Austria

To ensure that official controls consistently check prescriptions of medicated feeds to de- termine their compliance with the relevant legal requirements.

Legal basis: Annex V to Regulation (EU) 2019/4.

Ensure that the competent authorities verify whether the authorised operators comply with all requirements listed by Article 92(1) of Regulation (EU) 2016/2031, in particular: 1. verify whether examinations are carried out by authorised operators and their results are recorded and kept for at least three years as required by Article 87(2) and (3)(d) of Regulation (EU) 2016/2031, 2. verify whether authorised operators possess the necessary knowledge to carry out the examinations concerning the Union quarantine pests or pests subject to measures adopted pursuant to Article 30(1), protected zone quarantine pests and Union regulated non-quarantine pests that could affect the plants, plant products and other objects concerned, and concerning the signs of the presence of those pests, the symptoms caused by them, and the means to prevent the presence and spread of those pests as required by Article 89(1) of Regulation (EU) 2016/2031, 3. verify whether authorised operators identify and monitor the points of their production process and the points concerning the movement of plants, plant products and other objects, which are critical as regards compliance with the EU requirements; and whether they keep for at least three years records concerning the identification and monitoring of those points as required by Article 90(1) of Regulation (EU) 2016/2031, 4. verify whether authorised operators provided appropriate training, when 3. 4. necessary, to their personnel involved in the examinations as required by 5. Article 90(2) of Regulation (EU) 2016/2031. Ensure that, where a plant, plant product or other object, introduced into the Union territory from a third country which, for movement within the Union territory, requires a plant passport and its final destination is another Member State, plant passports are issued if the checks carried out are completed satisfactorily and led to the conclusion that the goods fulfil the substantive requirements for issuance of a plant passport, as required by Article 94(1) of Regulation (EU) 2016/2031. Ensure that plant passports issued contain the elements as required by Article 83(2) and (4) of Regulation (EU) 2016/2031. Ensure that control verification procedures are in place as required by Article 12(2) of Regulation (EU) 2017/625. Ensure that all required elements of a technical guidance on the criteria to be fulfilled in the examinations relating to the issuance of plant passports are accessible by professional operators through the official website of each CA as required by Article 2 of Delegated Regulation (EU) 2019/827.

To ensure that official controls on ABP plants, establishments and operators are carried out without prior notification, except when duly justified.

Legal basis: Article 9(4) of Regulation (EU) 2017/625.

To ensure that specified risk material is stained with a dye or otherwise marked upon removal.

Legal basis: Point 3 of Annex V to Regulation (EC) No 999/2001

To ensure that adequate official controls are carried out at food business operators where ABP are generated, in particular in the milk, eggs, fish and retail sectors.

Legal basis: Article 4(3) of Regulation No 1069/2009

To ensure that official controls verify that milk processing plants dispose of their ABP in line with EU legislation and that, when applicable, milk-derived products are used as feed only on farms that are authorised taking into account the risks linked to epizootic diseases, in particular foot-and-mouth disease.

Legal basis: Article 14 of Regulation (EC) No 1069/2009, point 3(b)(i) of Part II of section 4 of Chapter II of Annex X to Regulation (EU) No 142/2011

To ensure that official controls verify the implementation of HACCP-based procedures in approved ABP plants where such procedures are required. Legal basis: Article 29 of Regulation (EC) No 1069/2009 7. To ensure that official controls verify the correct implementation of own checks by ABP operators. Legal basis: Section 3 of Chapter III of Annex V, Chapter I and Section 3 of Chapter II of Annex X, points 5 and 6 of Chapter II of Annex XIII to Regulation (EU) No 142/2011 To ensure that official controls verify the correct implementation of processing methods at processing plants, including the required validation checks.

Legal basis: Article 29 of Regulation (EC) No 1069/2009

To ensure that the national legislation concerning the direct supply by the producer of small quantities of milk and milk products produced on a holding is in line with Articles 1(4) and 1(5)(b) of Regulation (EC) 853/2004 to achieve the objectives of the Regulation with regard to the local placing on the market of small quantities of milk and dairy products directly by the food business operator producing them. (d.)

To ensure that effective coordination and cooperation is in place between the veterinary and food safety units at Land level as laid down in Article 5.5 of Regulation (EU) 2017/625 to ensure the food safety unit is informed of findings on dairy holdings that are relevant for food safety.

To ensure that the approval procedure of dairy establishments is in line with the provisions of Article 148 (4) of Regulation (EU) 2017/625 regarding conditional approval (that can be granted for 3 months and prolonged once for an additional 3 months only after a second official control), and that approvals are kept under review.

To ensure that controls of dairy holdings as laid down in Article 49 of Regulation (EU) 2019/627 cover all relevant species, that the inspections are carried out as planned and that mechanisms are in place to provide the central competent authority an overview of the situatio

To ensure that food business operators establish effective procedures, in 6. accordance with HACCP principles, to test raw milk before processing in order to maximise the possibility to detect the presence of antibiotic 7. residues and to ensure that raw milk containing residues of antibiotic substances is not used for the production of milk products for human consumptio To ensure that official controls, and where necessary enforcement of food business operators' compliance regarding procedures based on HACCP principles, as laid down in Regulations (EC) Nos 852/2004 and 853/2004 and 2073/2005, are effective as required by Article 18.1 of Regulation (EU) 2017/625 and cover all relevant requireme To ensure that official controls, and where necessary enforcement of food business operators' compliance with labelling and traceability rules for dairy products, as laid down in Regulations (EC) Nos 852/2004, 853/2004 and Regulation (EU) No 1169/2011, are effective as required by Article 18.1 of Regulation (EU) 2017/625.

To inform the Commission accurately about the role of the competent 2. authorities as required by Article 4(4)(a) of Regulation (EU) 2017/625 and report the results of the control activities carried out in PDO/PGI wines in the annual reports of the Multi-Annual National Control Plan as required by Article 113(1) of the same Regulation. The recommendation is based upon conclusion No 16 To ensure that wines bearing a PGI designation, are also covered by systematic verification that they meet the conditions set out in the product specification, as required by Article 19 (1) and (4) of Regulation (EU) 2019/34. The recommendation is based upon conclusion Nos 44 and 55 To ensure that official controls of PDO/PGI wines are carried out at any stage 4. of the production process and where relevant at the packaging stage of each PDO/PGI wine, as required by article 19(2) and (3) of Regulation (EU) 2019/34. 5. The recommendation is based upon conclusion No 44 To ensure that controls of PDO/PGI wines are carried out based on control plans designed beforehand and of which operators are aware. The control plans should include specific checklists covering every stage of production for each PDO/PGI wine as required by article 19(3)(b) of Regulation (EU) 2019/34. The recommendation is based upon conclusion No 58 To ensure that controls to stop or prevent the unlawful use of PDO/PGI wine names in the market are based on risk analysis, taking into consideration the volumes of the wines produced and their corresponding presence in the market as required by Article 19(1) of Regulation (EU) 2019/34. The recommendation is based upon conclusion No 55

To ensure that the national legislation regarding a derogation on the timing of post-mortem inspection in low-capacity slaughterhouses is aligned with the requirements in Article 13 of Regulation (EU) 2019/627 allowing only the official veterinarians to carry out post-mortem inspection. b

To ensure that official inspections consistently verify that feed business operators meet the requirements for hazard identification in their respective hazard analysis and critical control points (HACCP) plans.

Legal basis: Articles 6 and 7 of Regulation (EC) No 183/2005

To ensure that official sampling protocols contain records on the size of the sampled portion.

Legal basis: part 10 of Annex I to Regulation (EC) No 152/2009.

To ensure that, in accordance with the requirements of Articles 5, and 12(1),(2) of Regulation (EU) 2017/625, they have: · procedures and/or arrangements to ensure the effectiveness and appropriateness of official controls and other official activities; and · control verification procedures. Recommendation based on main conclusion No 6,

To ensure that in accordance with the requirement of Article 13(1) of the OCR the official inspectors draw up written records of every official control that they perform. Recommendation based on main conclusion No 7,

The competent authority shall ensure that a system is in place to guarantee that food business operators are aware of and comply with the requirements of Article 6 of Regulation (EC) No 852/2004, in particular with regard to notifying the competent authority of any significant change of activities after the approval has been give

The competent authority should verify and effectively enforce that approved establishments comply with relevant requirements of Article 4 (3) (c) and (d) and point 2 (d), Chapter I of Annex II to Regulation (EC) No 852/2004 and Section VIII, Chapter III, Part B of

Ensure that analytical methods for residues of veterinary medicinal products are (a) validated in accordance with the requirements of Article 3(c) of Decision 2002/657/EC and in particular, taking into account the requirements stipulated in section 3.1.2.3 of chapter 3.1. of the Annex to that Decision and (b) monitored with regard to the performance in time as required by Article 5 of Decision 2002/657/EC.

To properly transpose paragraph 2 Point 8 of Chapter I Annex I of Council Directive 2. 2008/120/EC into national legislation so that: 3. 4. recording evidence of tail biting is linked to the conditions required to justify tail docking; 5. before tail docking is carried out, other measures such as improvements to environmental conditions or management systems are taken to prevent tail- biting and other vices, taking into account environment and stocking densities. Conclusion 28. Finding 2. To effectively enforce the requirements on avoidance of routine tail docking, as laid down in the second paragraph of point 8 of Chapter I of Annex I of Council Directive 2008/120/EC. Conclusion 27 and 44. Findings 9, 10 and 41. To ensure that compliance criteria for the six risk factors for tail biting are sufficiently clear so that farmers have a proper indication of what is required and inspectors can more effectively enforce the legal requirements of Council Directive 2008/120/EC and Council Directive 98/58/EC that are related to risk factors for tail biting. Conclusions 26 and 43. Findings 11, 14, 35 and audit findings in Annex II. To develop measurable criteria with regard to tail biting risk assessment and provide inspectors with instructions and guidance which enable them to enforce the provision on the prevention of tail biting and avoidance of routine tail docking, as laid down in the second paragraph of point 8 of Chapter I of Annex I of Council Directive 2008/120/EC, including what constitutes sufficient measures by farmers to change inadequate environmental conditions or management systems before resorting to tail docking of pigs. Conclusion 28. Findings 12 and 17. To assess the incidence of tail biting and the effectiveness of improvement measures taken on-farm as required in point 8 of Chapter I, of Annex I to Council Directive 2008/120/EC. Conclusion 28. Finding 9, 10 and 13. 11

To ensure that feed business operators ' establishments are appropriately approved and that the approval status is under regular review of approval status as required by Article 31(2(e)) of Regulation (EC) No 882/2004 and Article 13(1) of Regulation (EC) No 183/2005.

To ensure that official controls, which are planned following a risk-based system, are implemented in accordance with the system, as required by Article 3 of Regulation (EC) No 882/2004. 12

To ensure that official controls check that feed business operators meet the requirements, related to retained samples, laid down by the section "QUALITY CONTROL"(4) of Regulation (EC) No 183/2005.

To ensure that final samples are prepared in accordance with the requirements laid down by part 9.4 of Regulation (EC) No 152/2009.

To ensure that when the competent authority identifies non-compliance, it takes action to ensure that the operator remedies the situation as required by Article 54(1) of Regulation (EC) No 882/2004.

To ensure that documentary checks for consignments of products of animal origin provided for in Article 4(3) of Directive 97/78/EC are carried out in line with Annex I to Regulation (EC) No 136/2004 and for consignments of live animals in accordance with the rules laid down in Annex I to Decision 97/794/EC in order that only eligible consignments are imported into the EU.

To ensure that the facilities in BIP/DPE Linz for products comply with the relevant requirements laid down in Article 4.1 of and the Annex to Decision 2001/812/EC (products of animal origin) and Article 4 of Regulation (EC) No 669/2009 (products of non-animal origi

Ensure that the designated competent authorities implement and enforce controls at all stages of primary production, in line with Article 4 of Regulation (EC) No 882/2004 and with a view to covering microbiological risks along the entire production chai

Ensure that staff performing official controls is trained enabling them to undertake their duties competently and to carry out official controls in a consistent manner, in line with Article 6 and Annex II of Regulation (EC) No 882/2004. In particular the training should comprise: microbiological risks at primary production; legal requirements for imported seeds and their traceability; FBOs' sampling schemes for analyses at sprouting establishments and possible exemptions; sampling for microbiological analyses.

Ensure that the planning and implementation of controls of primary production cover microbiological risks during the entire primary production chain and is risk-based in line with Article 3 of Regulation (EC) No 882/2004. s

Ensure that the documented procedures available to CAs responsible for official controls on primary production of FNAO contain the information and 5. instructions necessary for the controls to be performed effectively,, in line with Article 8 of Regulation (EC) No 882/2004. Ensure that controls, sampling and analysis of raw material and sprouts during production are performed in line with Regulations (EU) Nos 208/2013, 210/2013 and Annex 1, point 3.3 of Regulation (EC) No 2073/2005; and, where applicable, ensure that exceptions to the sampling requirements for sprouts are only granted in line with Regulation (EC) No 2073/2005.

Ensure that sampling methodology applied for plant health checks is based on the risk of the presence of harmful organisms, such as to conclude from these checks that the lot is not contaminated by harmful organisms, in line with Article 13(1) of Directive 2000/29/EC.

The CCA's strategy on animal welfare in dairy farms is a part of the general umbrella of the Animal Welfare Plan 2014-2018. This plan includes extending the work of the Animal health Service (Österreichischer Tiergesundheitsdienst ­ TGD) to identify practical animal-based indicators for measuring animal welfare.

The TGD is composed of representatives of the Chambers of Veterinary Surgeons, of Agriculture, of Commerce, and of Labour, and representatives from the Federal Ministry for Agriculture, Forestry, Environment and Water Management. Its main objective of the TGD is to minimise the use of medicinal products and improve animal health. A TGD representative indicated that concerning dairy farming: · 60% of Austrian dairy farms are members of the TGD. Farms that are members must have a contract with a private veterinarian who has to carry out an annual farm evaluation on medicinal use, animal health and welfare; · membership to the TGD is a requirement to become a member of the Austrian Agriculture Organisation's (AgraMarkt Austria) quality assurance scheme 'QS Cow' (QS Kuh). The majority of dairy farmers that are members of the TGD are members of this scheme; · members of the TGD have access to free milk testing (including for somatic cell count); · information collected from the dairy farms is stored in the TGD database and made available to the competent authority; · the TDG organises courses and events together with the Chamber of Agriculture (see also Paragraph 4); · the farmers met by the audit team highly valued the activities carried out by the TGD.

AgraMarkt Austria's quality assurance scheme 'QS Cow' is 50% EU-funded and 50% funded by the Federal State and the provinces. This assurance scheme includes: 5 · one control on each farm at least every four years. If the check detects an animal welfare problem the frequency is increased to an annual basis; · collection of milk samples from members nine to ten times a year. The scheme sends the results of these samples back to the farmers. They include a comparison of each of their animals' performance against the national average. These results are also communicated to, and stored by, the TGD; · an early warning system against mastitis. Farmers are notified when the somatic cell count of a milk sample exceeds 100,000 or is more than twice the count of the previous sample. This enables the farmer to assess the cow and carry out further tests, if necessary, to investigate for the presence of mastitis.

All farmers have to be members of the Chamber of Agriculture. Funding for the Chamber of Agriculture originates mainly from membership fees according to farm size. Provincial administrations contribute to the Chamber's funding. The roles of the Chamber of Agriculture include: · providing information to farmers, including on animal welfare issues. The Chamber of Agriculture publishes and distributes agricultural journals to its members (one national and another different for each province). It also organises courses and seminars. Some of these events are organised with the TGD, e.g. on topics such as fertility, udder health, and interpretation of milk testing reports; · an advisory service covering udder health, milk quality, inspection of milking equipment (if high cell counts have been detected), construction of new stalls or modernisation of stalls (in close collaboration with the TGD) and organic production. Some of the advisory activities incur an additional cost.

