Amended proposal for a Council Directive amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries
~" i CQtë^iSolQN1 OF THE EUROPEAN COMMUNITIES •S -to ! Brussels, 27. 06. 1997 COM(97> 321 final 96/9309 (COD) 96/0HO (COD) Ameadc-t proposal for a COUNCIL BIBSCTIVIS Saying down, the principles governing the organization of veterinary checks on product entering the Commuait;' from third countries Atrcnded proposal for a COTJNOL DIRECTIVE amending Directives 71/118/ESC, 72/*52/£EC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 9Î/493/BEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries. (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM On 21 May 1996 the Commission submitted to the Council: a proposalfor a Council Directive laying down the principles governing the organization of veterinary checks on products entering the Community from third countries; a proposal for a Council Directive amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries. Following the opinion delivered by the European Parliament at its plenary session of 19 February 1997, the Commission decided, under Article 189a(2) of the Treaty, to amend its initial proposal. The proposed amendments: improve the clarity of the text; provide for a more flexible approach to penalties; replace Article 43 of the Treaty with Article 100a of the Treaty as the legal basis. Amended proposal for a COUNCIL DIRECTIVE ^ | 0 \ 0^ ( c © ^) laying down the principles governing the organization of veterinary checks on products entering the Community from third countries On 21 May 1996, the Commission submitted the above proposal to the Council. Following the opinion of the European Parliament, delivered on 19 February 1997, the initial proposal has been amended as follows: 1. The title is replaced by the following title: "Proposal for a European Parliament and Council Directive laying down the principles governing the organization of veterinary checks on products entering the Community from third countries". 2. The preamble is replaced by the following: "THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with the procedure laid down in Article 189b of the Treaty, " 3. The first recital is deleted. 4. The sixth recital is replaced by the following: "Whereas in the new system of veterinary checks a documentary and physical check need to be carried out; whereas for that reason separate identity checks should be abolished, since a similar check will be carried out as part of the physical check;". 5. 6. Article 5(1) (only concerns the German version). Article 9(1 )(a) is replaced by the following: "(a) if the consignment is not unloaded, the competent authority may carry out random documentary checks of the products, on the basis of the original veterinary certificate or veterinary document or other document, or an authenticated copy of them. If a documentary check has been carried out the competent authority shall issue the certificate referred to in Article 5(1) certifying the results of this check, for the benefit of the border inspection post in the port or airport of destination;" 7. Article 9(1 )(c) is replaced by the following: "(c) if the consignment is unloaded and stored temporarily under supervision of the competent authority in the customs area of the port or airport to be forwarded to another • border inspection post by sea or air transport, the competent authority shall carry out a documentary check of the products on the basis of the same documents as are referred to in (a); in exceptional cases which may present a risk to public or animal health or when irregularities are suspected, a physical check may be carried out. This must take place at an approved border inspection post on each occasion. " Mr 8. Article 12(1) is replaced by the following: "1. Consignments coming from a third country and destined for a free zone, a free warehouse or a customs warehouse shall undergo in the border inspection post as referred to in Article 3(2) a documentary and a physical check in order to ensure that the products comply with the import conditions. In these cases the customs authorities and the competent veterinary authorities at the border inspection post shall authorize admission to a free zone, a free warehouse or a customs warehouse. " 9. The second subparagraph of Article 16(4) is replaced by the following: "Where an irregularity has been found to be the result of negligence or a deliberate action, a financial penalty of at least 20% of the customs value of the product shall be imposed on the declarant. " 10. In the first paragraph of Article 30 and the first and second subparagraphs of Article 31(1), "1 January 1997" is replaced by "1 January 1998". S Amended proposal for a COUNCIL DIRECTIVE °&> 1 °uo ^Ca"t>) amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries. On 21 May 1996, the Commission submitted the above proposal to the Council. Following the opinion of the European Parliament, delivered on 19 February 1997, the initial proposal has been amended as follows: 1. The title is replaced by the following title: "Proposal for a European Parliament and Council Directive amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries. " 2. The preamble is replaced by the following: "THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with the procedure laid down in Article 189b of the Treaty," Ù 3. The following recital is added: "Whereas, since the provisions of the above Directives are relevant to the protection of public health and the operation of the internal market, Article 100a of the Treaty should be taken as their legal basis. " 4. In the first and second subparagraphs of Article 2(1), "1 January 1997" is replaced by "1 January 1998". lr ISSN 0254-1475 COM(97) 321 final DOCUMENTS EN 03 02 11 Catalogue number : CB-CO-97-310-EN-C ISBN 92-78-21663-1 Office for Official Publications of the European Communities L-2985 Luxembourg %