CELEX: 51996PC0223
Language: en
Date: 1996-05-29
Title: Proposal for a COUNCIL REGULATION (EC) establishing a European Agency for Veterinary and Phytosanitary Inspection

Avis juridique important

|

51996PC0223

Proposal for a COUNCIL REGULATION (EC) establishing a European Agency for Veterinary and Phytosanitary Inspection  /* COM/96/0223 FINAL - CNS 96/0143 */  

Official Journal C 239 , 17/08/1996 P. 0009

Proposal  for a Council Regulation (EC) establishing a European Agency for Veterinary and Phytosanitary  Inspection(96/C  239/04)COM(96) 223 final - 96/0143(CNS)(Submitted by the Commission on  11 July 1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas live animals, animal products, plants and plant products are included in the list of  products in Annex II to the Treaty; whereas production and trade in these sectors constitutes an  important source of income for the farming population; Whereas the Commission is required, in accordance with the Community veterinary and phytosanitary  legislation, to ensure the uniform application of this legislation in order to avoid discrepancies  between the controls carried out by competent national authorities, and to ensure a uniform regime  as regards imports from third countries; Whereas a uniform application of the legislation would lead to the protection of public health,  animal health, and plant health and would prevent the distortion of competition; Whereas, therefore, such uniform application is essential in order to maintain confidence among  Member States in the framework of free circulation of the relevant goods within the internal  market; Whereas the best way to achieve this objective whilst observing the principle of independence and  the specifics of the tasks is to create an Agency, the personnel of which will concentrate on  monitoring the application of Community veterinary and phytosanitary legislation; Whereas a Decision was taken by common agreement between the representatives of the Governments of  the Member States, meeting at Head of State and Government level on 29 October 1993, on the  location of the seats of certain bodies and departments of the European Communities and of Europol   (1); whereas it was stipulated that the Office of Veterinary and Phytosanitary Inspection was to  have its seat in Ireland, in a town to be determined by the Irish Government; Whereas Grange, County Meath has been announced by the Irish authorities in this regard; Whereas the rules and structure of the Agency must be geared towards the objective nature of the  results desired and should be such that it can carry out its work in cooperation with existing  Community and international bodies; Whereas the Agency should have legal personality while collaborating closely with existing  Community bodies and programmes, in order to avoid any duplication; Whereas with regard to its translations, the Agency will use the Translation Centre for bodies of  the European Union, set up by Council Regulation (EC) No 2965/94  (2), once the centre becomes  operational; Whereas among other revenues obtained from the collection of fees for veterinary controls, the  general budget of the European Communities should contribute to the operation of the Agency;  whereas the amount of this contribution deemed necessary is to be laid down under the annual budget  procedure, in accordance with the financial estimates, HAS ADOPTED THIS REGULATION: Article 1 Establishment of the AgencyA European Agency for Veterinary and  Phytosanitary Inspection, hereinafter referred to as 'the Agency`, is hereby established. The Agency shall be established in premises designated by the Commission in consultation with the  relevant Member State. Article 2 Objective1.  The Agency's role shall be to: - carry out inspections within the Community to ensure the uniform application of Community  veterinary and phytosanitary legislation, - verify the veterinary and phytosanitary controls in third countries of live animals, products of  animal origin, plants and plant products intended for export to the Community, - submit reports of the above activities, and- carry out any other task which the Commission may  confer on it. 2.  In order to avoid duplication of work, the staff of the Agency shall carry out the inspections  and controls referred to in paragraph 1 in place of the experts of the Commission. Article 3 Legal personality1.  The Agency shall have legal personality. 2.  It shall enjoy in all the Member States the most extensive legal capacity accorded to legal  persons under their laws; in particular it may purchase or dispose of movable and immovable  property and may institute legal proceedings. Article 4 Management Board1.  The Agency shall have a Management Board consisting of one  representative from each Member State, two representatives from the Commission and two scientists  specifically qualified in the field of veterinary and phytosanitary sciences, the latter being  designated by the European Parliament on the basis of their particular qualification in that  field. Each member of the Management Board may be assisted or represented by an alternative member. In the  absence of the full member, the alternative member may exercise his right to vote. The Management  Board may call in non-voting observers. 2.  The term of office of representatives shall be three years. It shall be renewable. 3.  Each member of the Management Board shall have one vote. 4.  The Management Board shall elect a chairman and a deputy chairman from among its members. The  deputy chairman shall automatically replace the chairman in the event of his being prevented from  attending to this duties. The chairman and the deputy chairman shall be elected by its members for a three-year period. The  terms of office shall be renewable once. 5.  The Management Board shall draw up its own rules of procedure. 6.  The Management Board shall meet at least once a year. 7.  The Management Board shall adopt a three-year work programme on the basis of a draft submitted  by the Agency's Director, after seeking the opinion of the Commission. The first three-year  programme shall be adopted within nine months of the entry into force of this Regulation. 8.  Under the three-year work programme, the Management Board shall each year adopt the Agency's  annual work programme on the basis of a draft submitted by the director, after seeking the  Commission's opinion. The programme may be adjusted in the course of the year in accordance with  the same procedure. 9.  By 31 January each year at the latest, the Management Board shall adopt an annual general  report on the activities of the Agency on the basis of a draft submitted by the director. The  director shall forward this report to the European Parliament, the Council, the Commission and the  Member States. 10.  The Management Board shall take its decisions by an absolute majority of its members. However,  a majority of two thirds of its members shall be required for the decisions which the Management  Board is empowered to take under paragraph 4 or under Articles 5 (1), 7, 8 (4) or 9. Article 5 The Director1.  