COMMON POSITION (EC) No 16/94 adopted by the Council on 10 March 1994 with a view to adopting European Parliament and Council Directive 94/. . ./EC of . . . on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients amending for the second time Directive 88/344/EEC (94/C 172/01)

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 referred to in Article 189b of the Treaty,

Whereas Directive 88/344/EEC (3), deleted from Part III of the Annex, as from 1 January 1994 the solvent Cyclohexane, used in the preparation of flavourings;

Whereas, on the basis of complementary information meanwhile received, the Scientific Committee for Food has decided to re-instate its previous temporary acceptance for this substance; whereas the use of the solvent can therefore be continued, pending the definitive opinion of that Committee,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Directive 88/344/EEC is hereby amended as follows:

in Part III, the solvent Cyclohexane shall be re-instated with a maximum residue limit of 1 mg/kg.

Article 2

1. Member States shall amend their laws, regulations and administrative provisions in such a way as to permit trade in products complying with this Directive at the latest by [. . .] (4).

They shall forthwith inform the Commission thereof.

2. When Member States adopt the measures referred to in pararaph 1, 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 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 C 15, 18. 1. 1994, p. 17.

(2) Opinion delivered on 23 February 1994 (not yet published in the Official Journal).

(3) OJ No L 157, 24. 6. 1988, p. 28. Directive as amended by Directive 92/115/EEC, (OJ No L 409, 31. 12. 1992, p. 31.).

(4) Twelve months after the date of entry into force of the Directive.

STATEMENT OF THE COUNCIL'S REASONS

1. On 14 December 1993 the Commission submitted to the Council a proposal, based on Article 100a of the Treaty, relating to the above subject (1).

2. The European Parliament approved the proposal without amendment on 9 February 1994. The Economic and Social Committee delivered its opinion on 23 February 1994.

3. The Council adopted its common position on the proposal on 10 March 1994. The text adopted by the Council, following the usual finalzation by the legal/linguistic experts, corresponds in substance to the Commission proposal as approved by the European Parliament.

(1) OJ No C 15, 18. 1. 1994, p. 17.