bxl-law : Legal | EU Affairs

Sectors

Food and farm

Food security, food safety, food information and nutrition are the four pillars of EU food law. bxl-law advises food business operators and their associations of food law on matters such as labelling, advertisement and health claims, food improvement agents and novel food, functional food including food supplements, food for specific groups, and enriched food, hygiene, food safety and packaging. bxl-law also provides advice on food retailing, both off-line and online.

bxl-law also advises clients on farm law relevant to food law. For example, where product denominations are determined by the EU’s Common Market Organisation (CMO), quality labelling (PDO, PGI, TSG), and the production and trading of organic food.

Comitology

An opaque layer of EU regulatory action but one critical to businesses.

Many people are familiar with EU Regulations and Directives and the process through which they are developed through negotiations between the European Commission, Parliament and Council. More detailed rules which are used to implement Regulations and Directives are produced through a process called comitology. Rules developed through comitology are legally binding and can have serious implications for economic actors. Following the entry into force of the Lisbon Treaty (Treaty on the Functioning of the European Union (TFEU)), the two types of rules that can be adopted through comitology are:

– Delegated Acts: Article 290 TFEU

– Implementing Acts: Article 291 of the TFEU

Delegated acts and implementing acts deal with the detail of a law’s application – in other words, the nitty-gritty. These acts are adopted by the European Commission, not the co-legislators (the European Parliament and Council). Their preparation, negotiation and adoption follow an entirely different pattern to the ordinary legislative procedure. The danger for stakeholders of comitology is that while the provisions in a Regulation may be perfectly acceptable to a business, if it does not engage in the correct ways with the comitology process the detailed implementing rules which are subsequently adopted may pose serious difficulties. The comitology process is also very opaque, and if stakeholders do not access the right advice, rules can be adopted and come into force before it finds any opportunity to raise its concerns.

The European Commission’s power is significantly greater when rules are adopted through comitology. Under the standard co-decision process, the European Parliament and Council adopt their own versions of EC proposals and an agreed text is then negotiated. With comitology, the Parliament and Council have less opportunity and time to raise objections and by extension, stakeholders have less time to address these institutions to raise objections. For stakeholders, comitology is the point where the EU machinery turns opaque to follow. While the Commission must be empowered by law to regulate by delegated act and implementing act, it is difficult to spot when these powers are being used, when acts are prepared, when to consult drafts and at what stage to make proposals or raise objections.

bxl-law can help you to identify – at the early and crucial stage of the preparation of delegated acts and implementing acts – the key people in the Commission who would hear your message, and bxl-law can help you put across your views as strongly as possible. We understand the procedures involved and can guide you through the rulemaking process, which can be difficult to understand, and guide you on making your interventions in the process at the right time and in the right place.