Procedure : 2007/0037A(COD)
Document stages in plenary
Document selected : A6-0513/2007

Texts tabled :

A6-0513/2007

Debates :

PV 14/01/2008 - 16
CRE 14/01/2008 - 16

Votes :

PV 15/01/2008 - 8.3
CRE 15/01/2008 - 8.3
Explanations of votes

Texts adopted :

P6_TA(2008)0003

REPORT     ***I
PDF 180kWORD 155k
20 December 2007
PE 394.074v02-00 A6-0513/2007

on the proposal for a regulation of the European Parliament and of the Council amending Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community and Regulation (EC) No 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs - Transport aspects

(COM(2007)0090 – C6-0086/2007 – 2007/0037A(COD))

Committee on Transport and Tourism

Rapporteur: Paolo Costa

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 Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community and Regulation (EC) No 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs - Transport aspects (COM(2007)0090 – C6-0086/2007 – 2007/0037A(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0090),

–   having regard to Article 251(2) and Articles 75(3), 95 and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0086/2007),

–   having regard to the decision by the Conference of Presidents on 5 July 2007 to authorise the Committee on the Environment, Public Health and Food Safety and the Committe on Transport and Tourism to draw up one legislative report each on the basis of the Commission proposal COM(2007)0090,

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0513/2007),

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

TITLE

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community and Regulation (EC) No 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs.

amending Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community.

Justification

This amendment follows from the Decision of the Conference of Presidents of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090. Since the Commission's proposal contains provisions for two distinct legislative acts with different nature, i.e. Transport (EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), the deletion concerns references and aspects related to the hygiene of foodstuffs.

Amendment 2

CITATION 1

Having regard to the Treaty establishing the European Community, and in particular Article 75(3), Article 95 and Article 152(4)(b) thereof,

Having regard to the Treaty establishing the European Community, and in particular Article 75(3) thereof,

Justification

This amendment follows from the Decision of the Conference of Presidents of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090. Since the Commission's proposal contains provisions for two distinct legislative acts with different nature, i.e. Transport (EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), the deletion concerns references and aspects related to the hygiene of foodstuffs.

Amendment 3

CITATION 5

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

deleted

Justification

This amendment follows from the Decision of the CoP of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal. As the legal base of the Transport proposal on Regulation 11 is Article 75(3), the amendment aims at keeping the letter of this Article, i.e. "The Council shall, acting by qualified majority on a proposal from the Commission and after consulting the Economic and Social Committee, lay dawn rules for implementing the provisions of paragraph 1". This will enable the separation of the two distinct legislative acts.

Amendment 4

RECITAL 3

(3) Article 5(1) of Regulation (EC) No 852/2004 requires that all food business operators put in place, implement and maintain a procedure based on the Hazard Analysis Critical Control Point (HACCP) principles.

deleted

Justification

This amendment follows from the Decision of the Conference of Presidents of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090. Since the Commission's proposal contains provisions for two distinct legislative acts with different nature, i.e. Transport (EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), the deletion concerns references and aspects related to the hygiene of foodstuff.

Amendment 5

RECITAL 4

(4) Experience has shown that in certain food businesses, food hygiene can be ensured by the correct implementation of the food hygiene requirements laid down in Regulation (EC) No 852/2004 without having recourse to the HACCP system. The businesses concerned are in particular small businesses predominantly selling their products directly to the final consumer, such as bakeries, butchers, grocery shops, market stalls, restaurants, and bars, which are micro-enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.

deleted

Justification

This amendment follows from the Decision of the Conference of Presidents of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090. Since the Commission's proposal contains provisions for two distince legislative acts with different nature, i.e. Transport (EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), the deletion concerns references and aspects related to the hygiene of foodstuffs.

Amendment 6

RECITAL 5

(5) It is appropriate therefore to provide an exemption to those businesses from the requirement of Article 5(1) of Regulation (EC) No 852/2004, it being understood that they must comply with all the other requirements of that Regulation.

deleted

Justification

This amendment follows from the Decision of the Conference of Presidents of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090. Since the Commission's proposal contains provisions for two distinct legislative acts with different nature, i.e. Transport (EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), the deletion concerns references and aspects related to the hygiene of foodstuffs.

