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31966L0400

Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed  /* CODIFIED VERSION CF 374Y0608(01) */

Official Journal 125 , 11/07/1966 P. 2290 - 2297 Danish special edition: Series I Chapter 1965-1966 P. 0108  English special edition: Series I Chapter 1965-1966 P. 0124  Greek special edition: Chapter 03 Volume 1 P. 0235  Spanish special edition: Chapter 03 Volume 1 P. 0166  Portuguese special edition Chapter 03 Volume 1 P. 0166  Finnish special edition: Chapter 3 Volume 1 P. 0123  Swedish special edition: Chapter 3 Volume 1 P. 0123

COUNCIL DIRECTIVE of 14 June 1966 on the marketing of beet seed (66/400/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee;  Whereas the production of sugar beet and fodder beet (hereinafter called "beet") occupies an important place in the agriculture of the European Economic Community;  Whereas satisfactory results in beet cultivation depend to a large extent on the use of appropriate seed ; whereas to this end certain Member States have for some time restricted the marketing of beet seed to high-quality seed ; whereas they have been able to take advantage of the systematic plant selection work carried out over several decades which has resulted in the development of sufficiently stable and uniform types and varieties of beet which, by reason of their characters, promise to be of great value for the purposes in view;  Whereas greater productivity will be achieved in Community beet cultivation if for the choice of the types and varieties permitted to be marketed the Member States apply uniform rules which are as strict as possible;  Whereas it is, however, justifiable to restrict marketing to certain types or varieties only if the farmer can be sure of actually obtaining seed of those types or varieties;  Whereas certain Member States have for this purpose been applying certification schemes which are intended by official control to ensure the identity and purity of the types and varieties;  Whereas such schemes already exist at international level for maize seed (Food and Agriculture Organisation of the United Nations) and for herbage seed (Organisation for Economic Co-operation and Development);  Whereas it is desirable to establish a uniform certification scheme for the Community based on the experience gained in the application of those schemes;  Whereas the scheme should apply to marketing both in other Member States and on domestic markets;  Whereas, as a general rule, beet seed should be allowed to be marketed only if it has been officially examined and certified, in accordance with the rules for certification, as basic seed or certified seed ; whereas the choice of the technical terms "basic seed" and "certified seed" is based on already existing international terminology;  Whereas beet seed which is not placed on the market should not, in view of its minor economic importance, be subject to Community rules ; whereas Member States must retain the right to make such seed subject to special provisions;  Whereas Community rules should not apply to seed shown to be intended for export to third countries;  Whereas, in order to improve the quality of Community beet seed, certain requirements must be laid down as to polyploidy, monogermity,   1 OJ No 109, 9.7.1964, p. 1744/64.   segmentation, analytical purity, germination and moisture content ; whereas, in adopting provisions in this field, account should be taken of the requirements based on the recommendations of the International Institute for Sugar Beet Research, which are already in general application in the sugar beet seed trade;  Whereas, in order to ensure the identity of the seed, Community rules on packaging, sampling, sealing and marking must be established ; whereas to this end the labels should give the particulars needed both for official control and for the information of the farmer and should clearly show the Community nature of the certification;  Whereas, in order to ensure that both the requirements as to the quality of seed and the provisions for ensuring its identity are complied with during marketing, the Member States must make provision for appropriate control arrangements;  Whereas seed satisfying these requirements should, without prejudice to Article 36 of the Treaty, be subject to no marketing restrictions other than those provided for in Community rules;  Whereas, during a first stage, until a common catalogue of types or varieties has been established, the restrictions allowed should include in particular the right of Member States to restrict the marketing of seed to those types or varieties which are of value for cropping and use in their own territory;  Whereas, subject to certain conditions, seed multiplied in another country from basic seed certified in a Member State should be recognised as being equivalent to seed multiplied in that Member State;  Whereas, on the other hand, provision should be made for authorising the marketing within the Community of beet seed harvested in third countries only if such seed affords the same assurances as seed officially certified within the Community and complying with Community rules;  Whereas, during periods in which there are difficulties in obtaining supplies of certified seed of the various categories, seed satisfying less stringent requirements should temporarily be permitted to be marketed;  Whereas, in order to harmonise the technical methods of certification used in the various Member States and to enable comparisons to be made in the future between seed certified within the Community and that coming from third countries, Community test fields should be established in Member States to permit annual post-control of seed of the category "certified seed";  Whereas the Commission should be entrusted with the task of adopting certain measures for the application of this Directive ; whereas, in order to facilitate implementation of the proposed measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within a Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry;  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to beet seed marketed within the Community.   