98/613/EC: Commission Decision of 21 October 1998 concerning a draft Decree of the Republic of Austria on the identification of genetically modified additives and flavourings used as food ingredients (notified under document number C(1998) 3158) (Only the German text is authentic) (Text with EEA relevance)
Date: 1998-10-21
Institutions: European Commission
Subjects: Austria, flavouring, food additive, foodstuffs legislation, genetically modified organism, labelling

30. 10. 98

EN

Official Journal of the European Communities

L 291/35

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 21 October 1998

concerning a draft Decree of the Republic of Austria on the identification of
genetically modified additives and flavourings used as food ingredients

(notified under document number C(1998) 3158)

(Only the German text is authentic)

(Text with EEA relevance)

(98/613/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Whereas, in accordance with Article 16(2) of Directive
79/112/EEC, the Commission has consulted the other
Member States through the Standing Committee on
Foodstuffs;

Having regard to Council Directive 79/112/EEC of 18
December 1978 on the approximation of the laws of the
Member States relating to the labelling, presentation and
advertising of
to the ultimate
consumer (1), as last amended by Directive 97/4/EC of the
European Parliament and of the Council (2), and in par-
ticular Articles 16 and 17 thereof,

foodstuffs

sale

for

Whereas, in accordance with the procedure laid down in
Article 16(2) of Directive 79/112/EEC,
the Austrian
authorities have notified the Commission of a draft
Decree on the identification of additives and flavourings
produced by genetic engineering;

Whereas paragraph 2 of the draft Decree specifies that
foodstuffs with additives or flavourings containing or
produced from genetically modified organisms may not
be marketed unless the labelling clearly states that such
additives or flavourings have been modified by genetic
engineering;

(1) OJ L 33, 8. 2. 1979, p. 1.
(2) OJ L 43, 14. 2. 1997, p. 21.

Whereas, the Member States and the Commission have
recognised that, as consumers are already informed about
the presence of ingredients containing or produced from
genetically modified organisms, it is important for them
also to be informed about the use of additives or flavour-
ings genetically modified or produced by genetic en-
gineering;

Whereas, therefore, it would be useful to make it com-
pulsory for the labelling of the products concerned to
carry a particular comment making it clear that the addi-
tives or flavourings used have been produced by genetic
engineering, according to the same principles as applied
to the labelling of ingredients containing or produced
from genetically modified organisms;

Whereas, however, such a measure applied unilaterally in
Austria would be sure to hinder intra-Community trade;

Whereas this finding has prompted the Commission to
deliver a negative opinion in accordance with the second
indent of Article 16(2) of Directive 79/112/EEC;

L 291/36

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Official Journal of the European Communities

30. 10. 98

Whereas the most satisfactory solution to the problem
posed by the draft Austrian regulations will be to draw up
a Community labelling provision; whereas the Commis-
sion will do all it can to reach a satisfactory solution such
as this within the time period laid down in Article 1 of
this Decision;

Whereas it is therefore necessary to suspend any national
initiative in this field for an appropriate period of time;

Whereas the measures provided for in this Decision are in
conformity with the opinion of the Standing Committee
on Foodstuffs,

HAS ADOPTED THIS DECISION:

Article 1

The Republic of Austria is hereby required to suspend, for
a period of 12 months from the date of notification of this
Decision, the adoption of its draft Decree on labelling

provisions to identify additives and flavourings containing
or produced from genetically modified organisms and
used as food ingredients.

Article 2

This Decision is addressed to the Republic of Austria.

Done at Brussels, 21 October 1998.

For the Commission

Martin BANGEMANN

Member of the Commission