# EUR-Lex - 52012PC0150 - EN

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# 52012PC0150

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission /* COM/2012/0150 final - 2012/0075 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

·
Grounds for and objectives of the proposal

To align the existing Commission implementing
powers in Directives 1999/4/EC,
2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC to the differentiation
between delegated and implementing powers of the Commission introduced by
Articles 290 and 291 of the Treaty on the Functioning of the European Union
(TFUE) and to confer additional delegated powers on the Commission.

The Treaty makes a distinction between the powers
delegated to the Commission to adopt non-legislative acts of general
application to supplement or amend certain non-essential elements of the
legislative act as laid down in Article 290(1) of the Treaty (delegated acts),
and the powers conferred upon the Commission to adopt uniform conditions for
implementing legally binding Union acts as laid down in Article 291(2) of the
Treaty (implementing acts). In the case of delegated acts, the Legislator
delegates to the Commission the power to adopt quasi-legislative acts. In the
case of implementing acts, the context is very different. Indeed, Member States
are primarily responsible for the implementation of legally binding acts of the
European Union. However, if the application of the legislative act requires
uniform conditions for its implementation the Commission is authorised to adopt
these acts. The alignment of Directives 1999/4/EC,
2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC on
new rules of the Treaty is based on a classification on the basis of the new
philosophy of the current Commission powers.

In addition, still in the context of that new
philosophy, the provisions of the above mentioned Directives have also been
scrutinized in order to identify possible supplementary need in term of powers
to be conferred to the Commission under the new classification of the Treaty.

At the end of this exercise, a draft proposal
for amendment of Directives 1999/4/EC, 2000/36/EC,
2001/111/EC, 2001/113/EC and 2001/114/EC has been
prepared.

·
General context

Articles 290 and 291 of the Treaty on the
Functioning of the European Union (TFUE) distinguish two different types of
Commission acts:

–
Article 290 of the TFUE allows the legislator to
"delegate to the Commission the power to adopt non-legislative acts of
general application to supplement or amend certain non-essential elements of a
legislative act". Legal acts adopted by the Commission in this way are
referred to in the terminology used by the Treaty as "delegated acts"
(Article 290(3)).

–
Article 291 of the TFUE allows Member States to
"adopt all measures of national law necessary to implement legally
binding Union acts". Those acts shall confer implementing powers on
the Commission where uniform conditions for implementing them are needed. Legal
acts adopted by the Commission in this way are referred to in the terminology
used by the Treaty as "implementing acts" (Article 291(4))

·
Existing provisions in the area of the
proposal

Articles 290 and 291 of the Treaty on the
Functioning of the European Union (TFUE).

Council Decision 1999/468/EC of 28 June 1999, laying down the procedures for the exercise of
implementing powers conferred on the Commission, as
modified by Council Decision 2006/512/EC, repealed by Regulation (EU) No
182/2011 of the European Parliament and of the Council of 16 February 2011,
laying down the general principle concerning mechanisms for control by Member
States of the Commission's exercise of implementing powers.

·
Consistency with the other policies and
objectives of the Union

Not applicable.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

·
Consultation of interested parties

·
Collection and use of expertise

There was no need for consultation of
interested parties or for external expertise since the proposal is an inter-institutional
matter that will concern all Council and/or Council and European Parliament
acts.

·
Impact assessment

No need of impact assessment since the proposal
is an inter-institutional matter that will concern all Council and/or Council
and European Parliament acts.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

·
Summary of the proposed action

Identify the delegated and implementing
powers that should be conferred upon the Commission as regards Directives 1999/4/EC,
2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC and establish the
corresponding procedure for adoption of these acts in the new legal context
determined by the entry into force of Articles 290 and 291 of the TFUE.

·
Legal basis

Articles 43 and 114 of the Treaty on the
Functioning of the European Union.

·
Subsidiarity principle

The proposal falls under shared competence
between the EU and the Member States and complies with the subsidiarity principle.

·
Proportionality principle

The proposal complies with the proportionality
principle.

·
Choice of instruments

The proposal is part of the alignment exercise
and concern only powers of the Commission in the new legal context created by
the Lisbon Treaties. Provisions on the Commission's delegated powers have not
to be transposed in the Member States' legal orders. Therefore, the form of a
Regulation is chosen.