Article 2 For the purposes of this Directive, the following definitions shall apply:    A. Beet : sugar and fodder beet of the species Beta  vulgaris L.       B. Basic seed : seed      (a) which has been produced under the  responsibility of the breeder according to  well-defined practices for the maintenance of  the type or variety;           (b) which is intended for the production of seed  of the category "certified seed";           (c) which, subject to the provisions of Article 4,  satisfies the conditions laid down in Annex I  for basic seed ; and           (d) which has been found by official examination  to satisfy the above-mentioned conditions.                  C. Certified seed : seed      (a) which is of direct descent from basic seed;           (b) which is intended for the production of beet;           (c) which, subject to the provisions of Article 4  (b), satisfies the conditions laid down in  Annex I for certified seed ; and           (d) which has been found by official examination  to satisfy the above-mentioned conditions.                  D. Monogerm seed : genetically monogerm seed.       E. Precision seed : seed which has been artificially  transformed into monogerm seed.        F. Official measures : measures taken      (a) by State authorities, or           (b) by any legal person whether governed by  public or by private law, acting ander the  responsibility of the State, or           (c) in the case of ancillary activities which are  also under State control, by any natural  person duly sworn for that purpose,             provided that the persons mentioned under (b)  and (c) derive no private gain from such  measures.          Article 3 1. The Member States shall provide that beet seed may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed" and unless it satisfies the conditions laid down in Annex I (B).  2. The Member States shall ensure that the official examinations of seed are carried out in accordance with current international methods, in so far as such methods exist.  3. Member States may provide for derogations from the provisions of paragraph 1:    (a) for bred seed of generations prior to basic seed;       (b) for tests or for scientific purposes;       (c) for selection work;       (d) for seed as grown, marketed for processing,  provided that the identity of the seed is ensured.          Article 4 Member States may, however, by way of derogation from the provisions of Article 3,    (a) authorise the official certification and marketing  of basic seed which does not satisfy the  conditions laid down in Annex I in respect of  germination ; to this end all necessary measures  shall be taken to ensure that the supplier  guarantees a specific germination which he shall  state for marketing purposes on a special label  bearing his name and address and the reference  number of the seed lot;       (b) in order to make seed rapidly available,  notwithstanding the fact that the official  examination to check compliance with the  conditions laid down in Annex I in respect of  germination has not been concluded, authorise  the official certification and the marketing as far  as the first buyer by way of trade of seed of  the categories "basic seed" or "certified seed".  Certification shall be granted only on  presentation of a provisional analytical report on  the seed and provided that the name and address  of the first recipient are indicated ; all necessary  measures shall be taken to ensure that the  supplier guarantees the germination ascertained  at the provisional analysis ; this germination shall  be stated for marketing purposes on a special  label bearing the name and address of the  supplier and the reference number of the lot.         These provisions shall not apply to seed imported from third countries, save as otherwise provided in Article 15 in respect of multiplication outside the Community.   Article 5 Member States may, as regards the conditions laid down in Annex I, impose additional or more stringent requirements for the certification of seed produced in their own territory.   Article 6 1. Each Member State shall establish a list of the types or varieties of beet officially accepted for certification in its territory ; the list shall indicate the main morphological or physiological characters by which types or varieties of plants directly derived from seed of the category "certified seed" can be distinguished one from another.  2. In the case of hybrids and synthetic varieties, the authorities responsible for acceptance and certification shall be informed of the genealogical components. The Member States shall ensure that the results of the examination and the description of the genealogical components are, if the breeder so requests, treated as confidential.  3. A type or variety shall be accepted for certification only if it has been established by official or officially controlled examinations, particularly growing trials, carried out for three successive years, that the type or variety is sufficiently uniform and stable.  