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 (first reading) Endorsement of the mandate for the informal trilogue - Hoofdinhoud

Council of the European Union

Brussels, 27 March 2015

PUBLIC

(OR. en)

7438/15

Interinstitutional File:

2014/0096 (COD) i LIMITE

DENLEG 42 AGRI 153 CODEC 396

"I" ITEM NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee (Part 1)

No. Cion doc.: 8099/1/14 DENLEG 72 AGRI 245 CODEC 886 REV1 + ADD 1

No. prev. doc.: 7206/15 DENLEG 37 AGRI 122 CODEC 356

Subject: 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 i (first reading)

• - 

  Endorsement of the mandate for the informal trilogue

• 1. 

  On 15 December 2014, the Council reached a general approach on the proposed Directive 1 .

  The United Kingdom delegation entered a Parliamentary scrutiny reservation.

• 2. 

  On 25 February 2015, the Committee on the Environment, Public Health and Food Safety of

  the European Parliament adopted its first reading report 2 and decided to give a mandate to the

  rapporteur Mr La Via, Giovanni (S&D, IT) to open informal negotiations with the Council in

  view of a first reading agreement.

• 3. 

  By written consultation, which ended on 25 March 2015, the Working Party on Foodstuffs

  examined the amendments and agreed to submit to the Coreper a draft mandate allowing the

  Presidency to negotiate with the European Parliament.

1 15875/14.

2 PE546.615.

• 4. 

  With a view to reaching a first reading agreement on this file, the Coreper is invited to

  endorse the mandate set out in the Annex to this document.

  *

  * *

Text marking:

First column:

Deletions suggested by the EP in relation to the Commission proposal are indicated in bold italics.

Second column:

Additions suggested by the EP in relations to the Commission proposal are indicated in bold italics.

Third column:

Additions suggested by the Council in relation to the Commission proposal are indicated in bold

italics.

Fourth column:

Changes with respect to the text of Council's general approach are marked by bold underlined.

ANNEX

2014/0096(COD) i

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Proposal for a DIRECTIVE OF THE EUROPEAN

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE

PARLIAMENT AND OF THE COUNCIL

COUNCIL of […]

on the approximation of the laws of on the approximation of the laws of the Member States relating to caseins the Member States relating to caseins

and caseinates intended for human and caseinates intended for human consumption and repealing Council consumption and repealing Council

Directive 83/417/EEC i Directive 83/417/EEC i

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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social

Committee 3 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

3 OJ C , , p. .

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(1) Council Directive 83/417/EEC i 4 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 5

for edible casein products, which need to be taken into account.

(2) Directive 83/417/EEC i 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).

4 Council Directive 83/417/EEC i of 25 July 1983 on the approximation of the laws of the Member States relating to certain lactoproteins (caseins

and caseinates) intended for human consumption (OJ L 237, 26.8.1983, p. 25).

5 Standard 290-1995 http://www.codexalimentarius.org/standards/en/

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(3) For the sake of clarity, Directive 83/417/EEC i should therefore be repealed and replaced with a new Directive.

(4) Taking into account that (4) Regulation (EC) No 882/2004 i of Legal-linguistic revision Regulation (EC) No 882/2004 i of the the European Parliament and of the

European Parliament and of the Council 7 contains general, horizontal Council 6 , contains general, horizontal and uniform Union rules concerning

and uniform Union rules concerning the methods of sampling and analysis the methods of sampling and analysis of foodstuffs. The related provisions of of foodstuffs, the related provisions of Directive 83/417/EEC i are therefore no Directive 83/417/EEC i are therefore no longer necessary. longer necessary.