2012/0075 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directives 1999/4/EC, 2000/36/EC,
2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred
on the Commission

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 Articles 43(2) and 114(1)
thereof,

Having regard to the proposal from the European
Commission[1],

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

Having regard to the opinion of the
European Economic and Social Committee[2],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Directive 1999/4/EC of the
European Parliament and of the Council of 22 February 1999 relating to coffee
extracts and chicory extracts[3],
Directive 2000/36/EC of the European Parliament and of the Council of 23 June
2000 relating to cocoa and chocolate products intended for human consumption[4], Council Directive 2001/111/EC
of 20 December 2001 relating to certain sugars intended for human consumption[5], Council Directive 2001/113/EC
of 20 December 2001 relating to fruit jams, jellies and marmalades and
sweetened chestnut purée intended for human consumption[6] and Council Directive
2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated
preserved milk for human consumption[7]
confer powers on the Commission in order to implement some of their provisions,
to be exercised in accordance with the procedures laid down in Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission[8] as
amended by Council Decision 2006/512/EC[9].

(2)       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 (the
Treaty).

(3)       Although Annexes to
Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, and 2001/114/EC contain
technical elements which might have to be adapted or updated to take account of
developments in relevant international standards, those Directives do not confer
on the Commission appropriate powers to promptly adapt or update those Annexes
to take account of developments in international standards. In addition,
Directive 1999/4/EC does not confer on the Commission appropriate powers to
promptly adapt or update its Annex to take account of technical progress,
although that Annex contains technical elements which might also have to be
adapted or updated to take account of technical progress. Furthermore, although
containing technical elements which might have to be adapted or updated to take
account of technical progress, Sections A and B(1) of Annex I to Directive
2000/36/EC are not covered by the Commission's powers to adapt certain
provisions of that Annex to technical progress. Therefore, for the consistent
implementation of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and
2001/114/EC, the additional powers to adapt or update the Annexes to Directives
1999/4/EC, 2000/36/EC, 2001/111/EC, and 2001/114/EC to take account of
technical progress and of developments in international standards should also
be conferred on the Commission

(4)       Therefore, in order to supplement
or amend certain non-essential elements of Directives 1999/4/EC, 2000/36/EC,
2001/111/EC, 2001/113/EC and 2001/114/EC to take account of technical progress
and/or, where appropriate, the developments in international standards, the
power to adopt acts in accordance with Article 290 of the Treaty should be
delegated to the Commission in respect of the following scope and content: as
regards Directive 1999/4/EC, to adapt or update the technical characteristics
related to the product descriptions and definitions in the Annex, normally
expressed in percentages; as regards Directive 2000/36/EC, to adapt or update the
technical characteristics related to the sales names and definitions of Section
A of Annex 1, normally expressed in percentages and/or grams, as well as
Sections B, C and D of that Annex; as regards Directive 2001/111/EC, to adapt
or update Part A of the Annex in respect of the technical characteristics
related to the product names and definitions, as well as Part B of the Annex;
as regards Directive 2001/113/EC, to adapt or update Annex I in respect of the
technical characteristics related to the product names and definitions,
normally expressed in grams and/or percentage, as well as Annex II and Part B of
Annex III; and as regards Directive 2001/114/EC, to adapt or update Annex I in
respect of the technical characteristics related to the definitions of products
and product names, normally expressed in percentages, as well as Annex II.

(5)       It is of particular
importance that the Commission carry out appropriate consultations during its
preparatory work, including at expert level. The Commission, when preparing and
drawing-up delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and to the Council.

(6)       Following the adoption of
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[10],
which applies to all stages of production, processing and distribution of food
and feed at Union and national level, general Union provisions on foodstuffs
apply directly to the products covered by Directives 1999/4/EC, 2000/36/EC,
2001/111/EC, 2001/113/EC and 2001/114/EC. As a consequence, it is no longer
necessary for the Commission to have the powers to align the provisions of
those Directives to the general Union provisions on foodstuffs. The provisions
conferring such powers should therefore be deleted.

(7)       Directives 1999/4/EC,
2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC should therefore be
amended accordingly.

(8)       Since the amendments made
to Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC
concern the Commission powers only, they do not need to be transposed by the
Member States,

HAVE ADOPTED THIS REGULATION:

Article 1

Articles 4 and 5 of Directive 1999/4/EC are
replaced by the following:

'Article 4

The Commission shall be empowered to adopt
delegated acts in accordance with Article 5 to amend the technical
characteristics related to the product descriptions and definitions in the
Annex to take account of the developments in relevant international standards,
where appropriate, and of technical progress.

Article 5

1.      The power to adopt the delegated acts
referred to in this Directive is conferred on the Commission subject to the
conditions laid down in this Article.

2.      The power to adopt delegated acts
referred to in Article 4 shall be conferred on the Commission for an
indeterminate period of time from (...). (Publications Office is to fill in the
date of entry into force of this amending Act).

3.      The delegation of power referred to in
Article 4 may be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the
publication in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of the delegated acts
already in force.

