Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-07-16
Institutions: European Commission
Subjects: animal disease, drafting of EU law, food inspection, health legislation, health policy, infectious disease, veterinary legislation, zoonosis

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.7.2003
COM(2003) 434 final

2001/0177 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament’s amendments
to the Council’s common position regarding the
proposal for

A REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the control of salmonella and other specified food-borne zoonotic agents

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

2001/0177 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament’s amendments
to the Council’s common position regarding the
proposal for

A REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the control of salmonella and other specified food-borne zoonotic agents

1.

INTRODUCTION

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  provides  that  the
Commission is to deliver an opinion on the amendments proposed by the European
Parliament at second reading.

The Regulation is one of the two proposals that form part of the “zoonoses package”
adopted by the Commission on 1 August 2001, as COM(2001) 452 final:

– 

– 

a Directive of the European Parliament and of the Council on the monitoring of
zoonoses  and  zoonotic  agents,  amending  Council  Decision  90/424/EEC1  and
repealing Council Directive 92/117/EEC2: 2001/0176 (COD)3;

a Regulation of the European Parliament and of the Council on the control of
salmonella and other specified food-borne zoonotic agents: 2001/0177 (COD)4.

The  two  proposals  were  handled  simultaneously  along  the  co-decision  procedure,
because  of  the  links  between  the  two  texts.  The  new  Directive  repeals  Directive
92/117/EEC and contains the financing provisions for both the new Directive and the
new Regulation.

In  second  reading,  the  Parliament  approved  the  common  position  on  the  Directive
and therefore the present opinion does not cover the Directive.

As regards the Regulation, the fruitful discussions held between the three Institutions
to prepare the second reading, led the European Parliament to approve at its Plenary
session  of  19  June  2003,  6  amendments  that  the  Council  stated  it  would  be  in  a
position to approve.

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2

3

4

OJ L 224, 18.8.1990, p. 19; Decision as last amended by Regulation (EC) No 806/2003 of the Council
(OJ L 122, 16.5.2003, p. 1).
OJ  L  62,  15.3.1993,  p.  38;  Directive  as  last  amended  by  Directive  1999/72/EC  of  the  European
Parliament and of the Council (OJ L 210, 10.8.1999, p. 12).
OJ C 304 E, 30.10.2001, p. 250.
OJ C 304 E, 30.10.2001, p. 260.

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2.

BACKGROUND

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– 

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– 

– 

– 

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Adoption of the proposals by the Commission: 1 August 20015

Opinion of the European Economic and Social Committee on both proposals:
20 February 20026

Opinion of the European Parliament at first reading on both proposals: 15 May
20027
Date of adoption of both revised Commission proposals: 27 November 20028

Date of political agreement in Council on both proposals: 28 November 2002
(qualified majority with support the Commission)
Date of adoption of the common positions on each proposal: 20 February 20039

Adoption by Parliament of the Recommendation for a second reading : 19 June
2003

3.

PURPOSE OF THE PROPOSAL

The  purpose  of  the  “zoonoses  package”  is  to  revise  and  replace  Directive
92/117/EEC  of  the  Council  concerning  measures  for  protection  against  specified
zoonoses  and  specific  zoonotic  agents  in  animals  and  products  of  animal  origin  in
order to prevent outbreaks of food-borne infections and intoxications.

The  Regulation  on  control  of  salmonella  and  other  specified  food-borne  zoonotic
agents  provides  for  effective  measures  to  be  progressively  implemented  to  control
specified food-borne zoonotic  agents, primarily  in specified  animal  populations  but
possibly also at other stages of the food chain where appropriate, in order to reduce
the risk these agents pose to public health. The primary aim is to control salmonella
with public health significance in critical categories of animals. The objectives of the
Regulation are to:

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progressively  set  Community  targets  for  the  reduction  of  the  prevalence  of
specified zoonotic agents and implement related national control programmes;

provide for a procedure by which the use of specific control measures may be
subject to particular requirements or restrictions;

provide for rules for trade and imports of live animals and hatching eggs to be
set;

set  specific  requirements  concerning  animal  populations  covered  by  control
measures and, where appropriate, after transitional periods have elapsed.

