Regulation proposal on Official Controls

1. Regulation proposal on Official Controls State of play COM (2013) 265 final

2. Ongoing ordinary legislative procedure EuropeanCommission: proposaladopted on 06.05.2013 EuropeanParliament: • First readingplenary vote on 14/15.04.2014 • New rapporteur COM ENVI: MEP Karin Kadenbach(S&D – AT) Council: Joint Working Party of Veterinary Experts (Public Health) and Phytosanitary Experts • 1 meeting dayunder the IE Presidency, 7 meeting daysunder the LT Presidency, 12 meeting daysunder the EL Presidency,12 meeting daysunder the IT Presidency, 4 meeting daysunder the LV Presidency. • Technicalexaminationconcluded - discussions on Presidency'sdraftpreliminary compromise textongoing

3. 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 mandatoryofficial 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

4. European Parliament first reading – main changes • Several modifications of specific OC rules for food of animal origin (meat inspection): • Permanent presence of official veterinarianduringante- + post-mortem inspection • Limitation of possibility of involvingslaughterhouse staff duringOCs • 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)

5. Review of 882: General objectives • Simplify and clarify the legal framework applicable to official control activities • Consolidatethe integrated approach across the agri-food chain in its widest meaning (food and feed, plant health, plant reproductive material, animal health, animal welfare) • EnsureMS appropriately resource control authorities through fees charged on operators

6. 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

7. 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)

8. 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)

9. Tougher penalties • Sufficiently dissuasive financial penalties in case of intentional violations:  Higher than the economic gain expected from the violation • Deterrenteffect of penalties

10. 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

11. 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 malusto 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 compliantoperatorsthroughlowerfees

12. Better financing of official controls • Full transparency on: • How fees are calculated and used • How thrifty and efficient use of feesisensured • Consultation of operators on methods of calculation of fees • Transparency as a driver to accountability of competent authorities and improved efficiency of official controls

13. Improved transparency on official controls (OCs) and their results MS shall: • Makeavailableinformation on organisation/ performance of OCs • Publish timely and regularly: type/number/ outcomeof OCs, type/numberof non-compliances, cases wheremeasurestaken /penaltiesimposed • Transparency allowing citizens and operators to gain better access to and understanding of the enforcement efforts

14. Improved transparency on official controls (OCs) and their results • MS allowed to publishoutcomeof OCs ofindividualoperators(conditions apply) • MS entitled to publishrating of individualoperators (scoringschemes – conditions apply) • Transparency allowing citizens and operators to gain better access to and understanding of the enforcement efforts