Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission
Date: 2012-03-30
Institutions: European Commission
Subjects: EC Directive, European Commission, delegation of power, international standard, powers of the institutions (EU), technical specification, technological change

EUROPEAN COMMISSION 

Brussels, 30.3.2012  
COM(2012) 150 final 

2012/0075 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 
2001/114/EC as regards the powers to be conferred on the Commission 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

To  align  the  existing  Commission  implementing  powers  in  Directives  1999/4/EC, 
2000/36/EC,  2001/111/EC,  2001/113/EC  and  2001/114/EC  to  the  differentiation 
between  delegated  and  implementing  powers  of  the  Commission  introduced  by 
Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFUE) and to confer additional delegated powers on the Commission.  

The Treaty makes a distinction between the powers delegated to the Commission to 
adopt non-legislative acts of general application to supplement or amend certain non-
essential elements of the legislative act as laid down in Article 290(1) of the Treaty 
(delegated  acts),  and  the  powers  conferred  upon  the  Commission  to  adopt  uniform 
conditions  for  implementing  legally  binding  Union  acts  as  laid  down  in  Article 
291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator 
delegates to the Commission the power to adopt quasi-legislative acts. In the case of 
implementing acts, the context is very different. Indeed, Member States are primarily 
responsible  for  the  implementation  of  legally  binding  acts  of  the  European  Union. 
However, if the application of the legislative act requires uniform conditions for its 
implementation the Commission is authorised to adopt these acts. The alignment of 
Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC on 
new  rules  of  the  Treaty  is  based  on  a  classification  on  the  basis  of  the  new 
philosophy of the current Commission powers.  

In addition, still in the context of that new philosophy, the provisions of the above 
mentioned  Directives  have  also  been  scrutinized  in  order  to  identify  possible 
supplementary need in term of powers to be conferred to the Commission under the 
new classification of the Treaty.  

At the end of this exercise, a draft proposal for amendment of Directives 1999/4/EC, 
2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC has been prepared. 

•  General context 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFUE) distinguish two different types of Commission acts: 

–  Article 290 of the TFUE allows the legislator to "delegate to the Commission the 
power  to  adopt  non-legislative  acts  of  general  application  to  supplement  or 
amend certain non-essential elements of a legislative act". Legal acts adopted by 
the Commission in this way are referred to in the terminology used by the Treaty 
as "delegated acts" (Article 290(3)). 

–  Article 291 of the TFUE allows Member States to "adopt all measures of national 
law necessary to implement legally binding Union acts". Those acts shall confer 
implementing  powers  on  the  Commission  where  uniform  conditions  for 
implementing them are needed. Legal acts adopted by the Commission in this way 

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are  referred  to  in  the  terminology  used  by  the  Treaty  as  "implementing  acts" 
(Article 291(4)) 

•  Existing provisions in the area of the proposal 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFUE).  

Council Decision 1999/468/EC of 28 June 1999, laying down the procedures for the 
exercise  of  implementing  powers  conferred  on  the  Commission,  as  modified  by 
Council  Decision  2006/512/EC,  repealed  by  Regulation  (EU)  No  182/2011  of  the 
European  Parliament  and  of  the  Council  of  16  February  2011,  laying  down  the 
general  principle  concerning  mechanisms  for  control  by  Member  States  of  the 
Commission's exercise of implementing powers.  

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

•  Consultation of interested parties 

•  Collection and use of expertise 

There  was  no  need  for  consultation  of  interested  parties  or  for  external  expertise 
since the proposal is an inter-institutional matter that will concern all Council and/or 
Council and European Parliament acts. 

•  Impact assessment 

No need of impact assessment since the proposal is an inter-institutional matter that 
will concern all Council and/or Council and European Parliament acts.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Identify  the  delegated  and  implementing  powers  that  should  be  conferred  upon  the 
Commission  as 
regards  Directives  1999/4/EC,  2000/36/EC,  2001/111/EC, 
2001/113/EC  and  2001/114/EC  and  establish  the  corresponding  procedure  for 
adoption of these acts in the new legal context determined by the entry into force of 
Articles 290 and 291 of the TFUE.  

•  Legal basis 

Articles 43 and 114 of the Treaty on the Functioning of the European Union. 

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•  Subsidiarity principle 

The proposal falls under shared competence between the EU and the Member States 
and complies with the subsidiarity principle. 

•  Proportionality principle  

The proposal complies with the proportionality principle. 

