Proposal for a Council Directive amending Directive 70/524/EEC concerning additives in feedingstuffs and Directive 95/69/EC laying down the conditions and the arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC
Date: 1998-04-08
Institutions: European Commission
Subjects: animal nutrition, food additive, food industry, marketing, quasi-fiscal charge

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 08.04.1998 
COM(1998) 216  final 

98/0131 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directive 70/524/EEC concerning additives in feedingstuffs  and Directive 

95/69/EC laying down the conditions and the arrangements for approving and registering 

certain establishments and intermediaries operating in the animal feed sector and 

amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC 

(presented by the Commission) 

Explanatory  memorandum 

Under Article 6(2) of Directive 70/524/EEC concerning additives in feedingstuffs1  and Article 
14 of  Directive  95/69/EC  laying  down  the  conditions  and  arrangements  for  approving  and 
registering certain  establishments  and  intermediaries  operating  in the animal  feed  sector and 
amending  Directives  70/524/EEC,  74/63/EEC,  79/373/EEC  and  82/471/EEC2,  the  Council, 
acting on a proposal  from  the Commission, is to fix the level of the fees charged  for approving 
additives and for approving establishments. 

In discussions with the Member States views diverged considerably regarding the approach to 
be  adopted  in  deciding  on  the  method  of  calculating  fees.  This  is  linked  to  the  differences 
between  Member  States as regards the policy  followed  for  funding  their  inspection  services, 
and  to  the  special  meaning  which  some  Member  States  give  to  the  concept  of  "public 
service".  They  consider  that  inspection  services  are  bodies  acting  in the  public  interest  and 
that therefore  their services should be free.  Some Member States also adduce the structure of 
their  inspection  services  and  the  need  to  preserve  the  latter's  independence  as  reasons  for 
differing  from  other Member  States which  are in favour  of fixed amounts being  set  for  fees. 
Moreover,  since the  nature of the  services  provided  and  the time taken  to perform  them  can 
vary considerably,  if precise amounts were set they  would  have to be differentiated  to  reflect 
the type of approval given to establishments and the groups of additives assessed. 

With  a  view  to  simplification  and  to  compliance  with  the  proportionality  rule,  the 
Commission  therefore  proposes  that  Directive  70/524/EEC  and  Directive  95/69/EC  be 
amended  to  the  effect  that  the  Council  simply  lays  down  rules  for  calculating  fees  without 
setting the amounts. 

This  proposal  has  no  financial  implications  for  the  Community  budget.  It  is  based  on  an 
exclusive competence of the Community. 

1  OJ L 270,  14.12.1970, p.l,  last amended by ... 

2  OJL 332, 30.12.1995, p.15. 

Proposal for a 

COUNCIL DIRECTIVE 

../../EC 

amending Directive 70/524/EEC concerning additives in feedingstuffs  and Directive 

95/69/EC laying down the conditions and the arrangements for approving and registering 

certain establishments and intermediaries operating in the animal feed sector and 

amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC 

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,1 

Having regard to the opinion of the European Parliament,2 

Having regard to the opinion of the Economic and Social Committee,3 

Whereas Article  14 of Council Directive 95/69/EC of 22 December  1995 laying down the 

conditions  and  arrangements  for  approving  and  registering  certain  establishments  and 

intermediaries operating in the animal feed  sector and amending Directives 70/524/EEC, 
74/63/EEC, 79/373/EEC and 82/471/EEC4 states that the Council is to adopt the amounts 

of the fees to be charged  for the approval of establishments and their intermediaries; 

1  OJ 

2  OJ 

3  OJ 

4  OJL  332, 30.12.1995, p. 15. 

Whereas  Article  6 of  Council  Directive  70/524/EEC  of 23 November  1970  concerning 
additives in feedingstuffs5  as last amended by Directive 97/72/EC states that a fee may be 

charged by the Member State acting as rapporteur for the examination of dossiers relating 

to Community registration of additives for feedingstuffs;  whereas the Council is to fix the 

amount of that fee; 

Whereas an examination  of the funding  of the services concerned  in individual  Member 

States has revealed that the lixing of the amount of the fees at Community  level would be 

a  disproportionately  far-reaching  intervention  in  the  existing  systems  for  levying  fees 

operated  by the Member  States; whereas, in addition, the costs incurred  by the  Member 

States  in  providing  such  services  vary  very  greatly,  particularly  because  of  the  wide 

differences  in labour costs; 

Whereas, to avoid distortion  of competition, provision  should  nevertheless be made that 

the Council has to decide on harmonised rules for the calculation of the level of the fees; 

Whereas  the  relevant  provisions  in  Directives  70/524/EEC  and  95/69/EC  should  be 

amended accordingly, 

HAS ADOPTED  THIS DIRECTIVE: 

Article 1 

1. 

Article 6 (2) of Directive 70/524/EEC shall read as follows: 

"Before  1  October  1999, the Council, acting by a qualified  majority  on a proposal 

from  the Commission, shall adopt rules for the calculation of the level of the  fees 

referred  to in paragraph  1 /' 

2. 

Article  14 of Directive 95/69/EC shall read as follows: 

"The Council, acting by a qualified  majority  on a proposal  from  the Commission, 

shall, before  1 April  1998, adopt rules for  calculating  the amounts  of the fees  to 

be charged for the approval of establishments and their intermediaries." 

5  OJ L 270,  14.12.1970, p. 1, as last amended by 

3 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 

provisions  necessary  to  comply  with  this  Directive  by  [31  March  1998].  They 

shall  forthwith  inform  the Commission  thereof. When Member States adopt  these 

measures, they shall contain a reference to this Directive or shall be accompanied 

by  such  reference  on the occasion  of  their  official  publication.  The  methods  of 

making such reference shall be laid down by Member States. 

2. 

Member  States  shall  communicate  to  the  Commission  the  main  provisions  of 

national law which they adopt in the field covered by this Directive. 

Article 3 

This Directive shall enter into force on the twentieth day following  its publication  in the 

Official Journal of the European Communities. 

Article 4 

This Directive is addressed to the Member States. 

Done at 

For the Council 

ISSN 0254-1475 

COM(98) 216 final 

DOCUMENTS 

EN 

03  09  15  05 

Catalogue number  :  CB-C0-98-233-EN-C 

ISBN 92-78-33108-2 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg