http://www.legislation.gov.uk/id/eudn/2009/436

Council Decision

of 5 May 2009

correcting Directive 2008/73/EC simplifying procedures of listing and publishing information in the veterinary and zootechnical fields

(2009/436/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament1,

Whereas:

(1)

Directive 2008/73/EC2 amended a total of 23 Council acts to provide, inter alia, for simplified procedures of listing and publishing information in the veterinary and zootechnical fields.

(2)

Directive 2008/73/EC entered into force on 3 September 2008. Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with that Directive by 1 January 2010. However, that Directive did not provide that the Member States were to apply those provisions from that date.

(3)

For the sake of legal certainty, Directive 2008/73/EC should be corrected to ensure that the amendments made to the various Council acts by that Directive, in order to provide for those simplified procedures, are uniformly applied by the Member States from 1 January 2010. Directive 2008/73/EC should therefore be corrected so that it also applies from that date. Accordingly, that Directive should also be corrected in order to provide that the Member States are to apply those provisions from that date.

(4)

However, certain other amendments made by Directive 2008/73/EC to Directives 64/432/EEC3 and 90/426/EEC4 do not concern the simplified procedures and therefore they do not require the deferred date of application by the Member States of 1 January 2010. Those amendments concern respectively the adoption of specific animal health measures in accordance with the procedure laid down in Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission5 and correct an outdated reference.

(5)

In order to ensure a smooth transition to the new simplified procedures of listing and publishing information in the veterinary and zootechnical fields, it should be provided that transitional provisions may be adopted in accordance with the procedure laid down in Decision 1999/468/EC.

(6)

To ensure legal certainty and continuity, this Decision should apply from 3 September 2008, the date of entry into force of Directive 2008/73/EC.

(7)

Directive 2008/73/EC should therefore be corrected accordingly,

HAS ADOPTED THIS DECISION: