PURPOSE: to amend Regulation 1829/2003/EC on genetically modified food and feed by introducing a reference to the new regulatory procedure with scrutiny (comitology).

LEGISLATIVE ACT: Regulation (EC) No 298/2008 of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that:

· the draft exceeds the implementing powers provided for in the basic instrument;

· the draft is incompatible with the aim;

· the content of that instrument or fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.

The Commission, in accordance with the regulatory procedure with scrutiny, will :

define whether a type of food or feed falls within the scope of Regulation (EC) No 1829/2003; lower the thresholds for the labelling of the adventitious and technically unavoidable presence of material which contains, consists of or is produced from genetically modified organisms and for the adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk assessment in food and feed; to adopt measures regarding certain labelling and information requirements incumbent on operators and mass caterers.

ENTRY INTO FORCE: 10/04/2008.

Regulation 2008/298
OJ L 097 09.04.2008, p. 0067

03693/2007/LEX

SP(2007)6527

Results of vote in Parliament

The European Parliament adopted a report drafted by Karin SCHEELE (PES, AT) on the proposal for a regulation amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission. It made some amendments to the proposal, most of which were designed to add to the list of areas where implementing measures should be adopted in accordance with the regulatory procedure with scrutiny, and rejecting the Commission’s option of curtailing timeframes. Parliament’s main amendments:

- reject the possibility of curtailing the timeframe on grounds of efficiency for the lowering of the threshold under which adventitious presence of unauthorised GMOs does not need to be labelled;

- introduce regulatory procedure with scrutiny as regards the rules relating to implementing measures concerning "labelling of GM foods";

- introduce regulatory procedure with scrutiny as regards the rules relating to implementing measures for specific rules concerning the information to be given by mass caterers;

- reject the possibility of curtailing the timeframe on grounds of efficiency;

- introduce the regulatory procedure with scrutiny as regards implementing measures concerning "labelling of GM feeds".

T6-0561/2007

A6-0299/2007

A6-0299/2007

The Committee on the Environment, Public Health and Food Safety adopted a report drafted by Karin SCHEELE (PES, AT) on the proposal for a regulation amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission. It made some amendments to the proposal, most of which were designed to add to the list of areas where implementing measures should be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 35(3) of the Regulation. These areas include the following;

whether a type of food falls within the scope of Section 1 on supervision and authorisation of genetically modified food; the application for authorisation, including rules concerning the preparation and the presentation of the application. with regard to Article 7 on authorisation, the Committee inserted a provision stating that a final decision on the application will be adopted in accordance with the regulatory procedure with scrutiny; measures regarding the implementation of Article 8 on the status of existing products; the renewal of authorisations, including rules concerning the preparation and the presentation of the application; the section on labelling, amongst other things regarding the measures necessary for operators to comply with the labelling requirements, and specific rules concerning the information to be given by mass caterers providing food to the final consumer; implementing rules for the application of rules concerning the preparation and the presentation of the application for authorisation of genetically modified feed, as well as the status of existing products and renewal of authorisations and labelling provisions regarding genetically modified feed.

Lastly, it should be noted that Article 35(3) is amended and deletes the time limits in the Commission’s proposal.

PE390.760

PE388.724

PURPOSE : to amend Regulation 1829/2003/EC on genetically modified food and feed by introducing a reference to the new regulatory procedure with scrutiny (comitology).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.

Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.

COM(2006)0912
EUR-Lex

PURPOSE : to amend Regulation 1829/2003/EC on genetically modified food and feed by introducing a reference to the new regulatory procedure with scrutiny (comitology).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.

Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.

COM(2006)0912
EUR-Lex