Procedure : 2014/0096(COD)
Document stages in plenary
Document selected : A8-0042/2015

Texts tabled :

A8-0042/2015

Debates :

PV 06/10/2015 - 16
CRE 06/10/2015 - 16

Votes :

PV 07/10/2015 - 10.5
Explanations of votes

Texts adopted :

P8_TA(2015)0340

REPORT     ***I
PDF 451kWORD 267k
2.3.2015
PE 546.615v02-00 A8-0042/2015

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

(COM(2014)0174 – C7‑0105/2014 – 2014/0096(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Giovanni La Via

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT 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

(COM(2014)0174 – C7‑0105/2014 – 2014/0096(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–       having regard to the Commission proposal to Parliament and the Council (COM(2014)0174),

–       having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0105/2014),

-      having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–       having regard to the opinion of the European Economic and Social Committee of 4 June 2014(1),

–       having regard to Rule 59 of its Rules of Procedure,

–       having regard to the report of the Committee on the Environment, Public Health and Food Safety (A8-0042/2015),

1.      Adopts its position at first reading hereinafter set out;

2.      Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.      Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a directive

Recital 6

 

Text proposed by the Commission

Amendment

(6) Directive 2000/13/EC6 of the European Parliament and of the Council 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 for human consumption.

(6) Under Regulation (EU) 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. 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.

____________________

____________________

6 Directive 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)

6 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (OJ L 304, 22.11.2011, p. 18)

Justification

As from 13 December 2014, Directive 2000/13/EC has been repealed by Regulation (EU) No 1169/2011 on the provision of food information to consumers which should be adequately reflected in the Recital. Although the products covered by the proposal (caseins and caseinates) are not meant to be sold to the final consumer, but only from business to business for the preparation of food products, it is important for the food business operators to dispose of the information they need for the labelling of the final products, especially when it comes to allergens.

Amendment  2

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) Regulation (EC) No 1333/2008 of the European Parliament and of the Council7 provides for the definition of processing aids referred to as technological adjuvants in Directive 83/417/EEC. Consequently, this Directive should use the term ‘processing aids instead of technological adjuvants’.

(7) Regulation (EC) No 1333/2008 of the European Parliament and of the Council7 provides for the definition of processing aids referred to as technological adjuvants in Directive 83/417/EEC. Consequently, this Directive should use the terms 'food additives' and 'processing aids' instead of 'technological adjuvants' in line with the Codex Alimentarius Standard for edible casein products.

__________________

__________________

7 Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

7 Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

Justification

In the international standard (Codex Alimentarius), "technological adjuvants" are either classified as processing aids (acids) or as additives (alkalines). The Codex should be followed in order to ensure consistency at international level.

Amendment  3

Proposal for a directive

Article 2 – point a – introductory part

Text proposed by the Commission

Amendment

(a) ‘caseins’ means the principal protein constituent of milk, washed and dried, insoluble in water and obtained from skimmed milk by precipitation:

(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:

Justification

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).

Amendment  4

Proposal for a directive

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for an indeterminate period of time from (…). (Publications Office is to fill in the date of entry into force of this Act).

2. The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years from …+. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

____________________

 

+ OJ: please insert the date of entry into force of this Directive.

Justification

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.

Amendment  5

Proposal for a directive

Article 9 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

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.

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...+.

They shall forthwith communicate to the Commission the text of those provisions.

They shall forthwith communicate to the Commission the text of those provisions.

 

____________________

 

+OJ: please insert the date of six months after the entry into force of this Directive.

Justification

It is proposed to set an ambitious yet realistic date for the implementation of this Directive in the Member States.

Amendment  6

Proposal for a directive

Annex II – point a – point 2

 

Text proposed by the Commission

Amendment

2. Minimum content of milk protein casein, calculated on the dried extract 88% by weight

2. Minimum content of milk protein casein, calculated on an as-is basis 88% by weight

Justification

There is an overall consensus that both Directive 83/417/EEC and the Codex Alimentarius lower the milk protein level of the caseinate product. By calculating the milk protein content on the basis of the absolute weight of the product (instead of on the basis of the dried extract), the purity of the product with respect to the protein content is increased.

(1)

OJ C 0, 0.0.0000, p. 0. / Not yet published in the Official Journal.


EXPLANATORY STATEMENT

The Commission published its proposal for a Directive of the European Parliament and 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 in March 2014. In its proposal, the Commission suggests to 1) repeal 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 and 2) replace it with a new Directive, for the following main reasons:

•         alignment of the powers conferred to the Commission with the distinction between delegated/implementing acts introduced by the Treaty on the Functioning of the European Union (TFEU);

•         adaptation of existing provisions to the further development of legislation in the field of food law; and

•         adjustment of the composition requirements of edible caseins to the international standard (Codex Alimentarius).

