Council of the
European Union
Brussels, 16 July 2014
(OR. en)
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REV 3
Interinstitutional File:
2013/0140 (COD)
LIMITE
AGRI 380
VETER 55
AGRILEG 115
ANIMAUX 30
SAN 211
DENLEG 101
PHYTOSAN 36
SEMENCES 22
CODEC 1343
WORKING DOCUMENT
From:
To:
Presidency
Delegations
No. prev. doc.:
9464/13
No. Cion doc.:
COM(2013) 265 final
Subject:
Proposal for a Regulation of the European Parliament and of the Council
on official controls and other official activities performed to ensure the
application of food and feed law, rules on animal health and welfare, plant
health, plant reproductive material, plant protection products and amending
Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005,
834/2007, 1099/2009, 1069/2009, 1107/2009, Regulations (EU) No
1151/2012, [….]/2013 [Office of Publications, please insert number of
Regulation laying down provisions for the management of expenditure
relating to the food chain, animal health and animal welfare, and relating to
plant health and plant reproductive material], and Directives 98/58/EC,
1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC
(Official controls Regulation)
Delegations will find in Annex revised Presidency suggestions for rewording of Articles 76 to 84 of
the above proposal, following the discussions held in the meeting of the Joint Working Party of
Veterinary Experts (Public Health) and Phytosanitary Experts on 8-9 July 2014.
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The suggested new changes as compared to document 10131/2/14 REV2 appear in bold and
underlined and in strikethrough1.
1
Suggested changes that were already introduced in document 10131/2/14 REV2 figure in
bold characters without underlining and in […].
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ANNEX
Chapter VI1
Financing of official controls and other official activities
Article 76
General rules
1.
Member States shall ensure that adequate financial resources are available to provide the
staff and other resources necessary for the competent authorities to perform official
controls and other official activities, including through general taxation or fees.
2.
In addition to the fees collected in accordance with Article 77, Member States may collect
fees to cover costs occasioned by official controls and by other official activities other
than those referred to in Article 77(1), (1a), (1b) and (2).
3.
This Chapter also applies in the case of delegation of specific certain official control tasks
in accordance with Article 25.
4.
Member States shall consult […] relevant stakeholders […] on the general methods used
to calculate the fees provided for in Article 77.
Article 77
Mandatory fees
1.
For other official controls than those referred to in paragraphs 1a and 1b, for the
purpose of ensuring that competent authorities are provided with adequate resources for the
performance of official controls, they […] shall collect fees to recover […] costs they
incur in relation to:
(a)
1
2
3
official controls performed to verify that the following operators comply with the
rules referred to in Article 1(2):
(i)
food business operators as defined in Article 3(3) of Regulation (EC)
No 178/2002 that are either registered or approved, or registered and approved,
in accordance with Article 6 of Regulation (EC) No 852/2004 […]2;
(ii)
feed business operators as defined in Article 3(6) of Regulation (EC)
No 178/2002 registered or approved in accordance with Articles 9 and 10 of
Regulation (EC) No 183/2005 of the European Parliament and of the Council
laying down requirements for feed hygiene3, […];
Following comments from delegations, the Presidency will consider a possible
restructuring of this chapter without changing the substance.
To be discussed if delegations support adding professional users and distributors of plant
protection products as operators charged with mandatory fees as suggested by some
delegations; if so decided, Article 19 of Directive 2009/128 will be deleted.
Same issue for Animal By Products operators who are not food or feed operators.
OJ L 35, 8.2.2005, p. 1.
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(iii) professional operators as defined in point (7) of Article 2 of Regulation (EU)
No XXX/XXXX [Office of Publications, please insert number of the
Regulation on protective measures against pests of plants];
(iv) professional operators as defined in point (6) of Article 3 of Regulation (EU)
No XXX/XXXX [Office of Publications, please insert number of the
Regulation on the production and making available on the market of plant
reproductive material];
[…]
(c)
official controls performed to verify that the conditions are met:
(i)
to obtain and maintain the approval provided for in Article 6 of Regulation
(EC) No 852/2004 or in Articles 9 and 10 of Regulation (EC) No 183/2005;
(ii)
to obtain and maintain the authorisation referred to in Articles 84, 92 and 93 of
Regulation (EU) No XXX/XXXX [Office of Publications, please insert
number of the Regulation on protective measures against pests of plants];
(iii) to obtain and maintain the authorisation referred to in Article 25 of Regulation
(EU) No XXX/XXXX [Office of Publications, please insert number of the
Regulation on the production and making available on the market of plant
reproductive material];
[…]
1a.
