CELEX: 51993PC0289
Language: en
Date: 1993-06-22
Title: Amended proposal for a COUNCIL DIRECTIVE amending Directive 89/107/EEC on the approximation of the laws of Member States concerning food additives intended for human consumption

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(93) 289 f i n a l - SYN 422
                                                 Brussels, 22 June 1993
                            Amended proposal for a
                               COUNCIL DIRECTIVE
    amending Directive 89/107/EEC on the approximation of the laws of Member
         States concerning food additives intended for human consumption
        (presented by the Commission pursuant to A r t i c l e       149(3)
                              of the EEC-Treaty)
 ---pagebreak---                                  Explanatory Memorandum
In response to the opinion of the European Parliament' delivered on 26 May 1993
on the proposal for a Council Directive amending Directive 89/107/EEC on the
approximation of the laws of Member States concerning food additives intended for
human consumption2.and in accordance with the third paragraph of Article 149 of
the Treaty establishing the European Economic Community, the Commission has
decided to amend the above mentioned proposal.
The Commission has accepted the following amendments:
-    changes to the recitals concerning the derogation for traditional products,
    including the date of existence of national law
-    deletion of the Comitology procedure and acceptance of the Article 100A
     procedure for establishment of the criteria for the definition of traditional
     foodstuffs and the adoption of the list of such foodstuffs. The Commission
     accepted this amendment as a compromise permitting the European Parliament
     to be fully involved in the process of granting derogations for traditional
     foodstuffs.
 -   change of the date of the implementation of the directive by Member States to
      1.1.94 instead of 1.6.93 .
In accordance with the objectives of the Single Market, the Commission has
proposed the principle that foodstuffs which comply with the rules laid down in the
 additives directives may be manufactured and marketed throughout the Community,
 provided that they are not described as traditional foodstuffs in the Member States
 concerned.
 In addition, the Commission has completed the amendments of Parliament by
 including defined timelimits for the adoption of the derogations for traditional
 foods.
 However, the Commission has rejected an amendment concerning the introduction
 of a new category of food additives in Annex I because it is outside the scope of the
 proposal.
       O.J. C 206, 13.8.92, p 1
 ---pagebreak---                                               -3 -
                                   Amended proposal for a
                                      rtnilNf!IL DIRECTIVE
      amending Directive 89/107/EEC on the approximation of the laws of Member
             States concerning food additives intended for human consumption
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community, and
 in particular Article 100 A. thereof,
Having regard to the proposal from the Commission3,
In cooperation with the European Parliament4,
Having regard to the opinion of the Economic and Social Committee,5
Whereas rules for harmonisation in the field of additives should not affect the
application of II.IIKUMI junvisioiis <»( Maul» i M.i|< >, cxiMinj' IHI I J.iim.uy |W2
vvlik li ptoliiml (lie iisr oj certain additives In <-rrt;iiti s|ie<.iflc pruriticis considered as
traditional produced on their territory,
Whereas these products could be distinguished by an appropriate labelling,
Whereas the free circulation of foodstuffs conforming with directives concerning
additives should not be affected,
Whereas the freedom of establishment, the production and sale on the territory of
each Member State of foodstuffs conforming with Directives concerning additives
should not be affected,
3
     OJ. C 206, 13.8.92, p 1
4
5
     OJ C73 15.3.93 p.4
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE:
                                         Article 1
The following Article 3a is added to Directive 89/107/EEC:
                                         "Article 3a
1.  By way of derogation from Article 3(2)(a) and (b), the Council shall, acting on a
    proposal from the Commission under the procedure laid down in Article 100a of
    the Treaty, allow Member States to continue to prohibit the use of certain
    additives in the production of those foodstuffs considered as traditional provided:
          that this prohibition existed on 1 January 1992
          that the Member States concerned permit on their territory the production
          and sale of all foodstuffs conforming with the rules provided for in Article 3
          and that such foodstuffs are not described as traditional on their territory;
2.   Before 1 July 1994, Member States shall communicate to the Commission the list
     of foodstuffs which they consider as traditional, giving their reasons in detail,
     together with the relevant legislative provisions prohibiting the use of certain
     additives in such foodstuffs.
     Before 1 April 1995, the Commission shall submit a proposal to the Council on
     the criteria to be applied for defining a product as traditional and on the national
     prohibitions which may be maintained in conformity with these criteria.
     The Council shall act on the proposal before 1 April 1996.
3.   Until 1 April 1996, Member States may maintain any prohibitions which have
     been communicated to the Commission in conformity with paragraph 2
     subparagraph 1, provided that they comply with the general conditions laid down
     in paragraph 1."
 ---pagebreak---                                         -5-
                                     Article 2
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this directive not later than 1 January 1994
They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this
Directive or shall be accompanied by such reference on the occasion of their official
publication. The methods of making such a reference shall be laid down by the
Member States.
                                     Article 3
This Directive is addressed to Member States*.
Done at
                                                   For the Council                    •??
 ---pagebreak---                                            - '€ - ;
                                                                     ISSN 0254-1475
                                                               COM(93) 289 final
                                                      DOCUMENTS
EN                                                                          0610
                                Catalogue number : CB-CO-93-323-EN-C
                                                              ISBN 92-77-56986-7
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