Outcome of proceedings of the Working Party on Codification of Legislation

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Tekst
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1. Tekst

Proposal for a Council Regulation setting up a Community system of reliefs from customs duty (codified version) Master copy: EN doc. 17278/08 CODIF 172 UD 230 COM(2008) 842 final - 2008/0235 (CNS) Language-related comments received so far: CS, DE, ES, FI, FR, LV, NL, PL, SI, SK, SE This proposal was discussed at the meetings on 30 January 2009 (see Outcome 6794/09), 11 March 2009 (see Outcome 7964/09) and 24 April 2009 (see Outcome 9684/09), 12 June 2009 (see Outcome 11186/09) and 17 July 2009.

Vacatio legis

It was decided that the new Regulation shall apply from 1 January 2010.

Article 134 shall read:

"This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union . It shall apply from 1 January 2010."

The text was agreed as proposed by the Commission, with the above-mentioned change and including the suggestions made in the opinion of the Consultative Working Party, as well as the points contained in Outcome 11186/09.

2.

Proposal for a Council Regulation on protection against dumped imports from countries not members of the European Community (codified version) Master copy: EN doc. 8784/09 CODIF 35 COMER 56 OC 1 COM(2009) 168 final - 2009/0052 (CNS) Language-related comments received so far: CS, ES, FI, RO, SK, SE This proposal was discussed at the meetings on 12 June 2009 (see Outcome 11186/09) and 17 July 2009. Points 3 and 4 of the opinion of the Consultative Working Group dated 16 June 2009 It was decided to pursue the codification exercise on the basis of the text of Council Regulation No 386/96, as last amended by Council Regulation (EC) No 2117/2005, it being understood that the Commission may present a proposal updating the list of countries concerned in points (a) and (b) of Article 2(7) of the codified version of Regulation No. 386/96. The text was agreed as proposed by the Commission, with the changes contained in Outcome 11186/09 and including the suggestions made in the opinion of the Consultative Working Party. 3. Proposal for a Directive of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual media Services Directive) (codified version) Master copy: EN doc. 9435/09 CODIF 47 CODEC 677 AUDIO 20 TELECOM 95 CONSOM 101 PI 36 COM(2009) 185 final - 2009/0056 (COD) Language-related comments received so far: CS, ES, FI, LV, PT, SK, UK This proposal was discussed at the meetings on 12 June 2009 (see Outcome 11186/09) and 17 July 2009. Correction of numbering of recitals in the EN version Recitals 3 to 106 shall be renumbered as Recitals 2 to 105. Recital 3 The words "European Convention on Transfrontier Television" shall be presented between square brackets.

Recital 35 "Broadcaster" shall be replaced by "media service provider". Order of recitals The order of the recitals shall be: 1-65, 70, 67-69, 71, 72, 66, 73, 74... Recital 89 "Broadcaster" shall be replaced by "media service provider". Article 1(4) "European works within the meaning of paragraph 1 (n) or paragraph 2" shall be adapted so as to read "European works within the meaning of paragraph 1 (n)". Title of Article 25 The indication of the article number shall be separated from the wording of the first paragraph of that article. The text was agreed as proposed by the Commission, with the above-mentioned adaptations, and including the suggestions made in the opinion of the Consultative Working Party. 4. Proposal for a Directive of the European Parliament and of the Council relating to appliances burning gaseous fuels (codified version) Master copy: EN doc. 14715/07 CODIF 49 CODEC 1181 ENT 136 COM(2007) 633 final 2007/0225 (COD) Language-related comments received so far: BG, ET, MT, PL, SK This proposal was discussed at the meetings on 12 June 2009 (see Outcome 11186/09) and 17 July 2009. Recital 8 The definition of "harmonised standards" (to be found in Article 1(2)(c) of the proposal) shall be reinstated as the last sentence of recital 8. Article 1(2)(c) The definition of "harmonised standards" shall be deleted (point (d) will become point (c)). Article 2(1) The words "referred to in Article 1" shall be deleted. Article 8(4) The words "which apply to them" shall be reinstated.

