Proposal for a COUNCIL DECISION on the adoption of an action plan for the exchange of national officials between Member State administrations who are engaged in the enforcement of Community legislation required to build the Single Market
Date: 1991-10-30
Institutions: European Commission
Subjects: European integration, action programme, allowances and expenses, civil servant, labour mobility, single market

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(91) 408 final  - SYN 364 

Brussels, 30 October 1991 

Proposal  for a 

COUNCIL  DECISION 

on the adoption of an action  plan  for the exchange of 

national  officials  between  Member  State  administrations 

who are engaged  in the enforcement  of Community  legislation 

required  to build  the Single  Market 

(presented  by the Commission) 

wœ 

Ksr 
m 

ï  > * v 

#«*<-

f-4 

5B4Hin 

PROPOSAL FOR A COUNCIL DECISION ON THE ADOPTION OF AN 
ACTION PLAN FOR THE EXCHANGE OF NATIONAL OFFICIALS 
BETWEEN MEMBER STATE ADMINISTRATIONS WHO ARE 
ENGAGED IN THE ENFORCEMENT OF COMMUNITY  LEGISLATION 
REQUIRED TO BUILD TIIE SINGLE MARKET 

Introduction 

EXPLANATORY  MEMORANDUM 

1. 

2. 

3. 

4. 

5. 

The proposed  Action Plan has its origins in  the Commission's White Paper 
on completing the internal market, published in  1985.  The approximation of 
the  Member  States'  legislation  and  the  mutual  recognition  of  standards  by 
Member  States  in  certain  key  areas  forms  one  of  the  basic  tenets  of  the 
White Paper objective. 

More  than  three-quarters  of  the  White  Paper  measures  have  been  finally 
adopted  by  the  Council.  However,  it  is  not  enough  to  merely  adopt  these 
measures.  Enforcement  of  Community  legislation in the Member States has 
become a crucial part of the internal  market programme. 

The Communication  entitled  "Implementation  of  the Legal Acts required  to 
build  the Single Market",  published  by  the Commission  in September  1989 
(1) highlighted the need for Member States to enforce Community legislation 
on  schedule  and  as  a  matter  of  priority.  Since  then,  as  a  means  of 
monitoring the pace of  incorporation  of  Community  legislation  into national 
law,  Communications have been published  by the Commission  on a regular 
basis (2). 

In its first Communication,  the Commission outlined several steps it intended 
to  take  to  make  certain  that  the  objective  of  ensuring  correct  and  timely 
incorporation  into  national  law  be  attained.  One  of  these  included  the 
commitment to promote the exchange of national officials,  between Member 
State  administrations,  who  are  engaged  in  the  enforcement  of  Community 
legislation  with  a  view  to  enhancing  administrative  cooperation.  The 
experience  already  gained  in  the  pilot  phase  of  the  MATTHAEUS  (3) 
exchange  programme  for  Community  customs  officials  had  shown  the 
effective  nature of  such  initiatives.  The INTERFISC  programme,  currently 
underway  (4),  which provides  for  the exchange of  national  indirect  taxation 
officials 
together  with  the  programme  for  the  exchange  of  officials 
competent  for  veterinary  matters  (5)  also encouraged  the launching  of  such 
an action plan. 

On the basis of the desired  administrative cooperation,  which is an essential 
part  of  mutual  trust  since  it  facilitates  the  exchange  of  experience  and 
information,  the concept of  "subsidiarity" can be applied in such a way as to 
enable  Member  States  to  involve  both  national  and  local  administrations 
together  with  the  private  bodies  they  employ  in  carrying  out  the  task  of 
enforcing  Community  law  and  thereby  conferring  this  responsibility  as 
widely as possible.  It can also contribute in a concrete way t  the consistent 
enforcement of Community law. 

(1) COM(89)422 
(2) SEC(89)2098, COM(90)473 
(3) Council Decision 91/3412 of 20/6/91,  OJ L  187 of  14/5/91 
(4) Pilot phase for  1991 
(5) Commission Decision 91/280 of  14/5/91, OJ L  142 of  6/6/91 

6. 

