L 157/98 Official Journal of the European Union 17.6.2008 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 23 May 2008 concerning national provisions notified by Denmark on the addition of nitrite to certain meat products (notified under document number C(2008) 2168) (Only the Danish text is authentic) (2008/448[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: I. FACTS AND PROCEDURE By letter of 21 November 2007, which reached the Commission on 23 November 2007, the Permanent Representation of the Kingdom of Denmark to the European Union, notified to the Commission its national provisions concerning the addition of nitrites to certain meat products, pursuant to Article 95(4) of the Treaty establishing the European Community. The Kingdom of Denmark considers it necessary to maintain these provisions in spite of the adoption of Directive 2006/52[EC of the European Parliament and of the Council of 5 July 2006 amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs (*) and intends not to transpose Directive 2006/52/EC into national law insofar as it concerns the addition of nitrite to meat products. 1. COMMUNITY LEGISLATION 1.1. ARTICLE 95(4) AND (6) OF THE EC TREATY Article 95(4) of the EC Treaty provides that If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.’ According to Article 95(6) of the EC Treaty, the Commission shall, within six months of the notification, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. () O] L 204, 26.7.2006, p. 10.