Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | LA VIA Giovanni ( PPE) | MELIOR Susanne ( S&D), GIRLING Julie ( ECR), HUITEMA Jan ( ALDE), EICKHOUT Bas ( Verts/ALE), PEDICINI Piernicola ( EFDD) |
Former Responsible Committee | ENVI | ||
Committee Opinion | IMCO | ||
Former Committee Opinion | IMCO |
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
PURPOSE: to facilitate the free movement of caseins and caseinates intended for human consumption while providing a high level of protection of health, and to bring existing provisions into line with general Union legislation on food and with international standards.
LEGISLATIVE ACT: Directive (EU) 2015/2203 of the European Parliament and of the Council 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.
CONTENT: this Directive applies to caseins and caseinates which are intended for human consumption and mixtures thereof .
It repeals Council Directive 83/417/EEC which provides for the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption.
Since the entry into force of that Directive, several changes have taken place, in particular the development of a comprehensive legal framework in the area of food law and the adoption of an international standard for edible casein products by the Codex Alimentarius Commission which need to be taken into account.
In addition, Directive 83/417/EEC confers powers on the Commission in order to implement some of its provisions. 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 new Directive:
updates definitions such as : ‘edible acid casein’; ‘edible rennet casein’; ‘edible caseinate’. This Directive should use the terms 'food additives' and 'processing aids' in respect of the standards applicable to edible caseins and edible caseinates. Such use of terminology would also be in line with the Codex standard for edible casein products; adjust, where appropriate, the composition requirements of edible caseins to the corresponding Codex standard . This adjustment results in two changes: the maximum moisture content of edible casein is increased from 10 to 12% and the maximum milk fat content of edible acid casein is decreased from 2.25 to 2% ; lays down the obligations of Member States : the aim is to ensure that: (i) the milk products are marketed, under the names specified therein, only if they comply with the rules laid down in this Directive; (ii) caseins and caseinates which do not comply with the standards set out in the Directive are not used for the preparation of food, and, where lawfully marketed for other purposes, are named and labelled in such a way that the purchaser is not misled as to their nature, quality or intended use; provides labelling measures : under Regulation (EU) No 1169/2011 of the European Parliament and of the Council, sufficient information is to be provided in business to business relations in order to ensure the presence and accuracy of food information for the final consumer . The Directive stipulated that particulars shall be marked on the packages, containers or labels of the milk products in easily visible, clearly legible and indelible characters.
Lastly, the Directive seeks to align the provisions conferring implementing powers on the Commission with the rules introduced by the Lisbon Treaty.
ENTRY INTO FORCE: 21.12.2015.
TRANSPOSITION: 22.12.2016.
DELEGATED ACTS: the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the standards applicable to edible caseins and edible caseinates laid down in Annexes I and II. The power to adopt delegated acts shall be conferred on the Commission for a period of five years (renewable) from 21 December 2015. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period may be extended by two months). If the European Parliament or the Council objects, the delegated act shall not enter into force.
The European Parliament adopted by 642 votes to 54, with 9 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council 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.
The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Objectives of the Directive : the Directive seeks to facilitate, through approximation of the laws of the Member States, the free movement of caseins and caseinates intended for human consumption while providing a high level of protection of health, and to bring existing provisions into line with general Union legislation on food and with international standards.
Updated definitions : for the purposes of this Directive, the following definitions apply:
‘edible acid casein’ means a milk product obtained by separating, washing and drying the acid-precipitated coagulum of skimmed milk and/or of other products obtained from milk; ‘edible rennet casein’ means a milk product obtained by separating, washing and drying the coagulum of skimmed milk and/or of other products obtained from milk; the coagulum is obtained through the reaction of rennet or other coagulating enzymes; ‘edible caseinate’ means a milk product obtained by action of edible casein or edible casein curd coagulum with neutralizing agents, followed by drying.
This Directive should use the terms 'food additives' and 'processing aids' in respect of the standards applicable to edible caseins and edible caseinates. Such use of terminology would also be in line with the Codex standard for edible casein products.
Under Regulation (EU) No 1169/2011 of the European Parliament and of the Council, sufficient information is to be provided in business to business relations in order to ensure the presence and accuracy of food information for the final consumer . It is stipulated that particulars shall be marked on the packages, containers or labels of the milk products in easily visible, clearly legible and indelible characters.
Where the minimum milk protein content set out in Annexes I and II is exceeded in the milk products, this fact may, without prejudice to other provisions of Union law, be adequately marked on the packages, containers or labels of the product.
Delegated acts : the Commission shall be empowered to adopt delegated acts to amend the standards set out in the Annexes. The power to adopt delegated shall be conferred on the Commission for a period of five years which may be tacitly extended for periods of an identical duration.
Transposition : the Directive shall be transposed at the latest 12 months after the entry into force of this Directive.
The Committee on the Environment, Public Health and Food Safety adopted the report by Giovanni LA VIA (EPP, IT) on the proposal for a directive of the European Parliament and of the Council 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.
