Draft Commission Regulation of Refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health - Decision not to oppose adoption - Montesquieu Institute

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COUNCIL OFBrussels, 5 March 2010

THE EUROPEAN UNION

7197/10

DENLEG 34 SAN 49

"I/A" ITEM NOTE from :

General Secretariat

to : Permanent Representatives Committee (Part I)/Council

No. Cion prop.: 5622/10 DENLEG 12 SAN 19

Subject:

Draft Commission Regulation of Refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health Decision not to oppose adoption

• 1. 

  Article 18 (5) of Regulation (EC) No 1924/2006 of the European Parliament and of the

Council of 20 December 2006 on nutrition and health claims made on foods1 determines that

• 3. 

  Consequently, the Commission submitted the above draft Decision to the Council on

20 January 2010, in accordance with Article 5a(3)(a) of Council Decision 1999/468/EC.

• 4. 

  Under the regulatory procedure with scrutiny, the Council, acting by qualified majority, may

oppose the Commission's adoption of the draft Commission Decision on the grounds that the

draft measures presented by the Commission:

• - 

  exceed the implementing powers provided for in the basic instrument, or
• - 

  are not compatible with the aim or the content of the basic instrument, or
• - 

  do not respect the principles of subsidiarity or proportionality.
• 5. 

  The delegations were asked on 8 February 2010 to indicate before 22 February 2010 their

possible opposition to the draft Decision. The delegations did not raise any of the

above-mentioned grounds for opposition.

• 6. 

  The Permanent Representatives Committee is therefore invited to recommend to the

Council to confirm, as an "A" item of its agenda, that it is not opposed to the draft

Decision in subject. Unless the European Parliament opposes the Decision within 3 months

from its submission, the Commission may adopt it in accordance with the procedure under

Article 5a(3)(d) of Council Decision 1999/468/EC.

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