PURPOSE: to amend certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union.

LEGISLATIVE ACT: Council Directive 2013/64/EU amending Council Directives 91/271/EEC and 1999/74/EC, and Directives 2000/60/EC, 2006/7/EC, 2006/25/EC and 2011/24/EU of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union

CONTENT: on 11 July 2012, the European Council decided to grant the status of an outermost region of the Union to Mayotte with regard to the Union with effect from 1 January 2014. Specific measures provided in this Directive aim to take account of the particular structural social and economic situation of Mayotte, which is compounded by its remoteness, insularity, small size, difficult topography and climate.

Environment: three Directives are amended in order to: (i) grant France the sufficient periods of time for meeting the requirements of the Directives concerning urban waste water treatment and for the adoption and the proper implementation of river basin management plans; (ii) define specific time limits to allow France to reach the Union standards as regards bathing water quality.

France shall ensure that all agglomerations are provided with collecting systems for urban waste water: (i) by 31 December 2020 at the latest for agglomerations of more than 10 000 p.e. which will cover at least 70 % of the load generated in Mayotte; (ii) by 31 December 2027 at the latest for agglomerations of more than 2 000 p.e.’.

Agriculture: Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens is amended so as to postpone the prohibition of using unenriched cages until 31 December 2017. In order to prevent distortions of competition, eggs derived from establishments using unenriched cages should be marketed only on the local market of Mayotte. 

Social policy: the amendment to Directive 2006/25/EC of the European Parliament and of the Council grants a derogation to France, until 31 December 2017, from certain provisions in the field of artificial optical radiation. France must ensure proper consultation of the social partners and limit risks for workers to a minimum.

Public health:  Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare is amended, to grant France an additional period to 30 June 2016 to bring into force the provisions necessary to comply with that Directive in respect of Mayotte.

ENTRY INTO FORCE: 01/01/2014.

TRANSPOSITION: from 01/01/2014 to 30/06/2021depending on the provisions.

PURPOSE: to amend certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: by Decision 2012/419/EU, the European Council amended the status of Mayotte with regard to the Union with effect from 1 January 2014. Therefore, from that date Mayotte will cease to be an overseas territory to become an outermost region within the meaning of Articles 349 and 355(1) TFEU. Union law will apply to Mayotte from 1 January 2014.

This proposal follows the examination of requests made by the French authorities to have the Union acquis amended through derogations and/or transitional periods applicable to Mayotte in different areas, such as environment, agriculture, social policy and public health. The examination has revealed that France needs additional time to comply with the Union acquis with regard to Mayotte in these fields.

The amendments proposed relate to all the Directives. In the interest of simplicity and speediness, it has been considered expedient not to resort to individual proposals for each of the acts concerned but, where legally possible, to bundle the amendments to several acts in a single proposal.

IMPACT ASSESSMENT: the Commission did not undertake an impact assessment.

LEGAL BASIS: Article 43(2), Article 114, Article 153(2), Article168 and Article 192(1) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: taking into account the specific situation in Mayotte, the Commission is proposing to amend a series of Directives in the fields of the environment, agriculture, social policy and public health.

Environment: it is proposed to amend three Directive in order to: (i) grant France the sufficient periods of time for meeting the requirements of the Directives concerning urban waste water treatment and for the adoption and the proper implementation of river basin management plans; (ii) define specific time limits to allow France to reach the Union standards as regards bathing water quality.

Agriculture: it is proposed to amend Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens. Since laying hens are reared in Mayotte in unenriched cages and since it would be difficult to change this position in the short term, France should be granted sufficient time to adapt.

Social policy: it is proposed to amend Directive 2006/25/EC of the European Parliament and of the Council with a view to granting a derogation to France, until 31 December 2017, from certain provisions in the field of artificial optical radiation. It is also proposed that France must ensure proper consultation of the social partners and limit risks for workers to a minimum.

