Regulation (EU) 2016/1012 of the European Parliament and of the CouncilShow full title

Article 66 Amendments to Directive 89/608/EEC

Directive 89/608/EEC is amended as follows:

(1)

the title is replaced by the following:

‘Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary matters’;

(2)

Article 1 is replaced by the following:

‘Article 1

The Directive lays down the ways in which the competent authorities responsible in the Member States for monitoring legislation on veterinary matters shall cooperate with those in the other Member States and with the relevant Commission departments in order to ensure compliance with such legislation.’;

(3)

in Article 2(1), the second indent is deleted;

(4)

in Article 4(1), the first indent is replaced by the following:

• ‘communicate to the applicant authority all information, attestations, documents or certified copies thereof in its possession or which it can obtain as prescribed in paragraph 2 and which are such as to enable it to check that the provisions laid down in legislation on veterinary matters have been complied with,’;

(5)

Article 5(1) is replaced by the following:

‘1. At the request of the applicant authority, the requested authority shall, while observing the rules in force in the Member State in which it is situated, notify the applicant authority or have it notified of all instruments or decisions which emanate from the competent authorities and concern the application of legislation on veterinary matters.’;

(6)

Article 7 is replaced by the following:

‘Article 7

At the request of the applicant authority, the requested authority shall supply to it any relevant information in its possession or which it obtains in accordance with Article 4(2), in particular in the form of reports and other documents or certified copies of or extracts from such reports or documents, concerning operations actually detected which appear to the applicant authority to be contrary to legislation on veterinary matters.’;

(7)

Article 8(2) is replaced by the following:

‘2. Where they consider it useful in connection with compliance with the legislation on veterinary matters, the competent authorities of each Member State shall:

(a) as far as possible keep the watch referred to in Article 6 or arrange for such watch to be kept;

(b) communicate to the competent authorities of the other Member States concerned as soon as possible all available information, in particular in the form of reports and other documents or copies of or extracts from such reports or documents, concerning operations which are or appear to them to be contrary to legislation on veterinary matters, and particularly the means or methods used to carry out such operations.’;

(8)

Article 9 is replaced by the following:

‘Article 9

1. The competent authorities of each Member State shall communicate to the Commission as soon as it is available to them:

(a) any information they consider useful concerning:

• goods which have been or are suspected of having been the subject of transactions contrary to legislation on veterinary matters,

• the methods or processes used or suspected of having been used to contravene such legislation;

(b) any information on deficiencies of, or lacunae in, the said legislation which application thereof has revealed or suggested.

2. The Commission shall communicate to the competent authorities of each Member State, as soon as it is available to it, any information which is such as to enable compliance with legislation on veterinary matters to be enforced.’;

(9)

Article 10 is amended as follows:

(a)

in paragraph 1, the introductory phrase is replaced by the following:

‘1. Where the competent authorities of a Member State become aware of operations which are, or appear to be, contrary to the rules on veterinary matters and which are of particular interest at Union level, and in particular:’;

(b)

paragraph 3 is replaced by the following:

‘3. Information relating to natural or legal persons shall be communicated as provided for in paragraph 1 only to the extent strictly necessary to enable operations which are contrary to legislation on veterinary matters to be noted.’;

(10)

in Article 11, the introductory phrase is replaced by the following:

‘The Commission and the Member States meeting within the Standing Veterinary Committee shall:’;

(11)

in Article 15(2), the first subparagraph is replaced by the following:

‘2. Paragraph 1 shall not impede the use of information obtained pursuant to this Directive in any legal actions or proceedings subsequently instituted for failure to comply with legislation on veterinary matters on or in the prevention and discovery of irregularities detrimental to Union funds.’.