CELEX: 51989PC0670
Language: en
Date: 1990-02-05
Title: PROPOSAL FOR A COUNCIL DECISION ON THE CONDITIONS FOR GRANTING TEMPORARY AND LIMITED DEROGATIONS FROM SPECIFIC COMMUNITY HEALTH RULES ON THE PRODUCTION AND MARKETING OF PRODUCTS OF ANIMAL ORIGIN

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(89) 670 final
                                               Brussels,  5  February 1990
                              Proposal for a
                             COUNCIL DECISION
 on the conditions for granting temporary and limited derogations from
    specific Community health rules on the production and marketing
                      of products of animal origin
                      (presented by the Commission)
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                                     - 2 -
                           EXPLANATORY MEMORANDUM
The Community Is called upon to adopt measures for gradual establishments
at the Internal market over the period to 31 December 1992.     In the case of
products of animal origin the problem Is to reconcile the need for free
movement with the need to protect public health.
In pursuit of this aim the Commission has proposed general health rules
covering all production and marketing operations.
There will also be specific Community health rules for a number of
products, Including fresh meat, poultrymeat, game and rabbit meat, meat
products, minced meat, meat in pieces of less than 100 grams, meat
preparations, fishery products, live bivalve molluscs, raw milk, heat-
treated drinking milk, dairy products, egg products, animal fats and
rendered products.
In a true internal market these specific Community rules ought to apply to
all production whether or not liable to be traded between Member States.
This extension may present difficulties for a number of establishments In
operation before 1 January 1992.    It appears to be Justified, in order to
take account of certain local situations or prevent the abrupt closure of
certain establishments, to make arrangements for the Commission to grant
temporary limited derogations In response to a reasoned request from a
Member State.   It would also be for the Commission to set the terms of
these derogations taking due account of health and control requirements.
 It should be noted that the general Community health rules will continue to
apply to all production and marketing operations.
This proposal falls under the heading "Application of health standards to
national products" in the White Paper timetable.
The Commission proposes the regulatory committee procedure without the
 "safety net" arrangement for Implementing decisions, on the grounds that In
this instance there Is a need to avoid a break of continuity in management
of the veterinary sector.   The Commission's general preference for the
advisory committee procedure Is unaffected.
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                                Proposal for a
                               COUNCIL DECISION
    on the conditions for granting temporary and limited derogations from
            specific Community health rules on the production and
                    marketing of products of animal origin
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,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas products of animal origin are Included In the list of products In
Annex II to the Treaty; whereas the marketing of products of animal origin
 is a source of Income for a large part of the farming population;
Whereas, to ensure rational development of the sector and increase
productivity, health rules applying to production and marketing must be
 laid down at Community level;
Whereas the Community Is cal led upon to adopt measures for gradual
establishment of the Internal market over the period to 31 December 1992;
 ---pagebreak---                                     - 4 -
Whereas In pursuit of the abovementioned objectives the Council has laid
down specific Community health rules on the production and marketing of
products of animal origin, in particular fresh meat, poultrymeat, game and
rabbit meat, meat products, minced meat, meat In pieces of less than
100 grams, meat preparations, fishery products, live bivalve molluscs, raw
milk, heat-treated drinking milk, milk products, egg products, animal fats
and rendered products;
Whereas it is possible that, because of particular circumstances, some
establishments will be unable, by 1 January 1993, to comply with all of the
specific rules laid down; whereas In order to take account of local
situations and to prevent abrupt closures of establishments, arrangements
should be made for limited and temporary derogations for establishments In
operation before 1 January 1992;
Whereas the granting of derogations from specific Community health rules to
certain establishments is without prejudice to the requirement that all
production and marketing of products of animal origin conform to the
general health rules laid down by Council Regulation (EEC) No         of
                laying down general health rules applicable to the
production and placing on the market of products of animal origin and
specific health rules applicable to certain products of animal origin*1*;
Whereas to forestall any risk of abuse these derogations must be strictly
controlled by the Commission; whereas to this end there should be a
procedure for close and effective cooperation between the Commission and
the Member States within the Standing Veterinary Committee,
 (1) OJ No L
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HAS ADOPTED THIS DECISION :
                                 Article 1
For the purposes of this Decision :
1. "establishment" means any premises subject to specific Community health
   rules where products of animal origin are prepared, processed, wrapped,
   packed or stored;
2. "product of animal origin" means any product, whether or not processed,
   derived directly or indirectly from an animal and Intended for human
   consumption.
