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 Directive of the European Parliament and of the Council amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta agonists amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-08-11
Institutions: European Commission
Subjects: animal breeding, application of EU law, consumer protection, hormone, veterinary drug, veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.8.2003
COM(2003) 489 final

2000/0132 (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

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Council Directive 96/22/EC concerning the prohibition on the use in
stockfarming of certain substances having a hormonal or thyrostatic action and of
beta-agonists

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

2000/0132 (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

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Council Directive 96/22/EC concerning the prohibition on the use in
stockfarming of certain substances having a hormonal or thyrostatic action and of
beta-agonists

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 proposal to amend the Directive was adopted by the Commission on 3 July 2000
as 2000/0132(COD). A modified proposal was presented after the first reading of the
Parliament on 6 March 2001 as 2001/C 180 E/15/ COM(2001) 131 final.

After  fruitful  discussions  held  between  the  three  Institutions  to  prepare  the  second
reading  the  European  Parliament  a  compromise  was  approved  at  the  EP’s  Plenary
session  of  1  July  2003.  It  contains  three  amendments  to  the  Common  Position  for
which Council has signalled its approval in the COREPER meeting of 25 June 2003.

2.

BACKGROUND

Date of transmission of the proposal to the EP and the Council
(2000/0132(COD)):

03.07.2000

Date of the opinion of the European Economic and Social Committee:

19.10.2000

Date of the opinion of the European Parliament, first reading:

Date  of  transmission  of  the  a  modified  proposal  (2001/C  180  E/15)
COM(2001) 131 final:

Date of adoption of the Common Position:

01.02.2001

06.03.2001

20.02.2003

Adoption by Parliament of the Recommendation for a second reading :

01.07.2003

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3.

PURPOSE OF THE PROPOSAL

The  main  aims  of  the  proposed  amendment  to  Directive  96/22/EC  are  to  protect
consumer  health  and  to  reach  compliance  with  World  Trade  Organisation  (WTO)
requirements by basing the Directive on a sound scientific evaluation.

4.

COMMENTS  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT TO THE COMMON POSITION

The  Common  Position  was  based  on  a  modified  Commission  proposal  that  took  several
amendments of the European Parliament into account. As adopted by the Council by qualified
majority, it did not alter the basic objectives of the proposed Directive: to protect  consumer
health  and  reach  WTO  compliance.  The  Common  Position  did  not  propose  an  immediate
complete prohibition of the use oestradiol-17β or its ester-like derivatives but  retained  three
indications on a transitional basis without a fixed deadline.

After its first reading the  European  Parliament  had  agreed  to  the  Commission’s  proposal  to
completely  prohibit  the  use  of  oestradiol-17β  or  its  ester-like  derivatives.  Accordingly  in
second reading the EP Committee  on  the  Environment,  Public Health  and Consumer Policy
(COMENVI) on 22 May 2003 rejected the changes introduced by the Common Position.

In  subsequent  informal  tripartite  meetings  the  EP  rapporteur  and  Council  representatives
could agree on a compromise proposal presented at the EP Plenary on 1 July 2003.

The compromise modifies:

(1) 

(2) 

Recital 12 (Amendment 17) in order to comply with the key modification introduced
in Article 5a;

Article 5a (Amendment 18) by setting a specific date for the phasing out of the use of
oestradiol-17β  and  its  ester-like  derivatives  for  the  induction  of  oestrus  in  cattle,
horses,  sheep  and  goats  (three  years  from  entering  into  force  of  the  Directive
amending 96/22/EC);

(3) 

Article 11a, paragraph 1 (Amendment 19) by specifying the content of the report that
the Commission will have to present.

The Commission supports these amendments.

5.

CONCLUSION

The  Commission  supports  the  compromise  proposal  presented  at  the  EP  Plenary  on  1  July
2003 as it meets the its main objectives (to protect consumer health and to reach compliance
with the requirements of the World Trade Organisation).

In  accordance  with  Article  250  (2)  of  the  EC  Treaty,  the  Commission  amends  its  proposal
accordingly.

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