REPORT on the proposal for a directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (recast)

7.7.2008 - (COM(2008)0003 – C6‑0030/2008 – 2008/0003(COD)) - ***I

Committee on Legal Affairs
Rapporteur: József Szájer
(Recast – Rule 80a of the Rules of Procedure)

Procedure : 2008/0003(COD)
Document stages in plenary
Document selected :  
A6-0295/2008
Texts tabled :
A6-0295/2008
Debates :
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (recast)

(COM(2008)0003 – C6 0030/2008 – 2008/0003(COD))

(Codecision procedure – recast)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0003),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0030/2008),

–   having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[1],

–   having regard to Rules 80a and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on the Environment, Public Health and Food Safety (A6‑0295/2008),

A. whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission and as amended below;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1

Proposal for a directive

Article 4 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. To enable foodstuffs intended for particular nutritional uses and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the European Food Safety Authority and in accordance with the procedure referred to in Article 15(2), authorise for a two-year period the placing on the market of foodstuffs which do not comply with the rules as to composition laid down by the specific directives for groups of foodstuffs for particular nutritional uses referred to in Annex I.

2. To enable foodstuffs intended for particular nutritional uses and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the European Food Safety Authority, authorise for a two-year period the placing on the market of foodstuffs which do not comply with the rules as to composition laid down by the specific directives for groups of foodstuffs for particular nutritional uses referred to in Annex I.

 

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).

Justification

This provision should be aligned to the regulatory procedure with scrutiny.

Amendment  2

Proposal for a directive

Article 4 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

When necessary, those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(4).

On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 15(4).

Justification

Standard text for the urgency procedure should be used, in order to ensure that this procedure is only used when there are imperative grounds of urgency.

Amendment  3

Proposal for a directive

Article 8 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Derogations from the first subparagraph may be provided for in accordance with the procedure referred to in Article 15(2)  in exceptional and clearly defined cases. Derogations may be continued until that procedure has been completed.

Derogations from the first subparagraph may be provided for in exceptional and clearly defined cases. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). Derogations may be continued until that procedure has been completed.

Justification

This provision should be aligned to the regulatory procedure with scrutiny.

Amendment  4

Proposal for a directive

Article 14 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(4).

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 15(4).

Justification

Standard text for the urgency procedure should be used, in order to ensure that this procedure is only used when there are imperative grounds of urgency.

  • [1]  OJ C 77, 28.3.2002, p. 1.

EXPLANATORY STATEMENT

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[1] was amended by Council Decision 2006/512/EC of 17 July 2006[2]. Article 5a of amended Decision 1999/468/EC introduced the new 'regulatory procedure with scrutiny' (RPS) for 'measures of a general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with codecision, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements'.

Following the screening of the existing legislation and on-going procedures[3], the European Commission presented inter alia this recast proposal, transformed from a codification in order to incorporate the amendments necessary for the alignment to RPS.

In its decision of 12 December 2007 the Conference of Presidents designated the Committee on Legal Affaires as the lead Committee to deal with this 'comitology alignment' and the specialised committees as opinion-giving committees. The Conference of Committee Chairs agreed on 15 January 2008 on the modalities of cooperation between the Committee on Legal Affairs and the other committees involved.

Although the proposed alignment to RPS is not complete, the Committee on Legal Affairs does not propose any amendments, apart from the technical adaptations suggested by the Consultative Working Party of the Legal Services and four amendments proposed by the sectoral committee.

OPINION of the Committee on the Environment, Public Health and Food Safety (5.6.2008)

for the Committee on Legal Affairs

on the proposal for a directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (Recast)
(COM(2008)0003 – C6‑0030/2008 – 2008/0003(COD))

Draftsman: Miroslav Ouzký

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Article 4 – paragraph 2 - subparagraph 1

Text proposed by the Commission

Amendment

2.  To enable foodstuffs intended for particular nutritional uses and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the  European Food Safety Authority  and in accordance with the procedure  referred to  in Article  15(2), authorise for a two-year period the placing on the market of foodstuffs which do not comply with the rules as to composition laid down by the specific directives  for groups of foodstuffs for particular nutritional uses  referred to in Annex I.

