Annexes to COM(2010)124 - Communication to the EP concerning the Council's position on a Regulation on novels foods - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)124 - Communication to the EP concerning the Council's position on a Regulation on novels foods. |
|---|---|
| document | COM(2010)124  |
| date | March 24, 2010 |
Statement by the Commission
The Council's political agreement of June 2009 considered that the adaptation of the definition of engineered nanomaterials to the scientific and technical progress and to the definitions subsequently agreed at international level should be made in accordance to the regulatory procedure with scrutiny. In the current Council's position at first reading the adaptation of this definition is limited to the adoption of further criteria to clarify it.
First, this modification implies that any adaptation of the definition itself would only be possible through the ordinary legislative procedure. The Commission opposes to this limitation as it would prevent this definition to reflect the best state of science and would have negative consequences for the innovation in the food industry.
In addition, the Commission opposes the adoption of further criteria to clarify definitions through implementing acts pursuant to Article 291 TFEU. The Commission considers that the adoption of these criteria implies supplementing non essential elements of the Regulation and thus they should be adopted through delegated acts pursuant to Article 290 TFEU. This applies to definitions laid down in Article 3(2)(a)(i) to (iv) on sub-categories of novel foods, to Article 3(2)(c) on engineered nanomaterials, and to Article 3(2)(d) and (e) related to traditional foods from third countries.
[1] Statement by the Commission at the Council of 15 March 2010.