7.1.1999 Official Journal of the European Communities L3/13 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 December 1998 on the national provisions notified by the Kingdom of Sweden concerning the use of certain colours and sweeteners in foodstuffs (notified under document number C(1998) 4193) (Only the Swedish text is authentic) (Text with EEA relevance) (1999/5/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 100a(4) thereof, Whereas: THE FACTS 1. Community legislation Council Directive 89/107/EEC on the approxima- tion of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (') was adopted on 21 December 1988. Article 3(2) of this Directive provides that the Council shall, acting on a proposal from the Commission under the procedure laid down in Article 100a of the EC Treaty, adopt a list of additives the use of which is authorised to the exclusion of all others and the list (") OJ L 40, 11. 2. 1989, p. 27, Directive as last amended by Directive 94/34/EC, (O] L 237, 10. 9. 1994, p. 1). of foodstuffs to which these additives may be added, the conditions under which they may be added, and, where appropriate, a limit on the tech- nological purpose of their use. Pursuant to the above provision, the Commission presented three proposals for specific Directives, the first on sweeteners, the second on colours and the third on various additives. These proposals were prepared in accordance with the requirements of Article 6 of Directive 89/107/EEC after consulta- tion with the Scientific Committee for Food (SCF) which was asked by the Commission to evaluate the safety of additives. The opinions of the SCF which were used as a basis for the Commission’s proposals for Directives were constantly taken into consideration throughout the discussions on these proposals for Directives in the European Parlia- ment and the Council, right up to the adoption of the Directives themselves. On 30 June 1994 two (%) specific Directives (forming part of the compre- hensive Directive pursuant to Article 3 of Directive 89/107/EEC) were adopted by the European Parlia- ment and the Council in accordance with the procedure laid down in Article 100a, namely Direc- tive 94/35/EC(®) on sweeteners for use in () The third Directive, 95/2/EC, is not concerned by this De- cision. () OJ L 237, 10. 9. 1994, p. 3; Directive as last amended by Directive 96/83/EC, (OJ L 48, 19. 2. 1997, p. 16; corri- gendum: OJ L 259, 7. 10. 1994, p. 33).