Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty, on the European Parliament's amendment to the Council's common position regarding the proposal for a directive of the European Parliament and of the Council relating to cocoa and chocolate products intended for human consumption, amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2000-05-15
Institutions: European Commission
Subjects: cocoa, confectionery product, foodstuffs legislation, human nutrition, vegetable fats

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.05.2000
COM(2000)286 final

1996/0112 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendment
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

relating to cocoa and chocolate products intended for human consumption

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

1

EXPLANATORY MEMORANDUM

Article 251(2)(c) of the EC Treaty provides that the Commission is to deliver an opinion on
amendments proposed by the European Parliament on the second reading.

The Commission’s opinion on the amendment proposed by Parliament is set out below.
Pursuant
it also appends an amended proposal
incorporating Parliament’s amendment, which it accepts.

to Article 250(2) of

the EC Treaty,

1.

(a)

Background

Aim of the proposal:

This proposal falls under the simplification of Community rules decided at the
European Council held in Edinburgh in December 1992. The proposal thus seeks to
its provisions to the
simplify and replace Directive 73/241/EEC and to adapt
Community regulations applicable to foodstuffs. It also seeks to ensure the free
circulation of products by laying down rules on the addition of any vegetable fats
other than cocoa butter; the Directive currently in force (73/241/EEC) provides that
the Member States can authorise or prohibit the addition of vegetables fats other than
cocoa butter. Currently, the use of vegetable fats is authorised in seven Member
States only.

Date of adoption of the proposal for the Commission Directive (COM (1995) 722
final): 17 April 1996.

Date of submission to the European Parliament and the Council: 30 May 1996.

Opinion of the Economic and Social Committee: 31 October 1996.

Parliament delivered its first opinion on 23 October 1997.

Amended Commission proposal: COM (1997) 682 final of 2 February 1998.

Date of adoption of common position: 28 October 1999.

Communication
SEC (1999) 1912 final of 18 November 1999.

from the Commission concerning

the

common

position:

On 15 March 2000, on the second reading the European Parliament adopted a
resolution in favour of the common position with one amendment.

Commission opinion on Parliament’s amendment

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

2.

The amendment seeks to insert a recital after the 14th recital of the common position, making
provision in particular for the Commission to consider what support the Community can
provide in this connection to developing countries producing cocoa and other vegetable fats.

The amendment is in line with the Commission’s policy and can accordingly be accepted.

2