85/446/EEC: Commission Decision of 18 September 1985 concerning the on-the-spot inspections to be carried out in respect of the intra-Community trade in fresh meat

COMMISSION  DECISION
of 18 September 1985
concerning the on-the-spot inspections to be carried out in respect of the intra-Community trade in fresh meat
(85/446/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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 85/235/EEC (2), and in particular Articles 8 and 9 thereof,
Whereas the Commission has to determine the general provisions laying down the conditions for implementing the on-the-spot checks as foreseen in Articles 8 and 9 of Directive 64/433/EEC;
Whereas, to this end, routine checks should be written into programmes drawn up after consultation with the Member States concerned and after an exchange of views in the framework of the Standing Veterinary Committee;
Whereas furthermore Article 8 (3) of the abovementioned Directive laid down that the Commission has the duty, if so requested by a Member State, to have a slaughterhouse or cutting plant which has been officially approved by another Member State inspected by one or more experts to establish whether the conditions governing such approval are observed; whereas this inspection arises when the Member State requesting it considers that such conditions are not being observed by the establishment in question, and when it is clear that the Member States involved cannot agree on the way to resolve the situation;
Whereas the Commission is responsible for appointing the experts from its own services as well as from among those proposed by the Member States on the basis of their qualifications;
Whereas, in view of the particular importance for intra-Community trade, from the health protection and economic standpoints, of any questions raised relating to an establishment, the inspection should be made as promptly as possible;
Whereas the Commission should provide the experts with a document authorizing them to make an inspection, so that the latter may justify their intervention, in particular in relation to the management of the establishment which has been called in question;
Whereas the Commission has to inform the Member State responsible for approving the establishment which has been called in question that an inspection is to be made of that establishment, in order that the Member State may take any appropriate steps and may ensure in particular that the establishment and the official veterinary services afford the experts all the facilities they need to carry out such investigations as the latter consider necessary;
Whereas, since the national experts will be acting at the request of the Commission, their travel and subsistence expenses must be reimbursed in accordance with the rates appropriate to persons outside the Commission who are called upon to act as experts;
Whereas it is necessary, after each check, to ensure that Member States are informed rapidly of the results obtained;
Whereas it is equally necessary to provide for a rapid procedure allowing, whenever required, for the adoption of Community decisions, particularly where checks have shown a serious risk to public health or when it is proved that measures regarded as essential following these checks have not been taken;
Whereas Article 9 (2) of the abovementioned Directive provides for a re-examination of the provisions of that Article before 1 January 1988; whereas the provisions of Chapter II of this Decision should remain applicable only until that date;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,