COMMON POSITION (EC) No 54/96 adopted by the Council on 25 June 1996 with a view to adopting Directive 96/. . ./EC of the European Parliament and of the Council, of . . ., amending Directive 95/2/EC on food additives other than colours and sweeteners (96/C 315/03)

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 Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption (1), and in particular Article 3 (2) thereof,

Having regard to the proposal from the Commission (2),

Having regard to the opinion of the Economic and Social Committee (3),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),

Whereas processed Eucheuma seaweed constitutes a new food additive for which the technological need for use in foodstuffs is demonstrated;

Whereas it is necessary to adapt the list of permitted food additives contained in European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (5) in order to permit the use of this additive;

Whereas the Scientific Committee for Food has been consulted;

Whereas purity criteria will be adopted in accordance with the procedure laid down in Article 11 of Directive 89/107/EEC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The following food additive is hereby inserted after E No 407 in the table in Annex I to Directive 95/2/EC:

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Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 25 September 1996 in order to allow trade in, and use of, products conforming to this Directive.

They shall forthwith inform the Commission thereof.

When these measures are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Article 3

This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament The President For the Council The President

(1) OJ No L 40, 11. 2. 1989, p. 27. Directive as last amended by Directive 94/34/EC (OJ No L 237, 10. 9. 1994, p. 1).

(2) OJ No C 163, 29. 6. 1995, p. 12.

(3) OJ No C 18, 22. 1. 1996, p. 20.

(4) Opinion of the European Parliament of 28 March 1996 (OJ No C 117, 22. 4. 1996, p. 36), Council common position of 25 June 1996 (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(5) OJ No L 61, 18. 3. 1995, p. 1.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 18 May 1995, the Commission submitted a proposal for a Directive (1) based on Article 100a of the EC Treaty, on food additives other than colours and sweeteners.

2. The European Parliament and the Economic and Social Committee delivered their respective opinions on 28 March 1996 (2) and 25 October 1995 (3).

3. In the light of the opinion of the European Parliament, the Commission submitted an amended proposal on 21 May 1996 (4).

4. The Council adopted its common position in accordance with Article 189b of the Treaty on 25 June 1996.

II. OBJECTIVE

The objective of the proposal is to add the name 'processed Eucheuma seaweed`, reference No E 407 a, to the list of authorized food additives.

III. ANALYSIS OF THE COMMON POSITION

1. The European Parliament suggested an amendment containing the following points:

- an additive is hereby authorized under the name of 'processed Eucheuma seaweed`,

- the reference number for this additive is E 408,

- the additive in question is not authorized in food products intended for children under 18 months old.

The common position takes into account the European Parliament's wishes regarding two of these three points and is in line with the Commission's amended proposal.

2. With regard to the name of the additive (amendment 1), the name adopted by the Council was 'processed Eucheuma seaweed`, as suggested by the European Parliament and also chosen by the Codex Alimentarius (this part of the amendment was accepted by the Commission in the amended proposal).

3. While mindful of the Codex alimentarius regulations, the Council nevertheless opted for the reference number E 407 a and was thus unable to adopt that part of amendment 1 which was concerned with that number (and was also not accepted by the Commission).

4. The Council agreed in principle that the additive should not be authorized in food products intended for children under 18 months old (amendment 1). However, it did not incorporate the amendment in its common position since the additive name 'processed Eucheuma seaweed` was not included in the positive list containing the food additives authorized in food for that age category (Annex VI to Directive 95/2/EC). The Commission was also unable to accept this part of amendment 1.

5. Having accepted that part of the European Parliament's amendment 1 with the name of the additive and having agreed to the principle in respect of another part referring to the protection of children under 18 months old, the Council considers that overall it has struck the right balance between the differing initial positions.

(1) OJ No C 163, 29. 6. 1995, p. 12.

(2) OJ No C 117, 22. 4. 1996, p. 36.

(3) OJ No C 18, 22. 1. 1996, p. 20.

(4) OJ No C 208, 19. 7. 1996, p. 15.