Amendment 7

RECITAL 6

(6) As the amendment of Regulation (EC) No 852/2004 and that of Regulation No 11 have the common aim of reducing administrative burdens on businesses, without changing the underlying purpose of those Regulations, it is appropriate to combine these amendments in a single Regulation

deleted

Justification

This amendment follows from the Decision of the Conference of Presidents of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090. Since the Commission's proposal contains provisions for two distinct legislative acts with different nature, i.e. Transport EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), the deletion concerns references and aspects related to the hygiene of foodstuffs.

Amendment 8

ARTICLE 2

Article 5(3) (Regulation (EC) No 852/2004)

Article 2

deleted

In Article 5(3) of Regulation (EC) No 852/2004, the following sentence is added:

 

"Without prejudice to the other requirements of this Regulation, paragraph 1 shall not apply to businesses which are micro-enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 and the activities of which consist predominantly in the direct sale of food to the final consumer."

 

Justification

This amendment follows from the Decision of the Conference of Presidents of 5 July 2007 to authorise the ENVI and TRAN committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090. Since the Commission's proposal contains provisions for two distinct legislative acts with different nature, i.e. Transport (EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), the deletion concerns references and aspects related to the hygiene of foodstuffs.


EXPLANATORY STATEMENT

Background and procedural comments

On 6 March the Commission submitted to the Parliament a proposal which includes provisions amending two existing, but distinct, community legislative acts, i.e. one regarding the Regulation No 11 dated from 1960 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community, and the other regarding the Regulation (EC) No 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs(1).

On the basis of the requests initiated by the Committee on Environment, Public Health and Food Safety (ENVI) and the Committee on Transport and Tourism (TRAN) for splitting the proposal into two parts, the Conference of Presidents of 5 July 2007 decided "to authorise the ENVI and TRAN Committees to draw up one legislative report each on the basis of Commission proposal COM(2007)0090".

Content of the proposal: Transport aspects

Under the Strategic Review of Better regulation in the EU(2) and the Action Programme for Reducing Administrative Burdens in the EU(3) the Commission identified the transport part of the proposal in a series of items - the so-called "fast track action" - where significant benefits could be generated in short term through relatively minor changes of the existing legislation. The action programme aims at the reduction of the administrative burdens on business by 25% by 2012 as part of the shared responsibility and the common endeavour by the Member States and the European institutions for the "Growth and Jobs" strategy. The European Council endorsed this approach (May 2007) and called the Council and the European Parliament to give special priority to the items of fast track action, with a view to their adoption as soon as possible in 2007.

Regulation 11 concerning the abolition of discrimination in transport rates and conditions requires from transporters of goods by rail, road or inland waterway within the Community to provide information on tariffs, agreements, price deals and transport conditions on a transport document that they need to carry with them when transporting the goods. All discriminations by carriers which take the form of charging different rates and imposing different conditions for carrying the same goods over the same transport links on grounds of the country of origin or of destination of the goods in question are prohibited (Art. 4).

It is evident that certain obsolete or outdated provisions of the Regulation 11 dated from 1960 and amended by the regulation (EEC) No 3626/84 should be amended.

In particular, the proposal deletes obsolete elements of the documentation required for each consignment of goods related to the "route to be taken" or the "distance to be travelled" and the "frontier crossing points" when transporting goods across national borders within the EU (Art. 6 (1), fifth and sixth indent). These two requirements out of the several stipulated in Article 6 shall be no longer indispensable to attain the objectives of the Regulation and in a sector which is characterised by high degree of liberalisation.

Moreover, the obligation for the carrier to retain a copy on his premises, showing in addition "the full and final transport charges and any other charges and any rebates or other factors affecting the transport rates and conditions" (third sentence of Art. 6 (2)), is no longer necessary as nowadays, this information is available in the carriers' accounting systems.

Further, it is proposed to remove the outdated obligation for Member States' governments and transport undertakings to notify to Commission information on transport tariffs, rates and conditions before 1 July 1961 (Art. 5).