Article 11(a) The word "product" shall be reinstated (instead of "appliance"). Article 13 The word "main" shall be deleted. Note from the Chair on the use of the terms "CE marking"/"CE conformity marking" In the light of further comments received by the delegations after the meeting, the solution of leaving the text of the proposal as it stands (i.e. use of both "CE marking" and "CE conformity marking") does not appear to be satisfactory. The chair therefore suggests to align the termino logy of this Directive with that of the most recent legislation and to consistently use the term "CE marking". Subject to confirmation of delegations' agreement on the above suggestion at the next meeting, the text was agreed as proposed by the Commission, with the above-mentioned adaptations, and including point 1 of the opinion of the Consultative Working Party. 5. Proposal for a Council Directive on animal health conditions governing intra Community trade in, and imports from third countries of, poultry and eggs for hatching (codified version) Master copy: EN doc. 10158/09 CODIF 54 OC 3 AGRILEG 72 COM(2009) 227 final 2009/0067 (CNS) Language-related comments received so far: AT, DA, DE, HU, LV, PL, SK This proposal was discussed at the meeting on 17 July 2009. Article 2 point 14 of the proposal A corrigendum has been prepared in order to correct Article 2 point 14 of Directive 90/539/EEC in EN and any other languages concerned. It shall read: "'outbreak' means an outbreak as defined in Directive 82/894/EEC." Article 2 point 16 of the proposal A corrigendum has been prepared in order to correct Article 2 point 17 of Directive 90/539/EEC in EN and any other languages concerned. It shall read: 'sanitary slaughter' means the destruction, subject to all the necessary health safeguards including disinfection, of all poultry and products which are infected or suspected of being contaminated.' Article 34 of the proposal (Article 30(2) of 90/539/EEC) AT: questions whether the amendment to Directive 90/425/EEC can be deleted, although the latter has not been consolidated, and whether the clause in Article 37 is sufficient in this respect ; suggests to preserve Article 30(2) of 90/539/EEC in the correlation table.

Cion: the deletion of the provision concerning the amendment of Directive 90/425 was carried out in the codified text according to the standard rules of codification. The abovementioned provision became obsolete and was therefore deleted in the codification proposal. Chair: the Directive to be codified, Council Directive 90/539/EEC, contains in its Article 30(2) amendments to Directive 90/425/EEC. The reader cannot directly identify Directive 90/539/EEC as an act amending further acts, as its title does not include the wording 'and amending Directive...'. For reasons of legal clarity, it would be appropriate, in such cases, to keep a trace of the provision in a codified or recast act which amends another act. Therefore, the codified or recast act should not be repealed in its entirety, but keep 'alive' the amending provision concerned. Consequently, Article 37 of the proposal should read: 'Directive 90/539/EEC, as amended by the acts listed in Annex VI, Part A, is repealed, with the exception of Article30(2)...' Annex VI, Part A, of the proposal should read: 'Council Directive 90/539/EEC except Article 30(2)' (OJ L 303, 31.10.1990, p. 6) FR, ES and NL : support Commission's view. FR however notes that the traceability of the amendment is a concern. Annex IV, Model 2, Part II.1(a) The reference to 'Commission Decision 2006/696/EC' shall be replaced by a reference to 'Regulation (EC) No 798/2008'. Annex IV, Model 2, Notes to Part II, footnote 3 The reference to 'Article 10 of Commission Decision 2006/696/EC' shall be replaced by the reference to 'Part II of Annex VIII to Regulation (EC) No 798/2008'. The Working Party will revert to the proposal at its next meeting in order to find a solution for Article 30(2) of 90/539/EEC. 6. Amended proposal for a Council Directive on pure-bred breeding animals of the bovine species (codified version) Master copy: EN doc. 10846/09 CODIF 58 AGRILEG 104 COM(2009) 235 final 2006/0250 (CNS) Language-related comments received so far: AT, CS, DE, SK This proposal was discussed at the meeting on 17 July 2009.

Annex I Part A

instead of: "... Point II.A.65 of Annex I to the 1979 Act of Accession (OJ L 291, 19.11.1979, p. 64) .... Point V.F.I.A.60 of Annex I to the 1994 Act of Accession (OJ C 241, 24.8.1994, p. 155) ...",

read as follows: "... Point II.A.65 and Point II.E.6 of Annex I to the 1979 Act of Accession (OJ L 291, 19.11.1979, p. 68 and 85) .... Point V.F.I.A.60 of Annex I to the 1994 Act of Accession (OJ C 241, 29.8.1994, p. 155) The text was agreed as proposed by the Commission, with the above-mentioned changes and including the suggestions made in the opinion of the Consultative Working Party, subject to AT scrutiny reserve on points 2, 3, and 4 of the Opinion of the Consultative Working Party. 7. AOB The following dates have been reserved for meetings of the Working Party on Codification during the Swedish Presidency for after the summer break (as usual half-day meetings, afternoon only) :

18 September 2009, 23 October 2009, 4 December 2009

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