Voedselinformatie voor de consument - delegatie van uitvoeringsbevoegdheden - essentiële punten die moeten worden geregeld - Hoofdinhoud

COUNCIL OF PUBLIC Brussels, 6 October 2009

THE EUROPEAN UNION

14179/09

Interinstitutional file:

2008/0028 (COD) LIMITE

JUR 390

DOCUMENT PARTIALLY DENLEG 91 ACCESSIBLE TO THE PUBLIC CODEC 1168

OPINION OF THE LEGAL SERVICE *

To: Foodstuffs Working Party

Subject : Food information for consumers - delegation of implementing powers - essential elements of the matter to be regulated

INTRODUCTION

• 1. 

  In the course of its examination of the proposed regulation on the provision of food

  information to consumers, the foodstuffs Working Party examined the issue of the mandatory information to be provided pursuant to the proposal. The representative of the Legal Service intervened in order to explain the legal considerations to be borne in mind, particularly with regard to delegation of the essential elements of the matter to be regulated, which had been raised by a number of delegations. The Legal Service was asked to confirm that intervention in writing; this opinion responds to that request.

• * 

  "This document contains legal advice protected under Article 4(2) of Regulation (EC) No

1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, and not released by the Council of the European Union to the public. The Council reserves all its rights in law as regards any unauthorised publication."

14179/09 MM/bb 1

• 2. 

  For present purposes, references to the proposal are to be understood as being references to the text in the most recent form 1 discussed by the Working Party. As that text is the subject

  of ongoing examination by the Working Party, the present opinion may need to be revised or

  supplemented in the light of material changes to the proposal.

THE PROPOSED REGULATION

• 3. 

  The proposal, which is based on Article 95 EC, seeks to replace the existing Community

  legislation in this field, principally European Parliament and Council Directive 2000/13 i. As appears from Article 3 of the proposal, entitled "General objectives", the provision of food information is at the very heart of the proposal. For present purposes it should also be noted that Article 3 of Directive 2000/13 i lays down a general list of mandatory information requirements. Article 4 of Directive 2000/13 i provides for certain derogations in exceptional cases from the general list, as well as the addition of further mandatory particulars by means

  of a comitology procedure. 2 However, this power may currently only be exercised in relation to "specified foodstuffs and not to foodstuffs in general." 3

DELETED FROM THIS POINT UNTIL THE END OF THE DOCUMENT (page 5)

__________________

1 See doc. 13245/09.

2 Since the amendment made by Parliament and Council Regulation 596/2009 i, the applicable

procedure is the regulatory procedure with scrutiny laid down by Article 5a of Council Decision

1999/468.

3 See Article 4(1) and (2) respectively.