98/471/EC: Commission Decision of 16 July 1998 establishing priority areas for the action plan for the exchange between the administrations of the participating countries of national officials who are engaged in the implementation of Community legislation required to achieve the internal market, adopted pursuant to Council Decision 92/481/EEC (Karolus programme) (notified under document number C(1998) 2012) (Text with EEA relevance)
Date: 1998-07-16
Institutions: European Commission
Subjects: European integration, action programme, civil servant, single market

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COMMISSION DECISION

of 16 July 1998

establishing priority areas for the action plan for the exchange between the
administrations of the participating countries of national officials who are
engaged in the implementation of Community legislation required to achieve
the internal market, adopted pursuant to Council Decision 92/481/EEC (Karolus
programme)

(notified under document number C(1998) 2012)

(Text with EEA relevance)

(98/471/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 92/481/EEC of 22
September 1992 on the adoption of an action plan for the
exchange between Member State administrations of
national officials who are engaged in the implementation
of Community legislation required to achieve the internal
market (1), as amended by Decision No 889/98/EC of the
European Parliament and of the Council (2), and, in par-
ticular,
the sixth indent of Article 5 of Decision
92/481/EEC,

Whereas Decision 92/481/EEC lays down that
the
Commission shall, in consultation with the Committee
referred to in Article 10 thereof, decide annually on the
priority areas to be covered by the exchange programme;

Whereas those areas must be established for 1998;

Whereas the definition of those priority areas is closely
connected with the implementation of various measures
for the completion of the internal market as laid down in
Article 7a of the EC Treaty;

Whereas the exchanges of officials are designed to contri-
bute to improving convergence in both the interpretation
of Community Acts and the implementation of those
Acts;

exchange programmes

Whereas the Karolus-programme does not in any way
affect Community
such as
Matthaeus (3) in the area of customs, Fiscalis (4) in the area
of indirect taxation, Grotius (5) in the area of justice, Odys-
seus (6), Oisin (7), Falcone (8) and Stop (9)
in the area of
internal affairs;

Whereas the measures provided for in this Decision are in
accordance with the opinion of the committee referred to
in Article 10 of Decision 92/481/EEC concerning the
action plan,

Article 1

For the 1998 financial year, the priority areas referred to
in the sixth indent of Article 5 of Decision 92/481/EEC
shall be as follows:

— pharmaceutical products and veterinary medicinal
products (officials with responsibility for the licensing
and supervision of medicinal products, including the
establishment of a network of remote links in the
field of medical data-processing which provides
guarantees of IT security and confidentiality in respect
of
concerned; personnel
involved in good manufacturing practice (GMP) and
inspection of manufacturers,
in accordance with
Council Directive 75/319/EEC (10); personnel involved
in market surveillance of medicinal products, particu-
larly those in the official medicine control laboratories
(OMCLs)),

exchanges of

the data

referred

— public procurement (officials working in administra-
tive departments with responsibility for awarding
contracts whose value is equal to or greater than the
in Council Directives
thresholds
to
92/50/EEC (11), 93/36/EEC (12), 93/37/EEC (13)
and
93/38/EEC (14),
independent
including officials of
authorities involved in the organisation, control or
supervision of systems for the award of such contracts
or in the development of training activites geared to
the current state of progress in implementing these
systems and developing their expertise in public
procurement),

— export controls on certain dual-use goods and techno-
logies
covered by Council Regulation (EC) No
3881/94 (15), without prejudice to the application of
national provisions on the protection of defence
secrets
li-
censing and monitoring),

(officials with responsibility for export

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— export controls on cultural goods

(officials with
responsibility for granting export licences and mon-
itoring where such controls are not carried out by the
customs administration)
(Council Regulation (EEC)
No 3911/92 (16)),

— controls on the manufacture, placing on the market,
import and export of drugs precursors, when such
controls are carried out by administrations other than
the customs administration (staff of those administra-
tions with responsibility for granting import or export
(Council Directive
licences
92/109/EEC (17), and Council Regulation (EEC) No
3677/90 (18); Commission Regulation (EEC) No
3769/92 (19)),

and monitoring)

