Amended proposal for a Council Regulation (EC) amending Regulation (EC) No 3448/93 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
Date: 1998-03-11
Institutions: European Commission
Subjects: GATT, agricultural product, agro-industry, customs tariff, export refund

C  123/20

EN

Official  Journal  of  the  European  Communities

22.4.98

6.(cid:217)All  birds  must  be  inspected  by  the  owner  or  the  person  responsible  for  the  birds  at  least  twice  daily.

Daily  written  records  of  these  inspections,  including  any  action  taken  as  a  result,  shall  be  available  on
the  holding  and  to  the  competent  authority,  upon  request,  for  a  minimum  period  to  be  determined  by
the  competent  authority  but  which  may  not  be  less  than  than  three  years.

For  birds  appearing  not  to  be  in  good  health,  including  behavioural  changes,  steps  shall  be  taken  to
establish  the  cause  and  appropriate  remedial  measures  shall  be  implemented,  e.g.  treatment,  isolation,
culling  or  attention  to  environmental  factors.  If  the  cause  is  traced  to  an  environmental  factor  in  the
production  unit  which  does  not  need  to  be  remedied  immediately,  this  should  be  corrected  when  the
accommodation  is  emptied  and  before  the  next  batch  of  birds  is  put  in.

Veterinary  advice  must  be  obtained  as  soon  as  possible  for  birds  which  are  not  responding  to  the
stock(cid:220)keeper’s  care.

7.(cid:217)Buildings,  equipment  and  utensils  used  for  birds  must  be  properly  cleaned  and  disinfected  to  prevent
cross(cid:220)infection  and  the  build(cid:220)up  of  disease(cid:220)carrying  organisms.  Droppings  and  uneaten  or  spilt  food
must  be  removed  as  often  as  necessary  to  minimize  smell  and  to  avoid  attracting  flies  or  rodents.

Those  parts  of  the  buildings  or  cages  which  are  in  contact  with  the  birds  shall  be  thoroughly  cleansed
and  disinfected  every  time  the  house  is  emptied  and  before  a  new  batch  of  birds  is  brought  in.

8.(cid:217)Accommodation  comprising  four  or  more  tiers  of  cages  shall  be  permitted  only  if  a  fixed  catwalk  or
other  approved  device  is  provided  to  allow  inspection  of  the  upper  cages  and  to  facilitate  removal  of
birds  from  those  cages.

9.(cid:217)All  birds  shall  have  access  to  adequate,  nutritious  and  hygienic  feed  each  day  and  to  adequate  fresh

water  at  all  times,  except  in  the  case  of  therapeutic  or  prophylactic  treatment.

10.(cid:217)Feeding  and  watering  equipment  must  be  designed,  constructed,  placed  and  maintained  so  that

contamination  of  the  birds’  feed  and  water  is  minimized.

11.(cid:217)Birds  shall  be  cared  for  by  a  sufficient  number  of  personnel  who  have  been  trained  and  are  experienced

in  the  husbandry  system  used.

12.(cid:217)De(cid:220)winging,  pinioning,  notching  or  tendon  severing  shall  not  be  carried  out.  When  it  is  necessary  to

reduce  the  ability  to  fly,  the  flight  feathers  of  one  wing  may  be  clipped  by  a  skilled  operator.

13.(cid:217)The  birds  must  have  appropriate  protection  against  predators  and  extreme  climate  conditions.

14.(cid:217)Buildings,  cages  and  enclosures  must  be  suitably  equipped  to  prevent  the  birds  escaping.

Amended  proposal  for  a  Council  Regulation  (EC)  amending  Regulation  (EC)  No  3448/93
laying  down  the  trade  arrangements  applicable  to  certain  goods  resulting  from  the  processing  of
agricultural  products (˛)

(98/C  123/11)

COM(1998)  139  final  -  96/0039(CNS)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC(cid:220)Treaty  on  11  March  1998)

The  proposal  for  a  Council  Regulation  amending  Regulation  (EC)  No  3448/93  laying  down
the  trade  arrangements  applicable  to  certain  goods  resulting  from  the  processing  of  agricultural
products  (COM(96)  49  final  -  96/0039(CNS))  is  hereby  amended  as  follows:

1.(cid:217)the  fifth  and  sixth  recitals  are  replaced  by  the  following:

(˛)(cid:217)OJ  C  105,  11.4.1996.

