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 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2008-10-16
Institutions: European Commission
Subjects: approximation of laws, consumer protection, enzyme, foodstuff, foodstuffs legislation, public health

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.10.2008 
COM(2008) 607 final 

2006/0144 (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 

on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) 
No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and 
Regulation (EC) No 258/97  

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

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2006/0144 (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 

on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) 
No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and 
Regulation (EC) No 258/97  

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  provides  that  the 
Commission is to deliver an opinion on the amendments proposed by the European 
Parliament  at  second  reading.  The  Commission  sets  out  its  opinion  below  on  the 
amendments proposed by the Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM((2006)0425 final – 2006/0144(COD): 

28 July 2006 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

25 April 2007 

Date of the opinion of the European Parliament, first reading: 

10 July 2007 

Date of transmission of the amended proposal: 

24 October 2007 

Date of political agreement 

Date of adoption of the common position: 

17 December 2007 

10 March 2008 

Date of the opinion of the European Parliament (Second Reading) 

8 July 2008  

3. 

PURPOSE OF THE PROPOSAL 

The Commission announced in the White Paper on Food Safety a proposal amending 
the  framework  Directive  89/107/EEC  on  food  additives  to  lay  down  specific 
provisions in respect of food enzymes. In-depth assessment of the situation has led to 
the development of a specific proposal for food enzymes. 

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Currently  the  scope  of  Directive  89/107/EEC  only  covers  enzymes  used  as  food 
additives.  The  remaining  enzymes  are  not  regulated  at  all  or  are  regulated  as 
processing  aids  under  the  legislation  of  the  Member  States,  which  is  diverse.  With 
respect to safety, there is neither safety evaluation nor authorisation of food enzymes 
at  Community  level,  except  for  those  that  are  considered  as  food  additives.  The 
proposal aims to establish harmonised rules for food enzymes at Community level, in 
order to promote fair trading and effective functioning of the internal market and to 
ensure protection of human health and consumers' interests. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

The  EP  voted  in  second  reading  a  consolidated  text  which  contains  a  number  of 
amendments to the text of the Common Position. The text is the result of negotiations 
between  the  Council,  the  EP  and  the  Commission.  All  amendments  are  mainly  of 
technical  nature  and  are  in  line  with  the  key  principles  of  the  initial  proposal.  The 
most  important  amendments  concern  the  clarification  of  the  interplay  between  the 
proposed Regulation on enzymes and Regulation (EC) No 1829/2003 on genetically 
modified  food  and  feed.  Two  other  amendments  strengthen  the  precautionary 
principle and further clarify the principle of not misleading the consumer. 

The Commission accepts all the amendments voted by the EP. The outcome of the 
second reading in the EP was very satisfactory. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as 
set out above. 

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