
Article 1 

1. This Decision lays down certain rules relating to the on-the-spot checks carried out in the veterinary field in Member States by Commission experts.For the purposes of this Decision, ‘on-the-spot checks in the veterinary field’ (hereinafter referred to as ‘checks’) means auditing actions necessary to ensure that the provisions of Community legislation are complied with in a uniform manner.
2. The provisions of this Decision shall apply without prejudice to the provisions of any agreements on sanitary measures applicable to trade in live animals and animal products reached between the European Community and third countries.
Article 2 
The checks shall be performed in each Member State. The Commission shall establish a general programme of checks for the legislation concerned and submit it for an exchange of views in the Standing Veterinary Committee.
The general programme shall include information on all actions to be undertaken by the Commission in the context of the checks.
Article 3 

1. The programmes of checks shall be organised and carried out in collaboration with the Member State concerned which shall appoint one or several experts for that purpose.
2. The Commission may defer or bring forward certain checks or carry out additional checks when it regards that as necessary in particular for health reasons, animal welfare reasons or on the basis of the results of previous checks, after discussion with the Member State concerned.
3. In every case, the Commission shall give notice to the Member State concerned of at least ten working days before the beginning of the programme of checks.
Article 4 

1. In addition to experts from the Member State inspected, the Commission's experts may be accompanied during the checks by one or more experts, listed in accordance with paragraph 2, from one or more other Member States.When checks are organised, the participation of an expert from another Member State may be refused by the Member State where those checks are to be carried out. This opportunity may only be used once.
2. Each Member State shall propose to the Commission at least two experts with specific expertise in designated areas of competence, and shall communicate to it their names, their fields of expertise, their exact official addresses, fax and telephone numbers.The Commission shall maintain a list of those experts and shall consult the competent authority of the Member State of the expert before issuing an invitation to the expert to accompany the Commission's experts during the checks referred to in paragraph 1.Where a Member State considers that one of the experts proposed by it should no longer be included in the list, it shall so inform the Commission. If the number of experts would thereby fall below the minimum required, the Member State shall propose one or more replacements to the Commission.
Article 5 

1. During the checks, the Member State expert or experts appointed by the Commission shall comply with the Commission's administrative rules.
2. Information acquired or conclusions reached by the Member State expert or experts during the course of checks may on no account be used for personal purposes or divulged to persons who are not part of the competent departments of the Commission or the Member States.
3. The travel and subsistence costs incurred by the Member State expert or experts appointed by the Commission shall be reimbursed in accordance with its rules governing travel and subsistence costs incurred by persons who are not officials of the Commission and who are called on to perform the tasks of an expert.
Article 6 

1. A Member State in whose territory checks are carried out in accordance with this Decision shall provide the experts of the Commission and the experts appointed by the Commission with the assistance they require in order to perform their tasks. In particular, access on the same basis as officials of the competent authority shall be given to all concerned persons, information and documentation as well as access to places, establishments, installations and means of transport in order for the checks to be carried out.
2. During the checks, the experts shall comply with the administrative rules which officials of the competent authorities of the Member State referred to in paragraph 1 must follow, without prejudice to the provisions of Article 5(1).
Article 7 

1. Once the checks are concluded, the Commission's experts shall inform the Member State concerned orally of their conclusions and, where necessary, of the corrective measures they deem necessary and their degree of urgency.The Commission shall confirm the results of the checks within 20 working days in a written report, subject to the receipt of any additional information requested during the checks but not available at that time.The Member State shall give its comments within 25 working days of the receipt of the written report from the Commission.However, in the event of an emergency, or where a significant risk to health or animal welfare has been identified during the on-the-spot check, the Member State shall be informed of the findings of the mission in a written report as quickly as possible and in any case within ten working days of the end of the mission. The Member State shall also give its comments as quickly as possible and in any case within ten working days of the receipt of the written report from the Commission.In providing information on the findings of missions, the Commission shall in particular comply with the requirements laid down in Article 214 of the Treaty.These provisions are without prejudice to the powers of the Commission to take interim protection measures under the provisions of Community legislation in the veterinary field.
2. The Member State shall take the corrective measures to take account of the results of the checks carried out.
3. If, during checks, the Commission experts discover significant instances of non-compliance with Community legislation in a Member State or in one or more regions of that Member State, the latter must, at the request of the Commission, thoroughly investigate the general situation in the area concerned. If appropriate, the Member State, after consultation with the Commission, may restrict the investigation to the region(s) concerned by the programme of checks; it shall notify the Commission within the time set by the latter of the results of the checks and of the measures taken to remedy the situation.
4. If, after the checks, appropriate corrective measures are not taken by the Member State concerned within the prescribed period, in particular where the checks have revealed a serious public-health or animal-health or animal-welfare risk, the Commission shall, in accordance with the procedure laid down in Article 17 of Council Directive 89/662/EEC, take all the measures which it deems necessary.
Article 8 

1. The Commission shall regularly notify by written reports all Member States, in the Standing Veterinary Committee, of the findings of, and recommendations for action following from, the on-the-spot checks carried out in each Member State.The Commission shall inform the European Parliament of those findings and recommendations.The Commission shall also make those findings and recommendations publicly available on a regular basis.
2. In undertaking the actions provided for in this Article, the Commission and the Member States shall in particular comply with the requirements laid down in Article 214 of the Treaty.
Article 9 
The provisions of this Decision shall be re-examined before 31 December 1998 on the basis of a report by the Commission to the Member States.
Article 10 
Decision 96/345/EC is hereby repealed.
Article 11 
This Decision is addressed to the Member States.
Done at Brussels, 4 February 1998.
For the Commission
Emma BONINO
Member of the Commission