The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal. The amendments seek in particular to:
recall that under Regulation No 1169/20116 of the European Parliament and of the Council, sufficient information is to be provided in business to business relations in order to ensure the presence and accuracy of food information for the final consumer; update the definition of ‘caseine’ , a technical update that will bring the legislation in line with Codex Standard N290 for edible casein by using the same definitions (International food standards as defined by the FAO and WHO); propose that the power to adopt delegated acts in order to adapt the Annexes to international standards and technical progress should not be conferred on the Commission for an unlimited period of time, but rather for 5 years . In order for the co-legislators to decide whether to extend the delegation of powers, the Commission shall draw up a report in this regard at the latest 9 months before the end of the 5-year period; propose to set an ambitious yet realistic date for the implementation of this Directive in the Member States (six months after the entry into force of this Directive instead of 31 March).
To conclude, Members suggested a technical amendment in order to ensure that the Directive is perfectly aligned to the Codex Alimentarius as well as an amendment aiming to calculate the milk protein content on the basis of the absolute weight of the product (instead of on the basis of the dried extract).
PURPOSE: to replace Directive 83/417/EEC on the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption, in the new legal context created by the Lisbon Treaty.
PROPOSED ACT: Directive of the European Parliament and the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Council Directive 83/417/EEC provides for the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption.
Since the entry into force of that Directive several changes have taken place, notably the development of a comprehensive legal framework in the area of food law and the adoption of an international standard by the Codex Alimentarius for edible casein products, which need to be taken into account.
Directive 83/417/EEC confers powers on the Commission in order to implement some of its provisions. 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) which 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.
For the sake of clarity, Directive 83/417/EEC should therefore be repealed and replaced with a new Directive
CONTENT: the proposal is aimed at designing the Commission's empowerment in the new legal context created by the Lisbon Treaty. It also takes account of the further development of legislation in the past years and of existing, updated international standards.
The proposal:
identifies the need for delegated power to be conferred on the Commission for the purpose of adopting amendments to Annexes I and II and establishes 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 TFEU; adapts existing provisions to the further development of legislation notably in the field of food law; adjust, where appropriate, the composition requirements of edible caseins to the corresponding Codex standard . This adjustment results in two changes: the maximum moisture content of edible casein is increased from 10 to 12% and the maximum milk fat content of edible acid casein is decreased from 2.25 to 2%. With this change, the compositional requirements laid down in the proposal are fully in line with the international standard so as to avoid trade distortions.
Moreover the proposal takes into consideration the need for the Member States to have some margin to adapt the implementation to the national legal and administrative environment, in particular with reference to the possible adoption of national measures in matters not specifically harmonised by the proposal.
Documents
- Follow-up document: COM(2020)0074
- Follow-up document: EUR-Lex
- Coreper letter confirming interinstitutional agreement: GEDA/T/(2017)006843
- Commission response to text adopted in plenary: SP(2015)750
- Final act published in Official Journal: Directive 2015/2203
- Final act published in Official Journal: OJ L 314 01.12.2015, p. 0001
- Draft final act: 00037/2015/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0340/2015
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE618.199
- Committee report tabled for plenary, 1st reading: A8-0042/2015
- Amendments tabled in committee: PE549.116
- Committee draft report: PE546.615
- Economic and Social Committee: opinion, report: CES2896/2014
- Contribution: COM(2014)0174
- Contribution: COM(2014)0174
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(2014)0174
- Economic and Social Committee: opinion, report: CES2896/2014
- Committee draft report: PE546.615
- Amendments tabled in committee: PE549.116
- Draft final act: 00037/2015/LEX
- Commission response to text adopted in plenary: SP(2015)750
- Coreper letter confirming interinstitutional agreement: GEDA/T/(2017)006843
- Follow-up document: COM(2020)0074 EUR-Lex
- Contribution: COM(2014)0174
- Contribution: COM(2014)0174
Activities
- Giovanni LA VIA
- Nicola CAPUTO
Plenary Speeches (2)
- Beata GOSIEWSKA
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- Ulrike LUNACEK
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- Notis MARIAS
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- Roger HELMER
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- Bolesław G. PIECHA
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- Eleftherios SYNADINOS
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- Inês Cristina ZUBER
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Votes
A8-0042/2015 - Giovanni La Via - Résolution législative #
Amendments | Dossier |
9 |
2014/0096(COD)
2015/02/06
ENVI
9 amendments...
Amendment 10 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1. The mandatory particulars to be marked on the packages, containers or labels of the products defined in Article 2 shall be easily visible, clearly legible, fully understandable and in indelible characters, and shall be the following:
Amendment 11 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) the name or business name and the address of the operator under whose name or business name the food is marketed or, if that operator is not established in the Union, the importer or the importers into the Union market;
Amendment 12 #
Proposal for a directive Article 5 – paragraph 1 – point e (e) in the case of products imported from third countries, the name of the producer and country of origin;
Amendment 13 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 2015 at the latest. They shall forthwith communicate to the Commission the text of those harmonised provisions.