(5) Taking into account that (5) Regulation (EC) No 178/2002 i of Legal-linguistic revision Regulation (EC) No 178/2002 i of the the European Parliament and of the European Parliament and of the Council 9 contains general, horizontal Council 8 contains general, horizontal and uniform Union rules concerning

and uniform Union rules concerning the adoption of emergency measures the adoption of emergency measures for food and feed. The related

6 Regulation (EC) No 882/2004 i of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the

verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

7 Regulation (EC) No 882/2004 i of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the

verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

8 Regulation (EC) No 178/2002 i of the European Parliament and of the Council of 28 January 2002 laying down the general principles and

requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

9 Regulation (EC) No 178/2002 i of the European Parliament and of the Council of 28 January 2002 laying down the general principles and

requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

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for food and feed, the related provisions of Directive 83/417/EEC i provisions of Directive 83/417/EEC i are therefore no longer necessary. are therefore no longer necessary.

Amendment 1

Recital 6

(6) Directive 2000/13/EC i of the (6) Under Regulation (EU) No (6) According to Regulation (EU) No Compromise proposal:

European Parliament and of the 1169/2011 11 of the European 1169/2011 of the European

Council 10 does not apply to business Parliament and of the Council, Parliament and of the Council 12 , "(6) According to Regulation (EU) to business relations. Since the sufficient information is to be sufficient information should be No 1169/2011 of the European 13

products covered by this Directive are provided in business to business provided in business to business Parliament and of the Council , not meant to be sold to the final relations in order to ensure the relations in order to ensure the sufficient information is to be consumer but only from business to presence and accuracy of food presence and accuracy of food provided in business to business business for the preparation of food information for the final consumer. information to the final consumer. relations in order to ensure the products, it is appropriate to maintain, Since the products covered by this Since the products covered by this presence and accuracy of food adapt to the current legal framework Directive are not meant to be sold to Directive are meant to be sold from information to the final consumer. and simplify the specific rules already the final consumer but only from business to business for the Since the products covered by this included in Directive 83/417/EEC i. business to business for the preparation of food products, it is Directive are meant to be sold from Those rules provide for the preparation of food products, it is appropriate to maintain and adapt the business to business for the information to be provided for those appropriate to maintain, adapt to the specific rules already included in preparation of food products, it is products in order to allow the food current legal framework and simplify Directive 83/417/EEC i to the current appropriate to maintain and adapt the business operators, on the one hand, to the specific rules already included in legal framework and simplify them. specific rules already included in avail of the information they need for Directive 83/417/EEC i. Those rules Such specific rules should provide for Directive 83/417/EEC i to the current

10 Directive 2000/13/EC i 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).

11 Regulation (EU) No 1169/2011 i 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).

12 Regulation (EU) No 1169/2011 i 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).

13 Regulation (EU) No 1169/2011 i 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).

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the labelling of the final products, for provide for the information to be the information to be provided for the legal framework and simplify them.

example when it comes to allergens, provided for those products in order to products covered by this Directive, in Such specific rules should provide for

and on the other hand to avoid that allow the food business operators, on business to business relations, in order, the information to be provided for the

those products can be confused with the one hand, to avail of the on the one hand to allow food business products covered by this Directive, in

similar products not meant for human information they need for the labelling operators to avail of the information business to business relations, in order,

consumption. of the final products, for example they need for the labelling of the final on the one hand to allow food business

when it comes to allergens, and on the products, for example when it comes operators to avail of the information

other hand to avoid that those products to allergens, and on the other hand to they need for the labelling of the final

can be confused with similar products avoid that those products can be products, for example when it comes

not meant or that are unfit for human confused with similar products not to allergens, and on the other hand to

consumption. meant for human consumption. avoid that those products can be

confused with similar products not

meant or not suitable for human

consumption."

