EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 22.4.2015  
COM(2015) 174 final  
2015/0090 (COD)  
  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
repealing Council Directive 76/621/EEC relating to the fixing of the maximum level of 
erucic acid in oils and fats and Council Regulation (EC) No 320/2006 establishing a 
temporary scheme for the restructuring of the sugar industry   
EN 2   EN EXPLANATORY MEMORANDUM  
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 Parl iament, 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 rem oved 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 effe cts, 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proposal shall be repealed b y the Council and the European Parliament.  
EN 3   EN 2015/0090 (COD)  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
repealing Council Direct ive 76/621/EEC relating to the fixing of the maximum level of 
erucic acid in oils and fats and Council Regulation (EC) No 320/2006 establishing a 
temporary scheme for the restructuring of the sugar industry  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EU ROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular the 
first subparagraph of Article 42 and Article 43(2) thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draf t legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee1, 
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(1) Improving the transparency of Union law is an essential element of the better 
lawmaking strategy that Union institutions are implementing. In that context it is 
appropriate to remove from active legislation those acts which no longer have real 
effect.  
(2) The following legal acts relating to the common agricult ural policy have become  
obsolete, even though formally they are still in force:  
– Council Directive 76/621/EEC2. The content of that Directive has been taken 
up by Commission Regulation (EC) No 1881/20063. 
– Council Regulation (EC) No 320/20064. The tempor ary scheme established by 
that Regulation was applicable only until the marketing year 2009/2010 . 
(3) For reasons of legal security and clarity, those obsolete legal acts should be repealed,  
HAVE ADOPTED THIS REGULATION:  
Article 1  
Directive 76/621/EEC and Regulation (EC) No 320/2006 are repealed.  
                                                 
1 OJ C , , p. .  
2 Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of erucic 
acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils or 
fats (OJ L 202, 28.7.1976, p. 35).  
3 Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain 
contaminants in foodstuffs (OJ L 364,  20.12.2006, p. 5).  
4 Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the 
restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on 
the financing of the common agricultural  policy (OJ L 58, 28.2.2006, p. 42).  
EN 4   EN Article 2  
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly appli cable in all Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President