4.      As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council .

5.      A delegated act adopted pursuant to
Article 4 shall enter into force only if no objection has been expressed either
by the European Parliament or the Council within a period of two months from
the date of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament or of the Council. '

Article 2

Articles 5 and 6 of Directive 2000/36/EC
are replaced by the following:

'Article 5

The Commission shall be empowered to adopt
delegated acts in accordance with Article 6 to amend the technical characteristics
related to the sales names and definitions of Section A of Annex 1, as well as Sections
B, C and D of that Annex, to take account of the developments in relevant international
standards, where appropriate, and of technical progress.

Article 6

1.      The power to adopt the delegated acts
referred to in this Directive is conferred on the Commission subject to the
conditions laid down in this Article.

2.      The power to adopt delegated acts
referred to in Article 5 shall be conferred on the Commission for an
indeterminate period of time from (...).(Publications Office is to fill in the
date of entry into force of this amending Act).

3.      The delegation of power referred to in
Article 5 may be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the
publication in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of the delegated acts
already in force.

4.      As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council .

5.      A delegated act adopted pursuant to
Article 5 shall enter into force only if no objection has been expressed either
by the European Parliament or the Council within a period of two months from
the date of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament or of the Council.'

Article 3

Articles 4 and 5 of Directive 2001/111/EC
are replaced by the following:

'Article 4

The Commission shall be empowered to adopt
delegated acts in accordance with Article 5 to amend Part A of the Annex in
respect of the technical characteristics related to the product names and
definitions, as well as Part B of the Annex, to take account of the
developments in relevant international standards, where appropriate, and of technical
progress.

Article 5

1.      The power to adopt the delegated acts
referred to in this Directive is conferred on the Commission subject to the
conditions laid down in this Article.

2.      The power to adopt delegated acts
referred to in Article 4 shall be conferred on the Commission for an
indeterminate period of time from (...). (Publications Office is to fill in the
date of entry into force of this amending Act)

3.      The delegation of power referred to in
Article 4 may be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the
publication in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of the delegated acts
already in force.

4.      As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council .

5.      A delegated act adopted pursuant to
Article 4 shall enter into force only if no objection has been expressed either
by the European Parliament or the Council within a period of two months from
the date of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That period
shall be extended by two months at the initiative of the European Parliament or
of the Council.'

Article 4

Articles 5 and 6 of Directive 2001/113/EC
are replaced by the following:

'Article 5

The Commission shall be empowered to adopt
delegated acts in accordance with Article 6 to amend Annex I in respect of the
technical characteristics related to the product names and definitions, as well
as Annex II and Part B of Annex III, to take account of the developments in
relevant international standards, where appropriate, and of technical progress.

Article 6

1.      The power to adopt the delegated acts
referred to in this Directive is conferred on the Commission subject to the
conditions laid down in this Article.

2.      The power to adopt delegated acts
referred to in Article 5 shall be conferred on the Commission for an
indeterminate period of time from (...). (Publications Office is to fill in the
date of entry into force of this amending Act).

3.      The delegation of power referred to in
Article 5 may be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the
publication in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of the delegated acts
already in force.

4.      As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council .5.           A delegated act adopted pursuant to Article 5 shall
enter into force only if no objection has been expressed either by the European
Parliament or the Council within a period of two months from the date of
notification of that act to the European Parliament and the Council or if
before the expiry of that period, the European Parliament and the Council have
both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the
Council.'

Article 5

Articles 5 and 6 of Directive 2001/114/EC
are replaced by the following:

'Article 5

The Commission shall be empowered to adopt
delegated acts in accordance with Article 6 to amend Annex I in respect of the
technical characteristics related to the definitions of products and product
names, as well as Annex II, to take account of the developments in relevant
international standards, where appropriate, and of technical progress.

Article 6

1.      The power to adopt the delegated acts
referred to in this Directive is conferred on the Commission subject to the
conditions laid down in this Article.

2.      The power to adopt delegated acts
referred to in Article 5 shall be conferred on the Commission for an
indeterminate period of time from (...). (Publications Office is to fill in the
date of entry into force of this amending Act).

3.      The delegation of power referred to in
Article 5 may be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the
publication in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of the delegated acts
already in force.

4.      As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council .

5.      A delegated act adopted pursuant to
Article 5 shall enter into force only if no objection has been expressed either
by the European Parliament or the Council within a period of two months from
the date of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament or of the Council.'

Article 6

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

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               OJ C , , p. .

[2]               OJ C , , p. .

[3]               OJ L 66, 13.3.1999, p. 26.

[4]               OJ L 197,
3.8.2000, p. 19.

[5]               OJ L 10,
12.1.2002, p. 53.

[6]               OJ L 10,
12.1.2002, p. 67.

[7]               OJ L 15,
17.1.2002, p. 19.

[8]               OJ L 184,
17.7.1999, p. 23.

[9]               OJ L 200,
22.7.2006, p. 11.

[10]             OJ L
31, 1.2.2002, p. 1.