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C 40/36 Official Journal of the European Communities EN 7.2.

2001

Tuesday 11 April 2000

II.
European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive amending Council Directive 77/780/EEC on the co-ordina-
tion of laws, regulations and administrative provisions relating to the taking up and pursuit of the
business of credit institutions (12005/1/1999 ' C5-0307/1999 ' 1998/0253(COD))

(Codecision procedure: second reading)

The European Parliament,

 having regard to the Council common position (12005/1/1999  C5-0307/1999) (1),

 having regard to its position at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1998) 461) (3),

 having regard to Article 251(2) of the EC Treaty,

 having regard to Rule 78 of its Rules of Procedure,

 having regard to the recommendation for second reading of the Committee on Economic and Mon-
etary Affairs (A5-0080/2000),

1. Approves the common position;

2. Notes that the act is adopted in accordance with the common position;

3. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of
the EC Treaty;

4. Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of
the Council, to have it published in the Official Journal of the European Communities;

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

(1) OJ C 26, 28.1.2000, p. 12.
(2) OJ C 219, 30.7.1999, p. 421.
(3) OJ C 317, 15.10.1998, p.12.

2. Animal nutrition inspections ***II

A5-0084/2000

European Parliament legislative resolution on the common position of the Council with a view to
the adoption of a European Parliament and Council directive amending Directive 95/53/EC fixing
the principles governing the organisation of official inspections in the field of animal nutrition
(10804/1/1999 ' C5-0273/1999 ' 1998/0301(COD))

(Codecision procedure: second reading)

The European Parliament,

 having regard to the Council common position (10804/1/1999  C5-0273/1999) (1),

 having regard to its opinion at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1998) 602) (3),

(1) OJ C 17, 20.1.2000, p. 8.
(2) OJ C 98, 9.4.1999, p. 150.
(3) OJ C 346, 14.11.1998, p. 9.
7.2.2001 EN Official Journal of the European Communities C 40/37

Tuesday 11 April 2000

 having regard to Article 251(2) of the EC Treaty,

 having regard to Rule 80 of its Rules of Procedure,

 having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Policy (A5-0084/2000),

1. Amends the common position as follows;

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

COUNCIL AMENDMENTS
COMMON POSITION BY PARLIAMENT

(Amendment 1)
Recital 6a (new)

(6a) The measures to be taken for the implementation of
this Directive should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1);

(1) OJ L 184, 17.7.1999, p. 23.

(Amendment 2)
ARTICLE 1(3)
Article 9a(1) (Directive 95/53/EC)

1. Where a problem likely to pose a serious risk to human 1. Where a problem likely to pose a serious risk to human
or animal health or the environment appears or spreads on the or animal health or the environment appears or spreads on the
territory of a third country, the Commission, on its own initia- territory of a third country, the Commission, on its own initia-
tive or at the request of a Member State, shall immediately take tive or at the request of a Member State, shall immediately,
the following measures, in accordance with the procedure laid down in depending on the gravity of the situation:
Article 23a: 

suspend imports of products from all or part of the third  suspend imports of products from all or part of the third
country concerned or from one or more specific produc- country concerned or from one or more specific produc-
tion establishments and, where appropriate, any third tion establishments and, where appropriate, any third
country of transit and/or country of transit and/or 

lay down special conditions for products intended for  lay down special conditions for products intended for
import from all or part of the third country concerned. import from all or part of the third country concerned.

1a. Except in emergencies, the Commission shall con-
sult the Member States before taking the measures
referred to in paragraph 1.

The Commission shall immediately notify the Council and
the Member States of any decisions adopted in accordance
with paragraph 1.

1b. Any Member State may, within 30 days of such
notification, refer the Commission’s decision to the Coun-
cil. The Council, acting by a qualified majority, may con-
firm, amend or repeal the Commission’s decision. Where
the Council does not adopt a decision within thirty days,
the Commission’s decision shall be considered to be
repealed.
C 40/38 Official Journal of the European Communities EN 7.2.2001

Tuesday 11 April 2000

COUNCIL AMENDMENTS
COMMON POSITION BY PARLIAMENT

(Amendment 3)
ARTICLE 1(5)
Article 17a(1) to (3) (Directive 95/53/EC)

1. Without prejudice to Article 15, and in so far as necessary 1. Without prejudice to Article 15, Commission and Mem-
for the uniform application of the requirements of this Directive, ber State experts may carry out on-the-spot inspections with
Commission and Member State experts may carry out on-the- the cooperation of the national competent authorities to
spot inspections to verify that the provisions of this Directive, verify that the provisions of this Directive, and in particular
and in particular Articles 4, 5, 7, 11 and 12, are being applied. Articles 4, 5, 7, 11 and 12, are being applied.

The Commission shall appoint Member State experts on a pro- The Commission shall appoint Member State experts on a pro-
posal from the Member States. posal from the Member States.

2. The Member State on whose territory an inspection is 2. The Member State on whose territory an inspection is
carried out shall afford the Commission and Member State carried out shall afford the Commission and Member State
experts any assistance necessary to carry out their duties. experts full assistance to carry out their duties. The Commi-
ssion may decide to carry out unannounced inspections in
the Member States.

3. The outcome of the inspections made shall be discussed with
the competent authority of the Member State concerned before a final
report is drawn up and circulated.

The Commission shall inform the Member States of the results 3. The Commission shall inform the Member States and the
of inspections carried out. European Parliament of the results of inspections carried out
and shall circulate an inspection report.

(Amendment 4)
ARTICLE 1(7)
Article 23a (Directive 95/53/EC)

7. The following Article shall be inserted: Deleted

Article 23a

1. The Commission shall be assisted by a Committee (herein-
after referred to as ‘the Committee’).

2. Where reference is made to this Article, Articles 5 and 7
of Decision 1999/468/EC shall apply, without prejudice to
Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/
EC shall be 15 days.

3. The Committee shall draw up its rules of procedure.