Council Directive 98/92/EC of 14 December 1998 amending Directive 70/524/EEC concerning additives in feedingstuffs and Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector
Date: 1998-12-14
Institutions: Council of the European Union
Subjects: animal nutrition, food additive, food industry, health control, product quality, quasi-fiscal charge

22. 12. 98

EN

Official Journal of the European Communities

L 346/49

COUNCIL DIRECTIVE 98/92/EC

of 14 December 1998

amending Directive 70/524/EEC concerning additives in feedingstuffs and
Directive 95/69/EC laying down the conditions and arrangements for approving
and registering certain establishments and intermediaries operating in the
animal feed sector

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS DIRECTIVE:

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

Article 1

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

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

Whereas Article 14 of Council Directive 95/69/EC (4)
states that the Council is to adopt the amounts of the fees
to be charged for the approval of establishments and their
intermediaries;

Whereas Article 6 of Council Directive 70/524/EEC of 23
November 1970 concerning additives in feedingstuffs (5)
states that a fee may be charged by the Member State
acting as rapporteur
the examination of dossiers
relating to Community authorisation of additives for
feedingstuffs; whereas the Council is to fix the amount of
that fee;

for

Whereas an examination of the funding of the services
concerned in individual Member States has revealed that
the fixing 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
in Directives 70/
524/EEC and 95/69/EC should be amended accordingly,

relevant provisions

the

Directive 70/524/EEC shall be amended as follows:

Article 6(2) shall be replaced by the following:

‘2.
Before 1 April 1999, the Council, acting by a
qualified majority on a proposal from the Commis-
sion, shall adopt rules for the calculation of the level
of the fee referred to in paragraph 1.'

Article 2

Directive 95/69/EC shall be amended as follows:

Article 14 shall be replaced by the following:

‘Article 14

The Council, acting by a qualified majority on a
proposal from the Commission, shall, before 1 April
1999, adopt rules for calculating the level of the fee to
be charged for the approval of establishments and
their intermediaries.'

Article 3

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with this Directive by 31 March 1999. They shall forth-
with inform the Commission thereof.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompa-
nied 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 Commis-
sion the text of the main provisions of domestic law
which they adopt in the field governed by this Directive.

(1) OJ C 155, 20. 5. 1998, p. 29.
(2) OJ C 292, 21. 9. 1998.
(3) OJ C 284, 14. 9. 1998, p. 91.
(4) OJ L 332, 30. 12. 1995, p. 15.
(5) OJ L 270, 14. 12. 1970, p. 1. Directive as last amended by

Directive 98/19/EC (OJ L 96, 28. 3. 1998, p. 39).

Article 4

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

L 346/50

EN

Official Journal of the European Communities

22. 12. 98

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 14 December 1998.

For the Council

The President

W. MOLTERER