CELEX: 51988PC0227
Language: en
Date: 1988-04-20
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES ON EXTRACTION SOLVENTS USED IN THE PRODUCTION OF FOODSTUFFS AND FOOD INGREDIENTS

10. 6. 88                               Official Journal of the European Communities                            No C 152/7
  (vi) Articles 6 and 7 are deleted.                                     the adoption of the decisions to be taken by the
                                                                         Council on a proposal from the Commission.
 (vii) Article 9 (2) is amended as follows:                              When the vote is taken in the Committee, the
       The first paragraph becomes:                                      votes of the representatives of the Member States
       'Without . . . exclusively:                                       shall be weighted in accordance with the above
       — flavouring substances as defined in Article 1                   Article. The chairman shall not vote. The
                                                                         Commission shall adopt the intended measures
            (2) (b) (i),
                                                                         when they are in accordance with the opinion of
       — and/or flavouring preparations as defined in                    the Committee or in the absence of any opinion,
            Article 1 (2) (c).'                                          the Commission shall forthwith submit to the
       The second paragraph becomes:                                     Council a proposal relating to the measures to be
       'If the sales description . . . unless all flavouring             taken. The Council shall act by qualified majority.'
       components have been . . . solely or mainly . . .
       concerned.'                                                       Paragraphs 3 (a) and (b) are deleted.
(viii) Article 11 (2) is amended as follows:                             Paragraph 3 (c) becomes new paragraph 3 and is
       (these provisions also replace paragraphs 3 (a) and               amended as follows:
       (b):                                                              '3.    If the Council has not taken a decision
       '2.    The Commission representative . . . matter.                within three months from the date on which the
       The opinion shall be delivered with the majority                  matter was referred to the Council, the proposed
       provided for in Article 148 (2) of the Treaty for                 measures shall be adopted by the Commission.'
              Re-examined proposal for a Council Directive on the approximation of the laws of the Member
                 States on extraction solvents used in the production of foodstuffs and food ingredients (')
                                                COM(88) 227 final — SYN 29
              Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 20 April 1988)
                                                         (88/C 152/10)
              The following amendments are proposed by the Commission to its proposal of 28 October
              1983 (as modified on 8 March 1985):
              The Commission assents to the common position of the Council as described in Council
              document 7261/87 of 22 June 1987 subject to the following amendments:
               (i) Article 2 (5) is amended as follows:
                   'Within two years of the adoption of this Directive, the Commission shall, after consulting
                   the Scientific Committee for Food, re-examine the provisions relating to Part 1 of the
                   Annex and the following substances and shall propose any necessary amendments acting in
                   accordance with the procedure laid down in Article 100A of the Treaty:'
                   (rest unchanged)
              (ii) Article 6 is amended as follows:
                   '1.    Where the procedure laid down in this Article is to be followed, the chairman shall
                   refer the matter to the Standing Committee for Foodstuffs.
                   2.    The representative of the Commission shall submit to the Committee a draft of the
                   measures to be taken. The Committee shall deliver its opinion on the draft within a period
                   which the chairman may lay down according to the urgency of the matter. The opinion
                   shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of
                   decisions which the Council is required to adopt on a proposal from the Commission. The
                   votes of the representatives of the Member States within the committee shall be weighted in
                   the manner set out in that Article. The chairman shall not vote.
              (') OJ No C 77, 23. 3. 1985, p. 7.
 ---pagebreak--- No C 152/8                              Official Journal of the European Communities                               10. 6. 88
                 3. (a) The Commission shall adopt the intended measures when they are in accordance
                         with the Committee's opinion.
                    (b) Where the intended measures are not in accordance with the opinion of the
                         Committee, or in the absence of any opinion, the Commission shall forthwith
                         submit to the Council a proposal relating to the measures to be taken. The Council
                         shall act by a qualified majority.
                         If, on the expiry of three months from the date on which the matter was referred to
                         it, the Council has not acted, the proposed measures shall be adopted by the
                         Commission.'
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 729/70 on the
                                         financing of the common agricultural policy
                                                      COM(88) 230 final
                                       (Submitted by the Commission on 27 April 1988)
                                                         (88/C 152/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           1. The following words in the last subparagraph of
                                                                      Article 4 (2) are deleted:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                      'and until the adoption of final arrangements in
thereof,                                                              conjunction with the decisions concerning the future
                                                                      financing of the Community.'
Having regard to the proposal from the Commission,
                                                                   2. The last subparagraph of Article 5 (2) (a) is replaced
In cooperation with the European Parliament,                          by the following:
Whereas by Regulation (EEC) No 3183 ('), the Council                  'From January 1988, the Commission shall decide
adapted its Regulation (EEC) No 729/70 of 21 April on                 solely on monthly advances against booking of expen-
the financing of the common agricultural policy (2) with              diture effected from the financial resources referred
a view to enabling the Community to ensure the                        to in the third subparagraph of Article 4 (2). Expen-
financing of the expenditure provided for in the various              diture for October shall be attached to October if it is
Regulations on the common market organizations in                     effected from 1 to 15 October and to November if it
situations where relevant available appropriations are                is effected from 16 to 31 October. Advance payments
exhausted; whereas the adaptation consists essentially in             shall be made before the 20th of the second month
a two-month delay between fundings by the Member                      following that in which the expenditure is disbursed
States from their own financial resources and the                     by the paying agencies. However, advance payments
booking of such expenditure by the advance payments                    against booking of expenditure effected from 16
made to the Member States by the Community;                            October to 30 November shall be paid not later than
                                                                      the third working day in January.'
Whereas, with a view to ensuring continuity of the
payments provided for by the various marked organiz-
                                                                                             Article 2
 ations, the two-month delay introduced by Regulation
(EEC) No 3183/87 should be extended to two-and-                    This Regulation shall enter into force on the third day
a-half months,                                                     following its publication in the Official Journal of the
                                                                   European Communities.
HAS ADOPTED THIS REGULATION:
                                                                   This Regulation shall apply for the first time to expen-
                           Article 1                               diture for October 1988.
 Regulation (EEC) No 729/70 is hereby amended as                   This Regulation shall be binding in its entirety and
follows:                                                           directly applicable in all Member States.
 (") OJ No L 304, 27. 10. 1987, p. 1.
 (2) OJ No L 94, 28. 4. 1970, p. 13.