L 24/58 Official Journal of the European Union 29.1.2004 DIRECTIVE 2003/ 1 14/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 December 2003 amending Directive 95/2/EC on food additives other than colours and sweeteners THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1)  Food additives may be approved for use in foodstuffs only if they comply with Annex II to Council Directive 89/107EEC of 21 December 1988 on the approxima- tion of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (). (2)  Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweeteners (%) lays down a list of food additives that may be used in the Community and the conditions for their use. (3)  There have been technical developments in the field of food additives since the adoption of Directive 95/2/EC. That Directive should be adapted to take account of those developments. (4)  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 foodstuffs and to source mate- rials for their production (°) provides for the adoption of a list of additives necessary for the storage and use of flavourings, and the adoption of any special conditions for the use of such additives that may be necessary for the protection of public health and to ensure fair trade. () O] C 208, 3.9.2003, p. 30. (*) Opinion of the European Parliament of 3 July 2003 (not yet published in the Official Journal), and Decision of the Council of 1 December 2003. () OJ L 40, 11.2.1989, p. 27. Directive as amended by Directive 94/ 34[EC of the European Parliament and of the Council (O] L 237, 10.9.1994, p. 1). () OJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive 2003/52/EC (O] L 178, 17.7.2003, p. 23). () OJ L 184, 15.7.1988, p. 61. Directive as amended by Commission Directive 91/71/EEC (O] L 42, 15.2.1991, p. 25). (5) It is desirable to incorporate into Directive 95/2[EC those measures on additives necessary for the storage and use of flavourings, in order to contribute to trans- parency and consistency of Community legislation, and to facilitate compliance with Community legislation on food additives by food manufacturers, especially by small and medium-sized enterprises. In addition, according to Regulation (EC) No 178/2002 of the European Parlia- ment and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (¢), flavourings fall within the definition of ‘food". (6)  While the use of additives which are necessary to ensure the safety and quality of flavourings and to facilitate their storage and use should be authorised, the levels of additives present in such flavourings should be the minimum required to achieve the intended purpose. In addition, consumers should be guaranteed correct, adequate and non-misleading information on the use of additives. (7)  The presence of an additive in a foodstuff, due to the use of a flavouring, is generally low and the additive does not have a technological function in the foodstuff. However, if under certain circumstances the additive does have a technological function in the compound foodstuff, it should be considered as an additive of the compound foodstuff and not as an additive of the flavouring, and the relevant rules relating to the additive in the particular foodstuff should apply, including the labelling rules laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and adver- tising of foodstuffs (’). (8)  In accordance with Directive 88/388/EEC, food manu- facturers should be informed about the concentrations of all additives in flavourings in order to enable them to comply with Community legislation. That Directive also requires quantitative labelling of each component subject to a quantitative limitation in a foodstuff. A quantitative limitation is expressed either numerically or by the ‘quantum satis’ principle. (®) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (O] L 245, 29.9.2003, p. 4). () OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (O] L 308, 25.11.2003, p. 15).