The umbrella organisation for cattle breeding in Austria is the Association of Austrian Cattle Breeders (Zentrale Arbeitsgemeinschaft österreichischer Rinderzüchter) which encompasses the Chamber of Agriculture, breeding organisations and artificial insemination centres. A subsidiary of this organisation manages the breed indexes for the main dairy breeds kept in Austria. The estimation of the breeding value is carried out in conjunction with German breeding organisations. The breed indexes include values for: somatic cell count, calving, fertility and longevity.

The main focus of dairy farm research carried out in Austria is on the production of food from healthy animals, sustainability and efficiency of resources but also on maintaining competitiveness using high-level technology. There are several research projects with impact on animal welfare, e.g.: · Advancement of Dairying in Austria (K-Projekt ADDA), supported by the Federal government and the provinces. A consortium (composed of research institutions and companies spanning the whole milk chain, from dairy farms, feed producers, cattle reproduction, pharmaceutical production, dairy processors, consumers and industry organisations, the TGD, and competent authorities) run this project. Areas of this project include: reproduction, milk quality, and udder health and treatment (including strategies to reduce use of antibiotics); · OptiGene, funded by the association of Austrian Cattle Breeders. The objective of this project, completed in 2015, was to optimise the breeding of Austrian cattle breeds by 6 aligning it with the needs and demands of the farming systems in Austria, with special consideration to health and genomic selection; · Efficient Cow, funded by the Federal government and the provinces. The goal is to increase production efficiency in dairy cows by collecting data on milk production, body condition score and lameness, amongst others; · projects on hoof health (recently submitted) ­ to create an infrastructure on data-collection of animal care of hooves to identify which factors can help to avoid lameness ­ and for an electronic system to collect on-farm information on welfare indicators.

The Specialist Department for Animal Husbandry and Welfare (Fachstelle für tiergerechte Tierhaltung und Tierschutz) is an independent body financed by the Federal Ministry of Health on the basis of the Austrian Animal Welfare Act. Its task is to inspect husbandry and housing systems of farm and pet animals and novel products before placing them on the market. Products that pass the inspection by this Department bear an official welfare seal as a guarantee to clients that it will not affect the animals' health and welfare.

The regional authorities visited by the audit team identified EU Rural Development Funding as one of the actors helping to manage animal welfare on farms. Such funding is available for the restructuring of farms on the condition that they convert from tethering stalls to a loose- house system. In one of the provinces visited, 13% of the dairy farms (480 out of 3772) got funding under this scheme in the last five years. One of the farms visited by the audit team had converted recently from tethering to loose-house using these funds. According to the owner, this had led to a 40% increase in milk production and a significant improvement in milk quality (genetics remained the same). 5.2 ASSURANCES FROM COMPETENT AUTHORITY ACTIVITIES ON FARMERS' COMPLIANCE WITH LEGAL REQUIREMENTS Legal requirements Directive 98/58/EC. Commission Decision 2006/778/EC. Articles 3, 4, 6, 7, 17 and Appendix B of the Council of Europe Recommendation Concerning Cattle. Paragraphs 6 and 15 of Annex I to Directive 2008/119/EC. Regulation (EC) No 882/2004. Findings

The country profile of Austria describes the structure of the authorities and the organisation of official controls in farms. It is accessible at: http://ec.europa.eu/food/audits-analysis/country_profiles/details.cfm?co_id=AT. Additional information is available in the CCA's website at: http://bmgf.gv.at. 7

The CCA indicated that legislation applicable in the country on the protection of cattle in dairy farms, is in the Federal Law Gazette-FLG No 82/1993, as well as in the Austrian Federal Act on the Protection of Animals ­ Tierschutzgesetzes, which prohibits infliction of unnecessary pain, suffering or injury to an animal, or to put it under severe distress, and in the 1st Animal Husbandry Regulation ­ 1. Tierhaltungsverordnung.

The following official controls cover welfare of cattle at dairy farms: · regular inspections carried out for the purpose of cross-compliance (Regulation (EC) No 1698/20056). These include compliance checks against all the requirements of Directives 98/58/EC and 2008/119/EC amongst others. AgraMarkt Austria is provided with a copy of the inspection report; and · ad-hoc checks as a consequence of a complaint, suspicion or notification received from slaughterhouses, rendering plants or checks carried out by other bodies, such as the TGD. An official indicated that if the farm is a member of the TGD these controls are also used to audit the private veterinarian's annual farm evaluation (see also Paragraph 2).

The Animal Welfare Inspection Ordinance requires that at least 2% of all agricultural holdings are inspected annually (this are the regular inspections). The Agency for Health and Food Safety (Agentur für Gesundheit und Ernahrungssicherheit) selects the holdings at provincial level: · It chooses 80% of farms on the basis of identified risks- including those indicated by Article 3 of Regulation (EC) No 882/2004- and 20% of farms randomly; · the farms are selected from the list of holdings receiving single farm payments from AgraMarkt Austria. The provincial competent authorities indicated that the vast majority of dairy farms get single farm payments and only a very minimal percentage (less than 1%) do not get them.

The official veterinarians that check animal welfare at dairy farms have several tools (all readily available electronically) to prepare for the inspections, which they explained and demonstrated to the audit team. These include: · documented procedures, as required by Article 8(1) of Regulation (EC) No 882/2004, in the form of handbooks which are publicly available. These include checklists and relevant guidelines that focus primarily on resource-based indicators but also include the use of animal-based indicators (e.g. body condition score and lameness) to evaluate some of these parameters. These documents are a comprehensive tool to perform animal welfare checks; · Databases kept by the competent authority and AgraMarkt Austria. With these, they can access information on the farm regarding past-controls, herd health status and number of animals; · information from the TGD database regarding farm production data (e.g. somatic cell count, milk quality, longevity, calving intervals, treatments, animals leaving the herd, including the reason) and the private veterinarian's farm evaluation reports. 6 Regulation (EC) No 1698/2005 (OJ L 277, 21.10.2005, p. 1­40) 8

The audit team visited two dairy farms, one farm keeping cattle in a tethered system with past non-compliances (that had already been corrected) due to high stocking density, and another that recently converted from a tethered system to loose-housing using EU Rural Development Funds. The official veterinarians demonstrated how inspections are performed. The controls were thorough and mainly resource-based. The official veterinarians also used animal-based indicators during their evaluation (body condition score for compliance with feeding requirements, hoof condition and presence of visible lesions for compliance with caring for animals and competent staff requirements). The officials performed the checks according to the procedures and documents.

The authorities use enforcement actions which include: reporting the non-compliance to AgraMarkt Austria (for cross-compliance purposes); written instruction to the farmer to correct the deficiencies- this instruction includes a deadline and it is followed up with a visit after this deadline- and, if a serious welfare infringement is detected, a report for legal proceedings. In the two Provinces visited, the audit team saw examples of enforcement actions in the inspection files reviewed.

A review of the reported animal welfare non-compliances for cattle (excluding calves) revealed that the most frequently ones detected in Austria in 2013 and 2014 was related to freedom of movement: · A deeper analysis from the detailed checklist indicated that this is generally linked to the requirement for access to pasture for a minimum of 90 days when cattle are kept on tethered farms. According to estimates7, 50-55% of dairy cattle farms use loose housing and 45-50% of the farms keep the cows tethered; · The authorities of the two provinces visited indicated that this type of non-compliance was not frequent in their territory due to the access to mountain pastures. The most frequent non-compliance in these two provinces was related to the small size of the stalls ­ they indicated this happens because the national regulation changed after these were built. Conclusions on assurances from competent authority activities on farmer's compliance with legal requirements

The official controls in place provide assurances of compliance with animal welfare requirements for cattle in dairy farms. The various tools provided by both the authorities (documented procedures and own databases) and other actors involved (e.g. access to their databases) support the official veterinarians in keeping up to date with the farms' status and help them to better evaluate the welfare of cattle in dairy farms. 5.3 INDICATORS OF ANIMAL WELFARE Legal requirements Directive 98/58/EC. 7 Source: Federal Ministry of Agriculture, Forestry, Environment and Water Management. 9 Articles 3, 4, 6, 7, 17 and Appendix B of the Council of Europe Recommendation Concerning Cattle. Paragraphs 6 and 15 of Annex I to Directive 2008/119/EC. Findings

The main animal welfare indicators identified, and how they are used, are listed in Table 1 below: Table 1: Identified indicators of animal welfare WHO uses them? HOW are they being Identified TRENDS used? Indicators related to Competent authority. National average MASTITIS Official controls based on decreasing over the last notification (SCC above few years (currently SOMATIC CELL AgraMarkt Austria (QS 400000). 189000) COUNT (SCC) Cow), TGD. Milk testing nine to ten Number of cows with times a year. SCC over 400000 Indicators related to Association of Cattle Genetic Selection. reducing over the last few LAMENESS Breeders, Milk premiums (SCC less years. Dairy Processors, than 200000). Farmers. Selective dry cow therapy Farmers indicated a low Competent authority, (initial stage). incidence of lameness TGD. Official and TGD when there is a need to controls ­ trigger at 20% access alpine pasture. LAMENESS SCORING lameness. Farmers. Treatment of hooves Indicators related to Association of C

The Competent Authorities should ensure that adequate audit arrangements 2. are put in place, covering all relevant areas of activities and all levels of relevant competent authorities within the sectors covered by Regulation (EC) No 882/2004 in order to achieve the objectives of Article 4(6) of the same Regulation. This should in particular include controls on the marketing and use of PPPs, feed controls (with regard to federal competences) and all relevant levels of the competent authority's hierarchy including the competent authorities of the central level which are involved in planning controls, monitoring the implementation of controls and issuing instructions and procedures. Based on conclusions (16, 17) and associated findings (12, 13, 14, 15) The Competent Authorities should ensure that independent scrutiny is carried out by person(s)/body(s) which are not involved in the audit process and that the activity and outputs of the independent scrutiny are clearly documented and contribute to ensuring that the audit arrangements achieve the objectives of Regulation (EC) No 882/2004. Based on conclusions (33, 34) and associated findings (28, 29, 30)

To ensure that all Salmonella isolates tested for antimicrobial susceptibility are originating from domestically produced animals, as stipulated in point 2.3.1. of part A of the Annex to Decision 2013/652/EU.

To ensure that the targets for the antimicrobial resistance monitoring plan are in line with point 2.2 of Part A of the Annex to Decision 2013/652/EU and when the number of isolates required cannot be achieved for specific bacterial species and type of sample of animal population or food category, all available isolates at the end of the monitoring period are subject to antimicrobial susceptibility testing.

To ensure that that the allocation of the number of samples at the slaughterhouse is proportional to the number of domestic animals slaughter and that the batches are randomly selected in line with Article 2(1) and point 2.3 and 2.3.1 of Part A of the Annex to Decision 2013/652/EU. and No 44.

To ensure that the sampling procedures at retail level ensure that the isolates obtained are representative of the food categories tested, as required by Article 2.2 and point 1 of part A of the Annex to Decision 2013/652/EU.

To ensure that academic courses recognised as equivalent to training courses for drivers and attendants transporting live animals provide training on all the subjects listed in Point 2 of Annex IV of Regulation (EC) No 1/2005.

Ensure that external agencies, to which official controls on the use of PPPs are delegated, are subject to audits or inspections by provincial CAs, as laid down in Article 5 (3) of Regulation (EC) No 882/2004. Conclusion upon which this recommendation is based: 31 Associated findings upon which this recommendation is based:11

Ensure that efficient and effective coordination takes part between CAs involved in official controls within the scope of the audit as required by Article 4 (3) of Regulation (EC) No 882/2004. Conclusion upon which this recommendation is based: 34 Associated finding upon which this recommendation is based:30

Strengthen official controls on the marketing of PPPs in order to ensure that PPPs placed on the market comply with the authorisation requirements laid down in Article 29 (1) and Article 52 (3) of Regulation (EC) No 1107/2009 and these are labelled in accordance with the requirements of Article 65 of the same Regulation and Regulation (EU) No 547/2011. 2004. 6. Conclusions upon which this recommendation is based: 54, 55, 57 Associated findings upon which this recommendation is based: 40, 42, 46, 51 Ensure that the existing control programmes for professional users cover seed treatment plants in order to guarantee that requirements of Regulations (EU) No 485/2013 and 781/2013 are implemented. Conclusion upon which this recommendation is based: 76 Associated findings upon which this recommendation is based: 68,70 Ensure that treated seed placed on the market and used by growers are labelled in accordance with the requirements of Article 49 (4) of Regulation (EC) No 1107/2009 and this is sufficiently verified during inspections at seed treatment plants and users of treated seeds by the relevant CAs. Conclusion upon which this recommendation is based: 77 Associated finding upon which this recommendation is based: 68 Ensure that sanctions and fines imposed in the case of non-compliances identified during inspections within the scope of the audit are effective, proportionate and dissuasive as laid down in Article 55 of Regulation (EC) No 882/2004 and Article 72 of Regulation (EC) No 1107/2009. Conclusion upon which this recommendation is based: 92 Associated findings upon which this recommendation is based: 88, 90

To ensure that all operators active in the ABP chain, notably paper traders and carriers of ABP/DP are registered, included in the required publicly available list, and subject to official controls, as laid down, respectively, by Articles 23, 47 and 45(1) of Regulation (EC) No 1069/2009.

To ensure that the arrival of all consignments of the concerned ABP/DP in Austria is notified via TRACES to the Member States of origin and that this is done on the basis of evidence of arrival at the intended destination, as required by Article 48(3) of Regulation (EC) No 1069/2009.

To ensure in accordance with Article 4(3) of Regulation (EC) No 882/2004 an efficient and effective coordination by the BMG in respect of preparation of OMs by the PVS so that all of them are adequately prepared to effectively tackle animal health emergency situations, in particular in the event of a large disease outbreak with a wide geographical scope affecting several Provinces.

To ensure that internal audits include an element of verifying the suitability of planned arrangements in achieving the objectives as prescribed in Article 3 of Regulation (EC) No 882/2004, in particular, the suitability of CPs on OMs in dealing with large scale outbreaks should be evaluated and corrective action taken, as appropriate.

To ensure in accordance with EU legal requirements on control of epizootic diseases that CPs allow access to facilities, equipment, personnel and all other appropriate materials necessary for the rapid and efficient eradication of a geographically widespread epizootic disease outbreak.

To ensure that the CP for FMD provides for measures to be implemented in the event of a worst case scenario and it includes detailed plans to enable the CAs to take well informed decisions in relation to the need and extent of emergency vaccination against that disease in accordance with provisions laid down in Articles 14(3) and 72(3) of, and Annex XVII to Directive 2003/85/EC.

To ensure compliance with requirements laid down in Directive 64/432/EEC applicable to ACs involved in intra-EU trade of animals so as to effectively prevent the transmission and spread of infectious animal diseases. To ensure that CPs are critically reviewed and updated in light of the outcome of real- time exercises and alarm drills in accordance with requirements of the Council 8. Directives laying down provisions for control measures and contingency planning for FMD, AI, CSF and ASF. To ensure compliance with all the requirements laid down in Article 18 of Regulation (EC) No 1099/2009, in particular: a) that SOP take into account the criteria in the

that all necessary measures to eradicate or, if that is impossible, inhibit the spread of the pest are taken, in line with article 16(1) of Directive 2000/29/EC and as provided for in the EPPO standard PM 9/15 (1), in particular to delimit a wider buffer zone in Gallspach to avoid the further spread of the pest.

that all necessary measures to eradicate or, if that is impossible, inhibit the spread of the pest are taken, in line with article 16(1) of Directive 2000/29/EC and as provided for in the EPPO standard PM 9/15 (1), in particular to perform intensive monitoring in the buffer zone in Gallspach to avoid the further spread of the pest.

that all necessary measures to eradicate or, if that is impossible, inhibit the spread of the pest are taken, in line with article 16(1) of Directive 2000/29/EC and as provided for in the EPPO standard PM 9/15 (1), in particular to implement preventive felling of asymptomatic host plants around infested trees in Gallspach to avoid the further spread of the pest.

that CBs are accredited in accordance with EN 45011 / ISO IEC 65 (General requirements for bodies operating product certification systems) as required by Article 39 (2) of Regulation (EU) No 1151/2012.

that the CBs to which official control tasks are delegated are audited / inspected as necessary as required by Article 5(3) of Regulation (EC) No 882/2004.

that CBs carry out verification of compliance with product specifications ively, in order to comply with Articles 36 and 37 of Regulation (EU) No 012.

that aggregate samples of nuts and dried fruit are mixed before their division into analytical samples as required by Annex I (point A3.6.) of Regulation (EC) No 401/2006 and as described in the Guidance Document for CAs for the Control of Compliance with the Legislation on Aflatoxins.

that quarterly reports on results of official controls which are not in line with with Article 7(9) of Regulation (EC) No 1152/2009 and Article 10 of Regulation (EC) No 258/2010 are forwarded to the European Commission.

