A4-0176/95

Proposal for a European Parliament and Council Directive amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (COM(94)0600 - C4-0280/94 - 94/0327(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital -1 (new)

>Text following EP vote>

Whereas an agreement on a 'modus vivendi' between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was reached on 20 December 1994;

(Amendment 5)

Recital 6

>Original text>

Whereas, however, on grounds of consumer health protection, marketing authorization can be granted only after consultation of the Scientific Committee for Food;

>Text following EP vote>

Whereas, however, on the grounds of consumer and health protection, temporary marketing authorization can be granted only after consultation of the Scientific Committee for Food, and in accordance with the procedure laid down in Article 13 of Directive 89/398/EEC;

(Amendment 7)

ARTICLE -1 (new)

Recital -1 (new) (Directive 89/398/EEC)

>Text following EP vote>

Article -1

In Directive 89/398/EEC the following Recital -1 is added:

>Text following EP vote>

'Whereas an agreement on a 'modus vivendi¨ between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was reached on 20 December 1994",

(Amendment 6)

ARTICLE 1

Article 4(1a) (Directive 89/398/EEC)

>Original text>

1a. To enable foodstuffs intended for particular nutritional uses and resulting form scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the Scientific Committee for Food and the Member States represented within the Standing Committee for Foodstuffs, authorize for a two-year period the marketing of food which does not comply with the rules as to composition laid down by the specific directives referred to in Annex I. Where necessary, the Commission may include in the authorization decision labelling rules relating to the change in composition.

>Text following EP vote>

1a. To enable foodstuffs intended for particular nutritional uses and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the Scientific Committee for Food and the Member States represented within the Standing Committee for Foodstuffs, in accordance with the procedure laid down in Article 13, authorize for a two-year period the marketing of food which does not comply with the rules as to composition laid down by the specific directives referred to in Annex I. Where necessary, the Commission may include in the authorization decision labelling rules relating to the change in composition.

Legislative resolution embodying the opinion of the European Parliament on the proposal for a European Parliament and Council directive amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (COM(94)0600 - C4-0280/94 - 94/0327(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and the Council COM(94)0600 - 94/0327(COD) ((OJ C 389, 31.12.1994, p. 21.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0280/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0176/95),

1. Approves the Commission proposal subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.