Proposal for a European Parliament and Council Decision on the maintenance of national laws prohibiting the use of certain additives in the production of certain foodstuffs

(95/C 134/10)

COM(95) 126 final - 95/0085(COD)

(Submitted by the Commission on 19 April 1995)

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 Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption (1), as amended by Directive 94/34/EC (2), and in particular Article 3a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

Whereas the rules on additives harmonization ought not to affect the application of provisions in force in the Member States on 1 January 1992 which prohibit the use of certain additives in certain specific foodstuffs considered traditional and produced on their territory;

Whereas the list of foodstuffs considered traditional must be drawn up on the basis of notifications made by the Member States to the Commission before 1 July 1994; whereas, however, notifications from the new Member States sent after that date must be considered;

Whereas, however, the general purpose of this Decision is not to define the traditional character of foodstuffs; whereas, in particular, traditional character is not determined simply by a prohibition on the use of additives in such products;

Whereas, however, account must be taken of how significant the national legal prohibition in force on 1 January 1992 on the use of certain categories of additives is in foodstuff production practices as a whole; whereas the particular features of such a means of production should be retained; whereas account should be taken of fair practice in commercial transactions involving these products and in respect of consumers so as to be able to authorize the maintenance of the prohibition on the use of certain categories of additives;

Whereas designation of a product as a traditional product for which a Member State might maintain its national legislation must be without prejudice to the provisions of Regulations (EEC) No 2081/92 (1) and (EEC) No 2082/92 (2) on designation of origin and certificates of specific character respectively;

Whereas Directive 89/107/EEC and its implementing directives only authorize additives which do not harm human health; whereas protection of public health cannot therefore be a criterion warranting prohibition of the use of certain additives in certain specific foodstuffs considered traditional;

Whereas prohibition of the use of certain additives must not lead to discrimination with regard to other additives belonging to the same category as mentioned in Annex I to Directive 89/107/EEC and so must not affect Community harmonization;

Whereas, in the interests of transparency, bans on the use of certain categories of additive in certain categories of foodstuff which Member States may maintain in derogation from the provisions of Directive 89/107/EEC and its specific Directives 94/35/EC (3), 94/36/EC (4) and 95/. . ./EC should be identified;

Whereas freedom of establishment and the free movement of goods must not be jeopardized either by the authorization to maintain national laws thus granted or by any regulations on labelling to distinguish these products from similar foodstuffs; whereas the free movement, placing on the market and manufacture in all Member States of similar foodstuffs considered traditional or non-traditional must therefore be maintained in accordance with the provisions of the Treaty,

HAVE DECIDED AS FOLLOWS:

Article 1

Pursuant to Article 3a of Directive 89/107/EEC, as amended by Directive 94/34/EC, and under the conditions specified therein, the Member States listed in the Annex are hereby authorized to maintain in their legislation the prohibition on the use of categories of additives in the production of the corresponding foodstuffs listed in that Annex.

This Decision shall be applied without prejudice to Regulations (EEC) No 2081/92 and No (EEC) 2082/92.

Article 2

This Decision is addressed to the Member States.

(1) OJ No L 40, 11. 2. 1989, p. 27.

(2) OJ No L 237, 10. 9. 1994, p. 1.

(1) OJ No L 208, 24. 7. 1992, p. 1.

(2) OJ No L 208, 24. 7. 1992, p. 9.

(3) OJ No L 237, 10. 9. 1994, p. 3.

(4) OJ No L 237, 10. 9. 1994, p. 13.

ANNEX

TABLE OF PRODUCTS FOR WHICH THE MEMBER STATES CONCERNED MAY MAINTAIN THE PROHIBITION OF CERTAIN CATEGORIES OF ADDITIVE

>TABLE>