COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council at first reading on the adoption of a Regulation on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations of the European Parliament and of the Council (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations of the European Parliament and of the Council (EC) No 854/2004 and (EC) No 882/2004, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)
Date: 2017-01-06
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal welfare, consumer protection, eco-label, food inspection, food safety, labelling, market approval, plant health control, plant propagation, veterinary inspection

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 6.1.2017  COM(2017) 6 final 2013/0140 (COD)   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council at first reading on the adoption of a Regulation on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations of the European Parliament and of the Council (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations of the European Parliament and of the Council (EC) No 854/2004 and (EC) No 882/2004, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC  (Official Controls Regulation)  
 
 
2013/0140 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council at first reading on the adoption of a Regulation on official 
controls and other official activities performed to ensure the application of food and feed 
law, rules on animal health and welfare, plant health and plant protection products, 
amending Regulations of the European Parliament and of the Council (EC) No 
999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, 
(EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031, Council Regulations (EC) No 
1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 
2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations of the European 
Parliament and of the Council (EC) No 854/2004 and (EC) No 882/2004, Council 
Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 
97/78/EC and Council Decision 92/438/EEC  
(Official Controls Regulation) 

1. 

BACKGROUND 

Date of transmission of the proposal to the European 
Parliament and to the Council (document COM (2013) 
265 final – 2013/0140 COD): 

6 May 2013. 

Date of the opinion of the European Economic and Social 
Committee: 

16-17 October 2013 

Date of the opinion of the Committee of the Regions: 

29 November 2013 

Date  of  the  position  of  the  European  Parliament,  first 
reading: 

15 April 2014 

Date of transmission of the amended proposal: 

* 

Date of adoption of the position of the Council: 

19 December 2016 

* 

Taking into account the developments in the informal discussions between the 
Council and the European Parliament following the Parliament's first reading, 
the Commission did not prepare an amended proposal but expressed its views 
on  the  Parliament  amendments  in  the  "Communication  de la  Commission  sur 
les  suites  données  aux  avis  et  résolutions  adoptés  par  le  Parlement  européen 
lors de la session d'avril 2014" (document SP (2014)471) sent to the European 
Parliament on 9 July 2014. 

EN 

2 

   EN 

 
 
 
 
 
2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  objective  of  the  proposal  is  to  modernise  and  improve  the  effectiveness  and 
efficiency  of  the  official  controls  system  across  Member  States.  Official  controls 
serve to ensure high standards of safety and quality along the agri-food chain that are 
consistently enforced and meet the expectations of the EU trade partners.  

The  proposal  replaces  the  existing  official  controls  Regulation  from  2004.  It 
broadens the scope of controls to cover plant health and animal by-products, which 
until now have been mainly governed by sectorial rules, to provide a more coherent 
and comprehensive approach to official controls along the entire agri-food chain.  

The  proposal  applies  the  risk  based  approach  to  official  controls.  It  also  aims  to 
reduce regulatory and administrative burdens for authorities and business operators. 
In particular, the proposal addresses inefficiencies in the system of official controls 
on residues of veterinary medicines in animals and animal products. It improves the 
mechanism  of  administrative  assistance  and  cooperation  among  national  control 
authorities  to  handle  more  efficiently  cross-border  cases  of  non-compliance. 
Accreditation  requirements  to  ISO  standards  for  official  laboratories  are  retained. 
Yet, transitional measures and temporary or permanent derogations are provided as 
appropriate. 

The  proposal  provides  a  set  of  common  rules  for  all  control  activities  to  be 
performed at EU borders on animals and goods from non-EU countries which require 
increased  attention  to  deliver  on  health  protection.  This  will  overcome  the 
fragmentation  of  current  rules,  making  the  system  of  controls  less  burdensome  for 
authorities and businesses alike. Whilst documentary controls will be systematically 
performed on those animals and goods that need to be checked at the border control 
posts, common criteria will ensure that identity or pysical checks are carried out at a 
frequency that reflects the risk posed by those animals or goods. 

Reinforced  transparency  rules  aim  to  increase  the  accountability  of  the  competent 
authorities  towards  consumers  and  businesses  on  how  agri-food  chain  rules  are 
applied and enforced. 

A new requirement for national enforcers to also carry out regular and unannounced 
controls  to detect  fraudulent  practices  along  the  agri-food  chain  and  more  stringent 
financial  penalties  for  fraudulent  behaviours  represent  a  major  step  forward  in  the 
fight against food fraud and in fostering fair competition among businesses. 

The proposal builds on the current system of mandatory fees for official controls so 
that  adequate  resources are allocated to  national  control systems, whilst  taking  into 
account the interests of small businesses. 

