Outcome of proceedings of the Working Party on Codification of Legislation

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COUNCIL OFBrussels, 8 February 2011 THE EUROPEAN UNION 6262/11 CODIF 14 OUTCOME OF PROCEEDINGS from : Working Party on Codification of Legislation

on : 24 January 2011 Subject : Outcome of proceedings of the Working Party on Codification of Legislation The agenda (CM 1165/11) was approved. The basis for the discussion was a room document of 24 January 2011, which summarizes the observations made by delegations and, where available, the Commission's replies.

  • 1. 
    Amended proposal for a Directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (codified version) Master copy: EN - doc. 14162/10 CODIF 16 CODEC 911 FIN 420 COM(2010) 388 final 2008/0173(COD) Language-related comments received: CZ, ET, NL, SK

It follows from the opinion of the Consultative Working Group of 12 October 2010 (doc. 14967/10) that Article 6(3) of the Second Council Directive 77/91/EEC (corresponding to Article 6(2) of the codified text) provides for a secondary legal basis which needs to be removed in the light of the judgment of the Court of Justice of 6 May 2008 in Case C-133/06. Since the adjusting of that provision would imply a substantive change, it was agreed to suspend the procedure for the adoption of the codification proposal, which has been transformed into a recast proposal which was submitted to the European Parliament and the Council on 1 February 2011. The Commission has declared that in this recast proposal it has already taken into account the above language-specific comments submitted for the codification proposal.

  • 2. 
    Proposal for a Directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified version) Master copy: EN - doc. 14499/10 CODIF 17 CODEC 961 AGRI 381 CONSOM 88 COM(2010) 506 final 2010/0259 (COD) Language-related comments received: AT, DE, EL, SK The opinion of the Consultative Working Group (doc. 16704/10) confirms that the proposal is a straightforward codification which does not entail any substantive change of the acts to be codified. The text was agreed as proposed by the Commission.
  • 3. 
    Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (codified version) Master copy: FR - doc. 14505/10 CODIF 18 CODEC 964 MI 358 ENT 130 COM(2010) 507 final 2010/0260 (COD) Language-related comments received: CZ, DK, HU, PL, SK The opinion of the Consultative Working Group (doc. 16706/10) confirms that the proposal is a straightforward codification which does not entail any substantive change of the acts to be codified. Annex I, Chapter I, Point 1.4. of the proposal

In footnote 1 the reference to "Rés. 5" should be replaced by a refernce to "Rés. 6". Moreover, lawyer-linguists should check if the equation "1 t = 1 Mg = 10[[note: 3]]

kg" in line 2 of column 4 of the table is correctly reproduced in all language versions. Annex I, Chapter I, Point 2 of the proposal

It was agreed to put the fractions /... in lines 2 to 5 of coloumn 4 of the table in brackets so that the modified table should read as follows: Unité "Grandeur Nom Symbole Relation Angle plan tour

(*)1 a 1 tour = 2 rad grade

(*)

ou gon

(*)

gon

(*) 1 gon = (/200) rad degré

° 1° = (/180) rad minute d'angle

1 = (/10 800) rad seconde d'angle 1 = (/648 000) rad"

Annex I, Chapter I, Point 4 of the proposal

In the last line of column 3 of the table ("Symbole"), the symbol "B" should be replaced by "b"

so that the modified table should read as follows: "Pression sanguine et pression des autres fluides corporels millimètre de mercure mm Hg(*)

1 mm Hg = 133,322 Pa Section efficace barn b 1 b = 10

[[note: -28]] m

2"

Agreement was reached on the above changes. However, it was decided to suspend the codification procedure pending the adaptation of Article 17 of Directive 2009/34/EC which provides for the regulatory procedure with scrutiny, since Article 5 of the codification proposal contains a reference to that provision.

