Explanatory Memorandum to COM(2014)174 - Approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)174 - Approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption. |
|---|---|
| source | COM(2014)174  |
| date | 20-03-2014 |
Grounds for and objectives of the proposal
Council Directive 83/417/EEC provides for the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption. It is proposed to repeal this Directive and replace it with a new text for the following reasons: align the powers conferred on the Commission with the new distinction introduced by the Treaty on the Functioning of the European Union (TFEU) take account of other legislation adopted in the meantime, notably with regard to food law (3) align the compositional requirements of the products concerned to the relevant international standard issued by the Codex Alimentarius.
The Treaty on the Functioning of the European Union (TFEU) distinguishes between, on the one hand, the power delegated to the Commission to adopt non legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, as set out in Article 290 (delegated acts), and, on the other hand, the power conferred on the Commission to adopt implementing acts where uniform conditions are needed, as referred to in Article 291 (implementing acts). The scrutiny exercise of the provisions of Directive 83/417/EEC in relation to the new distinction between delegated and implementing acts has shown the need for the Commission to be empowered to adopt delegated acts to amend, where appropriate, the technical definitions and standards established in the annexes for edible caseins and caseinates to take account of developments in relevant international standards and of technical progress. A corresponding empowerment is included in the present proposal.
The present proposal takes account of the further development of parallel legislation, notably with regard to food law. This notably concerns updates to Directive 2000/13/EC, Regulation (EC) No 178/2002, Regulation (EC) No 882/2004[3], Regulation (EC) No 1332/2008 i and Regulation (EC) No 1333/2008[5].
An international standard has been adopted by the Codex Alimentarius for edible casein products[6]. That standard defines, among others, the essential composition and quality factors of casein products. To allow food business operators to benefit from a level-playing field on the world market, the present proposal adjusts the compositional requirements laid down in the annexes for edible casein and caseinates to those applicable in the above mentioned Codex standard. This adjustment results in two changes: the maximum moisture content of edible casein is increased from 10 to 12% and the maximum milk fat content of edible acid casein is decreased from 2.25 to 2%. With this change, the compositional requirements laid down in the proposal are fully in line with the international standard.
The proposal has no financial implications for the EU budget.
General context
Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU) distinguish two different types of Commission acts:
Article 290 of the TFEU allows the legislator to 'delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act'. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as 'delegated acts' (Article 290(3)).
Article 291 of the TFEU allows Member States to 'adopt all measures of national law necessary to implement legally binding Union acts'. Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as 'implementing acts' (Article 291(4)).
Since the adoption of the original Directive in 1983, a number of legal acts have been adopted in the field of food law. They must be taken account of.
The production of casein and caseinates from milk was subject to an internal subsidy scheme operated by the Union until 2006. This subsidy scheme has ceased to be applied since then and has been definitively repealed by the political agreement reached on the reformed single Common Market Organisation for Agricutural Products in 2013. Specific provisions, differing from international standards, are therefore no longer justified. As a consequence, the proposal adjusts the compositional requirements of casein products to the relevant Codex standard.
Existing provisions in the area of the proposal
Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).
Directive 2000/13/EC, Regulation (EC) No 178/2002, Regulation (EC) No 882/2004, Regulation (EC) No 1332/2008 and Regulation (EC) No 1333/2008.
Codex Stan 290-1995.
Consistency with the other policies and objectives of the Union
The proposal is consistent with the new classification of powers conferred to the Commission by the TFEU, with the relevant legal acts in the field of food law and with the international standard issued for casein products by the Codex Alimentarius.
Contents
Consultation of interested parties
There is no need for consultation of interested parties since the proposal deals mainly with inter-institutional issues and does not alter the substance of Directive 83/417/EEC which has worked well for decades. The proposal also allows for a better integration of the rules on caseins and caseinates into the wider legal framework related to food law which brings advantages in terms of clarity and simplification. Also the rules on the provision of information from business to business have been streamlined.
The further alignment to the international standard has been discussed with the industry and they warmly welcome the proposed change.
Collection and use of expertise
There is equally no need for external expertise for the same reasons.
Impact assessment
There is equally no need for an impact assessment for the same reasons.
Summary of the proposed action
The proposal identifies the need for delegated power to be conferred on the Commission for the purpose of adopting amendments to Annexes I and II and establishes the corresponding procedure for adoption of these acts in the new legal context determined by the entry into force of Articles 290 and 291 of the TFEU adapts existing provisions to the further development of legislation notably in the field of food law (3) adjust, where appropriate, the composition requirements of edible caseins to the corresponding Codex standard.
Legal basis
Article 114 of the Treaty on the Functioning of the European Union.
Subsidiarity principle
The proposal falls under shared competence between the EU and the Member States and complies with the subsidiarity principle.
Proportionality principle
The proposal complies with the proportionality principle.
Choice of instruments
The form of the original act (a Directive) is not changed. The proposal is aimed at designing the Commission's empowerment in the new legal context created by the Lisbon Treaty. It also takes account of the further development of legislation in the past years and of existing, updated international standards.
Moreover the proposal takes into consideration the need for the Member States to have some margin to adapt the implementation to the national legal and administrative environment, in particular with reference to the possible adoption of national measures in matters not specifically harmonised by the proposal.