8. 11. 95 Official Journal of the European Communities - No L 265/17 COUNCIL DIRECTIVE 95/53/EC of 25 October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the European Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (®), Whereas animal nutrition has become a very important aspect of Community agriculture ; Whereas fixing at Community level the principles gover- ning the organization of official inspections in the field of animal nutrition helps safeguard animal health, human health and the environment, ensure the fairness of commercial transactions and protect the interests of consumers ; Whereas rules must be laid down for the organization of official inspections of feedingstuffs in view of the very wide range of products used, the large volume of consign- ments of goods commercially traded, the integrated struc- ture of the sector and, in particular, the need to ensure both the wholesomeness of the feedingstuff to be consumed by animals and the quality of the foodstuff ; Whereas, in order to attain the desired objective, the rules laid down in this Directive must cover all products and substances used in animal nutrition in the Community; whereas inspections should therefore be organized to cover products imported into or released for free circula- tion in the Community ; Whereas the definition of ‘competent authority’ does not prevent Member States from delegating in whole or in part the responsibility of the authority for the purpose of carrying out officials checks in the field of animal nutri- tion, provided that inspections continue to be carried out under their authority ; Whereas, to be effective, inspections must be carried out regularly ; whereas they must not be restricted as to the subject, stage or moment at which they are carried out ; whereas they must take the most suitable forms to ensure their effectiveness ; () OJ No C 313, 19. 11. 1993, p. 10. () OJ No C 128, 9. 5. 1994, p. 97. () O No C 127, 7. 5. 1994, p. 10. Whereas, in order to ensure that inspection procedures are not evaded, it is necessary to provide that Member States shall not exclude a product from appropriate inspection on the grounds that it is intended for export outside the Community ; Whereas products from third countries must be subject to random documentary and identity checks on entry into the Community territory ; Whereas provision should be made for Member States to have the possibility of designating entry points in order to ensure the efficient conduct of inspections of imported products, without prejudice to the provisions laid down in other relevant Community legislation, in particular Direc- tives 90/675/EEC (*) and 92/118/EEC (%) concerning vete- rinary checks and animal health and public health requi- rements ; Whereas principles should be laid down to govern the organization of and steps to be taken following the physical checks to be carried out by the competent autho- rities ; Whereas, as regards intra-Community trade, emphasis should be placed on the checks to be carried out at the place of origin; whereas, however, in the event of a presumption of irregularity, the check may, exceptionally, be carried out while the products are in transit or at the place of destination ; Whereas this solution requires greater confidence in the inspections carried out by the Member State of dispatch ; whereas the Member State of dispatch must ensure that such checks are carried out in an appropriate fashion ; Whereas provision should be made for action to be taken where a check discloses that a consignment is irregular ; Whereas, for reasons of effectiveness, it is for the Member State of dispatch to ensure that the products comply with Community rules ; whereas, in the event of infringements, the Commission must be able to take action, in coopera- tion with the Member States concerned, particularly by making on-the-spot visits and adopting measures appro- priate to the situation ; (*) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Regulation (EEC) No 1601/92 (O] No L 173, 27. 6. 1992, p. 13 O 0_]. No L 62, 15. 3. 1993, p. 49. Directive as last amended by Commission Decision 94/723/EC (O] No L 288, 9. 11. 1994, p. 48).