HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
29.10.2013 Official
Journal
of
the
European
Union
L
287/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1021/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 9 October 2013
amending Directives 1999/4/EC and 2000/36/EC of the European Parliament and of the Council and
Council Directives 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be
conferred on the Commission
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
sugars intended for human consumption ( 5 ), Council
EUROPEAN UNION,
Directive 2001/113/EC of 20 December 2001 relating
to fruit jams, jellies and marmalades and sweetened
chestnut purée intended for human consumption ( 6 )
and Council Directive 2001/114/EC of 20 December
Having regard to the Treaty on the Functioning of the European
2001 relating to certain partly or wholly dehydrated
Union, and in particular Articles 43(2) and 114(1) thereof,
preserved milk for human consumption
( 7 ) confer
powers on the Commission in order to implement
some of the provisions of those Directives. Those
powers have been exercised in accordance with the
Having regard to the proposal from the European Commission,
procedures laid down in Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the
Commission ( 8 ). It is appropriate, following the entry
After transmission of the draft legislative act to the national
into force of the Treaty of Lisbon, to align that
parliaments,
conferral of powers to Article 290 of the Treaty on
the Functioning of the European Union (TFEU).
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(2) In
particular,
Directives
2000/36/EC,
2001/111/EC,
2001/113/EC and 2001/114/EC confer powers on the
Commission to adopt measures necessary for the imple
Acting in accordance with the ordinary legislative procedure ( 2 ),
mentation of those Directives relating to adaptation to
technical progress. Such measures are currently subject to
the regulatory procedure with scrutiny in the case of
Directive 2000/36/EC, and to the regulatory procedure
Whereas:
in the case of Directives 2001/111/EC, 2001/113/EC and
2001/114/EC. It is appropriate, following the entry into
force of the Treaty of Lisbon, to align that conferral of
powers to Article 290 TFEU and the scope of those
(1) Directive
1999/4/EC
of
the
European
Parliament
and
of
powers should be reviewed.
the Council of 22 February 1999 relating to coffee
extracts and chicory extracts ( 3 ), Directive 2000/36/EC
of the European Parliament and of the Council of
23 June 2000 relating to cocoa and chocolate products
intended for human consumption ( 4 ), Council Directive
2001/111/EC of 20 December 2001 relating to certain
(3) The
Annexes
to
Directives
2000/36/EC,
2001/111/EC
and 2001/113/EC contain technical elements which
might have to be adapted or updated in order to take
( 1 ) OJ C 229, 31.7.2012, p. 143.
( 2 ) Position of the European Parliament of 11 September 2013 (not yet
published in the Official Journal) and decision of the Council of
( 5 ) OJ L 10, 12.1.2002, p. 53.
26 September 2013.
( 6 ) OJ L 10, 12.1.2002, p. 67.
( 3 ) OJ L 66, 13.3.1999, p. 26.
( 7 ) OJ L 15, 17.1.2002, p. 19.
( 4 ) OJ L 197, 3.8.2000, p. 19.
( 8 ) OJ L 184, 17.7.1999, p. 23.

---

L 287/2
EN
Official Journal of the European Union
29.10.2013
account of developments in relevant international
Since it remains the case that the objectives of those
standards. However, Directives 2000/36/EC and
Directives cannot be sufficiently achieved by the
2001/111/EC do not confer on the Commission appro
Member States and can therefore be better achieved at
priate powers to promptly amend the Annexes thereto in
Union level, the Union may adopt measures, in
order to take account of such developments. Therefore,
accordance with the principle of subsidiarity as set out
in order to ensure the consistent implementation of
in Article 5 of the Treaty on European Union. In
Directives 2000/36/EC and 2001/111/EC, additional
accordance with the principle of proportionality, as set
powers to amend Sections C and D of Annex I to
out in that Article, this Regulation does not go beyond
Directive 2000/36/EC and Part B of the Annex to
what is necessary in order to achieve its objectives.
Directive 2001/111/EC should be delegated to the
Commission to take account of developments in
relevant international standards. Furthermore, Directive
2001/113/EC confers on the Commission powers to
(7) Directives 1999/4/EC, 2000/36/EC, 2001/111/EC,
bring that Directive into line with developments in
2001/113/EC and 2001/114/EC should therefore be
relevant international standards in accordance with the
amended accordingly.
regulatory procedure. It is appropriate, following the
entry into force of the Treaty of Lisbon, to align that
conferral of powers to Article 290 TFEU and the scope
of those powers should be reviewed.
(8) Since
the
amendments
made
to
Directives
1999/4/EC,
2000/36/EC, 2001/111/EC, 2001/113/EC and
2001/114/EC concern Commission powers only, they
do not need to be transposed by the Member States,
(4) Therefore,
in
order
to
take
account
of
technical
progress
and developments in relevant international standards, the
power to adopt acts in accordance with Article 290
TFEU should be delegated to the Commission in
HAVE ADOPTED THIS REGULATION:
respect of the following: amending Sections C and D
of Annex I to Directive 2000/36/EC; amending Part B
of the Annex to Directive 2001/111/EC; and amending
Annex II and Part B of Annex III to Directive
Article 1
2001/113/EC. It is of particular importance that the
Commission carry out appropriate consultations during
Amendments to Directive 1999/4/EC
its preparatory work, including at expert level. The
Commission, when preparing and drawing up delegated
Articles 4 and 5 of Directive 1999/4/EC are deleted.
acts, should ensure a simultaneous, timely and appro
priate transmission of relevant documents to the
European Parliament and to the Council.
Article 2
Amendments to Directive 2000/36/EC
(5) Following
the
adoption
of
Regulation
(EC)
No
178/2002 Directive 2000/36/EC is hereby amended as follows:
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
(1) Article 5 is replaced by the following:
procedures in matters of food safety ( 1 ), which applies
to all stages of production, processing and distribution
of food and feed at Union and national level, general
Union provisions on foodstuffs apply directly to the
‘Article 5
products covered by Directives 1999/4/EC, 2000/36/EC,
2001/111/EC, 2001/113/EC and 2001/114/EC. It is
For the purposes of taking into account technical progress
therefore no longer necessary for the Commission to
and developments in relevant international standards, the
have the powers to align the provisions of those
Commission shall be empowered to adopt delegated acts
Directives to the general Union provisions on foodstuffs.
in accordance with Article 6 to amend Sections C and D
The provisions conferring such powers should therefore
of Annex I.’;
be deleted.
(2) Article 6 is replaced by the following:
(6) This Regulation is limited to aligning the existing
conferral of powers on the Commission under Directives
1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC
and 2001/114/EC to Article 290 TFEU and, where
‘Article 6
appropriate, to reviewing the scope of those powers.
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this
( 1 ) OJ L 31, 1.2.2002, p. 1.
Article.

