WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/250 
29 October 2004 
 (04-4615) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION  
 
1. Member to Agreement notifying:   EUROPEAN COMMUNITIES
 
If applicable, name of local government involved: 
2. Agency responsible:   Commission of the European Communities.  Health & Consumer 
Protection Directorate-General  Directorate E – Food Safety: Plant Health, Animal Health and Welfare, International questions 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where applicable):  Numerous food products mostly in HS headings:  1 006 (Rice);  0210 (Meat 
and edible meat offal, salted, in brine, dried or smoked);  0305 (Subheading 030561 Fish 
salted - Pickled Herrings);  0402 (Dairy based dr inks);  0405 (Butter and other fats and oils; 
dairy spreads);  0406 (Cheese);  0408 (Birds' eggs, not in shell);  0710 subheadings 071010 (Potatoes) and 071021 (Leguminous vege tables);  1302 subheading 130220 (pectic 
substances);  1600 (Preparations of meat, of fish  or of crustaceans, molluscs or other aquatic 
invertebrates);  1601 (Sausages an d similar products);  1602 (Other  meat preparations);  1704 
(Confectionery);  2004 and 2004 (w hen related to pre-processe d potatoes);  2008 (Jams, fruit 
jellies etc.);  2103 (Sau ces and preparations th ereof etc.);  2208 (Spirits, liqueurs and other 
spirituous beverages).  
ICS: 67.040 (Food products in general) and 67.220 (Spices and condiments .  Food additives). 
4. Regions or countries likely to be affected , to the extent relevant or practicable:  
Member States of the European Communiti es (EC) and third countries exporting the 
products concerned to the European Communities.  
5. Title, language and number of pages of the notified document:   COM (2004)650 -
2004/0237/COD Proposal for a Directive of th e European Parliament and of the Council 
amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs.  (Available in English and French - 
22 pages) 
6. Description of content:  The proposed measures can be outlined as follows:  
1. Following the advice from the European Food Safety Authority (EFSA) (See under 
N°. 9 "relevant documents") and with a view to reduce the level of nitrosamines in 
meat products, this proposal decreases the permitted levels of added nitrites and 
nitrates while preserving the micr obiological safety of products.  
2. Further to Commission Decision 2004/37 of 13 April 2004 suspending the placing on 
the market and import of jelly mini-cups containing the food additives E 400, E 401, 
E 402, E 403, E 404, E 405, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E 417 and/or E 418  (O. J. of the EU, No L118, 23 April 2004 p.70 ) notified in 
G/SPS/N/EEC/242 (7 April 2004) and following a dvise by the EFSA (See N°. 9) this 
proposal withdraws the authorisation for ge l-forming food additives in jelly mini-
cups.   G/SPS/N/EEC/250 
Page 2  
 