Public health: it is proposed to amend Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare, to grant France an additional period of 30 months from 1 January 2014 to bring into force the provisions necessary to comply with that Directive in respect of Mayotte.

BUDGETARY IMPLICATION: the proposal has no budgetary implications.

The European Parliament adopted by 561 votes to 59, with 12 abstentions, a legislative resolution 13 on the proposal for a directive of the European Parliament and of the Council amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union.

The position at first reading adopted by the Parliament following the ordinary legislative procedure amended the Commission proposal as follows:

Parliament stressed that following the change in the legal status of Mayotte, Union law will apply to Mayotte as from 1 January 2014. It is appropriate to provide for certain specific measures justified by the particular structural social, environmental and economic situation of Mayotte and its new status as an outermost region, in a number of areas.

As regards laying hens, Parliament proposed that the old standard cages which are already in use, may be used until 31 December 2017.

A second series of amendments concerned the waste water collecting systems and the thresholds of the agglomerations above which such systems must be built.

France should ensure that urban waste water entering collecting systems are, before discharge, subject to secondary treatment or an equivalent treatment: (i) by 31 December 2020 at the latest for agglomerations of more than 15 000 population equivalent (p.e.); (ii) by 31 December 2027 at the latest for agglomerations of more than 2 000 p.e..

The Directive should apply from 1 January 2014.

PURPOSE: to amend certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: by Decision 2012/419/EU, the European Council amended the status of Mayotte with regard to the Union with effect from 1 January 2014. Therefore, from that date Mayotte will cease to be an overseas territory to become an outermost region within the meaning of Articles 349 and 355(1) TFEU. Union law will apply to Mayotte from 1 January 2014.

This proposal follows the examination of requests made by the French authorities to have the Union acquis amended through derogations and/or transitional periods applicable to Mayotte in different areas, such as environment, agriculture, social policy and public health. The examination has revealed that France needs additional time to comply with the Union acquis with regard to Mayotte in these fields.

The amendments proposed relate to all the Directives. In the interest of simplicity and speediness, it has been considered expedient not to resort to individual proposals for each of the acts concerned but, where legally possible, to bundle the amendments to several acts in a single proposal.

IMPACT ASSESSMENT: the Commission did not undertake an impact assessment.

LEGAL BASIS: Article 43(2), Article 114, Article 153(2), Article168 and Article 192(1) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: taking into account the specific situation in Mayotte, the Commission is proposing to amend a series of Directives in the fields of the environment, agriculture, social policy and public health.

Environment: it is proposed to amend three Directive in order to: (i) grant France the sufficient periods of time for meeting the requirements of the Directives concerning urban waste water treatment and for the adoption and the proper implementation of river basin management plans; (ii) define specific time limits to allow France to reach the Union standards as regards bathing water quality.

Agriculture: it is proposed to amend Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens. Since laying hens are reared in Mayotte in unenriched cages and since it would be difficult to change this position in the short term, France should be granted sufficient time to adapt.

Social policy: it is proposed to amend Directive 2006/25/EC of the European Parliament and of the Council with a view to granting a derogation to France, until 31 December 2017, from certain provisions in the field of artificial optical radiation. It is also proposed that France must ensure proper consultation of the social partners and limit risks for workers to a minimum.

Public health: it is proposed to amend Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare, to grant France an additional period of 30 months from 1 January 2014 to bring into force the provisions necessary to comply with that Directive in respect of Mayotte.

BUDGETARY IMPLICATION: the proposal has no budgetary implications.

The Committee on the Environment, Public Health and Food Safety adopted the report adopted by Matthias GROOTE (S&D, DE) on the proposal for a directive of the European Parliament and of the Council amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union.

The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal.

The report stressed that following the change in the legal status of Mayotte, Union law will apply to Mayotte as from 1 January 2014. It is appropriate to provide for certain specific measures justified by the particular structural social, environmental and economic situation of Mayotte and its new status as an outermost region, in a number of areas.

