23. 11. 96 Official Journal of the European Communities No L 295/1 (Acts whose publication is obligatory) REGULATION (EC) No 2232/96 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Having consulted the Scientific Committee for Food, Acting in accordance with the procedure laid down in Article 189b of the Treaty (%), (1) Whereas 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 food- stuffs and to source materials for their production (%) provides for the adoption by the Council of the appropriate  provisions  concerning  flavouring substances; (2) Whereas the appropriate provisions apply without prejudice to the general framework established by Directive 88/388/EEC, (3) Whereas differences between national laws relating to flavourings hinder the free movement of food- stuffs; whereas they may create conditions of unequal competition, thereby directly affecting the func- tioning of the internal market; () OJ NoC1,4.1.1994, p. 22 and OJ No C 171, 24. 6. 1994, p. 6 () OJ No C 195, 18. 7. 1994, p. 4. () Opinion of the European Parliament of 5 May 1994 (O] No C 205, 25. 7. 1994, p. 398), Council common position of 22 December 1995 (O] No C 59, 28. 2. 1996, p. 37) and Deci- sion of the European Parliament of 22 May 1996 (O] No C 166, 10. 6. 1996, p. 61). Council Decision of 25 June 1996. () OJ No L 184, 15. 7. 1988, p. 61. Directive as amended by Directive 91/171/EEC (OJ No L 42, 15. 2. 1991, p. 25). (4) Whereas national laws relating to flavourings for use in or on foodstuffs should take account primarily of human health requirements but also, as far as health protection allows, of economic and technical needs; (5) Whereas, in order to achieve the free movement of foodstuffs, approximation of those laws is necessary; (6) Whereas the Community measures envisaged by this Regulation are not only necessary but also essential to realize the stated objectives; whereas these objec- tives cannot be achieved by Member States individu- ally; (7) Whereas it is necessary to establish general criteria for the use of flavouring substances; (8) Whereas, on the basis of the most recent scientific advice, it is necessary to lay down a list of flavouring substances which may be used in or on foodstuffs; (9) Whereas that list must be open-ended and capable of being amended in the light of scientific and tech- nical developments; (10) Whereas already authorized flavouring substances which are produced using processes or from source materials which were not the subject of the evalua- tion carried out by the Scientific Committee for Food will be resubmitted for a comprehensive evalu- ation by that body; (11) Whereas it may be necessary for health reasons to adopt conditions of use for certain flavouring substances; (12) Whereas flavouring substances which are actually used in the Member States and the use of which cannot be challenged by any of the latter pursuant to the general rules of the Treaty should initially be listed in a register; whereas such registration does not come under Article 7 of Directive 88/388/EEC and does not, therefore, call for the intervention of the Scientific Committee for Food at this stage;