Ensure that all staff performing official controls receive appropriate training enabling 2. them to undertake their duties competently and to carry out official controls in a 3. consistent manner, as required by Article 6 and Annex II of Regulation (EC) No 882/2004, and in particular in the area of seeds intended for sprouting and sprouts Ensure that all establishments (farms) producing food are registered as required by Article 6 of Regulation 6 of Regulation 852/2004. Ensure that approval of establishments producing sprouts follows the requirements of Regulation (EU) No 210/2013. 6. 7. Ensure that potential risks arising at primary production, including at the growing 8. stage, are taken into account in the development of risk-based planning of official 9. controls in line with Article 3 of Regulation (EC) No 882/2004. Ensure that official controls in primary production of FNAO including establishments producing sprouts and importing/packing seeds intended for the production of sprouts are carried out regularly, on a risk-basis and with appropriate frequency as required by Article 3 of Regulation (EC) No 882/2004. Ensure that CAs responsible for official controls on primary production of FNAO carry them out in accordance with documented procedures, as required by Article 8 of Regulation (EC) No 882/2004, which contain information and instruction relevant for the controls performed. Ensure that official controls in establishments producing sprouts verifies that the FBO's sampling and testing follows rules set out in Annex to Regulation (EC) No 2073/2005 as required by Article 1 of Regulation (EC) No 2073/2005. Ensure that official controls of FNAO include the assessment of good farming practices as required by Article 10(2) of Regulation (EC) No 882/2004. Ensure that the samples are handled such way to ensure their analytical validity as required by Article 11(7) of Regulation (EC) No 882/2004.

To ensure that all risk criteria referred to in Article 3 of Regulation (EC) No 882/2004 are taken into account for prioritising official controls, such as the reliability of operator's own checks or previous history of non-compliance, and in the case of transporters, the particular risks arising from activities outside the feed chain such as transport of ABP and derived products.

To ensure that official sampling takes account of the risk criteria laid down by Article 3 of Regulation (EC) No 882/2004, notably the possible presence of residues of packaging material and of residues of coccidiostats in feed for non-target species.

To ensure that reports on official controls include details on the control methods applied and the results of the official controls and where appropriate, the actions that the business operator concerned is to take in case of non-compliance, as required by Article 9 of Regulation (EC) No 882/2004.

To ensure that the national list of registered establishments, in particular food operators supplying food co-products to the feed chain is made available to the public as required by Article 19 of Regulation (EC) No 183/2005.

To ensure that operators maintain and implement adequate procedures to demonstrate compliance with the requirements for homogeneity laid down by Article 5(2) of Regulation (EC) No 183/2005 and set out in its Annex II.

To ensure that operators keep samples of all ingredients used in the production, in particular additives, as laid down by Article 5(2) of Regulation (EC) No 183/2005 and set out in its Annex II.

To ensure that feed business operators make further progress concerning the design and implementation of the HACCP-based procedures required by Articles 6 and 7 of Regulation (EC) No 183/2005, so that all relevant risks are adequately controlled.

A should complete measures to ensure a consistent reporting system between Provinces of the non-compliances required by Decision 2006/778/EC, in particular when national legislation is stricter than EU minimum requirements.

A should ensure that national legislation does not conflict with Article 17 and

engthen the procedures in place to verify the effectiveness of official controls as required by Article 8(3) or Regulation (EC) No 882/2004.

ure that all criteria laid down in Article 3 of Regulation (EC) No 882/2004 are taken into account when establishing the minimum control frequency for official controls in approved meat establishments.

ure that the food business operators have traceability systems in place ensuring the origin of the meat and other food ingredients as required by Article 18 of Regulation (EC) No 178/2002.

ure that the raw milk criteria are complied with, in particular the criteria as laid down in Annex 9 to Regulation (EC) No 853/2004, point III.3.(a) thereof.

ure that the staff at the slaughterhouses are trained to fulfil the requirements of the new animal welfare Regulation (EC) No 1099/2009 on the protection of animals at the time of killing.

e appropriate action to address the deficiencies identified in relation to the official controls in the meat sector in one Land.

The CCA should ensure that the provision in national legislation as regards the duration of validity of health certificates is aligned with the current EU requirements (Regulation (EC) No 854/2004, Annex I, Section IV, Chapter V, Part A, 1 and 5).

The CCA should notify their national legislation as required under Directive 98/34/EC.

The CCA should ensure that, when carrying out official controls, the review of the establishments is comprehensive, and that appropriate action is taken when official requirements are not met, as required by Article 31 of Regulation (EC) No 882/2004.

The CCA should ensure that EU requirements on post-mortem inspection are respected in particular those described in Part D, Chapter II, Section I and Part A (a), Chapter III, Section III, Annex I of Regulation (EC) No 854/2004.

In order to comply with EU requirements, the CA should ensure that the deficiencies found by the audit team are corrected in the establishments visited and are not present in other approved ones (see Articles 4 and 5 of Regulation (EC) No 852/2004, Annex II to Regulation (EC) No 852/2004, Annex II and Annex III to Regulation (EC) No 853/2004 and Article 4 of Regulation (EC) No 854/2004).

The CCA should ensure that when FBO own-check sampling programmes are implemented, the sampling plans and measures taken in response to unsatisfactory results are in compliance with EU requirements (see Regulation (EC) No 2073/2005).

To ensure that, when sanctions are deemed appropriate for non-compliances with EU import rules, e.g., late or no pre-notification of consignments, such sanctions are effective, proportionate and dissuasive as referred to in Article 55 of Regulation (EC) No 882/2004.

To ensure that that BIPs have instructions/arrangements in place so they can, should the need arise, shelter and feed animals that do not satisfy EU requirements as required in Article 12 (1) (a) of Council Directive 91/496/EEC.

Ensure that verification of the effectiveness of official controls, as required by Article 8 of Regulation (EC) No 882/2004, is improved.

Ensure that Directive 2007/43/EC is transposed into national legislation and in particular to include the requirements on training and certification as required by Article 4 of Directive 2007/43/EC.

Ensure that adequate perches are provided to birds in alternative system, as required by Article 4.1(d) of Directive 1999/74/EC.

Ensure that suitable material to enable proper investigation and manipulation activities is provided to pigs, as required by Chapter I, point 4 of the Annex to Directive 2008/120/EC and that all requirements of Article 3 of Directive 2008/120/EC, in particular regarding tethering of sows and providing of adequate feed to pregnant gilts and sows, are respected.

Ensure that all requirements of Articles 10.1, 11.1 and 18.1 of Regulation (EC) No 1/2005 are taken into account when authorising transporters and approve means of transport for long journey and in particular the requirements for satellite navigation and absence of serious infringements.

A should ensure that national Poultry Hygiene Regulation 2007 is fully aligned and amended to meet current EU requirements.

A should ensure that the monitoring and sampling programme applied to breeding flocks complies fully with the requirements of Regulations (EC) No 2160/2003 and (EU) No 200/2010, in particular regarding sampling frequency (for both FBO and official samples), sampling protocol applied and sampling location (for FBO samples taken for rearing flocks).

A should ensure that the monitoring in laying flocks complies with the requirements of Regulations (EC) No 2160/2003 and (EU) No 517/2011, in particular as regards number of official samples taken, sampling location (for FBO samples taken for rearing flocks), routine confirmatory sampling policy and measures taken once eggs are suspected of being infected with Salmonella serotypes.

Ensure that the method(s) used for screening of antimicrobial substances can detect residues of commonly used antimicrobial substances at the MRLs laid down in Table 1 of the Annex to Commission Regulation (EU) No 37/2010.

Ensure that clustered sampling (taking of samples from several animals from the same holding) is avoided in accordance with point 2.3.3.1. in the Annex to Commission Decision 98/179/EC and national rules.

Ensure that information about the detected antibiotic and the concentration confirmed is taken into account in the execution of follow-up investigations in line with the requirements of Article 18(1) of Council Directive 96/23/EC.

Ensure that analytical methods for residues of veterinary medicinal products are validated in accordance with the requirements of Article 3(c) of Commission Decision 2002/657/EC and in particular take account of the requirements stipulated in sections 3.1.1.5. and 3.1.2.2. of Chapter 3.1. of the Annex to that Decision.

Ensure that audits or inspections are performed at the control bodies in charge of official controls on the use of PPPs as required by Article 5 (3) of Regulation (EC) No 882/2004.

Ensure that inspections at growers are carried out without prior warning as laid down in Article 3 (2) of Regulation (EC) No 882/2004.

Ensure that the multi-annual national control programme for pesticide residues established contains at least the information listed in Article 30 (1) (a), (b), (c) and (d) of Regulation (EC) No 396/2005. 6. Ensure that all official laboratories for pesticide residues are able to analyse the pesticides listed in Annex I to Regulation (EC) No 915/2010 and the full range of pesticides authorised for placing on the market and use in the country. Ensure that sanctions applied in the case of infringement are effective, proportionate and dissuasive as provided for in Article 55 of Regulation (EC) No 882/2004. Ensure that the scope of internal audits is extended in order to cover official controls on the use of PPPs, so as to ensure full compliance with the requirements of Article 4 (6) of Regulation (EC) No 882/2004.

that all inspectors involved in HACCP assessment receive appropriate training as required by Article 6(a) of Regulation (EC) No 882/2004.

Ensure that all inspectors involved in FCM and FA official controls receive appropriate training to undertake their duties competently and to carry out official controls in a consistent manner, particularly in assessment of DoC, labelling and traceabillity according to Article 6(a) of Regulation (EC) No 882/2004.

Ensure that procedures are established for the registration of FBOs dealing with FNAO as required by Article 31(1) of Regulation (EC) No 882/2004.

Ensure the right of FBO whose products are subject to sampling and analysis to apply for a supplementary expert opinion as required by Article 11 of Regulation (EC) No 882/2004.

Ensure that all FCM and FA official controls are carried out in accordance with documented procedures as required by Article 8(1) of Regulation (EC) No 882/2004.

Ensure efficient and effective coordination between and within all CAs involved in official controls in Upper Austria according to Article 4(3) of Regulation (EC) No 882/2004.

Ensure that audits and procedures for verification of the effectiveness of official controls carried out on FCM and FA are in place according to Article(6) of Regulation (EC) No 882/2004.

Ensure that all necessary measures to eradicate or, if that is impossible, inhibit the spread of the pest are taken, in line with Article 16(1) of Directive 2000/29/EC, in particular that the official controls for the movement of susceptible material are strengthened with regard to.(a) the frequency of controls at nurseries and garden centres and(b) the frequency of controls of host plants in the vicinity of these establishments.

Consider specific information campaigns and surveys for ALB in the municipalities surrounding Braunau.

Review the control strategy based on the recommendations of the workshop "management of Anoplophora" held on 22-24 November 2006 in Wageningen (The Netherlands), in particular as regards:a) intensification and sustaining the survey for ALB until the organism is considered to be eradicated andb) preventive felling of host plants in a wider radius around all infested plants.

vide training for BIP veterinary staff regarding import control procedures so that all staff involved in official controls receive appropriate training to perform their duties competently as required in Art. 6 of Regulation (EC) No 882/2004. To improve awareness for Customs in relation to veterinary matters, as necessary.

ablish independent internal or external audits for import controls including those carried out by Customs. To further develop supervision in order to ensure that all shortcomings are timely corrected, as required in Artt. 4 (6) and 8 (3) of Regulation (EC) No 882/2004.

rect transposition of Art. 17 (1) of Directive 97/78/EC and complete the implementing measures for transposition of Art. 6 of the same Directive.

ablish a list of establishments approved to receive consignments channelled in accordance with Art. 8 (6) of Directive 97/78/EC.

plete instructions for procedures such as for intermediate ABP, channelling, rejections, customs warehouses adjacent to BIPs, in accordance with Art. 8 of Regulation (EC) No 882/2004.

urethat in accordance with Decision 2004/292/EC and Regulations (EC) No 136/2004 and 282/2004 correct and complete information is entered into TRACES for all consignments.

lement measures in accordance to Art. 3 of Directives 97/78/EC and 91/496/EEC to ensure that complete notification is provided in advance of the arrival of the consignments on EU territory and to ensure all consignments are presented promptly to the BIP.

ure that the procedure for veterinary checks in particular documentary checks, reduced frequency of physical checks, decision on consignment, including the channelling procedure and the procedure for rejection and destruction are followed in accordance with Directive 97/78/EC.

ure that consignments under the derogations of Art. 16 (1) (f) of Directive 97/78/EC are not released for free circulation.

mplete the annual monitoring sampling plan to all the relevant risks for all products in accordance with point 1 of Annex II to Regulation (EC) No 136/2004.

ke measures to ensure that seizures following checks in all points of entry for personal luggage checks and non-commercial parcels in accordance with Regulation (EC) No 206/2009, are destroyed appropriately according to national legislation.

t in place procedures in order to ensure that non-commercial pet animals which do not comply with the requirements of Regulation (EC) No 998/2003 are isolated under the provisions of Art. 14 (b) of the same Regulation, if they are not returned to origin or euthanised according to the provisions of Art. 14 (a) or Art. 14 (c) of the same Regulation.

rther develop supervision of kitchen waste so that to ensure that accompanying documentation and hygiene measures are carried out in accordance with Regulation (EC) No 1774/2002.

ke measures to correct all minor shortcomings for infrastructure, hygiene and procedures in all BIPs in order to comply fully with the provisions of Decision 2001/812/EC.

Plant health import checks are carried out meticulously, as required by Art. 13a1(a) of Directive 2000/29/EC.

The inspection posts, particularly at Vienna airport, have access to an up-to-date list of notifications and that the inspections are adapted in light of the interceptions, as required by Item 1 of the Annex to Directive 98/22/EC.

Staff performing official checks have the qualifications necessary for the correct application of Directive 2000/29/EC, as required by Art. 2(1)(i) third indent, of the said Directive.

Notifications of interception are made within two working days, or preferably sooner in the case of a rejection, as required by Art. 2(1) of Directive 94/3/EC.

The label used for plant passport contains all the information requested by Art. 1(3) of Directive 92/105/EEC.

Plant passports are only issued for those plants that comply with the special requirements laid down in Part A and B of Annex IV to Directive 2000/29/EC, and in particular following an occurrence of Plum pox virus, point 16(b)(bb) of Section II, Part A of Annex IV to the said Directive.

Those producers and processors exempted from the plant passport system comply with all of the requirements in the first indent of Art. 6(7) of Directive 2000/29/EC.

The measures taken, following an occurrence of E. amylovora in the protected zone and the status of the protected zone are reviewed, in light of the continued and increasing level of the organism in that zone, to ensure that it complies with Art. 2(1)(h) of Directive 2000/29/EC.

Controls may be carried out to ensure that the requirements of Directive 93/51/EEC are met in cases where host plants of E. amylovora are moved through the protected zone. The Single Authority in Austria is advised to:

Issuing instructions or guidelines for performing checks for the presence of non- declared or prohibited items in consignments.

