Directive 1991/71 - Commission Directive 91/71/EEC completing Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1991/71
Original proposal	COM(1990)408
CELEX number i	31991L0071

Avis juridique important

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Commission Directive 91/71/EEC of 16 January 1991 completing Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production

Official Journal L 042 , 15/02/1991 P. 0025 - 0026

Finnish special edition: Chapter 13 Volume 20 P. 0064

Swedish special edition: Chapter 13 Volume 20 P. 0064

COMMISSION DIRECTIVE of 16 January 1991 completing Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production (91/71/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production (1), and in particular Article 6 (4) thereof,

Whereas difference between the laws, regulations and administrative provisions of Member States on the labelling of flavourings intended for sale to the final consumer may impede the free circulation of these products and lead to unequal conditions of competition;

Whereas the main objective of any provisions on the labelling of flavourings should be the need to inform and protect the consumer;

Whereas in accordance with the procedure laid down in Article 10 of Council Directive 88/388/EEC, a draft of the measures to be taken was submitted to the Standing Committee for Foodstuffs which was unable to express an opinion; whereas under the same procedure, the Commission consequently submitted to the Council a proposal relating to the measures to be taken;

Whereas since the Council had not adopted any measures by the end of the three months it was given, the Commission must adopt the proposed measure,

HAS ADOPTED THIS DIRECTIVE: Article 1

The following Article shall be added:

'Article 9a

• 1. 

  Flavourings intended for sale to the final consumer may not be marketed unless their labels indicate the following obligatory information, which should be easily visible, clearly legible and indelible:

(a) either the word "flavouring" or a more specific name or description of the flavouring;

(b) either the words "for foodstuffs" or a more specific reference to the foodstuff for which the flavouring is intended;

(c) the date of minimum durability in conformity with Article 3 (1) No 4 and Article 9 of Council Directive 79/112/EEC (*);

(d) where necessary, the special conditions for storage and use;

(e) the instructions for use if omission thereof would prevent appropriate use of the flavouring;

(f) the net quantity expressed in units of mass or volume;

(g) the name or business name and address of the manufacturer or packer, or of a seller established within the Community;

(h) an indication or mark indentifying the batch in conformity with Council Directive 89/396/EEC (**);

(i) in the case of a mixture of flavouring(s) with other substances a list in descending order of weight in the mixture of:

• - 

  the flavouring or flavourings in question, in conformity with (a) above;

• - 

  the names of each of the other substances or materials or, where appropriate, their E numbers.

• 2. 

  the word 'natural', or any other word having substantially the same meaning, may be used only for flavourings in which the flavouring component contains exclusively flavouring substances as defined in Article 1 (2) (b) (i) and/or flavouring preparations as defined in Article 1 (2) (c). If the sales description of the flavourings contains a reference to a foodstuff or a flavouring source, the word 'natural' or any other word having substantially the same meaning, may not be used unless the flavouring component has been isolated by appropriate physical processes,...

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