Proposal for a European Parliament and Council Directive amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (94/C 389/17) (Text with EEA relevance) COM(94) 600 final - 94/0327(COD)

(Submitted by the Commission on 20 December 1994)

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,

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 Article 4 of Council Directive 89/398/EEC (1) provides that specific provisions applicable to the groups of foodstuffs appearing in Annex I thereto must be laid down by means of specific Commission directives;

Whereas those specific directives reflect the state of knowledge at the time of their adoption; whereas, therefore, any amendment to include innovations based on scientific and technical progress must be approved in accordance with the procedure laid down in Article 13 of Directive 89/398/EEC;

Whereas this procedure, which includes consultation of the Scientific Committee for Food and requires a favourable opinion from the Standing Committee for Foodstuffs, means that the period after which a specific directive can be amended is relatively long;

Whereas the length of the procedure reduces the opportunity available to the industry which has produced the technological innovation to benefit from the fruits of its research;

Whereas a procedure must be laid down which allows the foods resulting from these innovations to be marketed on a temporary basis pending the amendment of the specific directive concerned;

Whereas, however, on the grounds of consumer health protection, marketing authorization can be granted only after consultation of the Scientific Committee for Food;

Whereas authorization can be granted only if the product poses no danger to human health,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

In Article 4 of Directive 89/398/EEC, the following paragraph 1a is added:

'1a. To enable foodstuffs intended for particular nutritional uses and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the Scientific Committee for Food and the Member States represented within the Standing Committee for Foodstuffs, authorize for a two-year period the marketing of food which does not comply with the rules as to composition laid down by the specific directives referred to in Annex I. Where necessary, the Commission may include in the authorization decision labelling rules relating to the change in composition.`

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 1997. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 3

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

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 186, 30. 6. 1989, p. 27.