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Opinion Number: CDR 5295/2013
Rapporteur: PANASIUK Ewa
Commission: NAT
Status: Adopted
Date: 29/11/2013
 
THE COMMITTEE OF THE REGIONS



- welcomes the fact that the Commission acknowledges the need to strengthen the instruments available to the competent authorities in the Member States for the purposes of verifying compliance with EU legislation;

- notes that the proposal gives the Commission the power to adopt delegated acts in practically all regulatory areas; rejects, in particular, the reasons given in Articles 15 to 25 and Articles 110, 132 and 133 of the proposal for authorising the adoption of delegated acts concerning specific rules for the performance of official controls; It is imperative that any rules with significant repercussions for countries' supervisory activities and budgets be explicitly included in the Regulation;

- points out that the numerous powers to adopt delegated acts reduce the possibility for the Member States to participate and regions are therefore unable to anticipate whether additional staffing and financial costs will be entailed;

- notes that the requirement to produce a report on every official control performed, and to make it available to the operator, significantly increases the burden on the competent authorities. This is unacceptable in view of the administrative burden and the resulting by no means negligible possibility of recourse to legal protection;

- in principle shares the Commission's view that the interests of small enterprises should be taken into account when calculating fees. However, the general exemption is at odds with the principles of Article 76 which are designed to ensure adequate provision of staff and financial resources. It is proposed that a provision corresponding to Article 27 (6) of Regulation (EC) No 882/2004 be included in the new cost arrangements so that the Member States can themselves determine the form and the scope of the exemptions;

- draws attention to the need to ensure an effective (appropriate) level of protection for the data and information within the systems created for implementing the rules on redundancy and unauthorised access whilst at the same time taking into account the needs and obligation of the competent authorities to notify the public about significant events in the agri-food chain.
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