CELEX: 51988PC0852
Language: en
Date: 1989-01-05
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE: ADDITIVES IN FOODSTUFFS

No C 32/8                              Official Journal of the European Communities                                  8. 2. 89
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
                          Re-examined proposal for a Council Directive on additives in foodstuffs (')
                                                 COM(88) 852 final — SYN 48
                (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 5 January
                                                              1989)
                                                         (89/C 32/15)
                                                                    3.    Before the two-year period stipulated in paragraph
                                                                     1 (a) has expired the Member State may request the
                           Article 5                                Commission to include in the list, adopted in accordance
1.     In order to take account of scientific or technical          with Article 3, the additive which had been the subject of
developments which have occurred since the adoption of              national authorization pursuant to paragraph 1 of this
a list in accordance with Article 3, a Member State may             Article. At the same time, the Member State shall provide
provisionally authorize the marketing and use within its            the evidence which, in its view, supports such inclusion
territory of an additive from one of the categories listed          and shall indicate how the additive is to be used. If the
in Annex I and not included in the relevant list provided           Commission considers this request to be justified, it shall
that the following conditions are satisfied:                        operate the procedure laid down in Article 100A of the
                                                                    Treaty in order to amend the list adopted in accordance
(a) the authorization shall be limited to a maximum                 with Article 3. The Council shall act on a proposal from
     period of two years;                                           the Commission within 18 months from the date on
                                                                    which the matter was referred to it.
(b) the Member State shall ensure that foodstuffs
     containing an additive which it has authorized are
     officially monitored;                                          4.    If, within the two- year period stipulated in
                                                                    paragraph 1, the Commission does not submit a proposal
(c) in the authorization the Member State may require
                                                                    in accordance with paragraph 3, or if the Council does
     that foodstuffs manufactured with the additive in
                                                                    not act within the 18-month period stipulated in
     question shall bear a special indication.
                                                                    paragraph 3, the national authorization must be
2.    The Member State shall communicate to the other               cancelled. At the same time, any authorization granted
Member States and to the Commission the text of any                 by another Member State for the same additive must be
                                                                    cancelled.
authorization decision adopted pursuant to paragraph 1
within two months of the date on which the decision
takes effect.                                                       5.    No new authorization for the same additive may be
                                                                    granted unless the scientific or technical development
                                                                    made since the cancellation provided for in paragraph 4
(') OJ No C 154, 12. 6. 1987, p. 11.                                so justifies.