Directive 2000/77/EC of the European Parliament and of the Council of 14 December 2000 amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition
Date: 2000-12-14
Institutions: Council of the European Union, European Parliament
Subjects: EU control, animal nutrition, food inspection, health policy

29.12.2000

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Official Journal of the European Communities

L 333/81

DIRECTIVE 2000/77/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2000

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

inspection programmes based on a recommendation
from the Commission.

Having regard to the Treaty establishing the European
Community, and in particular Article 152(4) thereof,

(6)

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), in the light of the joint text approved on
11 October 2000 by the Conciliation Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

Council Directive 95/53/EC of 25 October 1995 (4) lays
down the principles in accordance with which official
inspections must be carried out in the field of animal
nutrition. Experience has shown that, where appropriate,
there should be the possibility of defining those princi-
ples more precisely at Community level
in order to
establish a reliable harmonised procedure and to intro-
duce the new inspection system for products from third
countries used in animal nutrition.

In order to adequately protect human and animal health
and the environment, Commission and Member State
experts should be able to carry out on-the-spot inspec-
tions not only in the Community but also in third
countries,
in particular following the appearance in a
third country of any problem likely to affect the health
into circulation in the
of animal
Community.

feedingstuffs put

The Commission should furthermore be given the poss-
ibility of, where necessary, sending experts to carry out
on-the-spot inspections in the Community to check that
Community rules are being applied and, where appro-
priate, adopting Community measures.

For the same reason, a system of protective measures
should be laid down. Under that system the Commission
must be able to act by adopting measures appropriate to
the situation.

By Directive 95/53/EC, the Council laid down the prin-
ciple of organising annual, coordinated Community

(1) OJ C 346, 14.11.1998, p. 9.
(2) OJ C 138, 18.5.1999, p. 17.
(3) Opinion of the European Parliament of 16 December 1998 (OJ C
98, 9.4.1999, p. 150), Council Common Position of 15 November
1999 (OJ C 17, 20.1.2000, p. 8) and Decision of the European
Parliament of 11 April 2000 (not yet published in the Official
Journal). Decision of the Council of 20 November 2000 and Deci-
sion of the European Parliament of 14 December 2000.

(4) OJ L 265, 8.11.1995, p. 17. Directive as amended by Council

Directive 1999/20/EC (OJ L 80, 25.3.1999, p. 20).

In particular cases justified on human or animal health
grounds,
the inspections carried out by and in the
Member States should be stepped up. To ensure that the
inspections and checks are uniformly and effectively
applied across
the
Commission should be given responsibility for adopting
specific coordinated inspection programmes.

the Community in such cases,

(7)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (5).

(8)

Council Directive 95/53/EC should be amended accord-
ingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 95/53/EC is hereby amended as follows:

1. the following paragraph shall be added to Article 5:

‘Where appropriate, detailed rules for the application of this
Article shall be adopted in accordance with the procedure
laid down in Article 23.’

2. the following paragraph shall be added to Article 7:

‘Where appropriate, detailed rules for the application of this
Article shall be adopted in accordance with the procedure
laid down in Article 23.’

3. the following Articles shall be inserted:

‘Article 9a

1. Where a problem likely to pose a serious risk to
human or animal health or the environment appears or
spreads on the territory of a third country, the Commission,
on its own initiative or at the request of a Member State,
shall immediately depending on the gravity of the situation
take the following measures, in accordance with the proce-
dure laid down in Article 23a:

— suspend imports of products from all or part of the
third country concerned or from one or more specific
production establishments and, where appropriate, any
third country of transit and/or

(5) OJ L 184, 17.7.1999, p. 23.

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— lay down special conditions for products intended for
import from all or part of the third country concerned.

2.
However, in emergencies, the Commission may provi-
sionally adopt the measures referred to in paragraph 1 after
informing the Member States. It shall submit the matter to
the Standing Committee for Feedingstuffs within ten
working days for its opinion, in accordance with the proce-
dure laid down in Article 23a, with a view to the extension,
amendment or repeal of those measures. For such time as
the measures adopted by the Commission have not been
replaced by another legal act, they shall continue to apply.

