Decree No. 2021/089 of February 12, 2021 transforming the National Veterinary Laboratory into a public company.

On February 12, 2021, the President of the Republic signed  Decree No. 2021/089 of 12 February 2021 transforming the National Veterinary Laboratory into a public company (the "decree"). Inaccording with the provisions of Article 17 of the Decree, it repeals all the previous contrary provisions of the decret No. 90/1460 of 08 November 1990 reorganizing the National Veterinary Laboratory (the "Laboratory"). To this end, it institutes many innovations both in the organization of the Laboratory and in its operation.

Ø  The change in the nature of the Laboratory.

In accordance with Article 1 (1) of the Decree, the Laboratory is a publicly-capital company.

Ø  The institution of new rules relating to the headquarters of the Laboratory.

Itis clear from the provisions of Article 1 (3) and (4) of the decree that the headquarters of the Laboratory is set in Garoua. However, the Laboratory may have  annexes, branches, agencies, offices or representations in Cameroon or abroad by a resolution of the Board of Directors.

Ø   The establishment of new rules relating to the shareholding of the Laboratory.

In accordance with article 2 of the decree, the Laboratory has as its sole shareholder the State of Cameroon. However, the Laboratory's shareholding may be open to other public or private entitiesunder the terms and conditions set out in thestatutes.

Ø  The purpose of the laboratory's technical and financial tutelage is precised.

-       The object of technical guardianship.

It is clear from the provisions of article 4 (2) of the decree that the purpose of technical guardianship is:

ü  To ensure compliancewith existing laws and regulations and sectoral policy guidelines ;

ü  To compete in liaison with the Board of Directors and the financial guardianship in the monitoring of the Laboratory's performance.

-       Thepurpose of financial guardianship.

In accordance with the provisions of Article 4 (3) of the Decree, financial guardianship is aimed at:

ü  Ensure the regularity of the Board of Directors' resolutions with financial impact, the sustainability of financial commitments and the overall consistency of the Laboratory's performance plans with sectoral programmes;

ü  To compete in liaison with the Board of Directors and the technical guardianship in the monitoring of the Laboratory's performance.

Ø  Theextension of the Laboratory'smissions.

In accordance with Article 3 of the decree, the Laboratory  carries out the following tasks:

-       Analysis of animal health and production samples;

-       The production and marketing of biologics and veterinary medicines;

-       Training and retraining of managers and technicians in his areas of expertise;

-       The execution of all public service operations or missions related to the object to its purpose and directly or indirectly related to animal health and production.

Ø  The consecration of new managementbodies.

According to article 10 of the decree, the management of the Laboratory is carried out by the following three (03) bodies:

-       A general meeting;

-       A board of directors;

-       A general direction.

Ø  The expansion of the agency's staff.

The provisions of article 7 of the Decree indicate that the following staff may be part of the Laboratory's staff:

-       Staff recruited directly from the Laboratory;

-       The civil servants on secondment, the agents of the State relavant do Code of Labour made available to the Laboratory; 

The casual, seasonal, temporary staff cited in the Laboratory's statutes.

Ø  The institution of the new rules is devoted to the resources of the Laboratory.

In accordance with article 10 of the Decree, the  Laboratory's heritage  consists of the following assets:

-       Its share capital ;

-       Proceeds from its services, its own activities, possible divestitures and leases ;

-       Borrowings, participations and investments ;

-       Various contributions ;

-       Resources from cooperation, donations and legacies;

Ø  The institution of a new accounting regime.

It is clear from the reading of article 11 of the Decree that the Laboratory's Accounting Plan is the one provided for by the OHADA Uniform Act relating to commercial corporation law and economic interest grouping. 

Ø  The heritage of the Laboratory.

In accordance with Article 12 of the Decree, the Laboratory's heritage consists of the following assets:

-       Furniture and buildings affected by the State or acquired by the Laboratory;

-       The assets of the private domain of the State transferred to the Laboratory.

The management of the Laboratory's assets is the responsibility of the Director-General.