CELEX: 51992PC0255(01)
Language: en
Date: 1992-06-17
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 89/107/EEC on the approximation of the laws of Member states concerning food additives intended for human consumption

13 . 8 . 92                             Official Journal of the European Communities                                     No C 206 / 1
                                                                   II
                                                        (Preparatory Acts)
                                                    COMMISSION
              Proposal for a Council Directive amending Directive 89/ 107/ EEC on the approximation of the laws
                        of Member States concerning food additives intended for human consumption.
                                                          ( 92 / C 206 / 01 )
                                                 COM(92) 255 final — SYN 424
                                        (Submitted by the Commission on 18 June 1992)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             HAS ADOPTED THIS DIRECTIVE :
 Having regard to the Treaty establishing the European
 Economic Community , and in particular Article 100 A.                                              Article 1
 thereof,
                                                                       Directive 89 / 107 / EEC (') is modified as follows:
 Having regard to the proposal from the Commission ,
                                                                       1 . the following point ( e ) is added to Article 3 ( 3 ):
in cooperation with the European Parliament ,                               '(e ) where appropriate , rules by which a Member State
                                                                                  may forbid the use of certain additives in foodstuffs ,
                                                                                  considered as traditional products , produced on its
Having regard to the opinion of the Economic and Social                           territory , provided this prohibition existed at 1
Committee ,                                                                       January 1992 and provided that the free circulation
                                                                                  of goods is not affected ;
Whereas rules for harmonization in the field of additives
should not affect the application of national provisions                          without prejudice to the rules the Member State
guaranteeing the quality of traditional foodstuffs ;                              concerned may apply in conformity with the
                                                                                  Treaty , this Member State shall however permit on
                                                                                  its territory the production of non-traditional
Whereas these products could be distinguished by an                               products in conformity with the Directives on
appropriate labelling;                                                            additives .';
                                                                      2 . Article 11 is replaced by the following:
Whereas the freedom of establishment on the territory of
each Member State and the production and free circulation of
foodstuffs conforming with Directives concerning additives
                                                                           'The Commission is assisted by the Standing Committee
should not be affected;
                                                                            for Foodstuffs as created by Council Decision
                                                                            69 / 414 / EEC (*).
Whereas the authorization to maintain national legislation                 The representative of the Commission shall submit to the
should be subject to strict rules, they will be adopted using              Committee a draft of the measures to be taken . The
the Standing Committee for Foodstuffs as an Advisory
Committee ,                                                           (>) OJ No L 40 , 11 . 2 . 1989 , p. 27 .
 ---pagebreak--- No C 206 / 2                           Official Journal of the European Communities                                     13 . 8 . 92
   Committee shall deliver its opinion on the draft, within a                                Article 2
   time limit which the chairman may lay down according
   to the urgency of the matter, if necessary by taking a         Member States shall bring into force the laws , regulations
   vote .                                                         and administrative provisions necessary to comply with this
                                                                  Directive not later than 1 June 1993 .
   The opinion shall be recorded in the minutes ; in              They shall forthwith inform the Commission thereof.
   addition, each Member State shall have the right to ask to
   have its position recorded in the minutes.                     When Member States adopt these measures, they shall
                                                                  contain a reference to this Directive or shall be accompanied
                                                                  by such reference on the occasion of their official publication .
   The Commission shall take the utmost account of the            The methods of making such a reference shall be laid down
   opinion delivered by the committee. It shall inform the        by the Member States .
   Committee of the manner in which its opinion has been
   taken into account .'
                                                                                             Article 3
   (*) OJ No L 291 , 19 . 11 . 1969 , p. 9 .                      This Directive is addressed to the Member States .