REPORT on the amended proposal for a Council directive on pure-bred breeding animals of the bovine species (codified version)

8.10.2009 - (COM(2009)0235 – C7‑0045/2009 – 2006/0250(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 amended proposal for a Council directive on pure-bred breeding animals of the bovine species (codified version)

(COM(2009)0235 – C7‑0045/2009 – 2006/0250(CNS))

(Consultation procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0235),

–   having regard to Articles 37 and 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C7‑0045/2009),

–   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 (A7-0032/2009),

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, 9 July 2009

OPINION

             FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

                                                              THE COUNCIL

                                                              THE COMMISSION

Proposal for a Council directive on pure-bred breeding animals of the bovine species (codified version)

COM(2009)235 of 20.5.2009 – 2006/0250(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 amended proposal for a Council directive codifying Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species resulted in the Consultative Working Party’s establishing, by common accord, as follows.

1) In the first citation, the reference made to "Articles 37 and 94" should be replaced by a reference to "Article 37".

2) The texts of Recital 4 (corresponding to Recital 3 of Directive 94/28/EC) and of Recital 5 (corresponding to Recital 5 of Directive 94/28/EC) should be removed from the preamble to the codified version of Directive 77/504/EEC. Recitals currently numbered 6, 7 and 8 in the codification proposal should be renumbered 4, 5 and 6.

3) Article 7 should be removed from the codified text of Directive 77/504/EEC.4) Between the texts of Article 8 (to be re-numbered 7) and of Article 9, a new Article 8 consisting of the following wording should be introduced: "Member States shall communicate to the Commission the texts of the main 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

Title	Pure-bred breeding animals of the bovine species (codified version)
References	COM(2009)0235 – C7-0045/2009 – COM(2006)0749 – C6-0002/2007 – 2006/0250(CNS)
Date of consulting Parliament	22.12.2006
Committee responsible        Date announced in plenary	JURI 14.7.2009
Rapporteur(s)        Date appointed	Lidia Joanna Geringer de Oedenberg 2.9.2009
Date adopted	6.10.2009
Date tabled	8.10.2009