Pending: 32001D0556

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs(1), as last amended by Council Decision 98/603/EC(2), and in particular Article 2(1) thereof,Whereas:(1) Part XIII of the Annex to Commission Decision 94/278/EC(3), as last amended by Decision 98/597/EC(4), draws up a list of third countries from which the Member States authorise imports of gelatine intended for human consumption.(2) Chapter 4 of Annex II to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and pubic health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(5), as last amended by Decision 1999/724/EC(6), lays down the health conditions applicable to putting on the market and for imports of gelatine intended for human consumption. Furthermore, Commission Decision 2000/20/EC(7) establishes health certificates for the importation of gelatine from third countries.(3) The Commission has received lists of establishments from certain third countries listed in Part XIII of the Annex to Decision 94/278/EC. The competent authorities of these third countries have provided the Commission with guarantees that their establishments fully meet the relevant Community health requirements.(4) In order to allow the time necessary to carry out Community inspections in third countries to verify the validity of the above guarantees provided by the competent authorities of the third countries concerned and to avoid disruption in trade from third countries, provisional lists of establishments producing gelatine for human consumption should thus be drawn up in accordance with the procedure laid down in Decision 95/408/EEC.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
Member States shall authorise imports of gelatine intended for human consumption from the establishments listed in the Annex.

Article 2
This Decision shall apply from 1 September 2001.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 11 July 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 243, 11.10.1995, p. 17.
(2) OJ L 289, 28.10.1998, p. 36.
(3) OJ L 120, 11.5.1994, p. 44.
(4) OJ L 286, 23.10.1998, p. 59.
(5) OJ L 62, 15.3.1993, p. 49.
(6) OJ L 290, 12.11.1999, p. 32.
(7) OJ L 6, 11.1.2000, p. 60.
ANEXO/BILAG/ANHANG/ΠΑΡΑΡΤΗΜΑ/ANNEX/ANNEXE/ALLEGATO/BIJLAGE/ANEXO/LIITE/BILAGA
LISTA DE LOS ESTABLECIMIENTOS/LISTE OVER GODKENDTE GRÆNSEKONTROLSTEDER/VERZEICHNIS DER BETRIEBE/ΠΙΝΑΚΑΣ ΤΩΝ ΕΓΚΑΤΑΣΤΑΣΕΩΝ/LIST OF ESTABLISHMENTS/LISTE DES ÉTABLISSEMENTS/ELENCO DEGLI STABILIMENTI/LIJST VAN BEDRIJVEN/LISTA DOS ESTABELECIMENTOS/LUETTELO LAITOKSISTA/FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: gelatina destinada al consumo humano/Produkt: gelatine til konsum/Erzeugnis: zum Verzehr bestimmte Gelatine/Προϊόν: ζελατίνη με προορισμό την κατανάλωση από τον άνθρωπο/Product: gelatine intended for human consumption/Produit: gélatine destinée à la consommation humaine/Prodotto: gelatine destinate al consumo umano/Product: voor menselijke consumptie bestemde gelatine/Produto: gelatina destinada ao consumo humano/Tuote: ihmisravinnoksi tarkoitettu gelatiini/Varuslag: gelatin avsett som livsmedel

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs(1), as last amended by Council Decision 98/603/EC(2), and in particular Article 2(1) thereof,Whereas:(1) Part XIII of the Annex to Commission Decision 94/278/EC(3), as last amended by Decision 98/597/EC(4), draws up a list of third countries from which the Member States authorise imports of gelatine intended for human consumption.(2) Chapter 4 of Annex II to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and pubic health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(5), as last amended by Decision 1999/724/EC(6), lays down the health conditions applicable to putting on the market and for imports of gelatine intended for human consumption. Furthermore, Commission Decision 2000/20/EC(7) establishes health certificates for the importation of gelatine from third countries.(3) The Commission has received lists of establishments from certain third countries listed in Part XIII of the Annex to Decision 94/278/EC. The competent authorities of these third countries have provided the Commission with guarantees that their establishments fully meet the relevant Community health requirements.(4) In order to allow the time necessary to carry out Community inspections in third countries to verify the validity of the above guarantees provided by the competent authorities of the third countries concerned and to avoid disruption in trade from third countries, provisional lists of establishments producing gelatine for human consumption should thus be drawn up in accordance with the procedure laid down in Decision 95/408/EEC.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Member States shall authorise imports of gelatine intended for human consumption from the establishments listed in the Annex.
This Decision shall apply from 1 September 2001.
This Decision is addressed to the Member States.
Done at Brussels, 11 July 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 243, 11.10.1995, p. 17.
(2) OJ L 289, 28.10.1998, p. 36.
(3) OJ L 120, 11.5.1994, p. 44.
(4) OJ L 286, 23.10.1998, p. 59.
(5) OJ L 62, 15.3.1993, p. 49.
(6) OJ L 290, 12.11.1999, p. 32.
(7) OJ L 6, 11.1.2000, p. 60.
ANEXO/BILAG/ANHANG/ΠΑΡΑΡΤΗΜΑ/ANNEX/ANNEXE/ALLEGATO/BIJLAGE/ANEXO/LIITE/BILAGA
LISTA DE LOS ESTABLECIMIENTOS/LISTE OVER GODKENDTE GRÆNSEKONTROLSTEDER/VERZEICHNIS DER BETRIEBE/ΠΙΝΑΚΑΣ ΤΩΝ ΕΓΚΑΤΑΣΤΑΣΕΩΝ/LIST OF ESTABLISHMENTS/LISTE DES ÉTABLISSEMENTS/ELENCO DEGLI STABILIMENTI/LIJST VAN BEDRIJVEN/LISTA DOS ESTABELECIMENTOS/LUETTELO LAITOKSISTA/FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: gelatina destinada al consumo humano/Produkt: gelatine til konsum/Erzeugnis: zum Verzehr bestimmte Gelatine/Προϊόν: ζελατίνη με προορισμό την κατανάλωση από τον άνθρωπο/Product: gelatine intended for human consumption/Produit: gélatine destinée à la consommation humaine/Prodotto: gelatine destinate al consumo umano/Product: voor menselijke consumptie bestemde gelatine/Produto: gelatina destinada ao consumo humano/Tuote: ihmisravinnoksi tarkoitettu gelatiini/Varuslag: gelatin avsett som livsmedel

Pending: 32001D0527

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) The freedom to provide services and the free movement of capital constitute priority objectives of the Community, as referred to in Articles 49 and 56 of the EC Treaty.(2) Building a genuine internal market for financial services is crucial for increasing economic growth and job creation in the Community.(3) The Commission action plan for financial services(1) identifies a series of actions that are required in order to complete the single market for financial services.(4) At its meeting in Lisbon in March 2000, the European Council called for the implementation of this action plan by 2005.(5) On 17 July 2000 the Council set up the Committee of Wise Men on the regulation of European securities markets.(6) In its final report, the Committee of Wise Men called for the establishment of two committees, the European Securities Committee, comprising high-level representatives of Member States, and the Committee of European Securities Regulators, comprising senior representatives from the national public authorities competent in the field of securities in order, inter alia, to advise the Commission.(7) In its resolution on more effective securities-market regulation in the European Union, the Stockholm European Council welcomed the Commission’s intention formally to establish an independent regulators committee, as proposed in the report of the Committee of Wise Men.(8) The Committee of European Securities Regulators should serve as an independent body for reflection, debate and advice for the Commission in the securities field.(9) The Committee of European Securities Regulators should also contribute to the consistent and timely implementation of Community legislation in the Member States by securing more effective cooperation between national supervisory authorities, carrying out peer reviews and promoting best practice(2).(10) The Committee of European Securities Regulators should organise its own operational arrangements and maintain close operational links with the Commission and the European Securities Committee. It should elect its chairperson from among its members.(11) The Committee of European Securities Regulators should consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.(12) The Committee of European Securities Regulators should draw up its own rules of procedure and fully respect the prerogatives of the institutions and the institutional balance established by the Treaty(3),HAS DECIDED AS FOLLOWS:Article 1An independent advisory group on securities in the Community, called the “Committee of European Securities Regulators” (hereinafter referred to as the “Committee”), is hereby established.Article 2The role of the Committee shall be to advise the Commission, either at the Commission’s request, within a time limit which the Commission may lay down according to the urgency of the matter, or on the Committee’s own initiative, in particular for the preparation of draft implementing measures in the field of securities.Article 3The Committee shall be composed of high-level representatives from the national public authorities competent in the field of securities. Each Member State shall designate a high-level representative from its competent authority to participate in the meetings of the Committee.The Commission shall be present at meetings of the Committee and shall designate a high-level representative to participate in all its debates.The Committee shall elect a chairperson from among its members.The Committee may invite experts and observers to attend its meetings.Article 4The Committee shall maintain close operational links with the Commission and the European Securities Committee.It may set up working groups.Article 5Before transmitting its opinion to the Commission, the Committee shall consult extensively and at the early stage with market participants, consumers and end-users in an open and transparent manner.Article 6The Committee shall present an annual report to the Commission.Article 7The Committee shall adopt its own rules of procedure and organise its own operational arrangements.Article 8The Committee shall take up its duties on 7 June 2001Done at Brussels, 6 June 2001.For the CommissionFrederik BolkesteinMember of the Commission(1) COM(1999) 232 final.(2) Text taken from the third paragraph of point 6 of the Stockholm European Council resolution.(3) Text taken from the last paragraph of the preamble to the Stockholm European Council resolution.

Article 1
An independent advisory group on securities in the Community, called the “Committee of European Securities Regulators” (hereinafter referred to as the “Committee”), is hereby established.

Article 2
The role of the Committee shall be to advise the Commission, either at the Commission’s request, within a time limit which the Commission may lay down according to the urgency of the matter, or on the Committee’s own initiative, in particular for the preparation of draft implementing measures in the field of securities.

Article 3
The Committee shall be composed of high-level representatives from the national public authorities competent in the field of securities. Each Member State shall designate a high-level representative from its competent authority to participate in the meetings of the Committee.
The Commission shall be present at meetings of the Committee and shall designate a high-level representative to participate in all its debates.
The Committee shall elect a chairperson from among its members.
The Committee may invite experts and observers to attend its meetings.

Article 4
The Committee shall maintain close operational links with the Commission and the European Securities Committee.
It may set up working groups.

Article 5
Before transmitting its opinion to the Commission, the Committee shall consult extensively and at the early stage with market participants, consumers and end-users in an open and transparent manner.

Article 6
The Committee shall present an annual report to the Commission.

Article 7
The Committee shall adopt its own rules of procedure and organise its own operational arrangements.

Article 8
The Committee shall take up its duties on 7 June 2001
Done at Brussels, 6 June 2001.
For the Commission
Frederik Bolkestein
Member of the Commission
(1) COM(1999) 232 final.
(2) Text taken from the third paragraph of point 6 of the Stockholm European Council resolution.
(3) Text taken from the last paragraph of the preamble to the Stockholm European Council resolution.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) The freedom to provide services and the free movement of capital constitute priority objectives of the Community, as referred to in Articles 49 and 56 of the EC Treaty.(2) Building a genuine internal market for financial services is crucial for increasing economic growth and job creation in the Community.(3) The Commission action plan for financial services(1) identifies a series of actions that are required in order to complete the single market for financial services.(4) At its meeting in Lisbon in March 2000, the European Council called for the implementation of this action plan by 2005.(5) On 17 July 2000 the Council set up the Committee of Wise Men on the regulation of European securities markets.(6) In its final report, the Committee of Wise Men called for the establishment of two committees, the European Securities Committee, comprising high-level representatives of Member States, and the Committee of European Securities Regulators, comprising senior representatives from the national public authorities competent in the field of securities in order, inter alia, to advise the Commission.(7) In its resolution on more effective securities-market regulation in the European Union, the Stockholm European Council welcomed the Commission’s intention formally to establish an independent regulators committee, as proposed in the report of the Committee of Wise Men.(8) The Committee of European Securities Regulators should serve as an independent body for reflection, debate and advice for the Commission in the securities field.(9) The Committee of European Securities Regulators should also contribute to the consistent and timely implementation of Community legislation in the Member States by securing more effective cooperation between national supervisory authorities, carrying out peer reviews and promoting best practice(2).(10) The Committee of European Securities Regulators should organise its own operational arrangements and maintain close operational links with the Commission and the European Securities Committee. It should elect its chairperson from among its members.(11) The Committee of European Securities Regulators should consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.(12) The Committee of European Securities Regulators should draw up its own rules of procedure and fully respect the prerogatives of the institutions and the institutional balance established by the Treaty(3),HAS DECIDED AS FOLLOWS:Article 1An independent advisory group on securities in the Community, called the “Committee of European Securities Regulators” (hereinafter referred to as the “Committee”), is hereby established.Article 2The role of the Committee shall be to advise the Commission, either at the Commission’s request, within a time limit which the Commission may lay down according to the urgency of the matter, or on the Committee’s own initiative, in particular for the preparation of draft implementing measures in the field of securities.Article 3The Committee shall be composed of high-level representatives from the national public authorities competent in the field of securities. Each Member State shall designate a high-level representative from its competent authority to participate in the meetings of the Committee.The Commission shall be present at meetings of the Committee and shall designate a high-level representative to participate in all its debates.The Committee shall elect a chairperson from among its members.The Committee may invite experts and observers to attend its meetings.Article 4The Committee shall maintain close operational links with the Commission and the European Securities Committee.It may set up working groups.Article 5Before transmitting its opinion to the Commission, the Committee shall consult extensively and at the early stage with market participants, consumers and end-users in an open and transparent manner.Article 6The Committee shall present an annual report to the Commission.Article 7The Committee shall adopt its own rules of procedure and organise its own operational arrangements.Article 8The Committee shall take up its duties on 7 June 2001Done at Brussels, 6 June 2001.For the CommissionFrederik BolkesteinMember of the Commission(1) COM(1999) 232 final.(2) Text taken from the third paragraph of point 6 of the Stockholm European Council resolution.(3) Text taken from the last paragraph of the preamble to the Stockholm European Council resolution.
An independent advisory group on securities in the Community, called the “Committee of European Securities Regulators” (hereinafter referred to as the “Committee”), is hereby established.
The role of the Committee shall be to advise the Commission, either at the Commission’s request, within a time limit which the Commission may lay down according to the urgency of the matter, or on the Committee’s own initiative, in particular for the preparation of draft implementing measures in the field of securities.
The Committee shall be composed of high-level representatives from the national public authorities competent in the field of securities. Each Member State shall designate a high-level representative from its competent authority to participate in the meetings of the Committee.
The Commission shall be present at meetings of the Committee and shall designate a high-level representative to participate in all its debates.
The Committee shall elect a chairperson from among its members.
The Committee may invite experts and observers to attend its meetings.
The Committee shall maintain close operational links with the Commission and the European Securities Committee.
It may set up working groups.
Before transmitting its opinion to the Commission, the Committee shall consult extensively and at the early stage with market participants, consumers and end-users in an open and transparent manner.
The Committee shall present an annual report to the Commission.
The Committee shall adopt its own rules of procedure and organise its own operational arrangements.
The Committee shall take up its duties on 7 June 2001
Done at Brussels, 6 June 2001.
For the Commission
Frederik Bolkestein
Member of the Commission
(1) COM(1999) 232 final.
(2) Text taken from the third paragraph of point 6 of the Stockholm European Council resolution.
(3) Text taken from the last paragraph of the preamble to the Stockholm European Council resolution.

Pending: 32001D0496

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Whereas:(1) On 22 January 2001 the Council adopted Decision 2001/79/CFSP setting up the Military Committee of the European Union(1).(2) On 22 January 2001 the Council adopted Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union(2).(3) Members of the Military Staff are subject to rules which will be established in a Council Decision.(4) It is therefore appropriate to establish these rules,HAS DECIDED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Definition1. These rules apply to national military staff, hereinafter “military staff”, on secondment to the Council General Secretariat, hereinafter “General Secretariat”, in accordance with Decision 2001/80/CFSP.2. The persons covered by these rules shall remain in paid employment in an armed force of a Member State of the European Union throughout the period of secondment.3. Military staff on secondment shall be nationals of a Member State of the European Union.Article 2Period of secondment1. Military staff on secondment may be seconded for a maximum of three years. In exceptional cases, and taking account of particular tasks to be performed, the secondment may be extended for a period of up to one year.They shall serve on a full-time basis throughout the period of secondment.2. The probable period of secondment shall be fixed at the outset in the Exchange of Letters mentioned in Article 18(2).3. As a general rule, no military staff may be seconded to the General Secretariat more than once. However, a member of military staff who has already been seconded may be the subject of a fresh secondment measure after at least three years, save in exceptional cases, have elapsed between the end of the prior secondment and the fresh secondment, if conditions justify this and by agreement with the Secretary-General/High Representative.Article 3Duties1. Acting under the authority of the Secretary-General/High Representative, military staff on secondment shall fulfil the mission, carry out the tasks and perform the duties assigned to them in accordance with the Annex to Decision 2001/80/CFSP.2. Unless special instructions to the contrary are given under the authority of the Secretary-General/High Representative, military staff on secondment shall not enter into any commitment on the General Secretariat’s behalf with third parties.Article 4Level, professional experience and knowledge of languages1. To qualify for secondment to the General Secretariat, military staff must work at administrative or advisory level and show a high degree of competence for the duties to be carried out.2. Seconded military staff must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another to the extent necessary to carry out the duties involved.3. The appropriate level of security clearance for seconded military staff, which must not be lower than SECRET, must be stipulated in the Exchange of Letters mentioned in Article 18(2).4. Seconded military staff must have a good knowledge of the use of information technologies.Article 5Social security1. Before the period of secondment begins, the public administration from which a military staff member is to be seconded must certify to the General Secretariat that he will remain subject through the period of secondment to the social security legislation applicable to the public administration which employs him and which will assume responsibility for expenses incurred abroad.2. From the day a seconded military staff member takes up duty, he shall have personal cover against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.Article 6Breaks in or termination of periods of secondment1. The Secretary-General/High Representative may authorise breaks in periods of secondment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 when applicable shall be paid only if the break is at the Secretary-General/High Representative’s request.2. Periods of secondment may be terminated if the interests of the General Secretariat or of the national administration of the seconded military staff member so require or for any other sufficient cause.CHAPTER IIRIGHTS AND OBLIGATIONSArticle 71. A seconded military staff member shall carry out his duties and conduct himself solely with the interests of the Council in mind.2. A seconded military staff member shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.3. Any seconded military staff member who, in the performance of his duties, is called upon to pronounce on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.4. A seconded military staff member shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not legally made public. He shall continue to be bound by this obligation after his period of secondment has terminated.5. Seconded military staff shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.6. Seconded military staff shall be subject to the security rules and regulations in force in the General Secretariat.7. All rights in any work done by a seconded military staff member in the performance of his duties shall be the property of the General Secretariat.8. A seconded military staff member shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.9. A seconded military staff member shall assist and provide advice to the superiors to whom he is assigned. He shall be responsible to them for performance of the tasks entrusted to him.10. A period of secondment may be terminated without notice in serious cases of intentional or negligent failure of a seconded military staff member to comply with his obligations. A decision shall be taken by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. Before taking his decision, the Secretary-General/High Representative shall inform the Permanent Representative of the Member State of which the seconded military staff member is a national of that decision. Following the decision, the allowances referred to in Articles 14 and 15 shall not be granted.Before the decision referred to in the first subparagraph, a seconded military staff member may be suspended where serious failure is alleged against him by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. The allowances referred to in Articles 12 and 13 shall not be paid during this suspension, which may not exceed three months.The Secretary-General/High Representative may bring to the attention of national authorities any violation by the seconded military staff member of the rules set out or referred to in the present Decision.A seconded military staff member shall continue to be subject to his national disciplinary rules.CHAPTER IIIWORKING CONDITIONSArticle 8Hours of work1. Seconded military staff shall be bound by the rules on hours of work in force at the General Secretariat.2. However, seconded military staff shall not be authorised to work half-time.Article 9Leave and public holidaysSeconded military staff shall be bound by the rules on annual leave, special leave and public holidays in force at the General Secretariat.Article 10Management and controlManagement and control of days of leave and hours of work shall be the responsibility of the administration of the General Secretariat.CHAPTER IVEMOLUMENTSA. RemunerationArticle 11Declaration of salary paid by the employer of the military staff member1. The Permanent Representation of the Member State concerned shall notify the General Secretariat of the gross annual salary paid to each seconded military staff member.2. This information shall appear in the Exchange of Letters referred to in Article 18(2).B. AllowancesArticle 12Subsistence allowances1. A seconded military staff member shall be entitled, throughout the period of secondment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.2. The allowance shall also be payable for periods of mission, annual leave, special leave and public holidays granted by the General Secretariat.3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.4. An advance payment shall be made to a seconded military staff member, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day he takes up his duties to the last day of the second month following that in which he takes up his duties.Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.Where a seconded military staff member definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the military staff member which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.5. The subsistence allowance for seconded military staff may be adapted to take account of the trend in consumer prices in Brussels.Article 13Additional flat-rate allowanceExcept where the place of recruitment of the seconded military staff member is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his original employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A8 or Grade B5, depending on the Category to which he is assimilated. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this flat-rate allowance shall not be paid.C. Reimbursement of expensesArticle 14Travel expenses1. If a seconded military staff member has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 kilometres. Where the journey exceeds 500 kilometres or where the usual route includes a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).2. The rate applied shall be that in force on 1 January of the current year at the General Secretariat’s Travel Office. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.3. If a seconded military staff member does remove his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.4. In accordance with the rules and conditions in force at the General Secretariat, a seconded military staff member shall be entitled to reimbursement of travel expenses:(a) for himself:- from his place of recruitment to his place of employment at the beginning of the period of secondment,- from his place of employment to his place of recruitment at the end of the period of secondment;(b) for his spouse and dependent children:- from the place of recruitment to the place of employment when removal takes place,- from the place of employment to the place of recruitment at the end of the period of secondment.5. For the purpose of this Decision, the place of recruitment shall be the place where the seconded military staff member performed his duties with his original employer prior to his secondment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall identify these places.6. The Exchange of Letters referred to in Article 18(2) may stipulate that travel expenses shall not be covered by the General Secretariat.Article 15Removal expenses1. A seconded military staff member who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of secondment is at least two years and that the place of recruitment is at least 50 kilometres from the place of employment.2. A seconded military staff member shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.3. At the end of the period of secondment, removal must take place within three months of the end of the period of secondment.4. The Exchange of Letters referred to in Article 18(2) may stipulate that removal expenses shall not be covered by the General Secretariat.Article 16Official travel and related expenses1. Military staff on secondment may be sent on official travel, in accordance with Article 3.2. Official travel expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of such expenses for officials in force at the General Secretariat.Article 17Adjustment of emoluments1. The emoluments provided for in this chapter to which seconded military staff are entitled shall not be revised during the period of secondment.2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.CHAPTER VADMINISTRATIVE AND BUDGETARY PROVISIONSArticle 18Budgetary allocations and contracts1. Expenditure arising from the secondment of seconded military staff shall be charged to the Council budget.2. Secondment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical arrangements for secondment under this Decision and the payment of the allowances referred to in Articles 12, 13, 14 and 15. Any letter extending, breaking or terminating the period of secondment shall also be sent by the Secretary-General/High Representative. A seconded military staff member shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his secondment to complete the relevant administrative formalities. In principle, he shall take up duty on the first of the month.Article 19Settlement of expenditurePayments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.Article 20Expenditure on infrastructureExpenditure on the provision of working facilities (offices, furniture, machines, etc.) for military staff on secondment shall be charged to administrative appropriations of the Council.Article 21This Decision shall take effect on the date of its adoption.Article 22This Decision shall be published in the Official Journal.Done at Luxembourg, 25 June 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 27, 30.1.2001, p. 4.(2) OJ L 27, 30.1.2001, p. 7.

