Transcript Slide 1
Regulation proposal on
Official Controls
State of play
COM (2013) 265 final
Health and
Consumers
Ongoing ordinary legislative procedure
European Commission: proposal adopted on 06.05.2013
European Parliament:
• First reading plenary vote on 14/15.04.2014
• New rapporteur COM ENVI: MEP Karin Kadenbach (S&D
– AT)
Council: Joint Working Party of Veterinary Experts
(Public Health) and Phytosanitary Experts
• 1 meeting day under the IE Presidency, 7 meeting days
under the LT Presidency, 12 meeting days under the EL
Presidency,12 meeting days under the IT Presidency, 4
meeting days under the LV Presidency.
• Technical examination concluded - discussions on
Presidency's draft preliminary compromise text ongoing
Health and
Consumers
European Parliament first
reading – main changes
• Scope:
• Removal of offcial controls (OCs) on plant reproductive
material (PRM) and on contained use of GMOs
• Addition of OCs on agricultural product marketing
standards
• Repeal of most empowerments for delegated acts on
sector specific OC rules ('legislative proposals' instead)
• Repeal of mandatory official control fees:
• Possibility for MS to collect fees to recover some of the
costs incurred
• Primary production (including farm processing)
excluded + possibility for MS to exempt SMEs
Health and
Consumers
European Parliament first
reading – main changes
• Several modifications of specific OC rules for food of
animal origin (meat inspection):
• Permanent presence of official veterinarian during ante- +
post-mortem inspection
• Limitation of possibility of involving slaughterhouse staff
during OCs
• Border controls:
• Mandatory controls at border control posts (BCPs) on all food
containing products of animal origin
• Physical checks on products of animal origin (and decisions on
these consignments) by an official veterinarian (no other staff)
Health and
Consumers
Review of 882: General
objectives
• Simplify and clarify the legal framework
applicable to official control activities
• Consolidate the integrated approach
across the agri-food chain in its widest
meaning (food and feed, plant health, plant
reproductive material, animal health, animal
welfare)
• Ensure MS appropriately resource control
authorities through fees charged on
operators
Health and
Consumers
Scope extended - "Risk basis" confirmed
- Anti-fraud controls included
• Whole agri-food chain covered:
• New sectors: plant health, plant reproductive material,
animal by products, plant protection products
• Residues of veterinary medicines fully included
• Risk based official controls
• Regular unannounced official controls directed at
identifying intentional violations (fraud)
Consistent approach to official controls
Cross-sector prioritisation according to risks
Controls to detect fraud
Health and
Consumers
Flexible rules – Coordinated plans
• Sector specific EU rules if needed (delegated acts):
• Mandatory minimum frequencies
• Uniform control modalities
• Mandatory measures in case of non-compliances
• Specific/additional
tasks
and
responsibilities
of
competent authorities, etc.
• Mandatory (instead of recommended) EU coordinated
control plans (e.g. horse meat like cases)
Flexibility to respond to specific needs of the sectors
Fully coordinated controls with all MS in specific cases
(fraud, antibioresistence)
Health and
Consumers
Improved cooperation on crossborder enforcement
• Enforced
and
clarified
administrative
assistance and cooperation among MS
• Establishment of an integrated information
management system (also for frauds)
Increased usability and effectiveness of tools for
tackling cross border non-compliances
Improved computerised exchange of information,
data, documents
among CAs, and
with
Commission (and operators)
Health and
Consumers
Tougher penalties
• Sufficiently dissuasive financial penalties in
case of intentional violations:
Higher than the economic gain expected from
the violation
Deterrent effect of penalties
Health and
Consumers
Modernised integrated controls at
the borders
• All products subject to official controls at Border Control
Posts (BCPs) subject to same control mechanisms
• All controls based on risks, limited to what is necessary
• Improved cooperation amongst authorities (through
fully electronic means)
Integrated approach helping prioritising controls according
to risks and increasing efficiency and savings
Simplification and modernisation
Common interface for operators
Health and
Consumers
Better financing of official controls
• General obligation for MS to resource adequately control
authorities
• Mandatory fees for most official controls (across all sectors)
• Full cost recovery – Fees calculated:
• on basis of actual costs
• at flat rate fee with bonus malus to lower the level for
compliant operators
• Exemption of microenterprises (no cross subsidisation)
Elimination of current discriminations between sectors charged
and those not
Affordable to all operators
Reward of compliant operators through lower fees
Health and
Consumers
Better financing of official controls
• Full transparency on:
- How fees are calculated and used
- How thrifty and efficient use of fees is
ensured
• Consultation of operators on methods of
calculation of fees
Transparency as a driver to accountability of
competent authorities and improved efficiency of
official controls
Health and
Consumers
Improved transparency on official
controls (OCs) and their results
MS shall:
• Make available information on organisation/
performance of OCs
• Publish timely and regularly: type/number/
outcome of OCs, type/number of noncompliances, cases where measures taken
/penalties imposed
Transparency allowing citizens and operators to
gain better access to and understanding of the
enforcement efforts
Health and
Consumers
Improved transparency on official
controls (OCs) and their results
• MS allowed to publish outcome of OCs of
individual operators (conditions apply)
• MS entitled to publish rating of individual
operators (scoring schemes – conditions apply)
Transparency allowing citizens and operators to
gain better access to and understanding of the
enforcement efforts
Health and
Consumers