CELEX: 51985PC0578
Language: en
Date: 1985-10-28
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 64/432/EEC AS REGARDS THE DEFINITIVE ARRANGEMENTS MADE IN RELATION TO ENZOOTIC BOVINE LEUKOSIS AS LAID DOWN BY DIRECTIVE 80/1102/EEC

No C 297/6                                Official Journal of the European Communities                                 20.11.85
 5.    The detailed rules for the application of this Article          3.     The Commission shall adopt the measures, which
 shall be mutatis mutandis, those laid down in Commission              shall be immediately applicable^ However, if such
 Regulation (EEC) No 1685/78 (').                                      measures are not in accordance with the opinion of the
                                                                       Standing Committee for the Fishing Industry, the
                          Article 14                                   Commission shall communicate them forthwith to the
                                                                       Council. In that case, the Commission may defer the
 Applications for assistance submitted to the Commission               application of the measures which it has adopted for not
 but which could not be granted owing to the                           more than one month from the date of such communi-
 insufficiency of the resources available may, with the                cation. The Council may, acting by a qualified majority,
 agreement of the applicants, be carried forward to the                adopt a different decision within one month.
 following financial year by the Member State concerned.
 Requests that such applications be carried forward shall                                        Article 16
 be submitted to the Commission within a period of 30
 days from the date on which the Member State receives                  1.    The granting of Community assistance must not
 notification of the result of the procedure laid down in              affect the conditions of competition in such a way as to
 Article 15. An application for assistance may, however,               be incompatible with the principles laid down in the
 be carried forward once only.                                         Treaty.
                                                                       2.     Articles 92, to 94 of the Treaty shall apply in
                          Article 15                                   respect of matters covered by this Regulation.
 1.    Where the procedure laid down in this Article is to                                       Article 17
 be followed, the matter shall be referred to the Standing
 Committee for the Fishing Industry by the chairman                    1.     The duration of this measure shall be three years
 thereof, either on his own initiative, or at the request of           commencing on 1 January 1986.
the representative of a Member State.
                                                                       2.     The provisional cost to be borne by the Community
 2.    The representative of the Commission shall submit               is estimated at 10 million ECU.
 a draft of the measures to be adopted. The Standing
                                                                                                Article 18
 Committee for the Fishing Industry shall deliver an
opinion on those measures by a majority of 54 votes                   This Regulation shall enter into force on the third day
within a time limit which may be set by the chairman                   following its publication in the Official Journal of the
according to the urgency of the matter under examin-                   European Communities.
ation; the votes of the Member States shall be weighted
as provided for in Article 148 (2) of the Treaty. The                 It shall apply from 1 January 1986, subject to the entry
chairman shall not vote.                                               into force of the Treaty of accession of Spain and
                                                                      Portugal.
                                                                      This Regulation shall be binding in its entirety and
(') OJL 197, 22. 7. 1978, p. 1.                                       directly applicable in all Member States.
              Proposal for a Council Directive amending Directive 64/432/EEC as regards the definitive
              arrangements made in relation to enzootic bovine leukosis as laid down by Directive
                                                           80/1102/EEC
                                                         COM(85) 578 final
                                (Submitted by the Commission to the Council on 5 November 1985)
                                                           (85/C 297/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Having regard to the opinion of the Economic and
                                                                      Social Committee,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43
thereof,
                                                                      Whereas Council Directive 80/1102/EEC (') which
                                                                      amends Council Directive 64/432/EEC of 26 June 1964
Having regard to the proposal from the Commission,                    on animal health problems affecting intra-Community
Having regard to the opinion of the European Par-
liament,                                                              (*) OJ No L 325, 1. 12. 1980, p. 18.
 ---pagebreak--- 20. 11. 85                                Official Journal of the European Communities                             No C 297/7
trade in bovine animals and swine ('), as last amended by            Whereas the said arrangements have functioned sat-
Directive 84/644/EEC (2), lays down common health                    isfactorily during the transitional period, giving all
guarantees regarding enzootic bovine leukosis as                     necessary guarantees; whereas the arrangements applied
applicable to bovine animals intended for intra-                     during that period should therefore now be made
Community trade;                                                     definitive,
                                                                     HAS ADOPTED THIS DIRECTIVE:
Whereas Article 1 of Directive 80/1102/EEC included
protective measures against enzootic bovine leukosis in                                       Article 1
Directive 64/432/EEC for a transitional period ending
                                                                     Article 3 of Directive 80/1102/EEC is hereby deleted.
on 31 December 1985;
                                                                                              Article 2
Whereas Article 3 of Directive 80/1102/EEC requires
that proposals be made concerning the definitive                     Member States shall bring into force the laws, regu-
arrangements relating to enzootic bovine leukosis;                   lations and administrative provisions necessary to comply
                                                                     with this Directive by 1 January 1986 at the latest. They
                                                                     shall forthwith inform the Commission thereof.
                                                                                              Article 3
(') OJ No L 121, 29. 7. 1964, p. 1977/64.
O OJ No L 339, 27. 12. 1984, p. 30.                                  This Directive is addressed to the Member States.