REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred to the Commission pursuant to Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 November 2015 on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC
Date: 2020-03-02
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: approximation of laws, delegated legislation, food additive, food chemistry, human nutrition, labelling, milk by-product, milk protein, powers of the institutions (EU), transfer of competence

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  EN 

   EUROPEAN COMMISSION  Brussels, 2.3.2020  COM(2020) 74 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred to the Commission pursuant to Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 November 2015 on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC   
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE 
COUNCIL 

On the exercise of the power to adopt delegated acts conferred to the Commission pursuant 
to Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 
November 2015 on the approximation of the laws of the Member States relating to caseins 
and caseinates intended for human consumption and repealing Council Directive 
83/417/EEC 

Contents 
1.  DIRECTIVE (EU) 2015/2203 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 25 
NOVEMBER 2015 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO 
CASEINS AND CASEINATES INTENDED FOR HUMAN CONSUMPTION AND REPEALING COUNCIL 
DIRECTIVE 83/417/EEC .............................................................................................................................. 1 

1.1. 

Introduction ................................................................................................................................. 1 

1.2.  Legal Basis ................................................................................................................................... 2 

1.3.  Exercise of Delegation ................................................................................................................. 2 

1.4.  Conclusions .................................................................................................................................. 2 

1.  DIRECTIVE (EU) 2015/2203 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 25 
NOVEMBER  2015  ON  THE  APPROXIMATION  OF  THE  LAWS  OF  THE  MEMBER  STATES 
RELATING  TO  CASEINS  AND  CASEINATES  INTENDED  FOR  HUMAN  CONSUMPTION  AND 
REPEALING COUNCIL DIRECTIVE 83/417/EEC 

1.1.  Introduction 
Directive  (EU)  2015/2203  of  the  European  Parliament  and  of  the  Council1  provides  for  the 
approximation of the laws of the Member States on caseins and caseinates intended for human 
consumption to  facilitate the free movement  of  goods in  the internal  market  while providing  a 
high level of protection of health. 

1   Directive  (EU)  2015/2203  of  the  European  Parliament  and  of  the  Council  of  25  November  2015  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  caseins  and  caseinates  intended  for  human 
consumption and repealing Council Directive 83/417/EEC, OJ L 314, 1.12.2015, p. 1 

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Article  5  empowers  the  Commission  to  adopt  delegated  acts  to  amend  the  standards  set  out  in 
Annexes I and II in order to take account of developments in relevant international standards and 
of technical progress. 

1.2.  Legal Basis 

The report is required under Article 6(2). Pursuant to this provision, the power to adopt delegated 
acts referred to in Article 5 shall be conferred on the Commission for a period of five years from 
21 December 2015. The Commission shall draw up a report in respect of the delegation of power 
not  later  than  nine  months  before  the  end  of  the  five-year  period.  The  delegation  of  power  is 
tacitly  extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council opposes such extension not later than three months before the end of each period. 

1.3.  Exercise of Delegation 

The Commission has not adopted any delegated act pursuant to Article 5 since the Commission 
has not identified any need to amend the standards set out in Annexes I and II. The Commission 
does at this moment not intend to use the empowerment in the near future. However, it cannot be 
excluded that it can become necessary to use it. 

1.4.  Conclusions 

The empowerment has not been used, because there was no legal obligation nor any necessity to 
use it. 

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