1.7. 9 Official Journal of the European Communities No L 162/1 (Acts whose publication is obligatory) COUNCIL DIRECTIVE 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC THE COUNCIL OF THE EUROPEAN UNION, 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 live animals and animal products are included in the list of products contained in Annex II to the Treaty; whereas such animals and animal products constitute a source of income for part of the agricultural population; Whereas Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EEC (%), laid down the principles governing the charging of fees for such controls; Whereas Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(*), lays down in particular the requirements for (1) OJ No C 219, 3. 8. 1993, p. 15. (2) OJ No C 315, 22. 11. 1993, p. 630. (*) O] No C 34, 2. 4. 1994, p. 23. : (*) O] No L 32, 5. 2. 1985, p. 14. Directive as last amended by " Directive 96/17/EC (O] No L 78, 28. 3. 1996, p. 30). (*) OJ No L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 92/118/EEC (O] No L 62, 15. 3. 1993, p. 49). veterinary checks to be carried out in the Member State of dispatch for live animals and certain 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(®) and Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(7), lay down in particular the requirements for documentary, identity and physical checks to be carried out on animals from third countries; Whereas the financing of such inspections and health checks varies in the different Member States, and is carried out in particular by charging fees which can vary; whereas such differences can affect the conditions of competition between products which are for the most part covered by common organizations of the market; Whereas, in the case of live animals entering the Community from third countries, the fact that operators are charged different fees can lead to deflections of trade; Whereas in order to remedy this situation provision should be made for harmonized rules on the financing of such inspections and checks; Whereas the public authorities are responsible for carrying out such inspections and checks; whereas, (®) O] No L 373, 31. 12. 1990, p. 1. Directive as last amended by Directive 95/52/EC (O] No L 265, 8. 11. 1995, p. 16). (7) OJ No L 268, 24. 9. 1991, p. 56. Directive as last amended by Decision 92/438/EEC (O] No L 243, 25. 8. 1992, p. 27).