Opinion of the European Economic and Social Committee on the Proposal for a Council Directive laying down minimum standards for the protection of calves (codified version) COM(2006) 258 final — 2006/0097 (CNS)
Date: 2006-10-26
Institutions: European Economic and Social Committee
Subjects: Council of the European Union, EC Directive, calf, codification of EU law, livestock farming, protection of animals, veterinary legislation

C 324/26

EN

Official Journal of the European Union

30.12.2006

Opinion of the European Economic and Social Committee on the Proposal for a Council Directive
laying down minimum standards for the protection of calves (codified version)

COM(2006) 258 final — 2006/0097 (CNS)

(2006/C 324/11)

On 22 June 2006 the Council decided to consult the European Economic and Social Committee, under
Article 37 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 8 September 2006. The rapporteur was
Mr Nielsen.

Due to the renewal of the Committee's term of office, the Plenary Assembly decided to vote on this opinion
at its October plenary session and appointed Mr Nielsen as rapporteur-general under Rule 20 of the Rules
of Procedure.

At its 430th plenary session, held on 26 October 2006, the European Economic and Social Committee
adopted the following opinion unanimously.

1. Background

The Commission proposal seeks, using the accelerated
1.1
procedure provided for in the interinstitutional agreement of 20
December 1994, to codify Directive 91/629/EEC laying down
minimum standards for the protection of calves. Codification is
used for legal instruments that have become difficult to under-
stand as a result of frequent amendments.

1.2
The directive in question has been thoroughly revamped
on a number of occasions, making it difficult for the intended
users of the legislation to understand its content and scope
without legal research and clarification of the text currently in
force.

2. The EESC's comments

2.1
For these reasons, the European Economic and Social
Committee endorses the proposal for codification, which makes
it easier for Europe's citizens to access EU law and helps secure
better lawmaking — a concern advocated and voiced by the
Committee in earlier opinions (1).

2.2
Under Article 6 of the Directive, the Commission was
supposed, not later than 1 January 2006, to submit to the
Council a report, drawn up on the basis of an opinion from the
European Food Safety Authority (EFSA), on the intensive
farming system(s) which comply with the requirements of the
from the pathological, zootechnical,
well-being of

calves

Brussels, 26 October 2006.

physiological and behavioural point of view, as well as the
socio-economic implications of different systems. The report
was also to include proposals relevant to its own conclusions.
The Council was then to act by a qualified majority on these
proposals no later than three months after their submission.

2.3
This did not happen, yet, despite the fact that the dead-
line has long since expired, the Commission now appears to be
proposing that codification be carried out with effect from that
date, thereby,
in effect, ruling out the use of the simplified
procedure since any amendment would require a fresh decision.

As the EESC has frequently pointed out, it is unaccep-
2.4
table for institutions and the Member States to lay down dead-
lines they themselves are unable to meet. This undermines
respect for — and confidence in — EU rules, with the upshot
that other stakeholders also feel under no obligation to meet the
specified deadlines either.

In its proposal for an Action Plan on the Protection and
2.5
Welfare of Animals,
the Commission also announced the
‘submission of a report to Council and the European Parliament
for
on the protection of calves kept
2008 (2). This draft report will be based on the EFSA report
published in June 2006 (3). The Commission will now be
studying the report, gathering additional data, assessing the
social and economic aspects and consulting with experts,
Member States and other stakeholders before the submission of
any tangible proposals. The EESC welcomes the basic preli-
minary work, but deplores the failure to meet the deadline.

for farming purposes’

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(1) Including the EESC's 2005 exploratory opinion on Better Lawmaking —

OJ C 24, 31.1.2006, p. 39.

(2) COM(2006) 13 final, 23.1.2006.
(3) http://www.efsa.europa.eu/science/ahaw/ahaw_opinions/1516_en.

html.