CELEX: 51993PC0318
Language: en
Date: 1993-07-20
Title: Proposal for a COUNCIL DIRECTIVE on the financing of veterinary checks and inspections on live animals and certain animal products and amending Directive 91/496/EEC

13 . 8 . 93                                 Official Journal of the European Communities                           No C 219 / 15
                                                                   II
                                                           (Preparatory Acts)
                                                      COMMISSION
               Proposal for a Council Directive on the financing of veterinary checks and inspections on live
                              animals and certain animal products and amending Directive 91/496/EEC
                                                             (93 /C 219/05)
                                                          COM(93) 318 final
                                            (Submitted by the Commission on 20 July 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas the financing of such inspections and health
                                                                       checks varies in the different Member States, and is
Having regard to the Treaty establishing the European                  carried out in particular by charging fees which can vary;
Economic Community, and in particular Article 43                       whereas such differences can affect the conditions of
thereof,                                                               competition between products which are for the most
                                                                       part covered by common organizations of the market;
Having regard to the proposal from the Commission,
                                                                       Whereas, in the case of live animals entering the
Having regard to the opinion of the European                           Community from third countries, the fact that operators
Parliament,                                                            are charged different fees can lead to deflections of
                                                                       trade ;
Having regard to the opinion of the Economic and
Social Committee,                                                      Whereas in order to remedy this situation provision
                                                                       should be made for harmonized rules on the financing of
Whereas live animals and animal products are included                  such inspections and checks ;
in the list of products contained in Annex II to the
Treaty; whereas such animals and animal products                       Whereas the public authorities are responsible for
constitute a source of income for part of the agricultural             carrying out such inspections and checks ; whereas,
population ;                                                           however, provision should be made for operators to pay
                                                                       a contribution to the financing of such inspections and
Whereas Council Directive 90/425/EEC of 26 June                        checks ;
 1990 concerning veterinary and zootechnical checks
applicable in intra-Community trade in certain live                    Whereas Directive 91 /496/EEC should be adapted to
animals and products with a view to the completion of                  take account of these principles ;
the internal market ('), as last amended by Directive
92/ 118 /EEC (2), lays down in particular the                          Whereas the Commission should be entrusted with the
requirements for veterinary checks to be carried out in                task of adopting the necessary implementing provisions,
the Member State of dispatch for live animals and
certain animal products ;
                                                                       HAS ADOPTED THIS DIRECTIVE :
Whereas Council Directive 91 /496/EEC of 15 July 1991
laying down the principles governing the organization of                                         Article 1
veterinary checks on animals entering the Community                    Member States shall ensure that :
from third countries and amending Directives
89/662/EEC, 90/425/EEC and 90/675/EEC (3), as last                     — a fee is collected in order to finance the checks
amended by Decision 92/438 /EEC (4), lays down in
particular the requirements for documentary, identity                      provided for in Chapter 1 (checks at origin) of
                                                                           Directive 90 /425/EEC,
and physical checks to be carried out on animals from
third countries ;                                                      — a fee is collected in order to finance the checks
                                                                           provided    for   in  Article   4  (1)  of   Directive
                                                                           91 /496/EEC,
o    OJ   No L 224, 18 . 8 . 1990, p. 29.
(2)  OJ  No  L 62, 15. 3 . 1993, p. 49.                                — a fee is collected in order to finance the checks
O    OJ  No  L 268 , 24. 9. 1991 , p. 56.                                  provided    for  in   Article   4  (2)  of Directive
(4)  OJ  No  L 243 , 25 . 8 . 1992, p. 27 .                                91 /496/EEC,
 ---pagebreak--- No C 219 / 16                         Official Journal of the European Communities                                 13 . 8 . 93
— any direct or indirect refund of fees is prohibited.           to the urgency of the matter, if necessary by taking a
                                                                 vote .
                         Article 2
                                                                 The opinion shall be recorded in the minutes ; in addition
The following shall be determined in accordance with             each Member State shall have the right to ask to have its
the procedure laid down in Article 4 :                           position recorded in the minutes.
— the levels of the fees referred to in Article 1 ,              The Commission shall take the utmost account of the
                                                                 opinion delivered by the Committee. It shall inform the
— detailed rules for the application of Article 1 .     I
                                                                 Committee of the manner in which its opinion has been
                                                                 taken into account.
                         Article 3
Articles 4 (4) and 15 of Directive 91 /496/EEC are                                          Article 5
deleted .
                                                                 Member States shall bring into force the laws, regu­
                                                                 lations and administrative provisions necessary to comply
                         Article 4                               with this Directive not later than 31 December 1993 .
                                                                 They shall immediately inform the Commission thereof.
( 1 ) The Commission shall be assisted by the Standing
Veterinary Committee, hereinafter referred to as 'the            When Member States adopt these provisions, these shall
Committee'.
                                                                 contain a reference to this Directive or shall be ac­
(2) Where the procedure laid down in this Article is             companied by such reference at the time of their official
to be followed, the following provisions shall apply :           publication. The procedure for such reference shall be
                                                                 adopted by Member States .
The representative of the Commission shall submit to the
Committee a draft of the measures to be taken . The                                         Article 6
Committee shall deliver its opinion on the draft within a
time limit which the Chairman may lay down according             This Directive is addressed to the Member States .
             Proposal for a Council Regulation (EEC) setting the terms under which fishing vessels flying a
                       third country flag may land and market their catches at Community ports
                                                       (93 /C 219/06)
                                                    COM(93) 343 final
                                      (Submitted by the Commission on 20 July 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          country vessels to internal waters and ports is to be
                                                                  exercised by the Member State ; whereas however, as
Having regard to the Treaty establishing the European            regards access to ports by fishing vessels for direct
Economic Community, and in particular Article 43                 landing and marketing of their catches, additional
thereof,                                                         uniform measures should be enacted at Community level
                                                                  so that such operations are effected in a manner not
                                                                  liable to affect operation of the common fisheries policy;
Having regard to the proposal from the Commission,
Having regard to the opinion of the European                     Whereas under the common fisheries policy Community
Parliament,                                                      production is subject to observance of strict rules on
                                                                 management and conservation of resources and health
                                                                  and marketing standards ; whereas organization of the
Having regard to the opinion of the Economic and                 market in fishery products depends largely on the
Social Committee,                                                capacity of producers' organizations to regulate supply
                                                                  and prices by imposing rules on their members designed,
Whereas as far as the EEC Treaty is concerned the                in line with the EEC Treaty objectives, to boost their
authority of the coastal State as regards access of third        incomes ;