Commission Regulation (EEC) No 85/93 of 19 January 1993 concerning control agencies in the tobacco sector

COMMISSION REGULATION (EEC) No 85/93 of 19 January 1993 concerning control agencies in the tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 laying down special measures in respect of the market in raw tobacco (1), and in particular Article 20 (8) thereof,
Whereas, under Article 20 (2) of Regulation (EEC) No 2075/92, each Member State producing more than a minimal quantity is to set up an agency for the purpose of carrying out certain checks and other duties in connection with the tobacco production aid  scheme; whereas the agency must be in a position to carry out the tasks specified in that Regulation; whereas each agency must therefore possess the minimum powers required to discharge those tasks;
Whereas, in order to guarantee the correct and effective application of the rules in the sector, Article 20 (3) of Regulation (EEC) No 2075/92 specifies that the agency shall be given full powers by the Member State concerned to carry out its tasks;  whereas to this end each Member State concerned must confer on the agency's inspectors powers to demand such information and make such verifications as are necessary for accomplishment of the agency's tasks;
Whereas the supervision of the application of Community rules requires the verification of the characteristics of tobacco; whereas it is therefore necessary to allow the inspectors to take samples of tobacco stored by persons subject to supervision;
Whereas in the interest of improving the efficacy of inspections provision should be made for control units operating within each agency;
Whereas the Member States concerned must take all measures necessary to safeguard the rights of persons subject to control whose interests may be affected thereby;
Whereas the agency will carry out its work in the framework of a work schedule and budget drawn up by the Member State concerned acting on a proposal from the agency and after consulting the Commission; whereas the minimum content of the schedule and  size of the budget, and also the procedure to be followed for their establishment and possible adjustment, should therefore be laid down;
Whereas, under Article 20 (4), second subparagraph, of Regulation (EEC) No 2075/92, the Commission shall regularly monitor the work of the agencies; whereas a procedure should consequently be laid down by which the Commission and the Member State  concerned will be kept informed of the progress of such work;
Whereas, in order for the Commission to supervise the operation and the activities of the agencies properly it is advisable to provide for the possibility of the latter's being represented in the agencies and for the laying-down of detailed provisions  for such participation;
Whereas the Community will contribute to the actual expenditure of the agencies; whereas procedures for this financing operation should therefore be laid down, together with procedures for any verification work in connection with it;
Whereas Article 20 (4), third subparagraph, of Regulation (EEC) No 2075/92 provides that the agency shall submit to the Member State and the Commission regular reports on the work which it has carried out; whereas time limits for the submission of these  reports should be fixed;
Whereas it is appropriate to provide for special measures for 1993 because of the time necessary for the setting-up of control agencies in Member States which produce tobacco;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,