Explanatory Memorandum to COM(2008)154 - Approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Recast)

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dossier	COM(2008)154 - Approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ...
source	COM(2008)154
date	27-03-2008

1. On 1 April 1987 the Commission decided ¹ to instruct its staff that all legislative acts should be codified after no more than ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

2. The codification of Council Directive 88/344/EEC of 13 June 1988 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients ² has been initiated by the Commission, and a relevant proposal has been submitted to the legislative authority ³. The new Directive was to have superseded the various acts incorporated in it ⁴.

3. In the meantime Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ⁵ has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

4. In accordance with the joint statement of the European Parliament, the Council and the Commission ⁶ on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the procedure laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

5. It is therefore appropriate to transform the codification of Directive 88/344/EEC into a recast in order to incorporate the amendments necessary for the adjustment to the regulatory procedure with scrutiny.

88/344/EEC (adapted)

1.
COM(87) 868 PV.
2.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
3.
COM(2003) 467 final.
4.
See Annex II, Part A of this proposal.
5.
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
6.
OJ C 255, 21.10.2006, p. 1.
7.
OJ
8.
OJ
9.
OJ
10.
OJ L 157, 24.6.1988, p. 28. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
11.
See Annex II, Part A.
12.
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
13.
OJ C 255, 21.10.2006, p. 1.
14.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
15.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
16.
COM(2003) 467 final.
17.
See Annex II, Part A of this proposal.
18.
COM(87) 868 PV.
19.
See Annex II, Part A of this proposal.
20.
OJ L 31, 1.2.2002, p. 1.
21.
OJ C 255, 21.10.2006, p. 1.
22.
COM(87) 868 PV.
23.
See Annex II, Part A of this proposal.
24.
COM(87) 868 PV.
25.
See Annex II, Part A of this proposal.
26.
COM(87) 868 PV.
27.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
28.
See Annex II, Part A of this proposal.
29.
OJ C 255, 21.10.2006, p. 1.
30.
An extraction solvent is considered as being used in compliance with good manufacturing practice if its use results only in the presence of residues or derivatives in technically unavoidable quantities presenting no danger to human health.
31.
The use of Acetone in the refining of olive-pomace oil is forbidden.
32.
Hexane means a commercial product consisting essentially of acylic saturated hydrocarbons containing six carbon atoms and distilling between 64 °C and 70 °C. 1 The combined use of Hexane and Ethylmethylketone is forbidden.
33.
1 The level of n-Hexane in this solvent should not exceed 50 mg/kg. The combined use of Hexane and Ethylmethylketone is forbidden.
34.
1 The combined use of Hexane and Ethylmethylketone is forbidden.
35.
In accordance with Article 2 of Directive 92/115/EEC:
36.
In accordance with Article 2 of Directive 97/60/EC:
37.
COM(87) 868 PV.
38.
COM(87) 868 PV.
39.
COM(2003) 467 final.
40.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
41.
COM(87) 868 PV.
42.
COM(87) 868 PV.
43.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
44.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
45.
COM(2003) 467 final.
46.
See Annex II, Part A of this proposal.
47.
COM(2003) 467 final.
48.
COM(87) 868 PV.
49.
COM(87) 868 PV.
50.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
51.
COM(2003) 467 final.
52.
Carried out pursuant to the Communication for the Commission to the European Parliament and the Council
53.
COM(2003) 467 final.
54.
See Annex II, Part A of this proposal.