European Parliament legislative resolution of 15 January 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community and Regulation (EC) No 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs — transport aspects (COM(2007)0090 — C6-0086/2007 — 2007/0037A(COD))
Date: 2008-01-15
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: carriage of goods, competition law, economic discrimination, food inspection, foodstuff, health legislation, transport company, transport price

C 41 E/90

Official Journal of the European Union

EN

19.2.2009

Tuesday 15 January 2008

Amendment of Directive 95/50/EC (implementing powers conferred on the
Commission) ***I

P6_TA(2008)0002

European Parliament legislative resolution of 15 January 2008 on the proposal for a directive of the
European Parliament and of the Council amending Directive 95/50/EC as regards the implementing
powers conferred on the Commission (COM(2007)0509 — C6-0278/2007 — 2007/0184(COD))

(2009/C 41 E/15)

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2007)0509),

— having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0278/2007),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism (A6-0506/2007),

1.

Approves the Commission proposal;

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal

2.
substantially or replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

Abolition of discrimination in transport rates and conditions ***I

P6_TA(2008)0003

European Parliament legislative resolution of 15 January 2008 on the proposal for a regulation of
the European Parliament and of the Council amending Regulation No 11 concerning the abolition
of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty
establishing the European Economic Community and Regulation (EC) No 852/2004 of the European
Parliament and the Council on the hygiene of foodstuffs — transport aspects (COM(2007)0090 —
C6-0086/2007 — 2007/0037A(COD))

(2009/C 41 E/16)

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2007)0090),

— having regard to Article 251(2) and Articles 75(3), 95 and 152(4)(b) of the EC Treaty, pursuant to

which the Commission submitted the proposal to Parliament (C6-0086/2007),

19.2.2009

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Official Journal of the European Union

C 41 E/91

Tuesday 15 January 2008

— having regard to the decision by the Conference of Presidents on 5 July 2007 to authorise the
Committee on the Environment, Public Health and Food Safety and the Committee on Transport and
Tourism to draw up one legislative report each on the basis of the abovementioned Commission
proposal,

— having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

— having regard to Rules 51 and 35 of its Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism (A6-0513/2007),

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

2.
substantially or replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
TITLE

Regulation of the European Parliament and of the Council
amending Regulation No 11 concerning the abolition of discri-
mination in transport rates and conditions, in implementation
of Article 79(3) of
the Treaty establishing the European
Economic Community and Regulation (EC) No 852/2004 of
the European Parliament and the Council on the hygiene of
foodstuffs

Council Regulation amending Regulation No 11 concerning the
abolition of discrimination in transport rates and conditions, in
implementation of Article 79(3) of the Treaty establishing the
European Economic Community

Amendment 2
CITATION 1

Having regard to the Treaty
establishing the European
Community, and in particular Article 75(3), Article 95 and
Article 152(4)(b) thereof,

Having regard to the Treaty
Community, and in particular Article 75(3) thereof,

establishing the European

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

deleted

Amendment 3
CITATION 5

Amendment 4
RECITAL 3

(3)
Article 5(1) of Regulation (EC) No 852/2004 requires
that all food business operators put in place, implement and
maintain a procedure based on the Hazard Analysis Critical
Control Point (HACCP) principles.

deleted

C 41 E/92

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19.2.2009

Tuesday 15 January 2008

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 5

RECITAL 4

deleted

(4)
Experience has shown that in certain food businesses,
food hygiene can be ensured by the correct implementation of
the food hygiene requirements laid down in Regulation (EC)
No 852/2004 without having recourse to the HACCP system.
The businesses concerned are in particular small businesses
predominantly selling their products directly to the final con-
sumer, such as bakeries, butchers, grocery shops, market
restaurants, and bars, which are micro-enterprises
stalls,
within
of Commission Recommendation
2003/361/EC of 6 May 2003 concerning the definition of
micro, small and medium-sized enterprises.

the meaning

Amendment 6

RECITAL 5

(5)
It is appropriate therefore to provide an exemption to
those businesses from the requirement of Article 5(1) of Reg-
ulation (EC) No 852/2004, it being understood that they must
comply with all the other requirements of that Regulation.

deleted

Amendment 7

RECITAL 6

(6)
As the amendment of Regulation (EC) No 852/2004
and that of Regulation No 11 have the common aim of redu-
cing administrative burdens on businesses, without changing
the underlying purpose of those Regulations, it is appropriate
to combine these amendments in a single Regulation

deleted

Amendment 8

ARTICLE 2
Article 5(3) (Regulation (EC) No 852/2004)

Article 2

deleted

In Article 5(3) of Regulation (EC) No 852/2004, the following
sentence is added:

Without prejudice to the other requirements of this Regula-
tion, paragraph 1 shall not apply to businesses which are
micro-enterprises within the meaning of Commission Recom-
mendation 2003/361/EC of 6 May 2003 and the activities of
which consist predominantly in the direct sale of food to the
final consumer.