COMMISSION OF THE EtJROPEAN CŒMDNITIES 
C0M(91) 444 final - SYN 368 
Brussels,10 December 1991 
Proposal for a 
COUNCIL DIRECTIVE 
on colours for use in foodstuffs 
(presented by the Commission) 
- 2 -
EXPLANATORY MEMMANPUM 
Directive 89/107/EEC of 21 December 1988 states in Article 3(1) and (2): 
"1. Particular provisions In respect of the additives in the categories 
given in Annex I shall be laid down in a comprehensive Directive, 
including existing specific Directives. That Directive may, however, 
be drawn up in stages. 
2. The Council shall, acting on a proposal from the Commission under the 
procedure laid down in Article 100a of the Treaty, adopt: 
(a) a list of additives the use of which is authorized to the 
exclusion of all others; 
(b) 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; 
(c) the rules on additives used as carrier substances and solvents, 
including where necessary their purity criteria." 
As a first stage in the establishment of the comprehensive Directive 
mentioned above, a proposal for a Council Directive on sweeteners for use 
in foodstuffs has already been made. The present proposal is dealing with 
colours. 
The Scientific Committee for Food has been consulted on those substances 
awaiting Community provision. Their opinions are published in the series 
of Reports of the Scientific Committee for Food. 
Specifications of identity and purity for those food additives, which as 
yet lack them, will be drawn up according to the procedure laid down in 
Article 11 of Directive 89/107/EEC. 
- 3 -
Proposal for a 
COUNCIL DIRECTIVE 
on colours for use in foodstuffs 
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 Par I lament(2*, 
Having regard to the opinion of the Economic and Social Committee*3*, 
Having regard to 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 the conditions of use 
of colours in food 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 and to 
prevent him from being misled; 
Whereas a food additive may only be used when there is evidence that the 
use of this additive has an advantage for the consumer; 
Whereas colours are used to restore original appearance of food whose 
colour has been affected by processing, storage, packaging and 
distribution, whereby visual acceptability may have been impaired; 
Whereas colours are used to make food more visually appealing and help 
identify flavours normally associated with particular foods and to give 
colour to food otherwise colourless; 
Whereas colours are used to reinforce colours already present in food; 
Whereas it is generally recognized that unprocessed foodstuffs and certain 
other basic foodstuffs should be free from food additives; 
Whereas, having regard to the most recent scientific and toxicological 
information on additives, some of these are to ba permitted on!y for 
certain foodstuffs and under certain conditions of use; 
(1) 
(2) 
(3) 
(4) OJ No L 40, 11.2.1989, p. 27 
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Whereas it is necessary to lay down strict rules for the use of additives 
in food for infants and young children-, 
Whereas the Commission should adapt certain Community provisions to accord 
with the rules laid down in this Directive; 
Whereas the Scientific Committee for Food has been consulted for those 
substances not yet being the subject of a Community provision; 
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 Food procedure be followed; 
Whereas this Directive replaces partially the Council Directive of 
23 October 1962 on the approximation of the rules of the Member States 
concerning the colouring matters authorized for use in foodstuffs intended 
for human consumption, as last amended by the Act of Accession of Spain and 
Portugal*5*; 
Whereas the modification of existing purity criteria on colouring matters 
and new specification for those where no purity criteria exist, will be 
proposed in accordance with the procedure of Article 11 of Directive 
89/107/EEC, 
(S) OJ NO 115. 11.11.1962. p. 264S/62. 
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HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive is a specific Directive forming a part of the 
comprehensive Directive within the meaning of Article 3 of Directive 
89/107/EEC. 
2. Colours are substances which add or restore colour in a food, and 
include natural components of foodstuffs and natural sources, which 
are normally not consumed as foodstuffs as such and not normally used 
as characteristic ingredients of food. 
3. The following substances shall not be considered colours for the 
purposes of this Directive: 
- foodstuffs, flavourings and their components, incorporated during 
the manufacturing of compound foodstuffs, because of their 
aromatic, sapid or nutritive properties together with a secondary 
colouring effect, such as paprika, turmeric and saffron. 
