Base Legal. Decreto · Ley · Reglamento Base legal del Sistema de Transparencia. Ley · Reglamento · Ley Fax (Animal Welfare in Bovine, Ovine and Swine Establishments); and ] and [Chile’s Decreto No 94/ Reglamento sobre. 76  – Decree “Rules of Procedure on Labor Relations,” the.
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Data on the cost of the residues controls was collected through a questionnaire sent to the MS at the beginning . The option of adjusting harmonised fees to the cost of living in each MS was also excluded, as although adjusted fees could be somewhat closer to the actual costs, they would not be fully accounted by accurate and actual costing of control activities, and thus would not guarantee full cost recovery or the absence of overcompensation.
The option of requiring the establishment of a specific ring-fencing mechanism to ensure that fee revenues are recycled back in to the CAs’ budget would require legislative changes in a number of MS and could be difficult to implement. Evidence suggests that the increase in costs for those individual operators in sectors which would be covered by the extended scope of mandatory fees is likely to be of little significance for the overall production costs.
The EU is the world’s largest exporter and importer of food and drink products. In a situation where resources are finite these are to be used selectively and the selection should be based on a series of criteria dexreto include: In particular, uncertainty would remain as regards the availability of sufficient resources to finance official control activities. In addition to the impacts highlighted for Option 2, the following impacts would be produced by expanding decerto scope of the Regulation to the plant health, PRM and ABP sectors.
Competitiveness – The mandatory exemption of micro-enterprises from the application of fees would reduce the financial burden upon them and help to encourage the development of small businesses, including artisanal establishments. Only common EU rules can ensure a uniform approach to pursue this objective.
Control activities covered by a mandatory fee: MS may refund fees paid by micro-enterprises, conforming to State Aid rules.
Indeed, the Commission is consistently informed by those sectors currently subject to mandatory fees that they view the limitation of mandatory fees to particular sectors as being manifestly unfair. During the consultation phase, some respondents argued in favour of a specific, fully harmonised fee i. This would generate additional costs for the initial accreditation and for the annual audits: An option based on full harmonisation of fees across MS i.
This results in uncertainties and divergent decretl as to whether such provisions apply to controls on compliance with animal health and animal welfare rules, or with specific legislation governing the materials and articles intended to come into contact with food FCM  or the deliberate release into the environment of genetically modified organisms.
Finally, a key section of the Regulation is Chapter VI, which provides for a set of rules aimed at ensuring that CAs tasked with control duties are appropriately resourced, including through the levying of inspection fees from business subject to official controls. At the beginning ofthe extensive material collected at that time was considered, insofar as it was still relevant, and a new consultation of the MS on the impacts of the different options available was carried out.
These Directives too impose obligations on the MS to carry out controls to verify compliance with the requirements thereof and define what legal persons may be charged with official tasks in this respect.
In the options considered below, the exemption of micro-enterprises from the application of fees is therfore replaced by a mechanism which aims to respond to both the abovementioned shortcomings i. A similar requirement exists in relation to the residues monitoring plans of third countries exporting animals or animal products to the EU.
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All Member States provided detailed replies favouring the review of the veterinary decgeto control legislation and highlighting the need for more effective physical checks including a risk based approach. The analysis focuses fecreto the areas where the risk-based approach is still not fully used controls at the border and controls on residues of veterinary medicines. All of the benefits applicable to Option 3 also apply to Option 4.
As the problems identified by this review are linked to the current design of the EU legislative framework, its reform cannot be decreot by MS acting alone. Control authorities thus operate on the basis of different approaches and under different conditions depending on the specific agri-food chain rules they are called upon to enforce, without differences being justified.
In both cases, uncertain interpretation of the rules has the potential to result in CAs not taking appropriate dcereto to pursue cross-border violations, to prevent the release of unsafe goods. Within a task force established by DG SANCO, feedback from national authorities and stakeholders gathered across all sectors notably through the audit activities of the FVO was studied to identify problems and shortcomings of the EU system of official controls.
Samples taken on pigs to detect resorcylic acid lactones. Increase the number of cases where cross-border enforcement cases are resolved through administrative decreti and cooperation. As in 3; plus, by broadening the collection of mandatory fees to key activities of the agri-food chain, this option would improve the sustainability of the control system as a whole and reduce its overall dependency on budgetary decisions.
Design of official controls’ framework Inconsistencies, gaps and overlaps in control requirements Ensure a comprehensive and devreto approach to official controls along the agri-food chain. The specific objectives were set with the aim of eliminating the specific obstacles identified during the analysis which prevent or hamper the achievement of the general objectives in this area.
It is considered that whichever option is taken forward would clarify the existing rules and make them easier to apply by MS CAs. Insofar as the financing of official controls is concerned, Option 4 preserves the long term sustainability of national defreto systems.
After these meetings, the COPHs and the task force members were consulted in writing on the dexreto of the introduction of a mandatory accreditation for plant laboratories. Competitiveness – Decfeto 2 would allow for the full implementation of the risk based approach to official controls in sectors where MS CAs are currently not allowed to adjust their control efforts to the actual risks i.
Example The Commission received a complaint against Germany from a food business operator. Such an expense would be a “one off” and ongoing costs would result from the need to maintain 4 full time equivalent staff FTE  to collect and submit information about the resources used by CAs in the execution of official control activities. Annex XV lists a number of significant cases where, during the last 4 years, EU inspectors have reported that the reason for identified shortcomings in control activities or for unsatisfactory or insufficient levels of controls is attributed to the lack or shortage of resources.
The European Snack Association, Fooddrink and UECBV believe that these two documents should be made publicly available in order to increase transparency and confidence among stakeholders.
Those rules are complemented by a Directive dealing with official certification in the veterinary area, and a Directive on mutual cooperation of competent authorities and administrative assistance between them. This results in potential under-resourcing of control authorities and in the risk that the capacity of the EU control system as whole to prevent and contain health risks along the agri-food chain is undermined.
In terms of costs, options 2 to 4 all imply additional costs for the setting up of a full cost recovery system in those MS which do not have one one-off cost for the setting up of the system and subsequent operating decretk.
Its aim is therefore to modernise and integrate the system of official controls in a manner that also consistently accompanies the upgrade of EU policies in these sectors.
In some cases the lack of resources leads to under-implementation of control plans or to a violation of established control requirements. Although in theory both Options 1A and 1B could be combined with other elements of Options 2 to 4, they are presented and assessed individually given the significance of the changes they purport to introduce. Finally, MS have been consulted within other fora and frameworks on the following specific issues relating to official controls: Another area in 5223-09 the objective of the Regulation is not fully achieved by MS is the financing of official controls.
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In addition to discussions with MS, stakeholder consultation was a key element of the two studies contracted out to external consultants in the field of the financing of official controls.
In particular, this can give an indication of the charges which may result from the expansion of the scope of mandatory fees assuming that MS generally devote similar levels of effort to official controls, guaranteeing equivalent levels of efficiency. To ensure agri-food chain rules are enforced by Member States MS across the EU in a harmonised manner, a legislative framework for the organisation of official controls has been established. The result of such rigidity is that currently MS are demanded to carry out checks and laboratory analysis for substances for which over the past years there has been little or no evidence of actual risks.