Commission Regulation (EC) No 1044/2003 of 18 June 2003 amending Regulations (EC) No 451/2000 and (EC) No 1490/2002Text with EEA relevance
Date: 2003-06-18
Institutions: European Commission
Subjects: dangerous substance, marketing standard, plant health product

L 151/32

EN

Official Journal of the European Union

19.6.2003

COMMISSION REGULATION (EC) No 1044/2003

of 18 June 2003

amending Regulations (EC) No 451/2000 and (EC) No 1490/2002

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Directive 91/414/EEC of 15 July
1991 concerning the placing of plant protection products on
the market (1), as last amended by Commission Directive 2003/
31/EC (2), and in particular the second subparagraph of Article
8(2) thereof,

Whereas:

(1)

(2)

Commission Regulation (EEC) No 3600/92 (3), as last
amended by Regulation (EC) No 2266/2000 (4), Commis-
sion Regulation (EC) No 451/2000 (5), as last amended
by Regulation (EC) No 1490/2002 (6), and Regulation
(EC) No 1490/2002 lay down the detailed rules for the
implementation of the first, second and third stages of
the programme of work referred to in Article 8(2) of
Directive 91/414/EEC. That programme is ongoing.

is

Experience from the first stage has shown that enhanced
cooperation between Member States
required to
ensure fast and consistent decision-making. The provi-
sions concerning the third stage provide for fees to be
paid to the Member States, not only for their work as
rapporteur Member State but also for other activities
under that stage, in order to ensure proper resourcing of
their work. For the sake of consistency, provision should
also be made for such fees for the second stage, in Regu-
lation (EC) No 451/2000.

(3) When the European Food Safety Authority (EFSA) carries
out evaluations, it may also consult experts. It is neces-
sary to ensure proper resourcing for Member States
when such consultations are organised.

(4)

(5)

Regulations (EC) No 451/2000 and (EC) No 1490/2002
should therefore be amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 101, 23.4.2003, p. 3.
(3) OJ L 366, 15.12.1992, p. 10.
(4) OJ L 259, 13.10.2000, p. 27.
(5) OJ L 55, 29.2.2000, p. 25.
(6) OJ L 224, 21.8.2002, p. 23.

Amendment to Regulation (EC) No 451/2000

Article 12 of Regulation (EC) No 451/2000 is amended as
follows:

1. Paragraph 1 is replaced by the following:

‘1. Member States shall establish a regime obliging noti-
fiers to pay a fee or charge for the administrative treatment
and evaluation of notifications and dossiers.’

2. Paragraph 2 is amended as follows:

(a) point (a) is replaced by the following:

‘(a) require the payment of a fee or charge for each
notification and for each submission of a dossier;’

(b) point (c) is replaced by the following:

‘(c) ensure that the fee or charge is received in accor-
dance with the instructions given by the organisa-
tion in each Member State listed in Annex VI and
that the income from the fee or charge is used to
finance exclusively the costs actually incurred by
the Member State for the evaluation and administra-
tive treatment of the notifications and the dossiers
for which that Member State is rapporteur or to
the Member States
finance general activities of
resulting from Articles 7 and 8;’.

Article 2

Amendment to Regulation (EC) No 1490/2002

Article 17(2)(c) of Regulation (EC) No 1490/2002 is replaced
by the following:

‘(c) ensure that the fee or charge is received in accordance
with the instructions given by the organisation in each
Member State listed in Annex IV and that the income
from the fee or charge is used to finance exclusively
the costs actually incurred by the Member State for the
evaluation and administrative treatment of the dossiers
for which that Member State is rapporteur or to
the Member States
finance general
resulting from Articles 9, 10 or 11;’.

activities of

Article 3

Entry into force

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

19.6.2003

EN

Official Journal of the European Union

L 151/33

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 June 2003.

For the Commission

David BYRNE

Member of the Commission