BETA


2009/0117(CNS) Plant health legislation: delegation of the tasks of laboratory testing

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AGRI DE CASTRO Paolo (icon: S&D S&D)
Committee Opinion ENVI
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 037

Events

2009/12/04
   Final act published in Official Journal
Details

PURPOSE: to amend amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing.

LEGISLATIVE ACT: Council Directive 2009/143/EC amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing.

CONTENT: the laboratory tests which have to be carried out in the framework of Directive 2000/29/EC are of a highly technical nature and concern different scientific fields. Such tests require a wide range of different and expensive technical facilities and highly specialised laboratory staff capable of adapting to the rapid development of diagnostic methodology. The number of tests to be carried out has also been growing over recent years. As a result, it has grown increasingly difficult to find legal persons fulfilling all the necessary requirements.

Accordingly, the Council adopted a directive authorising Member States to delegate laboratory tests on plants and plant products to legal persons such as universities, research institutes or private laboratories, provided that they satisfy certain conditions. They must be impartial, free of conflicts of interest as well as able to ensure reliable results and protect confidential information.

The laboratory testing may only be delegated if the responsible official body ensures throughout the time of the delegation that the legal person to which it delegates laboratory testing can assure impartiality, quality and protection of confidential information, and that no conflict of interest exists between the exercise of the tasks delegated to it and its other activities.

ENTRY INTO FORCE: 24/12/2009.

TRANSPOSITION: 01/01/2011.

2009/11/27
   EP/CSL - Act adopted by Council after consultation of Parliament
2009/11/27
   EP - End of procedure in Parliament
2009/11/27
   CSL - Council Meeting
2009/10/20
   EP - Results of vote in Parliament
2009/10/20
   EP - Decision by Parliament
Details

The European Parliament adopted by 534 votes to 29, with 14 abstentions, a legislative resolution approving unamended, under the consultation procedure, the proposal for a Council directive amending Directive 2009/29/EC in relation to the delegation of laboratory analysis work.

Documents
2009/10/02
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/10/02
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/09/30
   EP - Vote in committee
Details

The Committee on Agriculture and Rural Development adopted the report by Paolo De CASTRO (S-D, IT) approving unamended, under the consultation procedure, the proposal for a Council directive amending Directive 2009/29/EC in relation to the delegation of laboratory analysis work.

2009/09/17
   EP - Committee referral announced in Parliament
2009/09/08
   EP - Committee draft report
Documents
2009/09/02
   EP - DE CASTRO Paolo (S&D) appointed as rapporteur in AGRI
2009/08/11
   EC - Legislative proposal
Details

PURPOSE: to amend amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing

PROPOSED ACT: Council Directive.

BACKGROUND: under Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community the responsible official bodies in the Member States may only delegate the tasks provided for in that Directive, including laboratory testing, to a legal person which under its officially approved constitution is charged exclusively with specific public functions. Since then, the structure and tasks of the plant health authorities of the Member States have evolved. The laboratory tests which have to be carried out in the framework of Directive 2000/29/EC are of a highly technical nature and concern different scientific fields. Such tests require a wide range of different and expensive technical facilities and highly specialised laboratory staff capable of adapting to the rapid development of diagnostic methodology. The number of tests to be carried out has also been growing over recent years. As a result, it has grown increasingly difficult to find legal persons fulfilling all the necessary requirements.

CONTENT: this proposal provides for certain amendments to Article 2(1)(g)(ii) of Directive 2000/29/EC in order to adapt the requirements on the delegation of laboratory testing to existing needs. The amendments include the following:

a provision to allow legal persons carrying out delegated tasks to diversify their activities with other laboratory testing activities than those referred to under that Directive; a provision allowing delegation of laboratory testing to legal persons which are not charged exclusively with public functions in the framework of that Directive; in both cases, provisions ensuring that the delegated tasks provided for under the Directive remain under the authority and supervision of the responsible official bodies in a Member State and that those responsible official bodies verify that the legal persons in question are impartial and free of conflict of interest as regards the execution of the delegated tasks.

IMPACT ASSESSMENT: a light scoping paper illustrating the issue has been produced in April 2008. Because of the limited impact of the proposed changes, no full impact assessment of the proposed changes was deemed necessary.

BUDGETARY IMPLICATIONS: this proposal for a Council Directive has no financial implications for the Community budget.

2009/08/10
   EC - Legislative proposal published
Details

PURPOSE: to amend amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing

PROPOSED ACT: Council Directive.

BACKGROUND: under Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community the responsible official bodies in the Member States may only delegate the tasks provided for in that Directive, including laboratory testing, to a legal person which under its officially approved constitution is charged exclusively with specific public functions. Since then, the structure and tasks of the plant health authorities of the Member States have evolved. The laboratory tests which have to be carried out in the framework of Directive 2000/29/EC are of a highly technical nature and concern different scientific fields. Such tests require a wide range of different and expensive technical facilities and highly specialised laboratory staff capable of adapting to the rapid development of diagnostic methodology. The number of tests to be carried out has also been growing over recent years. As a result, it has grown increasingly difficult to find legal persons fulfilling all the necessary requirements.

