COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 10 06 1996 
COM(96) 270 final - COD 478 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EC) 
laying down a Community procedure for flavouring substances 
used or intended for use in foodstuffs. 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

On 22 May 1996 the European Parliament adopted 2 amendments to the common 
position adopted by the Council on 22 December 1995 in respect of the Commission 
proposal for a Regulation of the European Parliament and the Council laying down a 
Community procedure for flavouring substances used or intended for use in foodstuffs1. 
In accordance with paragraph 2 (d) of Article 189b of the EC Treaty, the Commission is 
able to give a favourable opinion on the 2 amendments adopted by Parliament for the 
following reasons: 
the Commission can accept the addition of a recital on the re-evaluation by the 
Scientific Committee for Food of already authorised flavounng substances, 
produced by different methods. This principle is already applied in the directive on 
purity criteria for food additives recently adopted by the Commission. 
the Commission can accept the amendment concerning the designation of substances 
in the positive list. The Commission agrees that intellectual property shall be 
protected. It will however be necessary to elaborate an appropriate and transparent 
procedure which at the same time protects intellectual properties and the interests of 
the consumer. 
1 COM (93) 609 final; COD 478; OJ.N°C 1„ 4.1.1994. COM (94) 236 final; O.J. N° C 171. 24.6.1994, p. I 1 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EC) 
laying down a Community procedure for flavouring substances 
used or intended for use in foodstuffs. 
(presented by the Commission pursuant to Article 189 A (2) of the EC Treaty) 
-3-
Current Proposal Amended Proposal 
Recital 9 
Whereas this list must be open-ended and Whereas this list must be open-ended and 
capable of being amended in the light of capable of being amended in the light of 
scientific and technical developements scientific and technical developements. 
Whereas already authorised flavouring 
substances, which are to be produced in 
processes or with primary substances 
which were not the basis for the Scientific 
Committee for Food's assessment, shall be 
resubmitted to the Scientific Committe for 
Food for a complete assessment. 
Article 3(2) 
On the basis of the notification provided 
for in paragraph 1, and following 
Commission scrutiny of the notification, 
in the light of subparagraph (c), flavouring 
substances, the legal use of which in one 
Member State must be recognized by the 
other Member States shall be entered in a 
register which shall be adopted in 
accordance with the procedure laid down 
in Article 7 within a year of the end of the 
notification period provided for in 
paragraph 1. If necessary, this register 
may comprise conditions of use. On the basis of the notification provided 
for in paragraph 1, and following 
Commission scrutiny of the notification, 
in the light of subparagraph (c), flavouring 
substances, the legal use of which in one 
Member State must be recognized by the 
other Member States shall be entered in a 
register which shall be adopted in 
accordance with the procedure laid down 
in Article 7 within a year of the end of the 
notification period provided for in 
paragraph 1. If necessary, this register 
may comprise conditions of use. 
Flavouring substances shall be designated 
in such a way as to protect the intellectual 
property rights of the flavouring 
substances' producer. 
ISSN 0254-1475 
COM(96) 270 final 
DOCUMENTS 
EN m 
Catalogue number : CB-CO-96-280-EN-C 
ISBN 92-78-05358-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg