COMMON POSITION (EC) No 46/97 adopted by the Council on 27 October 1997 with a view to adopting Directive 97/. . ./EC of the European Parliament and of the Council of . . . on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionizing radiation (97/C 389/02)

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 proposals 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),

(1) Whereas differences between national laws relating to the treatment of foodstuffs by ionizing radiation and its conditions of use hinder the free movement of foodstuffs and may create conditions of unequal competition, thereby directly affecting the operation of the internal market;

(2) Whereas it is necessary to adopt measures aimed at the smooth operation of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas this is not the case at present because of the differences in treatment in the Member States, irradiation of foodstuffs being allowed in some and banned in others;

(3) Whereas this framework Directive will be completed by Directive 97/. . ./EC of the European Parliament and of the Council of . . . on the establishment of a Community list of foods and food ingredients treated with ionizing radiation (4), hereinafter referred to as the 'implementing Directive`;

(4) Whereas in several Member States foodstuff irradiation constitutes a sensitive issue in public debate, and whereas consumers can be very concerned about the consequences of the use of food irradiation;

(5) Whereas until the entry into force of the final positive list of foodstuffs which may be treated with ionizing radiation, it is appropriate that Member States may, in compliance with the rules of the Treaty, continue to apply existing national restrictions or bans on ionizing radiation of foodstuffs and on trade in irradiated foodstuffs which are not included in the initial positive list established by the implementing Directive;

(6) Whereas rules relating to the use of ionizing radiation for the treatment of foodstuffs should take account primarily of human health requirements but also, within the limits required for the protection of health, of economic and technical needs;

(7) Whereas Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (5) is applicable;

(8) Whereas approved irradiation units should be subject to an official control, through an inspection system to be created for the needs of this Directive;

(9) Whereas approved units should keep records to ensure that the rules of this Directive have been respected;

(10) Whereas Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (6) has already laid down rules concerning the labelling of irradiated foodstuffs for sale to the ultimate consumer;

(11) Whereas appropriate rules must also be laid down for the labelling of foodstuffs treated with ionizing radiation not intended for the ultimate consumer;

(12) Whereas the Scientific Committee for Food should be consulted before the adoption of provisions likely to have an incidence on public health, for example, the inclusion of new foodstuffs in the approved list, the authorized dosages or their modification;

(13) Whereas foodstuffs may only be treated by the action of ionizing radiation if there is a food hygiene need, or a demonstrable technological or other advantage, or benefit to the consumer and if they are wholesome and in a proper condition;

(14) Whereas the process should not be used as a substitute for good manufacturing practice, and whereas this condition is fulfilled for foodstuffs listed in the Annex to the implementing Directive;

(15) Whereas, in all cases where the Council empowers the Commission to implement rules relating to food irradiation, provision should be made for a procedure instituting close cooperation between Member States and the Commission within the Standing Committee for Foodstuffs, and, where necessary, the Standing Veterinary Committee or the Standing Committee on Plant Health;

(16) Whereas should the use of the process or of a foodstuff treated with ionizing radiation authorized on the basis of this Directive appear to constitute a health risk, Member States should be authorized to suspend or limit such use, or to reduce the limits, pending a decision at Community level;

(17) Whereas Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (7), and in particular Article 5 thereof, is applicable to the monitoring of the implementation of this Directive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive shall apply to the manufacture, marketing and importation of foods and food ingredients, hereinafter called 'foodstuffs`, treated with ionizing radiation.

2. This Directive shall not apply to:

(a) foodstuffs exposed to ionizing radiation generated by measuring or inspection devices, provided that the dose absorbed is not greater than 0,01 Gy for inspection devices which utilize neutrons and 0,5 Gy in other cases, at a maximum radiation energy level of 10 MeV in the case of X-rays, 14 MeV in the case of neutrons and 5 MeV in other cases;

(b) the irradiation of foodstuffs which are prepared for patients requiring sterile diets under medical supervision.

Article 2

Member States shall take all measures necessary to ensure that irradiated foodstuffs can be placed on the market only if they comply with the provisions of this Directive.

Article 3

1. The conditions which must be fulfilled for authorization of the treatment of foodstuffs with ionizing radiation are set out in Annex I. At the time of treatment such foodstuffs must be in a suitably wholesome state.

2. Irradiation may be carried out only by means of the sources listed in Annex II and in accordance with the requirements of the Code of Practice referred to in Article 7 (2). The overall average absorbed dose shall be calculated in accordance with Annex III.

Article 4

1. The list of foodstuffs which may be treated with ionizing radiation to the exclusion of all others and the maximum radiation doses authorized shall be defined in the implementing Directive, which shall be adopted in accordance with the procedure laid down in Article 100a of the Treaty taking account of the authorization conditions set out in Annex I.

2. This list shall be established in stages.

3. The Commission shall examine the national authorizations in force and, after consulting the Scientific Committee for Food, submit in accordance with Article 100a of the Treaty proposals aiming at establishing the list.

At the latest 31 December 2000, the Commission shall, in accordance with Article 100a of the Treaty, submit a proposal intended to complete the positive list provided for in paragraph 1.

4. Until entry into force of the Directive adopted on the basis of the proposal referred to in the second subparagraph of paragraph 3, Member States may maintain existing authorizations concerning the treatment of foodstuffs with ionizing radiation provided that:

(a) the treatment of the foodstuff concerned has been subject to a favourable opinion of the Scientific Committee for Food;

(b) the overall average absorbed radiation dose does not exceed the limit values recommended by the Scientific Committee for Food;

(c) ionizing radiation and placing on the market are effected in accordance with this Directive.

5. Until entry into force of the Directive adopted on the basis of the proposal referred to in the second subparagraph of paragraph 3, any Member State may also authorize the treatment of foodstuffs for which authorizations have been maintained by another Member State in accordance with paragraph 4, where the conditions referred to in paragraph 4 are fulfilled.

6. Member States shall forthwith notify the Commission and the other Member States of authorizations maintained under paragraph 4 or granted under paragraph 5 and of conditions attaching to them. The Commission shall publish these notifications in the Official Journal of the European Communities.

7. Until the entry into force of the Directive adopted on the basis of the proposal referred to in the second subparagraph of paragraph 3, Member States may, in compliance with the rules of the Treaty, continue to apply existing national restrictions or bans on ionizing radiation of foodstuffs and on trade in irradiated foodstuffs which are not included in the initial positive list established by the implementing Directive.

Article 5

1. The maximum radiation dose for foodstuffs may be given in partial doses; however, the maximum radiation dose fixed in accordance with Article 4 must not be exceeded. Irradiation treatment may not be used in combination with any chemical treatment having the same purpose as that treatment.

2. Exceptions to paragraph 1 may be decided on in accordance with the procedure laid down in Article 12.

Article 6

The labelling of foodstuffs treated with ionizing radiation shall be governed by the following provisions:

1. in the case of products intended for the ultimate consumer and mass caterers:

(a) if the products are sold as items, the words 'irradiated` or 'treated with ionizing radiation` shall appear on the label as provided for in Article 5 (3) of Directive 79/112/EEC.

In the case of products sold in bulk, these words shall appear together with the name of the product on a display or notice above or beside the container in which the products are placed;

(b) if an irradiated product is used as an ingredient, the same words shall accompany its designation in the list of ingredients.

In the case of products sold in bulk, these words shall appear together with the name of the product on a display or notice above or beside the container in which the products are placed;

(c) by way of derogation from Article 6 (7) of Directive 79/112/EEC, the same words shall be required in order to indicate the irradiated ingredients used in compound ingredients in foodstuffs, even if these constitute less than 25 % of the finished product;

2. in the case of products not intended for the ultimate consumer and mass caterers:

(a) the words provided for in the previous paragraph shall be used to indicate treatment of both the foods and the ingredients contained in a non-irradiated foodstuff;

(b) either the identity and address of the facility which carried out the irradiation or its reference number as provided for in Article 7 shall be indicated;

3. the indication of treatment shall in all cases be given on the documents which accompany or refer to irradiated foodstuffs.

Article 7

1. Member States shall inform the Commission of the competent authority or authorities responsible for:

- prior approval of irradiation facilities,

- the allocation of an official reference number for approved irradiation facilities,

- official control and inspection,

- withdrawal or modification of approval.

2. Approval shall be granted only if the facility:

- meets the requirements of the Joint FAO/WHO Codex Alimentarius Commission Recommended International Code of Practice for the operation of irradiation facilities used for the treatment of foods (reference FAO/WHO/CAC/VOL.XV edition 1), and any supplementary requirements which may be adopted in accordance with the procedure laid down in Article 12 of this Directive,

- designates a person responsible for compliance with all the conditions necessary for application of the process.

3. Each Member State shall forward to the Commission:

- the names, addresses and reference numbers of the irradiation facilities which it has approved, the text of the approval document, and any decision suspending or withdrawing approval.

Furthermore the Member States shall forward to the Commission every year:

- the results of checks carried out in the ionizing irradiation facilities, in particular regarding the categories and quantities of products treated and the doses administered,

- the results of checks carried out at the product marketing stage. The reference methods used to detect treatment with ionizing radiation shall, where available, be standardized methods.

4. On the basis of the data supplied in accordance with paragraph 3, the Commission shall publish in the Official Journal of the European Communities:

- the details of the facilities as well as any changes in their status,

- a report based on the information provided every year by the national supervisory authorities.

Article 8

1. Irradiation facilities approved in accordance with Article 7 must, for each source of ionizing radiation used, keep a record showing for each batch of foodstuffs treated:

(a) the nature and quantity of foodstuffs irradiated;

(b) the batch number;

(c) the person ordering the irradiation treatment;

(d) the recipient of the treated foodstuffs;

(e) the date of irradiation;

(f) the packaging materials used during treatment;

(g) the data for control of the irradiation process as provided for in Annex III, the dosimetric checks carried out and the results obtained, with details in particular of the limits, lower and upper, of the dose absorbed and the type of ionizing radiation;

(h) reference to the initial dose validation measurements;

2. The records referred to in paragraph 1 must be kept for a period of five years.

3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 12.

Article 9

1. A foodstuff treated with ionizing radiation may not be imported from a third country unless it:

- complies with the conditions which apply to those foodstuffs,

- is accompanied by documents showing the name and address of the facility which carried out the irradiation treatment and providing the information referred to in Article 8,

- was treated in an irradiation facility approved by the Community and appearing on the list referred to in paragraph 2 of this Article.

2. (a) In accordance with the procedure laid down in Article 12, the Commission shall draw up the list of approved facilities for which official supervision guarantees that the requirements of Article 7 are complied with.

For the purpose of drawing up this list, the Commission may instruct experts to carry out, under its authority, evaluations and inspections of irradiation facilities in third countries in accordance with Article 5 of Directive 93/99/EEC.

The Commission shall publish that list and any amendments thereto in the Official Journal of the European Communities;

(b) The Commission may conclude technical arrangements with the competent organizations in third countries on the procedures whereby the evaluations and inspections referred to in (a) are to be carried out.

Article 10

Materials used for packaging foodstuffs to be irradiated must be suitable for the purpose.

Article 11

Amendments to the Annexes to take account of scientific and technical progress shall be adopted in accordance with the procedure laid down in Article 100a of the Treaty.

Article 12

1. Where the procedure defined in this Article is to be followed, the Commission shall be assisted by the Standing Committee for Foodstuffs, hereinafter referred to as the 'Committee`.

The Chairman shall, without delay, refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State.

2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee;

(b) if the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

Article 13

Provisions which are likely to have an effect on public health shall be adopted after consultation of the Scientific Committee for Food.

Article 14

1. Where a Member State, as a result of new information or of a reassessment of existing information made since this Directive was adopted, has clear proof that the irradiation of certain foodstuffs endangers human health although it complies with the provisions of this Directive, that Member State may temporarily suspend or restrict application of the provisions in question in its territory. It shall immediately inform the other Member States and the Commission thereof, giving grounds for its decision.

2. The Commission shall examine as soon as possible the grounds given by the Member State concerned and consult the Standing Committee for Foodstuffs, deliver its opinion forthwith and take the appropriate measures.

3. If the Commission considers that amendments to this Directive are necessary in order to resolve the difficulties mentioned in paragraph 1 and to ensure the protection of human health, such amendments may be adopted in accordance with the procedure laid down in Article 12; the Member State which had adopted safeguard measures may retain them until the amendments enter into force.

Article 15

Member States shall bring into force their laws, regulations and administrative provisions to comply with this Directive in such a way as to:

- permit the marketing and use of irradiated foodstuffs by [. . .] (8*);

- prohibit the marketing and use of irradiated foodstuffs not complying with this Directive by [. . .] (9**).

They shall 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 reference shall be laid down by Member States.

Article 16

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

Article 17

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ C 336, 30. 12. 1988, p. 7 and OJ C 303, 2. 12. 1989, p. 15.

(2) OJ C 194, 31. 7. 1989, p. 14.

(3) Opinion of the European Parliament of 11 October 1989 (OJ C 291, 20. 11. 1989, p. 58), Council Common Position of 27 October 1997 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(4) See page 47 of this Official Journal.

(5) OJ L 159, 29. 6. 1996, p. 1.

(6) OJ L 33, 8. 2. 1979, p. 1. Directive as last amended by Directive 97/4/EC (OJ L 43, 14. 2. 1997, p. 21).

(7) OJ L 290, 24. 11. 1993, p. 14.

(8*) 18 months after the entry into force of this Directive.

(9**) 24 months after the entry into force of this Directive.

ANNEX I

CONDITIONS FOR AUTHORIZING FOOD IRRADIATION

1. Food irradiation may be authorized only if:

- there is a reasonable technological need,

- it presents no health hazard and is carried out under the conditions proposed,

- it is of benefit to the consumer,

- it is not used as a substitute for hygiene and health practices or for good manufacturing or agricultural practice.

2. Food irradiation may be used only for the following purposes:

- to reduce the incidence of food-borne disease by destroying pathogenic organisms,

- to reduce spoilage of foodstuffs by retarding or arresting decay processes and destroying spoilage organisms,

- to reduce loss of foodstuffs by premature ripening, germination or sprouting,

- to rid foodstuffs of organisms harmful to plant or plant products.

ANNEX II

SOURCES OF IONIZING RADIATION

Foodstuffs may be treated only by the following sources of ionizing radiation:

(a) gamma rays from radionuclides 60Co or 137Cs,

(b) X-rays generated from machine sources operated at or below a nominal energy (maximum quantum energy) level of 5 MeV,

(c) electrons generated from machine sources operated at or below a nominal energy (maximum quantum energy) level of 10 MeV.

ANNEX III

1. DOSIMETRY

Overall average absorbed dose

It can be assumed for the purpose of the determination of the wholesomeness of foodstuffs treated with an overall average dose of 10 kGy or less that all radiation chemical effects in that particular dose range are proportional to the dose.

The overall average dose, >START OF GRAPHIC>

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, is defined by the following integral over the total volume of the goods:

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= >NUM>1

>DEN>M

∫ (1*) p (x, y, z) d (x, y, z) dV

>TABLE>

The overall average absorbed dose can be determined directly for homogeneous products or for bulk goods of homogeneous apparent density by distributing an adequate number of dosimeters strategically and at random throughout the volume of the goods. From the dose distribution determined in this manner an average can be calculated which is the overall average absorbed dose.

If the shape of the dose distribution curve through the product is well determined, the positions of minimum and maximum dose are known. Measurements of the distribution of dose in these two positions in a series of samples of the product can be used to give an estimate of the overall average dose.

