Council Directive of 25 July 1983 on the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption (83/417/EEC) (repealed)

Council Directive

of 25 July 1983

on the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption

(83/417/EEC) (repealed)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas the laws, regulations and administrative provisions in force in some Member States define the composition and manufacturing characteristics of caseins and caseinates intended for human consumption, together with the conditions with which these products must comply in order that certain designations may be used in their regard or that their use in the preparation of other foodstuffs may be authorized; whereas such provisions do not exist at present in other Member States;

Whereas this situation is such as to hinder the free movement of caseins and caseinates intended for human consumption and to create conditions of unfair competition between users; whereas it therefore has a direct effect on the establishment and functioning of the common market;

Whereas it is therefore necessary to determine, at Community level, the rules which must be observed as regards the composition and labelling of these products;

Whereas at present edible caseins and caseinates are not generally sold to the ultimate consumer; whereas, however, should such a sale occur, 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 for sale to the ultimate customer(4) will also apply;

Whereas, on the other hand, with a view to facilitating trade it is advisable to adopt, at Community level, rules for labelling applicable to edible caseins and caseinates intended for use within the trade;

Whereas the preliminary programme of the European Economic Community for a consumer protection and information policy(5) provides for Community action in fields which are of special importance for the protection of the consumer's health and safety, notably in that of foodstuffs;

Whereas the process of defining the sampling procedures and methods of analysis necessary for testing the composition and other properties of the products in question constitutes a technical implementing measure the adoption of which should be entrusted to the Commission in order to simplify and speed up the procedure;

Whereas, in all the cases for which the Commission is empowered by the Council to implement the rules applicable to foodstuffs for human consumption, a procedure should be provided for instituting close cooperation between the Member States and the Commission within the Standing Committee for Foodstuffs set up pursuant to Decision 69/414/EEC(6),

HAS ADOPTED THIS DIRECTIVE:

(1)

OJ No C 50, 24.2.1979, s. 5.

(2)

OJ No C 140, 5.6.1979, s. 174.

(3)

OJ No C 247, 1.10.1979, s. 54.

(4)

OJ No L 33, 8.2.1979, p. 1.

(5)

OJ No C 92, 25.4.1975, p. 1.

(6)

OJ No L 291, 29.11.1969, p. 9.