Review the definition of 'local market' for plant passport purposes. 126

Each region establishes a programme for inspections as required by Artt. 7 of Directives 91/629/EEC, 91/630/EEC and Art. 8 of Directive 99/74/EC. In addition there should be inspections which are based on identified risks, as required by Art. 3 of Regulation (EC) No. 882/2004.

Inspectors are familiar with the requirements of national legislation in particular in relation to any transitional periods for requirements and that sufficient guidance or training is provided to allow adequate assessment of each requirement, as required by Art. 6 of Regulation (EC) No. 882/2004.

There is adequate verification of the effectiveness of inspections and any corrective actions taken as required by Art.8 3 of Regulation (EC) No. 882/2004.

Infringements and actions taken are accurately reported as required by Decision 2000/50/EC. 15 9. COMPETENT AUTHORITY RESPONSE TO THE RECOMMENDATIONS Once the report has been published, the competent authority response to the recommendations can be found at the following link: http://ec.europa.eu/food/fvo/ap/ap_austria_8049_2006.pdf 16

To ensure that slaughterhouses have effective and auditable systems in place for the sampling of animals aged over 24 months and found to be sick at ante- mortem inspection in compliance with Annex III to Regulation (EC) No 999/2001. With regard to the total feed ban

To have effective and auditable procedures in place in line with Art. 8 (3) of Regulation (EC) No. 882/2004 to verify the implementation of targeted controls along the feed chain, including channelling of fishmeal and prevention of cross- feeding at farm level, to ensure that restrictions on the use of feed materials of animal origin in feeding stuffs are effectively enforced in compliance with

To ensure effective co-ordination between the staff of Magistrat and of the PVS, to guarantee the effectiveness of official controls in the establishments concerned.

To take all the necessary measures in order to ensure that all staff carrying out official controls is free from any possible conflict of interest.

To ensure that all official controls with respect of fresh meat (ante- and post- mortem examination and trichina testing) are performed in accordance with Article 5 (1) of Regulation (EC) No 854/2004. 20

To bring the system of official controls in the red meat sector in line with the requirements of Regulation (EC) No 882/2004.

To ensure that former "low capacity" establishments (previously approved under Article 4 of Council Directive 64/433/EEC and Article 9 of Council Directive 77/99/EEC) are approved only if compliant with requirements of Article 4 and Annex II of Regulation (EC) No 852/2004, and of Article 4 and

To address the deficiencies noted in the NRCP, particularly with regard to on-farm sampling of poultry, scope of substances analysed and matrices used for certain analyses.

To ensure that every precaution is taken to prevent conflict of interest between the private and official duties of the private practitioners appointed part time for official tasks. With regard to the laboratories

To ensure that arrangements are in place to provide timely confirmation analyses in accredited laboratories and with validated methods, in line with Council Directive 96/23/EC and Commission Decision 2002/657/EC, respectively, for all substances relevant to the NRCP.

To ensure that the relevant technical equipment, required for the development and application of appropriate confirmatory methods, is available.

To ensure that all analytical methods for Group A substances, in particular those applied as quantitative methods, are validated in line with Commission Decision 2002/657/EC.

To ensure that the screening methods for Group B1 methods are validated with regard to scope and sensitivity to guarantee detection of residues at the MRLs listed in Council Regulation (EC) No 2377/90. With regard to VMPs

To ensure that Council Directives 96/22/EC and 90/167/EEC are fully transposed.

To ensure that inspections of wholesalers are unannounced, in line with Council Directive 96/22/EC.

To ensure that only authorised feed mills prepare animal feedingstuffs containing medicated premixes in line with Council Directive 90/167/EEC and that an adequate control of the use of veterinary medicinal products, i.e. medicated premixes, is implemented in feed mills. 18

To implement the requirements of Council Directive 90/167/EEC for own control of on-farm mixers for medicated feedingstuffs. 9. ADDENDUM TO MISSION REPORT 7507/2005 In their letter in response to the draft report, received by the FVO on 16 September 2005, and translated by 3 October, the Austrian Competent Authorities described a number of actions taken or planned to address the deficiencies highlighted in the draft report. In relation to the recommendations above, the response can be summarised as follows: Recommendation 1: The CA intends to correct the majority of the observed deficiencies when drawing up the NRCP for 2006 and plans to include testing of nitrofurans (A6) in milk in the NRCP 2007. The CA plans to continue analysing CAP in bovine blood and needs to develop new methods before nitrofurans and amitraz can be analysed in ho 2: Further legal requirements, through the Food Safety and Consumer Protection Act, will ensure the independence of temporarily appointed official veterinaria s 3 and 5: Turnaround times for AGES are laid down in a new Decree from 20 June 2005 (BMGF-74320/0024-IV/B/7/2005). The validation of methods necessary for timely and validated confirmation will be finished by the end of 2006. Recommendation 4: A GC-MS will be acquired during 2005 and the acquisition of an LC-MS-MS is planned for 2006. Recommendation 6: The CA disagrees with the finding upon which this recommendation was based. It considers the validation of the B1 screening method to be satisfactory, based on participation in ring tests and staff training organised by the relevant CRL. Recommendation 7: Council Directive 96/22/EC will be fully transposed through the Hormonverordnung, expected to come into force in October 2005. The Medicated Feed Manufacturers Order, planned to enter into force at the beginning of 2006, will transpose Council Directive 90/167/EEC. Recommendation 8: Inspections in accordance with Article 8 of Council Directive 96/22/EC will be transposed through an amendment of the Medicinal Products Act, planned to be put before the Parliament during 2005. Recommendation 9: The requirement that only authorised feed mills may manufacture animal feedingstuffs containing medicated premixes will be met when the Medicated Feed Manufacturers Order is adopted. Inspections based on this legislation are planned to commence during the first quarter of 2006. Recommendation 10: According to the Austrian CCA, Council Directive 90/167/EC is not applicable to the Austrian type of on-farm mixers. However, the need for own-control of on-farm mixers is recognised and is covered in a draft for an amendment of the Veterinary Medicines Control Act, currently being discussed. ______________

To consider amending the approval for the below mentioned BIP, as follows: BIP Linz Inspection Centre 1 : HC (2), NHC (2), O. Inspection Centre 2 : E, U (8).

To consider restricting the approval for the BIPs Linz to HC (2), NHC (2), O and Wien-Schwechat to HC (2) if satisfactory guarantees in relation to the correction of the deficiencies found are not received from the CCA within 6 months of the receipt of the translated final report. 13 9. ADDENDUM TO MISSION REPORT DG(SANCO)/7722/2005 In response to the recommendations in Annex 4 to the draft report, the CCA indicated the following corrective actio 1 Austria's new draft Order on Imports contains relevant provisions on the enforcement of Regulation (EC) No 1774/2002. The provisions of Directive 2002/99/EC have been transposed in practice, as no amendments have been made to the previous Community provisions. Account will be taken of the current legal requirement in the new Veterinary Import Order (Veterinary Authority). The Commission has been informed by e-mail of the list of entry points pursuant to Article 13 of Regulation 998/2003. Recommendation 2 Normal auditing operations are to resume in 2006. Recommendation 3 A follow-up training course for all BIP veterinarians in Austria is planned for February 2006. Particular account will be taken of the shortcomings identified and will also enable participants to perfect their knowledge of TRACES. Recommendation 4 The FVO's comments have been forwarded to the Federal Ministry of Agriculture, Forestry, Environmental Protection and Water Economy, which is the relevant Ministry in this regard. Recommendation 5 Particular attention will be paid in the action plan to improving cooperation with airport operators. An effort will be made to improve cooperation with the federal provinces regarding the disposal of kitchen waste. Recommendation 6 The competent monitoring bodies had already begun to take steps to remedy the shortcomings identified in the catering establishment visited by the inspectors (commercial document/document accompanying the waste when it leaves the premises, complete records, correct labelling of containers). Recommendation 8 The new facility for the veterinary BIP at Wien-Schwechat has been largely completed in December 2005; the move was still scheduled for 25 January 2006. It should be noted, however, that a considerable effort has been made in the existing facility since the last inspection to ensure that the relevant requirements are met. Recommendation 9 The situation regarding RASFF messages has been resolved. 14 The problem (in relation to acceptance of Fishery products from List II Countries for other MS) was resolved after written instructions were sent to the BIP veterinarians. The problems with internet access in Linz associated with the move have since been resolved. Specific teething problems were encountered as a result of the installation work at Linz. These have since been resolved. A cleaning programme has been drawn up in Linz. In relation to live animals the relevant instructions were changed during inspection and transportation vehicles will in future be loaded directly in the loading area of the veterinary station in the hangar. Recommendation 10 In relation to pre-notification, in the new VEVO, another attempt will be made -- this time with the help of additional fees -- to manage the problem by introducing more stringent measures. As regards the problems concerning free/customs warehouses and ship suppliers, point 5.2.7 of draft report DG (SANCO) 7722/2005 (automatic transferal to customs warehouse on expiry of a storage deadline), we would point out that with the introduction of the electronic system "e-zoll" for customs warehouses (by 1 April 2006 at the latest), every consignment which is assigned to a customs warehouse (also with automatic transfer on expiry of the storage deadline) will have to be recorded as part of electronic data exchange. However, as the data relating to consignments stored in a customs warehouse are too restricted to allow the same checks as for consignments which are assigned to a customs procedure, it is essential that the additional information is supplied in coded form. Warehouse operators are therefore instructed that they must include these codes in the application for storage in the customs warehouse. Compliance with this requirement cannot be checked electronically but can only be done as part of regular checks relating to customs warehousing, during which particularly close attention will be paid to compliance with these provisions. Relevant provisions will therefore be added to the labour regulations concerning the monitoring of warehouses so that more thorough checks are carried out in this area. Recommendation 11 Records of checks on manifests in Linz will be made available. Recommendation 12 The BIP veterinarians will be told how to comply with the existing provisions on clearance. This will be one of the subjects covered in the next course of further training. The problem in relation to the reduced physical checks regime for milk products was resolved after written instructions were sent to the BIP veterinarians. Regarding the procedure for game trophies, follow up of relevant consignments and in relation to non-commercial pets account will be taken of the problems during training of BIP veterinarians. The appeals procedure no longer included in the new VEVO.

The competent authorities in Austria should consider amending the existing Guides to Good Hygiene Practice in order to allow food business operators to receive sufficient guidance for the implementation of all HACCP principles as required by Article 5.1 of Council Directive 93/43/EEC.

The competent authorities in Austria should consider taking measures to ensure, that official foodstuffs hygiene inspections assess the potential food safety hazards associated with the businesses and that the evaluation of CCP's and their related controls are performed in accordance with Article 8.2 of Council Directive 93/43/EEC.

The competent authorities in Austria should consider providing specific training programmes with regard to the assessment of HACCP systems to all foodstuffs inspectors.

The competent authorities in Austria should consider taking measures in order to achieve the level of enforcement, especially with regard to the service sector, as laid down in annual inspection plans. 18 In their response to the draft report the Austrian Authorities noted that in their view products sold only locally do not represent a serious risk for consumers outside Austria, nor are rapid actions outside Austria required. Additionally the Austrian Authorities noted that notification of such test results would overload the network. 22 A programme in response to these recommendations should be forwarded to the Commission Services within a period of two months after the dispatch of the final report. 10. ADDENDUM In their response to the recommendations made in the draft report, the Austrian CA indicated that work on the amendment of one specific GGHP has already started and other guides will be revised in due course. Furthermore, the CA replied that they have started preparations to provide HACCP training to all food inspectors, covering the assessment of critical control points and the related controls pursuant to Article 8.2 of Council Directive 93/43/EC. Finally, regarding the level of enforcement, the Austrian CA stated, that in the course of introduction of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules19, a sampling working party is seeking to optimise the auditing and sampling plan. 19 OJ L 165; 30/04/2004, p. 1 - 141 23

October 2003 and for Phase 3 on 1 October 2004. A change of deadlines is planned, bringing Phase 3 forward to 1 April 2004. Regarding 9.1.4, 9.1.5, 9.1.9 and 9.1.10: the Austrian central competent authorities stated that on 11 June 2003, epizootic disease experts at Federal and Land level met to discuss the composition and mandate of a standing group of experts as laid down by the EU in the "Guidelines for foot-and-mouth disease contingency plans". The members of this standing group of experts will comprise epizootic disease experts from the Länder, experts from the national reference laboratory and epidemiologists from the Veterinärmedizinische Universität (VMU) in Vienna.The planned area of activity is as follows: In times when Austria is free of List A-OIE diseases: -drawing up and evaluating instructions for official veterinarians on dealing with epizootic diseases; -drawing up sampling plans for diagnostic manuals dealing with certain epizootic diseases (CSF, ASF, FMD); -determining joint principles for improving crisis plans in the Länder; cooperating with and monitoring epizootic disease exercises, particularly simulations and real- time exercises; In the event of an outbreak of a List A-OIE epizootic disease: -advisory function for national and local crisis centres for the duration of the outbreak, in the form of a task force comprising an epizootic disease expert from the Länder, a representative of the AGES and a representative of the VMU. 18

The competent authorities of Austria should consider including GMO food control training and guidelines for regional level training in GMO, during the centrally organised food control training programme, in order to harmonise the training level of food inspectors for GMO according to Council Directive 93/99/EEC Article 2.

The competent authorities concerned with the Institute of Food Control Vienna should consider extending their participation in international proficiency testing schemes according to Council Directive 93/99/EEC Article 3.2 (b). An action plan in response to these recommendations should be forwarded to the Commission within two months of the dispatch of the final translated report. This action plan should clearly set out the manner and deadline by which the competent authorities will address these recommendations. 9. ADDENDUM In their response to the draft report the Austrian Authorities stated that they will forward an action plan to address the recommendations within 2 months of the dispatch of the final translated report. 18 19

To review the supervision within the different levels of the federal controls in order to be able to demonstrate the correct and complete application of the controls. With regard to the official inspections in the field of animal nutrition

To further develop the control programme taking into account all risks as set up in Article 4 of Council Directive 95/53/EC, in particular as regards the possible risks at operators level such as carry-over and cross-contamination between batches.

To ensure that auditable evidences on the implementation of the official control programme is provided for, including mobile mixers.

To ensure that random physical checks are performed on imported feed material before they are marketed as set out in Article 7 of Council Directive 95/53/EC, regardless of their destination within the Community.

To ensure the application of the procedure provided for in Article 21 of Council Directive 70/524/EEC with regard to tolerances allowed in the content of additives. With regard to the approval and registration of establishments and intermediaries operating in the animal feed sector

To bring national legislation in line with Articles 3 and 8 of Council Directive 95/69/EC as regards approval or registration of intermediaries putting certain additives and premixtures into circulation, regardless whether they operate in national or international trade.

To review the practice to authorise approved establishments to add certain additives directly into CFS without having proof that these additives have been authorised for direct mixing into CFS in accordance with Article 13 of Council Directive 70/524/EEC.

To ensure that all approved establishments fulfil all the necessary requirements as laid down in Chapter I of the Annex to Council Directive 95/69/EC, in particular as regards a written own control plan.

To consider issuing for the federal control staff detailed guidelines or instructions regarding all requirements for approval and registration referred to in the Annex of Council Directive 95/69/EC and on the documentation of their checks carried out in accordance with Article 13 of above Directive in order to ensure a uniform approach.

To publish the list of approved E/I and its regular up-dates as referred to 28in/01/04 - 33944 Article 6 of Council Directive 95/69/EC. 13 DG(SANCO)/9164/2003 ­ MR Final EN ADDENDUM TO THE MISSION REPORT DG(SANCO)/9164/2003 Within the given time, no reaction was received from the competent authorities of Austria in response to the draft report or to the recommendations made in the draft report. _______________________ 28/01/04 - 33944 14

The Competent Authority should consider taking measures to ensure that import controls on foodstuffs of plant origin are reviewed and strengthened, in order to attain a level of official controls at the appropriate stage which will prevent risks to public health within the meaning of Council Directive 89/397/EEC. Monitoring of consignments should increase and controls should cover a broader variety of products of plant origin.