2.  To enable foodstuffs intended for particular nutritional uses and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the European Food Safety Authority, authorise for a two-year period the placing on the market of foodstuffs which do not comply with the rules as to composition laid down by the specific directives for groups of foodstuffs for particular nutritional uses referred to in Annex I.

 

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).

Justification

This provision should be aligned to the regulatory procedure with scrutiny.

Amendment  2

Proposal for a directive

Article 4 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

 When necessary, those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(4). 

On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 15(4).

Justification

Standard text for the urgency procedure should be used, in order to ensure that this procedure is only used when there are imperative grounds of urgency.

Amendment  3

Proposal for a directive

Article 8 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Derogations from the first subparagraph may be provided for in accordance with the procedure referred to in Article 15(2)  in exceptional and clearly defined cases. Derogations may be continued until that procedure has been completed.

Derogations from the first subparagraph may be provided for in exceptional and clearly defined cases. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). Derogations may be continued until that procedure has been completed.

Justification

This provision should be aligned to the regulatory procedure with scrutiny.

Amendment  4

Proposal for a directive

Article 14 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

 Those measures, designed to amend non-essential elements of this Directive, shall be adopted   in accordance with  the  regulatory  procedure  with scrutiny   referred to  in Article  15(4) .

 Those measures, designed to amend non-essential elements of this Directive, shall be adopted   in accordance with  the  regulatory  procedure  with scrutiny   referred to  in Article  15(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 15(4). 

Justification

Standard text for the urgency procedure should be used, in order to ensure that this procedure is only used when there are imperative grounds of urgency.

PROCEDURE

Title

Foodstuffs intended for particular nutritional uses (recast version)

References

COM(2008)0003 – C6-0030/2008 – 2008/0003(COD)

Committee responsible

JURI

Opinion by

       Date announced in plenary

ENVI

19.2.2008

 

 

 

Drafts(wo)man

       Date appointed

Miroslav Ouzký

13.3.2008

 

 

Discussed in committee

5.5.2008

 

 

 

Date adopted

3.6.2008

 

 

 

Result of final vote

+:

–:

0:

55

0

0

Members present for the final vote

Georgs Andrejevs, Margrete Auken, Liam Aylward, Pilar Ayuso, Irena Belohorská, Johannes Blokland, John Bowis, Frieda Brepoels, Martin Callanan, Dorette Corbey, Magor Imre Csibi, Chris Davies, Avril Doyle, Mojca Drčar Murko, Edite Estrela, Anne Ferreira, Matthias Groote, Françoise Grossetête, Cristina Gutiérrez-Cortines, Satu Hassi, Gyula Hegyi, Marie Anne Isler Béguin, Christa Klaß, Eija-Riitta Korhola, Peter Liese, Jules Maaten, Roberto Musacchio, Riitta Myller, Péter Olajos, Miroslav Ouzký, Vladko Todorov Panayotov, Vittorio Prodi, Frédérique Ries, Dagmar Roth-Behrendt, Guido Sacconi, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Kathy Sinnott, Bogusław Sonik, María Sornosa Martínez, Antonios Trakatellis, Anja Weisgerber, Åsa Westlund, Anders Wijkman, Glenis Willmott

Substitute(s) present for the final vote

Inés Ayala Sender, Iles Braghetto, Bairbre de Brún, Genowefa Grabowska, Rebecca Harms, Henrik Lax, Johannes Lebech, Miroslav Mikolášik, Alojz Peterle

ANNEX: OPINION IN LETTER FORM OF THE LEGAL SERVICES' CONSULTATIVE WORKING PARTY

OPINION

FOR THE ATTENTION OF           THE EUROPEAN PARLIAMENT

                                                       THE COUNCIL

                                                       THE COMMISSION

Proposal for a directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (recast)

COM(2008)0003 of 16.1.2008 - 2008/0003(COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 22 January 2008 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At that meeting[1], an examination of the proposal for a directive of the European Parliament and of the Council recasting Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses resulted in the Consultative Working Party’s establishing, by common accord, as follows.

