18. 3. 95 Official Journal of the European Communities No L 61/1 (Acts whose publication is obligatory) EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE No 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners THE VEUROPEAN 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 the proposal from the Commission (), Having regard to the opinion of the Economic and Social Committee {?), Acting in accordance with the procedure laid down in Article 189b of the Treaty (), Having regard to the Council Directive 89/107/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 (4), and in particular Article 3 (2) thereof, Whereas differences between national laws relating to preservatives, antioxidants and other additives and their conditions of use 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 the consumer; Whereas it is generally recognized that unprocessed foodstuffs and certain other foodstuffs should be free from food additives; Whereas, having regard to the most recent scientific and toxicological information on these substances, some of them are to be permitted only for certain foodstuffs and under certain conditions of use; (1) OJ No C 206, 13. 8. 1992, p. 12, and O] No C 189, 13. 7. 1993, p. 11. (3} OJ No C 108, 19. 4. 1993, p. 26. {3} Opinion of the European Parliament of 26 May 1993 (O] No C 176, 28. 6. 1993, p. 117), confirmed on 2 December 1993 (O] No C 342, 20. 12. 1993), common position of the Council of 10 March 1994 (O] No C 172, 24. 6. 1994, p. 4) and decision of the European Parliament of 16 November 1994 (O] No C 341, 5. 12. 1994) () OJ No L 40, 11. 2. 1989, p. 27. Whereas it is necessary to lay down strict rules for the use of food additives in infant formulae, follow-on formulae and weaning foods, as referred to in Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (%), and in particular Article 4 (1) (e) thereof; Whereas this Directive is not intended to affect rules relating to sweeteners and colours; Whereas, pending specific provisions pursuant to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (¢), and pursuant to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables ("), certain substances belonging to this category are provisionally covered by this Directive; Whereas the Commission is to adapt Community provisions to accord with the rules laid down in this Directive; Whereas the Scientific Committee for Food has been consulted for those substances which are not yet the subject of a Community provision; Whereas it is necessary to include in this Directive specific provisions concerning additives referred to in other Community provisions; 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 Foodstuffs procedure is followed; Whereas modifications of existing purity criteria for food additives other than colours and sweeteners and néw specifications for those where no purity criteria exist will (5 OJ No L 186, 30. 6. 1989, p. 27. (°) OJ No L 230, 19. 8. 1991, p. 1. Directive as last amended by Commission Regulation (EEC) No 3600/92 (O] No L 366, .15, 12, 1992, p. 10). () OJ No L 350, 14. 12. 1990, p. 71.