Article 1
1. These rules apply to national military staff, hereinafter “military staff”, on secondment to the Council General Secretariat, hereinafter “General Secretariat”, in accordance with Decision 2001/80/CFSP.
2. The persons covered by these rules shall remain in paid employment in an armed force of a Member State of the European Union throughout the period of secondment.
3. Military staff on secondment shall be nationals of a Member State of the European Union.

Article 2
Period of secondment
1. Military staff on secondment may be seconded for a maximum of three years. In exceptional cases, and taking account of particular tasks to be performed, the secondment may be extended for a period of up to one year.
They shall serve on a full-time basis throughout the period of secondment.
2. The probable period of secondment shall be fixed at the outset in the Exchange of Letters mentioned in Article 18(2).
3. As a general rule, no military staff may be seconded to the General Secretariat more than once. However, a member of military staff who has already been seconded may be the subject of a fresh secondment measure after at least three years, save in exceptional cases, have elapsed between the end of the prior secondment and the fresh secondment, if conditions justify this and by agreement with the Secretary-General/High Representative.

Article 3
1. Acting under the authority of the Secretary-General/High Representative, military staff on secondment shall fulfil the mission, carry out the tasks and perform the duties assigned to them in accordance with the Annex to Decision 2001/80/CFSP.
2. Unless special instructions to the contrary are given under the authority of the Secretary-General/High Representative, military staff on secondment shall not enter into any commitment on the General Secretariat’s behalf with third parties.

Article 4
Level, professional experience and knowledge of languages
1. To qualify for secondment to the General Secretariat, military staff must work at administrative or advisory level and show a high degree of competence for the duties to be carried out.
2. Seconded military staff must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another to the extent necessary to carry out the duties involved.
3. The appropriate level of security clearance for seconded military staff, which must not be lower than SECRET, must be stipulated in the Exchange of Letters mentioned in Article 18(2).
4. Seconded military staff must have a good knowledge of the use of information technologies.

Article 5
Social security
1. Before the period of secondment begins, the public administration from which a military staff member is to be seconded must certify to the General Secretariat that he will remain subject through the period of secondment to the social security legislation applicable to the public administration which employs him and which will assume responsibility for expenses incurred abroad.
2. From the day a seconded military staff member takes up duty, he shall have personal cover against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.

Article 6
Breaks in or termination of periods of secondment
1. The Secretary-General/High Representative may authorise breaks in periods of secondment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 when applicable shall be paid only if the break is at the Secretary-General/High Representative’s request.
2. Periods of secondment may be terminated if the interests of the General Secretariat or of the national administration of the seconded military staff member so require or for any other sufficient cause.

Article 7
1. A seconded military staff member shall carry out his duties and conduct himself solely with the interests of the Council in mind.
2. A seconded military staff member shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.
3. Any seconded military staff member who, in the performance of his duties, is called upon to pronounce on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.
4. A seconded military staff member shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not legally made public. He shall continue to be bound by this obligation after his period of secondment has terminated.
5. Seconded military staff shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.
6. Seconded military staff shall be subject to the security rules and regulations in force in the General Secretariat.
7. All rights in any work done by a seconded military staff member in the performance of his duties shall be the property of the General Secretariat.
8. A seconded military staff member shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.
9. A seconded military staff member shall assist and provide advice to the superiors to whom he is assigned. He shall be responsible to them for performance of the tasks entrusted to him.
10. A period of secondment may be terminated without notice in serious cases of intentional or negligent failure of a seconded military staff member to comply with his obligations. A decision shall be taken by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. Before taking his decision, the Secretary-General/High Representative shall inform the Permanent Representative of the Member State of which the seconded military staff member is a national of that decision. Following the decision, the allowances referred to in Articles 14 and 15 shall not be granted.
Before the decision referred to in the first subparagraph, a seconded military staff member may be suspended where serious failure is alleged against him by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. The allowances referred to in Articles 12 and 13 shall not be paid during this suspension, which may not exceed three months.
The Secretary-General/High Representative may bring to the attention of national authorities any violation by the seconded military staff member of the rules set out or referred to in the present Decision.
A seconded military staff member shall continue to be subject to his national disciplinary rules.

Article 8
Hours of work
1. Seconded military staff shall be bound by the rules on hours of work in force at the General Secretariat.
2. However, seconded military staff shall not be authorised to work half-time.

Article 9
Leave and public holidays
Seconded military staff shall be bound by the rules on annual leave, special leave and public holidays in force at the General Secretariat.

Article 10
Management and control
Management and control of days of leave and hours of work shall be the responsibility of the administration of the General Secretariat.

Article 11
Declaration of salary paid by the employer of the military staff member
1. The Permanent Representation of the Member State concerned shall notify the General Secretariat of the gross annual salary paid to each seconded military staff member.
2. This information shall appear in the Exchange of Letters referred to in Article 18(2).
B. Allowances

Article 12
Subsistence allowances
1. A seconded military staff member shall be entitled, throughout the period of secondment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.
2. The allowance shall also be payable for periods of mission, annual leave, special leave and public holidays granted by the General Secretariat.
3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.
4. An advance payment shall be made to a seconded military staff member, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day he takes up his duties to the last day of the second month following that in which he takes up his duties.
Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.
Where a seconded military staff member definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the military staff member which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.
5. The subsistence allowance for seconded military staff may be adapted to take account of the trend in consumer prices in Brussels.

Article 13
Additional flat-rate allowance
Except where the place of recruitment of the seconded military staff member is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his original employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A8 or Grade B5, depending on the Category to which he is assimilated. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this flat-rate allowance shall not be paid.
C. Reimbursement of expenses

Article 14
Travel expenses
1. If a seconded military staff member has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 kilometres. Where the journey exceeds 500 kilometres or where the usual route includes a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).
2. The rate applied shall be that in force on 1 January of the current year at the General Secretariat’s Travel Office. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.
3. If a seconded military staff member does remove his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.
4. In accordance with the rules and conditions in force at the General Secretariat, a seconded military staff member shall be entitled to reimbursement of travel expenses:
(a) for himself:
– from his place of recruitment to his place of employment at the beginning of the period of secondment,
– from his place of employment to his place of recruitment at the end of the period of secondment;
(b) for his spouse and dependent children:
– from the place of recruitment to the place of employment when removal takes place,
– from the place of employment to the place of recruitment at the end of the period of secondment.
5. For the purpose of this Decision, the place of recruitment shall be the place where the seconded military staff member performed his duties with his original employer prior to his secondment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall identify these places.
6. The Exchange of Letters referred to in Article 18(2) may stipulate that travel expenses shall not be covered by the General Secretariat.

Article 15
Removal expenses
1. A seconded military staff member who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of secondment is at least two years and that the place of recruitment is at least 50 kilometres from the place of employment.
2. A seconded military staff member shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.
3. At the end of the period of secondment, removal must take place within three months of the end of the period of secondment.
4. The Exchange of Letters referred to in Article 18(2) may stipulate that removal expenses shall not be covered by the General Secretariat.

Article 16
Official travel and related expenses
1. Military staff on secondment may be sent on official travel, in accordance with Article 3.
2. Official travel expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of such expenses for officials in force at the General Secretariat.

Article 17
Adjustment of emoluments
1. The emoluments provided for in this chapter to which seconded military staff are entitled shall not be revised during the period of secondment.
2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.

Article 18
Budgetary allocations and contracts
1. Expenditure arising from the secondment of seconded military staff shall be charged to the Council budget.
2. Secondment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical arrangements for secondment under this Decision and the payment of the allowances referred to in Articles 12, 13, 14 and 15. Any letter extending, breaking or terminating the period of secondment shall also be sent by the Secretary-General/High Representative. A seconded military staff member shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his secondment to complete the relevant administrative formalities. In principle, he shall take up duty on the first of the month.

Article 19
Settlement of expenditure
Payments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.

Article 20
Expenditure on infrastructure
Expenditure on the provision of working facilities (offices, furniture, machines, etc.) for military staff on secondment shall be charged to administrative appropriations of the Council.

Article 21
This Decision shall take effect on the date of its adoption.

Article 22
This Decision shall be published in the Official Journal.
Done at Luxembourg, 25 June 2001.
For the Council
The President
(1) OJ L 27, 30.1.2001, p. 4.
(2) OJ L 27, 30.1.2001, p. 7.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Whereas:(1) On 22 January 2001 the Council adopted Decision 2001/79/CFSP setting up the Military Committee of the European Union(1).(2) On 22 January 2001 the Council adopted Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union(2).(3) Members of the Military Staff are subject to rules which will be established in a Council Decision.(4) It is therefore appropriate to establish these rules,HAS DECIDED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Definition1. These rules apply to national military staff, hereinafter “military staff”, on secondment to the Council General Secretariat, hereinafter “General Secretariat”, in accordance with Decision 2001/80/CFSP.2. The persons covered by these rules shall remain in paid employment in an armed force of a Member State of the European Union throughout the period of secondment.3. Military staff on secondment shall be nationals of a Member State of the European Union.Article 2Period of secondment1. Military staff on secondment may be seconded for a maximum of three years. In exceptional cases, and taking account of particular tasks to be performed, the secondment may be extended for a period of up to one year.They shall serve on a full-time basis throughout the period of secondment.2. The probable period of secondment shall be fixed at the outset in the Exchange of Letters mentioned in Article 18(2).3. As a general rule, no military staff may be seconded to the General Secretariat more than once. However, a member of military staff who has already been seconded may be the subject of a fresh secondment measure after at least three years, save in exceptional cases, have elapsed between the end of the prior secondment and the fresh secondment, if conditions justify this and by agreement with the Secretary-General/High Representative.Article 3Duties1. Acting under the authority of the Secretary-General/High Representative, military staff on secondment shall fulfil the mission, carry out the tasks and perform the duties assigned to them in accordance with the Annex to Decision 2001/80/CFSP.2. Unless special instructions to the contrary are given under the authority of the Secretary-General/High Representative, military staff on secondment shall not enter into any commitment on the General Secretariat’s behalf with third parties.Article 4Level, professional experience and knowledge of languages1. To qualify for secondment to the General Secretariat, military staff must work at administrative or advisory level and show a high degree of competence for the duties to be carried out.2. Seconded military staff must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another to the extent necessary to carry out the duties involved.3. The appropriate level of security clearance for seconded military staff, which must not be lower than SECRET, must be stipulated in the Exchange of Letters mentioned in Article 18(2).4. Seconded military staff must have a good knowledge of the use of information technologies.Article 5Social security1. Before the period of secondment begins, the public administration from which a military staff member is to be seconded must certify to the General Secretariat that he will remain subject through the period of secondment to the social security legislation applicable to the public administration which employs him and which will assume responsibility for expenses incurred abroad.2. From the day a seconded military staff member takes up duty, he shall have personal cover against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.Article 6Breaks in or termination of periods of secondment1. The Secretary-General/High Representative may authorise breaks in periods of secondment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 when applicable shall be paid only if the break is at the Secretary-General/High Representative’s request.2. Periods of secondment may be terminated if the interests of the General Secretariat or of the national administration of the seconded military staff member so require or for any other sufficient cause.CHAPTER IIRIGHTS AND OBLIGATIONSArticle 71. A seconded military staff member shall carry out his duties and conduct himself solely with the interests of the Council in mind.2. A seconded military staff member shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.3. Any seconded military staff member who, in the performance of his duties, is called upon to pronounce on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.4. A seconded military staff member shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not legally made public. He shall continue to be bound by this obligation after his period of secondment has terminated.5. Seconded military staff shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.6. Seconded military staff shall be subject to the security rules and regulations in force in the General Secretariat.7. All rights in any work done by a seconded military staff member in the performance of his duties shall be the property of the General Secretariat.8. A seconded military staff member shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.9. A seconded military staff member shall assist and provide advice to the superiors to whom he is assigned. He shall be responsible to them for performance of the tasks entrusted to him.10. A period of secondment may be terminated without notice in serious cases of intentional or negligent failure of a seconded military staff member to comply with his obligations. A decision shall be taken by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. Before taking his decision, the Secretary-General/High Representative shall inform the Permanent Representative of the Member State of which the seconded military staff member is a national of that decision. Following the decision, the allowances referred to in Articles 14 and 15 shall not be granted.Before the decision referred to in the first subparagraph, a seconded military staff member may be suspended where serious failure is alleged against him by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. The allowances referred to in Articles 12 and 13 shall not be paid during this suspension, which may not exceed three months.The Secretary-General/High Representative may bring to the attention of national authorities any violation by the seconded military staff member of the rules set out or referred to in the present Decision.A seconded military staff member shall continue to be subject to his national disciplinary rules.CHAPTER IIIWORKING CONDITIONSArticle 8Hours of work1. Seconded military staff shall be bound by the rules on hours of work in force at the General Secretariat.2. However, seconded military staff shall not be authorised to work half-time.Article 9Leave and public holidaysSeconded military staff shall be bound by the rules on annual leave, special leave and public holidays in force at the General Secretariat.Article 10Management and controlManagement and control of days of leave and hours of work shall be the responsibility of the administration of the General Secretariat.CHAPTER IVEMOLUMENTSA. RemunerationArticle 11Declaration of salary paid by the employer of the military staff member1. The Permanent Representation of the Member State concerned shall notify the General Secretariat of the gross annual salary paid to each seconded military staff member.2. This information shall appear in the Exchange of Letters referred to in Article 18(2).B. AllowancesArticle 12Subsistence allowances1. A seconded military staff member shall be entitled, throughout the period of secondment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.2. The allowance shall also be payable for periods of mission, annual leave, special leave and public holidays granted by the General Secretariat.3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.4. An advance payment shall be made to a seconded military staff member, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day he takes up his duties to the last day of the second month following that in which he takes up his duties.Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.Where a seconded military staff member definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the military staff member which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.5. The subsistence allowance for seconded military staff may be adapted to take account of the trend in consumer prices in Brussels.Article 13Additional flat-rate allowanceExcept where the place of recruitment of the seconded military staff member is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his original employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A8 or Grade B5, depending on the Category to which he is assimilated. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this flat-rate allowance shall not be paid.C. Reimbursement of expensesArticle 14Travel expenses1. If a seconded military staff member has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 kilometres. Where the journey exceeds 500 kilometres or where the usual route includes a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).2. The rate applied shall be that in force on 1 January of the current year at the General Secretariat’s Travel Office. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.3. If a seconded military staff member does remove his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.4. In accordance with the rules and conditions in force at the General Secretariat, a seconded military staff member shall be entitled to reimbursement of travel expenses:(a) for himself:- from his place of recruitment to his place of employment at the beginning of the period of secondment,- from his place of employment to his place of recruitment at the end of the period of secondment;(b) for his spouse and dependent children:- from the place of recruitment to the place of employment when removal takes place,- from the place of employment to the place of recruitment at the end of the period of secondment.5. For the purpose of this Decision, the place of recruitment shall be the place where the seconded military staff member performed his duties with his original employer prior to his secondment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall identify these places.6. The Exchange of Letters referred to in Article 18(2) may stipulate that travel expenses shall not be covered by the General Secretariat.Article 15Removal expenses1. A seconded military staff member who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of secondment is at least two years and that the place of recruitment is at least 50 kilometres from the place of employment.2. A seconded military staff member shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.3. At the end of the period of secondment, removal must take place within three months of the end of the period of secondment.4. The Exchange of Letters referred to in Article 18(2) may stipulate that removal expenses shall not be covered by the General Secretariat.Article 16Official travel and related expenses1. Military staff on secondment may be sent on official travel, in accordance with Article 3.2. Official travel expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of such expenses for officials in force at the General Secretariat.Article 17Adjustment of emoluments1. The emoluments provided for in this chapter to which seconded military staff are entitled shall not be revised during the period of secondment.2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.CHAPTER VADMINISTRATIVE AND BUDGETARY PROVISIONSArticle 18Budgetary allocations and contracts1. Expenditure arising from the secondment of seconded military staff shall be charged to the Council budget.2. Secondment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical arrangements for secondment under this Decision and the payment of the allowances referred to in Articles 12, 13, 14 and 15. Any letter extending, breaking or terminating the period of secondment shall also be sent by the Secretary-General/High Representative. A seconded military staff member shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his secondment to complete the relevant administrative formalities. In principle, he shall take up duty on the first of the month.Article 19Settlement of expenditurePayments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.Article 20Expenditure on infrastructureExpenditure on the provision of working facilities (offices, furniture, machines, etc.) for military staff on secondment shall be charged to administrative appropriations of the Council.Article 21This Decision shall take effect on the date of its adoption.Article 22This Decision shall be published in the Official Journal.Done at Luxembourg, 25 June 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 27, 30.1.2001, p. 4.(2) OJ L 27, 30.1.2001, p. 7.
1. These rules apply to national military staff, hereinafter “military staff”, on secondment to the Council General Secretariat, hereinafter “General Secretariat”, in accordance with Decision 2001/80/CFSP.
2. The persons covered by these rules shall remain in paid employment in an armed force of a Member State of the European Union throughout the period of secondment.
3. Military staff on secondment shall be nationals of a Member State of the European Union.
Period of secondment
1. Military staff on secondment may be seconded for a maximum of three years. In exceptional cases, and taking account of particular tasks to be performed, the secondment may be extended for a period of up to one year.
They shall serve on a full-time basis throughout the period of secondment.
2. The probable period of secondment shall be fixed at the outset in the Exchange of Letters mentioned in Article 18(2).
3. As a general rule, no military staff may be seconded to the General Secretariat more than once. However, a member of military staff who has already been seconded may be the subject of a fresh secondment measure after at least three years, save in exceptional cases, have elapsed between the end of the prior secondment and the fresh secondment, if conditions justify this and by agreement with the Secretary-General/High Representative.
1. Acting under the authority of the Secretary-General/High Representative, military staff on secondment shall fulfil the mission, carry out the tasks and perform the duties assigned to them in accordance with the Annex to Decision 2001/80/CFSP.
2. Unless special instructions to the contrary are given under the authority of the Secretary-General/High Representative, military staff on secondment shall not enter into any commitment on the General Secretariat’s behalf with third parties.
Level, professional experience and knowledge of languages
1. To qualify for secondment to the General Secretariat, military staff must work at administrative or advisory level and show a high degree of competence for the duties to be carried out.
2. Seconded military staff must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another to the extent necessary to carry out the duties involved.
3. The appropriate level of security clearance for seconded military staff, which must not be lower than SECRET, must be stipulated in the Exchange of Letters mentioned in Article 18(2).
4. Seconded military staff must have a good knowledge of the use of information technologies.
Social security
1. Before the period of secondment begins, the public administration from which a military staff member is to be seconded must certify to the General Secretariat that he will remain subject through the period of secondment to the social security legislation applicable to the public administration which employs him and which will assume responsibility for expenses incurred abroad.
2. From the day a seconded military staff member takes up duty, he shall have personal cover against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.
Breaks in or termination of periods of secondment
1. The Secretary-General/High Representative may authorise breaks in periods of secondment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 when applicable shall be paid only if the break is at the Secretary-General/High Representative’s request.
2. Periods of secondment may be terminated if the interests of the General Secretariat or of the national administration of the seconded military staff member so require or for any other sufficient cause.
1. A seconded military staff member shall carry out his duties and conduct himself solely with the interests of the Council in mind.
2. A seconded military staff member shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.
3. Any seconded military staff member who, in the performance of his duties, is called upon to pronounce on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.
4. A seconded military staff member shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not legally made public. He shall continue to be bound by this obligation after his period of secondment has terminated.
5. Seconded military staff shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.
6. Seconded military staff shall be subject to the security rules and regulations in force in the General Secretariat.
7. All rights in any work done by a seconded military staff member in the performance of his duties shall be the property of the General Secretariat.
8. A seconded military staff member shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.
9. A seconded military staff member shall assist and provide advice to the superiors to whom he is assigned. He shall be responsible to them for performance of the tasks entrusted to him.
10. A period of secondment may be terminated without notice in serious cases of intentional or negligent failure of a seconded military staff member to comply with his obligations. A decision shall be taken by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. Before taking his decision, the Secretary-General/High Representative shall inform the Permanent Representative of the Member State of which the seconded military staff member is a national of that decision. Following the decision, the allowances referred to in Articles 14 and 15 shall not be granted.
Before the decision referred to in the first subparagraph, a seconded military staff member may be suspended where serious failure is alleged against him by the Secretary-General/High Representative after the military staff member concerned has been given an opportunity of submitting his defence. The allowances referred to in Articles 12 and 13 shall not be paid during this suspension, which may not exceed three months.
The Secretary-General/High Representative may bring to the attention of national authorities any violation by the seconded military staff member of the rules set out or referred to in the present Decision.
A seconded military staff member shall continue to be subject to his national disciplinary rules.
Hours of work
1. Seconded military staff shall be bound by the rules on hours of work in force at the General Secretariat.
2. However, seconded military staff shall not be authorised to work half-time.
Leave and public holidays
Seconded military staff shall be bound by the rules on annual leave, special leave and public holidays in force at the General Secretariat.
Management and control
Management and control of days of leave and hours of work shall be the responsibility of the administration of the General Secretariat.
Declaration of salary paid by the employer of the military staff member
1. The Permanent Representation of the Member State concerned shall notify the General Secretariat of the gross annual salary paid to each seconded military staff member.
2. This information shall appear in the Exchange of Letters referred to in Article 18(2).
B. Allowances
Subsistence allowances
1. A seconded military staff member shall be entitled, throughout the period of secondment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.
2. The allowance shall also be payable for periods of mission, annual leave, special leave and public holidays granted by the General Secretariat.
3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.
4. An advance payment shall be made to a seconded military staff member, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day he takes up his duties to the last day of the second month following that in which he takes up his duties.
Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.
Where a seconded military staff member definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the military staff member which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.
5. The subsistence allowance for seconded military staff may be adapted to take account of the trend in consumer prices in Brussels.
Additional flat-rate allowance
Except where the place of recruitment of the seconded military staff member is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his original employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A8 or Grade B5, depending on the Category to which he is assimilated. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this flat-rate allowance shall not be paid.
C. Reimbursement of expenses
Travel expenses
1. If a seconded military staff member has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 kilometres. Where the journey exceeds 500 kilometres or where the usual route includes a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).
2. The rate applied shall be that in force on 1 January of the current year at the General Secretariat’s Travel Office. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.
3. If a seconded military staff member does remove his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.
4. In accordance with the rules and conditions in force at the General Secretariat, a seconded military staff member shall be entitled to reimbursement of travel expenses:
(a) for himself:
– from his place of recruitment to his place of employment at the beginning of the period of secondment,
– from his place of employment to his place of recruitment at the end of the period of secondment;
(b) for his spouse and dependent children:
– from the place of recruitment to the place of employment when removal takes place,
– from the place of employment to the place of recruitment at the end of the period of secondment.
5. For the purpose of this Decision, the place of recruitment shall be the place where the seconded military staff member performed his duties with his original employer prior to his secondment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall identify these places.
6. The Exchange of Letters referred to in Article 18(2) may stipulate that travel expenses shall not be covered by the General Secretariat.
Removal expenses
1. A seconded military staff member who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of secondment is at least two years and that the place of recruitment is at least 50 kilometres from the place of employment.
2. A seconded military staff member shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.
3. At the end of the period of secondment, removal must take place within three months of the end of the period of secondment.
4. The Exchange of Letters referred to in Article 18(2) may stipulate that removal expenses shall not be covered by the General Secretariat.
Official travel and related expenses
1. Military staff on secondment may be sent on official travel, in accordance with Article 3.
2. Official travel expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of such expenses for officials in force at the General Secretariat.
Adjustment of emoluments
1. The emoluments provided for in this chapter to which seconded military staff are entitled shall not be revised during the period of secondment.
2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.
Budgetary allocations and contracts
1. Expenditure arising from the secondment of seconded military staff shall be charged to the Council budget.
2. Secondment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical arrangements for secondment under this Decision and the payment of the allowances referred to in Articles 12, 13, 14 and 15. Any letter extending, breaking or terminating the period of secondment shall also be sent by the Secretary-General/High Representative. A seconded military staff member shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his secondment to complete the relevant administrative formalities. In principle, he shall take up duty on the first of the month.
Settlement of expenditure
Payments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.
Expenditure on infrastructure
Expenditure on the provision of working facilities (offices, furniture, machines, etc.) for military staff on secondment shall be charged to administrative appropriations of the Council.
This Decision shall take effect on the date of its adoption.
This Decision shall be published in the Official Journal.
Done at Luxembourg, 25 June 2001.
For the Council
The President
(1) OJ L 27, 30.1.2001, p. 4.
(2) OJ L 27, 30.1.2001, p. 7.

