CELEX: 51984PC0039
Language: en
Date: 1984-02-02
Title: PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE INTRODUCTION OF COMMUNITY METHODS OF SAMPLING AND ANALYSIS FOR THE MONITORING OF FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION

24. 2. 84                              Official Journal of the European Communities                             No C 53/9
4. Article 9 is replace by the following:                             directly by the seller to the purchaser, where the
                                                                      indication of prices:
     'Article 9
    Where        Community      measures     are   adopted            — is likely to constitute an excessive burden on
    concerning the standardization of ranges of                           such businesses, or
    nominal quantities of contents relating to
    foodstuffs not referred to in Article 8 the Council,             — appears to be most impracticable owing to the
    acting on a proposal from the Commission, shall,                      number of foodstuffs offered for sale, the sales
    if necessary, amend Article 8.'                                       area, its layout or the conditions peculiar to
                                                                          certain forms of trade, such as certain cases of
5. Article 10 is replaced by the following:                               itinerant dealers.
     'Article 10                                                      2.    The exemptions referred to in paragraph 1
                                                                      shall be without prejudice to obligations to
    At the request of the Member State concerned and
                                                                      indicate prices existing under national or
    after having consulted the other Member States,
                                                                      Community provisions at the time of the adoption
    the Commission shall take a decision to exempt
                                                                      of this Directive.'
    from the obligation to indicate unit prices
    foodstuffs       prepackaged      in    pre-established
    quantities for which ranges of nominal quantities             7. Articles 9, 10 and 11 become Articles 12, 13 and
    of contents have been established in a Member                     14 respectively.
    State, in so far as:
    — these ranges satisfy the criteria set out in the                                      Article 2
         Council resolution of 19 June 1979 ('),
                                                                  1.     Member States shall bring into force the laws,
    — the proposed exemption is not likely to affect              regulations and administrative provisions necessary to
         trade between Member States either directly or           comply with this Directive by 31 March 1986. They
         indirectly.                                              shall forthwith inform the Commission thereof.
(') OJ No C 163, 30. 6. 1979, p. 1.'                              2.     Member States shall communicate to the
                                                                  Commission the texts of the provisions of national
6. Article 11 is replaced by the following:                       law which they adopt in the field covered by this
                                                                  Directive.
     'Article 11
    1.     Member States may exempt from the                                               Article 3
    obligation to indicate the unit price foodstuffs sold
    by certain small retail businesses and handed                 This Directive is addressed to the Member States.
                Proposal for a Council Directive concerning the introduction of Community methods of
                  sampling and analysis for the monitoring of foodstuffs intended for human consumption
                                                     COM(84) 39 final
                             (Submitted by the Commission to the Council on 6 February 1984)
                                                        (84/C 53/04)
THE COUNCIL OF THE EUROPEAN                                       Having regard to the opinion of the Economic and
COMMUNITIES,                                                      Social Committee,
Having regard to the Treaty establishing the                      Whereas the production, manufacture, marketing and
                                                                  use of foodstuffs intended for human consumption
European Economic Community, and in particular
                                                                  are of the utmost importance in the European
Article 100 thereof,
                                                                  Economic Community;
Having regard to the proposal from the Commission,                Whereas it is the responsibility of the public auth-
                                                                  orities to ensure compliance with the provisions
Having regard to the opinion of the               European        relating to the composition, conditions of manu-
Parliament,                                                       facture, packaging and labelling of foodstuffs;
 ---pagebreak--- No C 53/10                            Official Journal of the European Communities                               24.2.84
Whereas the methods of sampling and analysis used                                        Article 3
for this purpose can have direct repercussions on the
establishment and functioning of the common
market; whereas, this being the case, they should be             1.     Where the procedure defined in this Article is
harmonized;                                                      invoked, the matter shall be referred to the Standing
                                                                 Committee for Foodstuffs set up by Council Decision
"Whereas the laying down of these methods of                     69/414/EEC O (hereinafter called 'the Committee')
sampling and analysis constitutes a measure of purely            by its chairman, either on his own initiative or at the
scientific and technical nature; whereas a rapid                 request of a representative of a Member State.
procedure       for    developing,      improving      and
                                                                 2.      The representative of the Commission shall
supplementing such methods is necessary; whereas, in
                                                                 submit to the Committee a draft of the measures to
order to facilitate the adoption of such measures, a
                                                                 be taken. The Committee shall deliver its own
procedure should be introduced for close cooperation
                                                                 opinion on that draft within a time limit set by the
between the Member States and the Commission
                                                                 chairman having regard to the urgency of the matter.
within the Standing Committee for Foodstuffs,
                                                                 Opinions shall be delivered by a majority of 45 votes,
                                                                 the votes of the Member States being weighted as
                                                                 provided for in Article 148 (2) of the Treaty. The
HAS ADOPTED THIS DIRECTIVE:                                      chairman shall not vote.
                                                                 3. (a) Where the measures envisaged are in
                          Article 1                                       accordance    with     the  opinion    of   the
                                                                          Committee, the Commission shall adopt them.
Without prejudice to specific measures in force, or
which will be adopted, within the framework of                       (b) Where the measures envisaged are not in
specific Community rules, Member States shall take                        accordance    with     the  opinion    of   the
all appropriate action to ensure that the monitoring of                   Committee, or if no opinion is delivered, the
foodstuffs intended for human consumption for the                         Commission shall without delay submit to the
purpose of verifying compliance with provisions laid                      Council a proposal on the measures to be
 down by law, regulation or administrative action                         taken. The Council shall act by a qualified
 relating to the composition, conditions of manu-                         majority.
 facture, packaging or labelling of such foodstuffs is
 carried out in accordance with Community methods                     (c) If the Council has not acted within three
 of sampling and analysis to be laid down in the                          months after submission of the proposal, the
 Directives referred to in Article 2.                                     proposed measures shall be adopted by the
                                                                          Commission.
                                                                                          Article 4
                          Article 2
                                                                  Member States shall bring into force the laws, regu-
 The methods of sampling and analysis referred to in              lations and administrative provisions necessary to
 Article 1 shall, where necessary, be laid down by                comply with this Directive and with the Directives
 means of Directives adopted in accordance with the               referred to in Article 2 before the dates laid down in
 procedure provided for in Article 3, account being               those Directives. They shall forthwith inform the
 taken of current scientific and technical knowledge              Commission thereof.
 and of already proven methods of sampling and
 analysis.                                                                                Article 5
                                                                  This Directive is addressed to the Member States.
 These Directives shall specify appropriate time limits
 for the incorporation of the methods of sampling and
  analysis into national provisions.                              0) OJ No L 291, 19. 11. 1969, p. 9.