1b.
Notwithstanding paragraph 1, The competent authorities shall collect fees to recover
the full costs they incur in relation to:
(a)
official controls performed at the request of the operator, including those
performed to obtain the approval or authorisation referred to in paragraph
1(c);
(b)
official controls which were not originally planned and:
(i)
which have become necessary following the detection of a non- compliance
during an official control performed in accordance with this Regulation;
(ii)
performed to assess the extent and the impact of the non-compliance or to
verify that the non-compliance has been remedied.
(c)
official controls performed in view of the issuance of official certificates or to
supervise the issuance of official attestations;
(d)
the issuance of official certificates or official attestations.
Notwithstanding paragraph 1a(b), By derogation from paragraphs (1) and (1a) as
regards the official controls performed by the competent authorities at the border
control posts or at the control points referred to in point (a) of Article 51(1) referred
to in Annex X [section A and B], the competent authorities shall collect:
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(a)
fees at the harmonised amounts specified in that Annex X4;.
(b)
fees to recover the costs of sampling and laboratory analysis, testing and
diagnosis, where applicable.
1c.
[The Commission shall adopt delegated acts in accordance with Article 139
concerning the update, at least every three years, of the harmonised amounts set out
in Annex X to take into account the effects of inflation.]5
1d.
Member States may decide that fees shall be collected by other authorities than the
competent authorities ones referred to in paragraphs (1), (1a) and (1b).
2.
For the purposes of paragraph 1, the official controls referred to in point (a) of that
paragraph shall include official controls performed to verify compliance with measures
adopted by the Commission in accordance with Article 137 of this Regulation, Article 53
of Regulation (EC) No 178/2002, Articles 27(1), 29(1), 40(2), 41(2), 47(1), 49(2) and
50(2) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of
the Regulation on protective measures against pests of plants], Articles 41 and 144 of
Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the
Regulation on the production and making available on the market of plant reproductive
material] and Part VI of Regulation (EU) No XXX/XXXX [Office of Publications, please
insert number of the Regulation on animal health], unless the decision establishing the
measures requires otherwise.
3.
For the purposes of paragraph 1:
(a)
4
5
the official controls referred to in point (a) of that paragraph shall not include official
controls performed to verify compliance with temporary restrictions, requirements or
other disease control measures adopted by the competent authorities in accordance
with Articles 55(1), 56, 61, 62, 64, 65, 68(1) and 69, and rules adopted pursuant to
Articles 55(2), 63, 67 and 68(2) of Regulation (EU) No XXX/XXXX [Office of
Publications, please insert number of the Regulation on animal health] and Article
16 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert
number of the Regulation on protective measures against pests of plants];
The standard amounts from Annex VIII of Directive 2009/128 will be added to Annex X
The possibility to include the adjustment to inflation directly in the provisions, without
delegating powers to the Commission, should be further analysed.
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(b)
the official controls referred to in point (a) [and (b)6] of that paragraph shall not
include official controls performed to verify compliance with the rules referred to in
Article 1(2)(j) and (k).
Article 78
Costs
1.
The competent authorities shall collect mandatory fees in accordance with Article 77(1),
and (1a) and (2) […] based at least on the following costs:
(a)
the salaries of the staff, including support and administrative staff, involved in the
performance of official controls, their social security, pension and insurance costs;
(b)
the cost of facilities and equipment, including maintenance and insurance costs and
others associated costs;
(c)
the cost of consumables, […] tools;
(ca) the costs of services charged to the competent authorities by delegated bodies
for official control tasks delegated to them;
(d)
the cost of training of staff referred to in point (a), with the exclusion of the training
necessary to obtain the qualification necessary to be employed by the competent
authorities;
(e)
the cost of travel of the staff referred to in point (a), and associated subsistence
costs;
(f)
the cost of sampling and of laboratory analysis, testing and diagnosis.
2.
