REPORT on the joint text, approved by the Conciliation Committee, for a European Parliament and Council Directive on coffee extracts and chicory extracts (3633/98 - C4-0023/99 - 96/0117(COD))

    4 February 1999

    Parliament's delegation to the Conciliation Committee
    Rapporteur: Paul Lannoye

    At the sitting of 23 October 1997 Parliament delivered its opinion at first reading on the proposal for a European Parliament and Council Directive on coffee extracts and chicory extracts.

    At the sitting of 28 May 1998 the President of Parliament announced that the common position had been received and referred to the Committee on the Environment, Public Health and Consumer Protection.

    At the sitting of 16 September 1998 Parliament adopted amendments to the common position.

    By letter of 24 November 1998 the Council stated that it was unable to approve all Parliament's amendments.

    The President of the Council, in agreement with the President of Parliament, convened a meeting of the Conciliation Committee on 8 December 1998.

    At the meeting the Conciliation Committee considered the common position on the basis of the amendments proposed by Parliament.

    At the latter meeting it reached agreement on a joint text.

    On 13 January 1999 the co-chairmen of the Conciliation Committee established that the joint text had been approved, pursuant to paragraph 6 of the Interinstitutional Agreement of 25 October 1993 on arrangements for the proceedings of the Conciliation Committee[1], and forwarded it to Parliament and the Council in all the official languages.

    On 2 February 1999, Parliament's delegation to the Conciliation Committee adopted the draft decision unanimously.

    The following took part in the vote: Verde I Aldea, chairman of the delegation; Imbeni, vicechairman; Lannoye, rapporteur; Cabrol, Collins, De Coene, Florenz (for Jackson), Graenitz (for Whitehead), Grossetête, Kestelijn-Sierens, Poggiolini, Roth-Behrendt (for Marinucci) and Thyssen.

    The report was tabled on 4 February 1999.

    • [1] () OJ C 329, 6.12.1993, p. 141

    A DRAFT DECISION

    Decision on the joint text approved by the Conciliation Committee for a European Parliament and Council Directive on coffee extracts and chicory extracts (3633/98 - C4-0023/99 - 96/0117(COD))

    (Codecision procedure: third reading)

    The European Parliament,

    - having regard to the joint text approved by the Conciliation Committee (3633/98 - C40023/99 - 96/0117(COD)),

    - having regard to its opinion at first reading[1] on the Commission proposal to Parliament and the Council, COM(95)0722[2],

    - having regard to its decision on the common position[3],

    - having regard to the Commission's opinion on Parliament's amendments to the common position (COM(98)0599 - C4-0617/98),

    - having regard to Article 189b(5) of the EC Treaty,

    - having regard to Rule 77(2) of its Rules of Procedure,

    - having regard to the report of its delegation to the Conciliation Committee (A4-0054/99),

    1. Approves the joint text;

    2. Instructs its President to sign the act with the President of the Council, pursuant to Article 191(1) of the EC Treaty;

    3. Instructs its Secretary-General duly to sign the act and, in agreement with the SecretaryGeneral of the Council, to have it published in the Official Journal;

    4. Instructs its President to forward this decision to the Council and Commission.

    • [1] () OJ C 339, 10.11.1997, p. 129
    • [2] () OJ C 231, 9.8.1996, p. 24
    • [3] () OJ C 313, 12.10.1998, p. 90

    B EXPLANATORY STATEMENT

    Background

    1. On 30 May 1996, on the basis of Article 100a of the Treaty, the Commission submitted a proposal for a Directive on coffee extracts and chicory extracts.

    The directive aims to avoid the creation of new barriers to free movement and applies to coffee and chicory extracts.

    2. In its opinion of 23 October 1997, Parliament adopted three amendments relating mainly to prepackaging ranges of nominal quantities and standards for the determination of carbohydrate content.

    3. The Commission rejected the three amendments, for reasons of methodology rather than of substance and therefore did not submit an amended proposal.

    4. On 30 April 1998 the Council adopted its common position without accepting Parliament's amendments. The Commission, moreover, submitted three statements annexed to the common position in order to explain its position.

    5. On 16 September 1998 Parliament adopted its recommendation for second reading, with the same three amendments.

    6. On 24 November 1998 the Council established that it was unable to adopt all the amendments to its common position, and the Conciliation Committee was convened pursuant to Article 189b of the Treaty.

    Conciliation Committee

    7. Following technical meetings and a trialogue meeting between the rapporteur, Mr Lannoye, the chairman of the Committee on the Environment, Public Health and Consumer Protection, Mr K. Collins, the Council and the Commission, an agreement was reached on Parliament's three amendments and the proposal was adopted as an 'A item without debate' at a meeting of the Conciliation Committee on another subject on 8 December 1998.

    8. Neither the Council nor the Commission was, in fact, against the content of the amendments but the difficulty (in respect of amendments 1 and 2) lay in balancing the 'horizontal' directive (Directive 80/232/EEC) concerning packaging and Parliament's 'vertical' approach. The Commission undertook, in a recital, to include ranges of nominal weights in the horizontal directive before July 2000. In respect of amendment 3 concerning standards for the determination of carbohydrate content, on the basis of a compromise text an agreement was reached on the possibility of using more effective methods without making the text rigid (Annex (1), first paragraph).

    Conclusion

    9. The delegation recommends that the plenary approve the joint text attached.