Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 89/398/EEC on the approximation of the laws of Member States relating to foodstuffs intended for particular nutritional uses
Date: 1995-12-04
Institutions: European Commission
Subjects: approximation of laws, consumer protection, foodstuff, foodstuffs legislation, human nutrition, labelling

COMMISSION OF THE EUROPEAN  COMMUNITIES 

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Brussels,  04.12.1995 
COM(95)  586  final 

94/0327  (COD) 

Amended  proposal  for  a 

EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

amending Directive 89/398/EEC on the approximation of the laws of Member States relating to 

foodstuffs  intended for particular nutritional  uses 

(presented  by  the  Commission  pursuant  to  Article  189 a  (2) 
of  the  EC-Treaty) 

Explanatory  memorandum 

In  response  lo  the  opinion  of  the  European  Parliament1  delivered  on  I I  October  1995  on 
the  proposal  for  a  European  Parliament  and  Council  Directive  amending  Directive 

S9/19X/1TX"  on  the  approximation  of  the  laws  of  Member  Slates  relating  to  foodstuffs 
intended  for  particular  nutritional  uses2  which  aimed  to  lay  down  a  rapid  procedure  for  a 
temporary  authorisation  of compositional  rules  resulting  from  scientific  and  technological 
innovation,  and  in  accordance  with  article  189A  of  the  EC1  Treaty,  the  Commission  has 
decided  to amend  the above  mentioned  proposal. 

The Commission  has accepted  the amendments  relating to : 

- 

the  introduction  of  a  new  recital  referring  to  the  agreement  on  a  "modus  vivendi" 

between  the  European  Parliament,  the  Council  and  the  Commission  (amendments  I 

and  7). 

The Commission  did  not accept the amendments concerning : 

- 

the  introduction  in  the  6th  recital  (amendment  5) and  in  article  1 (amendment  6)  of  the 

Standing  Committee  procedure  laid down  in article  13 of Directive  89/398/EEC  for  the 

granting  of  the  temporary  authorisation  because  this  would  empty  the  Commission's 

proposal  of  its substance. 

I lowever,  in  keeping  with  the spirit of  Parliament's  amendments  I and  7, the  Commission 

has  amended  its  original  proposal  in  order  to  incorporate  an  express  reference  to  a 

consultative  committee  type  procedure  (procedure  I  laid  down  by  Council  Decision 

87/373/EEQ3. 

' O .J 

2 O.J. N°C389 31.12.94, p. 21 

H).J. N°L  197,  18.7.1987, p. 33 

Z 

Amended proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL  DIRECTIVE 

amending  Directive  89/398/EEC  on  the approximation  of the  laws of  Member States  relating  to 

foodstuffs  intended  for  particular  nutritituval  uses 

3 

In  response  to  the  opinion  of  the  European  Parliament4  delivered  on  11  October  1995  on 
the  proposal  for  a  European  Parliament  and  Council  Directive  amending  Directive 

89/  39X/EEC  on  the  approximation  of  the  laws  o\'  the  Member  Slates  relating  to 

loodslulls  intended  lor  particular  nutritional  uses'  and  in accordance  with  Article  I 89A oi 

the  EC  Treaty, the Commission  has decided  to amend  the above  proposal  as  follows  : 

Original  proposal 

Amended  proposal 

The following  new first  recital  is added : 

Whereas  an  agreement  on  a 

'modus 

vivendi' 

between 

the 

European 

Parliament, 

the  Council 

and 

Commission 

concerning 

the 

the 

implementing  measures  for  acts  adopted 

(ll_açcor(,lancc  with  the  procedure  laid 

down  in  Article  I X9b  of  the  EC  Treaty 

was reached  on  20  December  1994. 

Article 1 

Directive  89/398/EEC 
follows : 

is  amended  as 

1.  In  article  4  of  Directive  89/398/EEC. 

1.  In  article  4  of  Directive  89/398/EEC, 

the following  paragraph  la  is added 

the following  paragraph  la  is added 

"la.  To  enable  foodstuffs  intended  for 

"la.  To  enable  foodstuffs 

intended  for 

particular 

nutritional 

uses 

resulting 

from 

scientific 

and 

and 

particular 

nutritional 

uses 

resulting 

from 

scientific 

and 

and 

technological  progress  to  be  placed  on 

technological  progress  to  be  placed  on 

the  market  rapidly,  the  Commission 

the  market  rapidly,  the  Commission 

may,  after  consulting  the  Scientific 

may,  after  consulting 

the  Scientific 

Committee  for  Food  and  the  Member 

Committee 

for 

Food, 

and  m 

States  represented  within  the  Standing 

accordance  with  the  procedure 

laid 

Committee  for  Foodstuffs. 

down  in Article  13a. 

o. 

5O.J.  N° C389,  31.12.94, p. 21 

* 

authorise 

for  a 

two-y«ar  period 

the 

authorise 

for  a 

two-year  period 

the 

marketing of food which does not comply 

marketing  of food  which  does  not comply 

with  the  nates  as  to  composition  laid 

with  the  rules  as  to  composition 

laid 

down  by  the  specific  directives  refetred 

down  by  the  specific  directives  referred 

to  in  Annex  1.  Where  necessary,  the 

to  in  Annex  1.  Where  necessary,  the 

Commission  may 

include 

in 

the 

Commission  may 

include 

in 

the 

authorisation  decision 

labelling 

rules 

authorisation  decision 

labelling 

rules 

relating to the charge  in composition." 

relating to the charge  in  composition." 

2.  The following  Article  13a is  inserted 

Article  13 a 

"Where  the  procedure  laid  down  in  this 

Article  is  to  be  followed,  the  chairman 

shall  refer  the  matter  to  the  Standing 

Committee 

for  Foodstuffs,  hereinafter 

referred  to  as  'the  Committee',  either  on 

his  own  initiative  or  at  the  request  of  the 

representative  of a Member  State. 

ITie  representative  of  the  Commission 

shall  suhmit  to  the  committee  a  draft  ol 

the  measures  to  be  taken,  within  a  time-

limit  which  the  chairman  may  lay  down 

according  to  the  urgency  of  the  matter,  if 

necessary  by taking  a vote. 

The  opinion  shall  be  recorded 

in  the 

minutes:  in  addition,  each  Member  States 

shall  have  the  right  to  ask  to  have  its 

position recorded  in the minutes. 

The  Commission  shall  take  the  utmost 

account  of  the  opinion  delivered  by  the 

Committee. 

J_t_ 

shall 

inform 

the 

Committee  of  the  manner  in  which  ils 

opinion  has  been  taken  into  account." 

S 

ISSN 0254-1475 

COM(95) 586 final 

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