Food safety: aligning certain acts with the TFEU; powers conferred on the Commission

2012/0075(COD)

PURPOSE: to amend Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC (known as the “breakfast” directives) as regards the powers to be conferred on the Commission (delegated powers).

LEGISLATIVE ACT: Regulation (EU) No 1021/2013 of the European Parliament and of the Council amending Directives 1999/4/EC and 2000/36/EC as well as Council Directives 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission.

CONTENT: the regulation aims to align the existing Commission implementing powers provided by the five so-called “breakfast” directives with the Treaty on the Functioning of the European Union (TFUE) and in particular with Article 290 which allows the Commission to adopt delegated acts. This adoption follows a first reading agreement with the European Parliament.

The five so-called “breakfast” directives relate to:

·        coffee and chicory extracts (Directive 1999/4/EC);

·        cocoa and chocolate products (Directive 2000/36/EC);

·        sugars (Directive 2001/111/EC);

·        fruit jams, jellies and marmalades (Directive 2001/113/EC);

·        dehydrated milk (Directive 2001/114/EC).

The proposal ensures that the Commission shall be empowered to adopt appropriate acts to amend the Annexes to take account of technical progress and the developments in relevant international standards.

The power to adopt delegated acts shall be conferred on the Commission for a period of five years from 18 November 2013, this period to be tacitly extended for periods of an identical duration.

The time allowed to Parliament and to the Council to object to a delegated act shall be two months from the notification of this act. The period may be extended by two months at the initiative of the European Parliament or of the Council.

ENTRY INTO FORCE: 18/11/2013.