REPORT on the proposal for a Council directive on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and eggs for hatching (codified version)
7.10.2009 - (COM(2009)0227 – C7‑0048/2009 – 2009/0067(CNS)) - *
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 Council directive on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and eggs for hatching (codified version)
(COM(2009)0227 – C7‑0048/2009 – 2009/0067(CNS))
(Consultation procedure – codification)
The European Parliament,
– having regard to the Commission proposal to the Council (COM(2009)0227),
– having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7‑0048/2009),
– 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 (A7-0027/2009),
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
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CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES |
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Brussels, 9 July 2009
OPINION
FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
Proposal for a Council directive on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and eggs for hatching (codified version)
COM(2009)0227 of 15.5.2009 – 2009/0067(CNS)
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 28 May and 25 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 Council directive codifying Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs resulted in the Consultative Working Party’s establishing, by common accord, as follows.
1) Throughout the text of the codification proposal, all occurrences of the wording "eggs for hatching" should be adapted so as to read "hatching eggs".
2) It was acknowledged that serious discrepancies would appear to exist between the English and French language versions of points 14 and 17 of Article 2 of Directive 90/539/EEC (corresponding to points 14 and 16 of Article 2 in the codified text), and consequently also between other language versions translated on the basis of the English or of the French text. A correction of those discrepancies would apparently require the publication of corrigenda in respect of certain language versions of the act.
3) The following texts contain obsolete provisions, and should therefore be removed from the codified version of Directive 90/539/EEC:
"Article 11
1. As regards salmonella, Finland and Sweden may submit to the Commission an operational programme concerning flocks of breeding poultry and flocks of day-old chicks intended to be introduced into flocks of breeding poultry or flocks of productive poultry.
2. The Commission shall examine the operational programmes. Following that examination and if it is justified, the Commission shall, in accordance with the procedure referred to in Article 35(2), specify the additional general or limited guarantees which may be required for consignments to Finland and Sweden. Those guarantees shall be equivalent to those which Finland and Sweden implement respectively at national level. The appropriate decisions shall be adopted before 1 January 1995.";
"Article 12
1. As regards salmonella and pending the adoption of Community rules, Finland and Sweden may submit to the Commission an operational programme concerning flocks of laying hens (productive poultry reared to produce eggs for consumption).
2. The Commission shall examine the operational programmes. Following that examination and if it is justified, the Commission shall, in accordance with the procedure referred to in Article 35(2), specify the additional general or limited guarantees which may be required for consignments to Finland and Sweden. Those guarantees shall be equivalent to those which Finland and Sweden implement respectively at national level. In addition, these guarantees shall take into account the opinion of the European Food Safety Authority as regards serotypes of salmonella to be included in the list of invasive serotypes for poultry. The appropriate decisions shall be adopted before 1 January 1995.";
"Article 17
[…]
2. […]
As regards Finland and Sweden, the appropriate decisions concerning the status of ‘non-vaccination zone against Newcastle disease’ shall be adopted in accordance with the procedure referred to in Article 35(2) before 1 January 1995.";
"Article 26
[…]
2. Additional criteria for classifying third countries in respect of paragraph 1(b), particularly as regards the type of vaccine used, shall be adopted in accordance with the procedure referred to in Article 35(2) before 1 January 1995.".
4) In Article 15(1), the final wording "in accordance with rules to be laid down by the Council acting on a proposal from the Commission before 1 January 1995" should be replaced by the wording "in accordance with Council Decision 95/410/EC".
5) Between the texts of Article 36 and of Article 37, a new article consisting of the following wording should be introduced: "Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive".
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
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Title |
Animal health conditions governing intra-Community trade in and imports of poultry and eggs for hatching (codified version) |
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References |
COM(2009)0227 – C7-0048/2009 – 2009/0067(CNS) |
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Date of consulting Parliament |
30.6.2009 |
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Committee responsible Date announced in plenary |
JURI 14.7.2009 |
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Rapporteur(s) Date appointed |
Lidia Joanna Geringer de Oedenberg 2.9.2009 |
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Date adopted |
6.10.2009 |
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Date tabled |
7.10.2009 |
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