Certain  key  areas  have been  identified  wherein  the  strengthening  of  mutual 
trust  and  cooperation  should  enable  national  officials  to  learn  about  the 
administrative practicalities of other Member States in enforcing  Community 
legislation  These  areas  include  the  enforcement  of  the  "new  approach"  in 
standards  policy  with  regard  to  certification  and  good  laboratory  practices, 
the  placing  on  the  market  of  pharmaceutical  products  and  the  mutual 
recognition  of  diplomas.  Other areas where  measures  have been adopted  in 
the  context  of  the  completion  of  the  internal  market  will  come  within  the 
scope of the Action Plan in due course. 

Objective 

7. 

The objectives of the Action Plan are : 

to  encourage  a  certain  homogeneity  of  approach  in  the  enforcement  of 
Community legislation. 

to  make  officials 
in  national  administrations  aware  of  the  European 
dimension of their work,  the scope of  Community legislation and the level  of 
its importance 

to permit  cross-fertilisation  of  ideas between  national  administrations  on the 
way in which Community legislation can best be enforced 

to involve officials  at middle management  level  so as to guarantee maximum 
dissemination of the results both now and in the future 

to utilise  the  results  of  the exchanges  in  such  a  way  as  to  contribute  to  the 
objective of homogeneity of approach 

Nature of the Action Plan 

8. 

The Action  Plan is intended  to reach all  those involved  in the  enforcement 
of  Community  law  in  the  internal  market  domain  whether  they  be 
employed  by  national  or  local  administrations  or  by  the  private  bodies 
engaged  by  the  administrations  to  carry  out  the  enforcement  tasks.  The 
initiative will be made up of  the following  stages : 

the exchange of officials,  between  Member State administrations,  from 
national  and  local  levels  together  with  those  designated  from  the 
private  sector  by  the  responsible  administrations,  for  a  minimum  stay 
of 2 months 

a  short  seminar,  maximum  4  days  duration,  will  be  held  at the end  of 
each phase in order to allow  participants to assess the usefulness  of  the 
exchange 

an end  of  stay  report  will  be  compiled  on  the  basis  of  the  experience 
gained during the exchange 

language courses will be provided,  where necessary,  in order to enable 
participants to gain optimum benefit  from the exchange 

training  seminars will  be organised  which  will  deal  with  the European 
Communities  and  their  foundations,  common  policies  and  recent 
developments in order to contribute towards a greater awareness of the 

Communities'  activities  and  relevance  to  national  administrations 
throughout the Member States. 

9. 

Candidates upon taking up duty will be expected to participate in the day to 
day routine work of the host administration and will be bound by the same 
rules of professional  secrecy as national  officials 

10. 

Exchange officials,  for  the duration of  their stay,  will be accorded  the same 
legal status as national  officials 

Organisation of  the Action Plan 

11. 

12. 

13. 

14. 

Candidates  will  forward  their  applications  to  the  Commission's  services 
where an assessment will be made of eligibility.  Selection will be made on 
the  basis  of  professional  background,  activities  in  the  enforcement  of 
Community rules in the chosen field and suitable linguistic ability. 

The names of  successful  applicants  will be forwarded  to Liaison  Officers  in 
the individual  Member  State administrations  who  will  be  charged  with  the 
responsibility of setting up the exchange. 

Upon completion of the exchange the official  will take part in the end of stay 
seminar as outlined above. 

Each year the Commission will submit a report which will be discussed by a 
Committee  made  up  of  representatives  from  the  Member  States.  The 
Committee  will  assist  the  Commission  in  the  identification  of  annual 
priorities  in  line  with  the  deadlines  for  entry  into  force  of  Community 
legislation. The Member States will be called upon to appoint a co-ordinator 
in  charge  of  the  management  of  the  Action  Plan  in  their  respective 
administrations. 

Preparation 

15. 

