Proposal for a Council Regulation (EC) establishing a European Agency for Veterinary and Phytosanitary Inspection

(96/C 239/04)

COM(96) 223 final - 96/0143(CNS)

(Submitted by the Commission on 11 July 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas live animals, animal products, plants and plant products are included in the list of products in Annex II to the Treaty; whereas production and trade in these sectors constitutes an important source of income for the farming population;

Whereas the Commission is required, in accordance with the Community veterinary and phytosanitary legislation, to ensure the uniform application of this legislation in order to avoid discrepancies between the controls carried out by competent national authorities, and to ensure a uniform regime as regards imports from third countries;

Whereas a uniform application of the legislation would lead to the protection of public health, animal health, and plant health and would prevent the distortion of competition;

Whereas, therefore, such uniform application is essential in order to maintain confidence among Member States in the framework of free circulation of the relevant goods within the internal market;

Whereas the best way to achieve this objective whilst observing the principle of independence and the specifics of the tasks is to create an Agency, the personnel of which will concentrate on monitoring the application of Community veterinary and phytosanitary legislation;

Whereas a Decision was taken by common agreement between the representatives of the Governments of the Member States, meeting at Head of State and Government level on 29 October 1993, on the location of the seats of certain bodies and departments of the European Communities and of Europol (1); whereas it was stipulated that the Office of Veterinary and Phytosanitary Inspection was to have its seat in Ireland, in a town to be determined by the Irish Government;

Whereas Grange, County Meath has been announced by the Irish authorities in this regard;

Whereas the rules and structure of the Agency must be geared towards the objective nature of the results desired and should be such that it can carry out its work in cooperation with existing Community and international bodies;

Whereas the Agency should have legal personality while collaborating closely with existing Community bodies and programmes, in order to avoid any duplication;

Whereas with regard to its translations, the Agency will use the Translation Centre for bodies of the European Union, set up by Council Regulation (EC) No 2965/94 (2), once the centre becomes operational;

Whereas among other revenues obtained from the collection of fees for veterinary controls, the general budget of the European Communities should contribute to the operation of the Agency; whereas the amount of this contribution deemed necessary is to be laid down under the annual budget procedure, in accordance with the financial estimates,

HAS ADOPTED THIS REGULATION:

Article 1

Establishment of the Agency

A European Agency for Veterinary and Phytosanitary Inspection, hereinafter referred to as 'the Agency`, is hereby established.

The Agency shall be established in premises designated by the Commission in consultation with the relevant Member State.

Article 2

Objective

1. The Agency's role shall be to:

- carry out inspections within the Community to ensure the uniform application of Community veterinary and phytosanitary legislation,

- verify the veterinary and phytosanitary controls in third countries of live animals, products of animal origin, plants and plant products intended for export to the Community,

- submit reports of the above activities, and

- carry out any other task which the Commission may confer on it.

2. In order to avoid duplication of work, the staff of the Agency shall carry out the inspections and controls referred to in paragraph 1 in place of the experts of the Commission.

Article 3

Legal personality

1. The Agency shall have legal personality.

2. It shall enjoy in all the Member States the most extensive legal capacity accorded to legal persons under their laws; in particular it may purchase or dispose of movable and immovable property and may institute legal proceedings.

Article 4

Management Board

1. The Agency shall have a Management Board consisting of one representative from each Member State, two representatives from the Commission and two scientists specifically qualified in the field of veterinary and phytosanitary sciences, the latter being designated by the European Parliament on the basis of their particular qualification in that field.

Each member of the Management Board may be assisted or represented by an alternative member. In the absence of the full member, the alternative member may exercise his right to vote. The Management Board may call in non-voting observers.

2. The term of office of representatives shall be three years. It shall be renewable.

3. Each member of the Management Board shall have one vote.

4. The Management Board shall elect a chairman and a deputy chairman from among its members. The deputy chairman shall automatically replace the chairman in the event of his being prevented from attending to this duties.

The chairman and the deputy chairman shall be elected by its members for a three-year period. The terms of office shall be renewable once.

5. The Management Board shall draw up its own rules of procedure.

6. The Management Board shall meet at least once a year.

7. The Management Board shall adopt a three-year work programme on the basis of a draft submitted by the Agency's Director, after seeking the opinion of the Commission. The first three-year programme shall be adopted within nine months of the entry into force of this Regulation.

8. Under the three-year work programme, the Management Board shall each year adopt the Agency's annual work programme on the basis of a draft submitted by the director, after seeking the Commission's opinion. The programme may be adjusted in the course of the year in accordance with the same procedure.

9. By 31 January each year at the latest, the Management Board shall adopt an annual general report on the activities of the Agency on the basis of a draft submitted by the director. The director shall forward this report to the European Parliament, the Council, the Commission and the Member States.

10. The Management Board shall take its decisions by an absolute majority of its members. However, a majority of two thirds of its members shall be required for the decisions which the Management Board is empowered to take under paragraph 4 or under Articles 5 (1), 7, 8 (4) or 9.

Article 5

The Director

1. The Agency shall be headed by a director appointed by the Management Board on a proposal from the Commission for a period of five years, which shall be renewable.

