CELEX: 51998PC0225
Language: en
Date: 1998-04-29
Title: Proposal for a Council Decision concerning a Community system of fees in the animal feed sector

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                                                 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)
 ---pagebreak---  ---pagebreak---                             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
 ---pagebreak---                                              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
 ---pagebreak--- HAS ADOPTED THIS DECISION:
                                         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 Article 4 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 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.
 ---pagebreak---                                          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 monthsfromthe 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 applyfrom1 April 1998.
                                         Article 7
This Decision is addressed to the Member States.
Done at Brussels,                                                 For the Council
                                                                  The President
 ---pagebreak---                                          Annex A
Dossiers of additives subject to authorization linked to the person responsible for putting
them into circulation according to Directive 70/524/EEC.
 ---pagebreak---                                            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 including           rent,   heat,    light  and water,    furniture,
        maintenance, insurance;
        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).
 ---pagebreak---  ---pagebreak---                                                                    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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