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COUNCIL DIRECTIVE

OF 1 AUGUST 1974

AMENDING , FOR THE FIRST TIME , COUNCIL DIRECTIVE NO 70/357/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE ANTIOXIDANTS AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION

( 74/412/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS ARTICLE 2 OF COUNCIL DIRECTIVE NO 70/357/EEC ( 1 ) OF 13 JULY 1970 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE ANTIOXIDANTS AUTHORIZED FOR USE IN FOOD INTENDED FOR HUMAN CONSUMPTION , PERMITS MEMBER STATES FOR A PERIOD OF THREE YEARS FOLLOWING THE NOTIFICATION OF THE SAID DIRECTIVE TO MAINTAIN THE PROVISIONS OF THEIR NATIONAL LAWS AUTHORIZING THE USE IN FOODSTUFFS OF CALCIUM DISODIUM ETHYLENE DIAMINE TETRA-ACETATE , PROPYL GALLATE AND L-ASCORBIC ACID ESTERS OF THE UMBRANCHED FATTY ACIDS C14 AND C18 ;

WHEREAS ANNEX VII , CHAPTER IX , 3 OF THE ACT OF ACCESSION ( 2 ) PERMITS THE NEW MEMBER STATES , UP TO AND INCLUDING 31 DECEMBER 1977 , TO MAINTAIN IN FORCE THE PROVISIONS OF THEIR NATIONAL LAWS EXISTING ON THE DATE OF ACCESSION RELATING TO THE USE IN FOODSTUFFS OF PROPYL GALLATE ;

WHEREAS THE TECHNOLOGICAL USEFULNESS OF THESE SUBSTANCES IN FOOD HAS BEEN DEMONSTRATRED WITHIN THE COMMUNITY ;

WHEREAS THE LAWS OF CERTAIN MEMBER STATES STILL PERMIT THE USE OF THESE SUBSTANCES ;

WHEREAS THE SITUATION MUST BE REVIEWED IN THE LIGHT OF THE MOST RECENT SCIENTIFIC AND TOXICOLOGICAL INFORMATION ;

WHEREAS THE SCIENTIFIC COMMITTEE FOR FOOD , INSTITUTED BY COMMISSION DECISION OF 16 APRIL 1974 ( 3 ) , HAS NOT YET FULLY CONSIDERED THIS INFORMATION ;

WHEREAS IT IS THEREFORE NOT POSSIBLE TO TAKE A FINAL DECISION AS TO WHETHER OR NOT THE USE OF THESE SUBSTANCES SHOULD BE AUTHORIZED WITHIN THE COMMUNITY ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

THE FIRST PARAGRAPH OF ARTICLE 2 OF DIRECTIVE NO 70/357/EEC SHALL BE REPLACED BY THE FOLLOWING TEXT WITH EFFECT FROM 13 JULY 1974 :

" BY WAY OF DEROGATION FROM ARTICLE 1 , MEMBER STATES MAY MAINTAIN THE PROVISIONS OF THEIR NATIONAL LAWS PERMITTING THE USE IN FOODSTUFFS OF CALCIUM DISODIUM ETHYLENE DIAMINE TETRA-ACETATE , PROPYL GALLATE AND L-ASCORBIC ACID ESTERS OF THE UNBRANCHED FATTY ACIDS C14 AND C18 UNTIL 31 DECEMBER 1977 . "

ARTICLE 2

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 1 AUGUST 1974 .

FOR THE COUNCIL

THE PRESIDENT

B . DESTREMAU

( 1 ) OJ NO L 157 , 18 . 7 . 1970 , P . 31 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) OJ NO L 136 , 20 . 5 . 1974 , P . 1 .