The director shall be assisted by a deputy director appointed by the same procedure as the director. If the director is absent or indisposed, the deputy director shall replace him.

2. The director shall be the official representative of the Agency.

3. The director shall be responsible for:

- the proper preparation and execution of the decisions and programmes adopted by the Management Board,

- the day-to-day administration of the Agency,

- the preparation of the report referred to in Article 4 (9),

- the performance of the tasks set out in Article 2,

- all staff matters,

- the preparation of Management Board meetings.

4. The director shall be accountable to the Management Board for his activities.

Article 6

Budget

1. Estimates shall be drawn up of all the Agency's revenue and expenditure for each financial year, which shall correspond to the calendar year and shall be entered in the Agency's budget.

2. The revenue and expenditure shown in the budget shall be in balance.

3. The revenues of the Agency shall without prejudice to other resources consists of:

- 1 % of the fees to be collected by Member States for carrying out veterinary controls;

- whenever expenditure shown in the budget exceeds 1 % of the fees mentioned above and to the extent necessary, a subsidy from the Community entered in the general budget of the European Communities.

Detailed rules for the application of this paragraph shall be adopted in accordance with the procedure laid down in Article 38 of Council Regulation No 136/66/EEC (1).

4. The expenditure of the Agency shall include, inter alia, staff remuneration, administrative and infrastructure expenses, operating costs and expenditure relating to contracts concluded with institutions or bodies in implementation of the work programmes.

Article 7

Draft estimate - Adoption of the budget

1. By 15 January each year at the latest, the director shall draw up a preliminary draft budget preceded by an explanatory memorandum for the following financial year and shall forward it, together with a structural plan and a schedule of employees, to the Management Board.

2. The Management Board shall prepare the draft budget together with the structural plan and the schedule of employees, and forward them no later than 1 February to the Commission. On that basis the Commission shall determine the corresponding subsidy estimates to be entered in the preliminary draft general budget of the European Communities which it places before the Council pursuant to Article 203 of the Treaty.

3. The Management Board shall adopt the Agency's budget, together with the structural plan, before the beginning of the financial year, adjusting it where necessary to the Community subsidy and to the Agency's resources.

Article 8

Implementation of the budget

1. The director shall implement the budget of the Agency.

2. The monitoring of the commitment and payment of all the Agency's expenditure and of the establishment and recovery of all the Agency's revenue shall be carried out by the Commission's financial controller.

3. By 31 March each year at the latest the director shall send the Commission, the Management Board and the Court of Auditors the accounts for all the Agency's revenue and expenditure in respect of the preceding financial year.

The Court of Auditors shall examine those accounts in accordance with Article 188c of the Treaty.

4. The Management Board shall give a discharge to the director in respect of the implementation of the budget.

Article 9

Internal financial provisions

After the Court of Auditors has delivered its opinion, the Management Board shall, in agreement with the Commission, adopt the internal financial provisions, specifying in particular the procedure for establishing and implementing the Agency's budget.

Article 10

Professional Secrecy

Members of the Management Board, the director, the staff and all other persons participating in the activities of the Agency shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy.

Article 11

Language arrangements

The language rules of the institutions of the Community shall apply to the Agency.

Article 12

Translation services

The translation services needed for the operation of the Agency shall be provided by the Translation Centre for the bodies of the Union set up by Regulation (EC) No 2965/94 once that centre becomes operational.

Article 13

Privileges and immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the Agency.

Article 14

Staff

1. The staff of the Agency shall be subject to the regulations and rules applicable to officials and other servants of the European Communities.

2. The Agency shall exercise in respect of its staff the powers devolved upon the appointing authority.

3. The Management Board shall, in agreement with the Commission, adopt the appropriate implementing rules.

Article 15

Liability

1. The Agency's contractual liability shall be governed by the law applicable to the contract in question.

The Court of First Instance of the European Communities shall have jurisdiction to give judgment pursuant to an arbitration clause contained in a contract concluded by the Agency.

2. In the case of non-contractual liability the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by the Agency or its servants in the performance of their duties.

The Court of First Instance shall have jurisdiction in disputes relating to compensation for any such damage.

3. The personal liability of servants towards the Agency shall be governed by the provisions applying to the staff of the Agency.

Article 16

Examination of legality

Member States, members of the Management Board and third parties directly and personally involved may refer to the Commission any act of the Agency, whether express or implied, for the Commisison to examine the legality of that act.

Referral shall be made to the Commission within one month of the day on which the party concerned first became award of the act in question.

The Commission shall take a decision within two months. If no decision has been taken within this period, the case shall be deemed to have been dismissed.

Article 17

Review clause

No later than five years after the entry into force of this Regulation acting on the basis of a Commission report, accompanied where appropriate by a proposal, the Council, having consulted the European Parliament, may review this Regulation and any new assignment for the Agency that proves necessary.

Article 18

Entry into force

This Regulation shall enter into force on the 90th day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No C 323, 30. 11. 1993, p. 1.

(2) OJ No L 314, 7. 12. 1994, p. 1. Regulation as amended by Regulation (EC) No 2610/95 (OJ No L 268, 10. 11. 1995, p. 1).

(1) OJ No 172, 30. 9. 1966, p. 3025/66.