CELEX: 51986PC0384
Language: en
Date: 1986-07-09
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE FOURTH TIME DIRECTIVE 70/357/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE ANTIOXIDANTS AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION

No C 197/10                              Official Journal of the European Communities                                  6.8.86
                          Article 7                                 matters under consideration. Opinions shall be delivered
                                                                    by a qualified majority of 54 votes.
1.    Applications for payment shall relate to expenditure
incurred by Spain during the calendar year and shall be             4.    The Commission shall adopt the measures and shall
submitted to the Commission before 1 July of the                    apply them immediately where they are in accordance
following year.                                                     with the opinion of the Committee. Where they are not
                                                                    in accordance with the opinion of the Committee, or if
2.    Article 7 (1) of Regulation (EEC) No 729/70 shall             no opinion is delivered, the Commission shall without
apply to the decisions adopted by the Commission                    delay propose to the Council the measures to be taken.
relating to the financing of this measure by the                    The Council shall adopt the measures by a qualified
Community.                                                          majority.
3.    Detailed rules for the application of this Article            If, within three months from the date on which the
shall be adopted in accordance with the procedure laid              proposal was submitted to it, the Council has not
down in Article 13 of Regulation (EEC) No 729/70.                   adopted any measures, the Commission shall adopt the
                                                                    proposed measures and shall apply them immediately.
                          Article 8
                                                                                            Article 10
Regulation (EEC) No 129/70 and Articles 8 and 9 of
Regulation (EEC) No 729/70 shall apply mutatis                      1.    The Commission shall monitor the situation with
mutandis.                                                           regard to African swine fever in Spain and the
                                                                    implementation of the eradication plan. The Commission
                          Article 9                                 shall inform the Member States within the Committee of
                                                                    developments regularly, at least once a year, in the light
1.    Where the procedure laid down in this Article is to           of the information provided by the Spanish authorities,
be followed, matters shall be referred without delay by             who shall submit a progress report to the Commission
the chairman, either on his own initiative or at the                together with the applications for payment, and any
request of a Member State, to the Standing Veterinary               reports from experts who, acting on behalf of the
Committee (hereinafter called the 'Committee') set up by            Community and appointed by the Commission, have
Decision 68/361 /EEC.                                               visited Spain.
2.    Within the Committee, the votes of Member States              2.    Should the need arise to amend the eradication
shall be weighted as laid down in Article 148 (2) of the            plan in the course of its execution, a new decision
Treaty. The chairman shall not vote.                                approving it shall be taken in accordance with the
                                                                    procedure laid down in Article 9.
3.    The representative of the Commission shall submit
a draft of the measures to be adopted. The Committee                                        Article 11
shall deliver its opinion on such measures within the time
limit set by the chairman according to the urgency of the           This Decision is addressed to the Kingdom of Spain.
              Proposal for a Council Directive amending for the fourth time Directive 70/357/EEC on the
              approximation of the laws of the Member States concerning the antioxidants authorized for use
                                         in foodstuffs intended for human consumption
                                                        COM(86) 384 final
                                 (Submitted by the Commission to the Council on 15 July 1986)
                                                          (86/C 197/11)
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              Having regard to the Treaty establishing the European Economic Community, and in
              particular Article 100 thereof,
              Having regard to the proposal from the Commission ('),
              Having regard to the opinion of the European Parliament,
              Having regard to the opinion of the Economic and Social Committee,
 ---pagebreak--- 6. 8. 86                            Official Journal of the European Communities                                No C 197/11
         Whereas Article 2 of Council Directive 70/357/EEC (*) as last amended by Directive 81/962/
         EEC (2), permits Member States to authorize in their territory the use in foodstuffs of calcium
         disodium ethylene diamine tetra-acetate until 31 December 1986;
         Whereas the technological usefulness of calcium disodium ethylene diamine tetra-acetate as an
         antioxidant has been demonstrated throughout the Community in certain foodstuffs;
         Whereas, according to toxicological information, this use presents no hazard to public health
         provided that calcium disodium ethylene diamine tetra-acetate is not used in foods intended for
         the particular nutritional use of infants or young children within the meaning of Article 1 of
         Council Directive 77/94/EEC of 21 December 1976 on the approximation of the laws of the
         Member States relating to foodstuffs for particular nutritional uses (3),
         HAS ADOPTED THIS DIRECTIVE:
                                                        Article 1
         Directive 70/357/EEC is hereby amended as follows:
         1. Article 2 is deleted.
         2. Article 9 is replaced by the following:
             'Article 9
             1.    Member States shall authorize the use of the substances listed in Parts I to III of the
             Annex only under the conditions set out therein.
             2.    Where conditions of use are not laid down in the Annex, this Directive shall not affect
             national laws specifying the foodstuffs to which the substances listed in Parts I to III of the
             Annex may be added and the conditions governing the addition of such substances.
             However, such laws must not have the effect of totally excluding the use in foodstuffs of
             any of the substances listed in the Annex.'
         3. The Annex is amended by the addition of a third column entitled 'Conditions of Use'.
         4. Part I of the Annex is amended by the addition of the following:
                EEC No                Name                                    Conditions of use
                 E 385      Calcium disodium           Solely in the foodstuffs listed below which are not
                            ethylene diamine tetra-    intended for the particular nutritional use of infants or
                            acetate                    young children within the meaning of Article 1 of
                                                       Directive 77/94/EEC, provided that the residues do not
                                                       exceed the limits specified:
                                                       — mayonnaise and condiment sauces              75 mg/kg
                                                       — conserves of red beans,
                                                           chick peas, lentils and broad beans       250 mg/kg
                                                        Article 2
         Member States shall bring into force the laws, regulations and administrative provisions
         necessary to comply with this Directive [not later than 12 months after its notification.] They
         shall forthwith inform the Commission thereof.
                                                        Article 3
         This Directive is addressed to the Member States.
         C) OJ No L 157, 18. 7. 1970, p. 31.
         (2) OJ No L 354, 9. 12. 1981, p. 22.
         (3) OJ No L 26, 31. 1. 1977, p. 55.