Pending: 32001D0471

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 64/433/EEC of 26 July 1964 on health conditions for the production and marketing of fresh meat(1), as last amended by Directive 95/23/EC(2), and in particular Article 10(2) thereof,Having regard to Council Directive 71/118/EEC on health problems affecting the production and placing on the market of fresh poultry meat(3), as last amended by Directive 97/79/EC(4), and in particular Article 6(2) thereof,Whereas:(1) Operators of meat establishments must conduct regular checks on the general hygiene conditions of production in their establishment.(2) These checks must cover utensils, fittings and machinery at all stages of production and, if necessary, products. This includes microbiological controls.(3) For a uniform application the nature of the checks, their frequency, as well as the sampling methods and the methods for bacteriological examination shall be established.(4) It is appropriate to establish these methods on the basis of the most recent HACCP methodology principles.(5) The operator of the establishment, the owner or his agent must be in a position, on request from the official service, to inform the official veterinarian of the nature, frequency and results of the checks conducted to this end.(6) The official veterinarian must regularly analyse the results of the checks conducted by the operator of the establishment on the general hygiene conditions of production in his establishment.(7) Small meat establishments may have more difficulties in implementing the proposed checks due to financial and human resource constraints, lack of expertise, inadequate infrastructure or other relevant factors. The situation in this respect may objectively differ in the Member States.(8) It is thus appropriate to provide for the possibility of a longer transitional period in respect of small establishments, subject to the requirement that the Member States making use of this derogation provide the Commission with the information necessary to ensure that implementation shall not create distortions of competition.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
1. The operator of a meat establishment shall conduct regular checks on the general hygiene conditions of production in his establishment, by implementing and maintaining a permanent procedure developed in accordance with the following HACCP principles:
(a) identify any hazards that must be prevented, eliminated or reduced to acceptable levels,
(b) identify the critical control points at the step or steps at which control is essential to prevent or eliminate a hazard or reduce it to acceptable levels,
(c) establish critical limits at critical control points which separate acceptability from unacceptability for the prevention, elimination or reduction of identified hazards,
(d) establish and implement effective monitoring procedures at critical control points,
(e) establish corrective actions when monitoring indicates that a critical control point is not under control,
(f) establish procedures to verify whether the measures outlined in subparagrahs a to e are working effectively; verification procedures shall be carried out regularly,
(g) establish documents and records commensurate to the nature and size of the business to demonstrate the effective application of the measures outlined in subparagraphs a to f, and to facilitate official controls.
2. As part of the system referred to in paragraph 1, operators of meat establishments may use guides to good practice that have been assessed by the competent authority.

Article 2
The micriobiological checks referred to in Article 10(2) of Directive 64/433/EEC shall be carried out by the operator in accordance with the procedure laid down in the Annex.
Samples should be taken from those sites where risk of microbiological contamination is most likely to occur.
Procedures other than the procedure described in the Annex, may be used when these have been demonstrated, to the satisfaction of the competent authorities, to be at least equivalent to the procedure laid down in the Annex.

Article 3
Member States shall ensure that meat establishments introduce the requirements of this Decision within 12 months from the date of its adoption. Member States may, however, decide to apply a period of up to 24 months for small meat establishments, provided they inform in advance the Commission of the conditions under which they intend to implement this derogation.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 8 June 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ 121, 29.7.1964, p. 2012/64.
(2) OJ L 243, 11.10.1995, p. 7.
(3) OJ L 55, 8.3.1971, p. 23.
(4) OJ L 24, 30.1.1998, p. 31.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 64/433/EEC of 26 July 1964 on health conditions for the production and marketing of fresh meat(1), as last amended by Directive 95/23/EC(2), and in particular Article 10(2) thereof,Having regard to Council Directive 71/118/EEC on health problems affecting the production and placing on the market of fresh poultry meat(3), as last amended by Directive 97/79/EC(4), and in particular Article 6(2) thereof,Whereas:(1) Operators of meat establishments must conduct regular checks on the general hygiene conditions of production in their establishment.(2) These checks must cover utensils, fittings and machinery at all stages of production and, if necessary, products. This includes microbiological controls.(3) For a uniform application the nature of the checks, their frequency, as well as the sampling methods and the methods for bacteriological examination shall be established.(4) It is appropriate to establish these methods on the basis of the most recent HACCP methodology principles.(5) The operator of the establishment, the owner or his agent must be in a position, on request from the official service, to inform the official veterinarian of the nature, frequency and results of the checks conducted to this end.(6) The official veterinarian must regularly analyse the results of the checks conducted by the operator of the establishment on the general hygiene conditions of production in his establishment.(7) Small meat establishments may have more difficulties in implementing the proposed checks due to financial and human resource constraints, lack of expertise, inadequate infrastructure or other relevant factors. The situation in this respect may objectively differ in the Member States.(8) It is thus appropriate to provide for the possibility of a longer transitional period in respect of small establishments, subject to the requirement that the Member States making use of this derogation provide the Commission with the information necessary to ensure that implementation shall not create distortions of competition.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
1. The operator of a meat establishment shall conduct regular checks on the general hygiene conditions of production in his establishment, by implementing and maintaining a permanent procedure developed in accordance with the following HACCP principles:
(a) identify any hazards that must be prevented, eliminated or reduced to acceptable levels,
(b) identify the critical control points at the step or steps at which control is essential to prevent or eliminate a hazard or reduce it to acceptable levels,
(c) establish critical limits at critical control points which separate acceptability from unacceptability for the prevention, elimination or reduction of identified hazards,
(d) establish and implement effective monitoring procedures at critical control points,
(e) establish corrective actions when monitoring indicates that a critical control point is not under control,
(f) establish procedures to verify whether the measures outlined in subparagrahs a to e are working effectively; verification procedures shall be carried out regularly,
(g) establish documents and records commensurate to the nature and size of the business to demonstrate the effective application of the measures outlined in subparagraphs a to f, and to facilitate official controls.
2. As part of the system referred to in paragraph 1, operators of meat establishments may use guides to good practice that have been assessed by the competent authority.
The micriobiological checks referred to in Article 10(2) of Directive 64/433/EEC shall be carried out by the operator in accordance with the procedure laid down in the Annex.
Samples should be taken from those sites where risk of microbiological contamination is most likely to occur.
Procedures other than the procedure described in the Annex, may be used when these have been demonstrated, to the satisfaction of the competent authorities, to be at least equivalent to the procedure laid down in the Annex.
Member States shall ensure that meat establishments introduce the requirements of this Decision within 12 months from the date of its adoption. Member States may, however, decide to apply a period of up to 24 months for small meat establishments, provided they inform in advance the Commission of the conditions under which they intend to implement this derogation.
This Decision is addressed to the Member States.
Done at Brussels, 8 June 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ 121, 29.7.1964, p. 2012/64.
(2) OJ L 243, 11.10.1995, p. 7.
(3) OJ L 55, 8.3.1971, p. 23.
(4) OJ L 24, 30.1.1998, p. 31.
1. BACTERIOLOGICAL SAMPLING OF CARCASES (CATTLE, SWINE, SHEEP, GOATS AND HORSES) IN SLAUGHTERHOUSES
This guide describes the bacteriological evaluation of the surface of carcases. It covers sampling, processing the samples, and presentation of the results.
SAMPLING METHOD
For the destructive method four tissue samples representing a total of 20 cm2 should be obtained from the carcass after dressing but before chilling commences. Pieces of tissue may be obtained using a sterile cork borer (2,5 cm) or by cutting a slice of 5 cm2 and maximum thickness of 5 mm off the carcase with a sterile instrument. The samples must be placed aseptically into a sample container or plastic dilution bag at the slaughterhouse, transferred to the laboratory and then homogenised (peristaltic Stomacher or rotary blender (homogeniser)).
If a non-destructive method is used, swabs must be moistened prior to collection of samples. 0,1 % peptone + 0,85 %NaCI diluent should be used as a sterile broth for moistening the swabs. The sampling area for swabbing should cover at least 100 cm2 per sampling site. The swab should be moistened for at least 5 seconds in the diluent and rubbed initially vertically, then horizontally, then diagonally not less than 20 seconds across the entire meat surface delineated by a template. As much pressure as possible should be used. After using the wet swab, the same sampling procedure should be repeated by a dry swab. To obtain comparable results consistency in and thoroughness of the technique must be maintained between samples, carcases and sampling days.
SAMPLING LOCATIONS FOR TESTING OF CARCASES
(see figures)
>PIC FILE= “L_2001165EN.005002.TIF”>
The following sites will usually be appropriate for process control:
Cattle: neck, brisket, flank, and rump (Fig. 1)
Sheep, goat: flank, thorax lateral, brisket, and breast
Pig: back, jowl (or cheek), hind limb medial (ham), and belly (Fig. 2)
Horse: flank, brisket, back, and rump
However, alternative sites may be used, following consultation with the official veterinarian where it has been demonstrated that, because of the slaughter technology at a particular plant, other sites are more likely to carry higher levels of contamination. In these cases sites shown to carry higher levels of contamination may be chosen.
PROCEDURE OF SAMPLING AND NUMBER OF SAMPLES TO BE TAKEN
Between 5 and 10 carcases should be sampled on a single day during each week. The frequency may be reduced to fortnightly testing if satisfactory results are obtained on six consecutive weeks. The day of sampling should be changed each week to ensure that every day of the week is covered. The frequency for testing the carcases in low throughput premises as defined by Directive 64/433/EEC Article 4 and for establishments not working on a full-time basis should be determined by the official veterinarian based on his judgment on hygiene standards with respect to the slaughter at each plant.
A sample from four sites from each carcase should be taken half way through the slaughter day and before chilling commences. Carcase identification, date and time of sampling should be recorded for each sample. Samples should be pooled from the different sampling sites (i.e. rump, flank, brisket and neck) of the tested carcase before examination. Where unacceptable results are obtained and corrective actions do not lead to better hygiene, further samples should not be pooled until dressing problems have been resolved
MICROBIOLOGICAL METHOD FOR THE EXAMINATION OF THE SAMPLES
Samples taken by the destructive method or swabs from the non-destructive method should be stored refrigerated until examination at 4 °C. Samples should be homogenised in a plastic dilution bag for at least two minutes in 100 ml of dilution media (i.e. 0,1 % buffered peptone water, 0,9 % sodium chloride solution) at about 250 cycles of a peristaltic Stomacher or homogenised by a rotary blender (homogeniser). Swab samples may alternatively be shaken vigorously in the dilution media. Samples should be examined within 24 hours after sampling.
Dilution before plating should be carried out in 10-fold steps in 0,1 % peptone + 0,85 % NaCI. The swab suspension and the homogenised meat suspension in the stomacher bag are not a dilution and are to be taken into consideration when calculating as the 10° dilution.
Analysis should be performed for total viable counts and Enterobacteriaceae. However, following approval by the competent authority, and after establishing appropriate criteria, E. coli counts may be used instead of Enterobacteriaceae counts.
In addition to the methods described ISO-methods may also provide the basis for examination of samples. Other quantitative methods for analysis of the above mentioned bacteria may be used if they have been approved by CEN or a recognised scientific body, and after approval by the competent authority.
RECORD KEEPING
All test results must be recorded in terms of colony forming units (cfu)/cm2 of surface area. To permit evaluation of results records must be shown on process control charts or tables, containing at least the last 13 weekly test results in order. The records should include type, origin and identification of the sample, date and hour of sampling, name of the person that performed the sampling, name and address of the laboratory which analysed the sample, date of investigation of samples in the laboratory and details of the method used including inoculation of different agars, incubation temperature, time, and results as number of cfu per plate used to calculate the result in cfu/cm2 of surface area.
A responsible person from the laboratory should sign the records.
The documents should be kept in the establishment for at least 18 months and should be presented to the official veterinarian on request.
APPLYING MICROBIOLOGICAL CRITERIA TO EXCISED-SAMPLE TEST RESULTS (Table 1)
Daily log mean results should be allocated into one of three categories for process control verification: acceptable, marginal, and unacceptable. M and m denote the upper limits for the marginal and acceptable categories for samples taken according to the destructive method.
In order to achieve industry standardisation and to facilitate a valid baseline database, it is imperative to use the most reliable method available. Therefore, it is important to remember, that swab sampling removes only a proportion (often 20 % or less) of the total flora present on the meat surface. Hence, it is only an indicator of surface hygiene.
Where methods other than the destructive method are used, the microbiological performance criteria must be established individually for each method applied in order to relate them to the destructive method, and be approved by the competent authority.
VERIFICATION CRITERIA
The test results should be categorised according to the respective microbiological criteria in the same order as the samples are collected. As each new test result is obtained, the verification criteria are applied anew to evaluate the status of process control with respect to faecal contamination and hygiene. An unacceptable result or unsatisfactory marginal result trends should trigger action to review process controls, discover the cause if possible, and prevent recurrence.
The results of the test must be fed back to the responsible staff as soon as possible. The results should be used to maintain and improve the standard of slaughter hygiene. Causes of poor results may be clarified by consultation with the slaughtering staff where the following factors could be involved: 1. poor working procedures, 2. absence or inadequacy of training and/or instructions, 3. the use of unsuitable cleaning and/or disinfection materials and chemicals, 4. inadequate maintenance of cleaning apparatus, and 5. inadequate supervision.
Daily log mean values for marginal and unacceptable results for bacterial performance criteria for cattle, pig, sheep, goat and horse units (cfu/cm2) for samples taken by the destructive method.
2. BACTERIOLOGICAL SAMPLING FOR CHECKS OF CLEANING AND DISINFECTION IN SLAUGHTERHOUSES AND CUTTING PLANTS
The described bacteriological sampling should be applied according to sanitation standard operating procedures (SSOPs) specifying the pre-operational hygiene controls to be carried out in areas which have a direct bearing to product hygiene.
SAMPLING METHOD
This guide describes the contact plate method and the swab technique. The use of these methods is limited to the testing of surfaces, which are cleaned and disinfected, dry, flat, sufficiently large, smooth.
They should always be used before production starts – never during production. If visible dirt is present cleaning should be judged as unacceptable without any further microbiological evaluation.
This method is not suitable for sampling meat or meat products.
Methods offering equivalent guarantees may be used after approval by the competent authority.
AGAR CONTACT PLATE METHOD
For the agar contact plate method, small plastic dishes with lids (i.e. internal diameter 5,0 cm) filled with plate count agar (according to ISO, actual version) and dishes filled with violet red bile glucose agar (VRBG agar according to ISO, actual version) are pressed on to each sampling site and subsequently incubated. The contact surface of each plate is 20 cm2.
After preparation the agar has a shelf life of approximately three months when kept at 2 to 4 °C in closed bottles. Shortly before preparation of the plates, the relevant agar has to be melted to 100 °C and cooled to 46 to 48 °C. The plates have to be placed in a laminar air flow cabin and should be filled with agar until a convex surface is obtained. The prepared plates should be dried before use by incubating them upside down overnight at 37° C. This is also a useful check for possible contamination during preparation; plates with visible colonies must be discarded.
The plates have a shelf life of one week at 2 to 4 °C, when sealed into plastic bags.
SWAB TECHNIQUE
Samples should be collected with cotton swabs moistened with 1 ml of 0,1 % NaCI peptone solution (8,5 g NaCI, 1 g trypton casein-pepton, 0,1 % agar, and 1000 ml distilled water) from a surface area of preferable 20 cm2 marked with sterile template. If sampling is performed following cleaning and disinfection an amount of 30g/l Tween 80 and 3g/l Lecithin (or other products with a similar effect) should be added to the moistening solution for swabs. For wet areas dry cotton swabs may be sufficient.
The swabs should be held in sterile forceps and the sampled surface must be swabbed 10 times from top to bottom applying a firm pressure on the surface. Swabs should be collected in a bottle containing 40 ml buffered peptone with 0,1 % agar saline solution. The swab samples must be refrigerated at 4 °C until further processing. The bottle should be shaken vigorously before diluting in 10-fold steps in 40 ml 0,1 % NaCI peptone solution followed by microbiological examination (e.g. drop-plating technique).
Always, a minimum of 10 samples or up to 30 samples in a large production area should be carried out within a period of two weeks. Three samples should be taken from large objects. If the results are satisfactory over a period of time the frequency of sampling may be reduced following the agreement of the official veterinarian. Places which should receive most attention are the areas which are destined to come or may come into contact with the product. Approximately two thirds of the total number of samples should be taken from food contact surfaces.
To ensure that all surfaces are tested in the course of a month, a schedule should be made indicating which surfaces should be sampled on which days. The results must be recorded and regular bar charts are to be made to show the developments with time.