---

EN
29.10.2013 Official
Journal
of
the
European
Union
L
287/3
2. The power to adopt delegated acts referred to in
‘Article 5
Article 5 shall be conferred on the Commission for a
period of five years from 18 November 2013. The
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission shall draw up a report in respect of the
Commission subject to the conditions laid down in this
delegation of power not later than nine months before
Article.
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
2. The
power
to
adopt
delegated
acts
referred
to
in
opposes such extension not later than three months
Article 4 shall be conferred on the Commission for a
before the end of each period.
period of five years from 18 November 2013. 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
3. The
delegation
of
power
referred
to
in
Article
5
may
shall be tacitly extended for periods of an identical
be revoked at any time by the European Parliament or by
duration, unless the European Parliament or the Council
the Council. A decision to revoke shall put an end to the
opposes such extension not later than three months
delegation of the power specified in that decision. It shall
before the end of each period.
take effect the day following the publication of the decision
in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of any
delegated acts already in force.
3. The
delegation
of
power
referred
to
in
Article
4
may
be revoked at any time by the European Parliament or by
the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
take effect the day following the publication of the decision
shall notify it simultaneously to the European Parliament
in the Official Journal of the European Union or at a later date
and to the Council.
specified therein. It shall not affect the validity of any
delegated acts already in force.
5. A
delegated
act
adopted
pursuant
to
Article
5
shall
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
enter into force only if no objection has been expressed
shall notify it simultaneously to the European Parliament
either by the European Parliament or the Council within a
and to the Council.
period of two months from the date of notification of that
act to the European Parliament and the Council or if, before
the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will
5. A
delegated
act
adopted
pursuant
to
Article
4
shall
not object. That period shall be extended by two months at
enter into force only if no objection has been expressed
the initiative of the European Parliament or of the Council.’.
either by the European Parliament or the Council within a
period of two months from the date of notification of that
act to the European Parliament and the Council or if, before
the expiry of that period, the European Parliament and the
Article 3
Council have both informed the Commission that they will
not object. That period shall be extended by two months at
Amendments to Directive 2001/111/EC
the initiative of the European Parliament or of the Council.’.
Directive 2001/111/EC is hereby amended as follows:
Article 4
Amendments to Directive 2001/113/EC
(1) Article 4 is replaced by the following:
Directive 2001/113/EC is hereby amended as follows:
‘Article 4
(1) Article 5 is replaced by the following:
For the purposes of taking into account technical progress
and developments in relevant international standards, the
Commission shall be empowered to adopt delegated acts
in accordance with Article 5 to amend Part B of the
‘Article 5
Annex.’;
For the purposes of taking into account technical progress
and developments in relevant international standards, the
Commission shall be empowered to adopt delegated acts
in accordance with Article 6 to amend Annex II and Part
(2) Article 5 is replaced by the following:
B of Annex III.’;

---

L 287/4
EN
Official Journal of the European Union
29.10.2013
(2) Article 6 is replaced by the following:
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall notify it simultaneously to the European Parliament
and to the Council.
‘Article 6
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this
5. A
delegated
act
adopted
pursuant
to
Article
5
shall
Article.
enter into force only if no objection has been expressed
either by the European Parliament or the Council within a
period of two months from the date of notification of that
2. The power to adopt delegated acts referred to in
act to the European Parliament and the Council or if before
Article 5 shall be conferred on the Commission for a
the expiry of that period, the European Parliament and the
period of five years from 18 November 2013. The
Council have both informed the Commission that they will
Commission shall draw up a report in respect of the
not object. That period shall be extended by two months at
delegation of power not later than nine months before
the initiative of the European Parliament or of the Council.’.
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
Article 5
opposes such extension not later than three months
before the end of each period.
Amendments to Directive 2001/114/EC
Articles 5 and 6 of Directive 2001/114/EC are deleted.
3. The
delegation
of
power
referred
to
in
Article
5
may
be revoked at any time by the European Parliament or by
the Council. A decision to revoke shall put an end to the
Article 6
delegation of the power specified in that decision. It shall
Entry into force
take effect the day following the publication of the decision
in the Official Journal of the European Union or at a later date
This Regulation shall enter into force on the twentieth day
specified therein. It shall not affect the validity of any
following that of its publication in the Official Journal of the
delegated acts already in force.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 9 October 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. LEKEVIIUS

---

Document Outline

• �

---