PURPOSE: to introduce new implementing procedures concerning rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs).

LEGISLATIVE ACT: Regulation (EC) No 220/2009 of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission.

CONTENT: following a first reading agreement with the European Parliament, the Council adopted a Regulation bringing the whole Regulation on transmissible spongiform encephalopathies (TSE) into line with the new comitology rules, following a first-reading agreement with the Parliament.

The new legislative act confers scrutiny rights on the Council and the Parliament with regard to the articles concerning: (i) the approval of rapid tests; (ii) the extension of certain provisions to other products of origin; (iii) the adoption of implementing rules including the method of confirming bovine spongiform encephalopathy (BSE) in ovine and caprine animals; (iv) modification of the Annex; and (v) the adoption of transitional measures.

Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 999/2001, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Decision 1999/468/EC.

ENTRY INTO FORCE: 20/04/2009.

The European Parliament adopted, under the 1st reading of the codecision procedure, a legislative resolution amending the proposal the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 as regards the implementing powers conferred on the Commission. The report had been tabled for consideration in plenary by Gyula HEGYI (PES, HU) on behalf of the Committee on the Environment, Public Health and Food Safety.

The amendments were the result of agreement between Council and Parliament. The main ones were as follows:

certain measures relating to products of animal origin derived from or containing ruminant material will not apply to ruminants which have undergone an alternative test which has been recognised in accordance with the regulatory procedure with scrutiny, provided that this test is listed in Annex X, where the results of the test were negative; with regard to measures following confirmation of the presence of a TSE, Member States may apply other measures offering an equivalent level of protection, if those measures have been approved in accordance with the regulatory procedure; the method to confirm BSE in ovine and caprine animals shall be adopted in accordance with the regulatory procedure with scrutiny.

The Committee on the Environment, Public Health and Food Safety adopted a report drafted by Gyula HEGYI (PES, HU) and amended the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 as regards the implementing powers conferred on the Commission.

The amendments were as follows:

certain measures relating to products of animal origin derived from or containing ruminant material will be adopted in accordance with the regulatory procedure with scrutiny; with regard to measures following confirmation of the presence of a TSE, the Committee stated that Member States may apply other measures offering an equivalent level of protection, if those measures have been approved in accordance with the regulatory procedure with scrutiny.

PURPOSE: to introduce new implementing procedures concerning rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs)

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in 2006 rules governing the Commission’s implementing powers were amended by Council Decision 2006/512/EC. This Council Decision introduced a new “regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument that have been adopted in accordance with the co-decision procedure”. This may include deleting some elements, or supplementing the instrument, through the addition of new non-essential elements.

The Commission has examined all instruments adopted by co-decision in a bid to identify those which permit the Commission to adopt measures of a general scope and which are designed to amend “non-essential” elements of the basic instrument in question. Over 200 instruments have been identified.

CONTENT: the purpose of this proposal is to introduce the new regulatory procedure with scrutiny to Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs). This Regulation is currently subject to the Commission’s codification programme and adaptation of the new procedure should take place, depending on how far the codification process has progressed – either by recasting the codified proposal or, as is currently being proposed, by legislative amendment.

PURPOSE: to introduce new implementing procedures concerning rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs)

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in 2006 rules governing the Commission’s implementing powers were amended by Council Decision 2006/512/EC. This Council Decision introduced a new “regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument that have been adopted in accordance with the co-decision procedure”. This may include deleting some elements, or supplementing the instrument, through the addition of new non-essential elements.

The Commission has examined all instruments adopted by co-decision in a bid to identify those which permit the Commission to adopt measures of a general scope and which are designed to amend “non-essential” elements of the basic instrument in question. Over 200 instruments have been identified.

CONTENT: the purpose of this proposal is to introduce the new regulatory procedure with scrutiny to Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs). This Regulation is currently subject to the Commission’s codification programme and adaptation of the new procedure should take place, depending on how far the codification process has progressed – either by recasting the codified proposal or, as is currently being proposed, by legislative amendment.