COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(90) 408 final 
Brussels, 2 0ctober1990 
Proposal for a 
COUNCIL DIRECTIVE 
completing Directive 88/388/EEC on the approximation of the 
laws of the Member States relating to flavourings for use 
In foodstuffs and to source materials for their production 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
Council Directive 88/388/EEC on flavourings provides for provisions on the 
labelling of flavourings intended for sale to the final consumer to be 
adopted by the Standing Committee for Foodstuffs in conformity with the 
procedure laid down in Article 10. 
In accordance with the above procedure, this text was submitted to the 
Standing Committee for Foodstuffs on 19 July 1990 which was unable to give 
an op In ion. 
Article 9 of the Directive concerning the labelling of flavourings not 
intended for sale to the final consumer served as a basis for this draft. 
This proposal is also modelled on Directive 79/112/EEC on foodstuffs 
labelling and Directive 89/107/EEC on additives. 
e 
CounciI Direct Ive 
of 
completing Directive 88/388/EEC on the approximation 
of the laws of the Member States relating to 
flavourings for use In foodstuffs 
and to source materials for their production. 
THE COUNCIL Of THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Directive 88/388/EEC of 22 June 1988 on the 
approximation of the laws of the Member States relating to flavourings for 
use in foodstuffs and to source materials for their production (1), and in 
particular Article 6(4) thereof, 
Having regard to the proposal from the Commission, 
Whereas differences between the laws, regulations and administrative 
provisions of Member States on the labelling of flavourings intended for 
sale to the final consumer may Impede the free circulation of these 
products and lead to unequal conditions of competition; 
Whereas the main objective of any provisions on the labelling of 
flavourings should be the need to inform and protect the consumer; 
Whereas in accordance with the procedure of article 10 of Council Directive 
88/388/EEC, this text was submitted to the Standing Committee for 
Foodstuffs which was unable to express an opinion and, whereas under the 
same procedure, the Commission shall submit to the Council a proposal 
relating to the measures to be taken. 
HAS ADOPTED THIS DIRECTIVE : 
Article 1 
The following Article shall be added : 
"ArtIcle 9a 
1. Flavourings intended for sale to the final consumer may not be 
marketed unless their labels indicate the following obligatory 
information, which should be easily visible, clearly legible and 
indel lb le : 
(a) either the word "flavouring" or a more specific name description of 
the flavouring; 
(b) either the words "for foodstuffs" or a more specific reference to the 
foodstuff for which the flavouring is intended; 
(c) the date of minimum durability in conformity with Article 3(1) No 4 
and Article 9 of Directive 79/112/EEC; 
(1) 0J No L 184, 15.7.1988, p. 61. 
3 
(d) where necessary, the special conditions for storage and use; 
(e) the instructions for use, the omission of which would prevent 
appropriate use to be made of the flavouring; 
(f) the net quantity expressed in units of mass or volume; 
(g) the name or business name and address of the manufacturer or packer, 
or of a seller established within the Community; 
ih) an Indication or mark identifying the batch in conformity with 
Directive 89/396/EEC; 
(i) in the case of a mixture of flavouring(s) with other substances a list 
in descending order of weight in the mixture of : 
the flavouring or flavourings in question, in conformity with (a) 
above; 
the names of each of the other substances or materials or, where 
appropriate, their "EEC" numbers. 
2. The word "natural", or any other word having substantially the same 
meaning, may be used only for flavourings in which the flavouring 
component contains exclusively flavouring substances as defined in 
Article 1 (2)(b)(i) and/or flavouring preparations as defined in 
Article 1 (2)(c). If the sales description of the flavouring contains 
a reference to a foodstuff or a flavouring source, the word "natural" 
or any other word having substantially the same meaning, may not be 
used unless the flavouring component has been isolated by appropriate 
physical processes, enzymatic or microbiological processes or 
traditional food-preparation processes solely or almost solely from 
the foodstuff or the flavouring source concerned. 
3. The particulars required in this Article shall be given in a language 
easily understood by the purchaser unless other measures have been 
taken to ensure that the purchaser is informed. This provision shall 
not prevent such particulars from being indicated in various 
languages." 
Article 2 
Member States shall, where necessary, amend their laws, regulations and 
administrative provisions in such a way as to : 
- permit trade in products complying with this Directive at the latest 
by 30 June 1992; 
- prohibit trade in products not complying with this Directive with effect 
from 1 January 1994. 
They shall forthwith inform the Commission thereof. 
Article 3 
This Directive is addressed to the Member States. 
Done at 199. . . 
Ficha d'impact de certains actes législatifs 
mir les PME et l'emploi 
Proposition de Dfrective du Conseil modifiant la directive 88/388/CEE 
relative au rapporochement des législations des Etats membres dans ie . . 
domaine des arômes destinés à être employés dans lés denrées alimentai res 
et les iRatérlaux de fcase.pour leur production. 

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COM(90) 408 final 
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