Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition, amending the proposal of the Commission pursuant to Article 250 paragraph 2 of the EC Treaty
Date: 2000-09-06
Institutions: European Commission
Subjects: EU control, animal health, animal nutrition, food inspection, third country

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 06.09.2000
COM(2000) 496 final

1998/0301 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 95/53/EC fixing the principles governing the organisation of official
inspections in the field of animal nutrition

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250, paragraph 2 of the EC Treaty

EXPLANATORY MEMORANDUM

Article 251, paragraph 2, indent c, of the EC Treaty lays down that the Commission shall
deliver an opinion on the amendments proposed by the European Parliament at second
reading.

The Commission sets out its opinion in point 3 on the four amendments proposed by the
Parliament.

1.

a)

b)

c)

d)

e)

BACKGROUND

the Commission forwarded to the Council and to the
On 4 November 1998,
European Parliament its proposal for a European Parliament and Council Directive
COM (1998) 602 final - COD 1998/0301 of 3 November 1998

The Economic and Social Committee delivered a
24 March 1999.

favourable opinion on

The European Parliament approved the proposal at first reading without amendments
and report on 6 December 1998.

The Council unanimously adopted its common position on 15 November 1999
including an amendment to the provisions concerning the safeguard clause, which
the Commission did not accept.

On 11 April 2000, the European Parliament adopted at second reading a European
including four
legislative resolution on the common position of the Council
amendments to that common position.

2.

PURPOSE OF THE PROPOSAL

Directive 95/53/EC fixes the principles on which basis, Member States must carry out official
inspections in the field of animal nutrition. It covers products originating in the Community as
well as products from third countries. The Directive entered into force in May 1998.

The amendments to Directive 95/53/EC aim to:

1.

2.

3.

Provide the legal basis for a future adoption of harmonised application measures
concerning documentary, identity and physical checks on the relevant
imported
products.

Provide a system of protective measures for such products in the event of a risk for
public health including provisions to carry out on-the-spot checks in third countries
and in the Community when so required.

Provide for a system to set specific inspection programmes when so required in
addition to the general programmes already provided for by the Directive.

Originally, the legal basis of the proposal was Art.100A. However with the entry into force of
the Treaty of Amsterdam, the Council and the Commission agreed that the proposal should be
based on Article 152(4) of the Treaty.

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3.

OPINION OF THE COMMISSION ON THE AMENDMENTS BY THE EUROPEAN
PARLIAMENT

3.1.

Amendments retained by the Commission

• Amendment n°1

Introduces in the recitals a reference to Council Decision 1999/468/EC laying down the
procedures for the exercise of implementing powers conferred on the Commission. In the
Commission’s view, it is clear that when a decision on a safeguard measure has to be taken,
this shall be done in line with Article 6 of the above Decision stipulating safeguard
procedures.

• Amendment n°2

Reintroduces the original text of the Commission proposal and deletes references to the new
Article 23a. This new Art 23a introduced a regulatory procedure according to Article 5 of
Decision 1999/468/EC. In the Commission’s view, the amendment provides for a faster
procedure to adopt emergency measures

• Amendment n°4

Deletes the new art.23a as this is no longer relevant in the light of the above amendments n° 1
and 2.

• Amendment n° 3

Reintroduces in fact most of the original text of the Commission proposal concerning on-the-
spot inspections. The Commission did not oppose the amendments made by the Council on
this Article because they were not considered to modify in substance the purpose of the
proposal.

However, the Commission in appreciating the support of the European Parliament on its
original proposal would like to explain its position in detail:

Amendment n °3 “New Art 17a (1)”:

The European Parliament reintroduced the original text of the Commission proposal
concerning the field of application of inspections in animal nutrition in which the co-
operation with national competent authorities is specifically underlined.

In the Commission’s view, the Council decision aiming to limit the Commission
inspections “in so far as necessary for the uniform application of the requirements of
this Directive” is not essential because inspections are carried out in particular to
verify compliance with specific legislation.

Amendment n °3 “New Art 17a (2)”:

The European Parliament decided, contrary to the Council, that full assistance shall
be provided by the Member States to the inspectors in order to carry out their duties.
It is clear for the Commission that it is in the interest of the Member State concerned
to be available and open for all forms of co-operation with the Commission
inspectors as much as possible, to reinforce confidence between the two authorities .

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Moreover the European Parliament also decided to introduce the possibility for the
Commission to carry out unannounced inspections in the Member States. In the
Commission’s view, this is already being carried out at the level of premises, but
always in co-operation with the competent authorities of the Member State. Prior
notification to the competent authority of the Member State of an inspection remains
a prerequisite for an inspection, unannounced to the premise in question.

The introduction of unannounced inspection visits also needs to be considered in the
context of the need to ensure a continued spirit of mutual trust and co-operation
between the Commission services and the Member States.

Amendment n °3 “New Art 17a (3)”:

The European Parliament decided to delete the text concerning the obligation for the
Commission to discuss the outcome of the inspections with the competent authority
of the Member State before the final report is circulated. In the Commission’s view,
there is no need for such a legal obligation because such discussions can be carried
out in any case and indeed experience has shown that it is possible to obtain further
clarifications on the inspections carried out during a final meeting with the
competent authorities.

In addition the European Parliament requires to be also informed, of the results of
Commission inspections in terms of equality with the Member States and requires
the circulation of the inspection report. In this respect the Commission cannot but
agree because this is already being done in other sectors such as in the veterinary
field. The Commission currently affords Member States an opportunity to comment
on the contents of draft inspection reports carried out by the Food and Veterinary
Office. These comments are appended as an annex to the final report.

3.2.

Amendments not accepted by the Commission

None.

4.

CONCLUSIONS

The Commission is in favour of all the amendments to the common position, voted by the
European Parliament although it emphasises that the most important amendments are those
affecting the procedure to adopt a safeguard measure.

Amendment n°3, conversely, is not essential to improved inspections in the field of animal
nutrition.

Having regard to Article 250, paragraph 2 of the EC Treaty, the Commission modifies its
proposal as mentioned above.

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