•  Choice of instruments 

The  proposal  is  part  of  the  alignment  exercise  and  concern  only  powers  of  the 
Commission in the new legal context created by the Lisbon Treaties. Provisions on 
the Commission's delegated powers have not to be transposed in the Member States' 
legal orders. Therefore, the form of a Regulation is chosen.  

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2012/0075 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 
2001/114/EC as regards the powers to be conferred on the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 43(2) and 114(1) thereof,  

Having regard to the proposal from the European Commission1, 

After transmission of the draft legislative act to the national Parliaments, 

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

Directive  1999/4/EC  of  the  European  Parliament  and  of  the  Council  of  22  February 
1999  relating  to  coffee  extracts  and  chicory  extracts3,  Directive  2000/36/EC  of  the 
European  Parliament  and  of  the  Council  of  23  June  2000  relating  to  cocoa  and 
chocolate products intended for human consumption4, Council Directive 2001/111/EC 
of  20  December  2001  relating  to  certain  sugars  intended  for  human  consumption5, 
Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and 
marmalades  and  sweetened  chestnut  purée  intended  for  human  consumption6  and 
Council  Directive  2001/114/EC  of  20  December  2001  relating  to  certain  partly  or 
wholly  dehydrated  preserved  milk  for  human  consumption7  confer  powers  on  the 
Commission  in  order  to  implement  some  of  their  provisions,  to  be  exercised  in 
accordance  with  the  procedures  laid  down  in  Council  Decision  1999/468/EC  of  28 
June  1999  laying  down  the  procedures  for  the  exercise  of  implementing  powers 
conferred on the Commission8 as amended by Council Decision 2006/512/EC9. 

1 
2 
3 
4 
5 
6 
7 
8 
9 

OJ C , , p. . 
OJ C , , p. . 
OJ L 66, 13.3.1999, p. 26. 
OJ L 197, 3.8.2000, p. 19. 
OJ L 10, 12.1.2002, p. 53. 
OJ L 10, 12.1.2002, p. 67. 
OJ L 15, 17.1.2002, p. 19. 
OJ L 184, 17.7.1999, p. 23. 
OJ L 200, 22.7.2006, p. 11. 

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(2) 

(3) 

(4) 

(5) 

(6) 

As a consequence of the entry into force of the Lisbon Treaty, those powers need to be 
aligned  to  Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union  (the 
Treaty).  

to  Directives  1999/4/EC,  2000/36/EC,  2001/111/EC,  and 
Although  Annexes 
2001/114/EC contain technical elements which might have to be adapted or updated to 
take account of developments in relevant international standards, those Directives do 
not confer on the Commission appropriate powers to promptly adapt or update those 
Annexes  to  take  account  of  developments  in  international  standards.  In  addition, 
Directive  1999/4/EC  does  not  confer  on  the  Commission  appropriate  powers  to 
promptly adapt or update its Annex to take account of technical progress, although that 
Annex contains technical elements which might also have to be adapted or updated to 
take  account  of  technical  progress.  Furthermore,  although  containing  technical 
elements  which  might  have  to  be  adapted  or  updated  to  take  account  of  technical 
progress, Sections A and B(1) of Annex I to Directive 2000/36/EC are not covered by 
the  Commission's  powers  to  adapt  certain  provisions  of  that  Annex  to  technical 
progress.  Therefore,  for  the  consistent  implementation  of  Directives  1999/4/EC, 
2000/36/EC,  2001/111/EC,  2001/113/EC  and  2001/114/EC,  the  additional  powers  to 
adapt or update the Annexes to Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, and 
2001/114/EC  to  take  account  of  technical  progress  and  of  developments  in 
international standards should also be conferred on the Commission 

