Explanatory Memorandum to COM(2015)174 - Repeal of Council Directive 76/621/EEC on the maximum level of erucic acid in oils and fats and Council Regulation (EC) No 320/2006 on the restructuring of the sugar industry

Please note

This page contains a limited version of this dossier in the EU Monitor.



Acts which were adopted over the last decades have exhausted all their effects, but remain technically in force. They have become obsolete because of their temporary character or because their content has been taken up by successive acts. The European Parliament, the Council and the Commission agreed in their inter-institutional agreement on better law making that Community law should be updated and condensed by repealing acts which are no longer applied. Acts which have no continued relevance should be removed from the acquis communautaire, in order to improve transparency and certainty of Union law.

The Commission has carried out several exercises to remove obsolete legislation from the acquis, partly through the traditional repeal procedure, partly by declaring the relevant Commission acts obsolete. The Commission identified two Council acts related to the Common Agricultural Policy, which are based upon Article 42 and 43 of the Treaty (former Articles 36 and 37), which have exhausted all practical effects, but are formally still in force. It is not within the Commission's powers to declare obsolete acts which were adopted by the Council. In the interest of legal certainty, the Commission suggests that the acts listed in this proposal shall be repealed by the Council and the European Parliament.