Council Directive 70/357/EEC of 13 July 1970 on the approximation of the laws of the Member States concerning the antioxidants authorized for use in foodstuffs intended for human consumption

COUNCIL DIRECTIVE  of 13 July 1970  on the approximation of the laws of the Member States concerning the antioxidants authorised for use in foodstuffs intended for human consumption  (70/357/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 227 (2) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Whereas all laws relating to the antioxidants which may be used in foodstuffs intended for human consumption must give priority to the protection of public health, the protection of the consumer against falsification and, so far as health protection allows, economic and technological needs must also be taken into consideration;
Whereas differences between national laws concerning these substances hinder the free movement of foodstuffs intended for human consumption and may create conditions of unfair competition, thereby directly affecting the establishment or functioning of the common market;
Whereas the approximation of those laws is necessary for the free movement of foodstuffs intended for human consumption;
Whereas such approximation must involve, as a first stage, the establishment of a single list of the substances in question whose use is authorised for the protection of foodstuffs intended for human consumption against deterioration caused by oxidation and the laying down of the criteria of purity which those substances must satisfy;
Whereas, in order to take the economic and technological needs of certain Member States into account, a period should be set during which such Member States may, in respect of certain of those substances, maintain their existing laws;
Whereas it is desirable that for all cases where the Council empowers the Commission to implement rules relating to foodstuffs, provision should be made for a procedure establishing close co-operation between the Member States and the Commission within the Standing Committee for Foodstuffs set up by Council Decision of 13 November 1961 (1);
Whereas, during a second stage, the Council must decide on the approximation of the laws concerning individual foodstuffs intended for human consumption to which the antioxidants listed in the Annex to this Directive may be added, and on the conditions governing the addition of such antioxidants, account being taken of the relevant scientific information;
Whereas the approximation of the national laws provided for in this Directive does not prejudice the application of the provisions of Articles 31 and 32 of the Treaty;