Common Position (EC) No 23/2003 of 17 March 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council amending Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (Text with EEA relevance)
Date: 2003-03-17
Institutions: Council of the European Union
Subjects: amendment of a law, animal experimentation, animal welfare, approximation of laws, protection of animals, scientific research

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COMMON POSITION (EC) No 23/2003

adopted by the Council on 17 March 2003

with a view to adopting a directive 2003/. . ./EC of the European Parliament and of the Council of
. . . amending Council Directive 86/609/EEC on the approximation of laws, regulations and admin-
istrative provisions of the Member States regarding the protection of animals used for experi-
mental and other scientific purposes

(2003/C 113 E/04)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

procedures
exercise of
conferred on the Commission (6).

the

for

implementing powers

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

(6) Therefore Directive 86/609/EEC should be

amended

accordingly,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

In Directive 86/609/EEC the following Articles
inserted:

shall be

concerning

(1) On 23 March 1998 the Council

adopted Decision
1999/575/EC
the
Community of the European Convention for the protection
of vertebrate animals used for experimental and other
scientific purposes (4)
the
(hereinafter
Convention).

referred to as

conclusion

the

by

(2) Council Directive 86/609/EEC (5) is the implementing tool
of the Convention incorporating the same objectives as the
Convention.

(3) Annex II to Directive 86/609/EEC containing guidelines for
accommodation and care of animals takes over Appendix A
to the Convention. The provisions contained in Appendix A
to the Convention and the Annexes to the said Directive are
of a technical nature.

(4) It is necessary to ensure the consistency of the Annexes to
Directive 86/609/EEC with the latest scientific and technical
developments and results of research within the fields
covered. Currently, changes to the Annexes can only be
adopted by the long-drawn-out co-decision procedure
with the consequence that their content is lagging behind
the latest developments in the field.

(5) The measures necessary for the implementation of

this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the

(1) OJ C 25 E, 29.1.2002, p. 536.
(2) OJ C 94, 18.4.2002, p. 5.
(3) Opinion of

the European Parliament of 2 July 2002 (not yet
published in the Official
Journal), Council Common Position of
17 March 2003 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

‘Article 24a

The measures necessary for the implementation of this
Directive relating to the subject matters
referred to
below shall be adopted in accordance with the regulatory
procedure set out in Article 24b(2):

— Annexes to this Directive.

Article 24b

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles
5 and 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.’

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
forthwith inform the
Directive before . . . (*). They shall
Commission thereof.

(4) OJ L 222, 24.8.1999, p. 29.
(5) OJ L 358, 18.12.1986, p. 1.

(6) OJ L 184, 17.7.1999, p. 23.
(*) One year after the date of entry into force of this Directive.

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When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, . . .

Article 3

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 28 November 2001, the Commission submitted to the Council a proposal for a Directive of the
European Parliament and of the Council amending Council Directive 86/609/EEC on the approxi-
mation of laws, regulations and administrative provisions of the Member States regarding the
protection of animals used for experimental and other scientific purposes.

2. The Economic and Social Committee submitted its opinion on 19 March 2002.

The European Parliament adopted its opinion at first reading on 19 June 2002.

3. On 17 March 2003, the Council adopted its common position in accordance with Article 251(2) of

the Treaty.

II. OBJECTIVE

Directive 86/609/EEC (on the protection of animals used for experimental and other scientific
purposes) is the implementing tool for Council of Europe Convention ETS 123 (on the protection
of vertebrate animals used for experimental and other scientific purposes), of which the Community is
a Party. Annex 2 of the Directive takes up Appendix A of the convention, containing guidelines for the
housing and care of laboratory animals.

The Council of Europe has opened for signature and ratification a ‘Protocol of Amendment’ to the
Convention. It provides for amending the Appendices by a simplified procedure rather than by the
usual procedure that involves ratification by all parties. This would allow the Convention to keep
up-to-date with the latest scientific knowledge and research on the welfare of the laboratory animals
quicker and much more flexibly than today. The Commission has proposed a Council decision on the
conclusion of that Protocol of Amendment on behalf of the European Community.

In order to have the implementing legislation in line with the Protocol of Amendment, the Commission
has proposed the present Directive amending Council Directive 86/609/EEC. This amendment is aimed
at providing for a regulatory committee procedure instead of the full co-decision process for a more
flexible introduction of changes to the Annexes of Directive 86/609/EEC.

III. ANALYSIS OF THE COMMON POSITION

1. European Parliament amendments

the European Parliament adopted the Commission proposal unchanged,

As
amendments to be taken into account.

there are no

2. Innovations introduced by the Council

— In Article 1, the Council has introduced the standard wording for the reference to the comi-

tology procedure.

— In Article 2, the Council has specified the time limit for compliance with the Directive by setting
it to one year following the publication of the Directive in the Official Journal of the European
Union.

— Recitals 3 and 5 have been slightly rephrased without changing the substance.

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IV. CONCLUSION

The Council welcomes and supports the Commission proposal as useful and appropriate.

However, in contrast to the European Parliament, the Council is not able to accept the Commission
insists on the standard wording for the reference to the comitology
proposal unchanged, as it
procedure.