Proposal for a European Parliament and Council Directive amending for the third time Directive 88/344/EEC on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (96/C 278/08) (Text with EEA relevance) COM(96) 375 final - 96/0195(COD)

(Submitted by the Commission on 23 July 1996)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure set out in Article 189b of the Treaty,

Whereas the Scientific Committee for Food has reexamined all the extraction solvents listed in the Directive with a view to replacing the provisional acceptable daily intakes (ADIs) set in 1981 by definitive figures; whereas this has not always been possible because the information needed, although requested from the industry, has not been communicated; whereas, with the information received, the Scientific Committee for Food has been able to confirm its agreement for the majority of the solvents; whereas the maximum residues of the solvents in certain foodstuffs can be reduced;

Whereas some solvents are no longer used and should thus be taken off the list;

Whereas scientific progress has made for other substances which can be added to the Directive;

Whereas a new solvent which has received a favourable opinion from the Scientific Committee should be authorized;

Whereas, in view of technical and scientific progress, the amendments needed amount to measures of a technical nature; whereas to simplify and accelerate the procedure adoption of these measures should be entrusted to the Commission;

Whereas a procedure of this kind makes for quicker placing on the market of innovations, which is to the benefit of both the industry and the consumer,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 88/344/EEC (1) is hereby amended as follows:

1. The following new paragraph (a) is added to Article 4:

'(a) In view of the scientific and technical progress in the field of solvents, their conditions of use and maximum residue limits the requisite amendments to the Annex;`

The old paragraphs (a), (b) and (c) become paragraphs (b), (c) and (d) respectively.

2. The Annex to the Directive is amended as follows:

(a) Part I:

The substance butyl acetate is deleted.

(b) Part II:

The entry for hexane is amended as follows:

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The two footnotes remain unchanged.

(c) Part III:

- The substance methyl-propanol-1 is deleted,

- The following substance is added:

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Article 2

1. The Member States shall amend their laws, regulations and administrative provisions so as to:

- authorize trade in products complying with this Directive by 1 July 1997 at the latest, and

- ban trade in products not complying with this Directive as from 1 January 1998.

They shall forthwith inform the Commission thereof.

2. Where the Member States adopt these provisions the latter shall contain a reference to this Directive or be accompanied by such a reference on official publication. How this reference is made shall be determined by the Member States.

Article 3

This Directive shall enter into force on the twenty-first day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 157, 24. 6. 1988, p. 28.