CELEX: 51995PC0126
Language: en
Date: 1995-04-19
Title: Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on the maintenance of national laws prohibiting the use of certain additives in the production of certain foodstuffs

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51995PC0126

Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on the maintenance of national laws prohibiting the use of certain additives in the production of certain foodstuffs  /* COM/95/126FINAL - COD 95/0085 */  

Official Journal C 134 , 01/06/1995 P. 0020

Proposal for a European Parliament and  Council Decision on the maintenance of national laws prohibiting the use of certain additives in  the production of certain foodstuffs(95/C  134/10)COM(95) 126 final - 95/0085(COD) (Submitted by the Commission on 19 April 1995)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF  THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular Article 100a  thereof, Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws  of the Member States concerning food additives authorized for use in foodstuffs intended for human  consumption  (1), as amended by Directive 94/34/EC  (2), and in particular Article 3a thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with the procedure referred to in Article 189b of the Treaty, Whereas the rules on additives harmonization ought not to affect the application of provisions in  force in the Member States on 1 January 1992 which prohibit the use of certain additives in certain  specific foodstuffs considered traditional and produced on their territory; Whereas the list of foodstuffs considered traditional must be drawn up on the basis of  notifications made by the Member States to the Commission before 1 July 1994; whereas, however,  notifications from the new Member States sent after that date must be considered; Whereas, however, the general purpose of this Decision is not to define the traditional character  of foodstuffs; whereas, in particular, traditional character is not determined simply by a  prohibition on the use of additives in such products; Whereas, however, account must be taken of how significant the national legal prohibition in force  on 1 January 1992 on the use of certain categories of additives is in foodstuff production  practices as a whole; whereas the particular features of such a means of production should be  retained; whereas account should be taken of fair practice in commercial transactions involving  these products and in respect of consumers so as to be able to authorize the maintenance of the  prohibition on the use of certain categories of additives; Whereas designation of a product as a traditional product for which a Member State might maintain  its national legislation must be without prejudice to the provisions of Regulations (EEC) No  2081/92  (1) and (EEC) No 2082/92  (2) on designation of origin and certificates of specific  character respectively; Whereas Directive 89/107/EEC and its implementing directives only authorize additives which do not  harm human health; whereas protection of public health cannot therefore be a criterion warranting  prohibition of the use of certain additives in certain specific foodstuffs considered traditional; Whereas prohibition of the use of certain additives must not lead to discrimination with regard to  other additives belonging to the same category as mentioned in Annex I to Directive 89/107/EEC and  so must not affect Community harmonization; Whereas, in the interests of transparency, bans on the use of certain categories of additive in  certain categories of foodstuff which Member States may maintain in derogation from the provisions  of Directive 89/107/EEC and its specific Directives 94/35/EC  (3), 94/36/EC  (4) and 95/.  .  ./EC  should be identified; Whereas freedom of establishment and the free movement of goods must not be jeopardized either by  the authorization to maintain national laws thus granted or by any regulations on labelling to  distinguish these products from similar foodstuffs; whereas the free movement, placing on the  market and manufacture in all Member States of similar foodstuffs considered traditional or  non-traditional must therefore be maintained in accordance with the provisions of the Treaty, HAVE DECIDED AS FOLLOWS: Article 1 Pursuant to Article 3a of Directive 89/107/EEC, as amended by  Directive 94/34/EC, and under the conditions specified therein, the Member States listed in the  Annex are hereby authorized to maintain in their legislation the prohibition on the use of  categories of additives in the production of the corresponding foodstuffs listed in that Annex. This Decision shall be applied without prejudice to Regulations (EEC) No 2081/92 and No (EEC)  2082/92. Article 2 This Decision is addressed to the Member States. (1) OJ No L 40, 11. 2. 1989, p. 27.  (2) OJ No L 237, 10. 9. 1994, p. 1.  (1) OJ No L 208, 24. 7. 1992, p. 1.  (2) OJ No L 208, 24. 7. 1992, p. 9.  (3) OJ No L 237, 10. 9. 1994, p. 3.  (4) OJ No L 237, 10. 9. 1994, p. 13.   ANNEX TABLE OF PRODUCTS FOR WHICH THE MEMBER STATES CONCERNED MAY MAINTAIN THE  PROHIBITION OF CERTAIN CATEGORIES OF ADDITIVE >TABLE>