Proposal for a Council Decision concerning a Community system of fees in the animal feed sector
Date: 1998-04-29
Institutions: European Commission
Subjects: animal nutrition, costing, food additive, marketing, quasi-fiscal charge

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.04.1998 
COM(1998) 225 final 

Proposal for a 
COUNCIL DECISION 
concerning a Community system of fees in the animal feed sector 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

In  accordance  with  Directive  70/524/EEC  concerning  additives  in  feedingstuffs1  and 
Directive  95/69/EEC  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,  as 
amended by Directive ../.../EC (COM(1998) 216), this proposal for a Decision lays down 
rules for calculating certain fees in the animal feed sector. 

As a basic principle, Member States are required to collect only fees which cover the real 
costs of the services provided. In order to ensure that this principle is applied, the Annex 
to  the  Decision  lists  the  only  costs  which  must  be  taken  into  consideration  when 
calculating fees. 

During  discussions  on the fifth amendment  to Directive  70/524/EEC, it was agreed that 
Member States should collect fees only for the approval of certain additives. Article 1(1), 
in  conjunction  with  Annex  A,  therefore  provides  that  fees  may  be  collected  only  for 
additives belonging to groups where authorization is linked to the person responsible  for 
putting them in circulation. 

It  will  be  possible  to  alter  the  system  in  the  light  of  experience  so  as  to  reduce  any 
differences  which may still exist between Member States' scales of fees. 

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.  1, as last amended by Commission Directive 98/19/EC (OJ L 96, 28.3.1998, 

P-39). 

2  OJL 332, 30.12.1995, p. 15. 

2 

Proposal for a 
COUNCIL DECISION 
concerning a Community system of fees in the animal feed sector 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Directive  70/524/EEC  of  23  November  1970  concerning 
additives in feedingstuffs,  and in particular Article 6(2) thereof3, 

Having  regard  to  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/EEC, and in particular Article 14 thereof1, 

Having regard to the proposal from the Commission5, 

Whereas provision  should be made at Community  level for  fees  to be levied  for  certain 
services in all Member States; 

Whereas  fees  should  be  charged  only  for  examining  dossiers  of  specified  additives; 
whereas the relevant groups of additives should be listed; 

Whereas  the  fees  to  be  levied  should  cover  solely  the  actual  wage,  social  welfare  and 
administrative costs of the body carrying out the services; whereas it is appropriate to lay 
down  an  exhaustive  list  of  costs  to  be  taken  into  account  for  the  calculation  of  the 
said fees; 

Whereas Member States should be given the opportunity to fix flat-rate sums for fees so 
as not to have to supply evidence of the costs actually incurred in each individual case; 

Whereas  Member  States  should  enable  the  Commission,  by  providing  the  necessary 
information, to amend the Annexes when it sees fit; whereas such amendments should be 
made  using  the  procedure  laid  down  by  this  Decision  in  oriier  to  establish  close 
cooperation between Member States and the Commission within the Standing Committee 
on  Feedingstuffs, 

3  OJ L 270,  14.12.1970, p.  1, as last amended by Commission Directive 98/19/EC (OJ L 96, 28.3.1998, 

p. 39). 

4  OJL 332, 30.12.1995, p. 15. 
5  OJ 

3 

HAS ADOPTED THIS DECISION: 

Article 1 

1. 

2. 

3. 

Member  States  shall  ensure  that  a  fee  is  levied  for  the  costs  incurred  by 
the  Member  State  acting  as  rapporteur  in  accordance  with  Article  4  of 
Directive 70/524/EEC for the examination of the dossiers  for additives  listed in 
Annex A to this Decision. 

Member States shall ensure that a fee is levied for the costs incurred in approving 
certain  establishments  and  intermediaries  in  accordance  with  Article  5  of 
Directive 95/69/EC. 

In the  calculation  of  the  fees  mentioned  in paragraphs  1 and 2,  only  the  costs 
specified in Annex B shall be taken into account. 

Article 2 

The Annexes may be amended according to the procedure set out in Article 5. 

Article 3 

The direct  or indirect  refund by Member States of the fees within the meaning of this 
Decision is prohibited. 

However,  the  application  of flat-rate amounts by  a Member  State  in the evaluation  of 
individual cases shall not be regarded as an indirect refund. 

Article 4 

1. 

Member  States  shall  draw  up  reports  setting  out  the  implementation  of  this 
Decision, specifying: 

the amount of fees that have been raised; 

the breakdown of the fees; 

the method for calculating the fees. 

Member States shall transmit their reports to the Commission by  1 April  1999 at 
the latest. 

2. 

On the  basis  of  the  reports  required  under paragraph  1,  the  Commission  shall 
submit an overall summary report on the implementation of this Decision and, if 
applicable,  proposals  for  further  harmonization  of  the  systems  of  fees  in  the 
animal feed sector. 

Article 5 

Where the procedure laid down in this Article is to be followed, the Commission shall be 
assisted  by  the  Standing  Committee  for  Feedingstuffs,  hereinafter  referred  to  as 
'the Committee'. 

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. The 
opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the 
case  of  Decisions  which  the  Council  is  required  to  adopt  on  a  proposal  from  the 
Commission.  The  votes  of  the  representatives  of  the  Member  States  within  the 
Committee  shall be weighted in the manner set out in that Article. The Chairman shall 
not vote. 

The Commission  shall adopt the measures envisaged if they are in accordance with the 
opinion of the Committee. 

If the measures envisaged are not in accordance with the opinion of the Committee, or if 
no  opinion  is  delivered,  the Commission  shall, without delay,  submit  to the Council a 
proposal  relating  to  the  measures  to  be  taken.  The  Council  shall  act  by  a  qualified 
majority. 

If,  on the expiry of a period of three months from the date of referral to the Council, the 
Council has not acted, the proposed measures shall be adopted by the Commission. 

Article 6 

This Decision shall apply from 1 April 1998. 

This Decision is addressed to the Member States. 

Article 7 

Done at Brussels, 

For the Council 
The President 

Annex A 

Dossiers of additives subject to authorization linked to the person responsible for putting 
them into circulation according to Directive 70/524/EEC. 

Annex B 

Exhaustive  list of the costs to be taken into account when calculating the fees  according 
to Article 1(1) and (2): 

salaries  including  allowances  where  applicable,  superannuating  (pension)  costs, 
staff insurance contributions; 

accommodation 
maintenance, insurance; 

including 

rent, 

heat, 

light 

and  water, 

furniture, 

general  overheads  including  office  equipment,  stationary,  postage,  printing, 
telecommunications, training, subscription to periodicals; 

travel and associated costs; 

associated technical costs (e.g. laboratory costs, sampling). 

ISSN 0254-1475 

COM(98) 225 final 

DOCUMENTS 

EN 

03  15  10 

Catalogue  number  :  CB-CO-98-238-EN-C 

ISBN 92-78-33152-X 

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