CELEX: 51991PC0408
Language: en
Date: 1991-10-30
Title: Proposal for a COUNCIL DECISION on the adoption of an action plan for the exchange of national officials between Member State administrations who are engaged in the enforcement of Community legislation required to build the Single Market

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(91) 408 final - SYN 364
                                                       Brussels, 30 October 1991
                                              Proposal for a
                                             COUNCIL DECISION
                          on the adoption of an action plan for the exchange of
                         national officials between Member State administrations
                       who are engaged in the enforcement of Community legislation
                                   required to build the Single Market
                                      (presented by the Commission)
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 ---pagebreak---    PROPOSAL FOR A COUNCIL DECISION ON THE ADOPTION OF AN
     ACTION PLAN FOR THE EXCHANGE OF NATIONAL OFFICIALS
        BETWEEN MEMBER STATE ADMINISTRATIONS WHO ARE
   ENGAGED IN THE ENFORCEMENT OF COMMUNITY LEGISLATION
                  REQUIRED TO BUILD TIIE SINGLE MARKET
                               EXPLANATORY MEMORANDUM
Introduction
1.      The proposed Action Plan has its origins in the Commission's White Paper
        on completing the internal market, published in 1985. The approximation of
        the Member States' legislation and the mutual recognition of standards by
        Member States in certain key areas forms one of the basic tenets of the
        White Paper objective.
2.      More than three-quarters of the White Paper measures have been finally
        adopted by the Council. However, it is not enough to merely adopt these
        measures. Enforcement of Community legislation in the Member States has
        become a crucial part of the internal market programme.
3.      The Communication entitled "Implementation of the Legal Acts required to
        build the Single Market", published by the Commission in September 1989
        (1) highlighted the need for Member States to enforce Community legislation
        on schedule and as a matter of priority. Since then, as a means of
        monitoring the pace of incorporation of Community legislation into national
        law, Communications have been published by the Commission on a regular
        basis (2).
4.      In its first Communication, the Commission outlined several steps it intended
        to take to make certain that the objective of ensuring correct and timely
        incorporation into national law be attained.      One of these included the
        commitment to promote the exchange of national officials, between Member
        State administrations, who are engaged in the enforcement of Community
        legislation with a view to enhancing administrative cooperation. The
        experience already gained in the pilot phase of the MATTHAEUS (3)
        exchange programme for Community customs officials had shown the
        effective nature of such initiatives. The INTERFISC programme, currently
        underway (4), which provides for the exchange of national indirect taxation
        officials together with the programme for the exchange of officials
        competent for veterinary matters (5) also encouraged the launching of such
        an action plan.
5.      On the basis of the desired administrative cooperation, which is an essential
        part of mutual trust since it facilitates the exchange of experience and
        information, the concept of "subsidiarity" can be applied in such a way as to
        enable Member States to involve both national and local administrations
        together with the private bodies they employ in carrying out the task of
        enforcing Community law and thereby conferring this responsibility as
        widely as possible. It can also contribute in a concrete way t the consistent
        enforcement of Community law.
(1) COM(89)422
(2) SEC(89)2098, COM(90)473
(3) Council Decision 91/3412 of 20/6/91, OJ L 187 of 14/5/91
(4) Pilot phase for 1991
(5) Commission Decision 91/280 of 14/5/91, OJ L 142 of 6/6/91
 ---pagebreak--- 6.     Certain key areas have been identified wherein the strengthening of mutual
       trust and cooperation should enable national officials to learn about the
       administrative practicalities of other Member States in enforcing Community
       legislation These areas include the enforcement of the "new approach" in
       standards policy with regard to certification and good laboratory practices,
       the placing on the market of pharmaceutical products and the mutual
       recognition of diplomas. Other areas where measures have been adopted in
       the context of the completion of the internal market will come within the
       scope of the Action Plan in due course.