The Agency shall be headed by a director appointed by the Management  Board on a proposal from the Commission for a period of five years, which shall be renewable. The director shall be assisted by a deputy director appointed by the same procedure as the  director. If the director is absent or indisposed, the deputy director shall replace him. 2.  The director shall be the official representative of the Agency. 3.  The director shall be responsible for: - the proper preparation and execution of the decisions and programmes adopted by the Management  Board, - the day-to-day administration of the Agency, - the preparation of the report referred to in Article 4 (9), - the performance of the tasks set out in Article 2, - all staff matters, - the preparation of Management Board meetings. 4.  The director shall be accountable to the Management Board for his activities. Article 6 Budget1.  Estimates shall be drawn up of all the Agency's revenue and expenditure for  each financial year, which shall correspond to the calendar year and shall be entered in the  Agency's budget. 2.  The revenue and expenditure shown in the budget shall be in balance. 3.  The revenues of the Agency shall without prejudice to other resources consists of: - 1  % of the fees to be collected by Member States for carrying out veterinary controls; - whenever expenditure shown in the budget exceeds 1  % of the fees mentioned above and to the  extent necessary, a subsidy from the Community entered in the general budget of the European  Communities. Detailed rules for the application of this paragraph shall be adopted in accordance with the  procedure laid down in Article 38 of Council Regulation No 136/66/EEC  (1). 4.  The expenditure of the Agency shall include, inter alia, staff remuneration, administrative and  infrastructure expenses, operating costs and expenditure relating to contracts concluded with  institutions or bodies in implementation of the work programmes. Article 7 Draft estimate - Adoption of the budget1.  By 15 January each year at the latest, the  director shall draw up a preliminary draft budget preceded by an explanatory memorandum for the  following financial year and shall forward it, together with a structural plan and a schedule of  employees, to the Management Board. 2.  The Management Board shall prepare the draft budget together with the structural plan and the  schedule of employees, and forward them no later than 1 February to the Commission. On that basis  the Commission shall determine the corresponding subsidy estimates to be entered in the preliminary  draft general budget of the European Communities which it places before the Council pursuant to  Article 203 of the Treaty. 3.  The Management Board shall adopt the Agency's budget, together with the structural plan, before  the beginning of the financial year, adjusting it where necessary to the Community subsidy and to  the Agency's resources. Article 8 Implementation of the budget1.  The director shall implement the budget of the  Agency. 2.  The monitoring of the commitment and payment of all the Agency's expenditure and of the  establishment and recovery of all the Agency's revenue shall be carried out by the Commission's  financial controller. 3.  By 31 March each year at the latest the director shall send the Commission, the Management  Board and the Court of Auditors the accounts for all the Agency's revenue and expenditure in  respect of the preceding financial year. The Court of Auditors shall examine those accounts in accordance with Article 188c of the Treaty. 4.  The Management Board shall give a discharge to the director in respect of the implementation of  the budget. Article 9 Internal financial provisionsAfter the Court of Auditors has delivered its opinion,  the Management Board shall, in agreement with the Commission, adopt the internal financial  provisions, specifying in particular the procedure for establishing and implementing the Agency's  budget. Article 10 Professional SecrecyMembers of the Management Board, the director, the staff and all  other persons participating in the activities of the Agency shall be required, even after their  duties have ceased, not to disclose information of the kind covered by the obligation of  professional secrecy. Article 11 Language arrangementsThe language rules of the institutions of the Community shall  apply to the Agency. Article 12 Translation servicesThe translation services needed for the operation of the Agency  shall be provided by the Translation Centre for the bodies of the Union set up by Regulation (EC)  No 2965/94 once that centre becomes operational. Article 13 Privileges and immunitiesThe Protocol on the Privileges and Immunities of the  European Communities shall apply to the Agency. Article 14 Staff1.  The staff of the Agency shall be subject to the regulations and rules  applicable to officials and other servants of the European Communities. 2.  The Agency shall exercise in respect of its staff the powers devolved upon the appointing  authority. 3.  The Management Board shall, in agreement with the Commission, adopt the appropriate  implementing rules. Article 15 Liability1.  The Agency's contractual liability shall be governed by the law  applicable to the contract in question. The Court of First Instance of the European Communities shall have jurisdiction to give judgment  pursuant to an arbitration clause contained in a contract concluded by the Agency. 2.  In the case of non-contractual liability the Agency shall, in accordance with the general  principles common to the laws of the Member States, make good any damage caused by the Agency or  its servants in the performance of their duties. The Court of First Instance shall have jurisdiction in disputes relating to compensation for any  such damage. 3.  The personal liability of servants towards the Agency shall be governed by the provisions  applying to the staff of the Agency. Article 16 Examination of legalityMember States, members of the Management Board and third  parties directly and personally involved may refer to the Commission any act of the Agency, whether  express or implied, for the Commisison to examine the legality of that act. Referral shall be made to the Commission within one month of the day on which the party concerned  first became award of the act in question. The Commission shall take a decision within two months. If no decision has been taken within this  period, the case shall be deemed to have been dismissed. Article 17 Review clauseNo later than five years after the entry into force of this Regulation  acting on the basis of a Commission report, accompanied where appropriate by a proposal, the  Council, having consulted the European Parliament, may review this Regulation and any new  assignment for the Agency that proves necessary. Article 18 Entry into forceThis Regulation shall enter into force on the 90th day following that  of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all  Member States.(1) OJ No C 323, 30. 11. 1993, p. 1.  (2) OJ No L 314, 7. 12. 1994, p. 1. Regulation as amended by Regulation (EC) No 2610/95 (OJ No L  268, 10. 11. 1995, p. 1).  (1) OJ No 172, 30. 9. 1966, p. 3025/66.