98/139/EC: Commission Decision of 4 February 1998 laying down certain detailed rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in the Member States (Text with EEA relevance)

12.2.1998 EN Official Journal of the European Communities L 38/10
COMMISSION DECISION
of 4 February 1998
laying down certain detailed rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in the Member States
(Text with EEA relevance)
(98/139/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (1), as last amended by Directive 95/23/EC (2), and in particular Article 12 thereof, and to the corresponding provisions of the other Directives and Decisions in the veterinary field, especially those concerning health problems affecting intra-Community trade in products of animal origin, laying down the animal health requirements applicable to intra-Community trade in live animals and in products of animal origin, concerning the examination of animals and fresh meat for the presence of residues, introducing measures for the control or the eradication of certain diseases, setting up standards for the animal welfare, introducing financial measures for the eradication of certain diseases and concerning expenditure in the veterinary field,
Whereas the Commission should adopt the general implementing rules establishing the conditions under which the on-the-spot checks referred to in the Directives and Decisions concerned must take place, in collaboration with the Member States concerned;
Whereas, in the framework of the on-the-spot checks provided for in Article 12 of Directive 64/433/EEC and in Article 10 of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultrymeat (3), as last amended by Directive 96/23/EC (4), the Commission may, without warning, verify the application of the provisions of Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (5), as last amended by Directive 96/43/EC (6);
Whereas, where this is necessary to ensure the uniform application of the Community legislation, the on-the-spot checks should be included in programmes established after discussion with the Member States concerned and an exchange of views in the Standing Veterinary Committee;
Whereas that collaboration should continue during the on-the-spot checks and in addition it should be possible for Commission experts to be accompanied by experts appointed by the Commission who are subject to certain obligations and have their travel and subsistence costs reimbursed;
Whereas, in the interests of efficiency, deadlines should be established for the despatch by the Commission of the results of on-the-spot checks to the Member States in which the checks were undertaken, and for the receipt of comments from those Member States;
Whereas it is necessary to ensure that the results of on-the-spot checks are taken into account by the Member States concerned;
Whereas, in the interests of transparency, the European Parliament, the consumer and the producer should be kept informed, within the limits of the Treaty and in particular the need to respect the obligation of professional secrecy laid down by Article 214 of the Treaty, of the findings of, and recommendations for action following from, the on-the-spot checks;
Whereas provision should also be made for a rapid procedure enabling Community Decisions to be adopted, where necessary, particularly in cases where on-the-spot checks have revealed a serious health risk or where it is found that measures acknowledged as indispensable after the checks have not been taken;
Whereas, in the interests of clarity, Commission Decision 96/345/ECC (7) should be repealed;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,