4. The types or varieties accepted shall be officially checked at regular intervals. If during such examinations, particularly growing trials, carried out over a number of years, it is found that any of the conditions for acceptance for certification are no longer satisfied, acceptance shall be revoked and the type or variety deleted from the list. If one or more  secondary characters of a type or a variety have changed, the description in the list shall be altered forthwith.  5. These lists and any alterations made to them shall be sent forthwith to the Commission, which shall communicate them to the other Member States.   Article 7 1. The Member States shall require that, for the checking of types and varieties and for the examination of seed for certification, samples are drawn officially in accordance with appropriate methods.  2. For the examination of seed for certification, samples shall be drawn from homogeneous lots ; the maximum weight of a lot and the minimum weight of a sample are given in Annex II.   Article 8 The Member States shall provide that seed of the category "certified seed" may not be marketed:    (a) as polyploid seed unless the percentage of  diploids does not exceed 40;       (b) as triploid seed unless the percentage of triploids  is at least 75;       (c) as tetraploid seed unless the percentage of  tetraploids is at least 85.          Article 9 1. The Member States shall require that basic seed and certified seed be marketed only in sufficiently homogeneous consignments and in sealed containers bearing, as prescribed in Articles 10 and 11, a sealing device and markings.  2. Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.   Article 10 1. The Member States shall require that packages of basic seed and certified seed be officially sealed in such a manner that when the container is opened the seal is damaged and cannot be reattached.  2. Packages shall not be resealed except officially. If packages are resealed, the fact of resealing, the date of resealing and the authority responsible therefor shall be stated on the label required under Article 11 (1).   Article 11 1. The Member States shall require that packages of basic seed and certified seed:    (a) be labelled on the outside with an official label in  one of the official languages of the Community  conforming to the specification in Annex III ; it  shall be attached with the official seal ; the colour  of the label shall be white for basic seed and blue  for certified seed ; for marketing in other Member  States the label shall bear the date on which the  official seal was attached ; if, as envisaged in  Article 4 (a), the basic seed does not satisfy the  conditions laid down in Annex I in respect of  germination, this fact shall be stated on the label;       (b) contain an official document, in the same colour  as the label, giving the same information as that  required under Annex III for the label ; this  document is not necessary if the information is  printed indelibly on the container.         2. Member States may:    (a) require that in all cases the date on which the  official seal was attached be stated on the label:       (b) provide in the case of small packets for  derogations from the provisions of paragraph 1.          Article 12 This Directive shall not affect the right of Member States to require that, in cases other than those provided for in Article 4, containers of basic seed or certified seed, whether the seed has been produced in their own territory or imported, must, if the seed is to be marketed within their territory, bear a supplier's label.   Article 13 The Member States shall require that any chemical treatment of basic seed or certified seed be noted either on the official label or on the supplier's label and on the container or inside it.   Article 14 1. The Member States shall ensure that basic seed and certified seed which have been officially certified and whose containers have been officially marked and sealed as prescribed in this Directive are subject  to no marketing restrictions as regards their characters, examination arrangements, marking or sealing other than those laid down in this Directive.  2. Member States may:    (a) until such time, which should not be later than 1  January 1970, as a common catalogue of types or  varieties can be introduced, restrict the marketing  of beet seed to those types or varieties which are  entered in a national list based on value for  cropping and use in their territory ; the conditions  for inclusion in this list shall be the same for  types and varieties coming from other Member  States as for domestic types and varieties;       (b) provide that beet seed may not be placed on the  market unless it corresponds to specified sizes.          Article 15 The Member States shall provide. that beet seed produced directly from basic seed certified in one Member State and harvested in another Member State or in a third country is to be regarded as equivalent to certified seed harvested in the State which produced the basic seed if that seed has undergone field inspection satisfying the conditions laid down in Annex I (A), and if official examination has shown that the conditions laid down in Annex I (B) for certified seed are satisfied.   Article 16 1. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether:    (a) in the case provided for in Article 15, the field  inspections in the third country satisfy the  conditions laid down in Annex I (A);       (b) beet seed harvested in a third country and  affording the same assurances as regards its  characters and the arrangements for its  examination, for ensuring its identity, for  marking and for control is equivalent in these  respects to basic seed or certified seed harvested  within the Community and complying with the  provisions of this Directive.         