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Amendment 2

Recital 7

(7) Regulation (EC) No 1333/2008 i of (7) Regulation (EC) No 1333/2008 i of (7) Regulation (EC) No 1333/2008 i of Compromise proposal the European Parliament and of the the European Parliament and of the the European Parliament and of the

Council 14 provides for the definition of Council 15 provides for the definition of Council 16 provides for the definition of "(7) Regulation (EC) No 1333/2008 i of processing aids referred to as processing aids referred to as food additives and processing aids the European Parliament and of the technological adjuvants in Directive technological adjuvants in Directive referred to as technological adjuvants Council

17

 provides for the definition of

83/417/EEC. Consequently, this 83/417/EEC. Consequently, this in Directive 83/417/EEC i. food additives and processing aids Directive should use the term Directive should use the terms 'food Consequently, this Directive should referred to as technological adjuvants ‘processing aids’ instead of additives' and 'processing aids' use the terms 'food additives' and in Directive 83/417/EEC i. ‘technological adjuvants’. instead of 'technological adjuvants' in ‘processing aids’ instead of Consequently, this Directive should line with the Codex Alimentarius ‘technological adjuvants’. use the terms 'food additives' and

Standard for edible casein products. 'processing aids' instead of 'technological adjuvants', which is

also in line with the Codex Alimentarius Standard for edible casein products. "

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

• p. 

  16).

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

• p. 

  16).

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

• p. 

  16).

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

• p. 

  16).

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(8) Other terms and references used in the Annexes to Directive 83/417/EEC i should be adapted to take into account those used in Regulation (EC) No 1333/2008 i and Regulation (EC) No 1332/2008 i of the European Parliament

and of the Council 18 .

(9) Annex I to Directive 83/417/EEC i (9) Annex I to Directive 83/417/EEC i Legal-linguistic revision fixes the maximum moisture content fixes the maximum moisture content for edible caseins at 10% and the for edible caseins at 10% and the maximum milk fat content for edible maximum milk fat content for edible acid casein at 2.25%. Taking into acid casein at 2.25%. Taking into consideration that international consideration that international standard 290–1995 set by the Codex standard 290–1995 set by the Codex Alimentarius fixes those parameters at Alimentarius fixes those parameters at respectively 12% and 2%, the 12% and 2% respectively, the corresponding parameters should be corresponding parameters should be set in line with the international set in line with that international standard so as to avoid trade standard so as to avoid trade distortions. distortions.

18 Regulation (EC) No 1332/2008 i of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council

Directive 83/417/EEC i, Council Regulation (EC) No 1493/1999 i, Directive 2000/13/EC i, Council Directive 2001/112/EC i and Regulation (EC) No 258/97 i (OJ L 354, 31.12.2008, p. 7).

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(10) In order to promptly adapt or update the technical elements contained in the Annexes to take account of developments in relevant international standards or technical progress, the power to adopt acts in accordance with Article 290 of the Treaty 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.

(11) It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

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Standard recital on subsidiarity:

"(11a) Since the objectives of this Directive, namely 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 in line with general Union legislation on foodstuffs and with international standards, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives."

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(12) Member States should have some Deleted Remark: margin to adopt national measures in

matters not specifically harmonised by In the Council's position, this recital this Directive to adapt to the national was deleted in line with the deletion of legal and administrative environment. the corresponding article (see 'remark' In such cases, Member States should on Article 6).

notify their national measures to the Commission in accordance with the procedure laid down in Directive 98/34/EC i of the European Parliament

and of the Council 19 ,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Article 1 Legal-linguistic revision Scope

This Directive applies to caseins and caseinates, which are intended for human consumption and mixtures thereof.

19 Directive 98/34/EC i of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in

the field of technical standards and regulations (OJ L 204, 21.7.1998, p. 37)

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Article 2 Article 2 Legal-linguistic revision Definitions

For the purposes of this Directive, the following definitions shall apply:

Amendment 3

Article 2 (a)

(a) ‘caseins’ means the principal (a) ‘caseins’ means the principal Deleted Remarks: protein constituent of milk, washed protein constituent of milk, washed

and dried, insoluble in water and and dried, insoluble in water and 1) "and/or other products obtained" obtained from skimmed milk by obtained from skimmed milk and/or from milk" is covered by the Council's precipitation: other products obtained from milk by proposed version for point (a). (i) by the addition of acid, or precipitation:

