COMMISSION DECISION of 29 July 1996 on financial aid from the Community for the work of the Bundesinstitut für gesundheitlichen Verbraucherschutz und Veterinärmedizin (formerly called the Bundesgesundheitsamt), Berlin, Germany, a Community reference laboratory for residue testing (Only the German text is authentic) (Text with EEA relevance) (96/517/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 28 thereof,

Whereas pursuant to Article 1 (c) of Council Decision 91/664/EEC of 11 December 1991 designating the Community reference laboratories for testing certain substances for residues (3) the Bundesinstitut für gesundheitlichen Verbraucherschutz und Veterinärmedizin, Berlin, Germany, was designated as the reference laboratory for the residues referred to in Annex I, group A.III (b) to Council Directive 86/469/EEC (4) and residues of beta-agonists and sulphonamides;

Whereas Decision 91/664/EEC is repealed from 1 July 1997 by Article 36 of Council Directive 96/23/EC (5) on measures to monitor certain substances and residues thereof in live animals and animal products;

Whereas Annex V (1) (c) to Directive 96/23/EC applies from 1 July 1997; whereas the Bundesinstitut für gesundheitlichen Verbraucherschutz und Veterinärmedizin, Berlin, Germany, was designated as the reference laboratory for the residues referred to in Annex I, groups A 5 and B 2 (a), (b) and (e);

Whereas all the tasks to be performed by the reference laboratory are defined in Article 1 of Council Decision 89/187/EEC of 6 March 1989 determining the powers and conditions of operation of the Community reference laboratories provided for by Directive 86/469/EEC concerning the examination of animals and fresh meat for the presence of residues (6);

Whereas Decision 89/187/EEC is repealed from 1 July 1997 by Article 36 of Directive 96/23/EC;

Whereas Annex V (2) to Directive 96/23/EC applies from 1 July 1997;

Whereas, in accordance with Commission Decisions 93/460/EEC (7), 94/493/EC (8) and 95/304/EC (9), the Community granted financial aid to the Community reference laboratory for residue testing, Berlin, Germany, for a period expiring on 1 August 1996; whereas additional financial aid should be granted for two years from that date in order to enable the reference laboratory to continue to perform its functions and tasks;

Whereas the Community financial aid will be reviewed, with a view to an extension, before the end of that period;

Whereas, inter alia for the purposes of control, Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (10), as last amended by Regulation (EEC) No 2048/88 (11), should apply;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Community hereby grants Germany financial aid for the functions and tasks referred to in:

- Article 1 of Decision 89/187/EEC to be performed by the Community reference laboratory for residue testing designated in Article 1 (c) of Decision 91/664/EEC, for the period 1 August 1996 to 30 June 1997,

- Chapter 2 of Annex V to Directive 96/23/EC to be performed by the Community reference laboratory for residue testing designated in Annex V (1) (c) to that Directive, for the period 1 July 1997 to 31 July 1998.

Article 2

The Bundesinstitut für gesundheitlichen Verbraucherschutz und Veterinärmedizin (formerly called the Bundesgesundheitsamt), Berlin, Germany shall perform the functions and tasks referred to in Article 1.

Article 3

The Community financial aid shall be a maximum of ECU 800 000 for the period 1 August 1996 to 31 July 1998.

Article 4

The Community financial aid shall be granted as follows:

- 25 % in advance at the request of Germany at the beginning of each of the first three six-month periods of the period concerned,

- the balance after submission of supporting documents by Germany. Those documents must be submitted by 1 October 1998.

Article 5

Each year, two months after the end of the financial year at the latest, France shall send the Commission a detailed technical report on the work carried out by the laboratory in performing the tasks conferred on it.

Article 6

Articles 8 and 9 of Regulation (EEC) No 729/70 shall apply mutatis mutandis.

Article 7

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 29 July 1996.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 19.

(2) OJ No L 168, 2. 7. 1994, p. 31.

(3) OJ No L 368, 31. 12. 1991, p. 17.

(4) OJ No L 275, 26. 9. 1986, p. 36.

(5) OJ No L 125, 23. 5. 1996, p. 10.

(6) OJ No L 66, 10. 3. 1989, p. 37.

(7) OJ No L 215, 25. 8. 1993, p. 13.

(8) OJ No L 201, 4. 8. 1994, p. 39.

(9) OJ No L 185, 4. 8. 1995, p. 55.

(10) OJ No L 94, 28. 4. 1970, p. 13.

(11) OJ No L 185, 15. 7. 1988, p. 1.