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Commission Regulation proposal on official controls

Commission Regulation proposal on official controls. Alexander ROGGE DG SANCO E5 UEAPME Food Forum 2 July 2013. Timeline – upcoming discussions. Adopted on 6.05 together with proposals on: Plant Health Plant Reproductive Material Animal Health EU financing (adopted on 7.06)

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Commission Regulation proposal on official controls

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  1. Commission Regulation proposal on official controls Alexander ROGGE DG SANCO E5 UEAPME Food Forum 2 July 2013

  2. Timeline – upcoming discussions • Adopted on 6.05 together with proposals on: • Plant Health • Plant Reproductive Material • Animal Health • EU financing (adopted on 7.06) • European Parliament: • Rapporteur ENVI Mr. Pirillo (S&D, IT) • Opinion AGRI Mrs Reimers (ALDE, DE) • Council: Joint Working Party of Veterinary Experts (Public Health) and Phytosanitary Experts • 14.06 (IE Presidency) • 10.07, 11 and 12.09, 14.10, 5.11 (LT Presidency)

  3. Objectives of the review of Regulation 882/2004 • Simplify and clarify the legal framework applicable to control activities • Consolidate the integrated approach across the food chain in its widest meaning (food and feed, plant health, plant reproductive materials, animal health, animal welfare) • Ensure that MS appropriately resource control authorities through fees charged on operators

  4. Main changes • Broadened scope (extended to plant health, plant reproductive material, ABP and "other official activities") • Empowerments to lay down sector-specific rules for official controls (OCs) • Common rules for all controls carried out on animals and goods entering the Union • Cost based mandatory fees for most OCs • Enforced and clarified administrative assistance and cooperation • New integrated information management system

  5. Clarified rules on frequency of official controls • Official controlscarried out: • Regularly on a riskbasis withappropriatefrequency • Takingintoaccount: • Identifiedrisks • Operators' pastresults of official controls • Reliability/results of owncontrols (performed by the operators or a third party attheirrequest)

  6. Anti-fraud controls • Regular unanounced official controlsdirectedatidentifying possible intentional violations (fraud) • All official controlswithoutprior warning (exceptions: whereprior notification necessary-where control requested by operator)

  7. Improved transparency CAs • Obliged to: • Make available information on organisation/ performance of OCs • Publish timely and regularly type/number/outcome of OCs, type/number of non-compliances, cases wheremeasurestaken/penaltiesimposed • Allowed to publishoutcome of OCs on individualoperators • Entitled to publishrating of individualoperators • Obliged to give a copy of the report both in case of non-compliance and compliance

  8. Clarified/new obligations during controls • Operators: give access to: • Premises • Computerised information management systems • Animals and goods • Documents, any other relevant information and assist the staff of the CAs and cooperate • Competent authorities: perform official controls in a manner minimising burden on operators

  9. Clarified right of operators to a supplementary expert opinion • Applicable in case of official controls • Alwaysdocumentaryreviewby another expert • Where relevant and technicallyfeasible: • A sufficientnumber of samplestakenfor a supplementary expert opinion, or if not possible • Anotherdiagnosis, analysis or test of the sample

  10. Modernised integrated controls at borders(1) • BIPs, DPEs, points of entry become Border control Posts (BCPs) • Common Health Entry Document (CHED) • Used for all animals and goods subject to controls at BCPs: • By operators for mandatory prior notification of arrival • By CAs to record controls and decisions • By customs • Duly completed CHED for customs procedures • Full electronic use

  11. Modernised integrated controls at borders (2) • Common set of rules for animals and goods subject to controls at BCPs • Documentary and identity checks (all consignments) • Risk based physical checks • Checks at the BCP where the good is first presented (empowerment for establishment of exemptions)

  12. Better financing of official controls (1) • Cost-based (full cost recovery) mandatory fees for most official controls • Possibility for MS to: • Establish fees at a flat-rate, or • Calculate them on basis of actual costs of each individual control and apply them to the operator(s) subject to this control • Bonus malus principles to lower fee level for compliant businesses (in case of flat-rate fee)

  13. Better financing of official controls (2) • Exemption of micro-businesses (no cross-subsidiation) • Consultation of operatorsconcerned on calculationmethods of fees • Full transparency on: - how fees are calculated and used - how thrifty and efficient use of feesisensured

  14. Thank you for your attention!

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