The Competent Authority should take measures to ensure the sampling requirements as laid down in the Commission Directive 98/53/EC are fulfilled.

Deficiencies found on the laboratory performance should be assessed and corrected to ensure the reliability of results obtained. 26

The Competent Authority should take measures to ensure that the importers have a right of appeal against decisions taken by the CA themselves for the purpose of official inspections, as required by Article 12 (1) of Council Directive 89/397/EEC, at least equivalent to the one granted to undertakings operating at national market level.

In cases of MRLs infringements, the Competent Authority should carry out systematic consumer risk assessments taking into account the draft "Proposal on how to notify pesticide residues in foodstuffs in the Rapid Alert System for Foodstuffs". (SANCO/3346/2001).

The Competent Authority should take measures to ensure that all non- compliant foodstuffs are notified to the RASFF.

The Competent Authority should take the necessary measures in the event of non-compliance to ensure that contaminated goods within the scope of the mission are not forwarded to other EU destinations.

Import controls on foodstuffs potentially exposed to ionising radiation should include foodstuffs of plant origin. An action plan in response to these recommendations should be forwarded to the Commission within two months of the dispatch of the final translated report. This action plan should clearly set out the manner and deadline by which the competent authorities will address these recommendations.

ADDENDUM The Austrian Competent Authorities stated in their response that regarding non- compliances with the sampling procedure for aflatoxins (described in Commission Directive 98/53/EC as transposed), the BMGF has issued a circular to the regional competent authorities containing detailed instructions on the subject. 27

The competent authority should introduce comprehensive inspection and enforcement procedures for controlling the marketing of plant protection products, including follow-up, in accordance with Article 17 of Council Directive 91/414/EEC.

The competent authorities should establish comprehensive controls of the uses of plant protection products, including follow-up, in accordance with Article 17 of Council Directive 91/414/EEC. 23

The competent authority should consider increasing the analytical capacity of the Pesticide Formulation Laboratory.

The competent authority should establish a comprehensive control system and follow-up procedures for pesticide residues in baby foods.

The competent authorities should consider broadening the scope of the sampling plan for analysis of food of plant origin for pesticide residues to include a wider range of commodities and continue to broaden the range of analytes.

The competent authorities should take all necessary steps to reduce the time- lapse between sampling and analysis for pesticide residues and ensure that enforcement and follow-up actions are taken without delay.

In cases of MRL infringements, the competent authorities should put in place a systematic follow-up procedure.

In cases of MRL infringements, the competent authorities should carry out systematic consumer risk assessments for adults and children, taking into account the draft "Proposal on how to notify pesticide residues in foodstuffs in the Rapid Alert System for Foodstuffs" (SANCO/3346/2001).

The competent authorities should establish written procedures for the functioning of the Rapid Alert System in Austria. An action plan in response to the recommendations should be forwarded to the Commission within 2 months of dispatch of the final translated report. This action plan should clearly set out the manner and deadline by which the competent authorities will address each recommendation. 9. ADDENDUM In their response to the draft report, the Austrian authorities stated, in relation to Recommendation 1, that "The mission in question took place at a time when control arrangements for placing plant protection products on the market were being reorganised, with consequent weaknesses in the controls. In response to the mission findings, steps were immediately taken to address these shortcomings. A mandatory controls plan has been drawn up and is now the basis for inspection of holdings. The action plan which will be sent to the Commission within two months of receipt of the translated final report will deal in greater detail with arrangements for carrying out this recommendation." 24

The major deficiencies related to the facilities for products of animal origin in Sopron, Heiligenkreuz, Spielfeld, Villach-Süd, Karawankentunnel and Höchst should be corrected within 6 months of receipt of the translated final report, according to Article 6 of Commission Decision 2001/812/EC.

Action should be taken to correct all other deficiencies noted in the report, mainly related to general findings, staff, training, facilities, equipment, hygiene, documentation, registration, identification and selection of consignments, procedures, transit, kitchen waste and fees. This should be done within 3 months of the receipt of the translated final report, according to Article 6 of Commission Decision 2001/812/EC. 8.2. To the Commission It is recommended that the Commission Services: 8.2.1. Consider withdrawal of the approval of certain categories of the border inspection posts mentioned under 8.1.1, 8.1.2 if satisfactory guarantees in relation to the approval (type of category) are not provided within the relevant time limit by the Austrian authorities, as set out above. 8.2.2. Consider limiting the approval of the border inspection posts Feldkirch-Tisis to HC-T(FR)(2) and NHC-NT and Deutschkreutz to HC-T(2), NHC-NT, U(13), E and O and withdrawal of the approval of Hohenau for U as no satisfactory guarantees have been received for the correction of the deficiencies described in the last report although the relevant deadline has elapsed.

Consider clarification of the special situation of Liechtenstein, which is in a customs union with Switzerland, also in the EEA but not covered by an agreement with the EU in relation to customs supervision of transit consignments.

Consider the transposition of Council Directive 85/73/EEC, as amended and consolidated by Council Directive 96/43/EC in Austria, to determine whether, in relation to the charging of fees in BIPs, it conforms to EC-legislation. 25

Supervision of poultry farms More emphasis should be put on food safety aspects during the supervision of poultry farms.

Approval of establishments If breaking of eggs is carried out in another establishment than the one in which the treatment takes place, the former establishment need to be approved for this activity.

Supervision of egg packing centres The CCA should arrange that the official supervision of the egg packing centres be improved by ­ Increasing the frequency of supervisory visits, ­ Ensuring a better harmonisation of the documentation.

Supervision of egg product establishments The supervision of egg product establishments needs to be improved with regard to ­ Its accuracy, ­ The harmonisation of the documentation, ­ The paperwork for official sampling, and ­ The proper implementation of requirements under Chapter VI, point 2, of the Annex to Council Directive 89/437/EEC6. 7.1.2.5.Own checks ­ Inadequate own check systems should be amended and their documentation improved in order to increase their efficacy. ­ The supervision of the own check systems needs to be improved and harmonised. 7.1.2.6. Trade with eggs and egg products - Trace back ­ The deficiencies in regard to labelling of eggs and egg products should be rectified. ­ A system for a reliable and documented disposal of eggs and egg products unfit for human consumption needs to be established. 6 which imposes certain criteria for the concentration of organic acids in egg products 9 7.1.3. General The CCA should inform the Commission of the measures taken in regard to the improvement of the food safety controls within 2 months after the receipt of the final report unless otherwise specified. 7.2. To the Commission Services The Commission Services should closely monitor the situation as regards to the above-mentioned recommendations to the Central Competent Authority. 8. ADDENDUM TO MISSION REPORT DG(SANCO)/8578/2002 Central Competent Authority's response to the recommendations in the report The CCA of Austria has informed the FVO in their communication of 31 January 2003 on their position regarding the recommendations of the draft report. Implicitly, they accepted most of its recommendations. They also indicated certain corrective actions already taken or planned to be taken, in particular: To recommendation 7.1.1: A draft regulation has been prepared transposing the relevant provision of Directive 89/439/EEC into Austrian law. Its adoption is scheduled for the end of the second quarter of 2003. To recommendation 7.1.2.1: Checks in laying hen farms will be a key action in 2003. For the 2004 Sampling and Reviewing plan (PRP)7, the supervision of poultry farms by the food safety CA8 will be established in addition to the existing veterinary supervision. To recommendation 7.1.2.2: The above mentioned draft regulation imposes a licence for the supply of eggs broken in one establishment to another establishment. To recommendation 7.1.2.3: Food safety controls will be carried out in egg packing centres in accordance with the PRP. In the whole of Austria, a uniform computer programme (ALIAS) is now used for official food safety controls. To recommendation 7.1.2.4: Deficiencies in establishments have been corrected already or will be taken in the future. In addition, the ALIAS programme put in place after the mission harmonises the documentation used for controls. To recommendation 7.1.2.5: Own checks and HACCP deficiencies have been corrected or are further corrected. In addition, in a more general way a working party is elaborating guidelines for the supervision of own check systems. To recommendation 7.1.2.6: In the establishment concerned, intensified checks have been put in place to prevent further deficiencies regarding labelling. The disposal of unfit eggs and egg products has been improved in the establishment concerned. 7 Proben- und Revisionsplan (PRP) 8 Lebensmittelaufsichtsbehörden 10

The competent authorities should consider increasing the number of staff at central level.

The derogation foreseen in the Austrian legislation concerning the ante- mortem inspection on emergency slaughtered animals should be reviewed ensuring that an ante-mortem inspection is always carried out on animals entering the food chain.

Further actions should be taken in order to increase the notification of BSE suspects in the framework of the passive surveillance. With regard to epidemio-surveillance:

To harmonise the approach in the different regions in the framework of control on the eligibility of animals to be sampled or excluded from sampling the central competent authority should consider issuing instructions and/or guidelines.

Control of the active surveillance should be increased and the competent authorities should be provided with the necessary tools to perform the necessary crosschecks against the bovine database to proper monitor the system. With regard to TSE controls on ovine and caprine animals:

The involvement of the relevant competent authorities in the identification and registration of small ruminants should be increased in order to be able to promptly identify the farm of origin and the intermediate farms where small ruminants are reared, kept or moved.

The competent authorities should find a solution to increase the number of small ruminants sampled in the category of animals slaughtered for 18 human consumption. This situation should be strictly monitored, and the relevant Commission services should be kept informed if the allocated number cannot be fulfilled. With regard to the feed ban:

The central competent authority responsible for the feed ban should consider issuing instructions concerning the separation of production, packaging and storage in feed mills producing feed for both ruminants and monogastric and using derogated processed animal proteins.

A targeted approach should be used on samples taken during on-the spot- inspection. To this end samples to be analysed for the presence of prohibited animal proteins should be chosen by the officials in charge of taking the samples. With regard to SRM:

The Austrian competent authorities should consider issuing instructions in order to harmonise the controls on the whole SRM chain. In particular the instructions should focus on: - Records to be kept in the different steps in order to demonstrate that no diversion of SRM occurs; - Official checks to be carried out within/between region/s.

The competent authorities should ensure that SRM are properly stained.

The competent authority should ensure that plastic crates used for the collection of SRM/HRM are properly labelled and dedicated for animal waste. 8.2. TO THE COMMISSION SERVICES 1. The relevant Commission Services should review the discrepancy in the German version of Commission Regulation (EC) No 999/2001 with particular regard to the dentition check of small ruminants included in the TSE monitoring programme. 19 ADDENDUM TO MISSION REPORT 8632/2002 The Austrian competent authorities informed the Food and Veterinary Office by letter of 30 December 2002 of their comments on the recommendations made in the draft report and the corrective actions already taken or planned to be taken. Regarding the follow-up of the previous mission (report 3239/2001) 8.1.1 Staffing According to the central federal authorities, a substantial increase of staff in the BSE surveillance is not under consideration nevertheless, farm-intensive districts got sporadically additional veterinary staff. 8.1.2 ante-mortem inspection on emergency slaughtered animals An amendment of the meat inspection act is to be drafted and to be sent to the parliament for consultation. 8.1.3 Notification of BSE suspects in the framework of the passive surveillance During the annual training for official veterinarians (October 2002) this issue was dealt with again. Furthermore, all clinically sick bovines over 20 months of age are subject to a BSE test, irrespectively whether a BSE suspicion was raised. Regarding epidemio-surveillance 8.1.4 and 8.1.5 Instructions to carry out cross-checks with the central database will be incorporated in an amendment to decree 39.605/34-IX/A/8/2002. As regards a harmonised approach in the regions, explanatory decrees are planned for early 2003. Possibilities for regular cross-checks in the regions with the central database regarding the number of eligible fallen stock, killed and slaughtered bovines are in preparation. Contacts with the central database are already established. In one collection centre direct access for the sample-taking veterinarian to the central database is going to be established. Regarding TSE controls on ovine and caprine animals 8.1.6 Contacts between the official veterinarians and breeding associations are being intensified. A database for sheep and goats is in a planning phase. 8.1.7 In November the number of small ruminants slaughtered for human consumption and examined for TSE has been increased. Nevertheless, it is unlikely that the allocated number of samples in this category can be fulfilled. Regarding specified risk material 8.1.11 and 8.1.12 In their annual conference the official veterinarians were again informed that SRM is to be stained according the legal requirements and that dedicated (and possibly colour-coded) containers have to be used for SRM. 20

As already requested in the fax sent on 28.10.2002, to take the necessary steps to remedy, without delay, the shortcomings found in the cutting plant where the registration system was particularly weak.

To remedy the deficiencies concerning bovine identification and movement controls.

To improve controls on traceability and on labelling of meat and products of bovine origin at various stages in the chain from slaughtering through to purchase by the consumer, especially as regards the keeping of registers and the handling of commercial documents.

To improve veterinary supervision in the various approved establishments, especially in slaughterhouses and cutting rooms, in accordance with Council Directive 64/433/EEC. An action plan covering these recommendations should be drawn up, accompanied by the proposed timetable. This plan should be sent to the Commission within one month of receipt of the final report. 9.2. To the Commission 9.2.1. To evaluate the measures and action plan which the competent Austrian authorities have been asked to submit. 9.2.2. To take appropriate measures should the competent authorities not follow up satisfactorily the recommendations set out in this report. 3 10. Addendum In a letter dated 20 January 2003, the Austrian authorities gave their comments on the factual content of the report. They have also informed the FVO of the measures already taken in response to the conclusions/recommendations set out in the report. 4

There is a complete transposition of the requirements of Council Directive 91/628/EEC (as amended).

Information is provided to other MSs as required by Article 18 of Council Directive 91/628/EEC (as amended) and Article 8 of Council Directive 89/608/EEC.

Information is collected annually for the report to the Commission, which satisfies all the requirements of Article 8 of Council Directive 91/628/EEC (as amended). (4) Commission Decision 2001/298/EC is implemented. (5) All the requirements of Council Directive 93/119/EC are transposed into the Provincial legislation of Burgenland. (6) An update is provided on the state of transposition of Council Directive 93/119/EC in the six provinces, which were not visited during this mission. (7) Injured animals are not transported if this entails further suffering for the animals (Article 12 of Council Directive 93/119/EC). (8) Sick or injured animals, which have experienced pain or suffering during transport or on arrival at a slaughterhouse, are slaughtered immediately or at least within the following two hours (point 6 of Chapter I of Annex A of Council Directive 93/119/EC). (9) Equipment for stunning meets the requirements of Article 6 of Council Directive 93/119/EC. In particular, to ensure turkeys do not receive pre-stunning shocks. 8.2. To the Commission Services (1) The Commission Services should consider initiating infringement procedures against Austria due to the failure to transpose all the provisions of Council Directive 91/628/EEC (as amended). (2) Taking into account the response of the CA to recommendations 8.1.2 (5) and 8.1.2 (6) above, The Commission Services should also consider what measures to take regarding the failure to adequately transpose Council Directive 93/119/EC. 19 9. ADDENDUM TO MISSION REPORT DG (SANCO)/8677/2002 Competent Authority response to the recommendations in the report. In relation to recommendations contained in 8.1.2 of the draft report, the Central Competent Authority for animal welfare during transport, The Federal Ministry of Transport, Innovation and Technology, indicated (1) With regard to recommendations 1 and 3, that work has now begun to amend the Animal Transport Act. (2) With regard to recommendation 2, that the Commission has not asked for any list of contact points in the different Member States. (3) With regard to recommendation 4, 6 and 9 that these areas are not in the competence of the Federal Ministry of Transport, Innovation and Technology. However, it is indicated that some deficiencies detected in the slaughterhouses visited during the mission have already been corrected, and clear deadlines have been established for others.

With regard to recommendation 5, that new legislation has been adopted in Burgenland, that, once published, will ensure the full transposition of Council Directive 93/119/EC. 20

The Austrian authorities should take appropriate measures to address the weaknesses mentioned in chapter 6.1, point (3), in order to continue to improve the supervision of the effectiveness of the inspections carried out by the private inspection bodies.

