PURPOSE: to amend Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease, in order to bring it into line with the Treaty on the Functioning of the European Union (TFEU) and the new official control provisions in force.

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 on an equal footing with the Council.

BACKGROUND: Council Directive 92/66/EEC lays down the measures to be applied in the event of an outbreak of Newcastle disease in poultry and certain birds. The Directive confers on the Council, acting by a qualified majority on a proposal from the Commission, the power to amend the Directive’s Annexes.

Thus, the Council may amend Annexes V, VI and VII to Directive 92/66/EEC which set out respectively (i) the indication of the European Union reference laboratory for Newcastle disease as well as its functions and duties, (ii) the model form to be used by Member States in order to report on the disease situation and the control measures applied; and (iii) the criteria to be applied by Member States for drawing up contingency plans specifying the national measures to be implemented in the event of an outbreak the disease.

It is necessary to simplify and streamline the procedures regarding the control of Newcastle disease, in particular taking into account the new rules in relation to the designation of European Union reference laboratories provided for by Article 93 of Regulation (EU) 2017/625 of the European Parliament and of the Council, and also the new system of implementing acts provided for in Article 291 of the Treaty on the Functioning of the European Union (TFEU).

The current European reference laboratory (EURL) for Newcastle disease is located in the United Kingdom. Hence, it needs to be replaced by an EURL located in one of the other 27 Member States in view of the United Kingdom exiting the EU. The current procedure for designating an EURL for Newcastle disease is via a Council Directive. This technical revision of the Directive 92/66/EEC will enable the use of the required implementing procedure to designate a new EURL for Newcastle disease within the tight deadlines related to BREXIT.

CONTENT: the aim of this proposal is to amend Council Directive 92/66/EEC in order to ensure consistency with the TFEU and the new provisions on official controls with a view to simplifying procedures. It aims to delete Annexes V, VI and VII of that Directive and to confer on the Commission implementing powers in the matters covered by those Annexes. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (comitology Regulation).

The proposal provides that the Commission shall designate, by means of implementing acts, a European Union reference laboratory for Newcastle disease. For the sake of clarity, it sets out the function and duties of the European Union reference laboratory for Newcastle Disease as well as the criteria applicable to the contingency plans to be established by Member States in the event of the onset of the disease.