  • 4. 
    Proposal for a Directive of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (codified version) Master copy: EN - doc. 14508/10 CODIF 19 CODEC 965 ENT 131 COM(2010) 508 final 2010/0261 (COD) Language-related comments received: AT, CZ, PL, SK The opinion of the Consultative Working Group (doc. 16707/10) confirms that the proposal is a straightforward codification which does not entail any substantive change of the acts to be codified. Recital 3 of the proposal:

It should be clarified at lawyer-linguist level if the correct acronym used to refer to the UN Economic Commission for Europe should be "UNECE" instead of "UN/ECE". The same applies to point 6.2.1. of Annex I, point 1.1. of the Addendum to Annex I, point 1.3.3. of Annex II, the last line of point 4.2. of Annex II, point 6.2.1. of Annex II, points 1.(a) and 1.(b) of Annex III. Annex I, point 2.1., third indent of the proposal: The term "140 kW/t" should be replaced by "140 kW". Heading of Appendix 1 to Annex I of the proposal: The reference to "Council Directive 2007/46/EC" should read "Directive 2007/46/EC of the European Parliament and of the Council".

Information list in Appendix 1 to Annex I of the proposal: The Commission will present an updated information list where the wording, dotted lines and footnotes (including their numbering) of each point correspond to the relevant point contained in Annex I of framework Directive 2007/46/EC as amended by Regulation (EC) No 1060/2008. The above changes were agreed. However, it was decided to suspend the codification procedure pending the adaptation of Article 40(2) of Directive 2007/46/EC which provides for the regulatory procedure with scrutiny, since Article 5 of the codification proposal contains a reference to that provision.

  • 5. 
    Proposal for a Directive of the European Parliament and of the Council on rear-mounted rollover protection structures of narrow-track wheeled agricultural and forestry tractors (Codification) Master copy: EN - doc. 15519/10 CODIF 22 CODEC 1132 ENT 149 COM(2010) 510 final 2010/0264 (COD) Language-related comments received: AT, CZ, HU, PL, SK, UK The opinion of the Consultative Working Group (doc. 16709/10) confirms that the proposal is a straightforward codification which does not entail any substantive change of the acts to be codified. Article 8 of the proposal The duplication of the text of Article 8(1) and (2) in the English language version of the proposal should be deleted. Article 11 of the proposal The reference to Annexes I to IV to Directives 2009/57/EC or 2009/75/EC of the European Parliament and of the Council in Article 11(2) of the proposal should read: "in Annexes I to IV to Directive 2009/57/EC[[note: 9]]

of the European Parliament and of the Council or Annexes I to IV to Directive 2009/75/EC

[[note: 10]]

of the European Parliament and

of the Council." Annex I, point 1.5.1 of the proposal The French version of the proposal should be corrected at lawyer-linguist level to read: "Le point index du siège est déterminé conformément à la norme ISO 5353:1995." The above changes were agreed. However, it was decided to suspend the codification procedure pending the adaptation of Article 20(3) of Directive 2003/37/EC, which provides for the regulatory procedure with scrutiny, since Article 12 of the codification proposal contains a reference to that provision.

  • 6. 
    Proposal for a Directive of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (Codification) Master copy: EN - doc. 16787/10 CODIF 29 CODEC 1355 ENT 190 COM(2010) 610 final 2010/0302 (COD) Language-related comments received: AT, CZ, HU, PL, SK The opinion of the Consultative Working Group (doc. 5311/11) confirms that the proposal is a straightforward codification which does not entail any substantive change of the acts to be codified. Article 10 of the proposal The reference to Annexes I to IV to Directives 2009/57/EC or 2009/75/EC of the European Parliament and of the Council in Article 10(2) of the proposal should read: "in Annexes I to IV to Directive 2009/57/EC[[note: 9]]

of the European Parliament and of the Council or Annexes I to IV to Directive 2009/75/EC

[[note: 10]]

of the European Parliament and

of the Council." Annex I, point 1.6.2.5. of the proposal Instead of "760 a

h

" it should read: "(760 a

h

)mm". Annex I, point 1.6.2.8. of the proposal Instead of "90 a

v

" it should read: "(90 a

v

)mm". Annex I, point 1.6.2.9. of the proposal Instead of "210 - a

h

" it should read: "(210 - a

h

)mm". Pages 59, 60, 65 and 67, Annexes III and VII of the proposal Footnotes containing the wording "Delete where inapplicable" should be changed consistently to read "Delete whichever does not apply". Page 67, Annex VII of the proposal The title "MODEL" should be supplemented by a subheading "EC TYPE-APPROVAL CERTIFICATE". The Cion should verify for the next meeting of the Working Party if the word "component" should be deleted in the expression "EC type-approval component N°". The above changes were agreed. However, it was decided to suspend the codification procedure pending the adaptation of Article 20(3) of Directive 2003/37/EC as regards its provision on the regulatory procedure with scrutiny, since Article 11 of the codification proposal contains a reference to that provision.

