L 159/4 Official Journal of the European Communities 3.6.98 COUNCIL REGULATION (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication of the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC THE COUNCIL OF THE EUROPEAN UNION, (4) Whereas certain Member States have taken meas- Having regard to the Treaty establishing the European Community, Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs ('), and in particular Article 4(2) thereof, ures in respect of the labelling of foods and food ingredients produced from the products concerned; whereas differences between those measures are liable to impede the free movement of those foods and food ingredients and thereby adversely affect the functioning of the internal market; whereas it is therefore necessary to adopt uniform Community labelling rules for the products concerned; (5) Whereas Regulation (EC) No 258/97 of the Euro- pean Parliament and of the Council of 27 January Having regard to the proposal from the Commission 1997 concerning novel foods and novel food ingre- ’ dients (%), lays down, in Article 8, additional specific labelling requirements in order to ensure proper ) . . information for the final consumer; whereas those (1) Whereas, in accordance with the provisions of Part additional specific labelling requirements do not C of Council Directive 90/220/EEC of 23 April apply to foods or food ingredients which were used 1990 on the deliberate release into the environ- for human consumption to a significant degree ment of genetically modified organisms (), within the Community before the entry into force consents have been given for the placing on the of Regulation (EC) 258/97 and are for that reason market of certain genetically modified products by considered not to be novel; Commission Decision 96/281/EC of 3 April 1996 concerning the placing on the market of geneti- cally modified soya beans (Glycine max L.) with increased tolerancc? to the. herbicide glyphosate, (6) Whereas, in order to prevent distortions of pursuant to 'Counc1l .D'lrectlve 90/220/EEC (), and competition, labelling rules for the information of by Commission Decision 97/98/EC of 23 January the final consumer based on the same principles 1997 concerning the placing on the market of should apply to foods and food ingredients genetically modified maize (Zea mays L.) with the consisting of or derived from GMOs which were combined modification for insecticidal properties placed on the market before the entry into force of conferred by the Bt—ep(.lotoxin gene and increz.ised Regulation (EC) No 258/97 pursuant to a consent tolerance to the herbicide glufosinate ammonium given under Directive 90/220/EEC, and to foods pursuant to Council Directive 90/220/EEC (*; and food ingredients which are placed on the market thereafter; (2) Whereas in accordance with Directive 90/220/EEC there were no safety grounds for mentioning on the label of genetically modified soya beans (Glycine (7) Whereas, therefore, Commission Regulation (EC) max L) or of genetically modified maize (Zea No 1813/97 of 19 September 1997 concerning the mays L). that they were obtained by genetic modi- compulsory indication on the labelling of certain fication techniques; foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC (°) laid down general (3) Whereas Directive 90/220/EEC does not cover labelhng rules for the abovementioned pI'OdUCtS; non-viable products derived from genetically modi- fied organisms (hereinafter referred to as ‘GMOs); () OJ L 33, 8. 2. 1979, p. 1. Directive as last amended by Dir- (8) Whereas it is now urgent to lay down detailed ective 97/4/EC of the European Parliament and of the uniform Community rules for the labelling of the Council (O] L 43, 14. 2. 1997, p. 21). foodstuffs covered by Regulation (EC) No 1813/97; (» OJ L 117, 8. 5. 1990, p. 15. Directive as last amended by Directive 97/35/EC (O] L 169, 27. 6. 1997, p. 72). () OJ L 107, 30. 4. 1996, p. 10. () OJ L 43, 14. 2. 1997, p. 1. () OJ L 31, 1. 2. 1997, p. 69. () OJ L 257, 20. 9. 1997, p. 7.