The  proposal  contains  a  number  of  empowerments  for  the  Commission  to  adopt 
Delegated or  Implementing  acts to  complement  or  specify control and  enforcement 
requirements in certain key areas of the agri-food chain. This will allow for specific 
enforcement  arrangements,  including  minimum  frequencies  of  controls,  where  the 
specific  hazards  or  risks  in  a  certain  area  so  warrant.  At  the  same  time,  the 
empowerments will enable the Commission to adjust certain elements of the system 
of controls in those areas, should the conditions change over time. 

EN 

3 

   EN 

 
3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

3.1  General comments 

The Commission proposal was transmitted to the European Parliament and to 
the Council on 6 May 2013. The European Parliament adopted its position at 
first reading on 15 April 2014. It supported the main goals of the Commission's 
proposal.  In  particular  the  Parliament  agreed  with  the  need  to  adopt  a  more 
integrated  approach  to  official  controls  to  overcome  fragmentation  and 
overlapping  of  rules  and  with  the  need  to  have  risk-based  controls.  It  also 
agreed with the need to ensure that official controls are adequately funded and 
that the way fees are calculated needs to be made public.  

to  have, 

In relation to the organic sector, the European Parliament was supportive of the 
the  Official  Controls  Regulation, 
in 
Commission  approach 
Commission  empowerments  for  the  adoption  of  control  rules  to  specifically 
cater  for  the  organic  sector.  This  approach  was  not  reflected  in  the  Council 
general  approach,  which  removed  the  empowerments  and  introduced  a 
considerable  number  of  specific  rules  (and  corresponding  empowerments)  in 
the  organic  proposal.  To  facilitate  the  co-legislators'  agreement,  and  after 
careful  consideration  that  the  effectiveness  of  controls  would  not  be 
compromised, the Commission accepted a fewer number of empowerments in 
the Official Controls Regulation for the organic sector.  

The  position  of  the  European  Parliament  included  319  amendments  to  the 
original Commission proposal.  

No  modified  Commission  proposal  was  issued.  In  the  "Communication  de  la 
Commission  sur  les  suites  données  aux  avis  et  résolutions  adoptés  par  le 
Parlement européen lors de la session d'avril 2014" (document SP (2014)471) 
sent to the European Parliament on 9 July 2016, the Commission indicated that 
it could accept in full, in part, in principle or subject to rewriting 129 of the 319 
amendments, as it considered that these amendments could clarify or improve 
the Commission proposal and were consistent with its general aims. 

Following  adoption  of  the  European  Parliament's  first  reading  position, 
informal  discussions  continued  between  the  delegations  of  the  European 
Parliament,  the  Council  Presidency  and  the  Commission,  with  a  view  to 
concluding an agreement at the common position stage ('early second reading 
agreement').  

These discussions proved successful and are reflected in the common position 
of the Council, which was adopted 19 December 2016 with qualified majority. 
The  Commission  considers  that  the  common  position  of  the  Council  reflects 
the  original  goals  of  the  Commission's  proposal  and  takes  into  account  many 
concerns  of  the  European  Parliament.  Although  on  certain  elements,  the 
common  position  differs  from  the  Commission's  original  proposal,  the 
Commission considers that it represents a carefully balanced compromise and 
is  satisfied  that  it  covers  all  issues  considered  essential  by  the  Commission 
when adopting its proposal. 

EN 

4 

   EN 

 
3.2  Amendments  of  the  European  Parliament  accepted  by  the  Commission 
and  incorporated  in  full,  in  part  or  in  principle  in  the  position  of  the 
Council at first reading 

Protecting  consumers  from  being  misled  about  the  nature  and  quality  of 
food.  The  European  Parliament  introduced  an  amendment  which  requires 
enforcement authorities to take account of the likelihood that consumers might 
be  misled  about  the  nature,  identity  and  properties  of  food  when  performing 
risk-based  controls.  The  amendment  was  acceptable  to  the  Commission  and 
Council as it is in line with the general aim to effectively address the violation 
of rules perpetrated through fraudulent or deceptive practices. 

European Reference Centres for the authenticity and integrity of the agri-
food  chain.  The  European  Parliament  proposed  the  establishment  of  an 
European Reference Centres for the authenticity and integrity of the agri-food 
chain.  These  centres  should  help  the  Commission  and  the  Member  States  to 
prevent,  detect  and  combat  fraud  related  to  the  agri-food  chain,  by  providing 
specialised  knowledge  and  specific  analyses.  This  was  accepted  by  the 
Commission and the Council. 

Protection  of  whistle-blowers.  The  European  Parliament  introduced  an 
amendment which aims at protecting people that report potential infringements. 
In particular, Member States would be obliged to have effective mechanisms in 
place  to  protect  whistle-blowers  against  retaliation,  discrimination  or  other 
unfair treatment. This was accepted by the Commission and the Council. 