Finally, along with those deletions on requirements leading to unnecessary burden on businesses, the Commission proposes an explicit reference for the use of "the consignment notes or to any other transport document" giving all the details required by the regulation in order to avoid for carriers to keep separate forms and duplicate their work. These consignments notes are already required under the UN Convention on the Contract for the International Carriage of Goods by Road (Geneva, 1956) to which Member Sates are contracting parties(4). The proposed modification increases the legal certainty for transport undertakings regarding the substitution document concerning information required.

According to the Commission's impact assessment, the measure will affect more than 300.000 businesses (100 rail operators, 7.000 inland waterway operators and 300.000 road freight carriers). The expected benefit of the cut of the administrative burden is estimated to be approximately EUR 160 million annually.

The Rapporteur's proposals

As the Commission's proposal contains provisions on two legislative acts with different nature, i.e. Transport (EEC Regulation No 11) and Hygiene of foodstuffs (EC Regulation No 852/2004), your Rapporteur proposes to produce a separated act dealing with the Regulation 11. Based on the decision of the Conference of Presidents, the Committee on Transport and Tourism should seek the division of the two legislative proposals in order proceed to the adoption of the proposal on Regulation 11 without amending the regulation on hygiene of foodstuffs.

On the issue of the legal basis of this proposal, it should be noted that while the transport aspects are proposed under Article 75(3), where no consultation of the Parliament is foreseen by the EC Treaty(5), in contrast, the hygiene aspects are proposed under Articles 95 and 152(4), for which the codecision procedure is provided. Although questions can be raised with regard to the appropriateness of this joint legislative proposal, the objective of the "fast track action" should not be jeopardised, as such, by the delicate steps that have to be followed.

Since the proposal was communicated under the codecision procedure to the Committee, it enables the adoption of the transport act, i.e. Regulation 11, by deleting the relevant provisions related to the hygiene of foodstuffs. The only condition that has to be respected is not to amend the provisions proposed by the Commission on the Regulation 11. This will provide the desirable objective which is the swift adoption of the Regulation 11, and hence the economic benefits of this proposal in a very quick short term period.

(1)

COM (2007)0090 final

(2)

COM (2006)0689 final

(3)

COM (2007)0023 final

(4)

All 27 EU Member States except Malta

(5)

In fact, Article 75(3) stipulates that "The Council shall, acting by qualified majority on a proposal from the Commission and after consulting the Economic and Social Committee, lay dawn rules for implementing the provisions of paragraph 1". The European ESC adopted its opinion at the meeting of 30 May 2007 (JO C 175, 27.07.2007, p. 37).


PROCEDURE

Title

Abolition of discrimination in transport rates and conditions

References

COM(2007)0090 - C6-0086/2007 - 2007/0037A(COD)

Date submitted to Parliament

6.3.2007

Committee responsible

       Date announced in plenary

TRAN

29.3.2007

Committee(s) asked for opinion(s)

       Date announced in plenary

ENVI

29.3.2007

 

 

 

Not delivering opinions

       Date of decision

ENVI

3.5.2007

 

 

 

Rapporteur(s)

       Date appointed

Paolo Costa

26.3.2007

 

 

Discussed in committee

20.11.2007

 

 

 

Date adopted

18.12.2007

 

 

 

Result of final vote

+:

–:

0:

45

0

0

Members present for the final vote

Gabriele Albertini, Inés Ayala Sender, Etelka Barsi-Pataky, Jean-Louis Bourlanges, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Francesco Ferrari, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Dieter-Lebrecht Koch, Rodi Kratsa-Tsagaropoulou, Sepp Kusstatscher, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Marian-Jean Marinescu, Robert Navarro, Seán Ó Neachtain, Willi Piecyk, Paweł Bartłomiej Piskorski, Luís Queiró, Reinhard Rack, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Ţicău, Yannick Vaugrenard, Armando Veneto, Roberts Zīle

Substitute(s) present for the final vote

Zsolt László Becsey, Luigi Cocilovo, Markus Ferber, Pedro Guerreiro, Lily Jacobs, Vladimír Remek, Leopold Józef Rutowicz, Corien Wortmann-Kool

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