Directive (EU) 2018/597 amending Directive 92/66/EEC introducing Community measures for the control of Newcastle disease

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Series Details L103, 23.04.18
Publication Date 23/04/2018
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Council Directive 92/66/EEC lays down measures to be applied in the event of an outbreak of Newcastle disease, a contagious disease in poultry and in certain birds. Among other things, the Directive confers on the Council the power to amend the Directive's Annexes V, VI and VII which cover the designation of an EU Reference Laboratory (EURL) for Newcastle disease, the template to be used by Member States to report to the Commission on the situation of the disease, and the control measures applied, as well as the criteria for Member States to draw up contingency plans to be implemented in the event of a disease outbreak.

Those empowerments conferred on the Council are at odds with the new system of legislation and executive rule-making introduced by the Treaty on the Functioning of the European Union (TFEU), more specifically with Article 291. Furthermore, in relation to the designation of EURLs, the current provisions for amending Annex V of Council Directive 92/66/EEC are inconsistent with the new designation regime for EURLs introduced by Regulation (EU) 2017/625 on Official Controls. This Regulation requires the Commission to designate EURLs by means of implementing acts.

The objective of the Proposal is to amend Council Directive 92/66/EEC to be aligned with the TFEU and new official control provisions in order to ensure legal coherence and certainty to enable the necessary simplification of procedures.

Source Link Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.103.01.0004.01.ENG
Related Links
EUR-Lex: COM(2017)742: Proposal for a Directive amending Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2017:742:FIN

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