European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/36/EC
of 30 June 1994
on  colours for use in foodstuffs
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE  EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof,
Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws  of the Member States concerning food additives authorized for use in foodstuffs intended for human  consumption (1), and in particular Article 3 (2) thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the Economic and Social Committee (3),
Acting in accordance with the procedure referred to in Article 189b of the Treaty (4),
Whereas differences between national laws relating to the conditions of use of colours in food  hinder the free movement of foodstuffs; whereas this may create conditions of unfair competition;
Whereas the prime consideration for any rules on these food additives and their conditions of use  should be the need to protect and inform the consumer;
Whereas a food additive may only be used when there is evidence that it is technologically  necessary and that its use is not harmful to health;
Whereas colours are used to restore original appearance of food whose colour has been affected by  processing, storage, packaging and distribution, whereby visual acceptability may have been  impaired;
Whereas colours are used to make food more visually appealing and help identify flavours normally  associated with particular foods and to give colour to food otherwise colourless;
Whereas it is necessary to include certain colours intended for health marking of meat under the  responsibility of the official veterinarian pursuant to the requirements of Directive 91/497/EEC  (5), in particular Chapter XI of Annex I thereto;
Whereas only those colours authorized by this Directive should be used for the decoration of eggs  or for the stamping of eggs as provided in Regulation (EEC) No 1274/91 (6);
Whereas colours are used to reinforce colours already present in food;
Whereas it is generally recognized that unprocessed foodstuffs and certain other basic foodstuffs  should be free from food additives;
Whereas, having reagard to the most recent scientific and toxicological information on additives,  some of these are to be permitted only for certain foodstuffs and under certain conditions of use;
Whereas it is necessary to lay down strict rules for the use of additives in food for infants and  young children;
Whereas the Scientific Committee for Food has been consulted for those substances not yet being the  subject of a Community provision;
Whereas it is desirable that when a decision is taken on whether a particular foodstuff belongs to  a certain category of foods, the consultation of the Standing Committee for Food procedure be  followed;
Whereas this Directive replaces partially the Council Directive of 23 October 1962 on the  approximation of the rules of the Member States concerning the colouring matters authorized for use  in foodstuffs intended for human consumption (7);
Whereas the modification of existing purity criteria on colouring matters and new specification for  those where no purity criteria exist, will be proposed in accordance with the procedure of Article  11 of Directive 89/107/EEC;
Whereas, in order to protect consumers, the Community should promote research into the possible  effects (including those of a cumulative and synergic nature) on human health of colours used in  foodstuffs, with special reference to those whose harmlessness is in doubt,