As regards the alignment to international standards, it is proposed to set, in particular, the parameters in relation to the maximum moisture content for edible caseins at 12% (instead of previously 10%) and in relation to the maximum milk fat content for edible acid casein at 2 % (instead of 2,25%). In order to allow for the swift adaptation of Annexes I to III (standards of edible acid casein, edible rennet casein and edible caseinates in relation to their composition, contamination, processing aids used etc.) to international standards and technical progress in the future, the Commission also suggests the adoption of delegated acts (Art. 290 TFEU).

The proposal is to be seen in the context of the general food law (Regulation (EC) No 178/2002) which aims at granting the free movement of safe and wholesome food, thereby significantly contributing to the health and well-being of citizens. In this respect, it should also be ensured that consumers are appropriately informed as regards the food they consume. Although the products covered by the proposal (caseins and caseinates) are not meant to be sold to the final consumer, but only from business to business for the preparation of food products, it is important for the food business operators to dispose of the information they need for the labelling of the final products, especially when it comes to allergens. For this reason, the proposal includes provisions on the labelling of caseins and caseinates intended for human consumption (Article 5). In case the mandatory information laid out therein does not appear on the packages, containers or labels, such products may not be placed on the market as edible caseins or caseinates or used for the preparation of foodstuffs.

Your Rapporteur broadly endorses the proposal. He welcomes, in particular, the alignment of the compositional requirements for edible caseins to the Codex Alimentarius as this will ensure a level playing field for food business operators on the world market. In addition, he supports the labelling requirements for caseins and caseinates which will enable consumers, and particularly those suffering from a food allergy or intolerance, to make informed choices.

However, your Rapporteur considers that the proposal should be "fine-tuned" in some aspects. Consequently, your Rapporteur suggests that the power to adopt delegated acts in order to adapt the Annexes should not be conferred on the Commission for an unlimited period of time, but rather for 5 years (AM 3/Article 8). In addition, he proposes to set an ambitious yet realistic date for the implementation of this Directive in the Member States (6 months after entry into force of the Directive instead of 31 March 2015, AM 4/Article 9). Finally, your Rapporteur suggests a couple of technical amendments in order to ensure that the Directive is perfectly aligned to the Codex Alimentarius (AM 5/Annex II and AM 2/Recital 7).


PROCEDURE

Title

Approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC

References

COM(2014)0174 – C7-0105/2014 – 2014/0096(COD)

Date submitted to Parliament

20.3.2014

 

 

 

Committee responsible

       Date announced in plenary

ENVI

2.4.2014

 

 

 

Committees asked for opinions

       Date announced in plenary

IMCO

2.4.2014

 

 

 

Not delivering opinions

       Date of decision

IMCO

24.9.2014

 

 

 

Rapporteurs

       Date appointed

Giovanni La Via

24.7.2014

 

 

 

Discussed in committee

29.1.2015

 

 

 

Date adopted

24.2.2015

 

 

 

Result of final vote

+:

–:

0:

65

3

0

Members present for the final vote

Marco Affronte, Margrete Auken, Pilar Ayuso, Zoltán Balczó, Catherine Bearder, Ivo Belet, Biljana Borzan, Lynn Boylan, Paul Brannen, Cristian-Silviu Bușoi, Birgit Collin-Langen, Mireille D’Ornano, Miriam Dalli, Seb Dance, Angélique Delahaye, Ian Duncan, Stefan Eck, Bas Eickhout, Eleonora Evi, José Inácio Faria, Karl-Heinz Florenz, Francesc Gambús, Elisabetta Gardini, Gerben-Jan Gerbrandy, Jens Gieseke, Julie Girling, Sylvie Goddyn, Matthias Groote, Françoise Grossetête, Andrzej Grzyb, Jytte Guteland, György Hölvényi, Jean-François Jalkh, Karin Kadenbach, Kateřina Konečná, Giovanni La Via, Peter Liese, Norbert Lins, Valentinas Mazuronis, Susanne Melior, Miroslav Mikolášik, Massimo Paolucci, Piernicola Pedicini, Bolesław G. Piecha, Pavel Poc, Marcus Pretzell, Frédérique Ries, Michèle Rivasi, Daciana Octavia Sârbu, Annie Schreijer-Pierik, Davor Škrlec, Tibor Szanyi, Claudiu Ciprian Tănăsescu, Nils Torvalds, Glenis Willmott, Jadwiga Wiśniewska

Substitutes present for the final vote

Nicola Caputo, Mark Demesmaeker, Jan Huitema, Merja Kyllönen, Jo Leinen, James Nicholson, Younous Omarjee, Alojz Peterle, Bart Staes

Substitutes under Rule 200(2) present for the final vote

Nessa Childers, Enrico Gasbarra, Elżbieta Katarzyna Łukacijewska

Date tabled

5.3.2015

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