2. Until such time as the Council has taken a decision under paragraph 1, the Member States shall be free to take such decisions themselves. This right shall expire on 1 July 1969.   Article 17 1. In order to remove any temporary difficulties in the general supply of basic seed or certified seed that occur in one or more Member States and cannot be overcome within the Community, the Commission, acting in accordance with the procedure laid down in Article 21, shall authorise one or more of the Member States to accept for marketing, for a period to be set by the Commission, seed of a category satisfying less stringent requirements.  2. For a category of seed of any given type or variety, the official label shall be that provided for the corresponding category ; in all other cases it shall be dark yellow. The label shall always state that the seed in question is of a category satisfying less stringent requirements.   Article 18 This Directive shall not apply to beet seed shown to be intended for export to third countries.   Article 19 The Member States shall make suitable arrangements for beet seed to be officially controlled during marketing, at least by check sampling, as regards its compliance with the requirements of this Directive.   Article 20 1. Community test fields shall be established within the Community for the annual post-control of seed samples taken during check sampling ; these fields shall be subject to inspection by the Committee referred to in Article 21.  2. These comparative tests shall, during a first stage, be used to harmonise the technical methods of certification so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on the comparative tests and sent in confidence to the Member States and to the Commission. The Commission shall, in accordance with the procedure laid down in Article 21, set the date for the first report.  3. The Commission acting in accordance with the procedure laid down in Article 21, shall make the necessary arrangements for the comparative tests to be carried out. Beet seed harvested in third countries may be included in the comparative tests.   Article 21 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the  request of the representative of a Member State, to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the "Committee") set up by the Council Decision of 14 June 1966 1.  2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes.  4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.  The Council, acting by a qualified majority, may take a different decision within one month.   Article 22 This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.   Article 23 The Member States shall, not later than 1 July 1968, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of Article 14 (1) and, not later than 1 July 1969, those necessary to comply with the other provisions of this Directive and its Annexes. They shall forthwith inform the Commission thereof.   Article 24 This Directive is addressed to the Member States.     Done at Brussels, 14 June 1966.  For the Council  The President  P. WERNER    ANNEX I Conditions for certification  A. THE CROP     1. The crop shall have sufficient identity and purity of type or variety.       2. The seed producer shall submit all the multiplications of a given type or variety of seed  for examination by the certification authority.       3. There shall be at least one official field inspection and in the case of basic seed at least two  such inspections, one of stecklings and one of the seed-producing plants.       4. The field shall be so cultivated and the crop at such a stage of development as to permit  identity and varietal purity to be adequately checked.   1 OJ No 125, 11.7.1966, p. 2289/66.        5. The minimum distances from neighouring crops shall be: >PIC FILE= "T0019157">   These distances can be disregarded if there is sufficient protection from any undesirable  foreign pollination.        B. THE SEED     1. The seed shall have sufficient identity and purity of type or variety.       2. Diseases which reduce the usefulness of the seed shall be at the lowest possible level.       3. The seed shall also satisfy the following conditions:  (a)   >PIC FILE= "T0019158">   The percentage by weight of other seeds shall not exceed 0 73, including not more than  0 71 of weed seeds. For this purpose at least 200 grammes of the sample shall be examined.   (b)  Special conditions for monogerm seed and for precision seed:      (aa) Monogerm seed:  At least 90 % of the germinated clusters shall give single seedlings.           (bb) Precision seed:  At least 65 % and as from 1 July 1971 at least 70 % of the germinated clusters shall  give single seedlings ; the percentage of clusters giving three or more seedlings shall  not exceed five, calculated on the germinated clusters.                     ANNEX II >PIC FILE= "T0019159"> ANNEX III Label     A. Required information      1. "Seed certified in accordance with European Economic Community rules"           2. Certification authority and Member State           3. Reference number of lot           4. Sugar or fodder beet           5. Type or variety           6. Category           7. Country of production           8. Declared net or gross weight           9. In the case of polyploid seed of the category "certified seed" : the word "polyploid"  In the case of triploid seed of the category "certified seed" : the word "triploid"  In the case of tetraploid seed of the category "certified seed" : the word "tetraploid"           10. In the case of monogerm seed : the word "monogerm"           11. In the case of precision seed : the word "precision".                  B. Minimum dimensions  110 mm × 67 mm.