- colours used for the colouring of egg shells and for stamping meat 
and the inedible external parts of foodstuffs, such as cheese 
coatings and sausage casings. 
Article 2 
1. Only the substances listed in Annex I may be used as colours in 
foodstuffs. 
2. Colours may be used only in the foodstuffs listed in Annexes III, IV 
and V and under the conditions specified therein. 
3. Colours may not be used in the foodstuffs listed in Annex II except 
where specifically provided for in Annex III, Annex IV or Annex V. 
4. Colours permitted for certain uses only are listed in Annex IV. 
5. Colours permitted in general in foodstuffs and the conditions of use 
therefor are listed in Annex V. 
6. Maximum levels indicated in the Annexes refer to foodstuffs as 
marketed, unless otherwise stated. 
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Article 3 
Without prejudice to other Community \provis ions, the presence of a colour 
in a foodstuff is permissible: 
in a compound foodstuff other than one mentioned in Annex II to the 
extent that the colour is permitted in one of the ingredients of the 
compound foodstuff; 
or 
if the foodstuff is destined to be used solely in the preparation of a 
compound foodstuff and to such an extent that the compound foodstuff 
conforms to the provisions of this Directive. 
Article 4 
It may be decided by the procedure laid down in Article 6, whether a 
particular foodstuff belongs to a category of foods mentioned in 
Article 2(2), (3), (4) and (5), and whether substances are colours in the 
meaning of Article 1. 
Article $ 
Any provision necessary to adapt existing Community provisions to the rules 
laid down in this Directive shall be adopted within 6 months of 
notification, in accordance with the procedure laid down in Article 6. 
Article 6 
Where the procedure laid down in this Article is to be followed, the 
Chairman shall refer the matter to the Standing Committee for Foodstuffs, 
hereinafter refered to as "the Committee", either on his own initiative or 
at the request of the representative of a Member State. 
The representative of the Commission shall submit to the Committee a draft 
of the measures to be taken. The Committee shall deliver its opinion on 
the draft, within a time limit which the chairman may lay down according to 
the urgency of the matter, if necessary by taking a vote. 
The opinion shall be recorded in the minutes; in addition, each Member 
State shall have the right to ask to have its position recorded in the 
minutes. 
The Commission shall take the utmost account of the opinion delivered by 
the Committee. It shall inform the Committee of the manner in which its 
opinion has been taken into account. 
- 7 -
Article 7. 
In accordance with the General Criteria of point 4 of Annex 
89/107/EEC, within 5 years from the adoption of this 
Commission shall review the conditions of use mentioned in 
and propose modifications where necessary. 11 to Direct ive 
Directive, the 
this Directive, 
Article 8 
Articles 1 to 7, Article 8(1), second indent and (2), and Articles 9 to 15 
of the Directive of 23 October 1962 are hereby repealed. 
References to the repealed provisions shall be construed as references to 
the corresponding provisions of this Directive. 
Article 9 
Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive not later 
than 1 November 1992 in order to: 
- allow trade in and use of products conforming to this Directive 
not later than 1 November 1993, 
- prohibit trade in and use of products not conforming to this 
Directive not later than 1 November 1994. 
They shall at once inform the Commission thereof. 
When Member States adopt these measures, these shall contain a reference to 
this Directive or shall be accompanied by such reference on the occasion of 
their official publication. The procedure for such reference shall be laid 
down by Member States. 
Article 1Q 
This Directive is addressed to the Member States. 
Done at Brussels, For the CounclI 
The President 
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ANNEX I 
LIST OF PERMITTED FOOD COLOURS 
Note : Aluminium lakes prepared from colours mentioned In this annex are 
authorised. 