Objective
7.     The objectives of the Action Plan are :
       to encourage a certain homogeneity of approach in the enforcement of
       Community legislation.
       to make officials in national administrations aware of the European
       dimension of their work, the scope of Community legislation and the level of
       its importance
       to permit cross-fertilisation of ideas between national administrations on the
       way in which Community legislation can best be enforced
        to involve officials at middle management level so as to guarantee maximum
       dissemination of the results both now and in the future
       to utilise the results of the exchanges in such a way as to contribute to the
       objective of homogeneity of approach
Nature of the Action Plan
8.        The Action Plan is intended to reach all those involved in the enforcement
          of Community law in the internal market domain whether they be
          employed by national or local administrations or by the private bodies
          engaged by the administrations to carry out the enforcement tasks. The
          initiative will be made up of the following stages :
               the exchange of officials, between Member State administrations, from
               national and local levels together with those designated from the
               private sector by the responsible administrations, for a minimum stay
               of 2 months
               a short seminar, maximum 4 days duration, will be held at the end of
               each phase in order to allow participants to assess the usefulness of the
               exchange
               an end of stay report will be compiled on the basis of the experience
               gained during the exchange
                language courses will be provided, where necessary, in order to enable
                participants to gain optimum benefit from the exchange
                training seminars will be organised which will deal with the European
                Communities and their foundations, common policies and recent
                developments in order to contribute towards a greater awareness of the
 ---pagebreak---               Communities' activities and relevance to national administrations
              throughout the Member States.
9.       Candidates upon taking up duty will be expected to participate in the day to
         day routine work of the host administration and will be bound by the same
         rules of professional secrecy as national officials
10.    Exchange officials, for the duration of their stay, will be accorded the same
       legal status as national officials
Organisation of the Action Plan
11.      Candidates will forward their applications to the Commission's services
         where an assessment will be made of eligibility. Selection will be made on
         the basis of professional background, activities in the enforcement of
         Community rules in the chosen field and suitable linguistic ability.
12.    The names of successful applicants will be forwarded to Liaison Officers in
       the individual Member State administrations who will be charged with the
       responsibility of setting up the exchange.
13.    Upon completion of the exchange the official will take part in the end of stay
       seminar as outlined above.
14.    Each year the Commission will submit a report which will be discussed by a
       Committee made up of representatives from the Member States. The
       Committee will assist the Commission in the identification of annual
       priorities in line with the deadlines for entry into force of Community
       legislation. The Member States will be called upon to appoint a co-ordinator
       in charge of the management of the Action Plan in their respective
       administrations.
Preparation
15.      In a first step towards setting up the initiative, the Commission took
         contact with the European Institute of Public Administration (EIPA) in
         Maastricht in order to launch a pilot phase. Three officials - British,
         Spanish and Danish - took part. The British official was posted to France
         whilst the Spanish and Danish officials were both posted to the United
         Kingdom.        The areas chosen were certification, construction and
         pharmaceutical products. An evaluation of the pilot phase, based on the
         experience of the candidates, has been drawn up and demonstrates the
         worthwhile nature of the initiative. The officials were uniform in their
         approval of the exchange initiative which gave them the opportunity to see,
         at close range, how officials in other Member State administrations
         approach the whole question of the enforcement of Community legislation.
Finance
16.    The costs of each exchange will be distributed equally between the
       Commission and the Member States. Application forms for the programme
       include a clause whereby the signatory authority concerned confirms that its
       administration will finance its share or the costs involved.
17.    It is difficult for the Commission to organise strict twinning of exchanges in
       this instance. However, the aim is that each administration will host an
       exchange official even if the nationality of that official does not correspond
       to the subsequent destination of officials from the host service.
 ---pagebreak--- 18.    From 1992 onwards, it is planned that financial provision for the initiative
       will come under budget line B 5 - 3000 in the Community budget. This is
       designed to ensure the continuation of the Action Plan which will be of a
       multiannual nature. The number of officials expected to participate will be
       500 if the initiative extends to all internal market domains.
