IN THE ABSENCE OF HARMONIZATION , TO DECIDE WHAT DEGREE OF PROTECTION OF THE HEALTH AND LIFE OF HUMANS THEY INTEND TO ASSURE , HAVING REGARD HOWEVER TO THE REQUIREMENTS OF THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY .
20 ALTHOUGH , FOR THOSE PURPOSES , MEMBER STATES MUST TAKE INTO ACCOUNT THE RESULTS OF INTERNATIONAL SCIENTIFIC RESEARCH AND , IN PARTICULAR , THE WORK OF THE COMMUNITY ' S SCIENTIFIC COMMITTEE FOR FOOD , IT MUST NEVERTHELESS BE EMPHASIZED THAT THE OPINIONS OF THAT COMMITTEE DO NOT HAVE BINDING FORCE . IN ADDITION , THE FACT THAT A FIGURE FOR THE ACCEPTABLE DAILY INTAKE OF AN ADDITIVE IS INDICATED SHOWS THAT THE USE OF THAT SUBSTANCE IS LIABLE TO CREATE A RISK BEYOND A CERTAIN THRESHOLD AND , LIKE THE AUTHORIZATION OF THE AUTHORITIES OF THE EXPORTING MEMBER STATE , FAILS TO REMOVE UNCERTAINTIES ARISING FROM THE DIFFERENCES BETWEEN THE EATING HABITS IN THE DIFFERENT MEMBER STATES . THE OPINIONS OF THE COMMITTEE CANNOT THEREFORE ABROGATE THE RESPONSIBILITY OF NATIONAL AUTHORITIES FOR THE PROTECTION OF HEALTH IN THE ABSENCE OF BINDING RULES AND EFFECTIVE SUPERVISORY MEASURES AT THE COMMUNITY LEVEL .
21 IT MUST BE ADDED THAT , IN ACCORDANCE WITH A JOINT APPROACH ADOPTED BY THE MEMBER STATES INTENDED TO LIMIT AS MUCH AS POSSIBLE THE USE OF ADDITIVES , THE QUESTION WHETHER AN ADDITIVE MAY BE USED IN THE PREPARATION OF A SPECIFIC FOODSTUFF DOES NOT DEPEND SOLELY ON THE DEGREE OF HARMFULNESS OF THE ADDITIVE ; THE NECESSITY OF ADDING IT TO THE FOODSTUFF IN QUESTION IS ALSO RELEVANT . THAT PROBLEM WAS DEALT WITH BY THE SCIENTIFIC COMMITTEE FOR FOOD IN ITS REPORT OF 22 FEBRUARY 1980 WHICH WAS THE SUBJECT OF THE COMMISSION RECOMMENDATION OF 11 NOVEMBER 1980 ADDRESSED TO THE MEMBER STATES CONCERNING TESTS RELATING TO THE SAFETY EVALUATION OF FOOD ADDITIVES ( OFFICIAL JOURNAL 1980 , L 320 , P . 36 ). IN THAT REPORT THE COMMITTEE STATES THAT FOR AN ADDITIVE TO BE AUTHORIZED IT MUST BE ESTABLISHED THAT THE USE FOR WHICH IT IS INTENDED CORRESPONDS TO A NEED WHICH MAY BE TECHNOLOGICAL OR ECONOMIC OR AGAIN , AS FAR AS FLAVOURING AND COLOURING MATTERS ARE CONCERNED , ORGANOLEPTIC OR PSYCHOLOGICAL .
22 IT FOLLOWS THAT COMMUNITY LAW AS IT NOW STANDS DOES NOT PRECLUDE THE APPLICATION , EVEN TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES , OF A NATIONAL AUTHORIZATION PROCEDURE FOR THE MARKETING OF COLOURED FOODSTUFFS BASED ON AN ASSESSMENT OF THE EXISTENCE OF A NEED TO COLOUR THE FOODSTUFF IN QUESTION AND A SCIENTIFIC EVALUATION OF THE RISK WHICH THE COLOURANT USED MAY REPRESENT FOR HUMAN HEALTH .
23 NEVERTHELESS THE PRINCIPLE OF PROPORTIONALITY WHICH UNDERLIES THE LAST SENTENCE OF ARTICLE 36 OF THE TREATY REQUIRES THAT THE POWER OF THE MEMBER STATES TO PROHIBIT IMPORTS OF THE PRODUCTS IN QUESTION FROM OTHER MEMBER STATES SHOULD BE RESTRICTED TO WHAT IS NECESSARY TO ATTAIN THE LEGITIMATE AIM OF PROTECTING HEALTH AND THAT , CONSEQUENTLY ,