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6

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COM(2001) 452 final of 1.8.2001.
OJ C 94, 18.4.2002, p. 18.
Opinion of the EP of 15 May 2002 (not yet published on the OJ).
COM(2002) 684 final of 27.11.2002.
OJ C 90E, 15.4.2003, p. 9 and p. 25 respectively for the Directive (common position (EC) No 13/2003)
and for the Regulation (common position (EC) No 14/2003).

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4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT  TO  THE  COMMON  POSITION  REGARDING  THE  REGULATION  OF  THE
EUROPEAN PARLIAMENT AND OF THE COUNCIL ON THE CONTROL OF SALMONELLA
AND OTHER SPECIFIED FOOD-BORNE ZOONOTIC AGENTS (2001/0177 (COD))

4.1. Amendments accepted by the Commission

(cid:1)

(cid:1)

(cid:1)

(cid:1)

Amendment 2 on the outcome of cost/benefit analyses to be provided by
the  Commission  when  defining  Community  targets  is  acceptable,  as  it
avoids  misinterpretation  of  the  word  “favourable”  mentioned  in  the
common position. The Commission clarified its intention in a declaration
(see  in  Annex).  The  amendment  does  not  hamper  the  principle  of
preliminary  cost/benefit  analyses  when  defining  Community  targets
pursuant to the Regulation.

Amendment  6  relating  to  Article  1,  paragraph  1,  is  acceptable  as  it
clarifies  further  the  purpose  of  the  Regulation  and  it  is  consistent  with
Article 1.2 (a).

Amendment  7  on  to  the  scope  of  the  Community  targets  during
transitional  periods  is  acceptable.  The  first  part  of  the  amendment
concerning  the  use  of  historical  data  to  define  salmonella  serotypes
composing  the  target  on  breeding  flocks  of  Gallus  gallus  during  the
transitional period, provides more flexibility than the text in the common
position  to  use  available  data  in  the  most  appropriate  way.  The
Commission  clarified  its  intention  in  a  declaration  (see  Annex).  The
second  part  of  the  amendment  can  be  accepted  because  it  is  consistent
with the general principle established in Article 4, paragraph 4, to define
targets on the basis of cost/benefit analyses.

Amendments 8, 9 and 10 relating to Annex III on the specific criteria to
determine  salmonella  serotypes  with  public  health  significance,  are
acceptable.  Amendment  8  has  a  similar  purpose  as  the  first  part  of
amendment 7. Amendment 9 makes reference to feed, which is consistent
with  the  need  to  consider  feed  as  a  source  of  infection  of  animal
populations.  National  control  programmes  have  to  cover  the  feed
industry.  Amendment  10  adds  to  the  list  of  criteria,  whether  serotypes
have  a  profile  making  them  particularly  hazardous  for  humans.  The
Commission can support that amendment.

4.2. Amendments rejected by the Commission

There are none.

5.

CONCLUSIONS

Pursuant to Article 250 (2) of the Treaty, the Commission amends its proposal as set
out above.

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ANNEX

Commission declarations in the framework of the second reading on the proposal for a
Regulation of the European Parliament and of the Council on the control of salmonella
and other specified food-borne zoonotic agents

In relation to Article 4(4)(c):

The Commission  declares that, in  relation  to  Article  4(4)(c),  it  will  take  due  account  of  the
results  of  cost/benefit  analyses  and  other  legitimate  factors.  It  will  not  propose  targets  that
would  lead  to  disproportionate  costs  in  comparison  to  the  expected  benefits  of  Community
action.

In relation to Article 4(5), subpara. 2

The Commission declares that, in relation to the use of data on human salmonellosis collected
through  EC  monitoring  systems  to  define  salmonella  serotypes  with  public  health
significance,  it  will  take  account  both  of  historical  data  and  of  recent  trends,  as  most
appropriate to the circumstances.

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