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 flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1576/89, Council Regulation (EEC) No 1601/91, Regulation (EC) No 2232/96 and Directive 2000/13/EC 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 information, consumer protection, flavouring, food additive, foodstuff, foodstuffs legislation, labelling

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.10.2008 
COM(2008) 606 final 

2006/0147 (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 flavourings and certain food ingredients with flavouring properties for use in and on 
foods and amending Council Regulation (EEC) No 1576/89, Council Regulation (EEC) 
No 1601/91, Regulation (EC) No 2232/96 and Directive 2000/13/EC 

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

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2006/0147 (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 flavourings and certain food ingredients with flavouring properties for use in and on 
foods and amending Council Regulation (EEC) No 1576/89, Council Regulation (EEC) 
No 1601/91, Regulation (EC) No 2232/96 and Directive 2000/13/EC 

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)0427 final – 2006/0147(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 

Council Directive 88/388/EEC sets out the definition of flavourings, general rules for 
their use, and requirements for labelling and maximum levels for substances which 
raise  concern  for  human  health.  It  provides  that  Community  legislation  relating  to 
flavourings should take account primarily of human health requirements. 

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The Directive needs to be substantially amended, to take into account technological 
and scientific developments in the area of flavourings. In addition, as a result of the 
adoption  of  Regulation  (EC)  No  178/2002  laying  down  the  general  principles  and 
requirements of food law, establishing the European Food Safety Authority (EFSA) 
and laying down procedures in matters of food safety, certain provisions need to be 
adapted and others need to be newly introduced. 

In  the  interest  of  clarity  and  efficiency,  Directive  88/388/EEC  is  replaced  by  the 
present proposal. The main objectives are: 

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to clarify the scope of legislation on flavourings; 

to modernise and adapt the existing legislation on flavourings to technological 
and scientific developments;  

to establish clear evaluation and authorisation procedures; 

to better inform the consumer about the use of natural flavourings; 

to  adapt  to  the  requirements  of  Regulation  (EC)  N°  882/2004  on  official 
controls  performed  to  ensure  the  verification  with  feed  and  food  law,  animal 
health and animal welfare rules.  

The proposed  Regulation on flavourings forms  part  of  the  package  of  proposals  on 
'food improvement agents'. This package of proposals refers to food additives, food 
enzymes  and  flavourings.  It  contributes  to  the  Commission’s  simplification 
programme and also provides for harmonisation not only in their respective fields but 
also  promotes  consistency  between  the  three  related  areas.  An  additional  fourth 
proposal within the package will establish a single common authorisation procedure 
for the evaluation and approval of these substances.  

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 exempt certain aspects of the legislation from applying 
when  only  herbs  and  spices  have  been  added  to  food.  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 creating more legal certainty for producers and users of 
flavourings by extending the deadline for the adoption of the community list of 
flavouring  substances.  Other  amendments  strengthen 
the  precautionary 
principle  and  further  clarify  the  principle  of  not  misleading  the  consumer. 
Additionally a number of technical changes have been introduced as a result of 
the  replacement  of  the  spirit  drink  Regulation  (EEC)  No  1576/89  by  a  new 
Regulation (EC) No 110/2008. 

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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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