EEC N' COMMON NAME COLOUR INDEX 
NUMBER (1) 
OR DESCRIPTION 
E 100 
E 101 
E 102 
E 104 
E 110 
E 120 
E 122 
E 123 
E 124 
E 127 
E 128 
E 129 
E 131 
E 132 
E 133 Curcum In 
I) Riboflavin 
II) Rlboflavln-5'-phosphate 
Tartrazlne 
Qui not I ne Yellow 
Sunset Yellow FCFt 
Orange Yellow S 
Cochineal, Carmlnlc acid 
Carmines 
Azorublne, Carmolslne 
Amaranth 
Ponceau 4R, Cochineal Red A 
Erythros/ne 
Red 2G 
Allura Red AC 
Patent Blue V 
IndIgotlne, Indigo Carmine 
Brill/ant Blue FCF 75300 
19140 
47005 
15985 
75470 
14720 
16185 
16255 
45430 
18050 
16035 
42051 
73015 
42090 
(1) Colour Index numbers are taken from the 3rd edition 1982, volumes 1-7, 
1315. Also amendments 37-40 (125), 41-44 (127-50), 45-48 (130), 49-52 
(132-50), 53-56 (135). 
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EEC N' COMMON NAME COLOUR INDEX 
NUMBER (1) 
OR DESCRIPTION 
E 140 
E 141 
E 142 
E 150a 
E 150b 
E 150c 
E 150d 
E 151 
E 153 
E 154 
E 155 ChlorophylIs and 
ChlorophylI Ins 
I) chlorophylIs 
II) chlorophylI Ins 
Copper complexes of 
chlorophylIs and 
chlorophylI Ins 
I) copper complexes of 
chlorophylIs 
II) copper complexes of 
chlorophylI Ins 
Green S 
Plain caramel (2) 
Caustic sulphite caramel 
Ammonia caramel 
Sulphite ammonia caramel 
Brilliant Black BN, 
Black PN 
Vegetable Carbon 
Brown FK 
Brown HT 75810 
75815 
75815 
44090 
28440 
20285 
(1) Colour Index numbers are taken from the 3rd edition 1982, volumes 1-7, 
1315. Also amendments 37-40 (125), 41-44 (127-50), 45-48 (130), 49-52 
(132-50), 53-56 (135). 
(2) The term caramel relates to products of a more or less intense Drown 
colour which are Intended for colouring. It does not correspond to the 
sugary aromatic product obtained from heating sugar and which is used 
for flavouring food (e.g. confectionery, pastry, alcoholic drinks). 
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EEC N' COMMON NAME COLOUR INDEX 
NUMBER (1) 
OR DESCRIPTION 
E 160a 
E 160b 
E 160c 
E 160d 
E 160e 
E 160f 
E 161b 
E 161g 
E 162 
E 163 
E 170 
E 171 
E 172 
E 173 
E 174 
E 175 
E 180 Carotenes : 
I) Mixed carotenes 
II) Beta-carotene 
Annatto, blxln, norblxln 
Paprika extract, 
capsanthln, capsorubln 
Lycopene 
Beta-apo-8'-carotenal (C 30) 
Ethyl ester of Beta-apo-8'-
carotenlc acid (C 30) 
Lutein 
Canthaxanthln 
Beetroot Red, bet an in 
Anthocyanlns 
Calcium carbonate 
Titanium dioxide 
Iron oxides and hydroxides 
Aluminium 
SI I ver 
Gold 
Litholrublne BK 75130 
40800 
75120 
40820 
40825 
Prepared by physical means 
from fruits and vegetables 
77220 
77891 
77491, 77492 
77499 
(1) Colour Index numbers are taken from the 3rd edition 1982, volumes 1-7, 
1315. Also amendments 37-40 (125), 41-44 (127-50), 45-48 (130), 49-52 
(132-50), 53-56 (135). 