In some cases, the mean value of the average values of the minimum dose (>START OF GRAPHIC>

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min) and maximum dose (>START OF GRAPHIC>

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max) will be a good estimate of the overall average dose: i.e., in these cases:

overall average dose ≈

>NUM"START OF GRAPHIC>

>END OF GRAPHIC>

max + >START OF GRAPHIC>

>END OF GRAPHIC>

min

>DEN>2

The ratio of >NUM"START OF GRAPHIC>

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max

>DEN"START OF GRAPHIC>

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min

should not exceed 3.

2. PROCEDURES

2.1. Before routine irradiation of a given category of foodstuff begins at a radiation facility, the locations of the minimum and maximum doses are determined by making dose measurements throughout the product volume. These validation measurements must be carried out a suitable number of times (e.g. 3-5) in order to make allowance for variations in product density or geometry.

2.2. Measurements must be repeated whenever the product, its geometry or the irradiation conditions are changed.

2.3. During the process, routine dose measurements are carried out in order to ensure that the dose limits are not exceeded. Measurements should be carried out by placing dosimeters at the positions of the maximum or minimum dose, or at a reference position. The dose at the reference position must be quantitatively linked to the maximum and minimum dose. The reference position should be located at a convenient point in or on the product, where dose variations are low.

2.4. Routine dose measurements must be carried out on each batch and at regular intervals during production.

2.5. In cases where flowing, non-packaged goods are irradiated, the locations of the minimum and maximum doses cannot be determined. In such a case it is preferable to use random dosimeter sampling to ascertain the values of these dose extremes.

2.6. Dose measurements should be carried out by using recognized dosimetry systems, and the measurements should be traceable to primary standards.

2.7. During irradiation, certain facility parameters must be controlled and continuously recorded. For radionuclide facilities the parameters include product transport speed or time spent in the radiation zone and positive indication for correct position of the source. For accelerator facilities, the parameters include product transport speed and energy level, electron current and scanner width of the facility.

(1*) ∫ = integral.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 9 December 1988 the Commission submitted to the Council a proposal for a European Parliament and Council Directive, based on Article 100a of the EC Treaty, on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionizing radiation (1).

2. Further to the first-reading opinion of the European Parliament, delivered on 11 October 1989 (2), the Commission submitted an amended proposal (3) to the Council. Following the entry into force of the Treaty on European Union, that opinion was confirmed as a first-reading opinion on 2 December 1993 (4) by the European Parliament.

3. The Economic and Social Committee delivered its opinion on 31 May 1989 (5).

4. On 27 October 1997 the Council adopted a common position on the amended proposal in accordance with Article 189b of the Treaty.

II. PURPOSE

5. The purpose of the proposal is to introduce procedures which apply to the manufacture, marketing and importation of foods and food ingredients treated with ionizing radiation.

As some Member States currently authorize the irradiation of foods and food ingredients whilst others prohibit it, the purpose of the Directive is to establish in stages a positive list of products that may be treated with ionizing radiation with a view to establishing gradually the internal market in that area.

III. ANALYSIS OF THE COMMON POSITION

A. GENERAL REMARKS

6. Broadly speaking, the text underwent substantial amendment during the discussion, with the Commission proposal being split into two parts, resulting in two common positions, providing for the simultaneous adoption of:

- a framework Directive laying down general provisions, on the one hand, and

- an implementing Directive establishing without prejudice to the final positive list, an initial positive list of foods and food ingredients that may be treated with ionizing radiation, on the other.

The common position on the framework Directive stipulates that the Commission will, by 31 December 2000 at the latest, submit a proposal for the adoption of the final positive list, which will supplement the initial positive list. Pending adoption of the final positive list, Member States may:

- if certain conditions are met, maintain or authorize the treatment of foods and food ingredients with ionizing radiation,

- in compliance with the Treaty, maintain national bans both on ionizing radiation in their territory and on the marketing of foods or food ingredients treated with ionizing radiation, provided that the foodstuff or food ingredient is not contained in the initial positive list.

Lastly, the common position on the framework Directive stipulates that all products treated with ionizing radiation must be labelled.

