I -it £ 
| -fr it 
I it it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.12.1995 
COM(95) 586 final 
94/0327 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending Directive 89/398/EEC on the approximation of the laws of Member States relating to 
foodstuffs intended for particular nutritional uses 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

Explanatory memorandum 
In response lo the opinion of the European Parliament1 delivered on I I October 1995 on 
the proposal for a European Parliament and Council Directive amending Directive 
S9/19X/1TX" on the approximation of the laws of Member Slates relating to foodstuffs 
intended for particular nutritional uses2 which aimed to lay down a rapid procedure for a 
temporary authorisation of compositional rules resulting from scientific and technological 
innovation, and in accordance with article 189A of the EC1 Treaty, the Commission has 
decided to amend the above mentioned proposal. 
The Commission has accepted the amendments relating to : 
- the introduction of a new recital referring to the agreement on a "modus vivendi" 
between the European Parliament, the Council and the Commission (amendments I 
and 7). 
The Commission did not accept the amendments concerning : 
- the introduction in the 6th recital (amendment 5) and in article 1 (amendment 6) of the 
Standing Committee procedure laid down in article 13 of Directive 89/398/EEC for the 
granting of the temporary authorisation because this would empty the Commission's 
proposal of its substance. 
I lowever, in keeping with the spirit of Parliament's amendments I and 7, the Commission 
has amended its original proposal in order to incorporate an express reference to a 
consultative committee type procedure (procedure I laid down by Council Decision 
87/373/EEQ3. 
'O.J 
2 O.J. N°C389 31.12.94, p. 21 
H).J. N°L 197, 18.7.1987, p. 33 
Z 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending Directive 89/398/EEC on the approximation of the laws of Member States relating to 
foodstuffs intended for particular nutritituval uses 
3 
In response to the opinion of the European Parliament4 delivered on 11 October 1995 on 
the proposal for a European Parliament and Council Directive amending Directive 
89/ 39X/EEC on the approximation of the laws o\' the Member Slates relating to 
loodslulls intended lor particular nutritional uses' and in accordance with Article I 89A oi 
the EC Treaty, the Commission has decided to amend the above proposal as follows : 
Original proposal Amended proposal 
The following new first recital is added : 
Whereas an agreement on a 'modus 
vivendi' between the European 
Parliament, the Council and the 
Commission concerning the 
implementing measures for acts adopted 
(ll_açcor(,lancc with the procedure laid 
down in Article I X9b of the EC Treaty 
was reached on 20 December 1994. 
Article 1 
1. In article 4 of Directive 89/398/EEC. 
the following paragraph la is added 
"la. 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. Directive 89/398/EEC is amended as 
follows : 
1. In article 4 of Directive 89/398/EEC, 
the following paragraph la is added 
"la. 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 m 
accordance with the procedure laid 
down in Article 13a. 
o. 
5O.J. N° C389, 31.12.94, p. 21 
* 
authorise for a two-y«ar period the 
marketing of food which does not comply 
with the nates as to composition laid 
down by the specific directives refetred 
to in Annex 1. Where necessary, the 
Commission may include in the 
authorisation decision labelling rules 
relating to the charge in composition." authorise 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 1. Where necessary, the 
Commission may include in the 
authorisation decision labelling rules 
relating to the charge in composition." 
2. The following Article 13a is inserted 
Article 13 a 
"Where the procedure laid down in this 
Article is to be followed, the chairman 
shall refer the matter to the Standing 
Committee for Foodstuffs, hereinafter 
referred to as 'the Committee', either on 
his own initiative or at the request of the 
representative of a Member State. 
ITie representative of the Commission 
shall suhmit to the committee a draft ol 
the measures to be taken, within a time-
limit which the chairman may lay down 
according to the urgency of the matter, if 
necessary by taking a vote. 
The opinion shall be recorded in the 
minutes: in addition, each Member States 
shall have the right to ask to have its 
position recorded in the minutes. 
The Commission shall take the utmost 
account of the opinion delivered by the 
Committee. J_t_ shall inform the 
Committee of the manner in which ils 
opinion has been taken into account." 
S 

ISSN 0254-1475 
COM(95) 586 final 
DOCUMENTS 
EN 06 10 
Catalogue number : CB-CO-95-620-EN-C 
ISBN 92-77-96401-4 
Office for Official Publications of the European Cornrniinities 
L-2985 Luxembourg 
G