(ii) by microbial acidification, or 2) In the Council's position, this definition has been deleted and

(iii) by using rennet, or merged with the precise definition of

(iv) by using other milk-coagulating the specific products (see (new) points

enzymes, a) and b) below). This is a full alignment with the Codex Alimentarius

and subjected to heat treatment standard. rendering the phosphatase negative, without prejudice to the possibility of prior use of ion exchange processes and concentration processes;

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(b) ‘caseinates’ means products Deleted Remark: obtained by drying caseins treated with

neutralizing agents and subjected to In the Council's position, this heat treatment rendering the definition has been deleted and

phosphatase negative; merged with the precise definition of the specific products (see (new) point

c) below). This is a full alignment with the Codex Alimentarius standard.

(c) ‘skimmed milk’ means milk to Deleted Remark: which nothing has been added and of

which only the fat content has been In the Council's position, this

reduced. definition has been deleted as skimmed milk is not the specific subject of this

directive.

(d) ‘edible acid casein’ means casein (a) ‘edible acid casein’ means the milk intended for human consumption product obtained by separating, obtained by precipitation using the washing and drying the acid processing aids and bacterial cultures precipitated coagulum of skimmed listed in Section I(d) of Annex I which milk and/or of products obtained comply with the standards laid down from milk; in Section I of that Annex;

(e) ‘edible rennet casein’ means casein (b) ‘edible rennet casein’ means the intended for human consumption milk product obtained by separating, obtained by precipitation using the washing and drying the coagulum of processing aids listed in Section II(d) skimmed milk and/or of products of Annex I which comply with the obtained from milk; the coagulum is standards laid down in Section II of obtained through the reaction of that Annex; rennet or other coagulating enzymes;

(f) ‘edible caseinates’ means (c) ‘edible caseinates’ means the milk caseinates obtained from edible product obtained by action of edible caseins using neutralizing agents of casein or edible casein curd

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edible quality listed under point (d) of coagulum with neutralizing agents Annex II and complying with the followed by drying. standards set out in that Annex.

Article 3 Article 3 Legal-linguistic revision Obligations of Member States

Member States shall take all the necessary steps to ensure that:

(a) the products defined in Article 2 (a) the products defined in Article 2 are marketed only if they conform to are marketed under the names the rules and standards laid down in specified therin only if they comply this Directive and Annexes I and II with the rules laid down in this thereto, and Directive and the standards laid down in Annexes I and II thereto, and

(b) products which do not satisfy the (b) caseins and caseinates which do standards laid down in Annexes I and not comply with the standards laid II are not used for the preparation of down in points (b) and (c) of Section I foodstuffs and are named and labelled of Annex I, points (b) and (c) of in such a way that the buyer is not Section II of Annex I or points (b) misled as to their nature, quality or and (c) of Annex II are not used for use. the preparation of food and, where lawfully marketed, are named and labelled in such a way that the purchaser is not misled as to their nature, quality or use.

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Article 4 Deleted Remark:

The names laid down in Article 2(d),

(e) and (f) shall be reserved for the In the Council's position, this products defined and shall be used provision has been deleted and commercially to designate those integrated in the new (more products. comprehensive) drafting of Article 3.

Article 5 Article 4 Labelling

• 1. 

  The mandatory particulars to be 1. The following particulars shall be Legal-linguistic revision marked on the packages, containers or marked on the packages, containers or labels of the products defined in labels of the products defined in Article 2 shall be easily visible, clearly Article 2 in easily visible, clearly legible and in indelible characters, and legible and indelible characters: shall be the following:

(a) the name reserved for those (a) the name laid down for those Remark: products in accordance with Article 4 products in accordance with points (a),

with, in the case of caseinates, an (b) and (c) of Article 2 with, in the More precise drafting

indication of the cation or cations; case of edible caseinates, an indication of the cation or cations as listed in

point (d) of Annex II;

(b) in the case of products marketed as mixtures:

(i) the words ‘mixture of …’ followed (i) the words ‘mixture of …’ followed Legal-linguistic revision by the names of the different products by the names of the different products which make up the mixture, in which the mixture is composed of, in decreasing order of weight, decreasing order of weight,

(ii) an indication of the cation or (ii) an indication of the cation or Remark:

cations in the case of caseinate or cations, as listed in point (d) of Annex More precise drafting

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caseinates, II, in the case of edible caseinates,

(iii) the protein content in the case of mixtures containing caseinates;

(c) the net quantity expressed in kilograms or grams;

(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 into the Union market;

(e) in the case of products imported from third countries, the name of the country of origin;

(f) the lot identification or the date of production.

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• 2. 

  Member States shall prohibit the 2. A Member State shall prohibit the Remark: marketing of products defined in marketing of products defined in

Article 2(d), (e) and (f) in their points (a), (b) and (c) of Article 2 in More precise drafting

territory if the particulars referred to in its territory if the particulars referred paragraph 1 do not appear in a to in paragraph 1 are not marked in a language easily understood by the language easily understood by the purchasers of the Member States purchasers of the Member State where where those products are marketed, those products are marketed, unless unless such information is given by such information is given by other other means; this shall not preclude the means; those particulars may be appearance of those particulars in marked in several languages. several languages.

• 3. 

  The particulars referred to in 3. The particulars referred to in sub Legal-linguistic revision paragraph 1(b)(iii) and in paragraph point (iii) of point (b) and in points 1(c), (d) and (e), need appear only in (c), (d) and (e) of paragraph 1 need to an accompanying document. be marked only in an accompanying document.

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Article 6 Deleted Remark:

• 1. 

  Member States may adopt national 1) In the Council's position, this measures concerning matters not provision has been deleted as it was specifically harmonised by this recognised that it only reflects the Directive provided that they do not general Treaty provisions (see Articles prohibit, impede or restrict the free 4 and 5 of the TEU), which apply movement of goods that are in without having to be reproduced in conformity with this Directive. each legislative act.

• 2. 

  Member States shall immediately

communicate to the Commission any 2) There is no need to repeat in each such national measure in accordance specific legal act that Directive with the procedure laid down in 98/34/EC is applicable

Directive 98/34/EC i.

Article 7 Article 5 Legal-linguistic revision Delegation of power

The Commission shall be empowered In order to take account of Remark to adopt delegated acts in accordance developments in relevant international

with Article 8, concerning standards and technical progress, the More precise drafting

amendments to Annexes I and II to Commission shall be empowered to take account of the developments in amend the standards laid down in relevant international standards and of Annexes I and II by means of technical progress. delegated acts adopted in accordance with Article 6.

Article 8 Article 6 Legal-linguistic revision Exercise of the delegation

• 1. 

  The power to adopt delegated acts is 1. The power to adopt delegated acts is Remark:

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conferred on the Commission subject conferred on the Commission subject The added paragraph explicates the to the conditions laid down in this to the conditions laid down in this need for consultations before the Article. Article. adoption of a delegated act.

It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States' experts, before adopting those delegated acts.

Amendment 4

Article 8(2)

• 2. 

  The power to adopt delegated acts 2. The power to adopt delegated acts 2. The power to adopt delegated acts Acceptable referred to in Article 7 shall be referred to in Article 7 shall be referred to in Article 5 shall be

conferred on the Commission for an conferred on the Commission for a conferred on the Commission for a Same proposals from the EP and from indeterminate period of time from period of five years from [… 20 ]. The period of five years from [… 21 ]. The the Council.

(…). (Publications Office is to fill in Commission shall draw up a report in Commission shall draw up a report in the date of entry into force of this respect of the delegation of power not respect of the delegation of power not Act). later than nine months before the end later than nine months before the end of the five-year period. The of the five-year period. The delegation of power shall be tacitly delegation of power shall be tacitly extended for periods of an identical extended for periods of an identical duration, unless the European duration, unless the European Parliament or the Council opposes Parliament or the Council opposes such extension not later than three such extension not later than three months before the end of each period. months before the end of each period.

