Proposal for a European Parliament and Council Directive amending Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition
14. 11. 98 EN Official Journal of the European Communities C 346/9 II (Preparatory Acts) COMMISSION Proposal for a European Parliament and Council Directive amending Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition (98/C 346/09) (Text with EEA relevance) COM(1998) 602 final - 98/0301(COD) (Submitted by the Commission on 3 November 1998) 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, Whereas Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutritionØ(˛) lays down the principles in accordance with which official inspections must be carried out; whereas experience has shown that, where appropriate, there should be the possibility of defining those principles more precisely at reliable in order Community the new harmonised procedure and inspection system for products used in animal feedÜ ingstuffs from third countries; to establish a introduce to level Whereas, in order to adequately protect human and animal health and the environment, Commission and Member State experts should be able to carry out inspections not only in the Community but also in third countries, in particular following the appearance in a third country of any problem likely to affect the health of animal feedingstuffs released into circulation in the Community; Whereas the Commission should furthermore be given the possibility of, where necessary, sending experts on site in the Community to check that Community rules are being applied and, where appropriate, adopting Community measures; (˛) OJ L 265, 8. 11. 1995, p. 17. Whereas, for the same reason, a system of protective measures should be laid down; whereas under that system the Commission must be able to act by adopting measures appropriate to the situation; Whereas, by Directive 95/53/EC, the Council fixed the principle of organising annual, coordinated Community inspection programmes based on a recommendation from the Commission; in particular cases Whereas, justified on human or animal health grounds, the inspections carried out by and in the Member States should be stepped up; whereas to ensure that the inspections and checks are uniformly and effectively applied across the Community in such cases, the Commission should be given responsibility for adopting specific coordinated inspection programmes, HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 95/53/EC is amended as follows: 1. The following paragraph is added to Article 5: "Where appropriate, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23. ’ 2. The following paragraph is added to Article 7: "Where appropriate, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23. ’ 3. The following Article 9a is inserted: "Article 9a 1. Ú Where necessary, on the spot checks may be carried out by Commission and Member State experts in third countries to verify whether the guarantees regarding the conditions for the production and placing on the market of feedingstuffs offered by those countries can be considered as at least equivalent to those required in the Community. C 346/10 EN Official Journal of the European Communities 14. 11. 98 2. Ú The checks referred to in paragraph 1 shall be carried out on behalf of the Community, which shall bear the costs thereof. 23 with a view to the extension, amendment or repeal of the national temporary protective measures. ’ 3. Ú The Commission shall inform the Member States of the results of the checks referred to in paragraph 1. the 4. Ú Where necessary, detailed application of in accordance with the procedure laid down in Article 23. ’ rules shall be adopted this Article for 5. The title of Section 3 is replaced by the following title: "Cooperation inspections’. in the event of infringements and 6. The following Article 15a is inserted: 4. The following Article 9b is inserted: "Article 15a "Article 9b 1. Ú Where a problem likely to pose a serious risk to human or animal health or the environment appears or spreads on the territory of a third country, the Commission, on its own initiative or at the request of a Member State, shall immediately, depending on the gravity of the situation: - suspend imports from all or part of the third country concerned and, where appropriate, any third country of transit and/or - lay down special conditions for products from all or part of the third country concerned. 2. Ú Except in emergencies, the Commission shall consult the Member States before taking the measures referred to in paragraph 1. 3. Ú The Commission shall immediately inform the Council and the Member States of any decisions adopted in accordance with paragraph 1. Any Member State may, within thirty days of such notification, refer the Commission’s decision to the Council. The Council, acting by a qualified majority, may confirm, amend or repeal the Commission’s decision. Where the Council does not adopt a decision within thirty days, the Commission’s decision shall be considered to be repealed. the Commission has not acted 4. Ú Where a Member State officially informs the Commission of the need to take protective measures in and where accordance with paragraph 1, that Member State may adopt temporary protective measures with regard to imports. Where a Member State adopts temporary protective measures, it shall inform the other Member States and the Commission. The Commission shall submit the question to the Standing Committee for Feedingstuffs within ten working days for its opinion in accordance with the procedure laid down in Article prejudice to Article 1. Ú Without 15, where necessary, Commission and Member State experts with the cooperation of the national competent authÜ orities may carry out on the spot checks to verify that the provisions of this Directive, and in particular Articles 5, 7, 11 and 12, are being applied. The Commission shall appoint Member State experts on a proposal from the Member States. territory an 2. Ú The Member State on whose inspection is carried out shall afford the Commission and Member State experts any assistance they may require to carry out their duties. 3. Ú The Commission shall inform the Member States of the results of checks carried out. inspection 4. Ú Where the Commission considers that the results of an the situation in the Standing Committee for Feedingstuffs. It may adopt any necessary decisions in accordance with the procedure laid down in Article 23. it shall examine justify it, 5. Ú The Commission shall monitor the situation and amend or in referred paragraph 4 accordingly in accordance with the procedure laid down in Article 23. the decisions repeal to 6. Ú Where necessary, detailed application of accordance with Article 23. ’ the procedure this Article for rules shall be adopted laid down the in in 7. The following paragraph 4 is added to Article 22: "4. Ú Without prejudice to paragraphs 1 to 3, where the protection of human or animal health or the environment requires the prompt introduction of a specific programme coordinating national inspections at Community level, the Commission shall take the necessary measures in accordance with the procedure laid down in Article 23. ’ 14. 11. 98 EN Official Journal of the European Communities C 346/11 Article 2 1. Ú Member States shall bring laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 December 1998. They shall apply these provisions from 1 January 1999. into force the They shall forthwith inform the Commission thereof. 2. Ú When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by the Member States. States the 3. Ú Member Commission the essential provisions of national law they adopt in the field covered by this Directive. communicate text of shall the to Article 3 This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States