CONTENT: this proposal provides for certain amendments to Article 2(1)(g)(ii) of Directive 2000/29/EC in order to adapt the requirements on the delegation of laboratory testing to existing needs. The amendments include the following:

a provision to allow legal persons carrying out delegated tasks to diversify their activities with other laboratory testing activities than those referred to under that Directive; a provision allowing delegation of laboratory testing to legal persons which are not charged exclusively with public functions in the framework of that Directive; in both cases, provisions ensuring that the delegated tasks provided for under the Directive remain under the authority and supervision of the responsible official bodies in a Member State and that those responsible official bodies verify that the legal persons in question are impartial and free of conflict of interest as regards the execution of the delegated tasks.

IMPACT ASSESSMENT: a light scoping paper illustrating the issue has been produced in April 2008. Because of the limited impact of the proposed changes, no full impact assessment of the proposed changes was deemed necessary.

BUDGETARY IMPLICATIONS: this proposal for a Council Directive has no financial implications for the Community budget.

Documents

History

(these mark the time of scraping, not the official date of the change)

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Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
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http://www.europarl.europa.eu/doceo/document/A-7-2009-0017_EN.html
New
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date
2009-10-20T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-7-2009-0032_EN.html title: T7-0032/2009
summary
The European Parliament adopted by 534 votes to 29, with 14 abstentions, a legislative resolution approving unamended, under the consultation procedure, the proposal for a Council directive amending Directive 2009/29/EC in relation to the delegation of laboratory analysis work.
events/5
date
2009-10-20T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-7-2009-0032_EN.html title: T7-0032/2009
summary
The European Parliament adopted by 534 votes to 29, with 14 abstentions, a legislative resolution approving unamended, under the consultation procedure, the proposal for a Council directive amending Directive 2009/29/EC in relation to the delegation of laboratory analysis work.
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EP
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committee
AGRI
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-17&language=EN
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http://www.europarl.europa.eu/doceo/document/TA-7-2009-0032_EN.html
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  • date: 2009-08-11T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2009/0424/COM_COM(2009)0424_EN.pdf title: COM(2009)0424 type: Legislative proposal published celexid: CELEX:52009PC0424:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/health_consumer/index_en.htm title: Health and Consumers Commissioner: VASSILIOU Androulla type: Legislative proposal published
  • date: 2009-09-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: AGRI date: 2009-09-02T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • date: 2009-09-30T00:00:00 body: EP committees: body: EP responsible: True committee: AGRI date: 2009-09-02T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI type: Vote in committee, 1st reading/single reading
  • date: 2009-10-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-17&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0017/2009 body: EP committees: body: EP responsible: True committee: AGRI date: 2009-09-02T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI type: Committee report tabled for plenary, 1st reading/single reading
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  • date: 2009-11-27T00:00:00 body: CSL type: Council Meeting council: Education, Youth, Culture and Sport meeting_id: 2978
  • date: 2009-11-27T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2009-11-27T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2009-12-04T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0143 title: Directive 2009/143 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:318:TOC title: OJ L 318 04.12.2009, p. 0023
commission
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EP
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council
  • body: CSL type: Council Meeting council: Education, Youth, Culture and Sport meeting_id: 2978 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2978*&MEET_DATE=27/11/2009 date: 2009-11-27T00:00:00
docs
  • date: 2009-09-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE428.006 title: PE428.006 type: Committee draft report body: EP
  • date: 2009-10-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-17&language=EN title: A7-0017/2009 type: Committee report tabled for plenary, 1st reading/single reading body: EP
events
  • date: 2009-08-11T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2009/0424/COM_COM(2009)0424_EN.pdf title: COM(2009)0424 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=424 title: EUR-Lex summary: PURPOSE: to amend amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing PROPOSED ACT: Council Directive. BACKGROUND: under Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community the responsible official bodies in the Member States may only delegate the tasks provided for in that Directive, including laboratory testing, to a legal person which under its officially approved constitution is charged exclusively with specific public functions. Since then, the structure and tasks of the plant health authorities of the Member States have evolved. The laboratory tests which have to be carried out in the framework of Directive 2000/29/EC are of a highly technical nature and concern different scientific fields. Such tests require a wide range of different and expensive technical facilities and highly specialised laboratory staff capable of adapting to the rapid development of diagnostic methodology. The number of tests to be carried out has also been growing over recent years. As a result, it has grown increasingly difficult to find legal persons fulfilling all the necessary requirements. CONTENT: this proposal provides for certain amendments to Article 2(1)(g)(ii) of Directive 2000/29/EC in order to adapt the requirements on the delegation of laboratory testing to existing needs. The amendments include the following: a provision to allow legal persons carrying out delegated tasks to diversify their activities with other laboratory testing activities than those referred to under that Directive; a provision allowing delegation of laboratory testing to legal persons which are not charged exclusively with public functions in the framework of that Directive; in both cases, provisions ensuring that the delegated tasks provided for under the Directive remain under the authority and supervision of the responsible official bodies in a Member State and that those responsible official bodies verify that the legal persons in question are impartial and free of conflict of interest as regards the execution of the delegated tasks. IMPACT ASSESSMENT: a light scoping paper illustrating the issue has been produced in April 2008. Because of the limited impact of the proposed changes, no full impact assessment of the proposed changes was deemed necessary. BUDGETARY IMPLICATIONS: this proposal for a Council Directive has no financial implications for the Community budget.