• 3. 

  The delegation of power referred to 3. The delegation of power referred to Alignment with the new numbering of

in Article 7 may be revoked at any in Article 5 may be revoked at any the articles.

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

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

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time by the European Parliament or by time by the European Parliament or by the Council. A decision to revoke shall the Council. A decision to revoke shall put an end to the delegation of the put an end to the delegation of the power specified in that decision. It power specified in that decision. It shall take effect the day following the shall take effect the day following the publication of the decision in the publication of the decision in the Official Journal of the European Official Journal of the European Union or at a later date specified Union or at a later date specified therein. It shall not affect the validity therein. It shall not affect the validity of the delegated acts already in force. of the delegated acts already in force.

• 4. 

  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

• 5. 

  A delegated act adopted pursuant to 5. A delegated act adopted pursuant to Alignment with the new numbering of

Article 7 shall enter into force only if Article 5 shall enter into force only if the articles.

no objection has been expressed either no objection has been expressed either

by the European Parliament or the by the European Parliament or the

Council within a period of two months Council within a period of two months

from the date of notification of that act from the date of notification of that act

to the European Parliament and the to the European Parliament and to the

Council or if, before the expiry of that Council or if, before the expiry of that

period, the European Parliament and period, the European Parliament and

the Council have both informed the the Council have both informed the

Commission that they will not object. Commission that they will not object.

That period shall be extended by two That period shall be extended by two

months at the initiative of the months at the initiative of the

European Parliament or of the European Parliament or of the

Council. Council.

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Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

Article 9 Article 7 Legal-linguistic revision Transposition

Amendment 5

Article 9(1)

• 1. 

  Member States shall bring into force 1. Member States shall bring into force 1. Member States shall bring into force Not acceptable the laws, regulations and the laws, regulations and the laws, regulations and

administrative provisions necessary to administrative provisions necessary to administrative provisions necessary to Remark:

comply with this Directive by 31 comply with this Directive by [... 22 ]. comply with this Directive by [... 23 ]. As the EP, the Council intends to March 2015 at the latest. They shall They shall forthwith communicate to They shall immediately inform the shorten the transposition period as forthwith communicate to the the Commission the text of those Commission thereof. much as possible. However, the Commission the text of those provisions. Council recognised that less than one provisions. year will not be compatible with the time needed by the Member States to comply with legislative and administrative procedures at national level

When Member States adopt those When Member States adopt those Legal-linguistic revision provisions, they shall contain a provisions, they shall contain a reference to this Directive or be reference to this Directive or be accompanied by such a reference on accompanied by such a reference on the occasion of their official the occasion of their official publication. Member States shall publication. The methods of making determine how such reference is to be such reference shall be laid down by made. Member States.

• 2. 

  Member States shall communicate to the Commission the text of the main provisions of national law which they

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

23 OJ: please insert the date of 12months after the entry into force of this Directive.

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Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

adopt in the field covered by this Directive.

Article 10 Article 8 Legal-linguistic revision Repeal

Directive 83/417/EEC i is repealed. Directive 83/417/EEC i is repealed Remark: from the date referred to in the first

sub-paragraph of Article 7(1) of this More precise drafting

Directive.

References to the repealed Directive shall be construed as references to this Directive and read in accordance with the correlation table in Annex III.

Article 11 Article 9 Legal-linguistic revision Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 12 Article 10 Legal-linguistic revision Addresses

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

For the Council

The President The President

ANNEX DGB 3B LIMITE EN

Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

ANNEX I

EDIBLE CASEINS

I. STANDARDS APPLICABLE TO EDIBLE ACID CASEIN'

(a) Essential factors of composition

• 1. 

  Maximum moisture content

– 12,0% by weight

• 2. 

  Minimum milk protein content calculated on the dried extract – 90 % by weight

of which minimum casein content – 95% by weight

• 3. 

