CELEX: 52015PC0174
Language: en
Date: 2015-04-22
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing Council Directive 76/621/EEC relating to the fixing of the maximum level of erucic acid in oils and fats and Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry

EUROPEAN
                             COMMISSION
                                                     Brussels, 22.4.2015
                                                     COM(2015) 174 final
                                                     2015/0090 (COD)
                                        Proposal for a
     REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   repealing Council Directive 76/621/EEC relating to the fixing of the maximum level of
    erucic acid in oils and fats and Council Regulation (EC) No 320/2006 establishing a
               temporary scheme for the restructuring of the sugar industry
EN                                                                                       EN
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   Acts which were adopted over the last decades have exhausted all their effects, but remain
   technically in force. They have become obsolete because of their temporary character or
   because their content has been taken up by successive acts. The European Parliament, the
   Council and the Commission agreed in their inter-institutional agreement on better law
   making that Community law should be updated and condensed by repealing acts which are no
   longer applied. Acts which have no continued relevance should be removed from the 'acquis
   communautaire', in order to improve transparency and certainty of Union law.
   The Commission has carried out several exercises to remove obsolete legislation from the
   acquis, partly through the traditional repeal procedure, partly by declaring the relevant
   Commission acts obsolete. The Commission identified two Council acts related to the
   Common Agricultural Policy, which are based upon Article 42 and 43 of the Treaty (former
   Articles 36 and 37), which have exhausted all practical effects, but are formally still in force.
   It is not within the Commission's powers to declare obsolete acts which were adopted by the
   Council. In the interest of legal certainty, the Commission suggests that the acts listed in this
   proposal shall be repealed by the Council and the European Parliament.
EN                                                  2                                                EN
 ---pagebreak---                                                                  2015/0090 (COD)
                                                    Proposal for a
       REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
     repealing Council Directive 76/621/EEC relating to the fixing of the maximum level of
       erucic acid in oils and fats and Council Regulation (EC) No 320/2006 establishing a
                    temporary scheme for the restructuring of the sugar industry
   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 the
   first subparagraph of Article 42 and Article 43(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee1,
   Acting in accordance with the ordinary legislative procedure,
   Whereas:
   (1)     Improving the transparency of Union law is an essential element of the better
           lawmaking strategy that Union institutions are implementing. In that context it is
           appropriate to remove from active legislation those acts which no longer have real
           effect.
   (2)     The following legal acts relating to the common agricultural policy have become
           obsolete, even though formally they are still in force:
             –      Council Directive 76/621/EEC2. The content of that Directive has been taken
                    up by Commission Regulation (EC) No 1881/20063.
             –      Council Regulation (EC) No 320/20064. The temporary scheme established by
                    that Regulation was applicable only until the marketing year 2009/2010.
   (3)     For reasons of legal security and clarity, those obsolete legal acts should be repealed,
   HAVE ADOPTED THIS REGULATION:
                                                       Article 1
   Directive 76/621/EEC and Regulation (EC) No 320/2006 are repealed.
   1
           OJ C , , p. .
   2
           Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of erucic
           acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils or
           fats (OJ L 202, 28.7.1976, p. 35).
   3
           Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain
           contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).
   4
           Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the
           restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on
           the financing of the common agricultural policy (OJ L 58, 28.2.2006, p. 42).
EN                                                         3                                                       EN
 ---pagebreak---                                                Article 2
   This Regulation shall enter into force on the third day following that of 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 Brussels,
   For the European Parliament                   For the Council
   The President                                 The President
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