  • date: 2009-09-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2009-09-30T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Agriculture and Rural Development adopted the report by Paolo De CASTRO (S-D, IT) approving unamended, under the consultation procedure, the proposal for a Council directive amending Directive 2009/29/EC in relation to the delegation of laboratory analysis work.
  • date: 2009-10-02T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-17&language=EN title: A7-0017/2009
  • date: 2009-10-20T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=17460&l=en title: Results of vote in Parliament
  • date: 2009-10-20T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2009-32 title: T7-0032/2009 summary: The European Parliament adopted by 534 votes to 29, with 14 abstentions, a legislative resolution approving unamended, under the consultation procedure, the proposal for a Council directive amending Directive 2009/29/EC in relation to the delegation of laboratory analysis work.
  • date: 2009-11-27T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2009-11-27T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2009-12-04T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing. LEGISLATIVE ACT: Council Directive 2009/143/EC amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing. CONTENT: the laboratory tests which have to be carried out in the framework of Directive 2000/29/EC are of a highly technical nature and concern different scientific fields. Such tests require a wide range of different and expensive technical facilities and highly specialised laboratory staff capable of adapting to the rapid development of diagnostic methodology. The number of tests to be carried out has also been growing over recent years. As a result, it has grown increasingly difficult to find legal persons fulfilling all the necessary requirements. Accordingly, the Council adopted a directive authorising Member States to delegate laboratory tests on plants and plant products to legal persons such as universities, research institutes or private laboratories, provided that they satisfy certain conditions. They must be impartial, free of conflicts of interest as well as able to ensure reliable results and protect confidential information. The laboratory testing may only be delegated if the responsible official body ensures throughout the time of the delegation that the legal person to which it delegates laboratory testing can assure impartiality, quality and protection of confidential information, and that no conflict of interest exists between the exercise of the tasks delegated to it and its other activities. ENTRY INTO FORCE: 24/12/2009. TRANSPOSITION: 01/01/2011. docs: title: Directive 2009/143 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0143 title: OJ L 318 04.12.2009, p. 0023 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:318:TOC
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  • body: EC dg: url: http://ec.europa.eu/dgs/health_consumer/index_en.htm title: Health and Consumers commissioner: VASSILIOU Androulla
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New
Rules of Procedure EP 150
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procedure/instrument
Old
Directive
New
  • Directive
  • Amending Directive 2000/29/EC 1997/0338(CNS)
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Old
  • 3.10.09.02 Plant health legislation
New
3.10.09.02
Plant health legislation
procedure/summary
  • Amending Directive 2000/29/EC
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PreLex
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EUR-Lex
activities
  • date: 2009-08-11T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2009/0424/COM_COM(2009)0424_EN.pdf celexid: CELEX:52009PC0424:EN type: Legislative proposal published title: COM(2009)0424 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/health_consumer/index_en.htm title: Health and Consumers Commissioner: VASSILIOU Androulla
  • date: 2009-09-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: AGRI date: 2009-09-02T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • date: 2009-09-30T00:00:00 body: EP committees: body: EP responsible: True committee: AGRI date: 2009-09-02T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI type: Vote in committee, 1st reading/single reading
  • date: 2009-10-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-17&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0017/2009 body: EP committees: body: EP responsible: True committee: AGRI date: 2009-09-02T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2009-10-20T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=17460&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2009-32 type: Decision by Parliament, 1st reading/single reading title: T7-0032/2009 body: EP type: Results of vote in Parliament
  • date: 2009-11-27T00:00:00 body: CSL type: Council Meeting council: Education, Youth, Culture and Sport meeting_id: 2978
  • date: 2009-11-27T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2009-11-27T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2009-12-04T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009L0143 title: Directive 2009/143 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:318:TOC title: OJ L 318 04.12.2009, p. 0023
committees
  • body: EP responsible: True committee: AGRI date: 2009-09-02T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/health_consumer/index_en.htm title: Health and Consumers commissioner: VASSILIOU Androulla
procedure
dossier_of_the_committee
AGRI/7/00738
reference
2009/0117(CNS)
instrument
Directive
legal_basis
EC Treaty (after Amsterdam) EC 037
stage_reached
Procedure completed
summary
Amending Directive 2000/29/EC
subtype
Legislation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
Plant health legislation: delegation of the tasks of laboratory testing
type
CNS - Consultation procedure
final
subject
3.10.09.02 Plant health legislation