No C 152/6 Official Journal of the European Communities 10. 6. 88 
II 
(Preparatory Acts) 
COMMISSION 
Re-examined proposal for a Council Directive on the approximation of the laws of the Member 
States relating to flavourings for use in foodstuffs and to source materials for their 
production (') 
COM(88) 221 final — SYN 16 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 13 April 
1988) 
(88/C 152/09) 
The Commission accepts the common position of the 
Council as described in Council document 7259/87 of 22 
June 1987 subject to the following amendments: 
(i) The fifth recital is replaced by: 
'Whereas, on the basis of the inventory of source 
materials and substances used in the preparation 
of flavourings established by the Commission on 
the basis of Decision .../.. ./87, the Council will 
at a later stage adopt, in accordance with the 
procedure laid down in Article 100A, appropriate 
provisions concerning individual categories of 
flavourings and source materials and any 
necessary measures concerning their use and 
methods of production;' 
(ii) The ninth recital, second 'whereas', is replaced by: 
'. . . procedure IIIA laid down in Council Decision 
87/373/EEC of 13 July 1987 laying down the 
procedures for the exercise of implementing 
powers conferred on the Commission (') will be 
used for this purpose; 
(') OJ No L 197, 18. 7. 1987, p. 33.' '2. The following shall be adopted in 
accordance with the procedure provided for in 
Article 11.' 
Paragraph (b) becomes new paragraph (a). 
A new paragraph (b) is added as follows (ex 
Article 7): 
'(b) provisions on: 
— the technical amendments to the Annexes 
having regard to progress in scientific and 
technical knowledge, 
— the microbiological criteria applicable to 
flavourings, 
— the designation criteria given to the more 
specific names referred in Article 9 (1) 
(b).' 
Paragraph (c) is completed as follows: 
The second indent reads: 'The conditions . . . 
paragraph (a)'. 
(iii) tenth recital ('Whereas . . . 69/414/EEC) is 
deleted. 
(iv) The eleventh recital ('Whereas . . . Annexes') is 
deleted. 
(v) Article 5 is amended as follows: 
'1. The Council, acting in accordance with the 
procedure provided for in Article 100A of the 
Treaty, shall adopt appropriate provisions 
concerning:' 
The indents of the old paragraph (a) are included 
unchanged. 
(') OJ No C 103, 24. 4. 1982, p. 7. Three indents are added as follows (ex Article 6): 
'— the methods of analysis needed to verify the 
levels referred to in Article 4, 
— the procedure for taking samples and the 
methods for qualitative and, where appro­
priate, quantitative analysis of flavourings in 
or on foodstuffs, 
— the specific criteria of purity for given 
flavourings.' 
A new paragraph 3 is added as follows: 
'3. Provisions that may have effects on public 
health shall be adopted only after consulting the 
Scientific Committee for Food.' 
10. 6. 88 Official Journal of the European Communities No C 152/7 
(vi) Articles 6 and 7 are deleted. 
(vii) Article 9 (2) is amended as follows: 
The first paragraph becomes: 
'Without . . . exclusively: 
— flavouring substances as defined in Article 1 
(2) (b) (i), 
— and/or flavouring preparations as defined in 
Article 1 (2) (c).' 
The second paragraph becomes: 
'If the sales description . . . unless all flavouring 
components have been . . . solely or mainly . . . 
concerned.' 
(viii) Article 11 (2) is amended as follows: 
(these provisions also replace paragraphs 3 (a) and 
(b): 
'2. The Commission representative . . . matter. 
The opinion shall be delivered with the majority 
provided for in Article 148 (2) of the Treaty for the adoption of the decisions to be taken by the 
Council on a proposal from the Commission. 
When the vote is taken in the Committee, the 
votes of the representatives of the Member States 
shall be weighted in accordance with the above 
Article. The chairman shall not vote. The 
Commission shall adopt the intended measures 
when they are in accordance with the opinion of 
the Committee or in the absence of any opinion, 
the Commission shall forthwith submit to the 
Council a proposal relating to the measures to be 
taken. The Council shall act by qualified majority.' 
Paragraphs 3 (a) and (b) are deleted. 
Paragraph 3 (c) becomes new paragraph 3 and is 
amended as follows: 
'3. If the Council has not taken a decision 
within three months from the date on which the 
matter was referred to the Council, the proposed 
measures shall be adopted by the Commission.' 
Re-examined proposal for a Council Directive on the approximation of the laws of the Member 
States on extraction solvents used in the production of foodstuffs and food ingredients (') 
COM(88) 227 final — SYN 29 
Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 20 April 1988) 
(88/C 152/10) 
The following amendments are proposed by the Commission to its proposal of 28 October 
1983 (as modified on 8 March 1985): 
The Commission assents to the common position of the Council as described in Council 
document 7261/87 of 22 June 1987 subject to the following amendments: 
(i) Article 2 (5) is amended as follows: 
'Within two years of the adoption of this Directive, the Commission shall, after consulting 
the Scientific Committee for Food, re-examine the provisions relating to Part 1 of the 
Annex and the following substances and shall propose any necessary amendments acting in 
accordance with the procedure laid down in Article 100A of the Treaty:' 
(rest unchanged) 
(ii) Article 6 is amended as follows: 
'1. Where the procedure laid down in this Article is to be followed, the chairman shall 
refer the matter to the Standing Committee for Foodstuffs. 
2. The representative of the Commission shall submit to the Committee a draft of the 
measures to be taken. The Committee shall deliver its opinion on the draft within a period 
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. 
(') OJ No C 77, 23. 3. 1985, p. 7.