Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Authority, and laying down procedures in matters of food amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-01-10
Institutions: European Commission
Subjects: approximation of laws, consumer protection, food inspection, foodstuffs legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.1.2002
COM(2001) 821 final

2000/0286 (COD)

OPINION OF THE COMMISSION

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

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

laying down the general principles and requirements of food law, establishing the
European Food Authority, and laying down procedures in matters of food

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

EXPLANATORY MEMORANDUM

Article  251  (2)  third  subparagraph,  point  (c)  of  the  EC  Treaty  requires  the  Commission  to
deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.

The  Commission’s  opinion  on  the  28  amendments  to  the  common  position  proposed  by
Parliament  is  set  out  in  section  4.  In  addition,  the  Commission  takes  note  of  the  legislative
resolution  relating  to  the  criteria  for  the  seat  of  the  Authority  which  is  addressed  to  the
Council.

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2.

BACKGROUND

Adoption of the proposal by the Commission: 8 November 20001

Opinion of the Economic and Social Committee: 28 March 20012

Opinion of the Committee of the Regions: 14 June 20013

Opinion of the European Parliament at first reading:12 June 20014

Date of political agreement in Council: 28 June 2001
(unanimity without the Commission)

Date of transmission of the amended proposal: 8 August 20015

Date of adoption of the common position: 17 September 20016

Communication from the Commission concerning the common position:
18 September 20017

Adoption by Parliament of the Recommendation for a second reading : 11 December
2001

PURPOSE OF THE PROPOSAL

This  Regulation  lays  down  the  general  principles,  definitions  and  requirements  governing
food and feed in general, and food and feed safety in particular, at Community and national
level, to ensure a high level of protection and the effective functioning of the internal market.
It provides the basis for  a comprehensive, integrated approach to regulating the food supply
chain. 

It establishes an independent European Food Authority as a key component to implement this
new approach. 

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COM(2000) 716 final 2000/0286(COD) of 8.11.2000
OJ C/2001/155 of 29.05.2001 p.32
CDR/2001/64
A5-0198/2001 final of 12.06.2001
OJ C304 E, 30/10/2001, p.273
OJ C
SEC(2001) 1406 final of 18 September 2001

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It lays down procedures for matters with a direct or indirect impact on food and feed safety.

3.

COMMON POSITION

Almost all the changes adopted by the Council were in line with the central objectives of the
proposal  and  were  endorsed  by  the  Commission,  including  many  of  the  EP  amendments.
However, certain changes were not in line with the views  of the Commission.  In particular,
the Article in the Common Position referring to the Management Board of the Food Authority
differed significantly from the orientation of the Commission. For this reason the Commission
was unable to support the Common Position. 

The first reading also moved all three institutions to agree that the Rapid Alert System should
remain managed by the Commission and not the Food Authority.

The main thrust of the original proposal on General Food Law remained unchanged although
the text has been significantly re-ordered with some articles placed into a more logical order
with  principles  separated  from  requirements.  The  definitions,  particularly  the  definitions  of
food, food law, traceability and primary production were clarified, and other changes relating
to  import  and  export  of  food  and  feed,  food  and  feed  safety  requirements  were  acceptable.
Greater  clarity  was  provided  in  the  Common  Position  on  the  relationship  between  existing
food law and the principles of General Food Law and new legislation. 

4.

OPINION  OF  THE  COMMISSION  ON  THE  EUROPEAN  PARLIAMENT’S  AMENDMENTS
AT SECOND READING

4.1.

Amendments accepted by the Commission

The European  Parliament and  the  Council  worked  together  closely  with  the  Commission  to
find  compromise  solutions  to  problems  identified  in  the  Common  Position.  As  a  result  the
Commission  is  able  to  accept  all  amendments  to  the  common  position  from  the  European
Parliament. 

The  main  differences  of  opinion  that  have  been  resolved  relate  to  the  composition  and
selection procedures  for the  Management  Board  and the selection  of the Executive Director
(Amendments  16,  37,  38,  40).  These  amendments  clarify  the  selection  process  for  the
appointment of the members of the Management Board and the Executive Director..

Amendments relating to the transparency of  the Authority and those providing  greater legal
clarity  concerning  its  procedures  are  acceptable  to  the  Commission  and  in  line  with  the
Commission’s overall objectives of the original Commission proposal. (Amendments 13, 14,
19, 21, 39, 41, 42, 43). 

Amendments concerning the fees and budget of the Authority are acceptable as they take into
account  Article  49  which  provides  for  EEA/EFTA  countries  financial  contributions  and  the
fact that if fees for authorisations are established in the future this will need to be done on the
basis  of  a  further  report  (Amendments  22,  23).  With  regard  to  amendment  24,  despite  the
inappropriate reference to the co-decision procedure, the Commission is willing to accept this
amendment as part of the global compromise.

The  Commission  can  also  accept  the  name  of  the  Authority  including  the  word  Safety
(Amendment 1).

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In  addition,  a  number  of  food  law  issues  are  addressed  by  the  amendments.  The  European
Parliament amendments relating to international obligations and rights, the rights established
within the Treaty and existing legal procedures and practice are acceptable since they did not
change the objective and overall meaning of the text (Amendments 7, 31, 44). Amendments
providing  greater  legal  clarity  concerning  the  overall  risk  analysis  procedure  are  also
acceptable  (Amendments  32  and  33).  Minor  amendments  concerning  the  objectives  of  this
regulation  are  also  acceptable  (Amendments  29  and  30).  Amendment  26  is  acceptable  as  it
makes the procedures foreseen in the text for unsafe foods and feeds consistent. 

Amendments which clarify the responsibilities of food or feed businesses are also acceptable
to  the  Commission  since  they  provide  useful  clarifications  for  the  implementation  of  the
regulation (Amendments 10, 34).

The Commission supported the concept of whistle blowing in the first reading and maintains
its support for these amendments in the second reading and agrees that the reformulation of
these is now legally clear. (Amendments 35 and 36). 

4.2.

Amendments not accepted by the Commission

None

5.

CONCLUSIONS

In accordance with Article 250 (2) of the Treaty, the Commission is altering its proposal as
indicated above.

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