19.    A financial memorandum outlining the estimated total costs of the
       programme on the basis of 50 participants in 1992 can be found at Annex I.
Scope of the Action Plan
20.    The Action Plan will relate to exchanges in the internal market domain
       except where specific measures have been launched, e.g. the
       MATTHAEUS, INTERFISC and Veterinary programmes.
The legal base
21.    Article 100A has been chosen as the legal base for this Decision. Article
       100A has as its objective the establishment and functioning of the internal
       market. This legal base is chosen since the objective of the proposed
       Decision is to improve the enforcement of Community legislation required to
       build the single market. Furthermore, the recent Court of Justice ruling in
       the dioxide case (6)which states that any measure linked to the completion of
       the internal market may use Article 100A, gives credence to this choice of
       legal base.
(6) Case Number C 300/89, 11 June 1991
 ---pagebreak---       PROPOSAL FOR A COUNCIL DECISION ON THE ADOPTION OF ÂH
      ACTION ELAN FOR THE EXCHANGE OF NATIONAL OFFICIALS
      BETWEEN           MEMBER STATE ADMINISTRATIONS WHO A502
      ENGAGED M THE ENFORCEMENT O F COMMUNITY LEGISLATION
      REQUIRED TO BUILD THE SINGLE MARKET
    THE COUNCIL OF THE EUROPEAN COMMUNITIES
    Having regard to the Treaty establishing the European Economic Community and in
    particular Article 100A thereof
    Having regard to the proposal from the Commission (1)
    In cooperation with the European Parliament (2)
    Having regard to the opinion of the Economic and Social Committee (3)
    Whereas the establishment and functioning of the internal market requires uniform
35"
    application of Community legislation in the Member States
    Whereas such a uniform application cannot be achieved withcut closer cooperation
    and the building of mutual confidence between national administrations
    Wnereas an Action Plan for the exchange of national officials engaged in the
    enforcement of Community legislation in the internal market domain would s ;sm an
    appropriate measure in the pursuit of these objectives
                                                                                             I
    Whereas the Action Pian will consist of exchanges between Member State
    administrations, wherein the officials will take part in the day to day running of the
    host service
    Whereas the provision of language training courses in the home administrations?
    especially the less widely spoken languages, should become an integral part of the
    Action Plan
m.
    Whereas the Action Plan will also include the organisation of training seminars
    designed to acquaint officials with the foundations of the Community and the on-
    going policies and objectives
 %   Whereas this Action Plan shall run concurrently with, but independently of, other
 fç exchange programmes for national officials
    Whereas the legal status of the exchange officials will be the same as that of
^   national officials where, in performing their duties, their civil liability is put at issue
[fE by a third party
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m   Whereas exchange officials will be bound by the same rules of professional secrecy
K   as national officials given that the exchange official will take part in the routine
|§  work of the administration to which he or she is seconded
|i| Whereas the cost of financing the Action Plan will be shared by the Commission
12^ and the Member States
 m,
 4:
 ---pagebreak--- Whereas, from 1992 onwards, a specific budget line will be included in the
Community budget to ensure the Community contribution to the financing of the
programme
Whereas it is necessary to ensure the uniform application of this Decision and, for
that purpose, to provide for a Community procedure for the enactment of
implementing rules; whereas a Committee should be set up to provide a forum for
close and effective cooperation between the Member States and the Commission in
this field
HAS ADOPTED THIS DECISION :
                                         Article 1
This decision establishes the Community's Action Plan for the exchange of national
officials between Member State administrations who are engaged in the enforcement
of Community legislation required to build the Single Market.
                                         Article 2
This Action Plan does not affect exchanges and training programmes in the customs
and fiscal areas which may be decided by the Council from time to time such as the
MATTHAEUS Programme for the exchange of customs officials.