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31989L0107

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

Official Journal L 040 , 11/02/1989 P. 0027 - 0033 Finnish special edition: Chapter 13 Volume 17 P. 0200  Swedish special edition: Chapter 13 Volume 17 P. 0200

COUNCIL DIRECTIVE 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 (89/107/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article l00a thereof,Having regard to the proposal from the Commission,In cooperation with the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),Whereas differences between national laws relating to food additives and the conditions for their use hinder the free movement of foodstuffs; whereas they may create conditions of unfair competition, thereby directly affecting the establishment or functioning of the common market;Whereas the approximation of these laws is therefore necessary;Whereas these requirements should be included in a comprehensive directive, where neccessary drawn up in stages;Whereas the drawing-up of lists of categories of food additives to be covered by a directive is a matter to be decided by the Council acting under the procedure laid down in Article 100a of the Treaty;Whereas the use of food additives belonging to such categories should be authorized only on the basis of agreed scientific and technological criteria laid down by the Council;Whereas in drawing up lists of additives and the conditions for their use the Scientific Committee for Food, set up by Commission Decision 74/234/EEC (3), should be consulted before the adoption of provisions likely to affect public health;Whereas it must be possible to adopt the list of authorized additives to scientific and technical developments; whereas in that case, it may be appropriate also to have, in addition tothe rules of procedure laid down by the Treaty, a system permitting the Member States to contribute, by the adoption of temporary national measures, to the search for a Community solution;Whereas the determination of the criteria of purity for such food additives and the drawing-up of methods of analysis and sampling are technical matters to be entrusted to the Commission;Whereas existing Community provisions on colouring matters, preservatives, anti-oxidants and emulsifiers, stabilizers, thickeners and gelling agents will require amendment on the basis of this Directive;Whereas, in all cases where the Council empowers the Commission to implement rules relating to foodstuffs, provision should be made for a procedure instituting close cooperation between Member States and the Commission within the Standing Committee on Foodstuffs set up by Commission Decision 69/414/EEC (4),HAS ADOPTED THIS DIRECTIVE:Article 11. This Directive shall apply to food additives the various categories of which are given in Annex I and which are used or intended to be used as ingredients during the manufacture or preparation of a foodstuff and are still present in the final product, even if in altered form, hereinafter called 'food additives'.2. For the purposes of this Directive'food additive' means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may be reasonably expected to result, in it or its by-products becoming directly or indirectly a component of such foods.3. This Directive shall not apply to:(a) processing aids (5):(b) substances used in the protection of plants and plant products in conformity with Community rules relating to plant health;(c) flavourings for use in foodstuffs, falling within the scope of Council Directive 88/388/EEC (6):(d) substances added to foodstuffs as nutrients (for example minerals, trace elements or vitamins).Article 21. In respect of any category of food additive listed in Annex I for which lists have been drawn up pursuant to Article 3 (8), only those food additives included in such lists may be used in the manufacture or preparation of foodstuffs and only under the conditions of use specified therein.2. The inclusion of food additives in one of the categories in Amex I shall be on the basis of the principal function normally associated with the food additive in question. However, the allocation of the additive to a particular category does not exclude the possibility of the additive being authorized for several functions3. Food additives shall be included in a list on the basis of the general criteria described in Annex II.Article 31. Particular provisions in respect of the additives in the categories given in Amex I shall be laid down in a comprehensive directive, including existing specific directives on particular categories of additives. That directive may, however, be drawn up in stages.2. The Council shall, acting on a proposal from the Commission under the procedure laid down in Article 100a of the Treaty, adopt:(a) a list of additives the use of which is authorized to the exclusion of all others;(b) the list of foodstuffs to which these additives may be added, the conditions under which they may be added and, where appropriate, a limit on the technological purpose of their use;(c) the rules