European  Reference  Centres  for  animal  welfare  proposed  by  the 
Commission. The European Parliament introduced an amendment turning the 
establishment  of  such  centres  into  a  legal  obligation.  Furthermore,  the 
Parliament proposed that the coordinated scientific assistance provided by the 
Centres  should  be  offered  to  both  competent  authorities  and  relevant 
stakeholders.  This  was  acceptable  to  the  Commission  and  the  Council  as  the 
evidence  gathered  by  the  Commission  through  research  work  and  studies 
points to the need to establish such reference centres. 

3.3  Amendments of the European Parliament rejected by the Commission and 
incorporated in full, in part or in principle in the position of the Council at 
first reading 

Removal  of  plant  reproductive  material  from  the  scope.  The  European 
Parliament proposed to remove official controls on plant reproductive material 
rules from the scope of the Regulation. The Commission would have preferred 
to include them in the scope to allow for a more integrated approach to official 
controls and harmonisation of control rules in this sector across Member States. 
The Council, however, supported the European Parliament's amendment. In the 
spirit of compromise, the Commission accepts the Council's position. 

3.4  Amendments of the European Parliament accepted by the Commission in 
full,  in  part  or  in  principle,  but  not  incorporated  in  the  position  of  the 
Council at first reading 

Official  controls  on  marketing  standards  for  agricultural  products.  The 
Commission  accepted  the  European  Parliament's  amendment  to  extend  the 
scope of the proposal to marketing standards and rules for agricultural products 
as governed by the provisions of Regulation (EU) No 1308/2013. This was not 

EN 

5 

   EN 

 
fully acceptable for the Council resulting in a compromise where the scope of 
the  official  controls  Regulation  would  cover  those  checks  carried  out  under 
marketing standards legislation which identify possible fraudulent or deceptive 
practices.  The  Commission  can  agree  to  the  Council  position  as  a  significant 
number  of  strengthened  official  control  rules,  aimed  at  identifying  and 
deterring fraudulent practices, would apply to these products. 

Financial penalties applicable to fraudulent or deceptive practices to be set 
at an amount that is at least double to the economic advantage sought by 
the  perpetrator.  The  Commission  accepted  the  European  Parliament's 
amendment  for  having  tougher  financial  penalties  for  fraudulent  behaviours. 
The  Council  position  resulted  in  a  compromise  according  to  which  financial 
penalties  need  to  reflect  the  economic  advantage  or  a  percentage  of  the 
operator's  turnover.  This  was  based  on  the  consideration  that  it  would  be 
extremely  difficult  to  exactly  calculate  the  economic  advantage  sought.  The 
Commission can agree to the Council position as the compromise still results in 
more  stringent  rules  for  financial  penalties  to  better  deter  fraudulent  or 
deceptive practices. 

3.5  Amendments of the European Parliament rejected by the Commission and 

not incorporated in the position of the Council at first reading 

Deletion  of  rules  on  mandatory  fees  for  official  controls.  The  European 
Parliament introduced amendments which rejected mandatory fees in favour of 
the  Member  States'  discretion  to  apply  them.  The  European  Parliament  also 
rejected  the  exemption  for  microbusinesses  from  mandatory  fees.  The 
amendments  were  rejected  by  the  Commission  as  they  would  go  against  the 
Commission's objective to ensure a sustainable financing of control authorities, 
and a more equitable participation of operators in the financing of the control 
system.  The  amendments  were  also  rejected  by  the  Council,  which  in  its 
position instead requires mandatory fees in sectors where, based on risk, more 
resource  intensive  controls  are  necessary,  such  as  in  slaughter  houses  and  on 
imports.  Furthermore,  the  Council  position  allows  Member  States  to  take 
account  of  the  interests  of  small  businesses  to  reduce  fees.  The  Commission 
can accept the Council position as it would bring about a sustainable influx of 
financial  resources  in  sectors  of  the  agri-food  chain  where  controls  are  most 
necessary and where the risk of market distortion in the absence of mandatory 
fees is higher. Also the Commission proposed rules on fees transparency have 
been largely retained. Those rules would further promote greater consistency in 
the implementation of fees across the EU.  

Permanent  presence  of  an  official  veterinarian.  The  European  Parliament 
proposed  that  the  permanent  presence  of  an  official  veterinarian  should  be 
required  during  ante-  and  post-mortem  inspections.  Furthermore,  it  proposed 
that  the  possibility  of  involving  slaughterhouse  staff  during  official  controls, 
under  the  supervision  of  an  official  veterinarian,  should  be  limited  to  poultry 
and  lagomorphs.  The  Commission  rejected  these  amendments,  since  they 
would undermine the objective of enabling – without lowering the level of food 
safety – a more efficient use of control resources and a reduction of burden on 
competent  authorities.  On  the  basis  of  a  similar  reasoning,  the  Council  also 
rejected  most  of  these  amendments.  According  to  the  Council's  position,  the 
conditions  for  flexibility  will  be  established  by  delegated  and  implementing 
acts. 

