CELEX: 51991PC0081
Language: en
Date: 1991-11-26
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat

m. COMMISSION OF THE EUROPEAN COMMUNITIES
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 wmm                                C0M(91) 81 final
                                    Brussels, 26 November 1991
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                            Proposai for a
                          COUNCIL D!RECTiVE
            amending Directive 85/73/EEC on the financing
                of health inspections and controls of
                      fresh meat and poultrymeat
                    (presented by the Commission)
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 ---pagebreak---                                           - 2 -
                               EXPLANATORY MEMORANDUM
Council Directive 85/73/EEC<1) laid down the rules on the financing of health
inspections and controls to be carried out in establishments in the Community
and on import from non-member countries of fresh meat and poultrymeat.                These
harmonized   rules provide for a fee to be charged           for such    inspections and
controls.
Council Directive 89/662/EEC^2^       lays down general     rules on the organization
of  the controls    to be carried     out   at origin    for   the majority     of  animal
products.   The Council has also adopted Directive 90/675/EEC laying down the
principles    governing   the  organization     of   veterinary    checks    on   products
                                                   3
entering the Community from third countries^ ^.
In the   light of these developments, this draft extends the principles                laid
down by Directive 85/73/EEC, and in particular the principle of charging fees,
to animal products in general.
The Member States will have to ensure that a fee             is collected     in order to
finance   the  checks   for  which   the official     veterinarian    or   the   competent
authorities    are   responsible    under   Articles 3(1)     and   4(1)   of    Directive
89/662/EEC   (checks at origin).      The same principle will        be applied     to the
physical   checks   provided    for    in  Directive    90/675/EEC     laying    down   the
principles    governing   the  organization     of   veterinary    checks    on   products
entering the Community from third countries.
(1)   OJ No L 32, 5.2.1985, p. 14.
(2)   OJ No L 395, 30.12.1989, p. 13.
(3)   OJ No L 373, 31.12.1990, p. 1.
 ---pagebreak---                                            - 3 -
                                      Proposal for a
                                    COUNCIL DIRECTIVE
                    amending Directive 85/73/EEC on the financing
                         of health inspections and controls of
                               fresh meat and poultrymeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 43 thereof,
Having regard to the proposal from the Commission^1),
Having regard to the opinion of the European Par Iiament*2),
Having regard to the opinion of the Economic and Social Committee*3^,
Whereas animal     products are     included   in the   list of products contained     in
Annex II to the Treaty;      whereas the marketing of those products constitutes a
source of income for a large part of the agricultural population;
Whereas Council Directive 89/662/EEC of 11 December 1989 concerning veterinary
checks in intra-Community trade with a view to the completion of the internal
market(4>,    as    last   amended    by   Directive   90/675/EEC (5) ,   laid  down   in
particular   the requirements for veterinary checks to be carried out              in the
Member State of dispatch for a large number of animal products;
Whereas Council     Directive    90/675/EEC of    10 December    1990   laying  down  the
principles    governing    the   organization    of   veterinary   checks   on   products
entering   the   Community    from   third  countries    laid down    in particular   the
requirements for physical       checks to be carried out on animal         products from
third countr ies;
(1)   OJ No C
(2)   OJ No C
(3)   OJ No C
(4)   OJ No L 395, 30.12.1989, p. 13.
(5)   OJ No L 373, 31.12.1990, p. 1.
 ---pagebreak---                                            - 4 -
Whereas      Council     Directive     85/73/EEC^6^,       as    amended     by      Directive
              7
88/409/EEC^ ^,      laid   down   harmonized     rules   on    the   financing     of    health
inspections     in relation    to fresh meat of       certain    animal   species-,    whereas
that   Directive    lays down    in particular    that a fee      is to be col lected for
inspections and controls;
Whereas    Directive 85/73/EEC      should  be amended      to take account       of   the new
provisions concerning controls;
Whereas the principles       laid down by Directive 85/73/EEC, and             in particular
the   principle     of   charging    fees,   should    be    extended;   whereas      such   an
extension is Justified by the concern to ensure that the control arrangements
operate effectively and distort ions of competition are avoided,
Whereas inspection fees may only be charged where the official                 inspection is
a mandatory precondition of placing a product on the market;
HAS ADOPTED THIS DIRECTIVE:
                                         Article 1
Directive 85/73/EEC is hereby amended as follows:
1. The title is replaced by the following:
    "Council    Directive   of   29  January   1985   on    the  financing    of   veterinary
    inspections and controls of animal products".
2. The following subparagraph is added to Article 1(2):
    "In    addition,     the    definitions     given     in    Article 2     of     Directive
    89/662/EEC*    and   Article 2 of     Directive    90/675/EEC**     shall    apply    where
    necessary.
    *   OJ No L 395, 30.12.1989, p. 13.
    ** OJ No L 373, 31.12.1990, p. 1."
(6)     OJ No L 32, 5.2.1985, p. 14.
(7)     OJ No L 194, 22.7.1988, p. 28.
 ---pagebreak---                                       - 5 -
3. The following paragraph 3 is added to Article 1:
   "3.  In the case of controls which are not covered by paragraph 1 or by
        Article 2a, the Member States shall ensure that:
        - a fee is collected in order to finance the controls provided for in
          Chapter 1 (checks at origin) of Directive 89/662/EEC and carried out
          by the competent authorities and official veterinarians;
        - a fee is collected in order to finance the physical checks provided
          for in Directive 90/675/EEC;
        - any direct or indirect refund of fees is prohibited."
4. The following paragraph 3 is added to Article 2:
   "3.  Notwithstanding  paragraph   1, the   following shall  be  determined  in
        accordance with the procedure laid down in Article 4a:
        - standard levels for the fees referred to in Article 1(3);
        - detailed rules for the application of Article 1(3)".
5. The following Article is inserted:
                                   "Article 4a
   1.   The Commission shall be assisted by the Standing Veterinary Committee
        set  up  by  Council  Decision    68/361/EEC*,  hereinafter   called  the
        "Committee".
 ---pagebreak---                                         - 6 -
   2.    Where the procedure   laid down in this Article       is to be followed, the
         following provisions shall apply:
         The representative of the Commission shall submit to the Committee a
         draft of the measures to be taken.         The Committee shall     deliver  its
         opinion on the draft within a time        limit which the chairman may      lay
         down according to the urgency of the matter, if necessary by taking a
         vote.
         The  opinion  shall  be   recorded    in  the   minutes;    in addition,   each
         Member  State  shall   have   the   right    to  ask  to   have  its   position
         recorded in the minutes.
         The Commission shall take the utmost account of the opinion delivered
         by  the Committee.   It shall     inform   the Committee     of the manner   in
         which its opinion has been taken into account.
         * OJ No L 255, 19.10.1986, p. 23."
                                      Art icle 2
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive not          later than 31 December
1991.  They shall immediately    inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to
this Directive or shall be accompanied by such reference at the time of their
official  publication. The procedure      for such    reference   shall  be adopted   by
Member States.
                                      Art icle 3
This Directive is addressed to the Member States.
Done at Brussels,                                     For the Council
                                                     The President
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(91) 81 final
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