RECOMMENDATION FOR SECOND READING on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings

13.5.2008 - (16673/2/2007 – C6‑0138/2008 – 2006/0143(COD)) - ***II

Committee on the Environment, Public Health and Food Safety
Rapporteur: Åsa Westlund

Procedure : 2006/0143(COD)
Document stages in plenary
Document selected :  
A6-0179/2008

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings

(16673/2/2007 – C6‑0138/2008 – 2006/0143(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16673/2/2007 – C6‑0138/2008),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2006)0423),

–   having regard to the amended proposal (COM(2007)0672),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6‑0179/2008),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Amendment  1

Council common position

Recital 2

Council common position

Amendment

(2) A high level of protection of human life and health should be assured in the pursuit of Community policies.

(2) A high level of protection of human life and health, and of the environment, should be assured in the pursuit of Community policies.

Justification

Reinstatement of amendment 1 EP first reading.

Amendment  2

Council common position

Recital 5 a (new)

Council common position

Amendment

 

(5a) Transparency in the production and handling of food is absolutely crucial to achieving consumer credibility.

Justification

Reinstatement of amendment 3 EP first reading.

Amendment  3

Council common position

Recital 11

Council common position

Amendment

(11) In accordance with the framework for risk assessment in matters of food safety established by Regulation (EC) No 178/2002, the authorisation to place substances on the market must be preceded by a scientific assessment, of the highest possible standard, of the risks that they pose to human health. This assessment, which must be carried out under the responsibility of the Authority, must be followed by a risk management decision taken by the Commission under a regulatory procedure that ensures close cooperation between the Commission and the Member States.

(11) In accordance with the framework for risk assessment in matters of food safety established by Regulation (EC) No 178/2002, the authorisation to place substances on the market must be preceded by an independent scientific assessment, of the highest possible standard, of the risk they pose to human health. This assessment, which must be carried out under the responsibility of the Authority, must be followed buy a risk management decision taken by the Commission under a regulatory procedure that ensures close cooperation between the Commission and the Member States.

Justification

Reinstatement of amendment 5 EP first reading.

Amendment  4

Council common position

Recital 11 a (new)

Council common position

Amendment

 

(11a) The criteria laid down for authorisation under Regulations (EC) No XXX/2006, (EC) No YYY/2006 and (EC) No ZZZ/2006 should also be fulfilled for authorisation pursuant to this Regulation.

Amendment  5

Council common position

Article 1 – paragraph 1

Council common position

Amendment

1. This Regulation lays down a common assessment and authorisation procedure (hereinafter referred to as the "common procedure") for food additives, food enzymes, food flavourings and source materials of food flavourings and of food ingredients with flavouring properties used or intended for use in or on foodstuffs (hereinafter referred to as the "substances"), which facilitates the free movement of these substances within the Community. This Regulation shall not apply to smoke flavourings falling within the scope of Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods.

1. This Regulation lays down a common authorisation procedure (hereinafter referred to as the "common procedure") for food additives, food enzymes, food flavourings and source materials of food flavourings and food ingredients with flavouring properties used or intended to be used in or on foodstuffs (hereinafter referred to as the "substances"), which contributes to improved consumer protection and public health and the free movement of these substances within the Community. This Regulation shall not apply to smoke flavourings falling within the scope of Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings use or intended for use in or on foods.

Justification

Reinstatement of amendment 11 EP first reading.

Amendment  6

Council common position

Article 2 – paragraph 1

Council common position

Amendment

1. Under each sectoral food law, substances that have been authorised to be placed on the Community market shall be included on a list the content of which is determined by the said law (hereinafter referred to as the "Community list"). The Community list shall be updated by the Commission. It shall be published in the Official Journal of the European Union.

1. Under each sectoral food law, substances that have been authorised to be placed on the Community market shall be included on a list the content of which is determined by the said law (hereinafter referred to as the "Community list"). The Community list shall be updated by the Commission. It shall be published in the Official Journal of the European Union. Substances included on the Community list may be used by all food business operators subject to the conditions applicable to them, provided their use is not restricted under Article 12(6a).

Justification

Reinstatement of amendment 14 from EP first reading.

Amendment  7

Council common position

Article 4 – paragraph 1 – subparagraph 1 point b

Council common position

Amendment

(b) where applicable, shall as soon as possible notify the Authority of the application and request its opinion in accordance with Article 3(2).

(b) shall notify the Authority of the application and request its opinion in accordance with Article 3(2).

 

 

Amendment  8

Council common position

Article 5 – paragraph 1

Council common position

Amendment

1. The Authority shall give its opinion within six months of receipt of a valid application.

1. The Authority shall give its opinion within nine months of receipt of a valid application.

Justification

Reinstatement of amendment 22 EP first reading.

