Explanatory Memorandum to COM(2014)246 - Repeal of Council Directive 93/5/EEC on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food

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The Commission presents a proposal for a Directive of the European Parliament and of the Council repealing Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food.

1.

CONTEXT OF THE PROPOSAL



In December 2012 the Commission launched the Regulatory Fitness and Performance Programme[1] (REFIT) to ensure a simple, clear, stable and predictable regulatory framework for businesses, workers and citizens.

In this context the Commission has committed to repealing rules which have become superfluous or obsolete.

The aim of Council Directive 93/5/EEC was to ensure the smooth running of the Scientific Committee for Food by promoting the scientific support from the Member States and by organising the cooperation with the relevant national bodies on scientific issues regarding the safety of foodstuffs. The Scientific Committee for Food was initially set up by Commission Decision 74/234/EEC[2] and subsequently replaced by the Scientific Committee for Food established by Commission Decision 95/273/EC[3] and finally replaced by the Scientific Committee on Food established by Commission Decision 97/579/EC i.

Following Regulation (EC) No 178/2002 of the European Parliament and of the Council[5], the scientific tasks entrusted to the Scientific Committee on Food have been taken over by the Scientific Committee and Panels of the European Food Safety Authority (EFSA). Commission Decision 97/579/EC establishing the Scientific Committee on Food was subsequently repealed by Commission Decision 2004/210/EC[6].

Pursuant to Regulation (EC) No 178/2002, EFSA has also become the competent body to promote scientific cooperation with the Member States and relevant national bodies operating in the fields falling within the Authority's mission.

Therefore, Council Directive 93/5/EEC has become obsolete and should be repealed.

The nature of the Council Directive does not require the explanatory documents foreseen in the Joint Political Declaration of Member States and the Commission of 28 September 2011[7].

The Commission is invited to adopt this proposal and to transmit it forthwith to the European Parliament, the Council, the European Economic and Social Committee, as well as to the national parliaments.

2.

BUDGETARY IMPLICATION



The proposal has no implication for the Union budget.