CELEX: 51995PC0586
Language: en
Date: 1995-12-04
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 89/398/EEC on the approximation of the laws of Member States relating to foodstuffs intended for particular nutritional uses

COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                          Brussels, 04.12.1995
                                                          COM(95) 586 final
                                                          94/0327 (COD)
                                   Amended proposal for a
               EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
amending Directive 89/398/EEC on the approximation of the laws of Member States relating to
                        foodstuffs intended for particular nutritional uses
               (presented by the Commission pursuant to Article 189 a (2)
                                       of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                  Explanatory memorandum
In response lo the opinion of the European Parliament1 delivered on I I October 1995 on
the proposal for a European Parliament and Council Directive amending Directive
S9/19X/1TX" on the approximation of the laws of Member Slates relating to foodstuffs
intended for particular nutritional uses2 which aimed to lay down a rapid procedure for a
temporary authorisation of compositional rules resulting from scientific and technological
innovation, and in accordance with article 189A of the EC1 Treaty, the Commission has
decided to amend the above mentioned proposal.
The Commission has accepted the amendments relating to :
- the introduction of a new recital referring to the agreement on a "modus vivendi"
    between the European Parliament, the Council and the Commission (amendments I
    and 7).
 The Commission did not accept the amendments concerning :
- the introduction in the 6th recital (amendment 5) and in article 1 (amendment 6) of the
    Standing Committee procedure laid down in article 13 of Directive 89/398/EEC for the
    granting of the temporary authorisation because this would empty the Commission's
    proposal of its substance.
I lowever, in keeping with the spirit of Parliament's amendments I and 7, the Commission
has amended its original proposal in order to incorporate an express reference to a
consultative committee type procedure (procedure I laid down by Council Decision
87/373/EEQ3.
'O.J
2
  O.J. N°C389 31.12.94, p. 21
H).J. N°L 197, 18.7.1987, p. 33
                                               Z
 ---pagebreak---                                 Amended proposal for a
          EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
amending Directive 89/398/EEC on the approximation of the laws of Member States relating to
                       foodstuffs intended for particular nutritituval uses
                                                 3
 ---pagebreak--- In response to the opinion of the European Parliament4 delivered on 11 October 1995 on
the proposal for a European Parliament and Council Directive amending Directive
89/ 39X/EEC on the approximation of the laws o\' the Member Slates relating to
loodslulls intended lor particular nutritional uses' and in accordance with Article I 89A oi
the EC Treaty, the Commission has decided to amend the above proposal as follows :
Original proposal                                                   Amended proposal
                                                          The following new first recital is added :
                                                          Whereas an agreement on a 'modus
                                                          vivendi'      between      the      European
                                                          Parliament,     the     Council    and   the
                                                          Commission            concerning         the
                                                          implementing measures for acts adopted
                                                          (ll_açcor(,lancc with the procedure laid
                                                          down in Article I X9b of the EC Treaty
                                                          was reached on 20 December 1994.
                                               Article 1
                                                          Directive 89/398/EEC is amended as
                                                          follows :
        1. In article 4 of Directive 89/398/EEC.          1. In article 4 of Directive 89/398/EEC,
           the following paragraph la is added                the following paragraph la is added
           "la. To enable foodstuffs intended for         "la. To enable foodstuffs intended for
           particular      nutritional    uses    and         particular    nutritional     uses    and
           resulting      from      scientific    and         resulting     from      scientific    and
           technological progress to be placed on             technological progress to be placed on
           the market rapidly, the Commission                 the market rapidly, the Commission
           may, after consulting the Scientific               may, after consulting the Scientific
           Committee for Food and the Member                  Committee       for   Food,      and    m
            States represented within the Standing            accordance with the procedure laid
           Committee for Foodstuffs.                          down in Article 13a.
   o.
 5
   O.J. N° C389, 31.12.94, p. 21
                                                    *
 ---pagebreak--- authorise for a two-y«ar period the            authorise    for a two-year period        the
marketing of food which does not comply        marketing of food which does not comply
with the nates as to composition laid          with the rules as to composition laid
down by the specific directives refetred       down by the specific directives referred
to in Annex 1.       Where necessary, the      to in Annex 1.        Where necessary, the
Commission       may     include    in   the   Commission       may     include     in   the
authorisation    decision   labelling  rules   authorisation    decision   labelling   rules
relating to the charge in composition."        relating to the charge in composition."
                                               2. The following Article 13a is inserted
                                                               Article 13 a
                                               "Where the procedure laid down in this
                                               Article is to be followed, the chairman
                                               shall refer the matter to the Standing
                                               Committee for Foodstuffs,          hereinafter
                                               referred to as 'the Committee', either on
                                               his own initiative or at the request of the
                                               representative of a Member State.
                                               ITie representative of the Commission
                                               shall suhmit to the committee a draft ol
                                               the measures to be taken, within a time-
                                                limit which the chairman may lay down
                                                according to the urgency of the matter, if
                                                necessary by taking a vote.
                                                The opinion shall be recorded in the
                                                minutes: in addition, each Member States
                                                shall have the right to ask to have its
                                                position recorded in the minutes.
                                                The Commission shall take the utmost
                                                account of the opinion delivered by the
                                                Committee.        J_t_ shall   inform     the
                                                Committee of the manner in which ils
                                                opinion has been taken into account."
                                             S
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(95) 586 final
                                              DOCUMENTS
EN                                                                          06 10
                                     Catalogue number : CB-CO-95-620-EN-C
                                                                ISBN 92-77-96401-4
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