on additives used as carrier substances and solvents, including where necessary their purity criteria.3. The following shall be adopted under the procedure laid down in Article 11:(a) the criteria of purity for the additives in question;(b) where necessary, the methods of analysis needed to verify that the criteria of purity referred to in (a) are satisfied;(c) where necessary, the procedure for taking samples and the methods for the qualitative and quantitative analysis of food additives in and on foodstuffs;(d) other rules necessary to ensure compliance with the provisions of Article 2.Article 41. Where a Member State, as a result of new information or of a re-assessment of existing information made since this Directive, or the comprehensive directive referred to in Article 3, was adopted, has detailed grounds for considering that the use of additives in food, although it complies with this Directive or any list drawn up under Article 3, endangers human health, that Member State may temporarily suspend or restrict application of the provisions in question in its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision.2. The Commission shall examine the grounds given by the Member State referred to in Paragraph 1 as soon as possible within the Standing Committee on Foodstuffs, and shall then deliver its opinion forthwith and take the appropriate measures.3. If the Commission considers that amendments to this Directive or to the comprehensive directive referred to in Article 3 are necessary in order to resolve the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 11, with a view to adopting those amendments; the Member State which has adopted safeguard measures may in that event retain them until the amendments have been adopted.Article 51. In order to take account of scientific or technical developments which have occurred since the adoption of a list in accordance with Article 3, a Member State may.provisionally authorize the marketing and use within its territory of an additive from one of the categories listed in Annex I and not included in the relevant list provided that the following conditions are satisfied:(a) the authorization shall be limited to a maximum period of two years;(b) the Member State shall ensure that foodstuffs containing an additive which it has authorized are officially monitored;(c) in the authorization the Member State may require that foodstuffs manufacted with the additive in question shall bear a special indication.2. The Member State shall communicate to the other Member States and to the Commission the text of any authorization decision adopted pursuant to paragraph 1, within two months of the date on which the decision takes effect.3. Before the two-year period stipulated in paragraph 1 (a) has expired the Member State may request the Commission to include in the list adopted in accordance with Article 3 the additive which had been the subject of national authorization pursuant to paragraph 1 of this Article. At the same time, the Member State shall provide the evidence which, in its view, supports such inclusion and shall indicate how the additive is to be used. If the Commission considers this request to be justified, it shall operate the procedure laid down in Article l00a of the Treaty in order to amend the list adopted in accordance with Article 3. The Council shall act on a proposal from the Commission, within 18 months from the date on which the matter was referred to it.4. If, within the two-year period stipulated in paragraph l, the Commission does not submit a proposal in accordance with paragraph 3, or if the Council does not act within the 18-month period stipulated in paragraph 3, the national authorization must be cancelled. At the same time, any authorization granted by another Member State for the same additive must be cancelled.5. N° new authorization for the same additive may be granted unless the scientific or technical development made since the cancellation provided for in paragraph 4 so justifies.Article 6Provisions that may have effect upon public health shall be adopted after consultation with the Scientific Committee for Food.Article 71. Food additives not intended for sale to the uItimate consumer may be marketed only if their packaging or containers bear the following information, which must be conspicuous, clearly legible and indelible:(a) - for food additives sold singly or mixed with each other, for each additive, the name laid down by any Community provisions applying and its EEC number or, in the absence of such provisions, a description of the additive that is sufficiently precise to enable it to be distinguished from additives with which it could be confused, indescending order of the proportion by weight in the total,- when other substances or materials or food ingredients to facilitate storage, sale, standardization, dilution or dissolution of a food additive or food additives are incorporated in the additives, the name of the additive in accordance with the first indent and an indication of each component in descending order of