                                         Article 3
For the purpose of this decision :
(a)      the term "exchange official'' shall mean a national official of a Member State
         required to perform the duties entrusted to him in the host service which is
         engaged in the enforcement of Community legislation in the internal market
         domain at national, regional or local level in public administration or private
         bodies
(b)      "host service" shall mean the national administration in which the exchange
         official is required to perform his duties
                                         Article 4
r
  rhe objectives of the Action Plan are as follows :
a)       to develop a convergent approach in the enforcement of Community
         legislation in the single market domain
 b)      to make national officials aware of the European dimension of their work
         and to build mutual confidence between the national administrations in
         charge of the enforcement of Community law
c)       to permit cross-fertilisation of ideas between national administrations on the
         way in which Community legislation can best be enforced
                                         Article 5
 r
  rhe Action Plan will function as follows
         the exchange of officials employed in the enforcement of Community law
         will be arranged through a designated officer in the home administration and
 ---pagebreak---                 will involve officials at middle management level in order to ensure
                 maximum benefit from the programme
                a training seminar providing basic information on the origins of the
                Community and its on-going policies and objectives will be provided for
                those officials accepted for the Action Plan or wishing to take part in the
                 Action Plan at a future date
    4k-
                 the exchange, between the Member State administrations, will last for a
                 minimum of 2 months
    5è
                at the end of the exchange, a seminar will take place at which participants
                will be given an opportunity to assess the Action Plan and point out any
                perceived shortcomings
                the provision of language courses will be arranged, within the Member State
                administrations, before the commencement of the exchange, so as to ensure
                optimum benefit to the participant from the measure
                                                  Article 6
        1.       Member States shall take the necessary steps to enable exchange officials to
                be operational in the host service; to this end exchange officials shall be
                 authorised to carry out the formalities relating to the duties entrusted to them
        2.       During the period of the exchange, the civil liability of the exchange official
                 during the performance of his duties shall be assimilated to that of the
                 national officials in the host service
« * * •
        3.       Exchange officials shall be bound by the same rules of professional secrecy
                 as national officials
                                                  Article 7
        In order to facilitate the organisation of the exchanges, the Member States will
        designate a service responsible, in their adminstrations, for the management of the
        initiative.
                                                  Article 8
        1.       Member States shall establish language training for their officials who are
                 likely to participate in the exchange
        2.       The training should cover all official Community languages.
                                                  Article 9
* * •
        The cost of each exchange will be shared between the Member State administration
Hr      and the Commission, the Commission contributing towards travel, daily allowances,
2T-     organisational costs, seminars and meetings
 Si                                              Article 10
        In carrying out its tasks, the Commission shall be assisted by a Committee of an
 ^      advisory nature composed of representatives of the Member States and chaired by
  "*"   the representative of the Commission.
    ££:
 ---pagebreak--- 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, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall
have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the
Committee. It shall inform the Committee of the manner in which its opinion has
been taken into account.
                                        Article U
1.     The Action Plan shall l>e multiannual.
2.     The Commission shall submit an annual report on the implementation of the
       Action Plan to the European Parliament and the Council.
                                        Article 12
Before 1 July 1993, the Commission shall submit a report on the experience
acquired in implementing the Action Plan to the European Parliament and to the
Council accompanied, if appropriate, by a proposal for its adaptation.
                                        Article 13
This Decision shall be applicable from
                                        Article 14
This Decision is addressed to the Member States
Done at Brussels, (date)
                                                      For the Council
                                                     The President
 ---pagebreak---                                          3
                                                             ANNEX \
                            FINANCIAL STATEMENT
    SECTION 1:   FINANCIAL IMPLICATIONS
1. Action plan for the exchange of national officials between
    Member State administrations engaged in the enforcement of Community
    law in the internal market domain.
