88/408/EEC: Council Decision of 15 June 1988 on the levels of the fees to be charged for health inspections and controls of fresh meat pursuant to Directive 85/73/EEC

COUNCIL DECISION of 15 June 1988 on the levels of the fees to be charged for health inspections and controls of fresh meat pursuant to Directive 85/73/EEC (88/408/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat (1), and in particular Article 2 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Directive 85/73/EEC laid down harmonized rules for the financing of health inspections and controls introduced by Community law; whereas in particular that Directive requires fees to be collected for such inspections and controls; whereas the  standard fee levels should be fixed at Community level;
Whereas, however, without prejudice to the second indent of Article 1 (1) or the second subparagraph of Article 2 (1) of Directive 85/73/EEC, the levels should be set, in an initial stage, only for the fees to be collected in respect of meat from the  animals mentioned in Article 1 (2) of the abovementioned Directive, and slaughtered on Community territory, it being understood that Articles 23 and 26 of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon  importation of bovine animals and swine and fresh meat from third countries (2), as last amended by Directive 87/64/EEC (3), whereby the costs are chargeable to the parties concerned, remain applicable to imports from third countries;
Whereas Article 12 of Council Directive 85/358/EEC of 16 July 1985 supplementing Directive 81/602/EEC concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action (4) requires that the fees  also take account of expenses entailed by the controls referred to in that provision;
Whereas Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (5) makes provision for controls to be carried out to this end; whereas the level of the fees to be fixed should also take account of the costs incurred by such controls;
Whereas it is possible that slaughtering, cutting and storage operations may take place in separate plants; whereas, as a result in such cases, not all the health inspections and controls to be covered by the fees under Directives 64/433/EEC (6),  71/118/EEC (7), 85/358/EEC and 86/469/EEC, are consequently carried out in the slaughterhouse; whereas, in accordance with the first subparagraph of Article 2 (1) of Directive 85/73/EEC these exceptional cases should be covered by providing for fees to  be charged in proportion to the different health controls and inspections to be carried out;
Whereas the principle should be adopted that the fees are charged to the person who has the slaughtering, cutting or storage operations carried out; whereas, as a general rule, all the fees are therefore collected at the slaughterhouse; whereas,  however, exceptional cases should be covered in the light of the abovementioned principle;
Whereas the rate should be fixed for converting into national currency the amount of the fee expressed in ECU, provision being made for the review of that amount if necessary,