CELEX: 51990PC0408
Language: en
Date: 1990-10-02
Title: PROPOSAL FOR A COUNCIL DIRECTIVE COMPLETING DIRECTIVE 88/388/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FLAVOURINGS FOR USE IN FOODSTUFFS AND TO SOURCE MATERIALS FOR THEIR PRODUCTION

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        C0M(90) 408 final
                                        Brussels, 2 0ctober1990
                          Proposal for a
                        COUNCIL DIRECTIVE
  completing Directive 88/388/EEC on the approximation of the
    laws of the Member States relating to flavourings for use
   In foodstuffs and to source materials for their production
                  (presented by the Commission)
 ---pagebreak--- EXPLANATORY MEMORANDUM
Council Directive 88/388/EEC on flavourings provides for provisions on the
labelling of flavourings intended for sale to the final consumer to be
adopted by the Standing Committee for Foodstuffs in conformity with the
procedure laid down in Article 10.
In accordance with the above procedure, this text was submitted to the
Standing Committee for Foodstuffs on 19 July 1990 which was unable to give
an op In ion.
Article 9 of the Directive concerning the labelling of flavourings not
intended for sale to the final consumer served as a basis for this draft.
This proposal is also modelled on Directive 79/112/EEC on foodstuffs
labelling and Directive 89/107/EEC on additives.
                                                                           e
 ---pagebreak---                                  CounciI Direct Ive
                                         of
              completing Directive 88/388/EEC on the approximation
                  of the laws of the Member States relating to
                         flavourings for use In foodstuffs
                  and to source materials for their production.
THE COUNCIL Of THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 88/388/EEC of 22 June 1988 on the
approximation of the laws of the Member States relating to flavourings for
use in foodstuffs and to source materials for their production (1), and in
particular Article 6(4) thereof,
Having regard to the proposal from the Commission,
Whereas differences between the laws, regulations and administrative
provisions of Member States on the labelling of flavourings intended for
sale to the final consumer may Impede the free circulation of these
products and lead to unequal conditions of competition;
Whereas the main objective of any provisions on the labelling of
flavourings should be the need to inform and protect the consumer;
Whereas in accordance with the procedure of article 10 of Council Directive
88/388/EEC, this text was submitted to the Standing Committee for
Foodstuffs which was unable to express an opinion and, whereas under the
same procedure, the Commission shall submit to the Council a proposal
relating to the measures to be taken.
HAS ADOPTED THIS DIRECTIVE :
                                     Article 1
The following Article shall be added :
"ArtIcle 9a
1.   Flavourings intended for sale to the final consumer may not be
     marketed unless their labels indicate the following obligatory
      information, which should be easily visible, clearly legible and
      indel lb le :
(a)  either the word "flavouring" or a more specific name description of
     the flavouring;
(b)  either the words "for foodstuffs" or a more specific reference to the
     foodstuff for which the flavouring is intended;
(c)  the date of minimum durability in conformity with Article 3(1) No 4
     and Article 9 of Directive 79/112/EEC;
(1) 0J No L 184, 15.7.1988, p. 61.
                                                                            3
 ---pagebreak---  (d)  where necessary, the special conditions for storage and use;
(e)    the instructions for use, the omission of which would prevent
      appropriate use to be made of the flavouring;
(f)    the net quantity expressed  in units of mass or volume;
(g)   the name or business name and address of the manufacturer or packer,
      or of a seller established within the Community;
ih)   an Indication or mark identifying the batch in conformity with
      Directive 89/396/EEC;
(i)    in the case of a mixture of flavouring(s) with other substances a list
       in descending order of weight in the mixture of :
          the flavouring or flavourings in question, in conformity with (a)
          above;
          the names of each of the other substances or materials or, where
          appropriate, their "EEC" numbers.
2.    The word "natural", or any other word having substantially the same
      meaning, may be used only for flavourings in which the flavouring
      component contains exclusively flavouring substances as defined in
      Article 1 (2)(b)(i) and/or flavouring preparations as defined in
      Article 1 (2)(c).    If the sales description of the flavouring contains
      a reference to a foodstuff or a flavouring source, the word "natural"
      or any other word having substantially the same meaning, may not be
      used unless the flavouring component has been isolated by appropriate
      physical processes, enzymatic or microbiological processes or
       traditional food-preparation processes solely or almost solely from
       the foodstuff or the flavouring source concerned.
3.    The particulars required in this Article shall be given in a language
      easily understood by the purchaser unless other measures have been
       taken to ensure that the purchaser is informed. This provision shall
      not prevent such particulars from being indicated in various
       languages."
                                    Article 2
Member States shall, where necessary, amend their    laws, regulations and
administrative provisions in such a way as to :
- permit trade in products complying with this Directive at the latest
   by 30 June 1992;
- prohibit trade in products not complying with this Directive with effect
   from 1 January 1994.
They shall forthwith   inform the Commission thereof.
                                    Article 3
This Directive is addressed to the Member States.
Done at                   199. . .
 ---pagebreak---                  Ficha d'impact de certains actes législatifs
                           mir les PME et l'emploi
Proposition de Dfrective du Conseil modifiant la directive 88/388/CEE
relative au rapporochement des législations des Etats membres dans ie . .
domaine des arômes destinés à être employés dans lés denrées alimentai res
et les iRatérlaux defcase.pourleur production.
 ---pagebreak---  ---pagebreak---                                                                                  ISSN 0254-1475
                                                                  COM(90) 408 final
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