[…] Only the fraction of the cost elements referred to in paragraph 1 of this Article which
results from the official controls or other activities referred to in Article 77(1), (1a) and
(2) shall be considered for the calculation of the fees.
3.
This Article shall apply to any other authority collecting fees as referred to in Article
77(1d).
4.
Mandatory fees referred to in Article 77(1) shall enable the competent authorities to
recover [at least 60% of the costs] referred to in paragraph 1.
6
Delegations would need to decide if the new Paragraph 1a.(c) corresponding to initial
Paragraph 1(b) shall be covered here as well.
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Article 79
Calculation of mandatory fees
[…]
1.
Fees collected in accordance with Article 77(1) shall be established according to one of
the following methods of calculation or a combination of both:
(a)
established at a flat-rate on the basis of the overall costs of official controls borne by
the competent authorities over a given period of time, and applied to all operators
irrespective of whether any official control is performed during the reference period
in relation to each operator charged; in establishing the level of the fees to be charged
on each sector, activity and category of operators, the competent authorities shall
take into consideration the impact that the type and the size of the activity concerned
and the relevant risk factors have on the distribution of the overall costs of those
official controls; or,
(b)
calculated on the basis of the actual costs of each individual official control, and
applied to the operators subject to such official control; such fee shall not exceed the
actual costs of the official control performed and may be partly or entirely expressed
as a function of the time employed by the staff of the competent authorities to
perform the official controls.; or,
[…]
1aa.(c) Fees collected in accordance with Article 77(1b) are established at the harmonised
amounts set out in Annex X.[section A and B] for the official controls performed in
accordance with Article 77(1b).
1a.
Fees collected in accordance with Article 77(1a) shall be calculated on the basis of the
actual costs of each individual official control or other official activity, and applied to
the operators subject to such official control or other official activity. Such fees shall
not exceed the actual cost of the official control or other official activity performed
and may be partly or entirely expressed as a function of the time employed by the
staff of the competent authorities to perform the official control or other official
activity.
2.
Travel costs as referred to in point (e) of Article 78(1) shall be considered for the
calculation of the fees referred to in Article 77(1) and (1a) in a manner that does not
discriminate between operators on the basis of the distance of their premises from the
location of the competent authorities.
3.
Where fees are calculated in accordance with point (a) of paragraph 1, the fees collected by
competent authorities in accordance with Article 77(1) and (1a) shall not exceed the
overall costs incurred for the official controls or other official activities performed over
the period of time referred to in point (a) of paragraph 1.
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Article 80
Reduction or exemption of fees […]
1.
Where fees are established in accordance with point (a) and (b) of Article 79(1), […]
Member States may, in a non-discriminatory manner, reduce the amount of the fees
referred to in Article 77(1) taking into account:
(a)
the interests of operators with a low throughput;
(b)
the traditional methods used for production, processing and distribution;
(c)
the needs of operators located in regions subject to particular geographical
constraints;
(d)
the operators' record of compliance with the rules referred to in Article 1(2) as
ascertained through official controls […].
2.
Members States may, in a non-discriminatory manner, exempt from the payment of
fees provided in Article 77(1), certain activities or categories [covered by the primary
production and retail as defined in Article 3(7) and Article 3(17), respectively, of
Regulation (EC) No 178/2002] 7 8.
3.
[The Commission shall, by means of implementing act, lay down harmonised criteria
for exempting certain activities or categories from the payment of fees as referred in
paragraph 2.]9
Article 81
Application of mandatory fees
1.
Operators shall, upon request, receive or have access to the proof of […] payment of fees
provided for in Article 77[…] from the authority collecting the fees, or be given access
to such proof by the same authority.
1a.
When the competent authority carries out several official controls at the same time on
a single operator, it shall consider these controls as a single activity and charge a
single fee.
2.
Fees collected […] by the competent authorities for the official controls at the border
control posts or at control points referred to in point (a) of Article 51(1) shall be paid
by the operator responsible for the consignment or its representative [before their
release]10.
7
8
9
10
To be discussed. In order for such exemption to be included, a justification will have to be
provided in the Recitals.
To be discussed. Which activity or category shall potentially be covered by that 'may'
exemption.