As regards laying hens, Members proposed that the old standard cages which are already in use, may be used until 31 December 2017 (as opposed to 31 December 2014).

A second series of amendments concerned the waste water collecting systems and the thresholds of the agglomerations above which such systems must be built. These amendments aim at bringing into line the provisions concerning Mayotte with the "acquis communautaire" which is currently in force for the rest of the EU.

France should ensure that urban waste water entering collecting systems are, before discharge, subject to secondary treatment or an equivalent treatment: (i) by 31 December 2020 at the latest for agglomerations of more than 15 000 population equivalent (p.e.) (instead of 10 000 as proposed by the Commission); (ii) by 31 December 2027 at the latest for agglomerations of more than 2 000 p.e..

The Directive should apply from 1 January 2014.

The Council adopted a proposed compromise text on a Council Directive amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union.

The proposed changes by the Presidency were as follows:

The proposal should be based on Article 349 of the Treaty on the Functioning of the European Union (TFEU). 

The Council should adopt this proposal having regard to the opinion of the European Parliament following the special legislative procedure.

It is stipulated that Mayotte should be considered as an outermost region within the meaning of Article 349 of the TFEU and that it is appropriate to provide for certain specific measures justified by the particular structural social and economic situation of Mayotte in a number of areas.

• Amendment to Directive 91/271/EEC concerning urban waste water treatment: the proposal stipulated that the period of time granted to France to enable it to comply with the requirements of the Directive should be 31 December 2027 for all agglomerations of more than 2 000 p.e. (population equivalent).
• Amendment to Directive 1999/74/EC laying down minimum standards for the protection of laying hens: it is proposed that laying hens may continue to be reared in unenriched cages until 31 December 2017.

The Directive should apply from 1 January 2014.

PURPOSE: to amend certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: by Decision 2012/419/EU, the European Council amended the status of Mayotte with regard to the Union with effect from 1 January 2014. Therefore, from that date Mayotte will cease to be an overseas territory to become an outermost region within the meaning of Articles 349 and 355(1) TFEU. Union law will apply to Mayotte from 1 January 2014.

This proposal follows the examination of requests made by the French authorities to have the Union acquis amended through derogations and/or transitional periods applicable to Mayotte in different areas, such as environment, agriculture, social policy and public health. The examination has revealed that France needs additional time to comply with the Union acquis with regard to Mayotte in these fields.

The amendments proposed relate to all the Directives. In the interest of simplicity and speediness, it has been considered expedient not to resort to individual proposals for each of the acts concerned but, where legally possible, to bundle the amendments to several acts in a single proposal.

IMPACT ASSESSMENT: the Commission did not undertake an impact assessment.

LEGAL BASIS: Article 43(2), Article 114, Article 153(2), Article168 and Article 192(1) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: taking into account the specific situation in Mayotte, the Commission is proposing to amend a series of Directives in the fields of the environment, agriculture, social policy and public health.

- Environment: it is proposed to amend three Directive in order to: (i) grant France the sufficient periods of time for meeting the requirements of the Directives concerning urban waste water treatment and for the adoption and the proper implementation of river basin management plans; (ii) define specific time limits to allow France to reach the Union standards as regards bathing water quality.

- Agriculture: it is proposed to amend Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens. Since laying hens are reared in Mayotte in unenriched cages and since it would be difficult to change this position in the short term, France should be granted sufficient time to adapt.

- Social policy: it is proposed to amend Directive 2006/25/EC of the European Parliament and of the Council with a view to granting a derogation to France, until 31 December 2017, from certain provisions in the field of artificial optical radiation. It is also proposed that France must ensure proper consultation of the social partners and limit risks for workers to a minimum.

- Public health: it is proposed to amend Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare, to grant France an additional period of 30 months from 1 January 2014 to bring into force the provisions necessary to comply with that Directive in respect of Mayotte.

BUDGETARY IMPLICATION: the proposal has no budgetary implications.