Amendment  9

Council common position

Article 5 – paragraph 2

Council common position

Amendment

2. The Authority shall forward its opinion to the Commission, the Member States and, where applicable, the applicant.

2. The Authority shall forward its opinion to the Commission, the Member States and, where applicable, the applicant. The opinion shall also be made public, subject to the provisions of Article 12.

Justification

Reinstatement of amendment 23 EP first reading.

Amendment  10

Council common position

Article 7 – paragraph 1 a (new)

Council common position

Amendment

 

1a. The Commission shall justify its draft regulation and explain the considerations on which it is based.

Justification

Reinstatement of amendment 37 EP first reading.

Amendment  11

Council common position

Article 7 – paragraph 2

Council common position

Amendment

2. Where the draft regulation is not in accordance with the opinion of the Authority, the Commission shall provide an explanation of the reasons for the differences.

2. Where the draft regulation is not in accordance with the opinion of the Authority, the Commission shall explain the reasons for its decision.

Justification

Reinstatement of amendment 37 EP first reading.

EP first reading.

Amendment  12

Council common position

Article 12 – paragraph 6 a (new)

Council common position

Amendment

 

6a. Scientific data and other information provided by applicants may not be used for the benefit of a subsequent applicant for a period of five years from the date of authorisation, unless the subsequent applicant has agreed with the prior applicant that such data and information may be used and costs are shared accordingly, where:

 

(a) the scientific data and other information were designated as proprietary by the prior applicant at the time the prior application was made;

 

(b) the prior applicant had exclusive rights of reference to the proprietary data at the time the prior application was made; and

 

(c) the substance could not have been authorised without the submission of the proprietary data by the prior applicant.

Justification

Reinstatement of amendment 33 from EP first reading.

EXPLANATORY STATEMENT

The draft regulation on a Common Authorisation Procedure for food additives, food enzymes and food flavourings is part of the Food Improvement Agents Package (FIA), which was proposed by the Commission in July 2006. The package comprises this proposal for a Common Authorisation Procedure, a regulation on food additives, a regulation on food enzymes and a regulation on food flavourings. The aim is to harmonise, clarify and update current rules in this area.

The European Parliament adopted its first reading during the plenary session on 10 July 2007. The Council's common position was adopted on 10 March 2008.

The Parliament adopted 29 amendments in its first reading to the Commission proposal. Less than half of those were taken on board in the Council common position.

The main aim of the rapporteur in the first reading was to increase transparency in the authorisation procedure to be applied, and thereby increasing consumer protection.

Parliament supported her in this aim. The Council has not put the same emphasis on increasing transparency in the Common Position, as the rapporteur had wished for.

The amendments tabled for second reading therefore seek to reinstate this idea.

The Parliament in it's first reading also supported the rapporteur in including environmental dimensions in the legislation. The Council took some of this on board, but the rapporteur would like to see the proposal strengthened in this respect.

PROCEDURE

Title

Common authorisation procedure for food additives, food enzymes and food flavourings

References

16673/2/2007 – C6-0138/2008 – 2006/0143(COD)

Date of Parliament’s first reading – P number

10.7.2007                     T6-0320/2007

Commission proposal

COM(2006)0423 - C6-0258/2006

Amended Commission proposal

COM(2007)0672

Date receipt of common position announced in plenary

13.3.2008

Committee responsible

       Date announced in plenary

ENVI

13.3.2008

Rapporteur(s)

       Date appointed

Åsa Westlund

14.9.2006

 

 

Discussed in committee

3.4.2008

 

 

 

Date adopted

6.5.2008

 

 

 

Result of final vote

+:

–:

0:

47

0

0

Members present for the final vote

Georgs Andrejevs, Irena Belohorská, John Bowis, Frieda Brepoels, Hiltrud Breyer, Dorette Corbey, Magor Imre Csibi, Chris Davies, Avril Doyle, Mojca Drčar Murko, Jill Evans, Anne Ferreira, Karl-Heinz Florenz, Matthias Groote, Françoise Grossetête, Satu Hassi, Jens Holm, Caroline Jackson, Christa Klaß, Eija-Riitta Korhola, Urszula Krupa, Aldis Kušķis, Jules Maaten, Linda McAvan, Riitta Myller, Péter Olajos, Miroslav Ouzký, Vladko Todorov Panayotov, Vittorio Prodi, Frédérique Ries, Dagmar Roth-Behrendt, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Kathy Sinnott, Bogusław Sonik, María Sornosa Martínez, Antonios Trakatellis, Thomas Ulmer, Åsa Westlund, Anders Wijkman, Glenis Willmott

Substitute(s) present for the final vote

Anne Laperrouze, Kartika Tamara Liotard, Miroslav Mikolášik, Alojz Peterle, Lambert van Nistelrooij