EN 

6 

   EN 

 
Mandatory  channelling  and  systematic  official  controls  on  "foods 
containing  products  of  animal  origin"  entering  into  the  Union.  The 
European  Parliament  proposed  that  "foods  that  contain  products  of  animal 
origin" should be added to the categories of goods to be subject to mandatory 
systematic  controls  at  border  control  posts.  The  Commission  rejected  this 
amendment, as not all "foods that contain products of animal origin" present a 
level  of  risk  that  requires  them  to  be  channelled  to,  and  systematically 
controlled  at,  a  border  control  post.  The  Council  also  rejected  these 
they  would  be  disproportionate  and  unnecessarily 
amendments,  since 
disruptive of trade. 

Veterinary  checks  on  all  products  of  animal  origin  at  the  border.  The 
European  Parliament  introduced  amendments  setting  out  an  obligation  for 
physical  checks  on  animals  and  on  all  products  of  animal  origin  entering  the 
Union, to be carried out by an official veterinarian. The Commission rejected 
these amendments since physical checks on certain products of animal origin, 
such  as  powdered  milk  and  canned  meat,  do  not  necessarily  require  the 
veterinary  expertise.  Furthermore,  this  would  be  inconsistent  with  one  of  the 
core  objectives  of  the  proposal,  which  is  to  enable  a  more  efficient  use  of 
control resources. On the basis of a similar reasoning, the Council also rejected 
these  amendments  from  the  European  Parliament.  The  Council  compromise 
position  requires  official  veterinarians 
to  perfom  physical  checks  on 
consignments  of  animals  and  consignments  of  meat  and  edible  offal.  The 
Commission  can  accept  the  compromise  as,  albeit  more  prescriptive  than  the 
Commission  proposal,  it  allows  a  more  efficient  allocation  of  veterinary 
resources. 

3.6  New provisions introduced by the Council 

As regards the financing of official controls, substantial changes were made by 
the  Council  compared  to  the  Commission  proposal,  basically  introducing  a 
mandatory fees regime similar to the current one. The Commission can accept 
(as  explained  above)  the  Council  position  as  it  would  ensure  long-term 
financial  sustainability  for  those  official  controls  which  are  most  resource 
intensive.  Furthermore, rules  on  fees  transparency,  concerning  the calculation 
of  fees,  as  proposed  by  the  Commission  have  been  essentially  retained.  In 
addition  to  this,  the  Council  introduced  many  amendments  which  further 
develop  other  key  objectives  of  the  proposal,  such  as  the  obligation  for 
Member States to facilitate the cooperation between competent authorities and 
law enforcement authorities, public prosecutors and judicial authorities.  

The following provisions add to the scope and requirements of the proposal. 

Derogations  for  meat  inspection  of  certain  species.  The  Council  added  an 
empowerment  for  the  Commission  to  lay  down  specific  derogations  from  the 
rules on meat inspection as regards reindeer (Rangifer tarandus tarandus) and 
grouse  (Lagopus  lagopus  and  Lagopus  mutus),  in  order  to  allow  the 
continuation  of  longstanding  local  and  traditional  customs  in  certain  parts  of 
the Union. Since derogation can only be allowed on condition that it would not 
affect  the  achievement  of  the  objectives  of  this  Regulation,  the  Commission 
can accept this provision in the spirit of compromise. 

Derogations for border controls of unprocessed logs and sawn and chipped 
wood.  The  Council  added  an  empowerment  for  the  Commission  to  establish 

EN 

7 

   EN 

 
the  cases  and  conditions  under  which  border  control  posts  designated  for  the 
imports  of  unprocessed  logs  and  sawn  and  chipped  wood  may  be  exempted 
from  certain  requirements  as  regards,  for  instance,  premises,  facilities  and 
equipment.  The  Commission  can  accept  this  as  it  is  necessary  to  take  into 
account  the  needs  of  competent  authorities  in  charge  of  official  controls 
operating  under  specific  geographical  constraints,  while  ensuring  the  proper 
performance of the controls.  

4. 

CONCLUSION 

The  Commission  considers  that  the  common  position  adopted  by  the  Council  with 
qualified  majority reflects the  original  goals  of  the  Commission  proposal and  takes 
into  account  many  concerns  of  the  European  Parliament.  Although  on  certain 
elements, the common position differs from the Commission's original proposal, the 
Commission  considers  that  it  represents  a  carefully  balanced  compromise  and  is 
satisfied  that  it  covers  all  issues  considered  essential  by  the  Commission  when 
adopting its proposal. 

For  the  reasons  outlined  above  the  Commission  supports  the  common  position 
adopted on 19 December 2016. 

EN 

8 

   EN