Amended proposal for a COUNCIL DIRECTIVE amending Directive 89/107/EEC on the approximation of the laws of Member States concerning food additives intended for human consumption
Date: 1993-06-22
Institutions: European Commission
Subjects: approximation of laws, baby food, consumer protection, food additive, foodstuff, foodstuffs legislation, human nutrition, standing committee (EU)

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(93)  289  f i n al  -  SYN  422 

Brussels,  22  June  1993 

Amended  proposal 

for  a 

COUNCIL  DIRECTIVE 

amending Directive 89/107/EEC on the approximation  of the laws of Member 

States concerning food additives intended for human consumption 

(presented  by  the  Commission  pursuant  to  A r t i c le  149(3) 
of  the  EEC-Treaty) 

Explanatory  Memorandum 

In response to the opinion  of the European  Parliament'  delivered  on 26 May 1993 
on  the proposal  for  a  Council  Directive  amending  Directive  89/107/EEC  on the 
approximation  of the laws of Member States concerning  food  additives intended for 
human consumption2.and  in accordance  with  the third  paragraph  of Article  149  of 
the Treaty  establishing  the European  Economic  Community,  the Commission  has 
decided to amend the above mentioned proposal. 

The Commission has accepted the following amendments: 

-  changes  to  the  recitals  concerning  the  derogation  for  traditional  products, 

including the date of existence of national law 

-  deletion  of  the  Comitology  procedure  and  acceptance  of  the  Article  100A 
procedure  for  establishment  of  the  criteria  for  the  definition  of  traditional 
foodstuffs  and  the  adoption  of  the  list  of  such  foodstuffs.  The  Commission 
accepted  this amendment  as a compromise  permitting  the European  Parliament 
to  be  fully  involved  in  the  process  of  granting  derogations  for  traditional 
foodstuffs. 

-  change of the date of the implementation  of the directive by Member  States to 

1.1.94 instead of 1.6.93 . 

In  accordance  with  the  objectives  of  the  Single  Market,  the  Commission  has 
proposed  the principle that foodstuffs  which comply  with the rules laid down in the 
additives directives may be manufactured  and marketed  throughout the Community, 
provided  that  they are not described  as traditional  foodstuffs  in the Member States 
concerned. 

In  addition,  the  Commission  has  completed  the  amendments  of  Parliament  by 
including  defined  timelimits  for  the  adoption  of  the  derogations  for  traditional 
foods. 

However,  the Commission  has rejected  an amendment  concerning  the introduction 
of a new category of food  additives in Annex I because it is outside the scope of the 
proposal. 

O.J. C 206,  13.8.92, p  1 

-3  -

Amended  proposal  for  a 

rtnilNf!IL  DIRECTIVE 

amending Directive 89/107/EEC on the approximation of the laws of Member 
States concerning food  additives intended for human consumption 

THE COUNCIL OF THE EUROPEAN COMMUNITIES 

Having regard  to the Treaty establishing  the  European  Economic  Community, and 
in particular Article  100 A. thereof, 

Having regard to the proposal from the Commission3, 

In cooperation with the European Parliament4, 

Having regard to the opinion of the Economic and Social Committee,5 

Whereas  rules  for  harmonisation  in  the  field  of  additives  should  not  affect  the 
application  of  II.IIKUMI  junvisioiis  <»( Maul» i  M.i|< >, cxiMinj'  IHI  I  J.iim.uy  |W2 

vvlik li ptoliiml (lie iisr oj certain additives In <-rrt;iiti s|ie<.iflc pruriticis considered as 
traditional produced on their territory, 

Whereas these products could be distinguished by an appropriate labelling, 

Whereas  the  free  circulation  of  foodstuffs  conforming  with  directives  concerning 
additives should not be affected, 

Whereas the freedom  of establishment,  the production  and  sale on  the territory of 
each  Member State of  foodstuffs  conforming  with Directives concerning  additives 
should not be affected, 

3  OJ. C 206,  13.8.92, p 1 
4 

5  OJ C73 15.3.93 p.4 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

The following  Article 3a is added  to Directive  89/107/EEC: 

"Article 3a 

1.  By way of derogation  from  Article  3(2)(a)  and  (b), the Council  shall, acting on a 
proposal  from  the Commission  under the procedure  laid  down  in Article  100a of 
the  Treaty,  allow  Member  States  to  continue  to  prohibit  the  use  of  certain 
additives in the production of those foodstuffs  considered  as traditional  provided: 

that this prohibition existed on  1  January  1992 

that  the  Member  States  concerned  permit  on  their  territory  the  production 
and  sale of all foodstuffs  conforming  with  the  rules provided  for  in Article 3 
and that such foodstuffs  are not described  as traditional on their territory; 

2.  Before  1  July  1994, Member  States  shall communicate to the Commission  the list 
of  foodstuffs  which  they  consider  as  traditional,  giving  their  reasons  in  detail, 
together  with  the  relevant  legislative  provisions  prohibiting  the  use  of  certain 
additives in such  foodstuffs. 

Before  1 April  1995, the  Commission  shall  submit  a  proposal  to  the  Council  on 
the criteria  to  be applied  for  defining  a product  as traditional  and  on the  national 
prohibitions which may be maintained  in conformity  with these criteria. 

The Council shall act on the proposal before  1  April  1996. 

3.  Until  1 April  1996,  Member  States  may  maintain  any  prohibitions  which  have 
been  communicated 
in  conformity  with  paragraph  2 
subparagraph  1, provided  that they comply with the general  conditions laid down 
in paragraph  1." 

to  the  Commission 

- 5-

Article 2 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this directive not later than  1  January  1994 

They shall forthwith  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  a  reference  shall  be  laid  down  by  the 
Member States. 

Article 3 

This Directive is addressed to Member States*. 

Done at 

For the Council 

•?? 

- '€  -  ; 

ISSN 0254-1475 

COM(93) 289 final 

DOCUMENTS 

EN 

0610 

Catalogue number : CB-CO-93-323-EN-C 

ISBN 92-77-56986-7 

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