Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

Brussels, 10 06 1996
COM(96) 270 final - COD 478

**OPINION OF THE COMMISSION**
**pursuant to Article 189 b (2) (d) of the EC Treaty,**

**on the European Parliament's amendments**
**to the Council's common position regarding the**

**proposal for a**
**EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EC)**

**laying down a Community procedure for flavouring substances**
**used or intended for use in foodstuffs.**

**AMENDING THE PROPOSAL OF THE COMMISSION**

**pursuant to Article** **189** **a (2) of the EC Treaty**

On 22 May 1996 the European Parliament adopted 2 amendments to the common

position adopted by the Council on 22 December 1995 in respect of the Commission

proposal for a Regulation of the European Parliament and the Council laying down a

Community procedure for flavouring substances used or intended for use in foodstuffs [1] .

In accordance with paragraph 2 (d) of Article 189b of the EC Treaty, the Commission is

able to give a favourable opinion on the 2 amendments adopted by Parliament for the

following reasons:

the Commission can accept the addition of a recital on the re-evaluation by the

Scientific Committee for Food of already authorised flavounng substances,

produced by different methods. This principle is already applied in the directive on

purity criteria for food additives recently adopted by the Commission.

the Commission can accept the amendment concerning the designation of substances

in the positive list. The Commission agrees that intellectual property shall be

protected. It will however be necessary to elaborate an appropriate and transparent

procedure which at the same time protects intellectual properties and the interests of

the consumer.

1 COM (93) 609 final; COD 478; O J . N ° C 1„ 4.1.1994. COM (94) 236 final; O.J. N° C 171. 24.6.1994, p. I 1

Amended proposal for a

EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EC)

**laying** **down** **a Community procedure for flavouring substances**

**used or intended for use in foodstuffs.**

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

**- 3 -**

**Current Proposal** **Amended** **Proposal**

Recital 9

Whereas this list must be open-ended and Whereas this list must be open-ended and
capable of being amended in the light of capable of being amended in the light of
scientific and technical developements scientific and technical developements.

Whereas already authorised flavouring
substances, which are to be produced in
processes or with primary substances

which were not the basis for the Scientific

Committee for Food's assessment, shall be

resubmitted to the Scientific Committe for

Food for a complete assessment.

Article 3(2)

On the basis of the notification provided
for in paragraph 1, and following
Commission scrutiny of the notification,
in the light of subparagraph (c), flavouring
substances, the legal use of which in one
Member State must be recognized by the

other Member States shall be entered in a

register which shall be adopted in
accordance with the procedure laid down
in Article 7 within a year of the end of the
notification period provided for in
paragraph 1. If necessary, this register
may comprise conditions of use.

On the basis of the notification provided
for in paragraph 1, and following
Commission scrutiny of the notification,
in the light of subparagraph (c), flavouring
substances, the legal use of which in one
Member State must be recognized by the

other Member States shall be entered in a

register which shall be adopted in
accordance with the procedure laid down
in Article 7 within a year of the end of the
notification period provided for in
paragraph 1. If necessary, this register
may comprise conditions of use.

Flavouring substances shall be designated
in such a way as to protect the intellectual
property rights of the flavouring
substances' producer.

#### **ISSN 0254-1475**

## **COM(96) 270 final**

# **DOCUMENTS**

## **EN m**

### **Catalogue number : CB-CO-96-280-EN-C** **ISBN 92-78-05358-9**

**Office for Official Publications of the European Communities**

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