to  adapt  or  update 

Therefore,  in  order  to  supplement  or  amend  certain  non-essential  elements  of 
Directives  1999/4/EC,  2000/36/EC,  2001/111/EC,  2001/113/EC  and  2001/114/EC  to 
take  account  of  technical  progress  and/or,  where  appropriate,  the  developments  in 
international standards, the power to adopt acts in accordance with Article 290 of the 
Treaty should be delegated to the Commission in respect of the following scope and 
content:  as  regards  Directive  1999/4/EC, 
technical 
characteristics  related  to  the  product  descriptions  and  definitions  in  the  Annex, 
normally  expressed  in  percentages;  as  regards  Directive  2000/36/EC,  to  adapt  or 
update  the  technical  characteristics  related  to  the  sales  names  and  definitions  of 
Section  A  of  Annex  1,  normally  expressed  in  percentages  and/or  grams,  as  well  as 
Sections  B,  C  and  D  of  that  Annex;  as  regards  Directive  2001/111/EC,  to  adapt  or 
update  Part  A  of  the  Annex  in  respect  of  the  technical  characteristics  related  to  the 
product  names  and  definitions,  as  well  as  Part  B  of  the  Annex;  as  regards  Directive 
2001/113/EC,  to  adapt  or  update  Annex  I  in  respect  of  the  technical  characteristics 
related  to  the  product  names  and  definitions,  normally  expressed  in  grams  and/or 
percentage,  as  well  as  Annex  II  and  Part  B  of  Annex  III;  and  as  regards  Directive 
2001/114/EC,  to  adapt  or  update  Annex  I  in  respect  of  the  technical  characteristics 
related  to  the  definitions  of  products  and  product  names,  normally  expressed  in 
percentages, as well as Annex II.  

the 

It is of particular importance that the Commission carry out appropriate consultations 
during  its  preparatory  work,  including  at  expert  level.  The  Commission,  when 
preparing  and  drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and 
appropriate transmission of relevant documents to the European Parliament and to the 
Council. 

Following the adoption of Regulation (EC) No 178/2002 of the European Parliament 
and  of  the  Council  of  28  January  2002  laying  down  the  general  principles  and 
requirements of food law, establishing the European Food Safety Authority and laying 

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down procedures in matters of food safety10, which applies to all stages of production, 
processing  and  distribution  of  food  and  feed  at  Union  and  national  level,  general 
Union  provisions  on  foodstuffs  apply  directly  to  the  products  covered  by  Directives 
1999/4/EC,  2000/36/EC,  2001/111/EC,  2001/113/EC  and  2001/114/EC.  As  a 
consequence, it is no longer necessary for the Commission to have the powers to align 
the provisions of those Directives to the general Union provisions on foodstuffs. The 
provisions conferring such powers should therefore be deleted.  

(7) 

(8) 

Directives  1999/4/EC,  2000/36/EC,  2001/111/EC,  2001/113/EC  and  2001/114/EC 
should therefore be amended accordingly. 

Since  the  amendments  made  to  Directives  1999/4/EC,  2000/36/EC,  2001/111/EC, 
2001/113/EC  and  2001/114/EC  concern  the  Commission  powers  only,  they  do  not 
need to be transposed by the Member States,  

HAVE ADOPTED THIS REGULATION: 

Articles 4 and 5 of Directive 1999/4/EC are replaced by the following:  

Article 1 

'Article 4 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  5  to  amend  the  technical  characteristics  related  to  the  product  descriptions 
and  definitions  in  the  Annex  to  take  account  of  the  developments  in  relevant 
international standards, where appropriate, and of technical progress. 

Article 5  

1. 

2. 

3. 

The power to adopt the delegated acts referred to in this Directive is conferred 
on the Commission subject to the conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 4 shall be conferred on 
the  Commission  for  an  indeterminate  period  of  time  from  (…).  (Publications 
Office is to fill in the date of entry into force of this amending Act). 

The delegation of power referred to in Article 4 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an 
end to the delegation of the power specified in that decision. It shall take effect 
the day following the publication in the Official Journal of the European Union 
or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  the 
delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council . 

10 

OJ L 31, 1.2.2002, p. 1. 

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5.  A delegated act adopted pursuant to Article 4 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within  a  period  of  two  months  from  the  date  of  notification  of  that  act  to  the 
European Parliament and the Council or if, before the expiry of that period, the 
European Parliament and the Council have both informed the Commission that 
they  will  not  object.  That  period  shall  be  extended  by  two  months  at  the 
initiative of the European Parliament or of the Council. ' 

Articles 5 and 6 of Directive 2000/36/EC are replaced by the following:  

Article 2 

'Article 5 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  6  to  amend  the  technical  characteristics  related  to  the  sales  names  and 
definitions of Section A of Annex 1, as well as Sections B, C and D of that Annex, to 
take  account  of  the  developments  in  relevant  international  standards,  where 
appropriate, and of technical progress. 

Article 6 

1. 

2. 

3. 

The power to adopt the delegated acts referred to in this Directive is conferred 
on the Commission subject to the conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 5 shall be conferred on 
the  Commission  for  an  indeterminate  period  of  time  from  (…).(Publications 
Office is to fill in the date of entry into force of this amending Act).  