Need to add the criteria for exemption directly in the basic act, taking in account the
size/turnover of the business operator.
To be discussed. Need a wording closed to Article 7.3 of Dir.97/78
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3.
Fees provided for collected in accordance with Article 77 shall not directly or
indirectly be refunded, unless unduly collected.
Article 82
Fees refunds and exemption for microenterprises
[…]
Article 83
Transparency
1.
The competent authorities shall ensure a high […] level of transparency of […]11;
(a)
the method and data used to establish and reduce the fees provided for in Article
77(1);
(b)
the method and data used to reduce or exempt from the payment of fees and in
accordance with Article 80;
(c)
the financial ressources made available through general taxation;
(d)
the financial ressources made available through fees provided for in Article 77
and 76(2).
[…]
2.
Each competent authority shall make available to the public the following information for
each reference period […] the costs to the competent authority for which a fee is due in
accordance with Article 77(1) and (1a), indicating the breakdown of such costs per activity
referred to in Article 77(1) and (1a) and per cost element referred to in Article 78(1).
[…]
Article 84
Expenses arising from additional official controls and from
enforcement measures
[…]
11
Delegations are invited to confirm if these obligations on transparency shall apply also to
other authorities.
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ANNEX X section A)*
(i) FEES TO THE OFFICIAL CONTROLS OF GOODS
AND ANIMALS ENTERING THE UNION
(ii) FEES APPLLICABLE TO MEAT:
The harmonized amounts for the official control on the import of a consignment of meat are fixed at:
- EUR 67.67 per consignment, up to 6 tonnes, and
- EUR 11.07 per tonne, up to 46 tonnes, thereafter, or
- EUR 516.77 per consignment, over 46 tonnes.
(iii)FEES APPLICABLE TO IMPORTED FISHERY PRODUCTS
1. The harmonized amounts for the official control on the import of a consignment of fishery products is
fixed at:
– EUR 67.67 per consignment, up to 6 tonnes, and
– EUR 11.07 per tonne, up to 46 tonnes, thereafter, or
– EUR 516.77 per consignment, over 46 tonnes.
2. The above amount for the official control on the import of a consignment of fishery products,
transported as break bulk shipment, shall be:
– EUR 738.24 per vessel, with a cargo of fishery products up to 500 tonnes,
– EUR 1 476.49 per vessel, with a cargo of fishery products up to 1000 tonnes,
– EUR 2 952.98 per vessel, with a cargo of fishery products up to 2000 tonnes,
– EUR 4 429.47 per vessel, with a cargo of fishery products of more than 2000 tonnes.
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(iv)FEES APPLICABLE TO MEAT PRODUCTS, POULTRY MEAT, WILD GAME MEAT, RABBIT MEAT, FARMED GAME
MEAT, BY-PRODUCTS AND FEED OF ANIMAL ORIGIN
1. The harmonized amounts for the official control on the import of a consignment of products of
animal origin or a consignment of by-products of animal origin or a consignment of feed, is fixed at:
– EUR 67.67 per consignment, up to 6 tonnes, and
– EUR 11.07 per tonne, up to 46 tonnes, thereafter, or
– EUR 516.77 per consignment, over 46 tonnes.
2. The above amount for the official control on the import of a consignment of products of
animal origin, shall be:
– EUR 738.24 per vessel, with a cargo of products up to 500 tonnes,
– EUR 1 476.49 per vessel, with a cargo of products up to 1000 tonnes,
– EUR 2 952.98 per vessel, with a cargo of products up to 2000 tonnes,
– EUR 4 429.47 per vessel, with a cargo products of more than 2000 tonnes.
(v)FEES APPLICABLE TO TRANSIT THROUGH THE COMMUNITY OF GOODS AND LIVE ANIMALS
The harmonized amount of fees or charges for the official control on the transit of goods and live animals
through the Community is fixed at a minimum level of EUR 36.91, increased by EUR 24.61 per quarter of
an hour for every member of staff involved in the controls.