the proportion by weight in the total;(b) - either the statement 'for use in food',- or the statement 'restricted use in food',- or a more specific reference to its intended food use;(c) if rtecessary, the special conditions of storage and use;(d) directions for use, if the Comission thereof would preclude appropriate use of the additive;(e) a mark identifying the batch or lot;(f) the name or business name and address of the manufacturer or packager, or of a seller established within the Community;(g) an indication of the percentage of any component which is subject to a quantitative limitation in a food or adequate compositional information to enable the purchaser to comply with any Community provisions, or in their absence national provisions, applying to the food. Where the same quantitative limitation applies to a group of components used singly or in combination, the combined percentage may be given as a single figure;(h) the net quantity;(i) any other information provided for in the comprehensive Directive referred to in Article 3.2. By way of derogation from paragraph 1, the information required in point (a), second indent, and points (d) to (g), may appear merely on the documents relating to the consignment which are to be supplied with or prior to the delivery, provided that the indication 'intended for the manufacture of foodstuffs and not for retail sale' appears on a conspicuous partArticle 8Food additives intended for sale to the ultimate consumer may be marketed only if their packagings or containers bear the following information, which must be conspicuous, clearly legible and indelible:(a) the name under which the product is sold. This name shall be constituted by the name laid down by any Community provisions applying to the product in question plus its EEC number or, in the absence of such provisions, by a description of the product that is sufficiently precise to enable it to be distinguished from products with which it could be confused:(b) the information required by Article 7 (l) (a) to (f), and (h):(c) the date of minimum durability within the meaning of Article 9 of Council Directive 79/112/EEC (7):(d) any other information provided for in the comprehensive directive referred to in Article 3.Article 9Articles 7 and 8 shall not affect more detailed or more extensive laws, regulations or administrative provisions regarding weights and measures, or applying to the presentation, classification, packagirtg and labelling of dangerous substances and preparations or the transport of such substancesArticle 10Member States shall refrain from laying down requirements more detailed than those contained in Articles 7 and 8 concerning the manner in which the particulars provided for therein are to be shownThe particulars provided for in Articles 7 and 8 shall appear in a language easily understandable to purchasers unless other measures have been taken to ensure that the purchaser is informed. This provision shall not prevent such particulars from being indicated in various languages.Article 111. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee on Foodstuffs either on his own initiative or at the request of the representative of a Member State.2. The Commission representative shall submit to the committee a draft of measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the qualified.majority laid down in Article 148 (2) of the Treaty. The chairman shall not vote.3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion;(b) where the intended measures are not in accordance with the opinion of the committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act on a qualified majority.If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures.Article 121. Member States shall take all measures necessary to ensure that food additives belonging to the categories defined in Annex I may be marketed only if they conform to the definitions and rules laid down in this Directive and the Annexes thereto.2. Member States may not prohibit, restrict or obstruct the marketing of food addicives, food or food ingredients on grounds relating to food additives, if these comply with the provisions of this Directive, the existing specific directives and the comprehensive directive referred to in Article 33. Paragraph 2 shall not affect national provisions applicable in the absence of corresponding provisions in the comprehensive directive referred to in Article 3.Article 13Measures to bring existing Community directives into line with this Directive shall be adopted according to the procedure laid down in Article 11.Article 141. Member States shall take all measures necessary to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof. The measures taken shall:- authorize, two years after notification of this Directive the marketing and use of food additives complying with this Directive;- prohibit, not later than three years after notification (8) of this Directive, the marketing and use of food additives which do not comply with this Directive.2. Paragraph 1 shall not affect existing Community provisions or those national provisions which, in the absence of the comprehensive directives referred to in Article 3, apply to certain groups of food additives or specify the foodstuffs in or on which food additives complying with this Directive may be used.Article 15This Directive is addressed to the Member States.Done at Brussels, 21 December 1988.Or the CouncilThe PresidentV. PAPANDREOU(1) OJ, N° C 99, 13. 