11. 2. 89 Official Journal of the European Communities No L 40/27 COUNCIL DIRECTIVE 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 (89/107/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and -Social | Committee (2), Whereas differences between national laws relating to food additives and the conditions for their use hinder the free movement of foodstuffs; whereas they may create conditions of unfair competition, thereby directly affecting the establishment or functioning of the common market; Whereas the approximation of these laws is therefore necessary; Whereas these requirements should be included in a comprehensive directive, where neccessary. drawn -up in stages; Whereas the drawing-up of lists of categories of food additives to be covered by a directive is a matter to be decided by-the Council acting undér the procedure laid down in Article 100a of the Treaty; _ Whereas the use of food additives: belonging to such categories should be authorized only on the basis of agreed scientific and technological criteria laid down by the Council; Whereas in drawing up lists of additives and the conditions for their use the Scientific Committee for Food, set up by.. Commission Decision 74/234/EEC (3}, should be consulted _before the adoption of provisions likely to affect public health; Whereas it must be possible to-adopt the. list of authorized additives to scientific and technical developments; whereasin - that-case, it may be appropriate also to have, in addition to (1) OJ No C 99, 13. 4. 1987, p. 65 and O] No C 12, 16. 1. 1989. (?) O] No C 328, 22. 12. 1986, p. 5. (®) OJ No L 136, 20. 5. 1974, p. 1. the rules of procedure laid down by the Treaty, a system permitting the Member States to contribute, by the adoption - of temporary national measures, to the search for a Community solution; Whereas the determination of the criteria of purity for such food additives and the drawing-up of methods of analysis and sampling are technical matters to be entrusted to the Commission; Whereas- existing - Community provisions on: colouring matters, preservatives, anti-oxidants and emulsifiers, stabilizers, thickeners and gelling agents will require amendment on the basis of this Directive; Whereas, in all cases where the Council empowers the Commission to implement rules relating to foodstuffs, provision should be-made for a procedure instituting close cooperation between Member States and the Commission within the Standing Committee on Foodstuffs set up by Commission Decision 69/414/EEC (4), HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive shall apply to food additives the various categories of which are given in Annex I and which are used or intended to be used as ingredients during the manufacture or preparation of a foodstuff and are still present in the final product, even if in altered form, hereinafter called ‘food additives’. 2.  Forthe purposes of this Directive ‘food additive’ means- . any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in.the manufacture,  processing, preparation, treatment, packaging, transport or storage of such food results, or may- be reasonably. expected to result, in it or its by-products becoming directly or indirectly a component of such foods. (%) OJ No L 291, 19. 11. 1969, p. 9.