Proposal for a Regulation of the European Parliament and of the Council amending Regulation EC No…/…on the addition of vitamins and minerals and of certain other substances to foods
Date: 2006-10-13
Institutions: European Commission
Subjects: European Commission, food supplement, foodstuff, powers of the institutions (EU), vitamin

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.10.2006 
COM(2006) 606 final 

2006/0193 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation EC No…/…on the addition of vitamins and minerals and of 
certain other substances to foods 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

(cid:121) 

Grounds for and objectives of the proposal 

The  proposal  aims  to  amend  Regulation  (EC)  No…/…  of  the  European 
Parliament  and  the  Council  on  the  addition  of  vitamins  and  minerals  and  of 
certain  other  substances  to  foods,  to  align  it  with  Council  Decision 
2006/512/EC  amending  Decision  1999/468/EC  laying  down  the  procedures 
for the exercise of implementing powers conferred to the Commission. 

(cid:121) 

General context 

Council  Decision  1999/468/EC  of  28  June  1999  laying  down  procedures  for 
the exercise of implementing powers conferred on the Commission has been 
amended  by  Council  Decision  2006/512/EC  of  17  July  2006.  This  decision 
established  a  new  Comitology  procedure:  the  "regulatory  procedure  with 
scrutiny". Article 2 paragraph 2 of Decision 1999/468/EC, as amended, reads : 
"  Where  a  basic  instrument,  adopted  in  accordance  with  the  procedure 
referred to in Article 251 of the Treaty, provides for the adoption of measures 
of general scope designed to amend non-essential elements of that instrument, 
inter  alia  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument  by  the  addition  of  new  non-essential  elements,  those  measures 
shall be adopted in accordance with the regulatory procedure with scrutiny." 

The new rules have become applicable at the date of the entry into force of the 
amending Decision (23 July 2006). 

The  present  proposal  aims  to  amend  Regulation  (EC)  No…/…  of  the 
European Parliament and the Council on the addition of vitamins and minerals 
and  of  certain  other  substances  to  foods,  to  align  it  with  Council  Decision 
2006/512/EC  amending  Decision  1999/468/EC  laying  down  the  procedures 
for the exercise of implementing powers conferred to the Commission. 

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

2)  LEGAL ELEMENTS OF THE PROPOSAL 

(cid:121) 

Summary of the proposed action 

The present proposal aims to introduce in the Regulation (EC) No…/… of the 
European Parliament and the Council on the addition of vitamins and minerals 
and  of  certain  other  substances  to  foods  reference  to  the  new  Regulatory 
procedure with scrutiny 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  Council  Decision 
2006/512/EC. 

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(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 

The proposal has no implication for the Community budget. 

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2006/0193 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation EC No…/…on the addition of vitamins and minerals and of 
certain other substances to 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  by  the  regulatory 
procedure with scrutiny should be curtailed in certain cases. 

(5)  Where, on imperative grounds of urgency, the time-limits laid down in the regulatory 
procedure  with  scrutiny  cannot  be  complied  with,  the  Commission  should  be 
authorized  to  apply  in  certain  cases  the  urgency  procedure  provided  for  in 
Article 5a(6) of Decision 1999/468/EC. 

(6) 

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

HAVE ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

Article 3 (3), first subparagraph, is amended as follows: 

(a) 

"Article 14(2)" is replaced by "Article 14 (4)"  

(b)  The following second sentence is added: 

"On imperative grounds of urgency, the Commission may apply the procedure 
referred to in Article 14 (5)". 

(2) 

In Article 4, second paragraph, Article 5(1), Article 6(1),(2) and (6) and Article 7(1), 
"Article 14(2)" is replaced by "Article 14(3)"  

(3) 

Article 8(2) is amended as follows: 

(a) 

"Article 14(2)" is replaced by "Article 14(3)". 

(b)  The following second sentence is added: 

"On imperative grounds of urgency, the Commission may apply the procedure 
referred to in Article 14 (5)". 

(4) 

Article 8(5) is amended as follows: 

(a) 

"Article 14(2)" is replaced by "Article 14(3)". 

(b)  The following second sentence is added: 

"On imperative grounds of urgency, the Commission may apply the procedure 
referred to in Article 14 (5)". 

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(5) 

Article 14 is replaced by the following: 

"Article 14 
Committee procedure 

1. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food 
Chain  and  Animal  Health  established  by  Article  58(1)  of  Regulation  (EC) 
No 178/2002, hereinafter referred to as "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 5 a (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  periods  laid  down  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. 

5.  Where  reference  is  made  to  this  paragraph,  Article  5a  (1),  (2)  and  (6)  and 
Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions 
of Article 8 thereof." 

This Regulation shall enter into force on the twentieth days 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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