Procedure : 2006/0288(COD)
Document stages in plenary
Document selected : A6-0344/2007

Texts tabled :

A6-0344/2007

Debates :

Votes :

PV 14/11/2007 - 3.15

Texts adopted :

P6_TA(2007)0521

REPORT     ***I
PDF 153kWORD 102k
25 September 2007
PE 388.626v02-00 A6-0344/2007

on the proposal for a directive of the European Parliament and of the Council amending Directive 98/8/EC concerning the placing of biocidal products on the market, as regards the implementing powers conferred to the Commission

(COM(2006)0923 – C6-0007/2007 – 2006/0288(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Åsa Westlund

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Directive 98/8/EC concerning the placing of biocidal products on the market, as regards the implementing powers conferred to the Commission

(COM(2006)0923 – C6-0007/2007 – 2006/0288(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0923)(1),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0007/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0344/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission  Amendments by Parliament

Amendment 1

Recital 4

(4) In particular power should be conferred on the Commission to amend the Annexes and to adopt the review programme. Since such measures are of general scope and are designed to amend non-essential elements of this Directive and to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(4) In particular power should be conferred on the Commission to adopt common conditions on research and development, to amend the Annexes and to adopt the review programme. Since such measures are of general scope and are designed to amend non-essential elements of this Directive and to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Justification

Amendment corresponding to amendment 2 by the rapporteur to add the modification of the relevant recital.

Amendment 2

ARTICLE 1, POINT 1 (B)

Article 10, paragraph 5, point (ii) (5) (Directive 98/8/EC)

5. the complete data dossiers of the evaluation serving or having served for entry in Annex I, IA or IB shall be put at the disposal of the Committee referred to in Article 28(4).

5. the complete data dossiers of the evaluation serving or having served for entry in Annex I, IA or IB shall be put at the disposal of the Committee referred to in Article 28(1).

Justification

The Standing Committee is established according to Article 28(1). The reference in Article 10(5)(ii)(5) should therefore be adapted.

Amendment 3

ARTICLE 1, POINT 3 A (new)

Article 17, paragraph 5 (Directive 98/8/EC)

 

(3a) In Article 17, paragraph 5 is replaced by the following:

 

"5. Common conditions for the application of this Article, in particular the maximum quantities of active substances or biocidal products that may be released during experiments, and the minimum data to be submitted in accordance with paragraph 2, shall be adopted in accordance with the regulatory procedure with scrutiny laid down in Article 28(4)."

Justification

The current comitology procedure regarding decisions on, particularly, release of active substances or biocidal products in the area of research and development should be changed into a regulatory procedure with scrutiny.

Amendment 4

ARTICLE 1, POINT 5 (- A) (new)

Article 28, paragraph 2 (Directive 98/8/EC)

 

(-a) Paragraph 2 is replaced by the following:

 

"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."

Justification

Wording in paragraph 2 should be adapted and include the usual reference to the Comitology Decision (management procedure).

Amendment 5

ARTICLE 1, POINT 5 (A)

Article 28, paragraph 3 (Directive 98/8/EC)

3. For matters referred to the Standing Committee by virtue of Article 32, Articles 5 and 7 of Decision 1999/468/EC shall apply having regard to the provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Justification

Wording in paragraph 3 should be adapted and include the usual reference to the Comitology Decision (regulatory procedure).

Amendment 6

ARTICLE 1, POINT 5 (B)

Article 28, paragraph 4 (new) (Directive 98/8/EC)

4. For matters referred to the Standing Committee by virtue of Article 10, Article 11(4),Article16(2), and Article 27(1)(a) and (2), of this Directive, Article 5a(1) to (4) and (5)(b), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4. Where reference is made to this paragraph, Article 5a (1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time-limit laid down in Article 5a(3)(c), of Decision 1999/468/EC with regard to Article 11(4), Article 16(2) second subparagraph and Article 27(1)(a) and (2) of this Directive shall be set at one month.

 

Justification

Wording in paragraph 4 should be adapted and include the usual references to the Comitology Decision (regulatory procedure with scrutiny). However, curtailing of time limits within the standard regulatory procedure is inappropriate. The second subparagraph should therefore be deleted.

Amendment 7

ARTICLE 1, POINT 5 A (new)

Article 29 (Directive 98/8/EC)

 

(5a) Article 29 is replaced by the following:

 

"Article 29

 

Adaptation to technical progress

 

The amendments necessary for adapting Annexes IIA, IIB, IIIA, IIIB, IVA and IVB as well as the descriptions of the product-types in Annex V to technical progress, and for specifying data requirements for each of these product types, shall be adopted in accordance with the procedure laid down in Article 28 (4)."

Justification

The application of the Comitology procedure leads to changes of the Annexes of the Directive. The regulatory procedure with scrutiny should therefore be introduced.

(1)

OJ C ... / Not yet published in OJ.


EXPLANATORY STATEMENT

The adjustment of Directive 98/8/EC concerning the placing of biocidal products on the market to the revised Comitology Decision 1999/468/EEC must take fully into account the newly introduced regulatory procedure with scrutiny. This procedure should provide for the adoption of measures of general scope designed to amend non-essential elements of the basic act, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

The references to the regulatory procedure with scrutiny should be clear and not entail any curtailing of time limits compared to the standard time limits of the regulatory procedure with scrutiny.


PROCEDURE

Title

Placing of biocidal products on the market (implementing powers conferred on the Commission

References

COM(2006)0923 - C6-0007/2007 - 2006/0288(COD)

Date submitted to Parliament

22.12.2006

Committee responsible

       Date announced in plenary

ENVI

17.1.2007

Rapporteur(s)

       Date appointed

Åsa Westlund

3.4.2007

 

 

Date adopted

12.9.2007

 

 

 

Result of final vote

+:

–:

0:

26

0

0

Members present for the final vote

Adamos Adamou, Georgs Andrejevs, Margrete Auken, Liam Aylward, Johannes Blokland, John Bowis, Frieda Brepoels, Dorette Corbey, Satu Hassi, Gyula Hegyi, Jens Holm, Eija-Riitta Korhola, Marios Matsakis, Linda McAvan, Miroslav Ouzký, Vittorio Prodi, Guido Sacconi, Daciana Octavia Sârbu, Karin Scheele, Bogusław Sonik, Antonios Trakatellis, Thomas Ulmer, Marcello Vernola, Glenis Willmott

Substitute(s) present for the final vote

Kartika Tamara Liotard, Robert Sturdy

Last updated: 11 October 2007Legal notice