The Austrian authorities should ensure the implementation of all the legal aspects referred to in chapter 6.1, points (4)19 and (5) concerning the fulfilment of all the organic production requirements and the indication of inspection bodies in the labelling.

The Austrian authorities should inform the Commission of the steps taken to implement the above recommendations within six months of receiving the final report. 19 See comments on this point from the Austrian competent authorities. Organic farming 2001 ­ AUSTRIA - Page 14 of 15 DG (SANCO)/3224/2001-MR Final 9. ADDENDUM On 1 June 2001 the Austrian competent authorities sent extensive comments to the draft report. With regard to the supervision system, in Austria's view, all that can be done is to continue to improve the effectiveness of supervision, which is only possible if enough staff are available. Concerning the fulfilment of the organic production requirements by the operators, the Austrian competent authorities do not give any specific indication on how to overcome the deficiencies observed. Some of the shortcomings are not considered as deficiencies by Austria (e.g. separation of land parcels), or, at least, that the operators meet sufficiently their obligations (e.g. feeding records). Inconsistencies with regard to labelling, particularly the naming of inspection bodies, are intended to be rectified. The Austrian competent authorities still have six months to inform the Commission services of the steps taken to implement the proposed actions. Organic farming 2001 ­ AUSTRIA - Page 15 of 15

Recommendation on the staffing situation · The responsible services need to be sufficiently staffed in order to guarantee that checks on the implementation of the legal requirements for BSE monitoring and control activities can be satisfactorily carried out.18

Provisions for emergency slaughtering and slaughter of sick bovines · The definition of emergency slaughter in the federal Meat Inspection Law should be amended in order to bring it in line with the relevant Community legislation. · Records in slaughterhouses on ante-mortem inspections should be kept in a way, which clearly distinguishes between emergency or sick slaughtered animals and healthy slaughtered animals.

Recommendations on epidemio-surveillance of BSE · The Austrian authorities should fully transpose Commission Decision 98/272/EC, at the least, administrative measures should be issued immediately to implement in particular the definition of a BSE suspect and the supervision of laboratories approved for BSE testing. · There is a need to enforce BSE surveillance in order to encourage all involved parties to notify BSE suspects clearly indicating the suspicion. To carry out the controls the veterinary services at province and district level should be supplied with adequate instructions.

Recommendations on the removal of SRM · A system of effective control of the whole specified risk materials chain should be implemented by the Competent authorities to ensure proper performance of all parties involved. 17 In their response to the draft report the CCA stated that according to the Austrian Constitution direct on-the-spot supervision by the CCA is not possible. 18 In their response to the draft report the CCA stated that, as a fact of the federal personnel policy, an increase of staff can not be expected. 35 · Clear labelling of containers for specified risk materials should be put in place at the points of removal in slaughterhouses. · Staining of all specified risk materials should be carried out according the provisions of Commission Decision 2000/418/EC.

Recommendations on the feed ban · The responsible services of BMSG and BML should co-ordinate their control activities in particular as regards on-farm sampling. · A targeted approach for inspections and sampling should be developed. Sampling at farm level should be enhanced. Clear instruction on the follow- up of unsatisfactory results should be established.

Recommendations on animal identification · The veterinary services at district level should be provided with on-line access to the central bovine database as a matter of priority. · The competent authorities should consider establishing routine queries of the central bovine database targeted at using available information to identify problems (e.g. automatic highlighting of incomplete movements) in order to increase the reliability and consistency of data. · A check of birth notifications as regards matching the breed of the calf and the dam should be added to the existing plausibility checks. · An application should be developed to allow the tracing of offspring to a given dam. 36 ADDENDUM TO MISSION REPORT DG (SANCO)3239/2001 MR FINAL The Austrian competent authorities informed the Food and Veterinary Office by letter of 22 June 2001 of their comments on the draft report and the corrective actions already taken or planned to be taken. Regarding specified risk material: According to the CCA in the cutting plant for bovine heads visited, containers for SRM have been properly marked. Regarding the feed ban: According to the Federal Ministry for Agriculture, Forestry, Environment and Waters (BMLF) official feedinstuff controls will use in future a more targeted approach. From 2001 on 800 additional feed samples will be taken on farm level The co-ordination between the Federal Ministry for Social Security and Generations (BMSG) and the BMLF should improve with the foundation of an Food Safety Agency 37

Staffing situation: The responsible services need to be sufficiently staffed in order to guarantee that checks on the implementation of legal requirements for BSE monitoring and control activities can be satisfactorily carried out.

Emergency and sick animal slaughter: The definition of special emergency slaughtering in the Federal Meat Inspection Law should be amended in order to bring it in line with the relevant Community legislation.

Ante-mortem records: Records in slaughterhouses on ante-mortem inspections should be kept in a way, which clearly distinguishes between emergency slaughtered animals, sick animals slaughtered and healthy animals slaughtered. 27 DG(SANCO)/3309/2001-MR final

Passive surveillance: The Competent Authority should enforce the BSE surveillance in order to encourage the veterinary services at province and district level to handle BSE suspects by following the contingency plan. 8.1.2. Epidemio-surveillance (1) The Competent Authority should amend without delay the active surveillance programme in order to bring it fully into line with the requirements of Regulation (EC) No 999/2001. (2) The Competent Authority should carry out crosschecks on the animals declared at slaughterhouses or at rendering plants not to be eligible for the active surveillance programme against the central bovine database. (3) The Competent Authority should control the surveillance programme required under national legislation in order to demonstrate that all eligible animals were sampled and tested. 8.1.3. Specified risk material (1) The Competent Authorities should implement a harmonised system of effective controls on the whole SRM chain in order to demonstrate the proper performance of all parties involved. (2) Staining of all SRM should be carried out according the provisions of Regulation (EC) No 999/2001, as amended. 8.1.4. Feed ban (1) The Competent Authorities for feed controls should ensure that feed mills producing ruminant feeds and which are also approved for the use of fishmeal for feeds for other species, have a complete separation in production, packing and storage of the materials and the feeds destined for ruminants, as laid down in Commission Decision 2001/9/EC. (2) The relevant services of BMSG and BMLF should establish clear instructions on the channelling of fishmeal as laid down in Commission Decision 2001/9/EC, to be followed by all parties involved in Austria.16 (3) The Competent Authorities for the feed controls should consider to amend the report form used for feed controls in order to record all areas covered during the on-the-spot checks.17 (4) The veterinary services should be informed about feedingstuffs tested positive for processed animal proteins in order to enable them to take appropriate actions. 18 16 In their response to the draft report the Austrian Authorities noted that the reason for a different interpretation between BMSG and BMLF on the requirements for trading fishmeal lies not with the Austrian authorities but in unclear EC legislation. 17 In their response to the draft report the Austrian Authorities noted that they do not necessarily see requirements to remodel the report form used by the competent authorities. 28 DG(SANCO)/3309/2001-MR final 8.2. To the Commission Services As regards the feed ban, the Commission services should evaluate the needs for provisions for the trade of compound feeds containing nearly 100% fishmeal and which are produced with the intention to circumvent the channelling requirements for fishmeal as laid down in Commission Decision 2001/9/EC. 9. ADDENDUM TO THE MISSION REPORT The Austrian competent authorities informed the Food and Veterinary Office by letter of 7 March 2002 of their comments on the recommendations made in the draft report and the corrective actions already taken or planned to be taken. Regarding the follow-up of the previous mission · Staffing According to the central federal authorities, a substantial increase of staff in the BSE surveillance is not under consideration nevertheless, farm-intensive districts got sporadically additional veterinary staff. · Animals subject to emergency slaughter or sick slaughtered animals An amendment of the definition of emergency slaughter was brought on the way to bring it in conformity with EC regulation. The relevant amendment of the legislation is under consultation. Given the agreement in parliament, the amendment will enter in force in the first half of 2002. · Records on ante-mortem examinations With Ordinance of 8 February 2002 the CCA gave instructions as regards highlighting emergency and sick animal slaughter in the ante-mortem records: In the records it is clearly to indicate if in the ante-mortem inspection abnormal conditions were observed. The reason of objection has also to be recorded. · Passive surveillance As regards the measures to be taken in a BSE suspect, clear instructions were issued by the CCA of 18 January 2002 concerning the clinical picture and to implement Regulation (EC) No 999/2001 completely. Regarding epidemio-surveillance · In connection with an amendment of the Law on Meat Inspection the epidemio- surveillance will be amended and is just to be published. 18 In their response to the draft report the Authorities of the BMLF noted that the information of the veterinary services about positive feed samples is in general not useful. A tracing back can only take place in well-grounded aggravated cases or on a random basis. The Authorities of the BMSG noted that on farm level a concerted approach between official veterinarian and federal authorities responsible for the feed controls take place 29 DG(SANCO)/3309/2001-MR final · In order to facilitate queries concerning the age of slaughtered animals and fallen stock, consultations started with the responsible of the central bovine database. The official veterinarians responsible for the meat inspections have got access to the central bovine database. Staff involved in BSE sampling was instructed to carry out on a routine basis immediately random cross-checks. Regarding specified risk material · Harmonised control system According to the CCA, the possibility for reconciliation was improved by amending the Meat Inspection Regulation and the Regulation concerning disposal of animal materials as regards recording obligations of type and amount of SRM. · Staining The provinces were asked to inform the district administrations and the official veterinarians for meat inspection about the staining obligations and to ensure its implementation. Regarding the feed ban: · Separation of production lines According to the CCA, immediately after the visit of the feed mill the feed manufacturer ordered on a voluntary basis to use the production hall not longer as storing facility. 30

To ensure that immediate actions are taken to correct the deficiencies found in the unsatisfactory dairy establishment in Tyrol.6

To take the necessary measures to ensure that no technical casein is processed in an approved dairy establishment into milk products for human consumption and to enforce the supervision of casein processing in Austria.6

To enforce and monitor the inspections of dairy holdings in all Länder, including the checks for keeping of sanitary registers.

To ensure that there are sufficient and competent staff available at the central and Länder CA level to address the issues raised in this report.

To ensure the national reference laboratory has a sufficient budget and enough staff to perform its co-ordination duties.

To reinforce the co-operation between the different CA responsible for dairy hygiene control at the Land level and to clarify their responsibilities.

To ensure that approved milk processing establishments only process milk-based products and raw milk that fulfil the requirements of Council Directive 92/46/EEC.

To ensure that official sampling is carried out on end products in the dairy plants and that the analysis reports contain all necessary details.

To ensure that the system for the rejection and re-authorisation of the raw milk collection in Austria meets legislative EC requirements, and that all parts of the raw milk quality control system are subject to official supervision. To transmit to the Commission, within 3 months of receiving the translated copy of the final report, an action plan with a schedule indicating how Austria will address the conclusions and recommendations of this report. In respect of recommendations 8.1.1. and 8.1.2, and taking into account the very serious nature of the problems found, a deadline of 16 October was set in a letter, dated of 12 October 2001, from the Commission to the Austrian Competent Authority. 6 Satisfactory guarantees were received from the Austrian CA on 16 October 2001, with regard to the casein processing plant and the dairy establishment with significant deficiencies in Tyrol. 18 8.2. To the Commission Services 8.2.1. To follow closely the action taken by the Austrian Authorities in response to this report especially in respect of the processing of technical casein and the unsatisfactory establishment in Tyrol. 8.2.2. To consider whether further action is needed at European level in respect of controls over technical casein. ADDENDUM Competent Authority response to the draft report In its letter dated 4 January 2002 responding to the draft report, the Competent Authorities made some comments, which have been included in the report. The Competent Authorities of the two Länder visited (Lower Austria and Tyrol) have already carried out some actions to meet the recommendations 8.1.3, 8.1.7, 8.1.8 and 8.1.9. In addition, the Competent Authorities of Tyrol have increased their food hygiene staff by two (recommendation 8.1.4.). 19

The Commission should consider initiating infringement proceedings on the grounds that the EC requirements have not been complied with, in particular regarding the full transposition of the Council Directive 93/119/EEC and Council Directive 88/166/EEC.

The Commission should consider developing guidelines to be used by the Member States in regard to the supervision of fresh poultry meat production. 1.30. Recommendations to the Member State (1) The competent authorities of Austria should rectify the deficiencies found in the different establishments visited and referred to under the different conclusions in Section 5 above. In particular, attention should be paid to the rectification of deficiencies in the field of approval conditions. PAGE 38 (2) The competent authorities of Austria should take appropriate measures to rectify any deficiencies of the same type found during this mission in all the other approved establishments in Austria.

A list of establishments approved in accordance with art. 7 of Council Directive 71/118/EEC should be transmitted to the Commission Services.

The competent authorities of Austria should rectify the deficiencies referred to under the different conclusions in Section 5 above concerning the veterinary control on zoonoses, animal welfare at the time of slaughter and welfare of laying hens kept in battery cages.

The competent authorities of Austria should address the weaknesses in the supervisory systems at the different levels in order to establish uniform implementation of the legislation in all the Länder.

Within three months after the receipt of the final report the competent authorities of Austria should inform the Commission of the progress and results of the measures taken, including a timetable for completion, within a reasonable period, of measures and actions still outstanding at that time. ADDENDUM TO MISSION REPORT DG(SANCO)1009/2000 Competent Authority's (CA) response to the recommendations in the report The CA has stated in their comments on the draft report and on the working document that, in regard to the deficiencies noted in the establishments visited during the FVO inspection, steps have already been taken to correct them or appropriate measures have been introduced. In particular, corrective action or steps have already been taken PAGE 39 concerning: use of immersion chiller, use of potable water, use of health mark, veterinary supervision of the establishments and the slaughter hygiene. In the three establishments where significant shortcomings were noted, the CA has already stated in detail, in their letter of 7 July 2000, that the measures required to correct them have already been introduced. Where major restructuring is required, special temporary instructions and changes to working procedures will ensure hygienic production conditions. About control of zoonosis concerning the deviation from the sampling method related to hatching eggs of foreign origin, the Austrian veterinary authorities can not carry out any controls or measures in foreign breeding flocks. Attempts have been made, however, to solve the problems through trade agreements between holdings and improvements in sampling. Concerning maintaining intervals for sampling and recording inspection results, the introduction of the central data bank, planned for 2001, should bring improvements. PAGE 40

It is suggested that the reporting of the regional authorities of Länder is more frequent than yearly in order to improve the central planning from the federal authority4.

Further development of risk based assessment and its implementation at the regional level of Länder should be followed.

Further training of inspectors on risk base assessment of the food establishment will increase the effectiveness of the inspection

The use of additional inspectors by the regional authorities of the Lower Austria and of Upper Austria is recommended to improve the number of visits per inspector in relation to the same figure for the regional authority of Wien in order to improve inspection follow up.

The EDP system used for food control by the Länder of Wien, Upper Austria and Lower Austria should be extended for the rest of the regional authorities and all problems of its application in food control should be solved. Additional training of inspectors for the better application of this system is encouraged.

Inspection reports should be given to food operators after every visit by the authorities and kept in the establishment as a reference.

All food inspectors should participate in a practical HACCP control training and a programme should be developed towards this target (priority).

The competent authority should look upon the food operators' awareness of the HACCP plans applied to food establishments.

Inspection procedures should be standardised among regional authorities of Länder and training should be given for the follow up. A follow up and updating procedure should be put in place to keep inspections up to current standards.

Due to the extra work such as the co-ordination of the Länder activities and the promotion of the Guides of Good Hygiene Practice for the implementation of the 4 On this point the Austrian authorities made comments which are attached to the report 26 . Council Directive on hygiene 93/43/EEC, the central authorities should allocate more resources at the central level.

Concerning the use of infrared thermometers, every inspector should be aware of its large variability.

Checklists should be developed further and incorporated within the inspection procedures of every food control of the Länder.

The mission team recommends that in cases where consultancy under fees is undertaken in parallel with the official control within the same organisation samples must be coded and full anonymity must be assured throughout the examination of these cases and samples. In addition different employees should be used for these different functions and people that carry out private contract consultancy tasks should not be involved in food control.

