Council of the European Union Brussels, 16 July 2014 (OR. en) 10131/3/14 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. 10131/3/14 REV 3 AG/an DG B 1 LIMITE 1 EN 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 […]. 10131/3/14 REV 3 AG/an DG B 1 LIMITE 2 EN 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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 LIMITE 3 EN (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: 10131/3/14 REV 3 ANNEX AG/an DG B 1 LIMITE 4 EN (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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 LIMITE 5 EN (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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 LIMITE 6 EN 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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 LIMITE 7 EN 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 10131/3/14 REV 3 ANNEX AG/an DG B 1 LIMITE 8 EN 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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 LIMITE 9 EN 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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 10 LIMITE EN (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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 11 LIMITE EN (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. 10131/3/14 REV 3 ANNEX AG/an DG B 1 12 LIMITE EN (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 10131/3/14 REV 3 ANNEX AG/an DG B 1 13 LIMITE EN Annex X) section B)* Approved establishments Harmonized amounts Section B) (i) Meat of domestic ungulates Meat from poultry and lagomorphs 10131/3/14 REV 3 ANNEX 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 AG/an DG B 1 14 LIMITE EN 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 10131/3/14 REV 3 ANNEX 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 AG/an DG B 1 15 LIMITE EN 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 10131/3/14 REV 3 ANNEX 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 AG/an DG B 1 16 LIMITE EN 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 10131/3/14 REV 3 ANNEX AG/an DG B 1 17 LIMITE EN