Amendment 14 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall communicate to the Commission the text of the
Amendment 6 #
Proposal for a directive Recital 6 (6) Directive 2000/13/EC of the European Parliament and of the Council12 does not apply to business to business relations. Since the products covered by this Directive are not meant to be sold to the final consumer but only from business to business for the preparation of food products, it is appropriate to maintain, adapt to the current legal framework and simplify the specific rules already included in Directive 83/417/EEC. Those rules provide for the information to be provided for those products in order to allow the food business operators, on the one hand, to avail of the information they need for the labelling of the final products, for example when it comes to allergens, and on the other hand to avoid that those products can be confused with similar products not meant or that are unfit for human consumption. __________________ 12Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ L 109, 6.5.2000, p. 29).
Amendment 7 #
Proposal for a directive Recital 7 (7) Regulation (EC) No 1333/2008 of the European Parliament and of the Council
Amendment 8 #
Proposal for a directive Article 1 This Directive applies to caseins and caseinates
Amendment 9 #
Proposal for a directive Article 2 – point a – introductory part (a) ‘caseins’ means the principal protein constituent of milk, washed and dried, insoluble in water and obtained from skimmed milk and/or other products obtained from milk by precipitation:
source: 549.116
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The Committee on the Environment, Public Health and Food Safety adopted the report by Giovanni LA VIA (EPP, IT) on the proposal for a directive of the European Parliament and of the Council 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. The committee recommended that the European Parliaments position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal. The amendments seek in particular to:
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The Committee on the Environment, Public Health and Food Safety adopted the report by Giovanni LA VIA (EPP, IT) on the proposal for a directive of the European Parliament and of the Council 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. The committee recommended that the European Parliaments position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal. The amendments seek in particular to:
To conclude, Members suggested a technical amendment in order to ensure that the Directive is perfectly aligned to the Codex Alimentarius as well as an amendment aiming to calculate the milk protein content on the basis of the absolute weight of the product (instead of on the basis of the dried extract). |
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53b2d96cb819f205b000005dNew
53b2de92b819f205b00000f3 |
activities/4/committees/0/shadows/3/name |
Old
EVI EleonoraNew
PEDICINI Piernicola |
committees/0/shadows/3/mepref |
Old
53b2d96cb819f205b000005dNew
53b2de92b819f205b00000f3 |
committees/0/shadows/3/name |
Old
EVI EleonoraNew
PEDICINI Piernicola |
activities/0/commission/0/Commissioner |
Old
CIOLOŞ DacianNew
ANDRIUKAITIS Vytenis Povilas |
activities/0/commission/0/DG/title |
Old
Agriculture and Rural DevelopmentNew
Health and Consumers |
activities/0/commission/0/DG/url |
Old
http://ec.europa.eu/dgs/agriculture/New
http://ec.europa.eu/dgs/health_consumer/index_en.htm |
activities/1/committees/0/shadows/2 |
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activities/1/committees/0/shadows/3 |
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activities/2/committees/0/shadows/2 |
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activities/2/committees/0/shadows/3 |
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activities/3 |
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activities/4 |
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activities/5 |
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committees/0/shadows/2 |
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committees/0/shadows/3 |
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other/0/commissioner |
Old
CIOLOŞ DacianNew
ANDRIUKAITIS Vytenis Povilas |
other/0/dg/title |
Old
Agriculture and Rural DevelopmentNew
Health and Consumers |
other/0/dg/url |
Old
http://ec.europa.eu/dgs/agriculture/New
http://ec.europa.eu/dgs/health_consumer/index_en.htm |
procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 150
|
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/2 |
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activities/0/commission/0/Commissioner |
Old
MIMICA NevenNew
CIOLOŞ Dacian |
activities/0/commission/0/DG/title |
Old
Health and ConsumersNew
Agriculture and Rural Development |
activities/0/commission/0/DG/url |
Old
http://ec.europa.eu/dgs/health_consumer/index_en.htmNew
http://ec.europa.eu/dgs/agriculture/ |
other/0/commissioner |
Old
MIMICA NevenNew
CIOLOŞ Dacian |
other/0/dg/title |
Old
Health and ConsumersNew
Agriculture and Rural Development |
other/0/dg/url |
Old
http://ec.europa.eu/dgs/health_consumer/index_en.htmNew
http://ec.europa.eu/dgs/agriculture/ |
activities/1/committees/0/shadows |
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committees/0/shadows |
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activities/1/committees/0/rapporteur/0/mepref |
Old
4de1865e0fb8127435bdc04eNew
4f1ad23cb819f27595000012 |
committees/0/rapporteur/0/mepref |
Old
4de1865e0fb8127435bdc04eNew
4f1ad23cb819f27595000012 |
activities/1/committees/0 |
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committees/0 |
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procedure/subject/0 |
Old
2.10.03 Standardisation, EC standards and trade mark, certification, complianceNew
2.10.03 Standardisation, EC standards and trademark, certification, compliance |
procedure/dossier_of_the_committee |
Old
ENVI/7/15524New
ENVI/8/00393 |
activities/0/docs/0/text |
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activities/0/commission/0 |
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other/0 |
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activities/0/docs/0/url |
Old
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0174New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0174 |
activities/1 |
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procedure/dossier_of_the_committee |
ENVI/7/15524
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procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
activities |
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committees |
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links |
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other |
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procedure |
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