— import and export controls on species of wild fauna
and flora protected under
the CITES Convention
(Council Regulation (EC) No 338/97 (20) (staff of the
competent management bodies with responsibility for
granting import and export licences),

— veterinary medicine (officials with responsibility for
inspections of live animals and livestock products on
farms, at markets, on premises where products of
animal origin are produced, processed or stored, and
at frontier inspection posts, and staff of laboratories
taking part in these inspections in the context of the
protection of public health, animal health and welfare
and the enforcement of zootechnical rules and live-
stock identification rules (21)),

as

amended

amended

93/95/EEC (25),

90/384/EEC (27),

equipment
as

the European Parliament and of

— conformity testing and market supervision (officials
the
with responsibility for the implementation of
Directives on toys (Council Directive 88/378/EEC (22),
as amended by Directive 93/68/EEC (23)); personal
(Council Directive 89/686/
protective
by Council Directives
EEC (24),
and Directive
93/68/EEC and
96/58/EC of
the
Council (26)); measuring instruments (Council Direc-
by Directive
tive
93/68/EEC); low-voltage electrical equipment (Council
Directive 73/23/EEC (28), as amended by Directive
93/68/EEC); electro-magnetic compatibility (Council
Directive 89/336/EEC (29), as amended by Directives
92/31/EEC (30)
and
protective systems intended for use in potentially
explosive atmospheres (Directive 94/9/EC (31) of the
and the Council); medical
European Parliament
gas
devices
as
appliances
amended by Directive 93/68/EEC); pressure vessels
(Directive 97/23/EC (34) of the European Parliament
and of the Council); chemicals; explosives for civil use;
machinery; motor vehicles; recreational craft; and offi-

(Council Directive 90/396/EEC (33),

(Council Directive

and 93/68/EEC);

93/42/EEC (32));

equipment

cials with responsibility for implementing the diffe-
rent quality-control instruments),

— foodstuffs (officials with responsibility for the official
inspection of foodstuffs pursuant to Council Direc-
tives 89/397/EEC (35) and 93/99/EEC (36) on the offi-
cial control of foodstuffs, in particular in the field of
foodstuff hygiene control pursuant to Council Direc-
tive 93/43/EEC (37)),

— plant health (officials with responsibility for inspect-
ing the health of plants and plant products at the
place of production and at points of entry into the
Community, those with responsibility for the accep-
tance and supervision of plant protection products and
those with responsibility for the quality of seeds)
(Council Directives 77/93/EEC (38), 91/414/EEC (39),
76/895/EEC (40), 86/362/EEC (41), 86/363/EEC (42) and
(EEC) No
90/642/EEC (43); Council Regulation
66/400/EEC (45),
2092/91 (44); Council Directives
66/403/EEC (48),
66/402/EEC (47),
66/401/EEC (46),
66/404/EEC (49),
70/457/EEC (51),
69/208/EEC (50),
70/458/EEC (52), 91/682/EEC (53), 92/33/EEC (54) and
96/34/EEC (55)),

— banks,

insurance companies,

stock exchanges and
institutions for collective investment in securities (offi-
cials from the supervisory authorities for those institu-
tions),

— prevention of the use of the financial system for the
purpose of money laundering (officials with responsi-
bility for the implementation of Council Directive
91/308/EEC (56)),

— action to combat counterfeiting and piracy (officials
with responsibility for ensuring that Community
legislation on intellectual and industrial property (57) is
correctly applied in the single market),

— consumer protection in the following areas: general
product safety, consumer credit, package tours, consu-
mers’ economic interests and access to justice,

— protection of personal data (officials of the national
authorities responsible for enforcing national rules
pursuant to Directive 95/46/EC (58) of the European
Parliament and of the Council),

— management of the transfer of waste between Member

States,

— road transport

(officials with responsibility for the
implementation and effective application of Regula-
tions, especially on employment conditions and tech-
nical matters),

— sea transport: checks by port inspectors to ensure that
vessels comply with international rules on maritime
safety and environmental protection (Council Direc-
tive 95/21/EC (59)),

