Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No …/… on nutrition and health claims made on foods
Date: 2006-10-13
Institutions: European Commission
Subjects: European Commission, consumer information, foodstuff, labelling, powers of the institutions (EU), public health

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.10.2006 
COM(2006) 607 final 

2006/0195 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No …/… on nutrition and health claims made on foods  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

(cid:121) 

Grounds for and objectives of the proposal 

The  proposal  aims  to  amend  Regulation  (EC)  No  …/…  of  the  European 
Parliament  and  of  the  Council  on  nutrition  and  health  claims  made  on  foods 
(Regulation  on  claims),  in  order  to  align  it  with  the  new  Council  Decision 
(EC) 2006/512 amending Decision 1999/468/EC laying down the procedures 
for the exercise of implementing powers conferred on the Commission. 

120 

(cid:121) 

General context 

The Council adopted Decision 1999/468/EC of 28 June 1999 laying down the 
procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission. This Decision provided for a limited number of procedures for 
the exercise of such powers. The Council Decision (EC) 2006/512 introduced 
a new Committee procedure named regulatory procedure with scrutiny.  

The  new  Committee  procedure  has  to  be  followed  to  adopt  measures  of 
general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument adopted in accordance with the procedure referred to in Article 251 
of  the  Treaty,  inter  alia  by  deleting  some  of  those  elements  or  by 
supplementing the instrument by the addition of new nonessential elements.  

The  Regulation  on  claims  covers  nutrition  and  health  claims  used  in  the 
labelling,  presentation  and  advertising  of  foods.  Only  nutrition  and  health 
claims  that  are  in  conformity  with  the  provisions  of  this  Regulation  are 
allowed on the labelling, presentation and advertising of foods placed on the 
market  within  the  Community  and  delivered  as  such  to  the  final  consumer. 
The Regulation always refers to the regulatory procedure when implementing 
powers  are  conferred  to  the  Commission,  and  therefore  has  to  be  adapted, 
when necessary, to the new Committee regulatory with scrutiny procedure. 

Due to the urgency of the matter it will be necessary that the adoption of this 
proposal by the Parliament and Council take place by December 2006. 

2)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

(cid:121) 

Summary of the proposed action 

The  present  proposal  aims  to  introduce  in  the  Regulation  a  reference  to  the 
new  regulatory  procedure  with  scrutiny  procedure  in  all  cases  where  the 
Commission  is  empowered  to  adopt  quasi-legislative  measures  within  the 
meaning of Article 2 of Decision 1999/468/EC laying down the procedures for 
the  exercise  of  implementing  powers  conferred  to  the  Commission,  as 
amended by Decision 2006/512/EC. 

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310 

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341 

342 

(cid:121) 

(cid:121) 

Legal basis 

Article 95 of the EC Treaty 

Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The 
subsidiarity principle therefore does not apply. 

(cid:121) 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle  for  the  following 
reason. 

The  proposal  is  limited  to  the  amendments  strictly  necessary  to  align  the 
Regulation to the new Comitology Decision. 

(cid:121) 

Choice of instruments 

Proposed instruments: Regulation. 

Other means would not be adequate for the following reason. 

The proposal concerns amendments to an existing Regulation 

3)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

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2006/0195 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No …/… on nutrition and health claims made on foods  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

Regulation  (EC)  No…/…  of  the  European  Parliament  and  of  the  Council5  provides 
that the regulatory procedure established by Council Decision 1999/468/EC of 28 June 
1999 laying down the procedures for the exercise of implementing powers conferred 
on  the  Commission6  is  to  be  applied  for  the  adoption  of  implementing  measures 
concerning that Regulation. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a  regulatory  procedure  with  scrutiny  to  be  used  for  the  adoption  of  implementing 
measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument adopted in accordance with the procedure referred to in Article 251 of the 
Treaty,  including  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument by the addition of new non-essential elements. 

(3) 

The regulatory procedure with scrutiny should therefore be followed for measures of 
general scope designed to amend non-essential elements of Regulation (EC) No…/….. 

1 
2 
3 
4 
5 
6 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L , , p. . 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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(4) 

On  the  grounds  of  efficiency  the  normal  time-limits  laid  down  for  the  regulatory 
procedure with scrutiny should be curtailed in certain cases. 

(5) 

Regulation (EC)…/… should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Regulation (EC) No …/… is amended as follows: 

Article 1 

(1) 

(2) 

In  Article  1(2),  second  subparagraph,  Article  3(d),  and  Article  4(1),  first  and  sixth 
subparagraphs, “Article 25(2)” is replaced by “Article 25 (3)”. 

In Article 4(5), Article 8(2), Article 13(3) and (4), and Article 17(3), “Article 25(2)” 
is replaced by “Article 25 (4)”. 

(3) 

Article 25 is replaced by the following: 

"Article 25 
Committee procedure 

1. 

The Commission shall be assisted by the Committee. 

2.  Where  reference 

this  paragraph,  Articles  5  and  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 
thereof. 

is  made 

to 

The  period  laid  down  in  Article 5(6)  of  Decision 1999/468/EC  shall  be  set  at 
three months. 

3.  Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 
thereof.  

4.  Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b) and 
Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions 
of Article 8 thereof.  

The  time-limits  provided  for  in  Article  5a(3)(c)  and  4(b)  and  (e)  of  Decision 
1999/468/EC  shall  be  set  at  two  months,  one  month  and  two  months 
respectively." 

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

Article 2 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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