REPORT on the proposal for a directive of the European Parliament and of the Council relating to appliances burning gaseous fuels (codified version)

7.10.2009 - (COM(2007)0633 – C6‑0393/2007 – 2007/0225(COD)) - ***I

Committee on Legal Affairs
Rapporteur: Lidia Joanna Geringer de Oedenberg
(Codification – Rule 86 of the Rules of Procedure)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council relating to appliances burning gaseous fuels (codified version)

(COM(2007)0633 – C6‑0393/2007 – 2007/0225(COD))

(Codecision procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0633),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0393/2007),

–   having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts[1],

–   having regard to Rules 86 and 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A7‑0025/2009),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

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

• [1]  OJ C 102, 4.4.1996, p. 2.

ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

	CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES

Brussels, 26 June 2009

OPINION

             FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

                                                              THE COUNCIL

                                                              THE COMMISSION

Proposal for a directive of the European Parliament and of the Council on relating to appliances burning gaseous fuel (codified version)

COM(2007)0633 of 25.10.2007 – 2007/0225(COD)

Having regard to the Inter-institutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts, and in particular to point 4 thereof, the Consultative Working Party, consisting of the respective legal services of the European Parliament, the Council and the Commission, met on 31 October and 8 November 2007 and on 5 June 2009 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At those meetings[1], an examination of the proposal for a directive of the European Parliament and of the Council codifying Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels resulted in the Consultative Working Party’s establishing, by common accord, as follows.

1) In Article 2(2), the wording of the first subparagraph should be replaced by the following wording: "Member States shall communicate in good time to the other Member States and the Commission all changes to the types of gas and corresponding supply pressures used on their territory which have been communicated in accordance with Article 2(2) of Directive 90/396/EEC".

2) Throughout the text of the codification proposal, all occurrences of the wording "CE marking" should be adapted so as to read "CE conformity marking".

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal is a straightforward codification of existing texts, without any change in their substance.

C. PENNERA                                  J.-C. PIRIS                           L. ROMERO REQUENA

Jurisconsult                                       Jurisconsult                            Director General

• [1]               The Consultative Working Party had at its disposal 22 language versions of the proposal and worked on the basis of the English version, being the master-copy language version of the text under discussion.

PROCEDURE

Title	Appliances burning gaseous fuels (codified version)
References	COM(2007)0633 – C6-0393/2007 – 2007/0225(COD)
Date submitted to Parliament	25.10.2007
Committee responsible        Date announced in plenary	JURI 13.11.2007
Rapporteur(s)        Date appointed	Lidia Joanna Geringer de Oedenberg 2.9.2009
Date adopted	6.10.2009