Within a period of six months after the dispatch of the final report the central authorities should produce a programme in response to these recommendations. 9. ADDENDUM Competent authority response to the recommendations in the report The competent authorities have included in their comments additional information on current and future training for food inspectors that is organised to reinforce the knowledge of inspectors in the training issues. Apart from training the competent authorities, in their comments, did not forward to the Commission any further concrete details of actions, which have already been taken or will be taken to implement the recommendations given in the report. 27 .

It is suggested that the reporting of the regional authorities of Länder is more frequent than yearly in order to improve the central planning from the federal authority4.

Further development of risk based assessment and its implementation at the regional level of Länder should be followed.

Further training of inspectors on risk base assessment of the food establishment will increase the effectiveness of the inspection

The use of additional inspectors by the regional authorities of the Lower Austria and of Upper Austria is recommended to improve the number of visits per inspector in relation to the same figure for the regional authority of Wien in order to improve inspection follow up.

The EDP system used for food control by the Länder of Wien, Upper Austria and Lower Austria should be extended for the rest of the regional authorities and all problems of its application in food control should be solved. Additional training of inspectors for the better application of this system is encouraged.

Inspection reports should be given to food operators after every visit by the authorities and kept in the establishment as a reference.

All food inspectors should participate in a practical HACCP control training and a programme should be developed towards this target (priority).

The competent authority should look upon the food operators' awareness of the HACCP plans applied to food establishments.

Inspection procedures should be standardised among regional authorities of Länder and training should be given for the follow up. A follow up and updating procedure should be put in place to keep inspections up to current standards.

Due to the extra work such as the co-ordination of the Länder activities and the promotion of the Guides of Good Hygiene Practice for the implementation of the 4 On this point the Austrian authorities made comments which are attached to the report 26 . Council Directive on hygiene 93/43/EEC, the central authorities should allocate more resources at the central level.

Concerning the use of infrared thermometers, every inspector should be aware of its large variability.

Checklists should be developed further and incorporated within the inspection procedures of every food control of the Länder.

The mission team recommends that in cases where consultancy under fees is undertaken in parallel with the official control within the same organisation samples must be coded and full anonymity must be assured throughout the examination of these cases and samples. In addition different employees should be used for these different functions and people that carry out private contract consultancy tasks should not be involved in food control.

Within a period of six months after the dispatch of the final report the central authorities should produce a programme in response to these recommendations. 9. ADDENDUM Competent authority response to the recommendations in the report The competent authorities have included in their comments additional information on current and future training for food inspectors that is organised to reinforce the knowledge of inspectors in the training issues. Apart from training the competent authorities, in their comments, did not forward to the Commission any further concrete details of actions, which have already been taken or will be taken to implement the recommendations given in the report. 27 .

Provide a response within one month of receipt of the translated final report, giving details of the actions, taken and planned to address the deficiencies relating to the facilities (construction only) referred to in this report; along with a timetable for completion of these actions. The deficiencies related to the construction of the facilities in Deutschkreutz (live animals), Berg (live animals), Wullowitz -road (poducts and live animals), Wullowitz - rail (products) and Linz (products) should be corrected within one month of receipt of the translated final report. All other deficiencies related to the construction of the facilities should be corrected within six months of receipt of the translated final report and in particular for: - Wien-Schwechat, Deutschkreutz and Feldkirch-Tisis: the facilities for products; - Wien-Schwechat and Feldkirch-Tisis: the facilities for live animals,

Provide a response within one month of receipt of the translated final report, giving details of the actions, taken and planned to address the other deficiencies referred to in this report (general findings, veterinary staff, equipment, hygiene, documentation, registration, identification and selection, procedure, kitchen waste and fees) along with a timetable for completion of these actions. In any event all deficiencies should be corrected within 3 months of receipt of the translated final report and in particular: Veterinary staff: Shortage of staff in Nickelsdorf, Wullowitz-road and Feldkirch-Tisis. All staff should use the possibility of adequate training in particular in relation to procedures and systems for identification and selection of consignments. Procedures: Austria should ensure that the veterinarians in the BIPs improve their systems for obtaining information on incoming and o16u/1t0g/0o0in- 4g2914 19 DG (SANCO)/1028/2000 ­ MR Final consignments and take an active part in order to guarantee that all consignments related to veterinary checks from third countries arriving in the BIPs are under the supervision of the official veterinarians and are checked in accordance with the import requirements to this. Austria should ensure that all non-EU-conform consignments on its territory leave the BIPs to third countries according to Article 11 of Council Directive 97/78/EC. Hygiene: Hygiene must be improved in particular in Wien-Schwechat. 8.2. To the Commission It is recommended that the Commission Services: 8.2.1. Consider withdrawal of the approval of the border inspection posts mentioned under 8.1.1. if satisfactory guarantees in relation to the approval (type of category) are not provided within the relevant time limit by the Austrian Authority and/or if the time limits are not met. 8.2.2. Consider limitation of the approval for Wien-Schwechat and Linz to packed products only.

Consider an evaluation and an improvement of the ANIMO-system set up for the exchange of information for movements of certain products of animal origin and live animals.

Consider evaluation of Article 11 of Council Directive 97/78/EC in the case of passage by rail or by waterway through the territories for consignments that leave the EU.

Consider the Austrian transposition of Council Directive 85/73/EEC, amended and consolidated by Council Directive 96/43/EC be assessed to determine whether, in relation the charging of fees in BIPs, it is in line with EU-legislation.

Consider reviewing of the model of the Annex B laid down in Commission Decision 93/13/EEC with regard to the requirements laid down in Articles 5 and 11 of Council Directive 97/78/EC.

Evaluate the possibility of an animal health risk of temporary imported horses which exceed the given period. 16/10/00 - 42914 20 DG (SANCO)/1028/2000 ­ MR Final 9. ADDENDUM TO MISSION REPORT DG(SANCO)/1028/2000 Statements of the Competent Authority to the recommendations in this report 9.1. Response to recommendation 8.1.1 For Wien-Schwechat a planning project is to be worked out by the airport operator. As soon as available, the layout and time-scale will be submitted. An extension of the customs area in Feldkirch-Tisis is projected for the year 2001 including an extension of the BIP-facilities for administration and hygiene). The housing facilities in the BIP Berg are being refurbished including a crush for cattle. 9.2. Response to recommendation 8.1.2 Concerning places of introduction in accordance with the officially published list 1999/C 356/02 the competence lies in the "Bundesministerium für Land- und Forstwirtschaft, Umweltschutz und Wasserwirtschaft". At Wullowitz the veterinary staff have increased by 20 hours per week since 01.09.2000. In Nickelsdorf and Tisis an increase of the veterinary staff will take place by additional 20 administrative hours per week for each BIP is planned from 01.10.2000. At Deutschkreutz additional training was initiated. In all relevant BIPs the technical equipment for handling NHC-products is being completed. For Berg the technical equipment for live animals will be completed. The instructions for customs services were updated by the "Bundesministerium für Finanzen" to overcome a lack of control in certain types of casein. For Drasenhofen, Berg, Nickelsdorf, Wullowitz-road and Linz the responsible public building administration ("Bauverwaltung"), respectively the airport operator was informed about hygienic deficiencies. Corrective measures are agreed on (Linz), or already in progress (Drasenhofen, Berg, Nickelsdorf), or already carried out (Wullowitz-road). The system of pre-notification will be enforced. 16/10/00 - 42914 21 DG (SANCO)/1028/2000 ­ MR Final The present model of the Annex B as laid down in Commission Decision 93/13/EEC does not correspond with the necessities of Council Directive 97/78/EC. As soon as there is a new model of Annex B available, which is conform to the regulations provided in the above mentioned directive, it is to be implemented immediately. Other shortcomings related to documentary checks and to decision on consignments will be rectified by means of internal instructions, internal audits and training programs. Instruction was given to reduce the frequency of physical checks only in completely harmonised products. The frequency in blood sampling in equines was adopted. The BIPs have been instructed to send ANIMO-messages as foreseen in EC- legislation. Instruction was given to also check consignments for animal welfare requirements. At Linz airport a system has been installed which will allow an on-the-spot control of the destruction of kitchen waste. Even implemented as a transposition of EC-legislation, the national regulations on fees will be scrutinised for conformity with Council Directive 96/43/EC. 9.3. Response to recommendation 8.2.2 For the BIPs Wien-Schwechat and Linz the limitation of the approval to packed products is only a clarification on the fact that in air traffic only packed products are transported. 16/10/00 - 42914 22