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24. 7. 98

— air

transport

(officials with responsibility for

the
implementation and effective application of Regula-
tions on the licensing of air carriers (Council Regula-
tion (EEC) No 2407/92 (60)), on traffic rights (Council
on airport
Regulation (EEC) No
networks, groundhandling services, airport charges
and air safety (Council Regulation (EEC) No 3922/
91 (62)) and, more specifically, on the issuance of
(Council Directive
licences
91/670/EEC (63)), and on the inspection of aircraft
from third countries),

to cockpit personnel

2408/92 (61)),

— operation of the statistical programmes relating to the
for
internal market
sectoral programmes relating to trade in goods and
services between Member States) (Council Regulation
(EEC) No 3330/91 (64)),

(officials with responsibility

— competition (officials with responsibility for drawing
up and applying the competition rules in relation to
trusts, dominant positions and mergers),

— telecommunications (officials working for the national
regulatory authorities (NRAs) responsible in each of
the Member States for regulating the national tele-
communications market),

— audiovisual services, and in particular the implementa-
tion of Council Directive 97/36/EC of the European
Parliament and the Council (66) amending Council
Directive 89/552/EEC on the coordination of certain
provisions laid down by law, regulation or administra-
tive action in Member States concerning the pursuit of
television broadcasting activities,

— freedom of movement of persons

(officials with
for
responsibility for the recognition of diplomas,
issuing residence permits to persons entitled under
Community law, for matters relating to social security
and for applying the principles of freedom of move-
ment in the priority sectors of the national public
administration, namely education, public health, civil
research, public bodies operating a
commercial
service,
inspectors and public employment
service officials),

labour

— employment

law (officials with responsibility for
implementing and monitoring the application of the
Directives on employment law (67) and for implemen-
tation of the principle of equal treatment for men and
women as regards access to employment, vocational
training and promotion, and working conditions
(Council Directive 76/207/EEC (68)) and in matters of
social security (Council Directive 79/7/EEC (69)),
in-
cluding labour inspectors),

— protection of health and safety at work (officials with
responsibility for monitoring the implementation of
Council Directive 89/391/EEC (70) and special Direc-
tives),

— implementation of Council Directive 83/189/EEC (71)
(officials with responsibility for the system for the

exchange of information relating to the prior notifica-
tion of draft national technical regulations),

— implementation of Decision No 3052/95/EC of the
the Council (72) estab-
European Parliament and of
lishing a procedure for the exchange of information
on national measures derogating from the principle of
the free movement of goods within the Community
(officials with responsibility for coordinating notifica-
tion of the measures covered by the Decision),

— chemical products (officials with responsibility for the
placing on the market of dangerous substances (73),
notification of new dangerous substances, export and
import control of dangerous chemicals (74) and control
of risks of existing substances (75)),

— biotechnology (officials with responsibility for proce-
dures
scientific
the environmental clearance,
appraisal or risk assessment of products consisting of
or containing genetically modified organisms (76)),

for

— control of substances which pollute the atmosphere
(officials with responsibility for monitoring the manu-
facture, placing on the market and export of liquid
fuels, volatile organic compounds and ozone-depleting
substances (77)).

Article 2

Where a candidature in conformity with the provisions of
Article 5(1) of Commission Decision 93/10/EEC (78)
is
clearly of interest in the context of the application of
Community legislation in the area of the internal market,
outside the priority areas listed in Article 1, it can be
considered for participation in the programme, provided
that no equivalent Community programme for
the
exchange of officials exists in the area concerned.

Article 3

This Decision shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

It shall apply from 28 April 1998.

Done at Brussels, 16 July 1998.

For the Commission

Mario MONTI

Member of the Commission

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NOTES

(1) OJ L 286, 1. 10. 1992, p. 65.

(2) OJ L 126, 28. 4. 1998, p. 6.

(3) Council Decision 91/341/EEC of 20 June 1991, on the adop-
tion of a programme of Community action on the subject of
the vocational
(Matthaeus
training of customs officials
programme) — OJ L 187, 13. 7. 1991, p. 41.