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(vi)FEES APPLICABLE TO IMPORTED LIVE ANIMALS
1. The fee for the official control on the import of a consignment of live animals is fixed:
(a) for bovine animals, equidae, pigs, sheep, goats, poultry, rabbits and small game birds or
ground game and the following land mammals: wild boar and ruminants, at:
– EUR 67.67 per consignment, up to 6 tonnes, and
– EUR 11.07 per tonne, up to 46 tonnes, thereafter, or
– EUR 516.77 per consignment, over 46 tonnes,
(b) for animals of other species at the actual cost of inspection expressed either per animal or per
tonne imported, at:
– EUR 67.67 per consignment, up to 46 tonnes, or
– EUR 516.77 per consignment, over 46 tonnes,
it being understood that this minimum does not apply to imports of species referred to in
Commission Decision 92/432/EEC.
2. At the request of a Member State, accompanied by appropriate supporting documents and in
accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, a lower level
of fees may be applied to imports from certain third countries.
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(vii) Food contact materials
FOOD OF NON ANIMAL ORIGIN
Up to 60 tonn
From 60 tonn. to 460 tonn.
Up to 460 tonn.
63,30
0,32
55,00
Per each tonn 0,9
0,28
Per each tonn 0,0045
420,00
2,10
Note*
- Fees (reg. 882/2004 status quo) uptaded according to inflation rate for the period 2004-2013 – Eurostat
- The annex must be examined by the Joint Working Party of Veterinary Experts and can be integrated if Member States wish to introduce
other activities
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Annex X) section B)*
Approved establishments
Harmonized amounts
Section B) (i)
Meat of domestic ungulates
Meat from poultry and lagomorphs
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Slaughterhouse - SH –
(a) beef meat
- adult bovine animals: 6.15 EUR/animal
- young bovine animals: 2.46 EUR/animal
(b) solipeds equidae: 3.69 EUR/animal
(c) pig meat : animals of a carcass weight
- of less than 25 kg: 0,62 EUR/animal
- equal to or greater than 25 kg: 1.23 EUR/animal
(d) sheepmeat and goatmeat: animals of a carcass weight
- of less than 12 kg: 0,18 EUR/animal
- equal to or greater than 12 kg: 0,31 EUR/animal
(e)Ratites
- ostrich, emu, nandou 0,50 /animal
(f) poultry meat
- poultry of genus Gallus and guinea fowl: 0,01 EUR/animal
- ducks and geese: 0,01 EUR/animal
- turkeys: 0,03 EUR/animal
- farmed rabbit meat: 0,01 EUR/animal
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Section B) (ii)
Meat of domestic ungulates
Meat from poultry and lagomorphs
Meat from wild and farmed game
Cutting plant - CP
Per tonne of meat:
Beef,pork,equine,sheep and goat :EUR 2.46
Poultry and lagomorphs :EUR 1,85
Wild and farmed game:
 Small bird and ground game:EUR 1,85
 Ratites:EUR 3.69
 Boars and ruminants :EUR 2.46
Section B)(iii)
Wild game meat
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Game Processing houses- GHE)
small game birds: 0,01 EUR/animal
(b) small ground game : 0,01 EUR/animal
(c) ratites : 0,62 EUR/animal
(d) land mammals :
• boars : 1,85 EUR/animal
• ruminants : 0,62 EUR/animal
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Section B) (iv)
Fishery products
- Wholesale market
- WM -Auction hall-AH
(a) first placing on the market of fishery and aquaculture products:
• 1.23 EUR/tonne for the first 50 tonnes in the month;
• 0.62 EUR/tonne thereafter.
(b) first sale in fish market
• 0,62 EUR/tonne for the first 50 tonnes in the month;
• 0,31 EUR/tonne thereafter.
(c) first sale in case of lack of or insufficient gradation for freshness and/or
size in accordance with Regulation (EEC) No 103/76 and No 104/76:
• 1.23 EUR/tonne for the first 50 tonnes in the month;
• 0,62 EUR/tonne thereafter.
Section B) (v)
Raw milk and dairy products
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Collection centre –CC
Standardization centre-PP
Heat –treatment centre –PP
• EUR 1.23 per 30 tonnes/month and
• EUR 0.62 per tonne, /month thereafter
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Note*
- fees (reg. 882/2004 status quo) uptaded according to inflantion rate for the period 2004-2013 – Eurostat
- the annex must be examined by the Joint Working Party of Veterinary Experts and can be integrated if Member States wish to introduce
other activities
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