Pending: 32001D0393

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs(1), as last amended by Directive 1999/90/EC(2), and in particular Articles 23, 24(2), 26 and 27a thereof,Whereas:(1) Specified pathogen free (SPF) eggs are hatching eggs, which are used for diagnostic procedures in laboratories, for the production and testing of vaccines and for research and pharmaceutical purposes and have to be marked with a stamp.(2) Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks(3) lays down the requirements for marking of hatching eggs and its implementing Commission Regulation (EEC) No 1868/77(4), lays down detailed rules of application in particular concerning marking of hatching eggs.(3) SPF eggs are not fit for human consumption.(4) SPF eggs are not speficically definied as such in Community legislation therefore a specific definition has to be laid down.(5) The SPF eggs have to be produced in accordance with the valid European Pharmacopoeia(5), in which the requirements are defined.(6) These particular characteristics should prevent the introduction of avian influenza, Newcastle disease and other relevant poultry diseases into the Community on condition that all the other provisions of this Decision are applied.(7) Member States wish to import SPF eggs from countries, which are not considered as free from Newcastle disease and avian influenzua, but can offer satisfactory animal health guarantees for this specific product.(8) SPF eggs may only be used in facilities, where they have to be destroyed or otherwise treated after use in such a way that any risk of spread of disease is prevented.(9) An animal health certificate for this category of eggs and a corresponding list of non-member countries, which are allowed to use this certificate for the exportation of such eggs to the Community has to be drawn up.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
For the purpose of this Decision the following definition shall apply: “Specified pathogen free (SPF) eggs” are hatching eggs as laid down in Article 2(2) of Council Directive 90/539/EEC, which are derived from “chicken flocks free from specified pathogens” as described in the European Pharmacopoeia and which are intended for diagnostic, research or pharmaceutical use only.

Article 2
1. Member States shall authorise the importation of SPF eggs from non-member countries or parts of non-member countries listed in Annex I, provided that they meet the requirements of the corresponding animal health certificate set out in Annex II and that they are accompanied by such a certificate, duly completed and signed.
2. Member States shall authorise the importation of SPF eggs only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment and when their packaging bears the same information clearly visible and readable indicating that the consignment contains this specific product; furthermore after the import control the consignment must be transported directly to its final destination. Such a marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75 as last amended and its implementing Regulation (EEC) No 1868/77.

Article 3
Unused eggs, all packaging material and any waste parts or waste products of the eggs must be incinerated or otherwise treated after use in such a way that any risk of spread of disease is prevented.

Article 4
This Decision shall apply for specified pathogen free eggs certified as from 30 April 2001.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 4 May 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 300, 23.11.1999, p. 19.
(3) OJ L 282, 1.11.1975, p. 100.
(4) OJ L 209, 17.8.1977, p. 1.
(5) Third edition, Council of Europe, 1997.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs(1), as last amended by Directive 1999/90/EC(2), and in particular Articles 23, 24(2), 26 and 27a thereof,Whereas:(1) Specified pathogen free (SPF) eggs are hatching eggs, which are used for diagnostic procedures in laboratories, for the production and testing of vaccines and for research and pharmaceutical purposes and have to be marked with a stamp.(2) Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks(3) lays down the requirements for marking of hatching eggs and its implementing Commission Regulation (EEC) No 1868/77(4), lays down detailed rules of application in particular concerning marking of hatching eggs.(3) SPF eggs are not fit for human consumption.(4) SPF eggs are not speficically definied as such in Community legislation therefore a specific definition has to be laid down.(5) The SPF eggs have to be produced in accordance with the valid European Pharmacopoeia(5), in which the requirements are defined.(6) These particular characteristics should prevent the introduction of avian influenza, Newcastle disease and other relevant poultry diseases into the Community on condition that all the other provisions of this Decision are applied.(7) Member States wish to import SPF eggs from countries, which are not considered as free from Newcastle disease and avian influenzua, but can offer satisfactory animal health guarantees for this specific product.(8) SPF eggs may only be used in facilities, where they have to be destroyed or otherwise treated after use in such a way that any risk of spread of disease is prevented.(9) An animal health certificate for this category of eggs and a corresponding list of non-member countries, which are allowed to use this certificate for the exportation of such eggs to the Community has to be drawn up.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
For the purpose of this Decision the following definition shall apply: “Specified pathogen free (SPF) eggs” are hatching eggs as laid down in Article 2(2) of Council Directive 90/539/EEC, which are derived from “chicken flocks free from specified pathogens” as described in the European Pharmacopoeia and which are intended for diagnostic, research or pharmaceutical use only.
1. Member States shall authorise the importation of SPF eggs from non-member countries or parts of non-member countries listed in Annex I, provided that they meet the requirements of the corresponding animal health certificate set out in Annex II and that they are accompanied by such a certificate, duly completed and signed.
2. Member States shall authorise the importation of SPF eggs only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment and when their packaging bears the same information clearly visible and readable indicating that the consignment contains this specific product; furthermore after the import control the consignment must be transported directly to its final destination. Such a marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75 as last amended and its implementing Regulation (EEC) No 1868/77.
Unused eggs, all packaging material and any waste parts or waste products of the eggs must be incinerated or otherwise treated after use in such a way that any risk of spread of disease is prevented.
This Decision shall apply for specified pathogen free eggs certified as from 30 April 2001.
This Decision is addressed to the Member States.
Done at Brussels, 4 May 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 300, 23.11.1999, p. 19.
(3) OJ L 282, 1.11.1975, p. 100.
(4) OJ L 209, 17.8.1977, p. 1.
(5) Third edition, Council of Europe, 1997.
Non-member countries which are allowed to use the certificate laid down in Annex II to this Decision for imports of specified pathogen free (SPF) eggs into the European Union are those countries which are listed in Part I of the Annex to Council Decision 79/542/EEC.
>PIC FILE= “L_2001138EN.003402.EPS”>
>PIC FILE= “L_2001138EN.003501.EPS”>

Pending: 32001D0338

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,Whereas:(1) In accordance with Article 22 of Directive 97/78/EC, the necessary measures must be adoped as regards the import of certain products from third countries where any cause likely to constitute a serious danger for animal or human health appears or is spreading.(2) A Community inspection to Peru has shown serious deficiencies with regard to hygiene in bivalve mollusc production areas, and has demonstrated that there are insufficient guarantees about the efficiency of the controls carried out by the competent authorities.Nevertheless, the Community inspection team has identified that the controls on eviscerated Pectinidae harvested from certain aquaculture areas and on the adductor muscles of non-aquaculture Pectinidae completely separated from the viscera and gonads, are sufficient to assure the safety of these products. There is a risk for public health with regard to the imports of bivalve molluscs from or originating in Peru, and it is thus appropriate to suspend them with immediate effect, with the exception of the Pectinidae products, under certain conditions.(3) Considering the seriousness of the shortcomings identified during the inspection, the provisions of this Decision must be also applied to the products which have been dispatched to the Community before the entry into force of this Decision and presented for importation into the Community after its entry into force.Furthermore, Pectinidae harvested form certain aquaculture areas and eviscerated and, the adductor muscles of non-aquaculture Pectinidae completely separated from the viscera and gonads, dispatched to the Community before the entry into force of this Decision and presented for importation into the Community after its entry into force, should be checked in order to demonstrate the absence of marine biotoxins.(4) This Decision will be reviewed in the light of the guarantees offered by the Peruvian authorities and on the basis of the results of a further Community inspection on the spot.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to bivalve molluscs, echinoderms, tunicates and marine gastropods coming from or originating in Peru.Article 21. Member States shall prohibit the introduction on their territory of products referred to in

Article 1
This Decision shall apply to bivalve molluscs, echinoderms, tunicates and marine gastropods coming from or originating in Peru.

Article 2
1. Member States shall prohibit the introduction on their territory of products referred to in Article 1.
2. By derogation to the above prohibition, Member States shall accept the following products:
(a) Pectinidae harvested in the aquaculture areas of Pucusana (001) and Guaynuna (002), provided that they are eviscerated;
(b) adductor muscles of Pectinidae, provided that the viscera and the gonads have been completely removed.

Article 3
1. The provisions of Article 2(1) shall apply to consignments dispatched to the Community prior to the entry into force of this Decision and which are presented at the Community border inspection post for importation after its entry into force.
2. Consignments of products referred to in Article 2(2), dispatched to the Community prior to the entry into force of this Decision and which are presented at the Community border inspection post for importation after its entry into force shall be checked in order to ensure that the products concerned do not present a hazard to human health. This test must be carried out, in particular, with a view to detecting the presence of ASP, DSP and PSP.

Article 4
All expenditures incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.

Article 5
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 6
This Decision shall be reviewed on the basis of the guarantees provided by the Peruvian competent authorities and on the basis of the results of a Community inspection on the spot.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 27 April 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,Whereas:(1) In accordance with Article 22 of Directive 97/78/EC, the necessary measures must be adoped as regards the import of certain products from third countries where any cause likely to constitute a serious danger for animal or human health appears or is spreading.(2) A Community inspection to Peru has shown serious deficiencies with regard to hygiene in bivalve mollusc production areas, and has demonstrated that there are insufficient guarantees about the efficiency of the controls carried out by the competent authorities.Nevertheless, the Community inspection team has identified that the controls on eviscerated Pectinidae harvested from certain aquaculture areas and on the adductor muscles of non-aquaculture Pectinidae completely separated from the viscera and gonads, are sufficient to assure the safety of these products. There is a risk for public health with regard to the imports of bivalve molluscs from or originating in Peru, and it is thus appropriate to suspend them with immediate effect, with the exception of the Pectinidae products, under certain conditions.(3) Considering the seriousness of the shortcomings identified during the inspection, the provisions of this Decision must be also applied to the products which have been dispatched to the Community before the entry into force of this Decision and presented for importation into the Community after its entry into force.Furthermore, Pectinidae harvested form certain aquaculture areas and eviscerated and, the adductor muscles of non-aquaculture Pectinidae completely separated from the viscera and gonads, dispatched to the Community before the entry into force of this Decision and presented for importation into the Community after its entry into force, should be checked in order to demonstrate the absence of marine biotoxins.(4) This Decision will be reviewed in the light of the guarantees offered by the Peruvian authorities and on the basis of the results of a further Community inspection on the spot.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to bivalve molluscs, echinoderms, tunicates and marine gastropods coming from or originating in Peru.Article 21. Member States shall prohibit the introduction on their territory of products referred to in
This Decision shall apply to bivalve molluscs, echinoderms, tunicates and marine gastropods coming from or originating in Peru.
1. Member States shall prohibit the introduction on their territory of products referred to in Article 1.
2. By derogation to the above prohibition, Member States shall accept the following products:
(a) Pectinidae harvested in the aquaculture areas of Pucusana (001) and Guaynuna (002), provided that they are eviscerated;
(b) adductor muscles of Pectinidae, provided that the viscera and the gonads have been completely removed.
1. The provisions of Article 2(1) shall apply to consignments dispatched to the Community prior to the entry into force of this Decision and which are presented at the Community border inspection post for importation after its entry into force.
2. Consignments of products referred to in Article 2(2), dispatched to the Community prior to the entry into force of this Decision and which are presented at the Community border inspection post for importation after its entry into force shall be checked in order to ensure that the products concerned do not present a hazard to human health. This test must be carried out, in particular, with a view to detecting the presence of ASP, DSP and PSP.
All expenditures incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.
This Decision shall be reviewed on the basis of the guarantees provided by the Peruvian competent authorities and on the basis of the results of a Community inspection on the spot.
This Decision is addressed to the Member States.
Done at Brussels, 27 April 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.

Pending: 32001D0296

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines(1), and in particular Article 5(2) thereof,Whereas:(1) Council Directive 92/65/EEC(2) provides for an alternative system to quarantine for the entry of certain domestic carnivores into the territory of certain Member States free from rabies. That system requires checks on the effectiveness of the vaccination of those animals by titration of antibodies.(2) The AFSSA Laboratory in Nancy, France, by Decision 2000/258/EC was designated as the institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccination.(3) A proficiency testing procedure has been established for rabies antibody titration of vaccinated domestic carnivores in the context of alternative measures to quarantine.(4) The AFSSA Laboratory, Nancy, has to operate the established proficiency testing procedure to appraise laboratories for approval to perform serological tests on certain carnivores vaccinated against rabies.(5) Several Member States have submitted applications for approval of laboratories to perform analyses to check the effectiveness of vaccination against rabies in certain domestic carnivores.(6) The AFSSA Laboratory, Nancy, has made an appraisal of the applications received from the Member States and sent the result of this appraisal to the Commission.(7) The Commission can draw up a list, based on appraisal results, of laboratories authorised to carry out serological titration on carnivores vaccinated against rabies.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
The laboratories presented by Member States and authorised to perform analyses to check the effectiveness of vaccination against rabies in certain domestic carnivores are listed in the Annex.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 March 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 79, 30.3.2000, p. 40.
(2) OJ L 268, 14.9.1992, p. 54.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines(1), and in particular Article 5(2) thereof,Whereas:(1) Council Directive 92/65/EEC(2) provides for an alternative system to quarantine for the entry of certain domestic carnivores into the territory of certain Member States free from rabies. That system requires checks on the effectiveness of the vaccination of those animals by titration of antibodies.(2) The AFSSA Laboratory in Nancy, France, by Decision 2000/258/EC was designated as the institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccination.(3) A proficiency testing procedure has been established for rabies antibody titration of vaccinated domestic carnivores in the context of alternative measures to quarantine.(4) The AFSSA Laboratory, Nancy, has to operate the established proficiency testing procedure to appraise laboratories for approval to perform serological tests on certain carnivores vaccinated against rabies.(5) Several Member States have submitted applications for approval of laboratories to perform analyses to check the effectiveness of vaccination against rabies in certain domestic carnivores.(6) The AFSSA Laboratory, Nancy, has made an appraisal of the applications received from the Member States and sent the result of this appraisal to the Commission.(7) The Commission can draw up a list, based on appraisal results, of laboratories authorised to carry out serological titration on carnivores vaccinated against rabies.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The laboratories presented by Member States and authorised to perform analyses to check the effectiveness of vaccination against rabies in certain domestic carnivores are listed in the Annex.
This Decision is addressed to the Member States.
Done at Brussels, 29 March 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 79, 30.3.2000, p. 40.
(2) OJ L 268, 14.9.1992, p. 54.
NAMES OF LABORATORIES
Institut Pasteur de Bruxelles 642 Rue Engeland B – 1180 Bruxelles
Danish Veterinary Institute for Virus Research Lindholm DK – 4771 Kalvehave
1. Institut für Virologie, Fachbereich Veterinärmedizin, Justus-Liebig-Universität Giessen Frankfurter Straße 107 D – 35392 Giessen
2. Eurovir Hygiene-Institut Dr. Thraenhart Biotechnologiepark D – 14943 Luchenwalde
3. Landesuntersuchungsamt für das Gesundheitswesen Südbayern Veterinärstraße 2 D – 85764 Oberschleißheim
Centre of Athens Veterinary Institutions Virus Department 25, Neapoleos Str GR – 153 10 Ag. Paraskevi, Athens
Laboratorio Central de Veterinaria de Santa Fe Camino del Jau s/n E – 18320 Santa Fe (Granada) )
1. AFSSA Nancy Domaine de Pixérécourt B.P. 9 F – 54220 Malzeville
2. Laboratoire Vétérinaire Départemental de Haute Garonne 78 rue Boudou F – 31140 Launaguet
3. Laboratoire Départemental de la Sarthe 128 rue de Beaugé F – 72018 Le Mans CEDEX 2
1. Istituto Zooprofilattico Sperimentale delle Venezie Via Romea 14/A I – 35020 Legnaro ( PD )
2. Istituto Zooprofilattico Sperimentale dell’Abruzzo e del Molise Via Campio Boario I – 64100 Teramo
Bundesanstalt für Veterinärmedizinische Untersuchung Mödling Robert-Koch-Gasse 17 A – 2340 Mödling
National Veterinary and Food Research Institute PL 368 ( Hämeentie 57 ) FIN – 00231 Helsinki
National Veterinary Institute BMC, Box 585 S – 751 23 Uppsala
United Kingdom
Veterinary Laboratories Agency Virology Department Woodaan Lane, New Haw, Addelstone Surrey, KT15 3NB United Kingdom

