Directive 2015/2203 - Approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption

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1.

Current status

This directive has been published on December  1, 2015, entered into force on December 21, 2015 and should have been implemented in national regulation on December 22, 2016 at the latest.

2.

Key information

official title

Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 November 2015 on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC
 
Legal instrument Directive
Number legal act Directive 2015/2203
Original proposal COM(2014)174 EN
CELEX number i 32015L2203

3.

Key dates

Document 25-11-2015; Date of adoption
Publication in Official Journal 01-12-2015; OJ L 314 p. 1-9
Effect 21-12-2015; Entry into force Date pub. +20 See Art 9
End of validity 31-12-9999
Transposition 22-12-2016; See Art 7.1

4.

Legislative text

1.12.2015   

EN

Official Journal of the European Union

L 314/1

 

DIRECTIVE (EU) 2015/2203 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 November 2015

on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

 

(1)

Council Directive 83/417/EEC (3) provides for the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption. Since the entry into force of that Directive, several changes have taken place, in particular the development of a comprehensive legal framework in the area of food law and the adoption of an international standard for edible casein products by the Codex Alimentarius Commission (‘Codex standard for edible casein products’), which need to be taken into account.

 

(2)

Directive 83/417/EEC confers powers on the Commission in order to implement some of its provisions. As a consequence of the entry into force of the Lisbon Treaty, those powers need to be aligned to Article 290 of the Treaty on the Functioning of the European Union (‘TFEU’).

 

(3)

For the sake of clarity, Directive 83/417/EEC should therefore be repealed and replaced with a new Directive.

 

(4)

Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) contains general, horizontal and uniform Union rules concerning the adoption of emergency measures for food and feed. The related provisions of Directive 83/417/EEC are therefore no longer necessary.

 

(5)

Regulation (EC) No 882/2004 of the European Parliament and of the Council (5) contains general, horizontal and uniform Union rules concerning the methods of sampling and analysis of foodstuffs. The related provisions of Directive 83/417/EEC are therefore no longer necessary.

 

(6)

Under Regulation (EU) No 1169/2011 of the European Parliament and of the Council (6), sufficient information is to be provided in business to business relations in order to ensure the presence and accuracy of food information for the final consumer. Since the products covered by this Directive are meant to be sold from business to business, for the preparation of food products, it is appropriate to maintain and adapt the specific rules already included in Directive 83/417/EEC to the current legal framework and simplify them. Such specific rules should provide for the information to be provided for the products covered by this Directive, in business to business relations, in order, on the one hand, to make available to food business operators the information they need for the labelling of the final products, for example when it comes to allergens, and, on the other hand, to avoid those products being confused with similar products not meant or not suitable for human consumption.

 

(7)

Regulation (EC) No 1333/2008 of the European Parliament and of the Council (7) lays down a definition of food additives and processing aids referred to as technological adjuvants in Directive 83/417/EEC. Consequently, this Directive should use the terms ‘food additives’ and ‘processing aids’ instead of ‘technological adjuvants’. Such use of terminology would also be in line with the Codex standard for edible casein products.

 

(8)

Other terms and references used...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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