                                 Article 2
1. A Member State which after a thorough examination of the situation In
   each establishment considers that certain establishments In operation
   before 1 January 1992 will be unable to observe certain specific
   Community health rules on the production and marketing of products of
   animal origin shall submit a reasoned application for a derogation to
   the Commission.
2. The application referred to in paragraph 1 must be submitted to the
   Commission before 1 January 1992 and must give, for each establishment,
   the following information :
   - the rules In question,
   - the grounds for the application,
   - the duration envisaged for the derogation,
   - the part of Its territory affected, If appropriate,
   - the socio-economic Impact on local, regional and national production,
   - the number and Identity of establishments concerned,
   - the volume of production,
   - the distribution area for the products concerned,
   - the health rules planned,
   - the movement control rules for the products.
 ---pagebreak---                                      ;- 6 -
                                   Article 3
1. The Commission shall consider the reasons notified by the Member State.
    It may request any further Information needed.    If necessary, Commission
    representatives may make an on-the-spot visit.
2. The Commission may grant a temporary limited derogation as requested, in
   accordance with the procedure laid down In Article 4.     it shall set the
   general and particular terms of the derogation In accordance with the
   same procedure.
3. In examining the application the Commission shall take into
   consideration :
   - essential health and control requirements.
   - essential requirements as regards direct sales on local markets,
   - the geographical situation of the establishments,
    - local traditions,
    - the size of the establishments concerned and their production volume,
    - the nature of the production concerned, Including the technology used,
    - the distribution channels for the production concerned,
                                   Article 4
1. The Commission shall be assisted by the Standing Veterinary Committee
    set up by Council Decision 68/361/EEC(1>, hereinafter called the
    "Committee".
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.    The opinion shall be delivered
    by the majority laid down In Article 148(2) of the Treaty in the case of
    decisions which the Council Is required to adopt on a proposal from the
    Commission.   The votes of the representatives of the Member States
    within the Committee shall be weighted In the manner set out in that
    Article.  The Chairman shall not vote.
 (1) OJ No L 255, 18.10.1968, p. 23
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   The Commission shall adopt the measures envisaged if they are in
   accordance with the opinion of the Committee.
   If the measures envisaged are not In accordance with the opinion of the
   Committee, or if no opinion is delivered, the Commission shall, without
   delay, submit to the Council a proposal relating to the measures to be
   taken.
   The Council shall act by a qualified majority.
   If, on the expiry of a period of three months from the date of referral,
   the Council has not acted, the proposed measures shall be adopted by the
   Commission.
                                 Article 5
This Decision is addressed to the Member States.
Done at Brussels,                                 For the Council
 ---pagebreak---                                                               -   8 -
                                                                                                                Task    F o r c e PME
                           FICHE'D'IMPACT                SUR LA COMPETITIVITE                ET L ' E M P L O I
        Quelle        est      la j u s t i f i c a t i o n   principale         de l a m e s u r e ?
     A v o i r l a p o s s i b i l i t é de d o n n e r , à l a C o m m i s s i o n , l e p o u v o i r d ' a c c o r d e r , à
     c e r t a i n s é t a b l i s s e m e n t s des d é r o g a t i o n s . l i m i t é e s e t t e m p o r a i r e s à c e r t a i n e s  règles
     communautaires s a n i t a i r e s s p é c i f i q u e s
LI.    Caractéristiques                  des e n t r e p r i s e s  concernées.              En   particulier
       (a)        Y a-t-il          u n g r a n d n o m b r e de PME ?
                                                             QUI
        Cb)        Note-t-on des concentrations dans des régions
                   i. éligibles aux aides régionales des Etats membres ?
                                                                    NON
                 ii. éligibles              au Feder ?
    •            "                                    NON
III. Quelles              sont       les obligations             imposées directement                 aux entreprises ?
     Règles de contrôles variables selon les cas.
 IV. Quelles sont les obligations suceptibles d'être                                             imposées            indirectement
         aux entreprises via les autorités locales ?
 v.       Y a-t-il         des mesures            spéciales pour            les PME 1                                Lequelles ?
     NON - mais en principe, les P.M.E. devraient être les plus concernées
  VI. Quel est l'efiet                      prévisible
           a)       sur la compétitivité des entreprises ?
           b)       sur l'emploi 7
                                                                   Favorables
    vil.      Les p a r t e n a i r e s       sociaux       ont-ils      été     consultés        .                    Quels     sont      leurs
              avis ?
                                                        Comité C o n s u l t a t i f      Vétérinaire
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(89) 670 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-90-031-EN-C
                                                             ISBN 92-77-56927-1
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