Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market, in order to reinforce checking'
C 157/32 EN Official Journal of the European Communities 25. 5. 98 Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament and Council Directive amending Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market, in order to reinforce checking’ (1) (98/C 157/09) On 16 December 1997 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal. The Section for Agriculture and Fisheries, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 5 March 1998. The rapporteur was Mr Colombo. The Economic and Social Committee adopted the following opinion at its 353rd plenary session held on 25 and 26 March (meeting of 25 March 1998) by 106 votes to two with two abstentions. 1. Introduction 1. 1. Directive 89/662/EEC on veterinary checks in intra-Community trade is being amended because of unhappy experiences with the BSE crisis and the belief that more stringent checks are the safest and cheapest way of preventing problematic situations from arising. Since checks at 1. 2. internal borders have been removed, the approach is now based on more stringent veterinary controls of animal products at the place of departure and the possibility of controls at the final destination. 1. 3. The amended Directive under consideration attributes crucial importance to improvements in the exchange of information between the relevant author- ities of the Member States. The amended Directive extends the computerized 1. 4. network system commonly known as ANIMO — which links veterinary authorities and is already covered by Directive 90/425/EEC on veterinary and zootechnical checks — to intra-Community trade in foodstuffs of animal origin. Member States will however be free to decide how to apply the new arrangements. 2. General comments 2. 1. The Committee endorses the proposal to extend use of the computerized ANIMO system to products of animal origin covered by Directive 89/662/EEC and intended for human consumption, and considers that (1) OJ C 13, 17. 1. 1998, p. 12. this exchange of information between competent author- ities is consistent with the overriding need to protect public health. 2. 2. Whilst approving the extension of the ANIMO system, this approach does not fully solve the problem of how to improve veterinary controls. the Committee would point out that 2. 2. 1. The Committee therefore calls upon the Com- mission to press on with genuine harmonization of foodstuff control systems in all Member States. 3. Legal basis The Commission presents the proposal on the 3. 1. basis of Article 100a of the Treaty (internal market) although the normal legal basis for this type of legislation is Article 43 of the Treaty (agriculture) given that it covers the production and sale of products referred to in Appendix II. The legal service of the Council has now confirmed that Article 43 is the appropriate legal basis (cf. Opinion of the legal service of the Council, No 11180/97, of 10 October 1997). 3. 2. The Committee understands the reasons which have led the Commission to choose Article 100a as the legal basis of the Directive under consideration. The Committee is nevertheless convinced that the same reasons would be equally valid had the Commission opted for Article 43. 3. 3. The Committee therefore proposes that, in order to avoid the long and complex procedure needed today to implement Article 100a, Article 43 be chosen as the legal basis. Article 43 after all is already used in connection with all agriculture-related matters. The situation will of course have to be reviewed after the entry into force of Article 129 of the Treaty of Amsterdam. 25. 5. 98 EN Official Journal of the European Communities C 157/33 4. Specific comments 4. 1. Article 12 — The word ‘any’ at the beginning of Article 12 (2) should be deleted. 4. 1. 1. To avoid differing interpretations as to whether the ANIMO system is to be extended to all Member States, the Committee proposes the following: — The words ‘may if necessary be extended’ should be replaced by ‘shall be extended’ in Article 12(1). 4. 2. The last recital 4. 2. 1. The legal basis of the last recital should be amended in the light of what is said in point 3. 3 of this opinion. Brussels, 25 March 1998. The President of the Economic and Social Committee Tom JENKINS Opinion of the Economic and Social Committee on the ‘Proposal for a Council Directive on the marketing of propagating material of ornamental plants’ (98/C 157/10) On 26 January 1998 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal. The Section for Agriculture and Fisheries, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 5 March 1998. The rapporteur was Mr Stokkers. At its 353rd plenary session of 25 and 26 March 1998 (meeting of 25 March) the Economic and Social Committee adopted the following opinion by 111 votes to one with two abstentions. 1. Introduction 1. 1. The production of ornamental plants occupies an important place in Community agriculture. Satisfactory results depend to a large extent on the quality and health of the material used for their propagation. In order to guarantee free movement of goods in the Community and to make sure that purchasers throughout the Community receive propagating material which is healthy and of good quality, it is important that there be harmonized rules at Community level. In May 1996 the Commission launched the SLIM initiative (Simpler Legislation for the Internal Market). Its aim was to identify ways in which internal market legislation could be simplified. Four areas were chosen for a pilot project, of which the ornamental plants sector was one, given the difficulties which had been experienced in implementing the legislation. A SLIM team drew up recommendations for simplifying the ornamental plants directive. The current Commission proposal takes account of these recommendations and of the comments of the Member States and sectoral associations. The Commission pro- posal is based on Article 43 of the Treaty establishing the European Community. It contains the full text of Directive 91/682/EEC, with the changes underlined. 2. General comments 2. 1. The Commission has been successful in its effort to simplify the rules. The proposal places responsibility for meeting the quality requirements principally with the main players, i. e. those involved in producing, propagating and importing the basic material. The Committee welcomes this approach, as it feels that it offers a sufficient quality guarantee to purchasers of basic material, without however generating unnecessary bureaucracy. The import of basic material 2. 2. is also given balanced treatment in the proposal, allaying any fears of distortions of competition or the development of a