Pending: 32001D0163

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 150(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) From 6 to 8 April 1998, the Commission, in cooperation with the Presidency-in-office, held a European audiovisual conference on “Challenges and opportunities of the digital age” in Birmingham. This consultation process highlighted the need for an improved programme of training in the audiovisual sector which concentrated on all the new aspects of the digital age. The Council of 28 May 1998 took note of the final conclusions of the said conference and called for new schemes to be developed to encourage a strong and competitive programme industry.(2) The Report of the High-Level Group on Audiovisual Policy of 26 October 1998, entitled “The Digital Age: European Audiovisual Policy”, concluded that, in this environment, both initial and continuous training in the audiovisual sector should be strengthened.(3) The challenges of production, distribution and availability of European audiovisual content were the main topics discussed at the Forum on Audiovisual Policy entitled “European content for the digital millennium” organised in Helsinki on 10 and 11 September 1999 by the Presidency-in-office in cooperation with the Commission.(4) The seminar “Training for the new millennium” held by the Presidency-in-office in cooperation with the Commission in Oporto on 10 and 11 April 2000 stressed in its conclusions that efforts in training are required to facilitate the growth and desirable internationalisation of the European audiovisual industry.(5) In the Communication from the Commission to the European Parliament and the Council entitled “Audiovisual policy: next steps”, the Commission recognises the considerable impact on employment which the digital age will have in the audiovisual industry.(6) The Green Paper on “The Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation” recognises that the emergence of new services will lead to the creation of new jobs. Adapting to the new markets requires staff trained in the use of new technologies. The Commission’s public consultation on the Green Paper confirmed the demand for specialised vocational training adapted to the needs of the market.(7) In its Conclusions of 27 September 1999 on the results of the public consultation on the Green Paper(5), the Council called upon the Commission to take account of those results when drawing up proposals for measures to strengthen the European audiovisual sector, including the multimedia sector.(8) The European Council held in Luxembourg on 20 and 21 November 1997 recognised that continuous education and vocational training can make a major contribution to the employment policies of the Member States with a view to improving suitability for employment, adaptability and the spirit of enterprise, and promoting equality of opportunities.(9) The European Council meeting held in Lisbon on 24 March 2000 also emphasised the importance of appropriate training, particularly in new technologies used by the information society.(10) In its report to the European Council on job opportunities in the information society, the Commission noted that the new audiovisual services offered a strong potential for job creation.(11) It is therefore appropriate to facilitate the development of investment in the European audiovisual industry and call on the Member States to encourage the creation of new jobs by various means.(12) The Commission implemented an “Action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995)”, adopted by Council Decision 90/685/EEC(6) and comprising, in particular, support for training activities to improve the professional skills of persons working in the European audiovisual programme industry.(13) The Community strategy for developing and strengthening the European audiovisual industry was confirmed under the MEDIA II programme adopted by Council Decision 95/563/EC(7), and by Council Decision 95/564/EC(8). On the basis of the achievements of the abovementioned MEDIA II programme, its continuation should be ensured in the light of the results obtained.(14) In its report on the results obtained under the MEDIA II (1996-2000) programme, from 1 January 1996 to 30 June 1998, the Commission considers that the programme meets the principle of the subsidiarity of Community funds to national funds, since the field of intervention of MEDIA II supplements the traditionally predominant role of the national schemes.(15) The Commission recognised the positive impact of the MEDIA II programme on employment in the audiovisual industry in its Communication on Community Policies in Support of Employment.(16) As it is necessary to take cultural aspects of the audiovisual sector into account as indicated in Article 151(4) of the Treaty, it should be ensured that participation in this programme reflects European cultural diversity.(17) With a view to encouraging European audiovisual projects, the Commission will examine the possibility of complementary funding from other Community instruments in particular under the “e-Europe” Action plan, such as those covered by the European Investment Bank (EIB), the European Investment Fund (EIF) as well as the Fifth Framework Programme of the European Community for research, technological development and demonstration activities adopted by Decision No 182/1999/EC of the European Parliament and of the Council(9). Professionals in the audiovisual sector will be informed about the different types of funding available at Community level.(18) The emergence of a European audiovisual market calls for professional skills adjusted to the new dimension of the market, particularly in the field of the economic, financial and commercial management of audiovisual projects and in the use of new technologies in the design, development, production, distribution, marketing and broadcasting of programmes.(19) Professionals should be given the professional skills to allow them to benefit fully from the European and international dimension of the market for audiovisual programmes, and they must be encouraged to develop projects which meet the needs of that market.(20) Particular emphasis should be given to specialised training in intellectual property rights including the relevant Community rules, as well as to specialised training in the marketing of audiovisual products focusing in particular on new technologies as dissemination and marketing vehicles.(21) Equal opportunities are a basic principle in Community policies which must be taken into account in the implementation of this programme.(22) Training for professionals should comprise the essential economic, legal, technological and business content; rapid changes in these subjects make lifelong learning necessary.(23) In order to ensure that professionals master new technologies, special emphasis should be given to training in the use of these technologies, and thereby increasing competitiveness of enterprises in the audiovisual sector.(24) In accordance with the principle of subsidiarity, the networking of vocational training centres should be encouraged in order to facilitate the exchange of know-how and best practice in an international environment.(25) Support for vocational training should take account of structural objectives, such as developing the potential for creation, production, marketing and distribution in countries or regions with: a low audiovisual production capacity; and/or a restricted linguistic or geographical area; as well as the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.(26) In accordance with the principles of subsidiarity and proportionality and in view of the fact that the objectives of the proposed measures concerning the implementation of vocational training policy cannot be achieved by the Member States, in particular in view of the transnational partnerships to be established between the training centres, the measures necessary to achieve them should be implemented by the Community. This Decision does not go beyond what is needed to achieve these objectives.(27) The measures proposed under this programme are all aimed at achieving transnational cooperation which brings an added value to the measures being taken in the Member States, in accordance with the aforementioned principle of subsidiarity.(28) The associated countries of Central and Eastern Europe, those EFTA countries which are members of the EEA, Cyprus, Malta and Turkey are recognised as potential participants in Community programmes on the basis of supplementary appropriations and in accordance with the procedures to be agreed with those countries. Those countries of Europe which have signed the Council of Europe Convention on Transfrontier Television belong to the European audiovisual area and may therefore, if they wish, and taking into account budgetary considerations or other priorities of their audiovisual industries, participate in the programme or benefit under a limited cooperation scheme, on the basis of the supplementary appropriations, in accordance with the procedures to be established in the agreements between the interested parties.(29) The opening-up of the programme to European third countries should be subject to a prior examination as to the compatibility of their national legislation with the Community acquis in particular Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(10).(30) Cooperation in the field of vocational training on the part of the European training establishments and those in third countries, on the basis of common interests, is likely to create an added value for the European audiovisual industry. Moreover, opening up to third countries will raise awareness of European cultural diversity and will lead to the dissemination of common democratic values. Such cooperation will be developed on the basis of supplementary appropriations and in accordance with the procedures to be established in the agreements between the interested parties.(31) In order to enhance the added value of the Community action, it is necessary to ensure, at all levels, that the measures taken under this Decision are consistent with and complementary to other Community action. It is desirable to coordinate the activities laid down by the programme with those undertaken by international organisations such as the Council of Europe.(32) In accordance with the conclusions of the Lisbon European Council, the Council and Commission are to report by the end of 2000 on the review of the EIB and EIF financial instruments which was undertaken in order to redirect funding towards business start-ups, high-tech firms and micro-enterprises, as well as other risk capital or guarantee mechanism initiatives proposed by the EIB and EIF. In this connection, particular attention should be paid to the audiovisual sector, including training programmes.(33) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and Commission(11), for the budgetary authority during the annual budgetary procedure.(34) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(12),HAVE DECIDED AS FOLLOWS:Article 1Establishment of the programmeA vocational training programme, MEDIA-Training, hereinafter referred to as “the programme”, is hereby established for the period from 1 January 2001 to 31 December 2005.The programme is intended to give professionals in the European audiovisual programme industry, mainly through continuous vocational training, the necessary skills to allow them to take full advantage of the European and international dimension of the market and of the use of new technologies.Article 2Objectives of the programme1. The objectives of the programme are as follows:(a) To meet the industry’s needs and promote competitiveness by improving the continuous vocational training of professionals in the audiovisual sector, with a view to giving them the know-how and skills needed to create competitive products on the European and other markets, in particular in the field of:- application of new technologies, and in particular digital technologies, for the production and distribution of audiovisual programmes with a high commercial and artistic added value;- economic, financial and commercial management, including the legal framework and the techniques for the financing, production and distribution of audiovisual programmes;- script-writing techniques and storytelling including techniques for the development of new audiovisual programme types.Particular attention will be paid to the opportunities for distance learning and pedagogic innovation offered by the development of on-line technologies.For these training activities, cooperation between various players in the audiovisual industry, such as script-writers, directors and producers, will be encouraged.As an exception, certain initial vocational training measures in which the industrial sector is directly involved, such as master’s degrees, may also be supported if no other Community support is available and in fields for which there are no support measures at national level.(b) To encourage cooperation and the exchange of know-how and best practice through networking between the partners responsible for training, namely training establishments, the professional sector and undertakings, as well as through developing training for the trainers.Particular importance will be attached to encouraging the gradual establishment of networks in the audiovisual training sector and in continuous training for the trainers.2. To achieve the objectives set out in the first subparagraph of paragraph 1(a) and in paragraph 1(b), particular attention shall be devoted to the specific needs of countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, as well as to the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.3. The objectives set out in paragraph 1 shall be realised in accordance with the arrangements contained in the Annex.Article 3CoordinationIn order to achieve maximum coordination, the Commission shall ensure that there is cooperation between the training activities referred to in the programme and the development projects supported under the MEDIA Plus programme established under Council Decision 2000/821/EC(13).Article 4Financial provisions and funding conditions1. The beneficiaries of Community support taking part in implementing the actions set out in the Annex shall provide a substantial proportion of the funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may be as much as 60 % of the cost of operations.2. The beneficiaries of Community support shall ensure that in principle a majority of the participants in a training measure, nationals of States participating in the programme, are of a nationality other than that of the beneficiary’s country. To that end, support to facilitate participation by professionals from different linguistic areas may be included in Community funding for the training measure.3. The Commission shall ensure that, as far as possible, an appropriate proportion of the funding annually available, to be determined in accordance with the procedure laid down in Article 6(2), is reserved for new activities.4. Community funding shall be determined according to the costs and nature of each project planned.5. The financial framework for the implementation of this programme for the period referred to in

Article 1
Establishment of the programme
A vocational training programme, MEDIA-Training, hereinafter referred to as “the programme”, is hereby established for the period from 1 January 2001 to 31 December 2005.
The programme is intended to give professionals in the European audiovisual programme industry, mainly through continuous vocational training, the necessary skills to allow them to take full advantage of the European and international dimension of the market and of the use of new technologies.

Article 2
Objectives of the programme
1. The objectives of the programme are as follows:
(a) To meet the industry’s needs and promote competitiveness by improving the continuous vocational training of professionals in the audiovisual sector, with a view to giving them the know-how and skills needed to create competitive products on the European and other markets, in particular in the field of:
– application of new technologies, and in particular digital technologies, for the production and distribution of audiovisual programmes with a high commercial and artistic added value;
– economic, financial and commercial management, including the legal framework and the techniques for the financing, production and distribution of audiovisual programmes;
– script-writing techniques and storytelling including techniques for the development of new audiovisual programme types.
Particular attention will be paid to the opportunities for distance learning and pedagogic innovation offered by the development of on-line technologies.
For these training activities, cooperation between various players in the audiovisual industry, such as script-writers, directors and producers, will be encouraged.
As an exception, certain initial vocational training measures in which the industrial sector is directly involved, such as master’s degrees, may also be supported if no other Community support is available and in fields for which there are no support measures at national level.
(b) To encourage cooperation and the exchange of know-how and best practice through networking between the partners responsible for training, namely training establishments, the professional sector and undertakings, as well as through developing training for the trainers.
Particular importance will be attached to encouraging the gradual establishment of networks in the audiovisual training sector and in continuous training for the trainers.
2. To achieve the objectives set out in the first subparagraph of paragraph 1(a) and in paragraph 1(b), particular attention shall be devoted to the specific needs of countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, as well as to the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.
3. The objectives set out in paragraph 1 shall be realised in accordance with the arrangements contained in the Annex.

Article 3
Coordination
In order to achieve maximum coordination, the Commission shall ensure that there is cooperation between the training activities referred to in the programme and the development projects supported under the MEDIA Plus programme established under Council Decision 2000/821/EC(13).

Article 4
Financial provisions and funding conditions
1. The beneficiaries of Community support taking part in implementing the actions set out in the Annex shall provide a substantial proportion of the funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may be as much as 60 % of the cost of operations.
2. The beneficiaries of Community support shall ensure that in principle a majority of the participants in a training measure, nationals of States participating in the programme, are of a nationality other than that of the beneficiary’s country. To that end, support to facilitate participation by professionals from different linguistic areas may be included in Community funding for the training measure.
3. The Commission shall ensure that, as far as possible, an appropriate proportion of the funding annually available, to be determined in accordance with the procedure laid down in Article 6(2), is reserved for new activities.
4. Community funding shall be determined according to the costs and nature of each project planned.
5. The financial framework for the implementation of this programme for the period referred to in Article 1 is hereby set at EUR 50 million.
6. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 5
Implementation of the programme
1. The Commission shall be responsible for the implementation of the programme.
2. The measures necessary for the implementation of this Decision concerning the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 6(2):
(a) general guidelines for all the measures described in the Annex;
(b) the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;
(c) the appropriate percentage of the funds available each year reserved for new activities;
(d) the arrangements for following up and assessing actions;
(e) any proposal for a Community allocation exceeding EUR 200000 per beneficiary and per year. This threshold may be reviewed in the light of experience.
3. The measures necessary for the implementation of this Decision concerning all the other matters shall be adopted in accordance with the advisory procedure referred to in Article 6(3). This procedure shall also apply to the final choice of technical assistance offices.
4. Technical assistance shall be governed by the provisions adopted pursuant to the Financial Regulation.
5. The Commission shall give the European Parliament and the Council regular and timely notice of the implementation of the programme, in particular the use of the available resources.

Article 6
1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
4. The Committee shall adopt its rules of procedure.

Article 7
Consistency and complementarity
In the implementation of the programme, the Commission shall, in close cooperation with the Member States, ensure general consistency and complementarity with other relevant Community policies, programmes and actions that impinge upon the training and audiovisual fields.
The Commission shall also ensure coordination between the programme and other Community programmes in the field of initial and continuous training, and with the operation of the European Social Fund, in accordance with the rules of the Fund.
The Commission shall ensure effective liaison between this programme and programmes and actions in the training and audiovisual fields being carried out in the framework of Community cooperation with non-member countries and the relevant international organisations.

Article 8
Opening-up of the programme to third countries
1. The programme shall be open to the participation of the associated countries of Central and Eastern Europe, in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.
2. The programme shall be open to the participation of Cyprus, Malta, Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.
3. The programme shall be open to the participation of the countries which are Parties to the Council of Europe Convention on Transfrontier Television, other than those referred to in paragraphs 1 and 2, on the basis of supplementary appropriations, in accordance with the conditions to be established in the agreements between the interested parties.
4. The opening-up of the programme to the European third countries referred to in paragraphs 1, 2 and 3 is subject to a prior examination as to the compatibility of their national legislation with the Community acquis, including the second subparagraph of Article 6(1) of Council Directive 89/552/EEC.
5. The programme shall also be open to cooperation with other third countries on the basis of supplementary appropriations and cost sharing under agreed procedures to be established in the agreements between the interested parties. The European third countries referred to in paragraph 3 which do not wish to participate fully in the programme may be eligible for cooperation under the conditions set out in this paragraph.

Article 9
Monitoring and evaluation
1. The Commission shall ensure that measures taken under this Decision are subject to prior appraisal, and to subsequent monitoring and evaluation, taking care to ensure the accessibility of the programme and its transparency.
2. The beneficiaries selected shall submit an annual report to the Commission.
3. After completion of the projects, the Commission shall evaluate the manner in which they have been carried out and the impact of their implementation, in order to assess whether the original objectives have been achieved.
4. The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions an evaluation report on the impact and effectiveness of the programme, on the basis of the results after two years of implementation. This report shall include performance indicators such as impact on employment.
This report shall be accompanied, if need be, by any proposal regarding adjustment.
5. On completion of the programme, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a detailed report on the implementation and results of the programme.
The Commission’s report shall, in particular, give an account of the added value created by the Community’s financial support, its possible impact on employment, and the coordinating measures referred to in Articles 3 and 7.