The delegation of power referred to in Article 5 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an 
end to the delegation of the power specified in that decision. It shall take effect 
the day following the publication in the Official Journal of the European Union 
or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  the 
delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council . 

5.  A delegated act adopted pursuant to Article 5 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within  a  period  of  two  months  from  the  date  of  notification  of  that  act  to  the 
European Parliament and the Council or if, before the expiry of that period, the 
European Parliament and the Council have both informed the Commission that 
they  will  not  object.  That  period  shall  be  extended  by  two  months  at  the 
initiative of the European Parliament or of the Council.' 

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Articles 4 and 5 of Directive 2001/111/EC are replaced by the following:  

Article 3 

'Article 4 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  5  to  amend  Part  A  of  the  Annex  in  respect  of  the  technical  characteristics 
related to the product names and definitions, as well as Part B of the Annex, to take 
account  of  the  developments  in  relevant  international  standards,  where  appropriate, 
and of technical progress. 

Article 5 

1. 

2. 

3. 

The power to adopt the delegated acts referred to in this Directive is conferred 
on the Commission subject to the conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 4 shall be conferred on 
the  Commission  for  an  indeterminate  period  of  time  from  (…).  (Publications 
Office is to fill in the date of entry into force of this amending Act) 

The delegation of power referred to in Article 4 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an 
end to the delegation of the power specified in that decision. It shall take effect 
the day following the publication in the Official Journal of the European Union 
or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  the 
delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council . 

5.  A delegated act adopted pursuant to Article 4 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within  a  period  of  two  months  from  the  date  of  notification  of  that  act  to  the 
European Parliament and the Council or if, before the expiry of that period, the 
European Parliament and the Council have both informed the Commission that 
they  will  not  object.  That  period  shall  be  extended  by  two  months  at  the 
initiative of the European Parliament or of the Council.' 

Articles 5 and 6 of Directive 2001/113/EC are replaced by the following:  

Article 4 

'Article 5 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 6 to amend Annex I in respect of the technical characteristics related to the 
product names and definitions, as well as Annex II and Part B of Annex III, to take 

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account  of  the  developments  in  relevant  international  standards,  where  appropriate, 
and of technical progress. 

Article 6 

1. 

2. 

3. 

The power to adopt the delegated acts referred to in this Directive is conferred 
on the Commission subject to the conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 5 shall be conferred on 
the  Commission  for  an  indeterminate  period  of  time  from  (…).  (Publications 
Office is to fill in the date of entry into force of this amending Act). 

The delegation of power referred to in Article 5 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an 
end to the delegation of the power specified in that decision. It shall take effect 
the day following the publication in the Official Journal of the European Union 
or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  the 
delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 
simultaneously to the European Parliament and to the Council .5.  A delegated 
act adopted pursuant to Article 5 shall enter into force only if no objection has 
been  expressed  either  by  the  European  Parliament  or  the  Council  within  a 
period of two months from the date of notification of that act to the European 
Parliament and the Council or if before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will 
not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council.' 

Articles 5 and 6 of Directive 2001/114/EC are replaced by the following:  

Article 5 

'Article 5 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 6 to amend Annex I in respect of the technical characteristics related to the 
definitions of products and product names, as well as Annex II, to take account of the 
developments in relevant international standards, where appropriate, and of technical 
progress. 

Article 6 

1. 

The power to adopt the delegated acts referred to in this Directive is conferred 
on the Commission subject to the conditions laid down in this Article. 

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2. 

3. 

The power to adopt delegated acts referred to in Article 5 shall be conferred on 
the  Commission  for  an  indeterminate  period  of  time  from  (…).  (Publications 
Office is to fill in the date of entry into force of this amending Act). 

The delegation of power referred to in Article 5 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an 
end to the delegation of the power specified in that decision. It shall take effect 
the day following the publication in the Official Journal of the European Union 
or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  the 
delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council . 

5.  A delegated act adopted pursuant to Article 5 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within  a  period  of  two  months  from  the  date  of  notification  of  that  act  to  the 
European Parliament and the Council or if, before the expiry of that period, the 
European Parliament and the Council have both informed the Commission that 
they  will  not  object.  That  period  shall  be  extended  by  two  months  at  the 
initiative of the European Parliament or of the Council.' 

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

Article 6 

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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