  Maximum milk fat content calculated 3. Maximum milk fat content – 2% by Remark:

on the dried extract – 2,0% by weight weight Full alignment with the Codex

Alimentarius standards

• 4. 

  Maximum titratable acidity, expressed in ml of decinormal sodium hydroxide solution per g – 0,27

• 5. 

  Maximum ash content (P 2 O 5 included) – 2,5% by weight

• 6. 

  Maximum anhydrous lactose content – 1% by weight

ANNEX DGB 3B LIMITE EN

Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

• 7. 

  Maximum sediment content (burnt particles) – 22,5 mg in 25 g

(b) Contaminants

Maximum lead content – 1 mg/kg Maximum lead content – 0,75 mg/kg Technical adjustment.

(c) Impurities

Extraneous matter (such as wood or metal

particles, hairs or insect fragments) – nil in

25 g

(d) Processing aids and bacterial (d) Processing aids, bacterial Technical clarification

cultures cultures and authorised ingredients

(i) —lactic acid (i) — acids Technical clarification

—lactic acid Technical clarification

—hydrochloric acid

—sulphuric acid

—citric acid

—acetic acid

—orthophosphoric acid

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Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

(ii) — whey (ii) bacterial cultures producing lactic Technical clarification

acid

—bacterial cultures producing lactic acid (iii) whey Technical clarification

(e) Organoleptic characteristics

1. Odour: No foreign odours

2. Appearance: Colour ranging from white to creamy white; the product must not contain any lumps that would not break up under slight pressure.

II. STANDARDS APPLICABLE TO EDIBLE RENNET CASEIN

(a) Essential factors of composition

• 1. 

  Maximum moisture content – 12% m/m 1. Maximum moisture content – 12% by Technical correction

  weight

• 2. 

  Minimum milk protein content calculated on the dried extract – 84% by weight

of which minimum casein content – 95%

by weight

• 3. 

  Maximum milk fat content calculated 3. Maximum milk fat content – 2% by Remark:

on the dried extract – 2,0% by weight weight Full alignment with the the Codex

Alimentarius standards

• 4. 

  Minimum ash content (P 2 O 5 included) – 7,50 % by weight

ANNEX DGB 3B LIMITE EN

Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

• 5. 

  Maximum anhydrous lactose content – 1,0% by weight

• 6. 

  Maximum sediment content (burnt 6. Maximum sediment content (burnt Technical correction

particles) – 22,5 mg in 25 g particles) – 15 mg in 25 g

(b) Contaminants

Maximum lead content – 1 mg /kg Maximum lead content – 0,75 mg /kg Technical adjustment

(c) Impurities

Extraneous matter (such as wood or metal particles, hairs or insect ' fragments) – nil in 25g

(d) Processing aids

—Rennet meeting the requirements of Regulation (EC) No 1332/2008 i;

—other milk-coagulating enzymes meeting the requirements of Regulation (EC) No 1332/2008 i.

(e) Organoleptic characteristics

1. Odour: No foreign odours

2. Appearance: Colour ranging from white to creamy white; the product must not contain any lumps that would not break up under slight pressure.

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Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

ANNEX II

EDIBLE CASEINATES

STANDARDS APPLICABLE TO EDIBLE CASEINATES

(a) Essential factors of composition

• 1. 

  Maximum moisture content – 8% by weight

Amendment 6

Annex II (a) 2.

• 2. 

  Minimum content of milk protein 2. Minimum content of milk protein Not acceptable

casein, calculated on the dried extract – casein, calculated on an as-is basis – 88 %

88 % by weight by weight Remarks:

1) The replacement of Directive 83/417/EEC by this Directive aims, inter alia, at aligning the standards applicable to edible caseins and caseinates placed on the EU market with the Codex Alimentarius relevant standards;

2) Such alignment, which ensures comparable conditions for the caseinates producers at international level, favours the competitiveness of the EU products (50% of the EU caseinates production is exported),

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Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

thus contributing for the growth and jobs EU objective;

3) Setting a different EU standard for caseinates, with a higher milk protein casein content, would trigger the need for solid justification vis-à-vis WTO partners,

4) Food business operators may place on the market caseinates with higher milk protein casein content, in particular for specific uses, and to promote their products on that basis;

In view of the above, the reason for the EP amendment should be clarified.

of which minimum casein content – 95% Technical correction

by weight

• 3. 