  • 7. 
    Proposal for a Regulation of the European Parliament and of the Council on establishing a system for the identification and registration of ovine and caprine animals (Codification) Master copy: EN - doc. 16839/10 CODIF 30 CODEC 1364 AGRILEG 148 COM(2010) 635 final 2010/0309 (COD) Language-related comments received: AT, CZ, SK

An opinion of the Consultative Working Group is still to be issued.

It was decided to suspend the codification procedure, since a corrigendum regarding Article 9(3)

will be launched by way of the usual corrigendum procedure. Delegations will be informed of the launch of the corrigendum procedure and will receive the draft corrigendum in the usual way from the Directorate "Quality of legislation" of the Council Legal Service. The Commission suggested that the first subparagraph of Article 9(3) be corrected as follows : "3. As from 31 December 2009, electronic identification according to the guidelines referred to in paragraph 1, and in accordance with the relevant provisions of Section A of the Annex, shall be obligatory for all animals born after that date."

  • 8. 
    Amended proposal for a Council Directive on the structure and rates of excise duty applied to manufactured tobacco (Codification) Master copy: EN - doc. 16841/10 CODIF 31 FISC 142 COM(2010) 641 final 2007/0206 (CNS) Language-related comments received: CZ, DE, FI, HU, LU, PL, SK, SL The opinion of the Consultative Working Group (doc. 5312/11) confirms that the proposal is a straightforward codification which does not entail any substantive change of the acts to be codified. Recital 12 of the proposal: IT: suggested to insert a new recital 12a containing the text of recital 5 of Directive 95/59 which remains relevant. Cion: This point has previously been dealt with on the occasion of the examination of the initial codification proposal COM(2007) 587 final of 11.10.2007 by the Council Working Party. The deletion of recital 5 of Directive 95/59 has been the logical consequence of the previous deletion of Article 1(1) and (3) of Directive 95/59/EC. IT: scrutiny reserve Article 6 of the proposal: IT: proposed to insert a second sentence in Article 6 containing the wording of Article 2(2) of directive 95/59 which remains relevant.

Cion: points out that this issue has previously been dealt with on the occasion of the examination of the initial codification proposal COM(2007) 587 final of 11.10.2007 by the Council Working Party. At that occasion, the Cion had stated: "Article 2(2) of Directive 95/59/EC is superfluous. The provisions on manufactured tabacco should be adopted according to Article 93 ECT. According to this Article: `The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonisation is necessary to ensure the establishment and the functioning of the internal market (...).' Article 2(2) of Directive 95/59/EC is even incorrect to the extent it does not mention the consultation of the European Parliament and the Economic and Social Committee." IT: scrutiny reserve Article 8(6) of the proposal: The beginning of paragraph 6 should read: "6. Subject to paragraphs 3, 4, 5 and the second subparagraph of Article 7(1), Member States may...". Article 10(1) of the proposal:

It was agreed to align the term "proportional excise duty" to "ad valorem excise duty" througout the proposal. Are also concerned by this alignment: recital 11, Article 7(1), (2) and (3), Article 8(3) and (4) and Article 9(2) of the proposal. SI: scrutiny reserve Second subparagraph of Article 10(1) of the proposal: The second subparagraph of Article 10(1) of the proposal using the wording of the second subparagraph of Article 2(1) of Directive 92/79/EEC as modified by Article 1(1) of Directive 2010/12/EU should be redrafted as follows : "However, Member States which levy an excise duty of at least EUR 101 per 1 000 cigarettes on the basis of the weighted average retail selling price need not comply with the 57 % requirement set out in the first subparagraph." Second subparagraph of Article 10(2) of the proposal: The second subparagraph of Article 10(2) of the proposal using the wording of the second subparagraph of Article 2(2) of Directive 92/79/EEC as modified by Article 1(1) of Directive 2010/12/EU should be redrafted as follows: "However, Member States which levy an excise duty of at least EUR 115 per 1 000 cigarettes on the basis of the weighted average retail selling price need not comply with the 60 % requirement set out in the first subparagraph."

