12. 6. 87 Official Journal of the European Communities No C 154/11 
— (indents 1 to 9 of the proposal unchanged), 
— (tenth indent) edible ices put up in individual 
portions for immediate consumption after sale, 
— (eleventh indent of the proposal unchanged).' 
5. Insert the following paragraph 14a (new) in Article 1: 
'14a. Insert the following Article 9a: 
Article 9a 
1. In the case of foodstuffs which, from the 
microbiological point of view, are highly 
perishable, and whose durability does not exceed 
seven days, the date of minimum durability shall 
be replaced by the date of last consumption. 
2. The date shall be precedeed by the words 
"use before ...". 
These words shall be accompanied by: 
— either the date itself, or — a reference to where the date is given on the 
labelling. 
These particulars shall be followed by a 
description of the storage conditions which must 
be observed. 
The date shall consist of the day, month and on a 
voluntary basis, the year, in that order and in 
uncodedform.' 
6. Article 1 (16) is replaced by the following: 
'16. Article 11 (1) (b) is replaced by the following: 
(b) Notwithstanding point (a) and without 
prejudice to Community provisions on 
nominal quantities, the particulars required 
under Articles 3 and 4 (2) need appear only 
on the commercial documents referring to 
the foodstuffs when the latter are 
prepackaged and marketed at a stage prior to 
their sale to the ultimate consumer, if it can 
be guaranteed that these documents, together 
with the labelling information, accompany the 
foodstuffs to which they refer;'. 
Amended proposal for a Council Directive on the approximation of the laws of the Member 
States concerning food additives authorized for use in foodstuffs intended for human 
consumption 
COM(87) 243 final 
(Submitted by the Commission to the Council on 26 May 1987 pursuant to the second paragraph of 
Article 149 of the EEC Treaty) 
(87/C 154/09) 
In response to the opinion delivered by the European 
Parliament on the proposal for a Directive sent by the 
Commission to the Council on the approximation of the 
laws of the Member States concerning food additives 
authorized for use in foodstuffs intended for human 
consumption ('), and in accordance with the second 
paragraph of Article 149 of the Treaty establishing the 
European Economic Community, the Commission has 
decided to amend the aforementioned proposal as 
follows: 
1. The third, fourth and fifth recitals are replaced by 
the following: 
'Whereas these requirements should be included in a 
comprehensive Directive, where necessary drawn up 
in stages; 
Whereas the drawing up of lists of categories of 
food additives to be covered by this Directive is a 
matter to be decided by the Council under the 
procedure described by Article 100 of the Treaty; Whereas the use of food additives belonging to such 
categories should be authorized only on the basis of 
agreed scientific and technological criteria laid down by 
the Council; 
Whereas in drawing up lists of additives and their 
conditions of use the Scientific Committee for food, set 
up by Commission Decision 74/234/EEC should be 
consulted before the adoption of provisions likely to 
have an incidence in respect of public health;'. 
2. Article 1 is amended as follows: 
Paragraph 4 is deleted. 
(This modification applies to the German version 
only). 
3. Article 2 (1) is replaced by the following: 
(') OJ No C 116, 16. 5. 1986, p. 2. 'In respect of any category of food additive listed in 
Annex I for which lists have been drawn up, 
No C 154/12 Official Journal of the European Communities 12.6.87 
pursuant to Article 3 (3) (a), only those food 
additives included in such lists may be used in the 
manufacture or preparation of foodstuffs and only 
under the conditions of use specified therein.' 
4. Article 2 (3) is replaced by the following: 
'Food additives may only be included in a list on the 
basis of the criteria on safety and technological need 
described in Annex II. Restrictions may be imposed on 
any additive not only in respect of type, foodstuff and 
quantity but also in respect of technological purpose.' 
5. Article 3 (1) is replaced by the following: 
'Particular provisions in respect of each additive shall 
be laid down in a comprehensive Directive. However, 
this Directive may be drawn up in stages.' 
6. Article 3 (2) is amended as follows: 
'This comprehensive Directive, including existing 
specific Directives on particular categories of 
additives shall be adopted according to the 
procedure laid down in Article 9.' 
7. Article 3 (3) is amended as follows: 
'The comprehensive Directive shall include : 
(a) the list of substances, the use of which is auth­
orized to the exclusion of all others of the same 
kind, pursuant to Article 1, paragraph 2; 
Subparagraphs (b) to (f) are unchanged. 
(g) where necessary, the purpose may be restricted.' 
8. Article 4 (1) is amended as follows: 
'Where a Member State, as a result of new infor­
mation or of a reassessment of existing information 
made since this Directive, or comprehensive 
Directive drawn up under Article 3, was adopted has 
detailed grounds for establishing that the addition to 
food of one of the substances listed in one of the 
categories in Annex I or the maximum level of one 
or more of the components defined in the criteria of 
purity referred to in Article 3, although it complies with the provisions of this Directive or any list 
drawn up under Article 3, endangers human health, 
that Member State may temporarily suspend or 
restrict application of the provisions in question in its 
territory. It shall immediatly inform the other 
Member States and the Commission thereof and give 
reasons for its decision.' 
9. Article 4 (3) is amended as follows: 
'If the Commission considers that amendments to 
this Directive, the existing specific Directives, or the 
comprehensive Directive drawn up under Article 3, 
are necessary in order to resolve the difficulties 
mentioned in paragraph 1 and to ensure the 
protection of human health, it shall initiate the 
procedure laid down in Article 9, with a view to 
adopting those amendments; the Member State 
which has adopted safeguard measures may in that 
event retain them until the amendments have been 
adopted.' 
10. Article 5 (1) is amended as follows: 
Paragraph (d) is replaced by: 
'(d) instructions for use.' 
11. Article 6 is amended as follows: 
Paragraph (d) is replaced by: 
'(d) any other information provided for in the 
comprehensive Directive referred to in Article 3.' 
12. Article 10 is replaced by: 
'2. Member States may not prohibit, restrict or 
obstruct the marketing of food additives, food or 
food ingredients on grounds relating to food 
additives, if these comply with the provisions of this 
Directive, the existing specific Directives and the 
comprehensive Directive to be adopted. 
3. Paragraph 2 shall not affect national provisions 
applicable in the absence of the Directive drawn up 
pursuant to Article 3 (3).' 
13. Article 12 is deleted.