Article 10
Entry into force
This Decision shall enter into force on 1 January 2001.
Done at Brussels, 19 January 2001.
For the European Parliament
The President
N. Fontaine
For the Council
B. Ringholm
(1) OJ C 150, 30.5.2000, p. 59.
(2) OJ C 168, 16.6.2000, p. 8.
(3) OJ C 317, 6.11.2000, p. 60.
(4) Opinion of the European Parliament of 6 July 2000 (not yet published in the Official Journal), Council Common Position of 23 November 2000 (OJ C 375, 28.12.2000, p. 44) and Decision of the European Parliament of 13 December 2000.
(5) OJ C 283, 6.10.1999, p. 1.
(6) OJ L 380, 31.12.1990, p. 37.
(7) OJ L 321, 30.12.1995, p. 25.
(8) OJ L 321, 30.12.1995, p. 33.
(9) OJ L 26, 1.2.1999, p. 1.
(10) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).
(11) OJ C 172, 18.6.1999, p. 1.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 150(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) From 6 to 8 April 1998, the Commission, in cooperation with the Presidency-in-office, held a European audiovisual conference on “Challenges and opportunities of the digital age” in Birmingham. This consultation process highlighted the need for an improved programme of training in the audiovisual sector which concentrated on all the new aspects of the digital age. The Council of 28 May 1998 took note of the final conclusions of the said conference and called for new schemes to be developed to encourage a strong and competitive programme industry.(2) The Report of the High-Level Group on Audiovisual Policy of 26 October 1998, entitled “The Digital Age: European Audiovisual Policy”, concluded that, in this environment, both initial and continuous training in the audiovisual sector should be strengthened.(3) The challenges of production, distribution and availability of European audiovisual content were the main topics discussed at the Forum on Audiovisual Policy entitled “European content for the digital millennium” organised in Helsinki on 10 and 11 September 1999 by the Presidency-in-office in cooperation with the Commission.(4) The seminar “Training for the new millennium” held by the Presidency-in-office in cooperation with the Commission in Oporto on 10 and 11 April 2000 stressed in its conclusions that efforts in training are required to facilitate the growth and desirable internationalisation of the European audiovisual industry.(5) In the Communication from the Commission to the European Parliament and the Council entitled “Audiovisual policy: next steps”, the Commission recognises the considerable impact on employment which the digital age will have in the audiovisual industry.(6) The Green Paper on “The Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation” recognises that the emergence of new services will lead to the creation of new jobs. Adapting to the new markets requires staff trained in the use of new technologies. The Commission’s public consultation on the Green Paper confirmed the demand for specialised vocational training adapted to the needs of the market.(7) In its Conclusions of 27 September 1999 on the results of the public consultation on the Green Paper(5), the Council called upon the Commission to take account of those results when drawing up proposals for measures to strengthen the European audiovisual sector, including the multimedia sector.(8) The European Council held in Luxembourg on 20 and 21 November 1997 recognised that continuous education and vocational training can make a major contribution to the employment policies of the Member States with a view to improving suitability for employment, adaptability and the spirit of enterprise, and promoting equality of opportunities.(9) The European Council meeting held in Lisbon on 24 March 2000 also emphasised the importance of appropriate training, particularly in new technologies used by the information society.(10) In its report to the European Council on job opportunities in the information society, the Commission noted that the new audiovisual services offered a strong potential for job creation.(11) It is therefore appropriate to facilitate the development of investment in the European audiovisual industry and call on the Member States to encourage the creation of new jobs by various means.(12) The Commission implemented an “Action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995)”, adopted by Council Decision 90/685/EEC(6) and comprising, in particular, support for training activities to improve the professional skills of persons working in the European audiovisual programme industry.(13) The Community strategy for developing and strengthening the European audiovisual industry was confirmed under the MEDIA II programme adopted by Council Decision 95/563/EC(7), and by Council Decision 95/564/EC(8). On the basis of the achievements of the abovementioned MEDIA II programme, its continuation should be ensured in the light of the results obtained.(14) In its report on the results obtained under the MEDIA II (1996-2000) programme, from 1 January 1996 to 30 June 1998, the Commission considers that the programme meets the principle of the subsidiarity of Community funds to national funds, since the field of intervention of MEDIA II supplements the traditionally predominant role of the national schemes.(15) The Commission recognised the positive impact of the MEDIA II programme on employment in the audiovisual industry in its Communication on Community Policies in Support of Employment.(16) As it is necessary to take cultural aspects of the audiovisual sector into account as indicated in Article 151(4) of the Treaty, it should be ensured that participation in this programme reflects European cultural diversity.(17) With a view to encouraging European audiovisual projects, the Commission will examine the possibility of complementary funding from other Community instruments in particular under the “e-Europe” Action plan, such as those covered by the European Investment Bank (EIB), the European Investment Fund (EIF) as well as the Fifth Framework Programme of the European Community for research, technological development and demonstration activities adopted by Decision No 182/1999/EC of the European Parliament and of the Council(9). Professionals in the audiovisual sector will be informed about the different types of funding available at Community level.(18) The emergence of a European audiovisual market calls for professional skills adjusted to the new dimension of the market, particularly in the field of the economic, financial and commercial management of audiovisual projects and in the use of new technologies in the design, development, production, distribution, marketing and broadcasting of programmes.(19) Professionals should be given the professional skills to allow them to benefit fully from the European and international dimension of the market for audiovisual programmes, and they must be encouraged to develop projects which meet the needs of that market.(20) Particular emphasis should be given to specialised training in intellectual property rights including the relevant Community rules, as well as to specialised training in the marketing of audiovisual products focusing in particular on new technologies as dissemination and marketing vehicles.(21) Equal opportunities are a basic principle in Community policies which must be taken into account in the implementation of this programme.(22) Training for professionals should comprise the essential economic, legal, technological and business content; rapid changes in these subjects make lifelong learning necessary.(23) In order to ensure that professionals master new technologies, special emphasis should be given to training in the use of these technologies, and thereby increasing competitiveness of enterprises in the audiovisual sector.(24) In accordance with the principle of subsidiarity, the networking of vocational training centres should be encouraged in order to facilitate the exchange of know-how and best practice in an international environment.(25) Support for vocational training should take account of structural objectives, such as developing the potential for creation, production, marketing and distribution in countries or regions with: a low audiovisual production capacity; and/or a restricted linguistic or geographical area; as well as the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.(26) In accordance with the principles of subsidiarity and proportionality and in view of the fact that the objectives of the proposed measures concerning the implementation of vocational training policy cannot be achieved by the Member States, in particular in view of the transnational partnerships to be established between the training centres, the measures necessary to achieve them should be implemented by the Community. This Decision does not go beyond what is needed to achieve these objectives.(27) The measures proposed under this programme are all aimed at achieving transnational cooperation which brings an added value to the measures being taken in the Member States, in accordance with the aforementioned principle of subsidiarity.(28) The associated countries of Central and Eastern Europe, those EFTA countries which are members of the EEA, Cyprus, Malta and Turkey are recognised as potential participants in Community programmes on the basis of supplementary appropriations and in accordance with the procedures to be agreed with those countries. Those countries of Europe which have signed the Council of Europe Convention on Transfrontier Television belong to the European audiovisual area and may therefore, if they wish, and taking into account budgetary considerations or other priorities of their audiovisual industries, participate in the programme or benefit under a limited cooperation scheme, on the basis of the supplementary appropriations, in accordance with the procedures to be established in the agreements between the interested parties.(29) The opening-up of the programme to European third countries should be subject to a prior examination as to the compatibility of their national legislation with the Community acquis in particular Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(10).(30) Cooperation in the field of vocational training on the part of the European training establishments and those in third countries, on the basis of common interests, is likely to create an added value for the European audiovisual industry. Moreover, opening up to third countries will raise awareness of European cultural diversity and will lead to the dissemination of common democratic values. Such cooperation will be developed on the basis of supplementary appropriations and in accordance with the procedures to be established in the agreements between the interested parties.(31) In order to enhance the added value of the Community action, it is necessary to ensure, at all levels, that the measures taken under this Decision are consistent with and complementary to other Community action. It is desirable to coordinate the activities laid down by the programme with those undertaken by international organisations such as the Council of Europe.(32) In accordance with the conclusions of the Lisbon European Council, the Council and Commission are to report by the end of 2000 on the review of the EIB and EIF financial instruments which was undertaken in order to redirect funding towards business start-ups, high-tech firms and micro-enterprises, as well as other risk capital or guarantee mechanism initiatives proposed by the EIB and EIF. In this connection, particular attention should be paid to the audiovisual sector, including training programmes.(33) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and Commission(11), for the budgetary authority during the annual budgetary procedure.(34) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(12),HAVE DECIDED AS FOLLOWS:Article 1Establishment of the programmeA vocational training programme, MEDIA-Training, hereinafter referred to as “the programme”, is hereby established for the period from 1 January 2001 to 31 December 2005.The programme is intended to give professionals in the European audiovisual programme industry, mainly through continuous vocational training, the necessary skills to allow them to take full advantage of the European and international dimension of the market and of the use of new technologies.Article 2Objectives of the programme1. The objectives of the programme are as follows:(a) To meet the industry’s needs and promote competitiveness by improving the continuous vocational training of professionals in the audiovisual sector, with a view to giving them the know-how and skills needed to create competitive products on the European and other markets, in particular in the field of:- application of new technologies, and in particular digital technologies, for the production and distribution of audiovisual programmes with a high commercial and artistic added value;- economic, financial and commercial management, including the legal framework and the techniques for the financing, production and distribution of audiovisual programmes;- script-writing techniques and storytelling including techniques for the development of new audiovisual programme types.Particular attention will be paid to the opportunities for distance learning and pedagogic innovation offered by the development of on-line technologies.For these training activities, cooperation between various players in the audiovisual industry, such as script-writers, directors and producers, will be encouraged.As an exception, certain initial vocational training measures in which the industrial sector is directly involved, such as master’s degrees, may also be supported if no other Community support is available and in fields for which there are no support measures at national level.(b) To encourage cooperation and the exchange of know-how and best practice through networking between the partners responsible for training, namely training establishments, the professional sector and undertakings, as well as through developing training for the trainers.Particular importance will be attached to encouraging the gradual establishment of networks in the audiovisual training sector and in continuous training for the trainers.2. To achieve the objectives set out in the first subparagraph of paragraph 1(a) and in paragraph 1(b), particular attention shall be devoted to the specific needs of countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, as well as to the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.3. The objectives set out in paragraph 1 shall be realised in accordance with the arrangements contained in the Annex.Article 3CoordinationIn order to achieve maximum coordination, the Commission shall ensure that there is cooperation between the training activities referred to in the programme and the development projects supported under the MEDIA Plus programme established under Council Decision 2000/821/EC(13).Article 4Financial provisions and funding conditions1. The beneficiaries of Community support taking part in implementing the actions set out in the Annex shall provide a substantial proportion of the funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may be as much as 60 % of the cost of operations.2. The beneficiaries of Community support shall ensure that in principle a majority of the participants in a training measure, nationals of States participating in the programme, are of a nationality other than that of the beneficiary’s country. To that end, support to facilitate participation by professionals from different linguistic areas may be included in Community funding for the training measure.3. The Commission shall ensure that, as far as possible, an appropriate proportion of the funding annually available, to be determined in accordance with the procedure laid down in Article 6(2), is reserved for new activities.4. Community funding shall be determined according to the costs and nature of each project planned.5. The financial framework for the implementation of this programme for the period referred to in
Establishment of the programme
A vocational training programme, MEDIA-Training, hereinafter referred to as “the programme”, is hereby established for the period from 1 January 2001 to 31 December 2005.
The programme is intended to give professionals in the European audiovisual programme industry, mainly through continuous vocational training, the necessary skills to allow them to take full advantage of the European and international dimension of the market and of the use of new technologies.
Objectives of the programme
1. The objectives of the programme are as follows:
(a) To meet the industry’s needs and promote competitiveness by improving the continuous vocational training of professionals in the audiovisual sector, with a view to giving them the know-how and skills needed to create competitive products on the European and other markets, in particular in the field of:
– application of new technologies, and in particular digital technologies, for the production and distribution of audiovisual programmes with a high commercial and artistic added value;
– economic, financial and commercial management, including the legal framework and the techniques for the financing, production and distribution of audiovisual programmes;
– script-writing techniques and storytelling including techniques for the development of new audiovisual programme types.
Particular attention will be paid to the opportunities for distance learning and pedagogic innovation offered by the development of on-line technologies.
For these training activities, cooperation between various players in the audiovisual industry, such as script-writers, directors and producers, will be encouraged.
As an exception, certain initial vocational training measures in which the industrial sector is directly involved, such as master’s degrees, may also be supported if no other Community support is available and in fields for which there are no support measures at national level.
(b) To encourage cooperation and the exchange of know-how and best practice through networking between the partners responsible for training, namely training establishments, the professional sector and undertakings, as well as through developing training for the trainers.
Particular importance will be attached to encouraging the gradual establishment of networks in the audiovisual training sector and in continuous training for the trainers.
2. To achieve the objectives set out in the first subparagraph of paragraph 1(a) and in paragraph 1(b), particular attention shall be devoted to the specific needs of countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, as well as to the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.
3. The objectives set out in paragraph 1 shall be realised in accordance with the arrangements contained in the Annex.
Coordination
In order to achieve maximum coordination, the Commission shall ensure that there is cooperation between the training activities referred to in the programme and the development projects supported under the MEDIA Plus programme established under Council Decision 2000/821/EC(13).
Financial provisions and funding conditions
1. The beneficiaries of Community support taking part in implementing the actions set out in the Annex shall provide a substantial proportion of the funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may be as much as 60 % of the cost of operations.
2. The beneficiaries of Community support shall ensure that in principle a majority of the participants in a training measure, nationals of States participating in the programme, are of a nationality other than that of the beneficiary’s country. To that end, support to facilitate participation by professionals from different linguistic areas may be included in Community funding for the training measure.
3. The Commission shall ensure that, as far as possible, an appropriate proportion of the funding annually available, to be determined in accordance with the procedure laid down in Article 6(2), is reserved for new activities.
4. Community funding shall be determined according to the costs and nature of each project planned.
5. The financial framework for the implementation of this programme for the period referred to in Article 1 is hereby set at EUR 50 million.
6. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Implementation of the programme
1. The Commission shall be responsible for the implementation of the programme.
2. The measures necessary for the implementation of this Decision concerning the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 6(2):
(a) general guidelines for all the measures described in the Annex;
(b) the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;
(c) the appropriate percentage of the funds available each year reserved for new activities;
(d) the arrangements for following up and assessing actions;
(e) any proposal for a Community allocation exceeding EUR 200000 per beneficiary and per year. This threshold may be reviewed in the light of experience.
3. The measures necessary for the implementation of this Decision concerning all the other matters shall be adopted in accordance with the advisory procedure referred to in Article 6(3). This procedure shall also apply to the final choice of technical assistance offices.
4. Technical assistance shall be governed by the provisions adopted pursuant to the Financial Regulation.
5. The Commission shall give the European Parliament and the Council regular and timely notice of the implementation of the programme, in particular the use of the available resources.
1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
4. The Committee shall adopt its rules of procedure.
Consistency and complementarity
In the implementation of the programme, the Commission shall, in close cooperation with the Member States, ensure general consistency and complementarity with other relevant Community policies, programmes and actions that impinge upon the training and audiovisual fields.
The Commission shall also ensure coordination between the programme and other Community programmes in the field of initial and continuous training, and with the operation of the European Social Fund, in accordance with the rules of the Fund.
The Commission shall ensure effective liaison between this programme and programmes and actions in the training and audiovisual fields being carried out in the framework of Community cooperation with non-member countries and the relevant international organisations.
Opening-up of the programme to third countries
1. The programme shall be open to the participation of the associated countries of Central and Eastern Europe, in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.
2. The programme shall be open to the participation of Cyprus, Malta, Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.
3. The programme shall be open to the participation of the countries which are Parties to the Council of Europe Convention on Transfrontier Television, other than those referred to in paragraphs 1 and 2, on the basis of supplementary appropriations, in accordance with the conditions to be established in the agreements between the interested parties.
4. The opening-up of the programme to the European third countries referred to in paragraphs 1, 2 and 3 is subject to a prior examination as to the compatibility of their national legislation with the Community acquis, including the second subparagraph of Article 6(1) of Council Directive 89/552/EEC.
5. The programme shall also be open to cooperation with other third countries on the basis of supplementary appropriations and cost sharing under agreed procedures to be established in the agreements between the interested parties. The European third countries referred to in paragraph 3 which do not wish to participate fully in the programme may be eligible for cooperation under the conditions set out in this paragraph.
Monitoring and evaluation
1. The Commission shall ensure that measures taken under this Decision are subject to prior appraisal, and to subsequent monitoring and evaluation, taking care to ensure the accessibility of the programme and its transparency.
2. The beneficiaries selected shall submit an annual report to the Commission.
3. After completion of the projects, the Commission shall evaluate the manner in which they have been carried out and the impact of their implementation, in order to assess whether the original objectives have been achieved.
4. The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions an evaluation report on the impact and effectiveness of the programme, on the basis of the results after two years of implementation. This report shall include performance indicators such as impact on employment.
This report shall be accompanied, if need be, by any proposal regarding adjustment.
5. On completion of the programme, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a detailed report on the implementation and results of the programme.
The Commission’s report shall, in particular, give an account of the added value created by the Community’s financial support, its possible impact on employment, and the coordinating measures referred to in Articles 3 and 7.
Entry into force
This Decision shall enter into force on 1 January 2001.
Done at Brussels, 19 January 2001.
For the European Parliament
The President
N. Fontaine
For the Council
B. Ringholm
(1) OJ C 150, 30.5.2000, p. 59.
(2) OJ C 168, 16.6.2000, p. 8.
(3) OJ C 317, 6.11.2000, p. 60.
(4) Opinion of the European Parliament of 6 July 2000 (not yet published in the Official Journal), Council Common Position of 23 November 2000 (OJ C 375, 28.12.2000, p. 44) and Decision of the European Parliament of 13 December 2000.
(5) OJ C 283, 6.10.1999, p. 1.
(6) OJ L 380, 31.12.1990, p. 37.
(7) OJ L 321, 30.12.1995, p. 25.
(8) OJ L 321, 30.12.1995, p. 33.
(9) OJ L 26, 1.2.1999, p. 1.
(10) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).
(11) OJ C 172, 18.6.1999, p. 1.
1. MEASURES TO BE IMPLEMENTED
In support of and in addition to the measures being undertaken by the Member States, the programme aims to permit professionals to adapt to the dimension of the market, and in particular the European market, for audiovisual works, by promoting vocational training in:
– new technologies including the conservation and enhancement of the European film and audiovisual heritage;
– economic, financial and commercial management, including the legal framework, distribution and marketing;
– script-writing techniques and the development of new programme types.
Training activities will take account of the legal framework in the area of intellectual property rights, in particular the relevant Community rules.
Professionals from the audiovisual industry and from radio will have access to the relevant training activities.
The programme will encourage cooperation on the proposed measures between the various players in the audiovisual industry, such as script-writers, directors and producers, with a view to improving the quality and commercial potential of projects by means of closer cooperation between the various groups of professionals.
1.1. Training in new technologies
This training aims to develop the ability of professionals to use advanced creation and dissemination techniques, in particular in the fields of animation, computer graphics, multimedia and interactive applications including post-production techniques facilitating the transnational movement of European works.
The measures proposed are as follows:
– promoting the development and updating of the modules for training in the new audiovisual technologies, in parallel to the measures being taken by the Member States;
– networking the training courses, promoting exchanges of trainers and professionals by awarding grants, organising work experience in undertakings in other Member States, and contributing to the training of trainers, through distance learning, and by promoting exchanges and partnerships involving countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.
1.2. Training in economic, financial and commercial management
This training aims to develop the ability of professionals to appreciate and use the European dimension in the development, production, marketing and distribution/dissemination of audiovisual programmes.
The measures proposed are as follows:
– promoting the development and updating of the modules for training in management, in parallel to the measures being taken by the Member States and emphasising the European dimension;
– networking the training courses, promoting exchanges of trainers and professionals by awarding grants, organising work experience in undertakings in other Member States, contributing to the training of trainers, through distance learning, and by promoting exchanges and partnerships involving countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.
1.3. Script-writing techniques
This training is aimed at experienced script writers and directors in order to improve their ability to develop techniques based on both conventional and interactive script-writing and storytelling methods for all types of audiovisual programmes.
The measures will be as follows:
– promoting the development and updating of the training modules for identifying target audiences; publication and development of scripts for an international audience aimed at quality productions; relations between the script-writer, the director, the producer and the distributor;
– networking the training courses, promoting exchanges of trainers and professionals by awarding grants, organising work experience in undertakings in other Member States, contributing to the training of trainers, through distance learning, and by promoting exchanges and partnerships involving countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.
1.4. Networks of training courses
The objective is to encourage recipients of support under the programme to step up coordination of their activities in continuous training in order to establish European networks.
1.5. Initial vocational training activities
As an exception support may be provided for activities in some fields of initial vocational training where no other Community or national funding is on offer, including master’s degrees in which there is a link with industry in the form of a partnership and/or work experience.
2. IMPLEMENTATION PROCEDURE
2.1. Approach
In implementing the programme, the Commission, assisted by the Committee provided for in Article 6, will work closely with the Member States. It will also consult the partners concerned. It will ensure that the participation of professionals reflects adequately Europe’s cultural diversity.
It will encourage designers of training modules to cooperate with establishments, the professional sector and undertakings in their work and in their follow-up.
The Commission will ensure that the designers of training modules take all steps with a view to respecting the principle set out in Article 4(2), and, if specific reasons justify departing from this principle, that Community added value is ensured.
It will ensure that establishments provide linguistic facilities, in particular in the area of script-writing techniques.
It will facilitate the participation of trainees, particularly from countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.
2.2. Community contribution
Community cofinancing of the total training costs will be provided within a framework of joint funding with public and/or private partners, generally up to a limit of 50 %. This percentage may be raised to 60 % for training activities in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.
As a general rule, Community financial assistance granted for projects under the programme may cover a maximum period of three years, subject to a periodic review of progress achieved.
The procedure set out in Article 6(2) will be applied to determine the allocation of funding for each type of measure provided for under point 1.
In accordance with the rules for Community funding, and pursuant to the procedure set out in Article 6(2), the Commission will lay down a set of rules for funding in order to determine the ceiling for each continuous training activity and professional trained.
Designers of modules and training establishments will be selected by calls for proposals.
As far as possible, the Commission will ensure that an appropriate percentage of the funds available each year is allocated to new activities.
2.3. Implementation
2.3.1. The Commission, in accordance with the procedure laid down in Article 6, will implement the programme. It will call upon consultants and technical assistance offices to be selected, after a call for proposals, on the basis of their expertise in the sector, experience acquired in the MEDIA II programme, or other experience acquired in this area. The technical assistance will be financed by the programme’s budget. In accordance with the procedure referred to in Article 6(2), the Commission may also conclude partnerships for operations with specialised bodies, including those which have been set up under other European initiatives, such as Audiovisual Eureka, Eurimages and the European Audiovisual Observatory, in order to implement joint measures which meet the objectives of the programme in the field of training. The Commission will make the final selection of the beneficiaries of the programme and will decide on the financial support to be granted, in accordance with Article 5.
It will give grounds for its decisions to applicants for Community support and ensure the transparency of implementation of the programme.
The beneficiaries will take steps to publicise the Community’s support.
In selecting supported activities, the Commission will, in addition to the priorities set out in Article 2(2), take particular account of the following criteria:
– partnership between training establishments, the professional sector and undertakings;
– the innovatory nature of the measure;
– the multiplier effect of the measure (including utilisable results, e.g. manuals);
– the cost-effectiveness of the measure;

