Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on food additives amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2008-10-16
Institutions: European Commission
Subjects: approximation of laws, consumer protection, food additive, foodstuff, foodstuffs legislation, labelling, public health, single market

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.10.2008 
COM(2008) 608 final 

2006/0145 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on food additives 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2006/0145 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on food additives 

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  provides  that  the 
Commission is to deliver an opinion on the amendments proposed by the European 
Parliament  at  second  reading.  The  Commission  sets  out  its  opinion  below  on  the 
amendments proposed by the Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM((2006)0428 final – 2006/0145(COD): 

28 July 2006 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

25 April 2007 

Date of the opinion of the European Parliament, first reading: 

10 July 2007 

Date of transmission of the amended proposal: 

24 October 2007 

Date of political agreement 

Date of adoption of the common position: 

17 December 2007 

10 March 2008 

Date of the opinion of the European Parliament (Second Reading) 

8 July 2008 

3. 

PURPOSE OF THE PROPOSAL 

The Commission announced in the White  Paper  on  Food  Safety  (COM  (1999)  719 
final) that it would up-date and simplify existing Community legislation with regard 
to food additives (Action 11 in the White Paper). The objectives of this proposal are: 

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To  simplify  food  additive  legislation  by  creating  a  single  instrument  for 
principles, procedures and approvals; 

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To  confer  the  implementing  powers  on  the  Commission  to  update  the 
Community list of authorised food additives; 

To  consult  the  European  Food  Safety  Authority  (EFSA)  for  the  safety 
evaluation of food additives; 

To set up a re-evaluation programme for existing food additives 

To  require  the  authorisation  of  food  additives  that  consist  of,  contain  or  are 
produced  from  genetically  modified  organisms  under  Regulation  (EC)  No 
1829/2003  of  the  European  Parliament  and  of  the  Council  of  22  September 
2003 on genetically modified food and feed.  

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

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The EP voted in second reading a consolidated text which contains a number of 
amendments  to  the  text  of  the  Common  Position.  The  text  is  the  result  of 
negotiations  between  the  Council,  the  EP  and  the  Commission.  The 
amendments are mainly of technical nature and are generally in line with and 
strengthen the key principles of the initial proposal. Of particular note are the 
amendments  which  will  require  labelling  of  the  possible  adverse  effect  on 
children's  behaviour  which  has  been  associated  with  certain  food  colours. 
Other  amendments  concern  the  clarification  of  the  interplay  between  the 
proposed Regulation on food additives and Regulation (EC) No 1829/2003 on 
genetically  modified  food  and  feed  and  also  clarifying  that  food  additives 
which  are  produced  using  different  production  processes  or  with  different 
starting  materials  require  a  new  safety  evaluation.  Other  amendments 
strengthen  the  precautionary  principle  and  further  clarify  the  principle  of  not 
misleading the consumer. 

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The Commission accepts all the amendments voted by the EP. The outcome of 
the second reading in the EP was very satisfactory  

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as 
set out above. 

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