10. 9. 94 Official Journal of the European Communities No L 237/13 EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/36/EC of 30 June 1994 on colours for use in 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 Council Directive $9/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption (!}, and in particular Article 3 (2) thereof, Having regard to the proposal from the Commission (), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure referred to in - Article 189b of the Treaty (%), Whereas differences between national laws relating to the conditions of use of colours in food hinder the free movement of foodstuffs; whereas this may create conditions of unfair competition; Whereas the prime consideration for any rules on these food additives and their conditions of use should be the need to protect and inform the consumer; Whereas a food additive may only be used when there is evidence that it is technologically necessary and that its use is not harmful to health; Whereas colours are used to restore original appearance of food whose colour has been affected by processing, storage, packaging and distribution, whereby visual acceptability may have been impaired; Whereas colours are used to make food more visually appealing and help identify flavours normally associated with particular foods and to give colour to food otherwise colourless; (") O] No L 40, 11. 2. 1989, p. 27. Directive as amended by Directive 94/34/EC (see page 1 of this Official Journal). (3) O] No C 12, 8. 1. 1992, p. 7. () OJ No C 313, 30. 11. 1992, p. 1. {*) Opinion of the European Parliament of 10 March 1993 (O] No C 115, 26. 4. 1993, p. 105), confirmed on 2 December 1993 (O] No C 342, 20. 12. 1993), Council common position of 9 March 1994 (not yet published in the Official Journal) and Decision of the European Parliament of 9 March 1994 (O] No C 91, 28. 3. 1994, p. 79). Whereas it is necessary to include certain colours intended for health marking of meat under the responsibility of the official veterinarian pursuant to the requirements of Directive 91/497/EEC (*), in particular Chapter XI of Annex [ thereto; Whereas only those colours authorized by this Directive should be used for the decoration of eggs or for the stamping of eggs as provided in Regulation (EEC) No 1274/91 (%); Whereas colours are used to reinforce colours already present in food; Whereas it is generally recognized that unprocessed foodstuffs and certain other basic foodstuffs should be free from food additives; Whereas, having reagard to the most recent scientific and toxicological information on additives, some of these are to be permitted only for certain foodstuffs and under certain conditions of use; Whereas it is necessary to lay down strict rules for the use of-additives in food for infants and young children; Whereas the Scientific Committee for Food has been consulted for those substances not yet being the subject of a Community provision; Whereas it is desirable that when a decision is taken on whether a particular foodstuff belongs to a certain category of foods, the consultation of the Standing Committee for Food procedure be followed; Whereas this Directive replaces partially the Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption (7); Whereas the modification of existing purity criteria on colouring matters and new specification for those where no purity criteria exist, will be proposed in accordance with the procedure of Article 11 of Directive 89/107/EEC; (*) OJ No 268, 24. 9. 1991, p. 69. Directive as amended by Directive 92/5/EEC (O] No L 57, 2. 3. 1992, p. 1). (*) Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation (EEC}) No 1907/90 on certain marketing standards for eggs (O] No L 121, 16. 5. 1991, p. 11). Regulation as last amended by Regulation (EC) No 1259/94 (O] No L 137, 1. 6. 1994, p. 54). (7) O] No 115, 11. 11. 1962, p. 2645/62. Directive as last amended by Directive 85/7/EEC (O] No L 2, 3. 1. 1985, p. 22).