In  a  first  step  towards  setting  up  the  initiative,  the  Commission  took 
contact  with  the  European  Institute  of  Public  Administration  (EIPA)  in 
Maastricht  in  order  to  launch  a  pilot  phase.  Three  officials  -  British, 
Spanish  and  Danish  -  took part.  The British  official  was posted  to  France 
whilst  the  Spanish  and  Danish  officials  were  both  posted  to  the  United 
The  areas  chosen  were  certification,  construction  and 
Kingdom. 
pharmaceutical  products.  An  evaluation  of  the  pilot  phase,  based  on  the 
experience  of  the  candidates,  has  been  drawn  up  and  demonstrates  the 
worthwhile  nature  of  the  initiative.  The  officials  were  uniform  in  their 
approval of the exchange initiative which gave them the opportunity to see, 
at  close  range,  how  officials  in  other  Member  State  administrations 
approach the whole question of the enforcement of Community legislation. 

Finance 

16. 

17. 

The  costs  of  each  exchange  will  be  distributed  equally  between  the 
Commission  and  the Member  States.  Application  forms  for  the programme 
include a clause whereby the signatory  authority concerned  confirms  that its 
administration will finance its share or the costs involved. 

It is difficult  for  the Commission to organise strict twinning of exchanges in 
this  instance.  However,  the  aim  is  that  each  administration  will  host  an 
exchange official  even if  the nationality  of  that official  does not correspond 
to the subsequent destination of officials  from  the host service. 

18. 

From  1992  onwards,  it  is  planned  that  financial  provision  for  the  initiative 
will  come  under budget  line  B  5  -  3000  in  the  Community  budget.  This  is 
designed  to  ensure  the  continuation  of  the  Action  Plan  which  will  be  of  a 
multiannual  nature.  The number of  officials  expected  to participate  will  be 
500 if the initiative extends to all internal market domains. 

19. 

A  financial  memorandum  outlining  the  estimated  total  costs  of  the 
programme on the basis of 50 participants in  1992 can be found at Annex I. 

Scope of the Action Plan 

20. 

The  Action  Plan  will  relate  to  exchanges  in  the  internal  market  domain 
the 
except  where 
MATTHAEUS, INTERFISC and Veterinary programmes. 

specific  measures  have  been 

launched, 

e.g. 

The legal base 

21. 

Article  100A  has  been  chosen  as  the  legal  base  for  this  Decision.  Article 
100A  has  as  its  objective  the  establishment  and  functioning  of  the  internal 
market.  This  legal  base  is  chosen  since  the  objective  of  the  proposed 
Decision is to improve the enforcement of Community legislation required to 
build  the  single  market.  Furthermore,  the  recent  Court  of  Justice  ruling  in 
the dioxide case (6)which  states that any measure linked to the completion  of 
the internal  market  may  use  Article  100A,  gives  credence  to  this choice  of 
legal base. 

(6) Case Number C 300/89,  11 June 1991 

PROPOSAL  FOR  A  COUNCIL  DECISION  ON  THE  ADOPTION  OF  ÂH 
ACTION  ELAN  FOR  THE  EXCHANGE  OF  NATIONAL  OFFICIALS 
BETWEEN 
MEMBER  STATE  ADMINISTRATIONS  WHO  A502 
ENGAGED  M  THE  ENFORCEMENT  OF  COMMUNITY  LEGISLATION 
REQUIRED  TO  BUILD THE  SINGLE  MARKET 

THE COUNCIL  OF THE EUROPEAN  COMMUNITIES 

Having  regard  to the Treaty  establishing  the European  Economic  Community  and  in 
particular  Article  100A  thereof 

Having  regard  to the proposal  from  the Commission  (1) 

In cooperation  with  the European Parliament  (2) 

Having  regard  to the opinion  of  the Economic and Social Committee  (3) 

35" 

Whereas  the  establishment  and  functioning  of  the  internal  market  requires  uniform 
application  of  Community  legislation  in the Member  States 

Whereas  such  a  uniform  application  cannot  be  achieved  withcut  closer  cooperation 
and the building of  mutual confidence  between  national  administrations 

Wnereas  an  Action  Plan  for  the  exchange  of  national  officials  engaged  in  the 
enforcement  of  Community  legislation  in the internal  market  domain  would  s ;sm an 
appropriate  measure in the pursuit of  these  objectives 