1) the following parts of the text of the proposal should have been identified by using the grey shaded type generally used in connection with recast proposals:

- the entire text of recitals 1, 12, 13, 14, 15 and 16;

- the entire wording of Article 2(2), fourth subparagraph;

- in Article 4(1), third subparagraph, second indent, the second sentence which reads "Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3) of this Directive";

- in Article 4(3), second subparagraph, in Article 5, second subparagraph, and in Article 7, second subparagraph, the wording "Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted", the words "regulatory" and "with scrutiny" and the paragraph number "(3)";

- the entire text of Article 4(3), third subparagraph;

- in Article 6(a), the wording "in accordance with the procedure laid down in Article 13" (having already been marked with double strikethrough);

- the entire text of Article 6, third paragraph;

- in Article 14(3), second subparagraph, the wording "Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted", the words "regulatory" and "with scrutiny" and the paragraph number "(4)";

- the entire wording of Article 15(3) and (4);

- the entire wording of Article 13(3) of Directive 89/398/EEC, having already been marked with double strikethrough and appearing after the text of Article 15 in the recast proposal.

2) In the reference box preceding recital 7, the indication "96/84/EC Recital 1 (adapted)" should have appeared in the place of "89/398/EEC Recital 8 (adapted)".

3) In Article 2(2), second subparagraph, a "substantive deletion" is present as regards the existing wording of Article 2(3), first subparagraph, of Directive 89/398/EEC, in that after the words "to be adopted" the deletion of the expression "according to the procedure provided for in Article 13" has been proposed. In order to draft the proposed amendment in full compliance with the interinstitutional practice in recast matters, the said expression should have been present in the text and should have been identified with the relevant substantive change marker consisting of double strikethrough and grey shaded type.

4) In Article 4(1), third subparagraph, second indent, a "substantive deletion" is present as regards the existing wording of Article 4(1), third subparagraph, second indent, of Directive 89/398/EEC, in that after the words "in the case of the other points," the deletion of the expression "in accordance with the procedure laid down in Article 13" has been proposed. As in point 3, the said expression should have been present in the text and should have been identified with the relevant substantive change marker.

5) In Annex I, a footnote appearing in the currently applicable text of Annex I of Directive 89/398/EEC should be re-introduced immediately after the initial wording of point (A) " Groups of foodstuffs for particular nutritional uses for which specific provisions will be laid down by specific Directives:", as well as immediately after the initial words of point (B) "Groups of foodstuffs for particular nutritional uses for which specific provisions will be laid down by a specific Directive". The text of that footnote reads "It is understood that products already on the market when Directive is adopted will not be affected by it".

6) In Part B of Annex II, footnote 1 should refer not only to the date of 16 May 1991 mentioned in the fourth column, but also to that of 16 May 1990 mentioned in the third column.

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such therein or in the present opinion. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing text, without any change in its substance.

C. PENNERA                                  J.-C. PIRIS                C.-F.DURAND

Jurisconsult                                       Jurisconsult                 actg. Director General

  • [1]  The Consultative Working Party had at its disposal the English, French and German language versions of the proposal and worked on the basis of the English version, being the master-copy language version of the text under discussion.

PROCEDURE

Title

Foodstuffs intended for particular nutritional uses (recast version)

References

COM(2008)0003 – C6-0030/2008 – 2008/0003(COD)

Date submitted to Parliament

16.1.2008

Committee responsible

       Date announced in plenary

JURI

19.2.2008

Committee(s) asked for opinion(s)

       Date announced in plenary

ENVI

19.2.2008

 

 

 

Rapporteur(s)

       Date appointed

József Szájer

19.12.2007

 

 

Date adopted

26.6.2008

 

 

 

Result of final vote

+:

–:

0:

24

0

0

Members present for the final vote

Carlo Casini, Titus Corlăţean, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Neena Gill, Othmar Karas, Piia-Noora Kauppi, Klaus-Heiner Lehne, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Aloyzas Sakalas, Francesco Enrico Speroni, Diana Wallis, Rainer Wieland, Jaroslav Zvěřina, Tadeusz Zwiefka

Substitute(s) present for the final vote

Sharon Bowles, Vicente Miguel Garcés Ramón, Jean-Paul Gauzès, Eva Lichtenberger, József Szájer, Ieke van den Burg

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