  Maximum content of milk fat, 3. Maximum milk fat content – 2% by Full alignment with the Codex

calculated on the dried extract – 2,0 % by weight standards

weight

• 4. 

  Maximum anhydrous lactose content – 1,0% by weight

• 5. 

  pH value – 6,0 to 8,0

• 6. 

  Maximum sediment content (burnt particles) – 22,5 mg in 25 g

(b) Contaminants

Maximum lead content –1 mg /kg Maximum lead content –0,75 mg /kg

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Commission proposal Draft EP amendments Council's general approach Compromise proposals/Remarks

(ENVI report 24.2.2015) (15875/14)

(c) Impurities

Extraneous matter (such as wood or metal

particles, hairs or insect fragments) – nil in

25 g

(d) Processing aids (d) Food additives Technical clarification

(optional neutralizing and buffering

agents)

hydroxydes, carbonates, phosphates, citrates

of

sodium, potassium, calcium, ammonium, magnesium

(e) Characteristics

1. Odour: Very slight foreign flavours and odours.

2. Appearance: Colour ranging from white 2. Appearance: Colour ranging from white Wording aligned with Annex I.

to creamy white; the product must not to creamy white; the product must not contain any lumps that do not break under contain any lumps that would not break up slight pressure. under slight pressure.

3. Solubility: Almost entirely soluble in distilled water, except for the calcium caseinate.

ANNEX DGB 3B LIMITE EN

P.m.:

Annex III will have to be aligned with decisions on the previous provisions and Annexes.

The versions of the Commission proposal and of the Council's position are set out below.

Commisison proposal Council's general approach (15875/14)

ANNEX III ANNEX III Correlation table Correlation table

Council Directive No 83/417/EEC This Directive Council Directive No 83/417/EEC This Directive

Article 1 Articles 1 and 2 Article 1 Articles 1 and 2

Article 2 Article 3 Article 2 Article 3

Article 3 Article 4 Article 3 -

Article 4(1) Article 5(1) Article 4(1) Article 4(1)

Article 4(2), first subparagraph Article 5(2) Article 4(2), first subparagraph Article 4(2)

Article 4(2), second subparagraph Article 5(3) Article 4(2), second subparagraph Article 4(3)

Article 5 Article 2(a) and (b) Article 5 -

• - 

  Article 6(1) - -

Article 6(1) Article 6(2) Article 6(1) -

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Commisison proposal Council's general approach (15875/14)

Article 6(2) Article 6(3) Article 6(2) -

Article 7 - Article 7 -

Article 8 - Article 8 -

Article 9 - Article 9 -

Article 10 - Article 10 -

Article 11 - Article 11 -

• - 

  Article 5

• - 

  Article 6

• - 

  Article 7 Article 12 Article 7

• - 

  Article 8 - Article 8

Article 12 Article 9 - Article 9

• - 

  Article 10 Article 13 Article 10

• - 

  Article 11

Article 13 Article 12

Annex I, section I Article 2, points (d) and (e) Annex I, section I Article 2, points (a) and (b)

Annex I, section II Annex I, section I Annex I, section II Annex I, section I

Annex I, section III Annex I, section II Annex I, section III Annex I, section II

Annex II, section I Article 2, point (f) Annex II, section I Article 2, point (c)

ANNEX DGB 3B LIMITE EN

Commisison proposal Council's general approach (15875/14)

Annex II, section II Annex II Annex II, section II Annex II

• - 

  Annex III - Annex III

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