Health and Consumers Health and Consumers Regulation proposal on Official Controls State of play COM (2013) 265 final

Health and Consumers Health and Consumers Ongoing ordinary legislative procedure European Commission: proposal adopted on European Parliament: First reading plenary vote on 14/ 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 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 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 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 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 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 Health and Consumers Improved cooperation on cross- border 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 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 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 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 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 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 non- compliances, 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 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