7. Having regard to the amended Commission proposal, the Council followed the Commission's lead:

- on the one hand, in incorporating as they stood, or in part or in substance European Parliament amendments 1 and 3,

- on the other hand, in rejecting amendments 2, 4, 6 to 8, 10, 12 to 15, 17, 18 (first part), 20 to 22, 24, 25, 27, 29 to 32 and 34 to 36.

However, the Council departed from the amended Commission proposal:

- by rejecting amendments 11, 18 (second part) and 28, which the Commission had accepted,

- by accepting as they stood or in principle the following amendments which the Commission had rejected: 5, 9, 16, 19, 23 and 26.

As regards amendment 33 (Annex I to the amended proposal), only a very small part of which was accepted by the Commission, the Council went further than the Commission in accepting the principle of the amendment, albeit in another context (implementing Directive) (see point 8 below).

The amendments made by the Council to the amended proposal were accepted by the Commission, eliciting the following specific remarks:

B. SPECIFIC REMARKS

8. The most significant change in the common position as compared with the amended proposal is the splitting of the text into two Directives (framework Directive and implementing Directive; see remarks under III.A) and the introduction into the framework Directive of a new Article 4 linking the two Directives. That Article makes provision for the adoption in stages of a positive list of foodstuffs which may be treated with ionizing radiation in accordance with the procedure laid down in Article 100a. Through the provisions of Article 4 and those of the implementing Directive, in the Annex to which a preliminary positive list restricted to dried aromatic herbs, spices and vegetable seasonings is provided for, the common position takes account, in principle, of European Parliament amendment 33.

9. In the same vein, the Council incorporated amendments 5, 9, 16 and 26, which are linked in so far as they concern the procedure to be followed for amending the Annexes and the positive list. In stipulating, in Articles 11 and 12 of the framework Directive and in Article 3 of the implementing Directive (formerly Articles 10 and 11), that such amendments are to be adopted on the basis of Article 100a of the Treaty, the common position takes account, in principle, of the European Parliament's wishes.

10. The common position lays down more detailed provisions for the labelling requirements (Article 6, former Article 5) than the amended proposal by stipulating that the word 'irradiated` must appear on the label or, for products sold in bulk, on a display or notice.

Furthermore, Article 6 incorporates, for the information of the consumer, a formula different from that proposed by the European Parliament (amendment 18) and the Commission, namely that, for irradiated products used as ingredients, the words are to appear in the list of ingredients, even if they constitute less than 25 % of the finished product.

11. As regards information on approval granted to irradiation facilities and on the results of control and inspection, the Council accepts the principle of the objective laid down in amendment 19 by stipulating in its common position (Article 7, former Article 6) that details of the facilities and a report based on the information provided by the supervisory authorities are to be published in the Official Journal of the European Communities.

12. As regards irradiated foodstuffs from third countries (Article 9, former Article 8), the common position provides that the Commission is to draw up a list of approved irradiation facilities for which official supervision guarantees that the requirements of Article 7 are complied with. The Council has thus taken into account the principle of European Parliament amendment 23.

13. As regards Article 13 of the common position, the Council did not incorporate the added phrase stipulating that the opinion of the Scientific Committee for Food and the scientific data would be published (amendment 28, former Article 12), as the Committee's opinions are already published by the Office for Official Publications of the European Communities in the series: Reports by the Scientific Committee for Food.

14. For technical reasons the Council did not incorporate the 14th recital of the amended proposal (amendment 11), concerning ethylenoxid gas, as that gas is no longer permitted for the treatment of aromatic herbs and spices.

IV. CONCLUSIONS

15. On the whole, almost 10 years after the submission of the original proposal, having incorporated various European Parliament amendments and introduced other significant amendments, the Council has endeavoured to strike a balance between the divergent positions which takes into account both technological advances and consumers' interests.

(1) OJ C 336, 31. 12. 1988, p. 7.

(2) OJ C 291, 20. 11. 1989, p. 58.

(3) OJ C 303, 2. 12. 1989, p. 15.

(4) OJ C 342, 20. 12. 1993, p. 33.

(5) OJ C 194, 31. 7. 1989, p. 14.