98/728/EC: Council Decision of 14 December 1998 concerning a Community system of fees in the animal feed sector
Date: 1998-12-14
Institutions: Council of the European Union
Subjects: animal nutrition, overheads, tax, tax harmonisation, wage cost

22. 12. 98

EN

Official Journal of the European Communities

L 346/51

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 14 December 1998

concerning a Community system of fees in the animal feed sector

(98/728/EC)

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) thereof (1),

Having regard to Council Directive 95/69/EC of 22
December 1995 laying down the conditions and arrange-
ments for approving and registering certain establish-
ments 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 thereof (2),

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 order to establish close cooperation between
Member States and the Commission within the Standing
Committee on Feedingstuffs,

Having regard to the proposal from the Commission (3),

HAS ADOPTED THIS DECISION:

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

Whereas fees shall be charged only for examining dossiers
of specified additives; whereas the relevant groups of addi-
tives 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;

(1) OJ L 270, 14. 12. 1970, p. 1. Directive as last amended by
Directive 98/92/EC (see page 49 of this Official Journal).
(2) OJ L 332, 30. 12. 1995, p. 15. Directive as last amended by
Directive 98/92/EC (see page 49 of this Official Journal).

(3) OJ C 155, 20. 5. 1998, p. 29.

Article 1

1. Member States shall ensure that a fee is levied for the
costs incurred by the Member State acting as rapporteur
in accordance with Articles 4 and 6(1) of Directive 70/
524/EEC for the examination of the dossiers for additives
listed in Annex A to this Decision.

2. 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.

3.
In the calculation of the fees mentioned in para-
graphs 1 and 2, only the costs specified in Annex B shall
be taken into account.

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Article 2

The Annexes may be amended according to the pro-
cedure set out in Article 5.

Article 3

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

the application of

flat-rate amounts by a
However,
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 the rules of this Decision, specifying:
— the level of fees or flat-rate amounts charged in each

case pursuant to Article 1(1) or (2);

— the method for calculating the fees in relating to the

factors listed in Annex B.

Member States
Commission by 14 December 2000 at the latest.

transmit

reports

their

shall

to the

2. On the basis of the reports required under paragraph
1, the Commission shall submit to the Council by 14
December 2002 at the latest an overall summary report
on the implementation of this Decision and, if applicable,
proposals for further harmonisation of the systems of fees
in the animal feed sector.

to the urgency of the matter. The opinion shall be deliv-
ered 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.

3.

(a) The Commission shall adopt the intended meas-
ures when they are in accordance with the
Committee’s opinion.

(b) When the intended measures are not in accordance
the Committee, or in the
with the opinion of
the Commission shall
absence of any opinion,
forthwith 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 three months from the date on
which the matter was referred to it, the Council has
not adopted any measures, the Commission shall
the proposed measures and apply them
adopt
immediately,
save where the Council decides
against the said measures by a simple majority.

Article 6

This Decision shall apply from 30 June 2000.

Article 7

Article 5

This Decision is addressed to the Member States.

1. 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
2.
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

Done at Brussels, 14 December 1998.

For the Council

The President
W. MOLTERER

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ANNEX A

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

ANNEX B

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

Staff costs

— salaries including allowances where applicable, superannuation (pension) costs, staff insurance contribu-

tions.

Administrative costs

— accommodation including rent, heat, light and water, furniture, maintenance, insurance, interest, amortisa-

tion;

— general overheads including office equipment, stationary, postage, printing, telecommunications, training,

subscription to periodicals;

— travel and associated costs.

Technical costs

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

— consultancy fees.