Pending: 32001D0041

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Whereas:(1) The conclusions of the Helsinki European Council in December 1999 encourage the implementation within the General Secretariat of the Council of the possibility of exchanges with national administrations.(2) It has been decided to introduce arrangements for the exchange of officials to ensure closer collaboration between the Council and national administrations or international organisations, by means of the detachment of officials of the General Secretariat to such administrations or organisations and by the detachment to the General Secretariat of national or international officials, thus allowing a reciprocal transfer of knowledge to be carried out.(3) The specific nature and volume of the work to be done justifies the detachment of several national experts and practitioners, to the General Secretariat of the Council for a limited period,HAS DECIDED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Definition1. These rules are applicable to national experts on detachment to the General Secretariat of the Council, hereinafter referred to as the “General Secretariat”, in the context of the arrangements for exchanges of officials of the General Secretariat with national administrations or international organisations.2. The persons covered by these rules shall remain in paid employment in an international or national administration throughout the period of detachment.3. Except where the Secretary-General/High Representative grants a derogation, national experts on detachment shall be nationals of a Member State of the European Union. However, such a derogation shall be excluded in the field of the European common security and defence policy.Article 2Period of detachment1. The period of detachment of national experts on detachment shall depend on the tasks assigned to them. The total period of detachment, including any renewal, may not exceed four years. They shall serve on a full-time basis throughout the period of detachment.2. The probable period of detachment shall be fixed at the outset in the Exchange of Letters referred to in Article 18(2) between the Secretary-General/High Representative and the Permanent Representative, or the employer in the case of an international organisation.3. No national expert may be detached to the General Secretariat more than once.Article 3Duties1. National experts on detachment shall assist General Secretariat officials and carry out the tasks entrusted to them in a predetermined work programme or job description.2. The duties carried out shall be defined by mutual agreement between the General Secretariat and the home administration in the interest of the departments and taking into account the candidate’s qualifications.3. Unless special instructions to the contrary are given, under the authority of the Secretary-General/High Representative, by the Director-General of the Directorate-General to which they are assigned, national experts on detachment shall not enter into any commitment on the General Secretariat’s behalf with third parties.4. National experts on detachment may work in any field where their services are deemed necessary provided there is no conflict with the interests of the European Union.Article 4Level, professional experience and knowledge of languages1. To qualify for detachment to the General Secretariat a national expert must have at least three years’ experience of advisory or supervisory duties in a grade equivalent to Categories A or B at the General Secretariat.2. A national expert on detachment must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another of these languages to the extent necessary for him to carry out the tasks entrusted to him.3. The Exchange of Letters referred to in Article 18(2) must stipulate the level of any security clearance of national experts on detachment.4. National experts on detachment must have a good knowledge of the use of information technology.Article 5Social security1. Before the period of detachment begins, the administration from which the official is to be detached shall certify to the General Secretariat that he will remain subject throughout the period of detachment to the social security legislation applicable to that administration which will assume responsibility for expenses incurred abroad.2. From the day he takes up duty a national expert on detachment shall be personally insured against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.3. A national expert on detachment who cannot be covered by a public sickness insurance scheme can apply to have this risk insured by the General Secretariat subject to his contributing half the relevant insurance premium. In such a case, his contribution shall be deducted monthly from the subsistence allowance referred to in Article 12.Article 6Breaks in or termination of periods of detachment1. The General Secretariat may authorise breaks in periods of detachment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 shall be paid only if the break is at the General Secretariat’s request.2. Periods of detachment may be terminated if the interests of the General Secretariat or the expert’s employer so require or for any other sufficient cause.CHAPTER IIRIGHTS AND OBLIGATIONS OF A NATIONAL EXPERT ON DETACHMENTArticle 71. A national expert on detachment shall carry out his duties and conduct himself solely with the interests of the Council in mind.2. A national expert on detachment shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.3. A national expert on detachment who, in the performance of his duties, is called on to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.4. A national expert on detachment shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not already made public. He shall continue to be bound by this obligation after his period of detachment has terminated.5. A national expert on detachment shall not, whether alone or together with others, publish or cause to be published any matter dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.6. A national expert on detachment shall be subject to the security rules in force at the General Secretariat.7. All rights in any work done by a national expert on detachment in the performance of his duties shall be the property of the General Secretariat.8. A national expert on detachment shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.9. A national expert on detachment shall assist and tender advice to the superiors at the General Secretariat; he shall be responsible to them for performance of the tasks entrusted to him.CHAPTER IIIWORKING CONDITIONS OF THE NATIONAL EXPERT ON DETACHMENTArticle 8Hours of work1. A national expert on detachment shall be bound by the rules on hours of work in force at the General Secretariat.2. However, a national expert on detachment shall not be authorised to work half-time.Article 9Leave and holidaysA national expert on detachment shall be subject to the rules on annual leave, special leave and holidays in force at the General Secretariat.Article 10Management and controlManagement and control of leave and working time shall be the responsibility of the administration of the General Secretariat.CHAPTER IVEMOLUMENTSA. RemunerationArticle 11Declaration of salary paid by the expert’s employer1. The Office of the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation, shall notify the General Secretariat of the gross annual salary paid to each national expert on detachment.2. This information shall appear in the Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation.B. AllowancesArticle 12Subsistence allowance1. A national expert on detachment shall be entitled, throughout the period of detachment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.2. The allowance shall also be payable for periods of mission, annual leave, special leave and holidays granted by the General Secretariat.3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.4. An advance payment shall be made to a national expert on detachment, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day on which he takes up his duties to the last day of the second month following that in which he takes up his duties.Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.Where a national expert on detachment definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the expert which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.5. The subsistence payment to the national expert on detachment may be revised taking into account consumer price trends in Brussels.Article 13Additional flat-rate allowanceExcept where the place of recruitment of the national expert on detachment is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A 8 or step 1 of Grade B 5, depending on the category to which he is deemed to correspond.C. Reimbursement of expensesArticle 14Travel expenses1. If a national expert on detachment has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled for himself each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 km. Where the journey exceeds 500 km or involves a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).2. The rate applied shall be that in force at the General Secretariat’s travel office on 1 January of the current year. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.3. If a national expert on detachment removes his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.4. In accordance with the rules and conditions in force at the General Secretariat, a national expert on detachment shall be entitled to reimbursement of travel expenses:(a) for himself:- from his place of recruitment to his place of employment at the beginning of the period of detachment,- from his place of employment to his place of recruitment at the end of the period of detachment;(b) for his spouse and dependent children:- from the place of recruitment to the place of employment when removal takes place,- from the place of employment to the place of recruitment at the end of the period of detachment.5. For the purpose of this Decision, the place of recruitment shall be the place where the national expert on detachment performed his duties with his original employer prior to his detachment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall specify these places.6. The Exchange of Letters referred to in Article 18(2) may specify that travel expenses shall not be borne by the General Secretariat.Article 15Removal expenses1. A national expert on detachment who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of detachment is at least one year and that the place of recruitment is at least 50 km from the place of employment.2. A national expert on detachment shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.3. Removal must take place within three months of the end of the period of detachment.4. The Exchange of Letters referred to in Article 18(2) may specify that removal expenses shall not be borne by the General Secretariat.Article 16Missions and mission expenses1. A national expert on detachment may be sent on mission in accordance with Article 3.2. Mission expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of mission expenses for officials in force at the General Secretariat.Article 17Adjustment of emoluments1. The emoluments to which a national expert on detachment is entitled shall not be revised during the period of detachment.2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.CHAPTER VADMINISTRATIVE AND BUDGETARY PROVISIONSArticle 18Budgetary allocations and contracts1. Expenditure arising from the detachment of national experts shall be charged to budget heading 1113 of the Council budget.2. Detachment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical detailed arrangements for detachment under this Decision. Any letter extending, breaking or terminating the period of detachment shall also be sent by the Secretary-General/High Representative. A national expert on detachment shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his detachment to complete the relevant administrative formalities. He shall take up duty on the first of the month.Article 19Settlement of expenditurePayments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.Article 20Expenditure on infrastructureExpenditure on the provision of working facilities (offices, furniture, machines, etc.) for national experts on detachment shall be charged to administrative appropriations.Article 21This Decision shall take effect on the day of its adoption.Article 22This Decision shall be published in the Official Journal.Done at Brussels, 22 December 2000.For the CouncilThe PresidentC. Pierret

Article 1
1. These rules are applicable to national experts on detachment to the General Secretariat of the Council, hereinafter referred to as the “General Secretariat”, in the context of the arrangements for exchanges of officials of the General Secretariat with national administrations or international organisations.
2. The persons covered by these rules shall remain in paid employment in an international or national administration throughout the period of detachment.
3. Except where the Secretary-General/High Representative grants a derogation, national experts on detachment shall be nationals of a Member State of the European Union. However, such a derogation shall be excluded in the field of the European common security and defence policy.

Article 2
Period of detachment
1. The period of detachment of national experts on detachment shall depend on the tasks assigned to them. The total period of detachment, including any renewal, may not exceed four years. They shall serve on a full-time basis throughout the period of detachment.
2. The probable period of detachment shall be fixed at the outset in the Exchange of Letters referred to in Article 18(2) between the Secretary-General/High Representative and the Permanent Representative, or the employer in the case of an international organisation.
3. No national expert may be detached to the General Secretariat more than once.

Article 3
1. National experts on detachment shall assist General Secretariat officials and carry out the tasks entrusted to them in a predetermined work programme or job description.
2. The duties carried out shall be defined by mutual agreement between the General Secretariat and the home administration in the interest of the departments and taking into account the candidate’s qualifications.
3. Unless special instructions to the contrary are given, under the authority of the Secretary-General/High Representative, by the Director-General of the Directorate-General to which they are assigned, national experts on detachment shall not enter into any commitment on the General Secretariat’s behalf with third parties.
4. National experts on detachment may work in any field where their services are deemed necessary provided there is no conflict with the interests of the European Union.

Article 4
Level, professional experience and knowledge of languages
1. To qualify for detachment to the General Secretariat a national expert must have at least three years’ experience of advisory or supervisory duties in a grade equivalent to Categories A or B at the General Secretariat.
2. A national expert on detachment must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another of these languages to the extent necessary for him to carry out the tasks entrusted to him.
3. The Exchange of Letters referred to in Article 18(2) must stipulate the level of any security clearance of national experts on detachment.
4. National experts on detachment must have a good knowledge of the use of information technology.

Article 5
Social security
1. Before the period of detachment begins, the administration from which the official is to be detached shall certify to the General Secretariat that he will remain subject throughout the period of detachment to the social security legislation applicable to that administration which will assume responsibility for expenses incurred abroad.
2. From the day he takes up duty a national expert on detachment shall be personally insured against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.
3. A national expert on detachment who cannot be covered by a public sickness insurance scheme can apply to have this risk insured by the General Secretariat subject to his contributing half the relevant insurance premium. In such a case, his contribution shall be deducted monthly from the subsistence allowance referred to in Article 12.

Article 6
Breaks in or termination of periods of detachment
1. The General Secretariat may authorise breaks in periods of detachment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 shall be paid only if the break is at the General Secretariat’s request.
2. Periods of detachment may be terminated if the interests of the General Secretariat or the expert’s employer so require or for any other sufficient cause.

Article 7
1. A national expert on detachment shall carry out his duties and conduct himself solely with the interests of the Council in mind.
2. A national expert on detachment shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.
3. A national expert on detachment who, in the performance of his duties, is called on to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.
4. A national expert on detachment shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not already made public. He shall continue to be bound by this obligation after his period of detachment has terminated.
5. A national expert on detachment shall not, whether alone or together with others, publish or cause to be published any matter dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.
6. A national expert on detachment shall be subject to the security rules in force at the General Secretariat.
7. All rights in any work done by a national expert on detachment in the performance of his duties shall be the property of the General Secretariat.
8. A national expert on detachment shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.
9. A national expert on detachment shall assist and tender advice to the superiors at the General Secretariat; he shall be responsible to them for performance of the tasks entrusted to him.

Article 8
Hours of work
1. A national expert on detachment shall be bound by the rules on hours of work in force at the General Secretariat.
2. However, a national expert on detachment shall not be authorised to work half-time.

Article 9
Leave and holidays
A national expert on detachment shall be subject to the rules on annual leave, special leave and holidays in force at the General Secretariat.

Article 10
Management and control
Management and control of leave and working time shall be the responsibility of the administration of the General Secretariat.

Article 11
Declaration of salary paid by the expert’s employer
1. The Office of the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation, shall notify the General Secretariat of the gross annual salary paid to each national expert on detachment.
2. This information shall appear in the Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation.
B. Allowances

Article 12
Subsistence allowance
1. A national expert on detachment shall be entitled, throughout the period of detachment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.
2. The allowance shall also be payable for periods of mission, annual leave, special leave and holidays granted by the General Secretariat.
3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.
4. An advance payment shall be made to a national expert on detachment, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day on which he takes up his duties to the last day of the second month following that in which he takes up his duties.
Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.
Where a national expert on detachment definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the expert which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.
5. The subsistence payment to the national expert on detachment may be revised taking into account consumer price trends in Brussels.

Article 13
Additional flat-rate allowance
Except where the place of recruitment of the national expert on detachment is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A 8 or step 1 of Grade B 5, depending on the category to which he is deemed to correspond.
C. Reimbursement of expenses

Article 14
Travel expenses
1. If a national expert on detachment has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled for himself each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 km. Where the journey exceeds 500 km or involves a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).
2. The rate applied shall be that in force at the General Secretariat’s travel office on 1 January of the current year. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.
3. If a national expert on detachment removes his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.
4. In accordance with the rules and conditions in force at the General Secretariat, a national expert on detachment shall be entitled to reimbursement of travel expenses:
(a) for himself:
– from his place of recruitment to his place of employment at the beginning of the period of detachment,
– from his place of employment to his place of recruitment at the end of the period of detachment;
(b) for his spouse and dependent children:
– from the place of recruitment to the place of employment when removal takes place,
– from the place of employment to the place of recruitment at the end of the period of detachment.
5. For the purpose of this Decision, the place of recruitment shall be the place where the national expert on detachment performed his duties with his original employer prior to his detachment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall specify these places.
6. The Exchange of Letters referred to in Article 18(2) may specify that travel expenses shall not be borne by the General Secretariat.

Article 15
Removal expenses
1. A national expert on detachment who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of detachment is at least one year and that the place of recruitment is at least 50 km from the place of employment.
2. A national expert on detachment shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.
3. Removal must take place within three months of the end of the period of detachment.
4. The Exchange of Letters referred to in Article 18(2) may specify that removal expenses shall not be borne by the General Secretariat.

Article 16
Missions and mission expenses
1. A national expert on detachment may be sent on mission in accordance with Article 3.
2. Mission expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of mission expenses for officials in force at the General Secretariat.

Article 17
Adjustment of emoluments
1. The emoluments to which a national expert on detachment is entitled shall not be revised during the period of detachment.
2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.

Article 18
Budgetary allocations and contracts
1. Expenditure arising from the detachment of national experts shall be charged to budget heading 1113 of the Council budget.
2. Detachment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical detailed arrangements for detachment under this Decision. Any letter extending, breaking or terminating the period of detachment shall also be sent by the Secretary-General/High Representative. A national expert on detachment shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his detachment to complete the relevant administrative formalities. He shall take up duty on the first of the month.

Article 19
Settlement of expenditure
Payments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.

Article 20
Expenditure on infrastructure
Expenditure on the provision of working facilities (offices, furniture, machines, etc.) for national experts on detachment shall be charged to administrative appropriations.

Article 21
This Decision shall take effect on the day of its adoption.

Article 22
This Decision shall be published in the Official Journal.
Done at Brussels, 22 December 2000.
For the Council
The President

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Whereas:(1) The conclusions of the Helsinki European Council in December 1999 encourage the implementation within the General Secretariat of the Council of the possibility of exchanges with national administrations.(2) It has been decided to introduce arrangements for the exchange of officials to ensure closer collaboration between the Council and national administrations or international organisations, by means of the detachment of officials of the General Secretariat to such administrations or organisations and by the detachment to the General Secretariat of national or international officials, thus allowing a reciprocal transfer of knowledge to be carried out.(3) The specific nature and volume of the work to be done justifies the detachment of several national experts and practitioners, to the General Secretariat of the Council for a limited period,HAS DECIDED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Definition1. These rules are applicable to national experts on detachment to the General Secretariat of the Council, hereinafter referred to as the “General Secretariat”, in the context of the arrangements for exchanges of officials of the General Secretariat with national administrations or international organisations.2. The persons covered by these rules shall remain in paid employment in an international or national administration throughout the period of detachment.3. Except where the Secretary-General/High Representative grants a derogation, national experts on detachment shall be nationals of a Member State of the European Union. However, such a derogation shall be excluded in the field of the European common security and defence policy.Article 2Period of detachment1. The period of detachment of national experts on detachment shall depend on the tasks assigned to them. The total period of detachment, including any renewal, may not exceed four years. They shall serve on a full-time basis throughout the period of detachment.2. The probable period of detachment shall be fixed at the outset in the Exchange of Letters referred to in Article 18(2) between the Secretary-General/High Representative and the Permanent Representative, or the employer in the case of an international organisation.3. No national expert may be detached to the General Secretariat more than once.Article 3Duties1. National experts on detachment shall assist General Secretariat officials and carry out the tasks entrusted to them in a predetermined work programme or job description.2. The duties carried out shall be defined by mutual agreement between the General Secretariat and the home administration in the interest of the departments and taking into account the candidate’s qualifications.3. Unless special instructions to the contrary are given, under the authority of the Secretary-General/High Representative, by the Director-General of the Directorate-General to which they are assigned, national experts on detachment shall not enter into any commitment on the General Secretariat’s behalf with third parties.4. National experts on detachment may work in any field where their services are deemed necessary provided there is no conflict with the interests of the European Union.Article 4Level, professional experience and knowledge of languages1. To qualify for detachment to the General Secretariat a national expert must have at least three years’ experience of advisory or supervisory duties in a grade equivalent to Categories A or B at the General Secretariat.2. A national expert on detachment must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another of these languages to the extent necessary for him to carry out the tasks entrusted to him.3. The Exchange of Letters referred to in Article 18(2) must stipulate the level of any security clearance of national experts on detachment.4. National experts on detachment must have a good knowledge of the use of information technology.Article 5Social security1. Before the period of detachment begins, the administration from which the official is to be detached shall certify to the General Secretariat that he will remain subject throughout the period of detachment to the social security legislation applicable to that administration which will assume responsibility for expenses incurred abroad.2. From the day he takes up duty a national expert on detachment shall be personally insured against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.3. A national expert on detachment who cannot be covered by a public sickness insurance scheme can apply to have this risk insured by the General Secretariat subject to his contributing half the relevant insurance premium. In such a case, his contribution shall be deducted monthly from the subsistence allowance referred to in Article 12.Article 6Breaks in or termination of periods of detachment1. The General Secretariat may authorise breaks in periods of detachment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 shall be paid only if the break is at the General Secretariat’s request.2. Periods of detachment may be terminated if the interests of the General Secretariat or the expert’s employer so require or for any other sufficient cause.CHAPTER IIRIGHTS AND OBLIGATIONS OF A NATIONAL EXPERT ON DETACHMENTArticle 71. A national expert on detachment shall carry out his duties and conduct himself solely with the interests of the Council in mind.2. A national expert on detachment shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.3. A national expert on detachment who, in the performance of his duties, is called on to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.4. A national expert on detachment shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not already made public. He shall continue to be bound by this obligation after his period of detachment has terminated.5. A national expert on detachment shall not, whether alone or together with others, publish or cause to be published any matter dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.6. A national expert on detachment shall be subject to the security rules in force at the General Secretariat.7. All rights in any work done by a national expert on detachment in the performance of his duties shall be the property of the General Secretariat.8. A national expert on detachment shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.9. A national expert on detachment shall assist and tender advice to the superiors at the General Secretariat; he shall be responsible to them for performance of the tasks entrusted to him.CHAPTER IIIWORKING CONDITIONS OF THE NATIONAL EXPERT ON DETACHMENTArticle 8Hours of work1. A national expert on detachment shall be bound by the rules on hours of work in force at the General Secretariat.2. However, a national expert on detachment shall not be authorised to work half-time.Article 9Leave and holidaysA national expert on detachment shall be subject to the rules on annual leave, special leave and holidays in force at the General Secretariat.Article 10Management and controlManagement and control of leave and working time shall be the responsibility of the administration of the General Secretariat.CHAPTER IVEMOLUMENTSA. RemunerationArticle 11Declaration of salary paid by the expert’s employer1. The Office of the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation, shall notify the General Secretariat of the gross annual salary paid to each national expert on detachment.2. This information shall appear in the Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation.B. AllowancesArticle 12Subsistence allowance1. A national expert on detachment shall be entitled, throughout the period of detachment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.2. The allowance shall also be payable for periods of mission, annual leave, special leave and holidays granted by the General Secretariat.3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.4. An advance payment shall be made to a national expert on detachment, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day on which he takes up his duties to the last day of the second month following that in which he takes up his duties.Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.Where a national expert on detachment definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the expert which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.5. The subsistence payment to the national expert on detachment may be revised taking into account consumer price trends in Brussels.Article 13Additional flat-rate allowanceExcept where the place of recruitment of the national expert on detachment is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A 8 or step 1 of Grade B 5, depending on the category to which he is deemed to correspond.C. Reimbursement of expensesArticle 14Travel expenses1. If a national expert on detachment has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled for himself each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 km. Where the journey exceeds 500 km or involves a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).2. The rate applied shall be that in force at the General Secretariat’s travel office on 1 January of the current year. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.3. If a national expert on detachment removes his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.4. In accordance with the rules and conditions in force at the General Secretariat, a national expert on detachment shall be entitled to reimbursement of travel expenses:(a) for himself:- from his place of recruitment to his place of employment at the beginning of the period of detachment,- from his place of employment to his place of recruitment at the end of the period of detachment;(b) for his spouse and dependent children:- from the place of recruitment to the place of employment when removal takes place,- from the place of employment to the place of recruitment at the end of the period of detachment.5. For the purpose of this Decision, the place of recruitment shall be the place where the national expert on detachment performed his duties with his original employer prior to his detachment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall specify these places.6. The Exchange of Letters referred to in Article 18(2) may specify that travel expenses shall not be borne by the General Secretariat.Article 15Removal expenses1. A national expert on detachment who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of detachment is at least one year and that the place of recruitment is at least 50 km from the place of employment.2. A national expert on detachment shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.3. Removal must take place within three months of the end of the period of detachment.4. The Exchange of Letters referred to in Article 18(2) may specify that removal expenses shall not be borne by the General Secretariat.Article 16Missions and mission expenses1. A national expert on detachment may be sent on mission in accordance with Article 3.2. Mission expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of mission expenses for officials in force at the General Secretariat.Article 17Adjustment of emoluments1. The emoluments to which a national expert on detachment is entitled shall not be revised during the period of detachment.2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.CHAPTER VADMINISTRATIVE AND BUDGETARY PROVISIONSArticle 18Budgetary allocations and contracts1. Expenditure arising from the detachment of national experts shall be charged to budget heading 1113 of the Council budget.2. Detachment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical detailed arrangements for detachment under this Decision. Any letter extending, breaking or terminating the period of detachment shall also be sent by the Secretary-General/High Representative. A national expert on detachment shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his detachment to complete the relevant administrative formalities. He shall take up duty on the first of the month.Article 19Settlement of expenditurePayments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.Article 20Expenditure on infrastructureExpenditure on the provision of working facilities (offices, furniture, machines, etc.) for national experts on detachment shall be charged to administrative appropriations.Article 21This Decision shall take effect on the day of its adoption.Article 22This Decision shall be published in the Official Journal.Done at Brussels, 22 December 2000.For the CouncilThe PresidentC. Pierret
1. These rules are applicable to national experts on detachment to the General Secretariat of the Council, hereinafter referred to as the “General Secretariat”, in the context of the arrangements for exchanges of officials of the General Secretariat with national administrations or international organisations.
2. The persons covered by these rules shall remain in paid employment in an international or national administration throughout the period of detachment.
3. Except where the Secretary-General/High Representative grants a derogation, national experts on detachment shall be nationals of a Member State of the European Union. However, such a derogation shall be excluded in the field of the European common security and defence policy.
Period of detachment
1. The period of detachment of national experts on detachment shall depend on the tasks assigned to them. The total period of detachment, including any renewal, may not exceed four years. They shall serve on a full-time basis throughout the period of detachment.
2. The probable period of detachment shall be fixed at the outset in the Exchange of Letters referred to in Article 18(2) between the Secretary-General/High Representative and the Permanent Representative, or the employer in the case of an international organisation.
3. No national expert may be detached to the General Secretariat more than once.
1. National experts on detachment shall assist General Secretariat officials and carry out the tasks entrusted to them in a predetermined work programme or job description.
2. The duties carried out shall be defined by mutual agreement between the General Secretariat and the home administration in the interest of the departments and taking into account the candidate’s qualifications.
3. Unless special instructions to the contrary are given, under the authority of the Secretary-General/High Representative, by the Director-General of the Directorate-General to which they are assigned, national experts on detachment shall not enter into any commitment on the General Secretariat’s behalf with third parties.
4. National experts on detachment may work in any field where their services are deemed necessary provided there is no conflict with the interests of the European Union.
Level, professional experience and knowledge of languages
1. To qualify for detachment to the General Secretariat a national expert must have at least three years’ experience of advisory or supervisory duties in a grade equivalent to Categories A or B at the General Secretariat.
2. A national expert on detachment must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another of these languages to the extent necessary for him to carry out the tasks entrusted to him.
3. The Exchange of Letters referred to in Article 18(2) must stipulate the level of any security clearance of national experts on detachment.
4. National experts on detachment must have a good knowledge of the use of information technology.
Social security
1. Before the period of detachment begins, the administration from which the official is to be detached shall certify to the General Secretariat that he will remain subject throughout the period of detachment to the social security legislation applicable to that administration which will assume responsibility for expenses incurred abroad.
2. From the day he takes up duty a national expert on detachment shall be personally insured against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.
3. A national expert on detachment who cannot be covered by a public sickness insurance scheme can apply to have this risk insured by the General Secretariat subject to his contributing half the relevant insurance premium. In such a case, his contribution shall be deducted monthly from the subsistence allowance referred to in Article 12.
Breaks in or termination of periods of detachment
1. The General Secretariat may authorise breaks in periods of detachment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 shall be paid only if the break is at the General Secretariat’s request.
2. Periods of detachment may be terminated if the interests of the General Secretariat or the expert’s employer so require or for any other sufficient cause.
1. A national expert on detachment shall carry out his duties and conduct himself solely with the interests of the Council in mind.
2. A national expert on detachment shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.
3. A national expert on detachment who, in the performance of his duties, is called on to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.
4. A national expert on detachment shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not already made public. He shall continue to be bound by this obligation after his period of detachment has terminated.
5. A national expert on detachment shall not, whether alone or together with others, publish or cause to be published any matter dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.
6. A national expert on detachment shall be subject to the security rules in force at the General Secretariat.
7. All rights in any work done by a national expert on detachment in the performance of his duties shall be the property of the General Secretariat.
8. A national expert on detachment shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.
9. A national expert on detachment shall assist and tender advice to the superiors at the General Secretariat; he shall be responsible to them for performance of the tasks entrusted to him.
Hours of work
1. A national expert on detachment shall be bound by the rules on hours of work in force at the General Secretariat.
2. However, a national expert on detachment shall not be authorised to work half-time.
Leave and holidays
A national expert on detachment shall be subject to the rules on annual leave, special leave and holidays in force at the General Secretariat.
Management and control
Management and control of leave and working time shall be the responsibility of the administration of the General Secretariat.
Declaration of salary paid by the expert’s employer
1. The Office of the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation, shall notify the General Secretariat of the gross annual salary paid to each national expert on detachment.
2. This information shall appear in the Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation.
B. Allowances
Subsistence allowance
1. A national expert on detachment shall be entitled, throughout the period of detachment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.
2. The allowance shall also be payable for periods of mission, annual leave, special leave and holidays granted by the General Secretariat.
3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.
4. An advance payment shall be made to a national expert on detachment, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day on which he takes up his duties to the last day of the second month following that in which he takes up his duties.
Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.
Where a national expert on detachment definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the expert which corresponds to the period not spent in the General Secretariat’s employment shall be recoverable.
5. The subsistence payment to the national expert on detachment may be revised taking into account consumer price trends in Brussels.
Additional flat-rate allowance
Except where the place of recruitment of the national expert on detachment is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A 8 or step 1 of Grade B 5, depending on the category to which he is deemed to correspond.
C. Reimbursement of expenses
Travel expenses
1. If a national expert on detachment has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled for himself each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 km. Where the journey exceeds 500 km or involves a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).
2. The rate applied shall be that in force at the General Secretariat’s travel office on 1 January of the current year. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.
3. If a national expert on detachment removes his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.
4. In accordance with the rules and conditions in force at the General Secretariat, a national expert on detachment shall be entitled to reimbursement of travel expenses:
(a) for himself:
– from his place of recruitment to his place of employment at the beginning of the period of detachment,
– from his place of employment to his place of recruitment at the end of the period of detachment;
(b) for his spouse and dependent children:
– from the place of recruitment to the place of employment when removal takes place,
– from the place of employment to the place of recruitment at the end of the period of detachment.
5. For the purpose of this Decision, the place of recruitment shall be the place where the national expert on detachment performed his duties with his original employer prior to his detachment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall specify these places.
6. The Exchange of Letters referred to in Article 18(2) may specify that travel expenses shall not be borne by the General Secretariat.
Removal expenses
1. A national expert on detachment who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of detachment is at least one year and that the place of recruitment is at least 50 km from the place of employment.
2. A national expert on detachment shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.
3. Removal must take place within three months of the end of the period of detachment.
4. The Exchange of Letters referred to in Article 18(2) may specify that removal expenses shall not be borne by the General Secretariat.
Missions and mission expenses
1. A national expert on detachment may be sent on mission in accordance with Article 3.
2. Mission expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of mission expenses for officials in force at the General Secretariat.
Adjustment of emoluments
1. The emoluments to which a national expert on detachment is entitled shall not be revised during the period of detachment.
2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.
Budgetary allocations and contracts
1. Expenditure arising from the detachment of national experts shall be charged to budget heading 1113 of the Council budget.
2. Detachment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical detailed arrangements for detachment under this Decision. Any letter extending, breaking or terminating the period of detachment shall also be sent by the Secretary-General/High Representative. A national expert on detachment shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his detachment to complete the relevant administrative formalities. He shall take up duty on the first of the month.
Settlement of expenditure
Payments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.
Expenditure on infrastructure
Expenditure on the provision of working facilities (offices, furniture, machines, etc.) for national experts on detachment shall be charged to administrative appropriations.
This Decision shall take effect on the day of its adoption.
This Decision shall be published in the Official Journal.
Done at Brussels, 22 December 2000.
For the Council
The President