4. 1987, p. 65 and OJ N° C 12, 16. 1. 1989.(2) OJ, N° C 328, 22. 12. 1986, p. 5.(3) OJ N° L 136, 20. 5. 1974, p. 1(4) OJ N° L 291, 19. 11. 1969, p. 9(5) For the purpose of this Directive, 'processing aid' means any substance not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or their ingredients, to fulfil a certain technological purpose during treatment or processing and which may result in the unintentional but technically unavoidable presence of residues of the substance or its derivatives in the final product, provided that these residues do not present any health risk and do not have and technological effect on the finished product.(6) OJ N° L 184, 15. 7. 1988, p.61.(7) OJ N° L 33, 8. 2. 1979, p. 1.(8) This Directive was notified to the Member States on 28 December 1988.ANNEX I Categories of food additives ColourPreservativeAnti-oxidantEmulsifierEmulsifying saltThickenerGelling agentStabilizer (1)Flavour enhancerAcidAcidity regulator (2)Anti-caking agentModified starchSweetenerRaising agentAnti-foaming agentGlazing agent (3)Flour treatment agentFirming agentHumectantSequestrant (4)Enzyme (4) (5)Bulking agentPropellent gas and Packaging gas(1) This category also comprises foam stabilizers.(2) These can act as two-way acidity regulators.(3) These substances include lubricants.(4) Inclusion of these terms in this list is without prejudice to any future decision or mention thereof in the labelling of foodstuffs intended for the final consumer.(5) Only those used as additives.ANNEX II General criteria for the use of food additives 1. Food additives can be approved only provided that:- there can be demonstrated a reasonable technological need and the purpose cannot be achieved by other means which are economically and technologically Practicable,- they present no hazard to the health of the consumer at the level of use proposed, so far as can be judged on the scientific evidence available,- they do not mislead the consumer.2. The use of food additives may be considered only where there is evidence that the proposed use of the additive would have demonstrable advantages of benefit to the consumer, in other words it is necessary to establish the case for what is commonly referred to as 'need'. The use of food addicives should serve one or more of the purposes set out from points (a) to (d) and only where these purposes cannot be achieved by other means which are economically and technologically practicable and do not present a hazard to the health of the consumer:(a) to preserve the nutritional quality of the food: an intentional reduction in the nutritional quality of a food would be justified only where the food does not constitute a significant item in a normal diet or where the additive is necessary for the production of foods for groups ofconsumers having special dietary needs;(b) to provide necessary ingredients or cnstituents for foods manufactured for groups of consumers having special dietary needs;(c) to enhance the keeping quality or stability of a food or to improve its organoleptic properties, provided that this does not so change the nature, substance or quality of the food as to deceive the consumer;(d) to provide aids in manufacture, processing, preparation, treatment, packing, transport or storage of food, provided that the additive is not used to disguise the effects of the use of faulty raw materials or of undesirable (including unhygienic) practices or techniques during the course of any of these activities.3. To assess the possible harmful effects of a food additive or derivatives thereof, it must be subjected to appropriate toxicological testing and evaluation. The evaluation should also take into account, for example, any cumulative, synergistic or potentiating effect of its use and the phenomenon of human intolerance to substances foreign to the body.4. All food additives must be kept under continuous observation and must be re-evaluated whenever necessary in the light of changing conditions of use and new scientific information.5. Food additives must at all times comply with the approved criteria of purity.6. Approval for food additives must:(a) specify the foodstuffs to which these additives may be added and the conditions under which they may be added;(b) be limited to the lowest level of use necessary to achieve the desired effect;(c) take into account any acceptable daily intake, or equivalent assessment, established for the food additive and the probable daily intake of it from all sources. Where the food additive is to be used in foods eaten by special groups of consumers, accound should be taken of the possible daily intake of the food additive by consumers in those groups.