Council Directive 88/344/EEC of 13 June 1988 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients

COUNCIL  DIRECTIVE
of 13 June 1988
on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients
(88/344/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas differences between national laws relating to extraction solvents hinder the free movement of foodstuffs and may create conditions of unequal competition thereby directly affecting the establishment or functioning of the common market;
Whereas the approximation of those laws is therefore necessary if the free movement of foodstuffs is to be achieved;
Whereas laws relating to extraction solvents for use in foodstuffs should take account primarily of human health requirements but also, within the limits required for the protection of health, of economic and technical needs;
Whereas such approximation must involve the establishment of a single list of extraction solvents for the preparation of foodstuffs or food ingredients; whereas general purity criteria should also be specified;
Whereas the use of an extraction solvent under conditions of good manufacturing practice should result in the removal of all or the major part of the solvent residues from the foodstuff or food ingredient;
Whereas, under such conditions, the presence of residues or derivatives in the final foodstuff or food ingredient may be unintentional but technically unavoidable;
Whereas, although in general a specific limitation is useful, it need not be laid down for substances listed in Part I of the Annex which have been found acceptable from the point of view of safety to the consumer when used under conditions of good manufacturing practice;
Whereas to take account of protection of public health, the conditions of use of other extraction solvents listed in Parts II and III of the Annex and residues permitted in food and food ingredients must be established;
Whereas, pending the adoption of Community rules on flavourings, Member States should not be prevented from authorizing, as extraction solvents for certain flavourings, substances used for diluting and dissolving such materials;
Whereas the provisions on certain extraction solvents should be reviewed within a period of time on the basis of the ongoing scientific and technical research on the acceptability of such solvents and the conditions for their use;
Whereas specific purity criteria for extraction solvents and methods of analysis and sampling of extraction solvents in and on foodstuffs should be established;
Whereas, should the use of an extraction solvent provided for in this Directive appear to constitute a health risk as a result of new information, Member States should be able to suspend or limit such use, or to reduce existing limits, pending a decision at Community level;
Whereas the establishment of sampling procedures and of the methods of analysis required for checking the substances listed and their purity standards constitute technical implementing measures; whereas in order to simplify and expedite these procedures and facilitate their application it is desirable to ensure close cooperation between the Member States and the Commission within the Standing Committee for Foodstuffs set up by Council Decision 69/414/EEC (1),