Whereas  the  Action  Pian  will  consist  of  exchanges  between  Member  State 
administrations,  wherein  the officials  will  take part  in  the day  to  day  running  of  the 
host  service 

Whereas  the  provision  of  language  training  courses  in  the  home  administrations? 
especially  the  less  widely  spoken  languages,  should  become  an  integral  part  of  the 
Action  Plan 

I 

Whereas  the  Action  Plan  will  also  include  the  organisation  of  training  seminars 
designed  to  acquaint  officials  with  the  foundations  of  the  Community  and  the  on 
going policies and  objectives 

Whereas  this  Action  Plan  shall  run  concurrently  with,  but  independently  of,  other 
exchange programmes  for  national  officials 

Whereas  the  legal  status  of  the  exchange  officials  will  be  the  same  as  that  of 
national officials  where,  in performing  their  duties,  their civil liability is put at issue 
by a third  party 

Whereas  exchange  officials  will  be bound  by  the same  rules  of  professional  secrecy 
as  national  officials  given  that  the  exchange  official  will  take  part  in  the  routine 
work of  the administration  to which he or  she is  seconded 

Whereas  the  cost  of  financing  the  Action  Plan  will  be  shared  by  the  Commission 
and the Member  States 

m. 

% 
fç 

^ 
[fE 
M; 
m 
K 
|§ 

| i| 
12^ 
m, 
4: 

Whereas,  from  1992  onwards,  a  specific  budget  line  will  be  included  in  the 
Community  budget  to  ensure  the  Community  contribution  to  the  financing  of  the 
programme 

Whereas  it  is  necessary  to ensure  the uniform  application  of  this  Decision  and,  for 
that  purpose,  to  provide  for  a  Community  procedure  for  the  enactment  of 
implementing  rules;  whereas  a  Committee  should  be  set  up  to  provide  a forum for 
close and effective  cooperation  between  the  Member  States  and  the  Commission  in 
this field 

HAS ADOPTED THIS DECISION : 

Article 1 

This decision establishes the Community's  Action  Plan  for  the exchange of  national 
officials  between  Member State administrations who are engaged  in the enforcement 
of Community  legislation  required to build the Single Market. 

Article 2 

This Action  Plan does  not affect  exchanges and training programmes in the customs 
and fiscal areas which  may be decided by the Council  from  time to time such as the 
MATTHAEUS  Programme for the exchange of customs  officials. 

For the purpose of this decision : 

Article 3 

(a) 

the term  "exchange official''  shall mean a national official  of a Member State 
required  to perform  the  duties  entrusted  to  him  in  the  host  service  which  is 
engaged  in  the enforcement  of  Community  legislation  in  the internal  market 
domain at national,  regional or local  level  in public administration  or private 
bodies 

(b) 

"host service"  shall  mean  the national  administration  in  which  the  exchange 
official  is required to perform  his duties 

rrhe objectives of the Action Plan are as follows  : 

Article 4 

a) 

b) 

c) 

to  develop  a  convergent  approach  in  the  enforcement  of  Community 
legislation in the single market domain 

to  make  national  officials  aware  of  the  European  dimension  of  their  work 
and  to  build  mutual  confidence  between  the  national  administrations  in 
charge of the enforcement  of Community law 

to permit  cross-fertilisation  of  ideas between  national  administrations  on  the 
way in which Community legislation can best be enforced 

rrhe Action Plan will  function as  follows 

Article 5 

the  exchange  of  officials  employed  in  the  enforcement  of  Community  law 
will be arranged through a designated officer  in the home administration and 

involve  officials  at  middle  management 

will 
maximum  benefit  from  the  programme 

level 

in  order  to  ensure 

a  training  seminar  providing  basic 
information  on  the  origins  of  the 
Community  and  its  on-going  policies  and  objectives  will  be  provided  for 
those  officials  accepted  for  the  Action  Plan  or  wishing  to  take  part  in  the 
Action  Plan  at a future  date 

the  exchange,  between  the  Member  State  administrations,  will  last  for  a 
minimum  of  2  months 

at  the  end  of  the  exchange,  a  seminar  will  take  place  at  which  participants 
will  be  given  an  opportunity  to  assess  the  Action  Plan  and  point  out  any 
perceived  shortcomings 

the provision  of  language  courses  will  be  arranged,  within  the Member  State 
administrations,  before  the  commencement  of  the  exchange,  so  as  to  ensure 
optimum  benefit  to the participant  from  the  measure 

Article  6 

1. 

