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EUR-Lex Access to European Union law

Also in this area, a task force with MS experts and the Commission was set up to discuss the feasibility of the inclusion of seeds and propagating material within the scope of the general framework for official controls. Although responsibility for the safety of food and feed on the EU market lies primarily with food and feed business operators, in these areas an increased control effort is also required from CA to ensure that food and feed business operators comply with safety requirements, and, ultimately, that food and feed placed on the market is safe.

Benefit Stable funding in areas already charged i.

Moreover, by expanding the scope of the list of mandatory fees, this option also addresses other issues, giving rise to the further effects detailed below. A risk based approach to the organisation of official controls means that costs on compliant operators, including micro-enterprises, are kept at a minimum. In the options considered below, the exemption of micro-enterprises from the application of fees is therfore replaced by a mechanism which aims to decrfto to both the abovementioned shortcomings i.

The repeal of the existing EU framework on inspection fees is likely to result in an increased variance of national approaches, and possible cuts in resources allocated to controls. Although absolutely no non compliance has been detected for several years now, between and samples are analysed each year across the EU for stilbenes, their derivatives, salts and esters. Current rules are based on the principle of cost recovery where fees are mandatory.

Simplification – The repeal of pre-existing sectoral acts or provisions would streamline all rules dealing with official controls along the agri-food chain in a single legislative framework, eliminating duplications and overlaps with the Regulation[56].

Inefficient use of control resources including at the EU borders could imply the perpetuation of avoidable administrative costs and burdens for operators. It also ensures that EU agri-food chain standards necessary for the functioning of the single market are applied uniformly and consistently in the different MS and sectors. In the absence of a harmonised framework, national approaches to the financing of official controls are likely to vary even further over time as MS make different policy choices.

The review also seeks to align the framework of official controls, in particular the terminology used, to the 52-309 customs code. The report also indicated that in order to rationalise and simplify the overall legislative framework, whilst simultaneously pursuing the objective of better regulation, consideration should be given 523-9 the possibility of integrating the rules currently applicable to official controls in specific areas e.

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Secondly they suggest that the following documents are made available on the Commission website:. Following re-submission on 16 May, a revised opinion was issued on 8 June clarifying 5523-09 points to be addressed:.

Finally, MS have been consulted within other fora and frameworks on the following specific issues relating to official controls: To reduce the dependency of the financing of controls on deccreto finances, the Regulation identifies a number of control activities mainly on meat, milk, fishery production, and on controls carried out at EU borders for which MS shall collect a fee from operators mandatory fee to recover control costs[29]. The decreeto frequency in those areas depends on the risk, on the record of compliance of the operator, on the reliability of its own checks, on indications of possible non compliance.

In addition caution and diligence should be used in developing decrreto a performance rating and in defining the criteria to be used. All examples and evidence are clearly referenced. As highlighted in section 5 below, in a majority of Member States, micro-enterprises[18] represent more than half 523–09 the total number of business operators at least in the four industries which are subject to the most intensive official control activities [19].

The rationale and the underpinning principles of such controls across the decreeto of food chain products from plants to animals and animal products, to food and feed, animal by-products, food contact materials are the same and they conform to the overarching principle according to which border controls shall be limited and proportionate to what is necessary to contain the potential risks for humans, animals or plants.

An option based on full harmonisation of fees across MS i.

Options 2 and 3 achieve the set 523-0 partly, only in the areas specifically covered by each of them, thus failing to cover the whole agri-food chain in an integrated approach, and to promote synergies decfeto cost savings.

Additional details are laid down in secondary legislation, such as the minimum requirements for BIP facilities and their technical equipment, the frequency of physical checks, the list of animals and animal origin products to be checked in BIPs and details for checks and follow up on specific consignments, e.

Across the EU fee rates vary considerably, not necessarily in relation with variances in costs.

Thus the general objectives of this initiative broadly coincide with the Treaty objectives to safeguard the single market while ensuring delivery of a high level of health protection. Some MS affirm the peculiarities of the Plant Health and of the Plant reproductive material sectors should be taken into account when establishing the rules governing official certification. In addition to the study on “Fees or charges collected by Member States to cover the costs occasioned by official controls” see foot note 5DG SANCO commissioned from another external contractor[11] a study to support the assessment of the options identified [12].


Samples taken on pigs to detect resorcylic acid lactones. The reason for that is to be found in the fact that no implementing tools exist to allow the cooperation mechanisms to function i. The overall system would become more consistent and reliable as the same mechanisms and tasks would be being used by all sectors[72]. The EU27 imported As a matter of fact, they believe performance of individual companies is an element to be taken into account by control authorities when establishing their control plan.

Additional costs are expected to be affordable by public budgets see box 7 below for estimations provided by 2 MS. As in 3; plus, by broadening the collection of mandatory fees to key activities of the agri-food chain, this option would improve the sustainability of the control system as a whole and reduce its overall dependency on budgetary decisions.

Whilst the contractor reported that there was difficulty in obtaining exact figures from MS to quantify the problem, the report did highlight the diverse spread of cost recovery within MS and certain problems with the application of EU rules which corresponded with previous studies and the Commission’s own findings. Although absolutely no non compliance has been detected for several years now, more than samples continue to be analysed each year across the EU. Amongst the non-mandatory fees currently collected by Italy is a yearly charge imposed on wholesale bakeries and manufacturers producing oven baked products.

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This is prevented by the current fragmentation of official controls legislation. In Junethe discussion paper was also sent to the Chief Veterinary Officers CVOs in order to identify any specific issues concerning in particular animal health laboratories.

In addition to the impacts highlighted for Option 2, the following impacts would be produced by expanding the scope of the Regulation to the plant health, PRM and ABP sectors. Furthermore, increased transparency would contribute to the objective of ensuring that fees revenues are not unduly distracted from their intended use compensate control costs.

Inconsistencies and gaps have been identified. The reason for official dcreto not being aligned to the risk-based approach in the areas above is that such controls are currently prescribed by EU rules[25], pre-existing the Regulation and decrsto repealed by it, which do not establish appropriate mechanisms to take into account the actual risk a given good, business activity or third country might present. The legislative framework is improved and streamlined, full cost recovery is ensured where mandatory fees are already provided, with the possibility for MS to refund fees paid by micro-enterprises.

Levels of cost recovery are unknown for three MS.