Pending: 32000D1445

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,Having regard to the proposal from the Commission(1),Acting in accordance with the procedure referred to in Article 251 of the Treaty(2),Whereas:(1) Council Decision 94/753/EC of 14 November 1994 on the continued application of remote sensing to agricultural statistics during the period 1994 to 1998(3) lapsed on 31 December 1998.(2) There is an especially felt need for information on land use and on the condition of crops in the context of new developments in the common agricultural policy and with a view to enlargement, in particular for the analysis of interactions between agriculture, the environment and the countryside.(3) The detailed rules for implementing the measures contained in Decision 94/753/EC should be adjusted and reorganised in the light of the experience gained and the results achieved.(4) In cooperation with the Member States concerned, an aerial-survey system should be introduced to collect the necessary data on land use and other variables of interest.(5) Since the agrometeorological system for forecasting yields and the monitoring of crop condition are now at the operational stage, they should be separated from those measures requiring further research.(6) The remote-sensing activities requiring further research and development in the period 1999 to 2003 are covered by the fifth framework programme in the field of research and development(4).(7) Provision should already be made for incorporating into the operational activities covered by this Decision, where appropriate, the developments in methodology that may result from that research.(8) It is also appropriate to provide that the Commission should be able to delegate the implementation of these measures, under its supervision, to Community or national bodies responsible for the production of agricultural statistics or to bodies recognised by them.(9) The statistical measures employing aerial-survey and remote-sensing techniques comply with the principle of subsidiarity, to the extent that the Member States and the Commission share the responsibility for, and implementation of, the various measures in accordance with criteria of efficiency and feasibility.(10) These measures contribute to improving the Community’s statistical tools for framing, managing and monitoring the common agricultural policy.(11) This Decision lays down, for the entire duration of the programme, a financial framework constituting the principal point of reference, within the meaning of point 1, second subparagraph, of the Declaration by the European Parliament, the Council and Commission of 6 March 1995(5), for the budgetary authority during the annual budgetary procedure.(12) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6),HAVE DECIDED AS FOLLOWS:Article 11. Over a five-year period starting on 1 January 1999, an aerial-survey project shall be implemented at Community level in agricultural statistics. The use of remote-sensing shall also be continued, in particular with the agrometeorological system being made operational.2. Taking into account data already collected by the Member States, the measures referred to in paragraph 1 shall be designed, at Community level and if possible in areas of interest to the Community, more specifically to:- collect data needed to implement and monitor the common agricultural policy and analyse interactions between agriculture, the environment and the countryside,- provide estimates of the areas under the principal crops,- ensure that the condition of crops is monitored until harvesting, so as to enable early estimates of yields and production to be made.3. After a three-year period starting on 1 January 1999, it shall be decided, in the light of experience and under the procedure laid down in Article 5(2), whether to continue with the measures, amend them for the remaining two years or terminate them.Article 2The Commission shall ensure that these measures are implemented within available funding limits.National bodies responsible for the production of agricultural statistics or bodies recognised by them may be involved on a voluntary basis in the implementation of these measures.In accordance with the procedure laid down in Article 5(2), the Commission shall report annually to the Member States on the implementing arrangements, the methods used, the utilisation of appropriations, the evaluation of the results and the work programme for the following year.Article 3The financial framework for the implementation of this programme for the period 1999 to 2003 is hereby set at EUR 12,5 million.The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 4The measures necessary for the implementation of this Decision shall be adopted in accordance with the management procedure referred to in Article 5(2).Article 51. The Commission shall be assisted by the Standing Committee for Agricultural Statistics.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.Article 6By 31 July 2003 at the latest, the Commission shall present a report to the European Parliament and the Council on the implementation of these measures and on the use of the resources made available, accompanied, where appropriate, by any proposals on how aerial-survey and remote-sensing techniques may continue to be used for agricultural statistics.Article 7This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.It shall apply from 1 January 1999 to 31 December 2003.Done at Brussels, 22 May 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Gama(1) OJ C 396, 19.12.1998, p. 25.(2) Opinion of the European Parliament of 13 January 1999 (OJ C 104, 14.4.1999, p. 43), confirmed on 16 September 1999, Council Common Position of 24 January 2000 (OJ C 83, 22.3.2000, p. 80) and Decision of the European Parliament of 12 April 2000.(3) OJ L 299, 22.11.1994, p. 27.(4) OJ L 26, 1.2.1999, p. 1.(5) OJ C 102, 4.4.1996, p. 4.(6) OJ L 184, 17.7.1999, p. 23.

Article 1
1. Over a five-year period starting on 1 January 1999, an aerial-survey project shall be implemented at Community level in agricultural statistics. The use of remote-sensing shall also be continued, in particular with the agrometeorological system being made operational.
2. Taking into account data already collected by the Member States, the measures referred to in paragraph 1 shall be designed, at Community level and if possible in areas of interest to the Community, more specifically to:
– collect data needed to implement and monitor the common agricultural policy and analyse interactions between agriculture, the environment and the countryside,
– provide estimates of the areas under the principal crops,
– ensure that the condition of crops is monitored until harvesting, so as to enable early estimates of yields and production to be made.
3. After a three-year period starting on 1 January 1999, it shall be decided, in the light of experience and under the procedure laid down in Article 5(2), whether to continue with the measures, amend them for the remaining two years or terminate them.

Article 2
The Commission shall ensure that these measures are implemented within available funding limits.
National bodies responsible for the production of agricultural statistics or bodies recognised by them may be involved on a voluntary basis in the implementation of these measures.
In accordance with the procedure laid down in Article 5(2), the Commission shall report annually to the Member States on the implementing arrangements, the methods used, the utilisation of appropriations, the evaluation of the results and the work programme for the following year.

Article 3
The financial framework for the implementation of this programme for the period 1999 to 2003 is hereby set at EUR 12,5 million.
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 4
The measures necessary for the implementation of this Decision shall be adopted in accordance with the management procedure referred to in Article 5(2).

Article 5
1. The Commission shall be assisted by the Standing Committee for Agricultural Statistics.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

Article 6
By 31 July 2003 at the latest, the Commission shall present a report to the European Parliament and the Council on the implementation of these measures and on the use of the resources made available, accompanied, where appropriate, by any proposals on how aerial-survey and remote-sensing techniques may continue to be used for agricultural statistics.

Article 7
This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1999 to 31 December 2003.
Done at Brussels, 22 May 2000.
For the European Parliament
The President
N. Fontaine
For the Council
(1) OJ C 396, 19.12.1998, p. 25.
(2) Opinion of the European Parliament of 13 January 1999 (OJ C 104, 14.4.1999, p. 43), confirmed on 16 September 1999, Council Common Position of 24 January 2000 (OJ C 83, 22.3.2000, p. 80) and Decision of the European Parliament of 12 April 2000.
(3) OJ L 299, 22.11.1994, p. 27.
(4) OJ L 26, 1.2.1999, p. 1.
(5) OJ C 102, 4.4.1996, p. 4.
(6) OJ L 184, 17.7.1999, p. 23.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,Having regard to the proposal from the Commission(1),Acting in accordance with the procedure referred to in Article 251 of the Treaty(2),Whereas:(1) Council Decision 94/753/EC of 14 November 1994 on the continued application of remote sensing to agricultural statistics during the period 1994 to 1998(3) lapsed on 31 December 1998.(2) There is an especially felt need for information on land use and on the condition of crops in the context of new developments in the common agricultural policy and with a view to enlargement, in particular for the analysis of interactions between agriculture, the environment and the countryside.(3) The detailed rules for implementing the measures contained in Decision 94/753/EC should be adjusted and reorganised in the light of the experience gained and the results achieved.(4) In cooperation with the Member States concerned, an aerial-survey system should be introduced to collect the necessary data on land use and other variables of interest.(5) Since the agrometeorological system for forecasting yields and the monitoring of crop condition are now at the operational stage, they should be separated from those measures requiring further research.(6) The remote-sensing activities requiring further research and development in the period 1999 to 2003 are covered by the fifth framework programme in the field of research and development(4).(7) Provision should already be made for incorporating into the operational activities covered by this Decision, where appropriate, the developments in methodology that may result from that research.(8) It is also appropriate to provide that the Commission should be able to delegate the implementation of these measures, under its supervision, to Community or national bodies responsible for the production of agricultural statistics or to bodies recognised by them.(9) The statistical measures employing aerial-survey and remote-sensing techniques comply with the principle of subsidiarity, to the extent that the Member States and the Commission share the responsibility for, and implementation of, the various measures in accordance with criteria of efficiency and feasibility.(10) These measures contribute to improving the Community’s statistical tools for framing, managing and monitoring the common agricultural policy.(11) This Decision lays down, for the entire duration of the programme, a financial framework constituting the principal point of reference, within the meaning of point 1, second subparagraph, of the Declaration by the European Parliament, the Council and Commission of 6 March 1995(5), for the budgetary authority during the annual budgetary procedure.(12) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6),HAVE DECIDED AS FOLLOWS:Article 11. Over a five-year period starting on 1 January 1999, an aerial-survey project shall be implemented at Community level in agricultural statistics. The use of remote-sensing shall also be continued, in particular with the agrometeorological system being made operational.2. Taking into account data already collected by the Member States, the measures referred to in paragraph 1 shall be designed, at Community level and if possible in areas of interest to the Community, more specifically to:- collect data needed to implement and monitor the common agricultural policy and analyse interactions between agriculture, the environment and the countryside,- provide estimates of the areas under the principal crops,- ensure that the condition of crops is monitored until harvesting, so as to enable early estimates of yields and production to be made.3. After a three-year period starting on 1 January 1999, it shall be decided, in the light of experience and under the procedure laid down in Article 5(2), whether to continue with the measures, amend them for the remaining two years or terminate them.Article 2The Commission shall ensure that these measures are implemented within available funding limits.National bodies responsible for the production of agricultural statistics or bodies recognised by them may be involved on a voluntary basis in the implementation of these measures.In accordance with the procedure laid down in Article 5(2), the Commission shall report annually to the Member States on the implementing arrangements, the methods used, the utilisation of appropriations, the evaluation of the results and the work programme for the following year.Article 3The financial framework for the implementation of this programme for the period 1999 to 2003 is hereby set at EUR 12,5 million.The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 4The measures necessary for the implementation of this Decision shall be adopted in accordance with the management procedure referred to in Article 5(2).Article 51. The Commission shall be assisted by the Standing Committee for Agricultural Statistics.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.Article 6By 31 July 2003 at the latest, the Commission shall present a report to the European Parliament and the Council on the implementation of these measures and on the use of the resources made available, accompanied, where appropriate, by any proposals on how aerial-survey and remote-sensing techniques may continue to be used for agricultural statistics.Article 7This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.It shall apply from 1 January 1999 to 31 December 2003.Done at Brussels, 22 May 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Gama(1) OJ C 396, 19.12.1998, p. 25.(2) Opinion of the European Parliament of 13 January 1999 (OJ C 104, 14.4.1999, p. 43), confirmed on 16 September 1999, Council Common Position of 24 January 2000 (OJ C 83, 22.3.2000, p. 80) and Decision of the European Parliament of 12 April 2000.(3) OJ L 299, 22.11.1994, p. 27.(4) OJ L 26, 1.2.1999, p. 1.(5) OJ C 102, 4.4.1996, p. 4.(6) OJ L 184, 17.7.1999, p. 23.
1. Over a five-year period starting on 1 January 1999, an aerial-survey project shall be implemented at Community level in agricultural statistics. The use of remote-sensing shall also be continued, in particular with the agrometeorological system being made operational.
2. Taking into account data already collected by the Member States, the measures referred to in paragraph 1 shall be designed, at Community level and if possible in areas of interest to the Community, more specifically to:
– collect data needed to implement and monitor the common agricultural policy and analyse interactions between agriculture, the environment and the countryside,
– provide estimates of the areas under the principal crops,
– ensure that the condition of crops is monitored until harvesting, so as to enable early estimates of yields and production to be made.
3. After a three-year period starting on 1 January 1999, it shall be decided, in the light of experience and under the procedure laid down in Article 5(2), whether to continue with the measures, amend them for the remaining two years or terminate them.
The Commission shall ensure that these measures are implemented within available funding limits.
National bodies responsible for the production of agricultural statistics or bodies recognised by them may be involved on a voluntary basis in the implementation of these measures.
In accordance with the procedure laid down in Article 5(2), the Commission shall report annually to the Member States on the implementing arrangements, the methods used, the utilisation of appropriations, the evaluation of the results and the work programme for the following year.
The financial framework for the implementation of this programme for the period 1999 to 2003 is hereby set at EUR 12,5 million.
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
The measures necessary for the implementation of this Decision shall be adopted in accordance with the management procedure referred to in Article 5(2).
1. The Commission shall be assisted by the Standing Committee for Agricultural Statistics.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
By 31 July 2003 at the latest, the Commission shall present a report to the European Parliament and the Council on the implementation of these measures and on the use of the resources made available, accompanied, where appropriate, by any proposals on how aerial-survey and remote-sensing techniques may continue to be used for agricultural statistics.
This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1999 to 31 December 2003.
Done at Brussels, 22 May 2000.
For the European Parliament
The President
N. Fontaine
For the Council
(1) OJ C 396, 19.12.1998, p. 25.
(2) Opinion of the European Parliament of 13 January 1999 (OJ C 104, 14.4.1999, p. 43), confirmed on 16 September 1999, Council Common Position of 24 January 2000 (OJ C 83, 22.3.2000, p. 80) and Decision of the European Parliament of 12 April 2000.
(3) OJ L 299, 22.11.1994, p. 27.
(4) OJ L 26, 1.2.1999, p. 1.
(5) OJ C 102, 4.4.1996, p. 4.
(6) OJ L 184, 17.7.1999, p. 23.