Overall summary report on the results of inspections carried out at Community level by the Member States pursuant to Article 22 of Council Directive 95/53/EC
Date: 2002-03-28
Institutions: European Commission
Subjects: EU control, animal nutrition, food inspection, report

28.3.2002

EN

Official Journal of the European Communities

C 77/37

Overall summary report on the results of inspections carried out at Community level by the
Member States pursuant to Article 22 of Council Directive 95/53/EC (1)

(2002/C 77/07)

1. LEGAL BASIS

Article 22 of Council Directive 95/53/EC of 25 October 1995
fixing the principles governing the organisation of official
inspections in the field of animal nutrition (2), stipulates that
the Member States shall draw up annual programmes setting
out the national measures to be taken to achieve the aim of the
Directive. These programmes must
the
specific situation of each Member State and specify the type
and frequency of the inspections, which must be performed
regularly.

take into account

Before 1 April of each year, the Member States shall transmit
to the Commission all relevant information concerning the
implementation of
the abovementioned programmes during
the previous year, specifying:

— the criteria used in drawing up the programmes,

— the number and type of inspections carried out,

— the results of the inspections, in particular the number and

type of infringements found,

and more expensive. The exchange of
information on the
control activities carried out is therefore a keystone for the
construction of the European Union.

In this context, the Commission hereby summarises the control
activities carried out by the Member States in 2000 according
to the information provided so far.

3. SUMMARY OF CONTROL ACTIVITIES CARRIED OUT BY

THE MEMBER STATES IN 2000

All Member States provided information in writing on
inspection programmes
in 2000 to ensure
compliance with Community legislation in animal nutrition.

carried out

However a number of them presented the information after the
deadline of April 2001 and a few of them presented only
preliminary
very much
improved in comparison to the 1999 exercise, which was
the first year of
the
Directive, but it is not yet satisfactory.

implementation of Article 22(2) of

information. The

situation has

— action taken where infringements have been found.

1. Most Member States illustrated clearly the criteria used in

drawing up the inspection programmes.

Before 1 October each year, the Commission shall submit an
overall summary report on the results of inspections carried
out at Community level, together with a proposal for a recom-
mendation concerning a coordinated inspection programme for
the following year.

2. RATIONALE

included in their

some
Most Member States
system and planned their
information on the control
activities on the basis of
figures concerning production,
trade and consumption as well as the results of previous
years' controls.

reports

The purpose of Article 22 of Directive 95/53/EC is to provide
each year an overall picture of compliance with Community
legislation on animal nutrition in the Member States.

In some Member States the exercise of planning a detailed
nationwide annual control programme cannot be effectively
outlined due to regional differences.

This should enable the proper functioning of
the internal
market by providing elements to assess the uniform application
of Community
information
provided helps to identify special situations or critical fields
of
coordinated
approach at Community level.

common interest which may require

Furthermore

legislation.

the

a

The corner-stone of the internal market is the principle that
compliance is ensured at the place of origin and therefore
systematic controls at place of destination are not needed.
Controls at destination are indeed more difficult to perform

(1) See Commission Recommendation 2002/214/EC (OJ L 70,

13.3.2002, p. 20).

(2) OJ L 265, 8.11.1995, p. 17.

In general it is possible to conclude that, when available, a
chapter providing basic statistics helps in understanding of
the action planned.

2. Concerning the number and type of inspections carried out,
the Member States

information was provided. Most of
operate a dual system of controls:

— routine operational

aimed in
controls or
particular at establishments where processing procedures
are examined at intervals chosen by the authorities in
accordance with criteria not always outlined but often
including the volume of production,

audits

C 77/38

EN

Official Journal of the European Communities

28.3.2002

— special controls targeted at specific issues identified at
national or Community level as deserving particular
attention such as Salmonella sp. contamination, the use
of feed additives or heavy metals.

requiring a coordinated action at
conclusions on areas
Community level. It is therefore necessary to develop an appro-
priate reporting format for adoption under the procedure laid
down in Article 23 of Directive 95/53/EC.

Both controls usually involve sampling and testing.

3. Concerning the result of the inspections, the number and
type of infringements found are provided; however, their
is
interpretation is
difficult
importance of an
infringement.

sometimes cumbersome because it

to report on the relative

4. Most Member States set out what action was taken where
than
for
corrective

infringements were found. However, details other
sanctions,
number of
instance
of
measures at field level, are seldom provided.

criminal
enforcement

administrative or

concerning

the

In the meantime during discussions in the Standing Committee,
it emerged that
is worthwhile recommending targeted
inspections for 2002 at Community level on the following
issues:

it

— dioxins in trace elements and mineral feedingstuffs,

— heavy metals in trace elements and mineral feedingstuffs,

— mycotoxins in feedingstuffs,

4. CONCLUSIONS

The format of the reports provided is not homogeneous and
from the activities carried out it is not possible to drawn clear

— restrictions on the use of processed animal proteins to
protect against transmissible spongiform encephalopathies.

Extension of electronic licensing for imports of textiles and clothing imports

(2002/C 77/08)

Paragraph 3 of Article 11 of Annex III to Council Regulation (EEC) No 3030/93 on common rules for
imports of certain textile products from third countries, introduced by Regulation (EC) No 391/2001 of 26
February 2001 (1), states that ‘where a supplier country has entered into administrative arrangements with
the Community concerning electronic licensing the relevant information may be transmitted by electronic
means to replace the grant of export licences in paper form’.

Electronic licensing has already been introduced in a number of countries as from 1 November 2001 (2) 1
January 2002 (3) and 1 February 2002 (4). Since then, the Commission has entered into the necessary
arrangements with the following: Cabodia, Thailand, Malaysia and Ukraine. For these, from 1 April 2002,
the presentation of the original of the corresponding export licence will no longer be required for the
issuance of import licences by the licensing authorities of Member States, and these can therefore be issued
upon receipt by the competent authorities of Member States of the data transmitted in electronic form by
the supplier countries and confirmation from the Commission that the amounts requested are available
and/or of the validity of the electronic license. The competent authorities of the supplier third countries
concerned may, however, issue an export licence or any similar documents, including if they consider it
appropriate formal export licenses, for the benefit of operators in order to facilitate the transaction.

For any questions, economic operators are invited to address the licensing authorities of Member States,
which is published in OJ C 78, 18.3.2000, p. 2.

(1) OJ L 58, 28.2.2001, p. 3.
(2) OJ C 308, 1.11.2001, p. 16, (Sri Lanka, Bosnia and Herzegovina, Croatia and Vietnam).
(3) OJ C 374, 29.12.2001, p. 58 (Russia, Nepal, Taiwan, Macao and Philippines).
(4) OJ C 29, 1.2.2002, p. 5 (India, South Korea and Laos).