Article 14(1) of the proposal: The word "or" at the beginning points b) and c) should be moved to the end of point a) and b) respectively so that the text should read: "1. Member States shall apply an excise duty which may be:

(a) either an ad valorem duty calculated on the basis of the maximum retail selling price of each product, freely determined by manufacturers established in the Union and by importers from third countries in accordance with Article 15; or (b) a specific duty expressed as an amount per kilogram, or in the case of cigars and cigarillos, alternatively for a given number of items; or (c) a mixture of both, combining an ad valorem element and a specific element."

Article 14(2)(b) of the proposal: The Commission was asked to double check to which products enumerated in Article 14(2) of the proposal VAT should apply. After the meeting the Commission suggested to adapt the wording of Article 14(2) of the codification proposal as follows: "2. The overall excise duty (specific duty and/or ad valorem duty excluding VAT) expressed as a percentage, as an amount per kilogram or for a given number of items shall be at least equivalent to the rates or minimum amounts laid down for:

(a) cigars or cigarillos: 5 % of the retail selling price inclusive of all taxes or EUR

12 per

1 000 items or per kilogram;

(b) fine-cut smoking tobacco intended for the rolling of cigarettes: 40 % of the weighted

average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption , or EUR

40

per kilogram;

(c) other smoking tobaccos: 20 % of the retail selling price inclusive of all taxes, or EUR

22

per kilogram. From 1 January 2013, the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 43 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 47 per kilogram. From 1 January 2015 the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 46 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 54 per kilogram. From 1 January 2018, the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall

represent at least 48 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 60 per kilogram. From 1 January 2020, the overall excise duty (specific duty and/or ad valorem duty excluding VAT) on fine-cut smoking tobacco intended for the rolling of cigarettes shall represent at least 50 % of the weighted average retail selling price of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, or at least EUR 60 per kilogram. The weighted average retail selling price shall be calculated by reference to the total value of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption, based on retail selling price including all taxes, divided by the total quantity of fine-cut smoking tobacco intended for the rolling of cigarettes released for consumption. It shall be determined by 1 March at the latest of each year on the basis of data relating to all such releases for consumption made in the preceding calendar year." Article 21 of the proposal: The Commission will reflect if the repeal of the Directives referred to in Article 21 (1) of the proposal - inter alia Directive 95/99/EC - should not be made subject to Article 4(2) of the proposal, which provides that Germany and Hungary may apply Article 3 of Directive 95/59/EC until 30.12.2014. Annex II of the proposal, correlation table:

It was decided that two lines should be moved up in the correlation table so that it should read

as follows:

"-

  • - 
    Article 8(2), (3) and

(4) Article 7(2), (3) and

(4) - - Article 16(1) to (5) Article 8 (1) to (5)

  • - 
    - Article 16(7) Article 8(6) Article 1 - - Article 9 Article 2(1) and (2) - - Article 10(1) and (2) Article 2(3) - - - Article 2(4) - - Article 10(3) Article 2a - - Article 11 Article 3(1) - - - Article 3(2) - - Article 12(1)"

It was decided to place this proposal again on the agenda of next meeting of the Codification Working Party, since some Member States have announced additional comments. DE: scrutiny reserve on the whole text.

  • 9. 
    Proposal for a Directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (codified version) Master copy: EN - doc. 17890/10 CODIF 32 CODEC 1517 ENT 214 COM(2010) 729 final 210/0349 (COD) Language-related comments received: AT, CZ, HU, PL, SK The opinion of the Consultative Working Group (doc. 5797/11) confirms that the proposal is a straightforward codification which does not entail any substantive change of the acts to be codified. Article 2(2) of the proposal:

It was decided to correct the erroneous editorial layout of the sentence. Instead of splitting the layout of that one sentence up into three paragraphs, that sentence should form part of one single paragraph. Annex V of the proposal

As regards the EN version (non-horizontal issue), where points 1 to 7 are missing, those points should be re-inserted at lawyer-linguist level. The above changes were agreed. However, it was decided to suspend the codification procedure pending the adaptation of Article 20(3) of Directive 2003/37/EC as regards its provision on the regulatory procedure with scrutiny since Article 5 of the codification proposal contains a reference to that provision. ___________________

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