22.12.1999 Official Journal of the European Communities L 329/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 October 1999 on the national provisions notified by the Kingdom of Denmark concerning the use of sulphites, nitrites and nitrates in foodstuffs (notified under document number C(1999) 3416) (Only the Danish text is authentic) (Text with EEA relevance) (1999/830/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: THE FACTS 1. Community legislation Council Directive 89/107/EEC on the approximation 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 former 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 of foodstuffs to which these additives may be added, the conditions under which they may be added and, where appropriate, a limit on the technological 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 () OJ L 40, 11.2.1989, p. 27. Directive 89/107/EEC as last amended by Directive 94/34EC (O] L 237, 10.9.1994, p. 1). additives other than colours and sweeteners. These proposals were prepared in accordance with the requirements of Article 6 of Directive 89/107/EEC after consultation with the Scientific Committee for Food (SCF) which had been asked earlier by the Commission to evaluate the safety of additives. The opinions of the SCF, on which the Commission based its proposals for directives, were constantly taken into consideration throughout the discussions on these proposals in the European Parliament and the Council, right up to the adoption of the directives themselves. Three specific directives constituting stages in the comprehensive directive referred to in Article 3 of Directive 89/107/EEC were thus adopted (). Only the third of these three Directives is concerned with this Decision, i.e. European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners. 2. National provisions (3) Before the entry into force of Directive 95/2/EC, the Danish legislation consisted of a positive list drawn up in October 1988 determining the conditions of use in foodstuffs of additives, including nitrates, nitrites and sulphites, and Order No 242 of 17 April 1991. Member States were required to bring into force the laws, regulations and administrative provisions necessary to (%) Directive 94/35/EC on sweeteners (O] L 237, 10.9.1994, p. 3). Directive 94/35/EC as last amended by Directive 96/83/EC (O] L 48, 19.2.1997, p. 16). Directive 94/36/EC on colours (O] L 237, 10.9.1994, p. 13). Directive 95/2/EC (O] L 61, 18.3.1995, p. 1). Directive 95/2[EC as last amended by Directive 98/72/EC (O] L 295, 4.11.1998, p. 18).