3. Where a Member State officially informs the Commis-
sion of the need to take protective measures and where the
Commission has not acted in accordance with paragraph 1,
that Member State may adopt temporary protective meas-
ures with regard to imports. Where a Member State adopts
temporary protective measures, it shall immediately inform
the other Member States and the Commission. The
Commission shall
to the Standing
Committee for Feedingstuffs within ten working days in
accordance with the procedure laid down in Article 23 with
the
a view to the extension, amendment or repeal of
national temporary protective measures.

the matter

submit

The Member State on whose territory an inspection is
2.
carried out shall afford the Commission and Member State
experts full assistance to carry out their duties.

The outcome of

3.
the inspections made shall be
discussed with the competent authority of the Member State
concerned before a final report is drawn up and circulated.

The Commission shall inform the Member States and the
European Parliament of the results of inspections carried
out.

4. Where the Commission or a Member State considers
that the results of an inspection justify it, these shall be
examined in the Standing Committee for Feedingstuffs. The
Commission shall adopt any necessary decisions in accord-
ance with the procedure laid down in Article 23.

The Commission shall monitor

5.
the situation and
amend or repeal the decisions referred to in paragraph 4 in
accordance with the procedure laid down in Article 23.

6.
Detailed rules for the application of this Article shall
be adopted in accordance with the procedure laid down in
Article 23.’

Article 9b

6. the following paragraph shall be added to Article 22:

1. Where necessary, on-the-spot
inspections may be
carried out by Commission and Member State experts in
third countries to verify whether guarantees, offered by
those countries, regarding the conditions for the production
and putting into circulation of products can be considered
as at least equivalent to those required in the Community.

2.
The inspections referred to in paragraph 1 shall be
carried out on behalf of the Community, which shall bear
the costs thereof.

‘4. Without prejudice to paragraphs 1, 2 and 3, where
the protection of human or animal health or the environ-
ment requires the prompt introduction of limited, specific,
coordinated programmes of
inspections at Community
level, the Commission shall take the necessary measures in
accordance with the procedure laid down in Article 23.

These programmes shall
provoked by a specific incident.’

in particular serve in situations

7. Article 23 shall be replaced by the following:

3.
The Commission shall inform the Member States of
the results of the inspections referred to in paragraph 1.

‘Article 23

4. Where necessary, detailed rules for the application of
this Article shall be adopted in accordance with the proce-
dure laid down in Article 23.’;

4. the title of Chapter IV shall be replaced by the following:

‘GENERAL PROVISIONS AND INSPECTIONS’;

5. the following Article shall be inserted:

‘Article 17a

1. Without prejudice to Article 15, and insofar as neces-
sary for the uniform application of the requirements of this
Directive, Commission and Member State experts may carry
out on-the-spot
in cooperation with the
competent national authorities, to verify that the provisions
of this Directive, and in particular Articles 4, 5, 7, 11 and
12, are being applied.

inspections,

The Commission shall appoint Member State experts on a
proposal from the Member States.

The Commission shall be assisted by the Standing
1.
Committee for Feedingstuffs (hereinafter referred to as “the
Committee”).

2. Where reference is made to this Article, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/
468/EC shall be 3 months.

3.

The Committee shall adopt its rules of procedure.’;

8. the following Article shall be inserted:

‘Article 23a

1.
The Commission shall be assisted by the Standing
Committee for Feedingstuffs (hereinafter referred to as “the
Committee”).

2. Where reference is made to this Article, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

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The period laid down in Article 5(6) of Decision 1999/
468/EC shall be 15 days.

3.

The Committee shall adopt its rules of procedure.’

3. Member States shall communicate to the Commission the
text of the main provisions of national law they adopt in the
field covered by this Directive.

Article 2

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive at the latest on 29 December 2001.

They shall forthwith inform the Commission thereof.

2. When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompanied by
such reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 14 December 2000.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

D. GILLOT