(4) Decision No 888/98/EC of the European Parliament and of
the Council of 30 March 1998 establishing a programme of
Community action to ameliorate the indirect taxation systems
of the internal market (Fiscalis programme) — OJ L 126, 28.
4. 1998, p. 1.

(5) OJ L 287, 8. 11. 1996, p. 3 (Grotius: Joint Action of 28
October 1996 adopted by the Council on a programme of
incentives and exchanges for legal practitioners).

(6) OJ L 99 31. 3. 1998, p. 2 (Odysseus programme: Joint Action
of 19 October 1998 adopted by the Council introducing a
programme of training, exchanges and cooperation in the
field of asylum,
immigration and crossing of external
borders).

(7) OJ L 7, 10. 1. 1997, p. 5 (OISIN: Joint Action of 20
December 1996 adopted by the Council providing a common
programme for the exchange and training of, and cooperation
between, law enforcement authorities).

(8) OJ L 99, 31. 3. 1998, p. 8 (Falcone: Joint Action of 19 March
1998 adopted by the Council establishing a programme of
exchanges, training and cooperation for persons responsible
for action to combat organised crime).

(9) OJ L 322, 12. 12. 1996, p. 7 (STOP: Joint Action of 29
November 1996 adopted by the Council establishing an
incentive and exchange programme for persons responsible
for combating trade in human beings and the sexual exploita-
tion of children).

(10) OJ L 147, 9. 6. 1975, p. 13.

(11) OJ L 209, 24. 7. 1992, p. 1.

(12) OJ L 199, 9. 8. 1993, p. 1.

(13) OJ L 199 9. 8. 1993, p. 54.

(14) OJ L 199, 9. 8. 1993, p. 84.

(15) OJ L 367, 31. 12. 1994, p. 1.

(16) OJ L 395, 31. 12. 1992, p. 1.

(17) OJ L 370, 19. 12. 1992, p. 76.

(18) OJ L 357, 20. 12. 1990, p. 1.

(19) OJ L 383, 29. 12. 1992, p. 17.

(20) OJ L 61, 3. 3. 1997, p. 1.

(21) The specific programme for veterinary surgeons is incorp-
orated in the Karolus programme in 1998 since DG VI (Agri-
culture) does not have sufficient budget resources to organise
the seventh exchange programme for veterinary surgeons.

(22) OJ L 187, 16. 7. 1988, p. 1.

(23) OJ L 220, 30. 8. 1993, p. 1.

(24) OJ L 399, 30. 12. 1989, p. 18.

(25) OJ L 276, 9. 11. 1993, p. 11.

(26) OJ L 236, 18. 9. 1996, p. 44.

(27) OJ L 189, 20. 7. 1990, p. 1.

(28) OJ L 77, 26. 3. 1973, p. 29.

(29) OJ L 139, 23. 5. 1989, p. 19.

(30) OJ L 126, 12. 5. 1992, p. 11.

(31) OJ L 100, 9. 4. 1994, p. 1.

(32) OJ L 169, 12. 7. 1993, p. 1.

(33) OJ L 196, 26. 7. 1990, p. 15.

(34) OJ L 181, 9. 7. 1997, p. 1.

(35) OJ L 186, 30. 6. 1989, p. 23.

(36) OJ L 290, 24. 11. 1993, p. 14.

(37) OJ L 175, 19. 7. 1993, p. 1.

(38) OJ L 26, 31. 1. 1997, p. 20.

(39) OJ L 230, 19. 8. 1991, p. 1.

(40) OJ L 340, 9. 12. 1976, p. 26.

(41) OJ L 221, 7. 8. 1986, p. 37.

(42) OJ L 221, 7. 8. 1986, p. 43.

(43) OJ L 350, 14. 12. 1990, p. 71.

(44) OJ L 198, 22. 7. 1991, p. 1.

(45) OJ 125, 11. 7. 1966, p. 2290/66.

(46) OJ 125, 11. 7. 1966, p. 2298/66.

(47) OJ 125, 11. 7. 1966, p. 2309/66.

(48) OJ 125, 11. 7. 1966, p. 2320/66.

(49) OJ 125, 11. 7. 1966, p. 2326/66.

