52002XC0328(05)

Overall summary report on the results of inspections carried out at Community level by the Member States pursuant to Article 22 of Council Directive 95/53/EC(1)

(2002/C 77/07)

1. LEGAL BASIS

Article 22 of Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition(2), stipulates that the Member States shall draw up annual programmes setting out the national measures to be taken to achieve the aim of the Directive. These programmes must take into account the specific situation of each Member State and specify the type and frequency of the inspections, which must be performed regularly.

Before 1 April of each year, the Member States shall transmit to the Commission all relevant information concerning the implementation of the abovementioned programmes during the previous year, specifying:

- the criteria used in drawing up the programmes,

- the number and type of inspections carried out,

- the results of the inspections, in particular the number and type of infringements found,

- action taken where infringements have been found.

Before 1 October each year, the Commission shall submit an overall summary report on the results of inspections carried out at Community level, together with a proposal for a recommendation concerning a coordinated inspection programme for the following year.

2. RATIONALE

The purpose of Article 22 of Directive 95/53/EC is to provide each year an overall picture of compliance with Community legislation on animal nutrition in the Member States.

This should enable the proper functioning of the internal market by providing elements to assess the uniform application of Community legislation. Furthermore the information provided helps to identify special situations or critical fields of common interest which may require a coordinated approach at Community level.

The corner-stone of the internal market is the principle that compliance is ensured at the place of origin and therefore systematic controls at place of destination are not needed. Controls at destination are indeed more difficult to perform and more expensive. The exchange of information on the control activities carried out is therefore a keystone for the construction of the European Union.

In this context, the Commission hereby summarises the control activities carried out by the Member States in 2000 according to the information provided so far.

3. SUMMARY OF CONTROL ACTIVITIES CARRIED OUT BY THE MEMBER STATES IN 2000

All Member States provided information in writing on inspection programmes carried out in 2000 to ensure compliance with Community legislation in animal nutrition.

However a number of them presented the information after the deadline of April 2001 and a few of them presented only preliminary information. The situation has very much improved in comparison to the 1999 exercise, which was the first year of implementation of Article 22(2) of the Directive, but it is not yet satisfactory.

1. Most Member States illustrated clearly the criteria used in drawing up the inspection programmes.

Most Member States included in their reports some information on the control system and planned their activities on the basis of figures concerning production, trade and consumption as well as the results of previous years' controls.

In some Member States the exercise of planning a detailed nationwide annual control programme cannot be effectively outlined due to regional differences.

In general it is possible to conclude that, when available, a chapter providing basic statistics helps in understanding of the action planned.

2. Concerning the number and type of inspections carried out, information was provided. Most of the Member States operate a dual system of controls:

- routine operational controls or audits aimed in particular at establishments where processing procedures are examined at intervals chosen by the authorities in accordance with criteria not always outlined but often including the volume of production,

- special controls targeted at specific issues identified at national or Community level as deserving particular attention such as Salmonella sp. contamination, the use of feed additives or heavy metals.

Both controls usually involve sampling and testing.

3. Concerning the result of the inspections, the number and type of infringements found are provided; however, their interpretation is sometimes cumbersome because it is difficult to report on the relative importance of an infringement.

4. Most Member States set out what action was taken where infringements were found. However, details other than number of administrative or criminal sanctions, for instance concerning the enforcement of corrective measures at field level, are seldom provided.

4. CONCLUSIONS

The format of the reports provided is not homogeneous and from the activities carried out it is not possible to drawn clear conclusions on areas requiring a coordinated action at Community level. It is therefore necessary to develop an appropriate reporting format for adoption under the procedure laid down in Article 23 of Directive 95/53/EC.

In the meantime during discussions in the Standing Committee, it emerged that it is worthwhile recommending targeted inspections for 2002 at Community level on the following issues:

- dioxins in trace elements and mineral feedingstuffs,

- heavy metals in trace elements and mineral feedingstuffs,

- mycotoxins in feedingstuffs,

- restrictions on the use of processed animal proteins to protect against transmissible spongiform encephalopathies.

(1) See Commission Recommendation 2002/214/EC (OJ L 70, 13.3.2002, p. 20).

(2) OJ L 265, 8.11.1995, p. 17.