PROPOSAL FOR A COUNCIL DIRECTIVE COMPLETING DIRECTIVE 88/388/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FLAVOURINGS FOR USE IN FOODSTUFFS AND TO SOURCE MATERIALS FOR THEIR PRODUCTION
Date: 1990-10-02
Institutions: European Commission
Subjects: approximation of laws, flavouring, food additive, foodstuff, labelling

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0M(90) 408 final 

Brussels, 2 0ctober1990 

Proposal  for a 

COUNCIL  DIRECTIVE 

completing  Directive 88/388/EEC on  the approximation of  the 

laws of  the Member  States  relating  to flavourings  for use 

In foodstuffs and  to source materials  for  their  production 

(presented  by  the Commission) 

EXPLANATORY  MEMORANDUM 

Council  Directive 88/388/EEC on  flavourings  provides  for  provisions on the 
labelling of  flavourings  intended  for  sale  to the  final  consumer  to be 
adopted  by  the Standing  Committee  for  Foodstuffs  in conformity  with  the 
procedure  laid down  in Article 10. 

In accordance with  the above procedure, this  text was submitted  to the 
Standing  Committee  for  Foodstuffs on  19 July  1990 which was unable  to give 
an op In ion. 

Article 9 of  the Directive  concerning  the  labelling of  flavourings not 
intended  for  sale  to the  final  consumer  served  as a basis  for  this draft. 

This proposal  is also modelled  on Directive 79/112/EEC on  foodstuffs 
labelling and Directive 89/107/EEC on additives. 

e 

CounciI  Direct Ive 
of 
completing  Directive 88/388/EEC on  the approximation 
of  the  laws of  the Member  States  relating  to 
flavourings  for use  In foodstuffs 
and  to source materials  for  their  production. 

THE COUNCIL  Of THE  EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European  Economic  Community, 

Having  regard  to Council  Directive 88/388/EEC of  22 June  1988 on  the 
approximation of  the  laws of  the Member  States relating  to flavourings for 
use  in foodstuffs  and  to source materials  for  their  production  (1), and  in 
particular  Article 6(4) thereof, 

Having  regard  to the proposal  from  the  Commission, 

Whereas differences  between  the  laws, regulations  and  administrative 
provisions of Member  States on  the  labelling of  flavourings  intended  for 
sale  to  the  final  consumer  may  Impede  the  free circulation  of  these 
products  and  lead  to unequal  conditions of  competition; 

Whereas  the main objective of any provisions on  the  labelling of 
flavourings should  be  the need  to  inform  and protect  the consumer; 

Whereas  in accordance with  the procedure of article  10 of Council  Directive 
88/388/EEC,  this text  was submitted  to the Standing Committee  for 
Foodstuffs which was unable  to express an opinion  and, whereas under  the 
same procedure,  the Commission  shall  submit  to the Council  a proposal 
relating  to the measures  to be  taken. 

HAS ADOPTED THIS DIRECTIVE : 

Article 1 

The  following Article shall  be added  : 

"ArtIcle 9a 

1.  Flavourings  intended  for  sale  to the  final  consumer  may  not  be 
marketed  unless  their  labels  indicate  the  following obligatory 
information, which  should be easily  visible, clearly  legible and 
indel lb le : 

(a)  either  the word  "flavouring" or  a more  specific  name description of 

the flavouring; 

(b)  either  the words  "for foodstuffs" or  a more specific  reference  to the 

foodstuff  for which  the  flavouring  is  intended; 

(c)  the date of minimum  durability  in conformity  with Article  3(1) No 4 

and Article 9 of Directive  79/112/EEC; 

(1) 0J  No L  184, 15.7.1988, p. 61. 

3 

(d)  where  necessary,  the  special  conditions  for  storage  and  use; 

(e)  the  instructions  for  use,  the  omission  of  which  would  prevent 

appropriate  use  to  be  made  of  the  flavouring; 

(f)  the  net  quantity  expressed  in units  of  mass  or  volume; 

(g)  the  name  or  business  name  and  address  of  the  manufacturer  or  packer, 

or  of  a  seller  established  within  the  Community; 

ih)  an  Indication  or  mark  identifying  the  batch  in conformity  with 

Directive  89/396/EEC; 

(i)  in  the  case  of  a mixture  of  flavouring(s) with  other  substances  a  list 

in  descending  order  of  weight  in  the  mixture  of  : 

the  flavouring  or  flavourings  in question,  in  conformity  with  (a) 
above; 
the  names  of  each  of  the  other  substances  or  materials  or,  where 
appropriate,  their  "EEC"  numbers. 

2. 

The  word  "natural",  or  any  other  word  having  substantially  the  same 
meaning,  may  be  used  only  for  flavourings  in which  the  flavouring 
component  contains  exclusively  flavouring  substances  as  defined  in 
Article  1  (2)(b)(i)  and/or  flavouring  preparations  as  defined  in 
Article  1  (2)(c).  If  the  sales  description  of  the  flavouring  contains 
a  reference  to  a  foodstuff  or  a  flavouring  source,  the  word  "natural" 
or  any  other  word  having  substantially  the  same  meaning,  may  not  be 
used  unless  the  flavouring  component  has  been  isolated  by  appropriate 
physical  processes,  enzymatic  or  microbiological  processes  or 
traditional  food-preparation  processes  solely  or  almost  solely  from 
the  foodstuff  or  the  flavouring  source  concerned. 

3. 

The  particulars  required  in  this  Article  shall  be  given  in  a  language 
easily  understood  by  the  purchaser  unless  other  measures  have  been 
taken  to  ensure  that  the  purchaser  is  informed.  This  provision  shall 
not  prevent  such  particulars  from  being  indicated  in  various 
languages." 

Article  2 

Member  States  shall,  where  necessary,  amend  their  laws,  regulations  and 
administrative  provisions  in such  a way  as  to  : 

-  permit  trade  in products  complying  with  this  Directive  at  the  latest 

by  30  June  1992; 

-  prohibit  trade  in products  not  complying  with  this  Directive  with  effect 

from  1 January  1994. 

They  shall  forthwith  inform  the  Commission  thereof. 

Article  3 

This  Directive  is addressed  to  the  Member  States. 

Done  at 

199. . . 

Ficha d'impact de certains actes législatifs 
mir  les PME et l'emploi 

Proposition de Dfrective du Conseil modifiant  la directive 88/388/CEE 
relative au rapporochement des législations des Etats membres dans ie .  . 
domaine des arômes destinés à être employés dans lés denrées alimentai res 
et les iRatérlaux de fcase.pour leur production. 

ISSN 0254-1475 

COM(90) 408 final 

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