# EUR-Lex - 52014PC0246 - EN

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# 52014PC0246

**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 /* COM/2014/0246 final - 2014/0132 (COD) */**

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EXPLANATORY MEMORANDUM

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[4].

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Committee on Food was subsequently repealed by Commission Decision 2004/210/EC[6].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become obsolete and should be repealed.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.

2014/0132 (COD)

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

(Text with EEA relevance)

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[8],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       In the framework of the
Regulatory Fitness and Performance Programme (REFIT) the Commission has
committed to a simple, clear, stable and predictable regulatory framework for
businesses, workers and citizens.

(2)       Council Directive 93/5/EEC[9] aimed at ensuring the
smooth running of the Scientific Committee on Food by promoting the scientific
support from the Member States to that Committee and by organising the
cooperation with the relevant national bodies on scientific issues regarding
the safety of foodstuffs.

(3)       Following Regulation (EC)
No 178/2002 of the European Parliament and of the Council[10], the tasks of the
Scientific Committee on Food referred to in Directive 93/5/EEC have been
transferred to the European Food Safety Authority (EFSA) and are currently provided
by Regulation (EC) No 178/2002.

(4)       Commission Decision
97/579/EC[11]
establishing the Scientific Committee on Food has been repealed by Commission
Decision 2004/210/EC[12].

(5)       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 EFSA’s mission. In particular, Article 22 of Regulation
(EC) No 178/2002 provides that EFSA shall act in close cooperation with the
competent bodies in the Member States and that the Member States shall
cooperate with EFSA to ensure the accomplishment of its mission.

(6)       Council Directive 93/5/EEC
has therefore become obsolete and should be repealed,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Council Directive 93/5/EEC is repealed.

Article 2

Member States
shall bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive by [last day
of the 12th month following publication of this Directive in the Official
journal of the European Union] at the latest. Member
States shall forthwith communicate to the Commission the text of those
provisions, which shall contain a reference to this Directive or be accompanied
by such a reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Member States shall communicate to the Commission the text of the
main provisions of national law which they adopt in the field covered by this
Directive.

Article 3

This Directive shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

Article 4

This
Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament                        For
the Council

The President                                                 The
President

[1]               COM(2012)746 final.

[2]               Commission Decision 74/234/EEC of 16 April 1974
relating to the institution of a Scientific Committee for Food (OJ L 136,
20.5.1974, p. 1).

[3]               Commission Decision 95/273/EC of 6 July 1995 relating
to the institution of a Scientific Committee for Food (OJ L 167, 18.7.1995, p
22).

[4]               Commission Decision 97/579/EC of 23 July 1997 setting
up Scientific Committees in the field of consumer health and food safety (OJ L
237, 28.8.1997, p. 18).

[5]               Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 laying down the general
principles and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety (OJ L31,
1.2.2002, p. 1).

[6]               Commission Decision 2004/210/EC of 3 March 2004
setting up Scientific Committees in the field of consumer safety, public health
and the environment (OJ L 66, 4.3.2004, p. 45).

[7]               OJ C 369, 17.12.2011, p. 14.

[8]               OJ C [...], [...], p. [...].

[9]               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 (OJ L 52, 4.3.1993, p.
18).

[10]             Regulation (EC) No 178/2002 of
the European Parliament and of the Council of 28 January 2002 laying down the
general principles and requirements of food law, establishing the European Food
Safety Authority and laying down the procedures in matters of food safety (OJ L
31, 1.2.2002, p. 1).

[11]             Commission Decision 97/579/EC of 23 July 1997 setting
up Scientific Committees in the field of consumer health and food safety (OJ L
237, 28.8.1997, p. 18).

[12]             Commission Decision 2004/210/EC of 3 March 2004 setting
up Scientific Committees in the field of consumer safety, public health and the
environment (OJ L 66, 4.3.2004, p. 45).