Regulation (EC) No 298/2008 of the European Parliament and of the Council of 11 March 2008 amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: animal nutrition, consumer information, food safety, foodstuff, genetically modified organism, labelling, transgenic animal

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REGULATION (EC) No 298/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the
implementing powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(4)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 37, 95 and 152, paragraph 4,
point (b) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1829/2003 of the European Parlia-
ment and of the Council (3) provides that certain measures
are to be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the proce-
dures for the exercise of implementing powers conferred
on the Commission (4).

Decision 1999/468/EC has been amended by Decision
2006/512/EC, which introduced the regulatory procedure
with scrutiny for the adoption of measures of general scope
and designed 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 delet-
ing some of those elements or by supplementing the
instrument with new non-essential elements.

In accordance with the statement by the European Parlia-
ment, the Council and the Commission (5) concerning
Decision 2006/512/EC, for the regulatory procedure with
scrutiny to be applicable to instruments adopted in accor-
dance with the procedure referred to in Article 251 of the
Treaty which are already in force, those instruments must
be adjusted in accordance with the applicable procedures.

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of the European Parliament of 29 November 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

(3) OJ L 268, 18.10.2003, p. 1. Regulation as amended by Commission
Regulation (EC) No 1981/2006 (OJ L 368, 23.12.2006, p. 99).
(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(5) OJ C 255, 21.10.2006, p. 1.

The Commission should be empowered to define whether
a type of food or feed falls within the scope of Regulation
(EC) No 1829/2003, to lower the thresholds for the label-
ling of the adventitious and technically unavoidable pres-
ence of material which contains, consists of or is produced
from genetically modified organisms and for the adventi-
tious or technically unavoidable presence of genetically
modified material which has benefited from a favourable
risk assessment in food and feed, and to adopt measures
regarding certain labelling and information requirements
incumbent on operators and mass caterers. Since those
measures are of general scope and are designed to amend
non-essential elements of Regulation (EC) No 1829/2003,
inter alia, by supplementing it with new non-essential ele-
ments, they must be adopted in accordance with the regu-
latory procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

(5)

Regulation (EC) No 1829/2003 should therefore be
amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments

Regulation (EC) No 1829/2003 is hereby amended as follows:

1. Article 3(2) shall be replaced by the following:

‘2. Where necessary, measures designed to amend non-
essential elements of this Regulation by supplementing it and
determining whether a type of food falls within the scope of
this Section shall be adopted in accordance with the regula-
tory procedure with scrutiny referred to in Article 35(3).’;

2. Article 12(4) shall be replaced by the following:

‘4. Measures designed to amend non-essential elements of
this Regulation by supplementing it and establishing appro-
priate lower thresholds, in particular in respect of foods con-
taining or consisting of GMOs, or taking account of advances
in science and technology shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 35(3).’;

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3. Article 14 shall be replaced by the following:

6. Article 26 shall be replaced by the following:

‘Article 14

Implementing measures

‘Article 26

Implementing measures

The following measures may be adopted by the

1.
Commission:

— measures necessary for operators to satisfy the compe-

tent authorities as referred to in Article 12(3),

— measures necessary for operators to comply with the

labelling requirements set out in Article 13,

— specific rules concerning the information to be given by
mass caterers providing food to the final consumer. In
order to take account of the specific situation of mass
caterers, such rules may provide for adaptation of the
requirements set out in Article 13(1)(e).

The following measures may be adopted by the

1.
Commission:

— measures necessary for operators to satisfy the compe-

tent authorities as referred to in Article 24(3),

— measures necessary for operators to comply with the

labelling requirements set out in Article 25.

Those measures, designed to amend non-essential elements
of this Regulation, inter alia, by supplementing it, shall be
adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 35(3).

In addition, detailed rules to facilitate the uniform
2.
application of Article 25 may be adopted in accordance with
the regulatory procedure referred to in Article 35(2).’;

Those measures, designed to amend non-essential elements
of this Regulation, inter alia, by supplementing it, shall be
adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 35(3).

7.

in Article 32, the fifth paragraph shall be replaced by the
following:

2.
In addition, detailed rules to facilitate the uniform
application of Article 13 may be adopted in accordance with
the regulatory procedure referred to in Article 35(2).’;

4. Article 15(2) shall be replaced by the following:

‘2. Where necessary, measures designed to amend non-
essential elements of this Regulation by supplementing it and
determining whether a type of feed falls within the scope of
this Section shall be adopted in accordance with the regula-
tory procedure with scrutiny referred to in Article 35(3).’;

5. Article 24(4) shall be replaced by the following:

‘Detailed rules for implementing this Article and the Annex
may be adopted in accordance with the regulatory procedure
referred to in Article 35(2).

Measures designed to amend non-essential elements of this
Regulation and adapting the Annex shall be adopted in accor-
dance with the regulatory procedure with scrutiny referred to
in Article 35(3).’;

8. Article 35(3) shall be replaced by the following:

reference

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

is made

9. Article 47(3) shall be replaced by the following:

‘4. Measures designed to amend non-essential elements of
this Regulation by supplementing it and establishing appro-
priate lower thresholds, in particular in respect of feed con-
taining or consisting of GMOs, or taking account of advances
in science and technology shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 35(3).’;

‘3. Measures designed to amend non-essential elements of
this Regulation by supplementing it and lowering the thresh-
olds referred to in paragraph 1, in particular for GMOs sold
directly to the final consumer, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 35(3).’

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Article 2

Entry into force

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

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

Done at Strasbourg, 11 March 2008.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
J. LENARČIČ