OPINION OF THE COMMISSION pursuant to Article 189 b(2) (d) of the EC Treaty, on the European Parliament' s amendments to the Council' s common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 13. 06. 1996 COM(96) 276 final 94/0235 (COD) OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty OPINION OF THE COMMISSION The Commission presented on October 1994 a proposal for a European Parliament and Council Directive (EC) amending Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters1. This proposal updates certain provisions of the existing directive on natural mineral waters of 19802. The proposal has followed the codecision procedure established in Article 189b of the EC Treaty. On 22 May 1996 the European Parliament delivered its opinion on the Council's Common Position3 on this proposal. The European Parliament has proposed in its opinion two amendments. In accordance with Article 189b of the EC Treaty, the Commission delivers the following opinion on these two amendments. On 30 January 1996, the Commission had expressed its agreement with the Council's Common Position (Communication from the Commission to the European Parliament, SEC(96) 172 final). The Commission is willing to accept amendment number 1. The Commission would prefer however to locate the contents of this amendment in the article of the directive where the definitions and all the requirements for spring waters are grouped together. With the wording of the amendment, this would be the first time the term "spring waters" would appear in the Directive (in Article 4) while the definition and all the other requirements would appear later on, in Article 9. The Commission attaches a lot of importance to the clarity of the legal texts of the EU. As regards amendment number 2, although the Commission considers that it does not represent a substantial change, it is prepared to accept it in a spirit of compromise. 1 2 3 COM(94) 423 final, 235 (COD). O. J. C 314, 11/11/1994, p. 4 O. J. L 229, 30/8/1980, p. 1 O. J. C 59, 28/2/96, p. 44 Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters Council's Common Position Amended proposal Article 1, paragraph 2 (Article 4, paragraph 4) "4. Paragraph 1 shall not constitute a bar to the "4. Paragraph 1 shall not constitute a bar to the utilization of natural mineral waters and spring waters in the manufacture of soft drinks. " utilization of natural mineral water manufacture of soft drinks. " in the Article I, paragraph 5 (Article 9, paragraph 4a, first indent) satisfies the conditions of exploitation laid down in Annex II, paragraphs 2 and 3, satisfies the conditions of exploitation laid down in Annex II, paragraphs 2 and 3, which will be fully applicable to spring waters, ISSN 0254-1475 COM(96) 276 final DOCUMENTS EN 06 10 Catalogue number : CB-CO-96-284-EN-C ISBN 92-78-05501-8 Office for Official Publications of the European Communities L-2985 Luxembourg