COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 289 final - SYN 422 
Brussels, 22 June 1993 
Amended proposal for a 
COUNCIL DIRECTIVE 
amending Directive 89/107/EEC on the approximation of the laws of Member 
States concerning food additives intended for human consumption 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
Explanatory Memorandum 
In response to the opinion of the European Parliament' delivered on 26 May 1993 
on the proposal for a Council Directive amending Directive 89/107/EEC on the 
approximation of the laws of Member States concerning food additives intended for 
human consumption2.and in accordance with the third paragraph of Article 149 of 
the Treaty establishing the European Economic Community, the Commission has 
decided to amend the above mentioned proposal. 
The Commission has accepted the following amendments: 
- changes to the recitals concerning the derogation for traditional products, 
including the date of existence of national law 
- deletion of the Comitology procedure and acceptance of the Article 100A 
procedure for establishment of the criteria for the definition of traditional 
foodstuffs and the adoption of the list of such foodstuffs. The Commission 
accepted this amendment as a compromise permitting the European Parliament 
to be fully involved in the process of granting derogations for traditional 
foodstuffs. 
- change of the date of the implementation of the directive by Member States to 
1.1.94 instead of 1.6.93 . 
In accordance with the objectives of the Single Market, the Commission has 
proposed the principle that foodstuffs which comply with the rules laid down in the 
additives directives may be manufactured and marketed throughout the Community, 
provided that they are not described as traditional foodstuffs in the Member States 
concerned. 
In addition, the Commission has completed the amendments of Parliament by 
including defined timelimits for the adoption of the derogations for traditional 
foods. 
However, the Commission has rejected an amendment concerning the introduction 
of a new category of food additives in Annex I because it is outside the scope of the 
proposal. 
O.J. C 206, 13.8.92, p 1 
-3 -
Amended proposal for a 
rtnilNf!IL DIRECTIVE 
amending Directive 89/107/EEC on the approximation of the laws of Member 
States concerning food additives intended for human consumption 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Economic Community, and 
in particular Article 100 A. thereof, 
Having regard to the proposal from the Commission3, 
In cooperation with the European Parliament4, 
Having regard to the opinion of the Economic and Social Committee,5 
Whereas rules for harmonisation in the field of additives should not affect the 
application of II.IIKUMI junvisioiis <»( Maul» i M.i|< >, cxiMinj' IHI I J.iim.uy |W2 
vvlik li ptoliiml (lie iisr oj certain additives In <-rrt;iiti s|ie<.iflc pruriticis considered as 
traditional produced on their territory, 
Whereas these products could be distinguished by an appropriate labelling, 
Whereas the free circulation of foodstuffs conforming with directives concerning 
additives should not be affected, 
Whereas the freedom of establishment, the production and sale on the territory of 
each Member State of foodstuffs conforming with Directives concerning additives 
should not be affected, 
3 OJ. C 206, 13.8.92, p 1 
4 
5 OJ C73 15.3.93 p.4 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The following Article 3a is added to Directive 89/107/EEC: 
"Article 3a 
1. By way of derogation from Article 3(2)(a) and (b), the Council shall, acting on a 
proposal from the Commission under the procedure laid down in Article 100a of 
the Treaty, allow Member States to continue to prohibit the use of certain 
additives in the production of those foodstuffs considered as traditional provided: 
that this prohibition existed on 1 January 1992 
that the Member States concerned permit on their territory the production 
and sale of all foodstuffs conforming with the rules provided for in Article 3 
and that such foodstuffs are not described as traditional on their territory; 
2. Before 1 July 1994, Member States shall communicate to the Commission the list 
of foodstuffs which they consider as traditional, giving their reasons in detail, 
together with the relevant legislative provisions prohibiting the use of certain 
additives in such foodstuffs. 
Before 1 April 1995, the Commission shall submit a proposal to the Council on 
the criteria to be applied for defining a product as traditional and on the national 
prohibitions which may be maintained in conformity with these criteria. 
The Council shall act on the proposal before 1 April 1996. 
3. Until 1 April 1996, Member States may maintain any prohibitions which have 
been communicated to the Commission in conformity with paragraph 2 
subparagraph 1, provided that they comply with the general conditions laid down 
in paragraph 1." 
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Article 2 
Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this directive not later than 1 January 1994 
They shall forthwith inform the Commission thereof. 
When Member States adopt these measures, 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 a reference shall be laid down by the 
Member States. 
Article 3 
This Directive is addressed to Member States*. 
Done at 
For the Council •?? 
- '€ - ; 
ISSN 0254-1475 
COM(93) 289 final 
DOCUMENTS 
EN 0610 
Catalogue number : CB-CO-93-323-EN-C 
ISBN 92-77-56986-7 
Office for Official Publications of the European Comrmuoities 
L-2985 Luxembourg