22.4.98

EN

Official  Journal  of  the  European  Communities

C  123/21

"Whereas,  following  the  amendments  made  to  the  various  Regulations  on  the  common
organisation  of  the  markets  in  the  agriculture  sector  by  Council  Regulation  (EC)  No
3290/94,(cid:216)(˛)  refunds  for  certain  agricultural  products  exported  in  the  form  of  goods  not
covered  by  Annex  II  to  the  Treaty  may  be  granted  only  if  they  are  in  line  with  the
commitments  entered  into  by  the  Community  pursuant  to  Article  228  of  the  Treaty;  whereas
the  arrangements  needed  to  ensure  compliance  with  such  commitments  can  be  adopted
under  the  procedure  referred  to  in  Article  16  of  Regulation  (EC)  No  3448/93;’;

2.(cid:217)in  Article  1(2),  as  regards  the  amendment  of  the  third  subparagraph  of  Article  2(1)  of  Regu(cid:220)
lation  (EC)  No  3448/93,  "For  the  goods  listed  in  Table  2  of  Annex  B,  the  agricultural
component  of  the  charge  shall  be  part  of  the  single  ad  valorem  duty  applicable  to  imports  of
such  goods.’  shall  be  replaced  by  "For  the  goods  listed  in  Table  2  of  Annex  B,  the  agri(cid:220)
cultural  component  of  the  charge  shall  be  part  of  the  charge  applicable  to  imports  of  such
goods.’;

3.(cid:217)Article  1(3)  is  deleted;  Article  1(4)(cid:220)(10)  shall  be  renumbered  Article  1(3)(cid:220)(9);

4.(cid:217)the  second  paragraph  of  Article  2  is  deleted.

Statement  by  the  Commission

"The  Commission  will  propose,  pursuant  to  Article  13(1)  of  Council  Regulation  (EEC)  No
1766/92  on  the  common  organisation  of  the  market  in  cereals  and  the  equivalent  provisions  of
the  other  Regulations  on  the  common  organisation  of  the  markets  providing  for  the  granting
of  refunds  for  certain  agricultural  products  exported  in  the  form  of  goods  not  covered  by
Annex  II  to  the  Treaty,  and  under  the  procedure  provided  for  in  Article  16  of  Regulation  (EC)
No  3448/93,  appropriate  measures  ensuring  that  the  payment  of  the  refunds  in  question  is
within  the  limits  resulting  from  the  agreements  concluded  pursuant  to  Article  228  of  the
Treaty.’

(˛)(cid:217)OJ  L  349,  31.12.1994,  p.  105.

Proposal  for  a  Council  Directive  amending  for  the  second  time  Directive  90/394/EEC  on  the
protection  of  workers  from  the  risks  related  to  exposure  to  carcinogens  at  work

(98/C  123/12)

(Text  with  EEA  relevance)

COM(1998)  170  final  -  98/0093(SYN)

(Submitted  by  the  Commission  on  18  March  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  118a  thereof,

Having  regard  to  Council  Directive  90/394/EEC  of
28  June  1990  on  the  protection  of  workers  from  the  risks
related 
to  carcinogens  at  work(cid:216)(˛),  as
amended  for  the  first  time  by  Directive  97/42/EC(cid:216)(ˇ),

to  exposure 

(˛)(cid:217)OJ  L  196,  26.7.1990,  p.  1.
(ˇ)(cid:217)OJ  L  179,  8.7.1997,  p.  4.

Having  regard  to  the  proposal  from  the  Commission,
drawn  up  following  consultation  with  the  Advisory
Committee  on  Safety,  Hygiene  and  Health  Protection  at
Work,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c  of  the  Treaty,

Whereas  Article  118a  of  the  Treaty  provides  that  the
Council  shall  adopt,  by  means  of  directives,  minimum
requirements  for  encouraging  improvements,  especially