Legal provisions of COM(2013)893 - Placing on the market of food from animal clones

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dossier COM(2013)893 - Placing on the market of food from animal clones.
document COM(2013)893 EN
date December 18, 2013

Contents

Article 1 - Subject matter

This Directive establishes rules for the placing on the market of food from animal clones.

Article 2 - Definitions

For the purposes of this Directive, the following definitions shall apply:

(a)          'Cloning' means asexual reproduction of animals with a technique whereby the nucleus of a cell of an individual animal is transferred into an oocyte from which the nucleus has been removed to create genetically identical individual embryos ('embryo clones'), that can subsequently be implanted into surrogate mothers in order to produce populations of genetically identical animals ('animal clones').

(b)          'Food' means food as defined in Article 2 of Regulation (EC) No 178/2002.

Article 3 - Provisional prohibitions

1. Member States shall ensure that food from animal clones is not placed on the market.

2. Member States shall ensure that food of animal origin imported from third countries where food from clones can be legally placed on the market or exported is only placed on the market of the Union according to any specific import conditions adopted under Articles 48 and 49 of Regulation (EC) No 882/2004 of the European Parliament and of the Council, ensuring that no food from animal clones will be exported to the European Union from these third countries.

Article 4 - Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [date for transposition of the Directive] at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 5 - Reporting and Review

1. By [date = 5 years after the date of transposition of this Directive], the Member States shall report to the Commission on the experience gained by them on the application of this Directive.

2. The Commission shall present a report to the European Parliament and the Council on the application of this Directive taking into account:

(a)     the reports submitted by Member States in accordance with paragraph 1;

(b)     changes in consumer perception on cloning linked to animal welfare concerns;

(c)     international developments.

Article 6 - Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date = 12 months after the date of adoption of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 7 - Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from [date = 18 months after the date of adoption of this Directive].

Article 8 - Addressees

This Directive is addressed to the Member States.