This evening, 7 September, the Environment Committee backed the challenge by 51 votes to 11 against and 16 abstentions.
The Commission announced their intention of withdrawing the proposed measure if the vote went against them.
You can re-watch the exchange of views here.
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The memo not to poke the European Parliament when it comes to by-passing their comitology scrutiny privileges has not gone to DG SANTE.
DG SANTE has form on this. It happened in April (see here).
On Monday 7 September the Environment Committee will vote on a cross Party challenge “on the draft Commission regulation amending the Annex to Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards specifications for titanium dioxide (E 171)”.
If successful in the Environment Committee, it goes to the full Parliament the week after.
The Environment Committee Chair, Pascal Canfin, wrote to Commissioner Kyriakides on 23 July to withdraw and re-submit the measure. As the measure was sent during the summer recess, it prevents the EP from scrutinising the measure and bringing a challenge in time.