2. Budget heading involved:    B 5-3000.
3. Legal basis: Article 100a of the EEC Treaty.
4. Objectives, duration and beneficiaries of the proposed measure:
4.1    Objectives
    -  to encourage a uniform approach in the future enforcement of
       Community legislation;
    -  to make officials in national administrations aware of the
       European dimension of their work, the scope of Community
        legislation and its importance;
    -  to permit cross-fertilization of ideas between national
       administrations on the way in which Community legislation can
       best be enforced;
    -  to involve officials at middle management level so as to
       guarantee maximum dissemination of the results both now and in
       the future;
    -  to use the results of the exchanges in such a way as to
       contribute to the objective a uniform approach.
4.2    Durât ion
    -   the action plan, which is a specific measure, is intended to be
       multiannual and each exchange is planned to last for a minimum
       period of two months.
4.3    Beneficiaries of the measure
    Officials employed by Member State administrations, from national
    and local levels, together with those designated from the private
    sector by the responsible administrations.
5. Classification of expenditure or revenue
5.1    Non-compulsory expenditure on operations.
5.2    Differentiated appropriations.
5.3    N/A.
 ---pagebreak---                                            /O
    Type of expenditure or revenue
    Expenditure will relate to travel, daily allowances, organizational
    costs, training seminars and the projected end-of-exchange meeting.
6.2     The Initiative will be co-financed by the Commission and the
        Member State administrations concerned.
7. Financial impact on appropriations for operations
    (part B of the budget)
7.1     On the basis of the participation of 50 officials in 1992, the
        total cost will be ECU 642 980.
    Operational costs
-   50 officla is on a two-month exchange:    189 875
-   End-of-exchange seminar:                           18 875
    TOTAL :                                           208 750
7.2     Proportion of mini-budget  in total cost of operation:
-   Training seminars held in Member States on aspects of Community
    poI icy:
    3 x 7 150, including interpreting:                          21 450
-   3 experts on the internal market, working in house:        144 000
-   2 category C staff working In house under contract
    (back-up for the 3 experts and inputting technical and
    administrative data for the department):                    82 280
     Infrastructure
    5 x (in house) 15 700:                                      78 500
-   Meetings of the Advisory Committee:
    12 X 9 000:                                                108 000
    TOTAL:                                                     434 230
7.3     For 1992:
    Commitments                                       Payments
    ECU                                               ECU
    642 980                                           642 980
8. Anti-fraud measures (monitoring, possibility of an audit,
    obligations of the contractor under Commission contracts with
    outside suppliers) are provided for in the contract between the
    Commission and the beneficiaries of the operation.
 ---pagebreak---                                         M
SECTION 2:    ADMINISTRATIVE EXPENDITURE (part A of the budget)
No impact on the Commission's staff complement.
SECTION 3:    ELEMENTS OF COST-EFFECTIVENESS ANALYSIS
1. Objectives and coherence with financial programming:
1.1    The main objective of the action plan is to ensure the proper
       enforcement of Community legislation in the context of completion
       of the internal market.    This objective was included in the
       Commission's communication of September 1989 concerning
       implementation of Community legislation and is currently included
       in the Commission's work programme for 1991.
1.2    The operation is incorporated in DG Ill's financial programming.
1.3    Completion of the internal market.
2. Grounds for the operation:
    All the budgetary requirements are strictly necessary if the
    Commission is to discharge its institutional duty to ensure that the
    rules laid down by the Council are Implemented satisfactorily.    Any
    neglect of the Commission's duty would be liable to render the
    legislation inoperative.
3. Monitoring and evaluation of the operation:
3.1    See point 3.2.
3.2    An end-of-exchange seminar will take place at which participants
       will assess the experience gained; meetings with the
       Advisory Committee; annual report to be submitted by the
       Commi ss i on.
3.3    This operation responds to a need voiced by Member States.    The
       only uncertainty lies in the number of officials interested in
       taking part.
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(91) 408 final
                                                     DOCUMENTS
EN                                                                             01
                               Catalogue number : CB-CO-91-447-EN-C
                                                            ISBN 92-77-76572-0
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