COMMON POSITION (EC) No 18/97 adopted by the Council on 24 March 1997 with a view to adopting Directive 97/. . ./EC of the European Parliament and of the Council of . . . 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 (97/C 157/02)

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 (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),

Whereas the Scientific Committee for Food has re-examined all the extraction solvents listed in Directive 88/344/EEC (4), 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 as a result of scientific progress other substances have been developed 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 the amendments needed, in view of technical and scientific progress, 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 industry and the consumer,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 88/344/EEC is hereby amended as follows:

1. The following paragraph shall be added to Article 4:

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

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

2. The Annex shall be amended as follows:

(a) Part I

The substance 'butyl acetate` shall be deleted.

(b) Part II

The entry for hexane shall be amended as follows:

>TABLE>

(c) Part III

- The substance 'methyl-propanol-1` shall be deleted,

- The following substance shall be added:

>TABLE>

Article 2

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

- authorize trade in products, complying with Directive 88/344/EEC, as amended by this Directive, by . . . (5*) at the latest,

- ban trade in products not complying with Directive 88/344/EEC, as amended by this Directive, as from . . . (6**). However, products placed on the market or labelled before that date and not complying with Directive 88/344/EEC, as amended by this Directive, may be marketed until stocks are used up.

They shall forthwith inform the Commission thereof.

2. 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 reference shall be laid down by Member States.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at . . .

For the Parliament

The President

For the Council

The President

(1) OJ No C 278, 24. 9. 1996, p. 25.

(2) Opinion delivered on 27 November 1996 (OJ No C 66, 3. 3. 1997, p. 3).

(3) Opinion of the European Parliament of 23 October 1996 (OJ No C 347, 18. 11. 1996, p. 58), Council common position of 24 March 1997 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(4) OJ No L 157, 24. 6. 1988, p. 28. Directive as last amended by Directive of the European Parliament and of the Council 94/52/EC (OJ No L 331, 21. 12. 1994, p. 10).

(5*) 12 months after the adoption of this Directive.

(6**) 18 months after the adoption of the Directive.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 23 July 1996 the Commission submitted a proposal for a Directive (1) based on Article 100a of the EC Treaty concerning the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients.

2. The European Parliament and the Economic and Social Committee delivered their opinions on 23 October (2) and 27 November 1996 (3) respectively.

3. On 24 March 1997, the Council adopted a common position in accordance with Article 189b of the Treaty.

II. OBJECTIVE

In the light of the review conducted by the Scientific Committee for Food on all the extraction solvents included on the Community positive list and taking into account scientific and technical progress made since the list was drawn up, the Commission proposed to revise the list, removing two substances used hitherto, adding one new one and changing conditions of use and maximum residues in foodstuffs.

Furthermore, given that the procedure currently applicable to amendments to the Directive was considered to be rather cumbersome, and since the previous two amendments to the Directive had elicited no substantive objections from either the European Parliament or the Council, the Commission suggested that amendments should in future be decided within the framework of a Regulatory Committee.

III. ANALYSIS OF THE COMMON POSITION

1. Having broadly accepted the Commission's proposal, the Council shares the opinion of the European Parliament, which approved the proposal at first reading, that the amendments made to the current positive list and to the new procedure applicable in future concerning:

- new substances to be added to the positive list,

- conditions of use,

- maximum residue levels,

- deletion of substances already included on the positive list

are justified and appropriate.

2. However, the Council did amend the proposal with regard to implementation of the Directive. These amendments were accepted by the Commission.

Firstly, as regards the date for implementation of the Directive, given that the Member States are unable to meet the deadlines set in the Commission's proposal, the Council postponed by six months the dates from which the Member States must transpose the Directive into national law.

Furthermore, in line with the procedure followed when other directives on additives were adopted, the Council made provision for traders to go on marketing products which do not comply with this Directive until stocks are used up.

3. Having accepted in principle the Commission's proposal and having slightly amended the text, the Council considers that, overall, it has found a balanced and workable solution.

(1) OJ No C 278, 24. 9. 1996, p. 25.

(2) OJ No C 347, 18. 11. 1996, p. 58.

(3) OJ No C 66, 3. 3. 1997, p. 3.