2. 

3. 

Member  States  shall  take  the  necessary  steps  to  enable  exchange  officials  to 
be  operational  in  the  host  service;  to  this  end  exchange  officials  shall  be 
authorised  to carry out  the formalities  relating  to  the duties  entrusted  to  them 

During  the  period  of  the  exchange,  the  civil  liability  of  the  exchange  official 
during  the  performance  of  his  duties  shall  be  assimilated  to  that  of  the 
national  officials  in  the host  service 

Exchange  officials  shall  be  bound  by  the  same  rules  of  professional  secrecy 
as  national  officials 

Article  7 

In  order  to  facilitate  the  organisation  of  the  exchanges,  the  Member  States  will 
designate  a  service  responsible,  in  their  adminstrations,  for  the  management  of  the 
initiative. 

Article  8 

1. 

Member  States  shall  establish  language  training  for  their  officials  who  are 
likely  to participate in  the  exchange 

2. 

The  training  should  cover  all  official  Community  languages. 

Article  9 

The  cost  of  each  exchange  will  be  shared  between  the  Member  State  administration 
and  the  Commission,  the  Commission  contributing  towards  travel,  daily  allowances, 
organisational  costs,  seminars  and  meetings 

Article 10 

In  carrying  out  its  tasks,  the  Commission  shall  be  assisted  by  a  Committee  of  an 
advisory  nature  composed  of  representatives  of  the  Member  States  and  chaired  by 
the representative  of  the  Commission. 

4k-

5è 

«

*

*• 

* *• 

Hr 
2T- 

Si 

^ 
"*" 

££: 

The  representative  of  the  Commission  shall  submit  to  the Committee  a draft  of  the 
measures to be taken.  The Committee shall  deliver its opinion  on the draft  within a 
time  limit  which  the  Chairman  may  lay  down  according  to  the  urgency  of  the 
matter,  if necessary by taking a vote. 

The opinion  shall be recorded  in  the  minutes;  in addition,  each  Member  State shall 
have the right to ask to have its position recorded in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 
Committee.  It  shall  inform  the  Committee  of  the  manner  in  which  its  opinion  has 
been taken into account. 

1. 

2. 

The Action Plan shall l>e multiannual. 

Article U 

The Commission  shall  submit an annual  report on the implementation  of  the 
Action Plan to the European Parliament and the Council. 

Article  12 

Before  1  July  1993,  the  Commission  shall  submit  a  report  on  the  experience 
acquired  in  implementing  the  Action  Plan  to  the  European  Parliament  and  to  the 
Council accompanied,  if appropriate, by a proposal  for its adaptation. 

Article  13 

This Decision  shall be applicable from 

Article  14 

This Decision is addressed to the Member States 

Done at Brussels, 

(date) 

For the Council 

The President 

3 

ANNEX  \ 

SECTION 1:  FINANCIAL  IMPLICATIONS 

FINANCIAL STATEMENT 

1. Action plan for the exchange of national officials between 

Member State administrations engaged  in the enforcement of Community 
law in the internal market domain. 

2. Budget heading  involved:  B 5-3000. 

3. Legal basis: Article 100a of the EEC Treaty. 

4. Objectives, duration and beneficiaries of the proposed measure: 

4.1  Objectives 

-  to encourage a uniform approach  in the future enforcement of 

Community  legislation; 

-  to make officials in national administrations aware of the 
European dimension of their work, the scope of Community 
legislation and  its importance; 

-  to permit cross-fertilization of  ideas between national 

administrations on the way  in which Community  legislation can 
best be enforced; 

-  to involve officials at middle management  level so as to 

guarantee maximum dissemination of the results both now and in 
the future; 

-  to use the results of the exchanges  in such a way as to 

contribute to the objective a uniform approach. 

