CELEX: 51987PC0243
Language: en
Date: 1987-05-19
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING FOOD ADDITIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION

12. 6. 87                                  Official Journal of the European Communities                                 N o C 154/11
         — (indents 1 to 9 of the proposal unchanged),                            — a reference to where the date is given on the
                                                                                       labelling.
         — (tenth indent) edible ices put up in individual
              portions for immediate consumption after sale,                       These particulars shall be followed           by a
                                                                                  description of the storage conditions which must
         — (eleventh indent of the proposal unchanged).'                          be observed.
                                                                                   The date shall consist of the day, month and on a
5. Insert the following paragraph 14a (new) in Article 1:
                                                                                  voluntary basis, the year, in that order and in
    '14a. Insert the following Article 9a:                                        uncodedform.'
                                                                       6. Article 1 (16) is replaced by the following:
           Article 9a
                                                                           '16. Article 11 (1) (b) is replaced by the following:
           1.     In the case of foodstuffs which, from the                      (b) Notwithstanding point (a) and without
           microbiological point of view, are highly                                 prejudice to Community provisions on
           perishable, and whose durability does not exceed                           nominal quantities, the particulars required
           seven days, the date of minimum durability shall                           under Articles 3 and 4 (2) need appear only
           be replaced by the date of last consumption.                               on the commercial documents referring to
                                                                                      the foodstuffs      when     the    latter   are
           2.     The date shall be precedeed by the words                           prepackaged and marketed at a stage prior to
           "use before ...".                                                          their sale to the ultimate consumer, if it can
                                                                                      be guaranteed that these documents, together
           These words shall be accompanied by:
                                                                                      with the labelling information, accompany the
           — either the date itself, or                                              foodstuffs to which they refer;'.
               Amended proposal for a Council Directive on the approximation of the laws of the Member
                States concerning food additives authorized for use in foodstuffs intended for human
                                                             consumption
                                                           COM(87) 243 final
                (Submitted by the Commission to the Council on 26 May 1987 pursuant to the second paragraph of
                                                    Article 149 of the EEC Treaty)
                                                            (87/C 154/09)
In response to the opinion delivered by the European                   Whereas the use of food additives belonging to such
Parliament on the proposal for a Directive sent by the                 categories should be authorized only on the basis of
Commission to the Council on the approximation of the                   agreed scientific and technological criteria laid down by
laws of the Member States concerning food additives                    the Council;
authorized for use in foodstuffs intended for human
consumption ('), and in accordance with the second
paragraph of Article 149 of the Treaty establishing the                Whereas in drawing up lists of additives and their
European Economic Community, the Commission has                         conditions of use the Scientific Committee for food, set
decided to amend the aforementioned proposal as                        up by Commission Decision 74/234/EEC should be
follows:                                                                consulted before the adoption of provisions likely to
                                                                        have an incidence in respect of public health;'.
  1. The third, fourth and fifth recitals are replaced by
      the following:
                                                                         2. Article 1 is amended as follows:
      'Whereas these requirements should be included in a
      comprehensive Directive, where necessary drawn up                      Paragraph 4 is deleted.
      in stages;
                                                                             (This modification applies to the German version
                                                                             only).
      Whereas the drawing up of lists of categories of
      food additives to be covered by this Directive is a
      matter to be decided by the Council under the
      procedure described by Article 100 of the Treaty;                  3. Article 2 (1) is replaced by the following:
                                                                             'In respect of any category of food additive listed in
(') OJ No C 116, 16. 5. 1986, p. 2.                                          Annex I for which lists have been drawn up,
 ---pagebreak--- N o C 154/12                              Official Journal of the European Communities                                    12.6.87
    pursuant to Article 3 (3) (a), only those food                       with the provisions of this Directive or any list
     additives included in such lists may be used in the                  drawn up under Article 3, endangers human health,
     manufacture or preparation of foodstuffs and only                    that Member State may temporarily suspend or
    under the conditions of use specified therein.'                       restrict application of the provisions in question in its
                                                                         territory. It shall immediatly inform the other
 4. Article 2 (3) is replaced by the following:                           Member States and the Commission thereof and give
                                                                         reasons for its decision.'
    'Food additives may only be included in a list on the
    basis of the criteria on safety and technological need            9. Article 4 (3) is amended as follows:
    described in Annex II. Restrictions may be imposed on
     any additive not only in respect of type, foodstuff and             'If the Commission considers that amendments to
     quantity but also in respect of technological purpose.'             this Directive, the existing specific Directives, or the
                                                                          comprehensive Directive drawn up under Article 3,
 5. Article 3 (1) is replaced by the following:                          are necessary in order to resolve the difficulties
                                                                         mentioned in paragraph 1 and to ensure the
     'Particular provisions in respect of each additive shall
                                                                         protection of human health, it shall initiate the
     be laid down in a comprehensive Directive. However,                 procedure laid down in Article 9, with a view to
     this Directive may be drawn up in stages.'                          adopting those amendments; the Member State
                                                                         which has adopted safeguard measures may in that
 6. Article 3 (2) is amended as follows:
                                                                         event retain them until the amendments have been
    'This comprehensive Directive, including existing                    adopted.'
    specific Directives on particular categories of
    additives shall be adopted according to the                      10. Article 5 (1) is amended as follows:
    procedure laid down in Article 9.'
                                                                         Paragraph (d) is replaced by:
 7. Article 3 (3) is amended as follows:                                 '(d) instructions for use.'
    'The comprehensive Directive shall include :                     11. Article 6 is amended as follows:
    (a) the list of substances, the use of which is auth-                Paragraph (d) is replaced by:
          orized to the exclusion of all others of the same
          kind, pursuant to Article 1, paragraph 2;                      '(d) any other information provided for in the
                                                                                comprehensive Directive referred to in Article 3.'
    Subparagraphs (b) to (f) are unchanged.
                                                                     12. Article 10 is replaced by:
    (g) where necessary, the purpose may be restricted.'
                                                                         '2.     Member States may not prohibit, restrict or
 8. Article 4 (1) is amended as follows:                                 obstruct the marketing of food additives, food or
                                                                         food ingredients on grounds relating to food
    'Where a Member State, as a result of new infor-
                                                                         additives, if these comply with the provisions of this
    mation or of a reassessment of existing information
                                                                         Directive, the existing specific Directives and the
    made since this Directive, or comprehensive
                                                                         comprehensive Directive to be adopted.
    Directive drawn up under Article 3, was adopted has
    detailed grounds for establishing that the addition to               3.     Paragraph 2 shall not affect national provisions
    food of one of the substances listed in one of the                   applicable in the absence of the Directive drawn up
    categories in Annex I or the maximum level of one                    pursuant to Article 3 (3).'
    or more of the components defined in the criteria of
    purity referred to in Article 3, although it complies            13. Article 12 is deleted.