CELEX: 51988PC0221
Language: en
Date: 1988-04-13
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FLAVOURINGS FOR USE IN FOODSTUFFS AND TO SOURCE MATERIALS FOR THEIR PRODUCTION

No C 152/6                                     Official Journal of the European Communities                                   10. 6. 88
                                                                       II
                                                              (Preparatory Acts)
                                                         COMMISSION
                   Re-examined proposal for a Council Directive on the approximation of the laws of the Member
                   States relating to flavourings for use in foodstuffs and to source materials for their
                                                                production (')
                                                        COM(88) 221 final — SYN 16
                   (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 13 April
                                                                      1988)
                                                                (88/C 152/09)
The Commission accepts the common position of the                                '2.    The following shall be adopted in
Council as described in Council document 7259/87 of 22                           accordance with the procedure provided for in
June 1987 subject to the following amendments:                                   Article 11.'
      (i) The fifth recital is replaced by:                                      Paragraph (b) becomes new paragraph (a).
          'Whereas, on the basis of the inventory of source
          materials and substances used in the preparation                       A new paragraph (b) is added as follows (ex
          of flavourings established by the Commission on                        Article 7):
          the basis of Decision . . . / . . ./87, the Council will
                                                                                 '(b) provisions on:
          at a later stage adopt, in accordance with the
          procedure laid down in Article 100A, appropriate                            — the technical amendments to the Annexes
          provisions concerning individual categories of                                   having regard to progress in scientific and
          flavourings and source materials and any                                         technical knowledge,
          necessary measures concerning their use and
          methods of production;'                                                      — the microbiological criteria applicable to
                                                                                           flavourings,
     (ii) The ninth recital, second 'whereas', is replaced by:
          '. . . procedure IIIA laid down in Council Decision                         — the designation criteria given to the more
          87/373/EEC of 13 July 1987 laying down the                                       specific names referred in Article 9 (1)
          procedures for the exercise of implementing                                      (b).'
          powers conferred on the Commission (') will be
          used for this purpose;                                                 Paragraph (c) is completed as follows:
                                                                                 The second indent reads: 'The conditions . . .
          (') OJ No L 197, 18. 7. 1987, p. 33.'                                  paragraph (a)'.
                                                                                 Three indents are added as follows (ex Article 6):
   (iii) tenth recital       ('Whereas     . . . 69/414/EEC)       is
          deleted.                                                               '— the methods of analysis needed to verify the
                                                                                      levels referred to in Article 4,
   (iv) The eleventh recital ('Whereas . . . Annexes') is
          deleted.                                                                 — the procedure for taking samples and the
                                                                                      methods for qualitative and, where appro-
    (v) Article 5 is amended as follows:                                              priate, quantitative analysis of flavourings in
                                                                                      or on foodstuffs,
           '1.     The Council, acting in accordance with the
          procedure provided for in Article 100A of the
                                                                                   — the specific     criteria  of   purity for   given
          Treaty, shall adopt appropriate                 provisions                  flavourings.'
          concerning:'
          The indents of the old paragraph (a) are included                      A new paragraph 3 is added as follows:
           unchanged.
                                                                                  '3.   Provisions that may have effects on public
                                                                                  health shall be adopted only after consulting the
 (') OJ No C 103, 24. 4. 1982, p. 7.                                              Scientific Committee for Food.'
 ---pagebreak--- 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.