4.2  Durât ion 

-  the action plan, which  is a specific measure, is intended to be 
multiannual and each exchange  is planned to last for a minimum 
period of two months. 

4.3  Beneficiaries of the measure 

Officials employed by Member State administrations, from national 
and  local  levels, together with those designated from the private 
sector by the responsible administrations. 

5. Classification of expenditure or revenue 

5.1  Non-compulsory expenditure on operations. 

5.2  Differentiated appropriations. 

5.3  N/A. 

/O 

Type of expenditure or  revenue 

Expenditure will  relate  to travel, daily  allowances, organizational 
costs,  training  seminars  and  the projected  end-of-exchange  meeting. 

6.2 

The  Initiative will  be co-financed  by  the Commission  and  the 
Member  State administrations  concerned. 

7. Financial  impact  on  appropriations for operations 

(part B of  the  budget) 

7.1 

On  the basis of  the participation of 50 officials  in 1992, the 
total  cost  will  be ECU 642 980. 

Operational  costs 

-  50 officla is on a  two-month exchange: 

189 875 

-  End-of-exchange  seminar: 

TOTAL : 

18 875 
208 750 

7.2 

Proportion of mini-budget  in total  cost  of  operation: 

-  Training  seminars  held  in Member  States on aspects of  Community 

poI icy: 
3 x7  150,  including  interpreting: 

21  450 

-  3 experts on  the  internal  market, working  in house: 

144 000 

-  2 category  C staff  working  In house under  contract 

(back-up  for  the 3 experts and  inputting  technical  and 
administrative  data  for  the department): 

82  280 

Infrastructure 
5  x (in house) 15 700: 

-  Meetings of  the Advisory  Committee: 

12 X 9 000: 

TOTAL: 

7.3 

For  1992: 

Commitments 
ECU 
642 980 

78 500 

108 000 

434 230 

Payments 
ECU 
642 980 

8. Anti-fraud measures  (monitoring, possibility of  an audit, 

obligations of  the contractor  under  Commission  contracts  with 
outside suppliers) are provided  for  in the contract  between  the 
Commission  and  the beneficiaries of  the operation. 

M 

SECTION  2:  ADMINISTRATIVE  EXPENDITURE  (part  A of  the  budget) 

No  impact  on  the Commission's  staff  complement. 

SECTION 3:  ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 

1. Objectives and  coherence with  financial  programming: 

1.1 

The main objective of  the action  plan  is to ensure  the proper 
enforcement  of Community  legislation  in the context  of  completion 
of  the  internal  market. 
Commission's communication  of  September  1989 concerning 
implementation of Community  legislation and  is currently  included 
in the Commission's  work  programme  for  1991. 

This objective was  included  in the 

1.2 

The operation  is  incorporated  in DG  Ill's financial  programming. 

1.3 

Completion  of  the  internal  market. 

2. Grounds  for  the operation: 

All  the budgetary  requirements  are strictly  necessary  if the 
Commission  is to discharge  its  institutional  duty  to ensure  that  the 
rules  laid down  by  the Council  are  Implemented  satisfactorily. 
Any 
neglect  of  the Commission's  duty would  be  liable to render  the 
legislation  inoperative. 

3. Monitoring  and evaluation of  the operation: 

3.1 

See point  3.2. 

3.2 

An end-of-exchange  seminar  will  take place  at which  participants 
will  assess  the experience  gained;  meetings with  the 
Advisory  Committee;  annual  report  to be submitted  by  the 
Commi ss i on. 

3.3 

This operation  responds  to a need  voiced  by Member  States. 
only  uncertainty  lies  in the number  of officials  interested  in 
taking  part. 

The 

ISSN 0254-1475 

COM(91) 408 final 

DOCUMENTS 

EN 

01 

Catalogue number : CB-CO-91-447-EN-C 

ISBN 92-77-76572-0 

Office for GfScial Publications of the European Communities 
L-2985 Luxembourg