(50) OJ L 169, 10. 7. 1969, p. 3.

(51) OJ L 225, 12. 10. 1970, p. 1.

(52) OJ L 225, 12. 10. 1970, p. 7.

(53) OJ L 376, 31. 12. 1991, p. 21.

(54) OJ L 157, 10. 6. 1992, p. 1.

(55) OJ L 157, 10. 6. 1992, p. 10.

(56) OJ L 166, 28. 6. 1991, p. 77.

(57) OJ L 336, 23. 12. 1994, p. 213; Council Directive
89/104/EEC (OJ L 40, 11. 2. 1989, p. 1); Council Regulations
(EC) No 40/94 (OJ L 11, 14. 1. 1994, p. 1), (EEC) No 1768/92
(OJ L 182, 2. 7. 1992, p. 1) and (EC) No 2100/94 (OJ L 227,
1. 9. 1994, p. 1); Regulation (EC) No 1610/96 of the European
Parliament and of the Council (OJ L 198, 8. 8. 1996, p. 30);
Council Directives 87/54/EEC (OJ L 24, 27. 1. 1987, p. 36),
91/250/EEC (OJ L 122, 17. 5. 1991, p. 42) and 93/83/EEC
(OJ L 248, 6. 10. 1993, p. 15), Directive 96/9/EC of the Euro-
pean Parliament and of the Council (OJ L 77, 27. 3. 1996, p.
20).

(58) OJ L 281, 23. 11. 1995, p. 31.

(59) OJ L 157, 7. 7. 1995, p. 1.

(60) OJ L 240, 4. 8. 1992, p. 1.

(61) OJ L 240, 4. 8. 1992, p. 8.

(62) OJ L 373, 31. 12. 1991, p. 4.

(63) OJ L 373, 31. 12. 1991, p. 21.

(64) OJ L 316, 16. 11. 1991, p. 1.

(65) OJ L 199, 26. 7. 1997, p. 32.

(66) OJ L 202, 30. 7. 1996, p. 60.

L 208/66

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(67) Council Directives 75/129/EEC (OJ L 48, 22. 2. 1975, pp. 29
and 32), 77/187/EEC (OJ L 61, 5. 3. 1977, p. 26), 80/987/EEC
(OJ L 283, 20. 10. 1980, p. 23), 91/383/EEC, (OJ L 206, 29. 7.
1991, p. 19), 91/533/EEC (OJ L 288, 18. 10. 1991, p. 32),
92/56/EEC (OJ L 245, 26. 8. 1992, p. 3), 93/104/EC (OJ L
307, 13. 12. 1993, p. 18), 94/33/EC (OJ L 216, 20. 8. 1994, p.
12) and 94/45/EC (OJ L 254, 30. 9. 1994, p. 64); Directive
96/71/EC of the European Parliament and of the Council
(OJ L 18, 21. 1. 1997, p. 1).
(68) OJ L 39, 14. 2. 1976, p. 40.
(69) OJ L 86, 10. 1. 1979, p. 24.
(70) OJ L 183, 29. 6. 1989, p. 1.
(71) OJ L 109, 26. 4. 1983, p. 8.
(72) OJ L 321, 30. 12. 1995, p. 1.
(73) Council Directive 67/548/EEC (OJ L 196, 16. 8. 1967, p. 1).

(74) Council Regulation (EEC) No 2455/92 (OJ L 251, 29. 8.

1992, p. 13).

(75) Council Regulation (EEC) No 793/93 (OJ L 84, 5. 4. 1993, p.

1).

(76) Council Directive 90/220/EEC (OJ L 117, 8. 5. 1990, p. 15).

(77) Council Directives 85/210/EEC (OJ L 96, 3. 4. 1985, p. 25),
93/12/EEC (OJ L 74, 27. 3. 1993, p. 81) and Directive
94/63/EC of the European Parliament and of the Council
(OJ L 365, 31. 12. 1994, p. 24); Council Regulation (EC) No
3093/94 (OJ L 333, 22. 12. 1994, p. 1).

(78) OJ L 8, 14. 1. 1993, p. 7.