 3. It is proposed to withdraw the authorisat ion for the use of propyl p-hydroxybenzoate 
(propyl paraben, E216) and its sodium salt (E217). The proposed amendments follow 
the advice from EFSA (See N°. 9). 
4. It is proposed to authorise the following f ood additives: ethyl cellulose, erythritol, 4-
hexyl resorcinol and soybean hemicellulo se; the proposed amendments follow the 
advice from EFSA (See N°. 9). 
7. Objective and rationale:  [ X ] food safety, [   ] animal health, [   ] plant protection, 
[   ] protect humans from animal/plant pest or disease,  [   ]  protect territory from other 
damage from pests 
8. International standard, guideline or recommendation:  
[ X ] Codex Alimentarius Commission, [   ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention, [ X ] None  
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:   For some of the food additives listed in this 
proposal there is a CODE X standard.  The main difference for the proposed amendments for 
sodium and potassium nitrate and nitrite is th at in this proposal the permitted levels are 
expressed as "added"  during manufacturing .  
This proposal complies with CAC/GL 36 - 2001Class Names and The International 
Numbering System for food additives.  
9. Relevant documents and language(s ) in which these are available:   
The Opinions of the Scientific Panel on food additives, flavourings, processing aids and 
materials in contact wi th food [AFC], of the European Food Safety Authority (EFSA) are 
available at http://www.efsa.e u.int/science/afc/afc_opi nions/catindex_en.html .  
The " Opinion of the Scientific Panel on Biol ogical Hazards on the request from the 
Commission related to the effects of Nitrites/ Nitrates on the Microbiol ogical Safety of Meat 
Products ".  (Full PDF text and summ ary) is available from:  
http://www.efsa.eu.int/scie nce/biohaz/biohaz_opinions/229/opinion_biohaz_04_en1.pdf   
http://www.efsa.eu.int/scienc e/biohaz/biohaz_opinions/229/opinion_biohaz_04_summary_en
1.pdf   
The Opinion of the Scientific Panel on Food Additives, Flavourings , Processing Aids and 
Materials in Contact with Food on a Reque st from the Commission related to para 
hydroxybenzoates (E 214-219).   (Full text PDF and summary) is available from: 
http://www.efsa.eu.int/scie nce/afc/afc_opinions/630/op inion_afc16_ej83_pa rabens_en1.pdf   
http://www.efsa.eu.int/scienc e/afc/afc_opinions /630/opinion_afc16_ej 83_parabens_summary
_en1.pdf   
The opinion of the Scientific Panel on Food Add itives, Flavourings, Processing Aids and 
Materials in Contact with Food on a Request from the Commission related to the use of 
certain food additives in Jelly mini cups.  ( Full PDF text and summary) is available from: 
http://www.efsa.eu.int/scienc e/afc/afc_opinions/522/opini on_afc14_ej82_jelly_minicups_en1
.pdf  
http://www.efsa.eu.int/scienc e/afc/afc_opinions/522/opini on_afc14_ej82_jelly_minicups_su
mmary_en1.pdf   
The opinion of the Scientific Panel on Food Add itives, Flavourings, Processing Aids and 
Materials in Contact with Food (AFC) on a re quest from the Commission related to Ethyl 
Cellulose as a food additive.   (Full PDF text and summ ary) is available from: 
http://www.efsa.eu.int/science/afc/ afc_opinions/410/op inion_afc_08_en1.pdf   
http://www.efsa.eu.int/scie nce/afc/afc_opinions/410/op inion_afc_08_summary_en1.pdf     G/SPS/N/EEC/250 
 Page 3 
 
 
  
The opinions of the Scientif ic Committee on Food [SCF] on 
• Soybean Hemicellulose (expressed on 4 April 2003) 
• 4-Hexyl resorcinol (expressed on 5 March 2003) 
• Erythritol (opinion expressed on 5 March 2003) 
 are available at http://europa.eu.int/comm/food/fs/sc/scf/outcome_en.html#opinions  
10. Proposed date of adoption:   This European Commission's proposal is submitted to the 
Council and to the European Parliament fo r its adoption according to the co-decision 
procedure (Article 251 of the EC Treaty).  An ex act date of adoption cannot be given at this 
moment although is expected to take place around December 2005.  Detailed information 
about this procedure is given at "Pre-lex": 
http://europa.eu.int/prelex/detail _dossier_real.cfm?CL=en&DosId=191806  
11. Proposed date of entry into force:   Once adopted it will enter into force 20 days after 
publication in the Official Journal. 
12. Final date for comments:  Sixty (60) days after the date of notification 
Agency or authority designated to handle comments:  [ X ] National notification 
authority, [   ] National enquiry point, or address, fax number and E-mail address (if available) of other body:    
13. Texts available from:  [   ] National notificati on authority, [ X ] National enquiry point, 
or address, fax number and E-mail address (if available) of other body:  
The full text of the proposal COM (2004)650 -2004/0237/COD Proposal for a Directive of 
the European Parliament and of the Counci l amending Directive 95/2/EC on food additives 
other than colours and sweeteners and Dire ctive 94/35/EC on sweeteners for use in 
foodstuffs  is available from  
English:  http://europa.eu.int/eur-lex /en/com/pdf/2004/com2004_0650en01.pdf  
French:  http://europa.eu.int/eur-lex/ fr/com/pdf/2004/com2004_0650fr01.pdf