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OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 December 1996 amending
approximation of the laws of the Member States relating to foodstuffs intended
for particular nutritional uses
EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
regard to the Treaty establishing the European Community, and in particular
Article 100a thereof,
regard to the proposal from the Commission (1),
regard to the opinion of the Economic and Social Committee (2),
in accordance with the procedure laid down in Article 189b of the Treaty (3),
Article 4 of Council Directive 89/398/EEC (4) provides that specific provisions
applicable to the groups of foodstuffs appearing in Annex I thereto must be
laid down by means of specific Commission directives;
a modus vivende was concluded on 20 December 1994 between the European
Parliament, the Council and the Commission on the measures for implementing
acts adopted in accordance with the procedure referred to in Article 189b of
the Treaty (5);
the specific directives reflect the state of knowledge at the time of their
adoption; whereas, therefore, any amendment to authorize innovations based on
scientific and technical progress must, after consultation of the Scientific
Committee for Food set up by Decision 95/273/EC (6), be approved in accordance
with the procedure laid down in Article 13 of Directive 89/398/EEC;
a procedure must be laid down which allows the foodstuffs resulting from these
technological innovations to be placed on the market on a temporary basis in
order that proper benefit may be derived from the fruits of industry research
pending the amendment of the specific directive concerned;
however, on the grounds of consumer health protection, marketing authorization
may be granted only after consultation of the Scientific Committee for Food;
authorization may be granted only if the product poses no danger to human health,
ADOPTED THIS DIRECTIVE:
Article 4 of Directive 89/398/EEC, the following paragraph shall be added:
enable foodstuff intended for particular nutritional uses and resulting from
scientific and technological progress to be placed on the market rapidly, the
Commission may, after consulting the Scientific Committee for Food and in
accordance with the procedure laid down in Article 13, authorize for a two-year
period the placing on the market of foodstuffs which do not comply with the
rules as to composition laid down by the specific directives referred to in
necessary, the Commission may add in the authorization decision labelling rules
relating to the change in composition.`
States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive by 30 September 1997. They
shall forthwith inform the Commission thereof.
Member States adopt these provisions, these shall contain a reference to this
Directive or shall be accompanied by such reference at the time of their
official publication. The methods of making such reference shall be laid down
by the Member States.
Directive shall enter into force on the twentieth day following that of its
publication in the Official Journal of the European Communities.
Directive is addressed to the Member States.
Done at Brussels, 19 December 1996.
For the European Parliament
K. HAENSCHFor the Council
No C 389, 31. 12. 1994, p. 21 and OJ No C 41, 13. 2. 1996, p. 13.
No C 256, 2. 10. 1995, p. 1.
Opinion delivered on 11 October 1995 (OJ No C 287, 30. 10. 1995,
p. 108). Council Common Position of 18
June 1996 (OJ No C 315, 24. 10.
1996, p. 1) and Decision of the European Parliament of 23 October
(OJ No C 347, 18. 11. 1996). Council
Decision of 9 December 1996.
No L 186, 30. 6. 1989, p. 27.
No C 102, 4. 4. 1996, p. 1.
No L 167, 18. 7. 1995, p. 22.