District 1 1 Laboratory service Central/reference Farms Slaughterhouse Rendering premises 2%-(&7,9(6 2) 7+( 0,66,21 The objective of the mission was to examine the legislation, structures and procedures which have been introduced in Austria and which are intended to give effect, in the event of one or more outbreaks of either disease, to the contingency plan. This was the first mission undertaken to Austria for this purpose. It formed part of a wider series of missions to all Member States evaluating control systems and operational standards in this sector. /(*$/ %$6( The mission was carried out under the general provisions of Community legislation and, in particular: · Council Directive 80/217/EEC1 of 22 January 1980 introducing Community measures for the control of classical swine fever. 1 Official Journal L 047, 21/02/1980 p. 0011 - 0023 4 · Council Directive 90/423/EEC2 of 26 June 1990 amending Directive 85/511/EEC3 of 18 November 1985, introducing Community measures for the control of FMD. · Commission Decision 91/42/EEC4 of 8 January 1991 laying down the criteria to be applied when drawing up contingency plans for the control of FMD, in application of Article 5 of Council Directive 90/423/EEC5. · Commission Decision 98/139/EC6 of 4 February 1998 laying down certain detailed rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in Member States. %$&.*5281' +LVWRU\ The FMD and CSF non-vaccination policy adopted by the EU together with increasing trade, reduction in border controls and the illegal movements of animals have increased the risks of an outbreak and have highlighted the importance of developing suitable contingency plans. As a consequence, Community legislation requirements have been put in place and each Member State is required to draw up a contingency plan and a manual of operations for the two diseases. Between 1973 and 1975 a number of outbreaks of FMD were recorded in Austria; the isolates were of type O and C. The last two outbreaks were declared in 1981 in Lower Austria. The first involved a herd of five pigs and the second a herd with 37 cattle. The virus isolated in the two outbreaks was type O. The source was not identified but an illegal import or swill feeding were suspected. CSF was first reported in Austria in 1921. A number of outbreaks were recorded between 1990 and 1994 and one in 1995 in Lower Austria in a large modern farm, not involved in swill feeding or import. Two outbreaks of CSF in wild boar were declared in July 1996 also in Lower Austria, close to the border with the Republic of Slovakia. Since May 1997 Austria has been declared free of CSF both in domestic and in wild swine. /LYHVWRFN SRSXODWLRQ The general livestock census is carried out each year and is based on on-farm checks. The number of herds, with the exception of those containing pigs 2 Official Journal L 224, 18/08/1990 p. 0013 - 0018 3 Official Journal L 315, 26/11/1985 p. 0011 - 0018 4 Official Journal L 023, 29/01/1991 p. 0029 - 0030 5 Official Journal L 224, 18/08/1990 p. 0013 - 0018 6 Official Journal L 038, 12/02/1998 p. 0010 - 0013 5 and horses has dropped between 1997 and 1998. For cattle a reduction in the number of animals (1.59% in 1998 and 3% in 1997) and herds (from 107,824 to 103,703) has been registered. Cattle herds are mainly located in Upper Austria (Oberösterreich), Styria (Steiermark) and Lower Austria (Niederösterreich). The number of pigs increased slightly in 1998 by 3.5% but the number of pig holdings in the country decreased by 5.16%. 89% of the pig population is kept in Upper Austria, Lower Austria and in Styria provinces with an increase in the number of holdings of 0.4%. After years of continuous increases in the sheep population a considerable decrease was registered in 1998 (5.95% for animals and 5.29% for flocks). Most of the sheep are located in the Tyrol followed by Styria, Lower Austria, Carinthia and Upper Austria. The goat population, which is smaller than that of sheep has also decreased in 1998 (7% and 5.53% in animals and flocks respectively). The goat population is concentrated in Upper Austria (23%) followed by the Tyrol. 7DEOH /LYHVWRFN SRSXODWLRQ Source: Veterinary Report 1998, (Veterinär-Jahresbericht 1998) %81'(6/b1'(5 &$77/( 3,*6 6+((3 *2$76 Burgenland Nr animals Nr animals Nr animals Nr animals Kärnten Herds Herds Herds herds Niederösterreich Oberösterreich 28.015 111.021 4.275 544 Salzburg Steiermark 198.361 206.203 52.001 5.458 Tyrol Vorarlberg 506.720 1.107.009 58.243 12.149 Wien 727$/ 653.894 1.249.909 50.088 12.521 167.703 21.881 31.817 3.823 362.493 1.057.502 61.607 6.461 193.905 38.406 90.792 11.358 60.508 17.417 11.592 1.863 82 962 397 67 2.171.681 3.810.310 360.812 54.244 6 ),1',1*6 6WUXFWXUH RI WKH 9HWHULQDU\ 6HUYLFHV From 1 April 2000, the Veterinary Services (9HWHULQlUYHUZDOWXQJ), the central competent authority (CCA), come under the Federal Ministry of Social Security and Generations (%XQGHVPLQLVWHULXP IU 6R]LDOH 6LFKHUKHLW XQG *HQHUDWLRQHQ). The CCA's duty is the elaboration of legislation and the supervision of the implementation of such legislation, in the field of both animal and public health. If provinces (%XQGHVOlQGHU) fail to comply they may be taken to the Constitutional Court. The Federal Veterinary administration is divided into six departments: meat hygiene, animal health and disease eradication, imports from third countries, control of drugs, feed control and intra-Community trade. There are a total of 14 veterinarians employed in these six departments. All the aspects related to the elaboration and implementation of the contingency plans are covered by the animal health and disease eradication department. This department is further divided into two sections: the first budget and laboratories and the second list A diseases. The staff in the department comprises three veterinarians, with one post vacant. In each of the provinces there is a Director who is responsible for the implementation and co-ordination of the measures on animal and public health in all the administrative districts of the province. Animal welfare is also included. At provincial level the total number of official veterinarians is 74 and at district level 134 (1-3 veterinarians per district according to the size and animal population). Under the Austrian Animal Health Act, practitioners may be hired to assist official veterinarians during emergencies or vaccination campaigns where insufficient permanent staff is available. If they are involved in the eradication of a notifiable disease, they cannot practise at the same time. The Federal Government is in charge of the payment for the practitioners recruited. In Styria (Steiermark) there is a policy of employing practitioners as part time official veterinarians for 20% of their time. This temporary staff is mainly used for meat inspection and in the screening for diseases such as tuberculosis, brucellosis and leucosis. The provincial governor, as the principal authority in the province, plays an important role in case of an outbreak. His/her tasks are related to crisis management, public information and organising assistance. The provincial governor is also responsible for contacts with the police, army and fire brigade, and for staff and equipment resources. 7KH )0' DQG &6) FRQWLQJHQF\ SODQV The annex to Commission Decision 91/42/EEC sets out criteria for FMD contingency plans. Commission Decision 99/246/EC establishes that these criteria will be applied PXWDWLV PXWDQGLV when drawing up contingency plans for the control of CSF. The CSF contingency plan currently in place in 7 Austria was approved by the Commission in 1999 (Commission Decision 99/246/EC). For FMD the contingency plan prepared in 1996 has recently been amended, in March 2000. Both plans follow the guidelines prepared by the veterinary and zoo-technical legislation division on contingency plans for epidemic diseases (Commission document VI/5211/95). &XUUHQW VWDWH RI LPSOHPHQWDWLRQ RI WKH FRQWLQJHQF\ SODQV /HJDO SRZHUV General legislation concerning animal health and, in particular, the control of FMD and CSF is in place in Austria, and Community legislation has been transposed into national law. In case of a threat of infection or spread of FMD or CSF, the Federal Government is empowered to take whatever eradication and control measures it deems necessary. A number of acts have been adopted to legally authorise the veterinary services to implement the contingency plans: · Animal Health Act (TSG) RGBI. Nr. 177/1909, 7LHUVHXFKHQJHVHW] 5*%, · Regulation on classical swine fever BGBI Nr. 678/1995, 6FKZHLQHSHVW 9HURUGQXQJ %*%, 1U · Provisions to implement the regulation on protective and eradication measures in order to combat CSF, GZ 39.606/10-III/A/4/95, 'XUFKIKUXQJVEHVWLPPXQJHQ ]XU 9HURUGQXQJ EHU 6FKXW]XQG 7LOJXQJVPDQDKPHQ ]XU %HNlPSIXQJ GHU .ODVVLFKHQ 6FKZHLQHSHVW EHL +DXVVFKZHLQHQ *= ,,,$ . · Wild board regulation on CSF, Nr 427/1994, :LOGVFKZHLQH 6FKZHLQHSHVWYHURUGQXQJ 1U . · Decree on disinfection GZ 39.505/6-III/A/4b/96, 'HVLQIHNWLRQVHUODVV *= ,,,$E . )LQDQFLDO SURYLVLRQV All the expenses involved in an outbreak are covered by a supplementary budget of the Federal Government. The financial provisions in an outbreak of FMD or CSF are laid down in the Animal Health Act (TSG) RGBI. Nº 177/1909 and include the costs incurred in: · investigations carried out prior to the declaration of the disease, · diagnosis carried out in the NRL, · measures taken in the protection and surveillance zone, · slaughter of animals (positive and/or suspicious), · destruction of carcasses and contaminated materials, 8 · supervision and establishment of sanitary barriers with third countries and controls over the livestock in border areas, · remuneration of practitioners if employed as additional staff, · cleaning and disinfection procedures, · compensation payments for materials destroyed or damaged as part of hygiene or disinfection measures by the CA. There is no guarantee in law that compensation to farmers would be paid within sixty days of animals being slaughtered, as proposed in the Commission Guidelines on Contingency Plans. The CA declared that the compensation to farmers is made between 3 to 6 months after the slaughter of animals. Valuation is made by an "appraisal commission" consisting of the official veterinarian, two experts from the locality plus a practitioner of the farmer's choice. This applies to cattle and breeding pigs only. The price of piglets and fattening pigs (and poultry) are determined by a scale based on the market. There is no National Insurance scheme for farmers but some provincial governments have special funds to cover non-notifiable animal diseases. &KDLQ RI FRPPDQG DQG 1'&& The Federal Chancellor is responsible for all legislation regarding FMD and CSF. The CVO is responsible for the implementation of the legislation, for all national measures regarding the elimination of the diseases, for the operation of the NDCC and for the co-ordination, if an outbreak crosses provincial boundaries, of the activities of the provincial authorities concerned. The provincial veterinary authorities are responsible for the establishment of the LDCCs and the DDCCs and for the implementation of the eradication and control measures at provincial (%XQGHVOlQGHU) and administrative district level (9HUZDOWXQJVEH]LUNH). The chain of command, and the connections that should be established between the three different levels, is well-defined and there is constant contact between them. The tasks of the NDCC are laid down in the plans and include contacts with: NRL, LDCCs, press and other media and the Federal Ministries for Land and Forestry, Foreign Affairs and Finance. Contacts are also established with the heads of the Provincial Government of the Bundesländer, the Veterinary University, and the Federal Chambers of veterinarians and economists. The NDCC is also in charge of reporting disease outbreaks to the Commission, Member States, international organisations and neighbouring third countries. Further tasks include the establishment of vaccination areas and the distribution of vaccine if emergency vaccination is considered. Additional staff may be recruited by the NDCC when the number of official veterinarians is considered to be insufficient to carry out all the necessary measures. 9 The amendments and the recommendations introduced into the contingency plans and/or in the manual of operations are also under the responsibility of the NDCC. No specific facility in the headquarters of the Federal Veterinary Services has been designated as the NDCC and no telephone or fax lines are available exclusively for emergencies. The list of official veterinarians, organisations and people to be contacted was available. At present, there is no direct computerised access to the bovine identification database (AMA) and the information requested by the Federal Veterinary Services is sent out from the AMA by e-mail. The AMA is however only accessible for four and a half days per week. It was indicated by the CA, that direct computer access to AMA would be established in the next six months. In order to make decisions on disease control the NDCC relies on information received from the LDCCs. There is considerable variation in the data registration systems used by the nine provinces. In five of them the GIS is in place. However, in Upper Austria and Lower Austria, where the livestock population is highest, the registration system is not tied in to a mapping programme. Significant differences exist between Styria and Upper Austria in relation to the quality of information registered and the time taken to convey this to the NDCC. 3URYLQFLDO 9HWHULQDU\ 6HUYLFHV Each of the nine provinces (%XQGHVOlQGHU) has its own veterinary service, with its headquarters in the capital city of the province. In the event of an outbreak, the headquarters office would become the LDCC. In addition, a DDCC would be established in the veterinary office of the administrative district or districts (9HUZDOWXQJVEH]LUNH) directly involved. The LDCCs are under the direction and supervision of the Director of the Provincial Veterinary Service who is responsible for the co-ordination and implementation of all measures concerning animal and public health in the province. The tasks of the LDCCs consist of: · reporting to the NDCC, · the establishment of protection and surveillance zones and all the measures related to animal health within these zones, · epidemiological inquiries, · the provision of the necessary personnel and equipment resources, · the killing of infected animals and cleaning and disinfection procedures, · contacts with the police and other organisations and with local media. Official veterinarians may visit farms at any time. The visits may be to check the possibility of disease or in connection with animal identification, livestock movement, swill feeding, residue control, animal welfare or screening programmes. 10 6W\ULD 6WHLHUPDUN The Provincial Veterinary Service is based in Graz. The staff in the office consists of six official veterinarians, three of them dealing with epidemic diseases. In an emergency the staff can be reinforced. Adequate administrative support was found. In addition to the LDCC itself a provincial centre used as a command post for all kind of emergencies is available to the veterinary services. In an outbreak, two official veterinarians are sent to this centre which is equipped with communication and meeting facilities. Styria is divided into 17 administrative districts and 545 municipalities, one DDCC is located in each district. A total of 40 full-time and 40 part time official veterinarians (average one or two practitioners/district) work at district level. In the province, about 150 practitioners work in animal production. Practitioners maintain a close contact with the official veterinarians and must submit a periodic report to the Provincial Veterinary Service. The report contains information about the farm hygiene, feeding, vaccines used, animal registration and the presence of symptoms of notifiable or zoonotic diseases. The preparedness and awareness of the staff were found to be satisfactory and the duties at local and district levels well defined. The geographical co-ordinates of all the farms are included in the GIS. For any farm a census of all species can be obtained and maps can be created. Farms can be identified on the map and surveillance and protection zones established. The system can also present an aerial photo of an area of 0.3 sq. Km. Slaughterhouses, cutting plants, main roads, etc., are also included in the system. The movement of cattle, sheep and goats can be traced but not the movement of pigs. Meetings at local level are organised on a regular basis mainly for surveillance programs. Slides, videos, brochures and information sheets were available in the Provincial Veterinary Service. 8SSHU $XVWULD 2EHU|VWHUUHLFK The Provincial Veterinary Service is based in Linz. There are seven official veterinarians, three of them responsible for animal health, and the recruitment of two more is in progress. One official veterinarian plus a lay assistant are based in each of the District Veterinary Offices in the fifteen districts and three "statutory cities" in Upper Austria. A total of 196 practitioners are included on the list of personnel eligible to be recruited if necessary to reinforce the staff. Recent graduates and specialist small animal practitioners may not be used for official tasks. 11 The mission team observed that at the Provincial and District Veterinary Offices visited, no clear tasks were defined for the staff in the case of an outbreak. A computerised database with the register of herds and the number of animals (cattle, pigs, sheep and goats) was used in the Provincial Veterinary Service. Some tables with cattle and sheep herds were shown to the mission team. Information on pig holdings could not be printed out because of technical problems in the design of the programme. Using the system it was not possible to establish the number of farms within a radius of 3 or 10 km of a specific holding and therefore, the establishment of protection and surveillance zones must be done municipality by municipality. As a consequence, the location of all the herds existing in the protection and surveillance zones is highly time consuming. In the District Office visited the herd register was available on paper

The competent authority submitted comments on the draft report which were taken into consideration prior to the preparation of the final report.

In these comments the CA made the following comments on several of the above recommendations: Regardi 1 the EU-approval granted to the staging point was withdrawn from the private operator shortly after the inspection. 21 Regarding 8.1.3, Upper Austria has transposed Directives 91/629/EEC and 91/630/EEC and that the relevant Decree and amendments were subject to the EU notification procedure. The Commission has raised no objections after nine months' examination. Regarding 8.1.4, monitoring the transposition of Land legal provisions is not provided for in the Austrian constitution. Regarding 8.1.6. the Commission has not yet issued more detailed instructions concerning the inspections (or the reports) as laid down in article 7 of Directives 91/629/EEC and 91/630/EEC. 22

Central Competent Authority - A closer formal co-operation should be established between central and Länder authorities. - Continuous technical training for the food inspectors should be organised. A closer and regulated co-operation between veterinary services and foodstuffs inspection services could be envisaged. - All of the provisions of the recently adopted "Fischuntersuchungsverordnung" should be completely implemented, in particular the registration procedure of fish farms, the registration system of veterinary treatments in the fish farms and the inspection of farmed fish before being placed on the market. Precise instructions should be issued for the Länder services responsible for its implementation.

Inspection of Establishments/Establishments visited The deficiencies concerning lay-out and standard of operating hygiene in the establishments visited by the FVO inspection team, should be rectified. A programme for re-inspection of the approved premises should be drawn up by the competent authority in order to take similar actions, where necessary, in the establishments not visited during the present mission. Own-checks by plant management - HACCP system - Own checks on products and water, namely microbiological analyses, should be carried out regularly, in the approved establishments. - The HACCP plans should be re-assessed by the competent authority and regular monitoring and verification procedures should be implemented by the establishment management. Official supervision Official sampling of fishery products for laboratory tests should be carried out in all approved establishments in order to verify the validity of the own-checks programmes.

Written guarantees Written guarantees should be forwarded to the European Commission services: - in respect of the point listed under 7.1.1., second indent, not later than three months after receiving the final report; 12 - in respect of all the remaining points listed above, including a detailed timetable for the necessary corrective actions, not later than six months, after receiving the final report. 7.2. To the Commission Services To consider drawing up guidelines for the competent authorities carrying out the evaluation for HACCP plans in establishments. 13 ADDENDUM TO THE MISSION REPORT DG SANCO/1144/2000 Answer of the competent authority to the recommendations of the report The Austrian competent authority has sent comments to the report. Their comments will be published with the final report on the Internet site of the Directorate-General Health and Consumer Protection. Written guarantees about corrective actions in response to the recommendations of the report are still awaited. 14

To prepare and implement documented systems for the monitoring of the performance of official services at regional (Bundesländer) and local level by the central official services.

To develop documented programmes to record the results of monitoring and control activities over operational standards in game processing establishments. Page 13 of 14

To introduce additional controls to ensure the correct use of national and EU health marks.

To correct the deficiencies identified at the establishments visited, and to ensure that all other game processing premises comply with the requirements of the relevant EU legislation. The Austrian authorities should prepare an action plan to address both the above general recommendations, and the detailed conclusions of this report. This plan should indicate the deadlines for the implementation and completion of each of the actions. The plan should be submitted to the Commission's services within three months of receipt of the final report. 8.2. To the Commission Services 8.2.1. To review the action plan requested from the Austrian authorities against the conclusions and recommendations contained in this report. 8.2.2. To consider whether the system established by the Austrian authorities for the post-mortem inspection of wild game by private hunters16 complies with the relevant provisions of Council Directive 92/45/EEC. 8.2.3. To consider whether the definition by the Austrian authorities of the whole of Austria as a "remote region" under Article 3(1)(a), Council Directive 92/45/EEC, is an appropriate interpretation of the requirements of this Directive. Addendum Response of the Austrian authorities to the draft mission report The Austrian authorities offered comments on the draft mission report by means of a letter, dated 20 December 2000. These comments have been incorporated into the final report. They also provided an initial reaction to certain of the conclusions and recommendations in the report, in particular by providing details of a series of Official Instructions to the heads of the provincial governments. 16 See footnote 8 Page 14 of 14

For the proposed border inspection post of Wien-ZVB-Kledering provide a response giving details of the actions taken and planned to ensure that the deficiencies related to the facilities, equipment and documentation will be rectified within the time limit set by the Central Competent Authority during the closing meeting. These deficiencies are particular related to: - administrative and technical equipment; - facilities for storage of products NHC-T; - facilities for unloading of products HC (mechanical lift); - social rooms (shower and changing room); - sinks in unloading areas; - construction of inspection room NHC. 15

For the border inspection post of Hohenau in relation to its approval for live animals: provide a response, giving within one month of receipt of the translated final report details of the actions, taken and planned to address - the deficiencies relating to the facilities (construction only) referred to in this report; along with a timetable for completion of these actions. All these deficiencies should be corrected within 6 months of receipt of the translated final report. - the other deficiencies referred to in this report (hygiene, procedure, equipment, documentation and registration) along with a timetable for completion of these actions. In any event all these deficiencies should be corrected within 3 months of receipt of the translated final report.

To improve the system containing information on incoming and outgoing consignments in the Austrian rail border inspection posts, in order to guarantee that all consignments from third countries arriving in the border inspection posts are under the supervision of the official veterinarian and are checked in accordance with the import requirements of this and that the official veterinarian must have full access to these systems.

To inform the Commission Services of the corrections made in order to have accordance between the list in Document 1999/C 356/02 and Decision 97/778/EC. 8.2. To the Commission Services It is recommended that the Commission Services: 8.2.1. Consider including Wien-ZVB-Kledering in the agreed list of border inspection posts as a border inspection post approved for all products (HC, NHC) with, for products HC, the special remark (2) packed products only, as soon as the guarantees related to the facilities, infrastructure, equipment and documentation are provided by the Austrian Authorities. 8.2.2. Consider withdrawal of the approval immediately for the border inspection post Hegyeshalom and for Hohenau for products (HC-NT and NHC-NT). 8.2.3. Consider withdrawal of the approval of the border inspection post Hohenau in relation to live animals (U) if satisfactory guarantees within the relevant time limit by the Austrian Authorities are not met. 16 9. ADDENDUM TO MISSION REPORT DG(SANCO)/1246/1999 Statements of the Competent Authority to the recommendations in this report · Response to recommendation 8.1.1.: The deficiencies are corrected with exception of the facilities for storage of products NHC-T. The approval of Wien-ZVB-Kledering as border inspection post for category NHC-T is no longer requested. · Response to recommendation 8.1.2. ­ first indent: The ÖBB informed the Competent Authority that they will make an official cost estimation available at the end of week 13 and will contact the Veterinary Service as soon as possible. · Response to recommendation 8.1.4.: The Federal Ministry of Economic Affairs had informed the competent authority (customs) of the inconsistencies. 17

To separate distinctly the plant health obligations of the those concerning quality, by indicating only those which are strictly necessary by using harmonised definitions if possible; 5 The recommendations R1 and R2 represent technical advice, not compulsory following the Decision 98/201/EC. 8

To indicate specific sampling procedures, lists of harmful organisms and measures to be taken when more strict obligations are required.

To ask for a prior notification of the recorded production sites. 9

Recommendations for Italy and Austria (as regards intra-community trade): To guarantee early exchange of information and co-operation as required by Council Directive 89/608/EEC and article 20 of Council Directive 96/23/EC3.

Recommendations for Austria (as regards the general implementation of Council Directive 96/23/EC): To ensure satisfactory functioning of the NRL by adequate personnel and technical equipment.

Recommendations for the European Commission A follow-up mission to Italy is suggested. 3 In their comments on this point, Austria suggests a standardised notification system for positive residue findings in order to facilitate the intra-community exchange of information.