- // -
ANNEX II 
FOODSTUFFS WHICH MAY NOT CONTAIN ADDED COLOURS, EXCEPT WHERE 
SPECIFICALLY PROVIDED FOR IN ANNEX III, ANNEX IV OR ANNEX V 
Unprocessed foodstuffs (*) 
Mineral water as mentioned In directive 80/777/EEC(1) 
Milk, semi-skimmed and skimmed milk, pasteurized or sterilized (including 
UHT sterf11 sat Ion) (**) 
Fermented mllk(**) 
Preserved milks as mentioned In the directive 76/118/EEC(*"') (2) 
Butter-mi Ik(**) 
Cream and cream powder(**) 
Virgin oils and olive oil 
Egg yolk, egg white, whole egg and egg powder 
Flour and starch 
Bread 
Pasta 
Sugars as defined In directive 73/437/EEC(3) 
Tomato paste and tomato preserves 
Fruit Juice and fruit nectar as mentioned in directive 75/726/EEC(4) 
Fruit preserves 
Extra Jam, extra Jelly, and chestnut puree as mentioned in the directive 
79/693/EEC(5) 
Fish, meat and poultry 
Cocoa and chocolate products as mentioned In directive 73/241/EEC(6) 
Coffee, including Instant coffee 
Tea, tea extracts and infusions, Including instant tea mixes 
Spices 
Wine as defined by the regulation 87/822/EEC(7) 
Foods for Infants and young children as mentioned In directive 
89/398/EEC(8) 
Honey 
(*) Within the meaning of this directive, unprocessed foodstuffs are 
foodstuffs that have not undergone any treatment resulting in a 
substantial change In the original state of the foodstuffs. However, 
they may have been, for example, divided, parted, severed, boned, 
skinned, pared, peeled, ground, cut, cleaned, trimmed, frozen or 
chlI led. 
(**) unfIavoured 
(1) OJ L229,30.8.80, p.1 
(2) OJ L24,30.1.76, p.49 
(3) OJ 1356,27.12.73 p.71 
(4) OJ L311,1.12.75, p.40 (5) OJ L205,13.8.79, p.5 
(6) OJ L63.5.3.74, p.34 
(7) OJ 184,27.3.87, p.1 
(8) OJ L186.30.6.89, p.27 
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ANNEX III 
FOODSTUFFS TO WHICH ONLY CERTAIN PERMITTED COLOURS MAY BE ADDED 
FOODSTUFFS PERMITTED COLOUR MAXIMUM LEVEL 
Wholemeal, brown or E 150a Plain caramel quantum satis 
malt bread E 150b Caustic 
sulphite 
caramel 
E 150c Ammonia 
caramel 
E 150d Sulphite 
ammonia 
caramel 
Beer E 150a Plain caramel quantum satis 
E 150b Caustic 
sulphite 
caramel 
E 150c Ammonia 
caramel 
E 150d Sulphite 
ammonia 
caramel 
Butter (Including reduced E 160a Carotenes quantum satis 
fat butter and concentrated E 160b Annatto, 
butter) B/xln, 
Norblxln 
Margarine, ml narine, E 100 Curcumln 
other fat emulsions, and fats E 160a Carotenes quantum satis 
essentially free from water E 160b Annatto, B/xln 
Norblxln 
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FOODSTUFFS PERMITTED COLOUR MAXIMUM LEVEL 
Cheese E 131 Patent blue V 
E 140 ChlorophylIs q 
and chloro- u 
phylltns a 
E 141 Copper n 
complexes of t 
chlorophylIs u 
and chloro- m 
phyllins 
E 153 Vegetable 
carbon 
E 160a Carotenes 
E 160b Annatto, s 
Blxln, a 
Norblxln t 
E 171 Titanium I 
dioxide s 
E 100 Curcumln 
Refined vegetables oils E 160a Carotenes quantum satis 
except oIIve oil (for colour E 160b Annatto, Blxln 
restoration only) Norblxln 
Chorizo E 120 Cochineal, 200 mg/kg 
Carmlnlc acid, 
Carmines 
E 124 Ponceau 4R, 
Cochineal 250 mg/kg 
Red A 
Sobrasada E 110 Sunset 135 mg/kg 
yellow FCF 
E 124 Ponceau 4R 
Cochineal 200 mg/kg 
Red A 
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FOODSTUFFS PERMITTED COLOUR MAXIMUM LEVEL 
"Pasturmas" (edible E 100 Cur cum In 
external coating) E 101 I) Riboflavin 
II) Riboflavin quantum satis 
-5'-
phosphate 
E 120 Cochineal, 
Carminic acid, 
Carmines 
Sausages (Including eg E 100 Curcumln 20 mg/kg 
salami, cervelat, hot dog), E 110 Sunset yellow 50 mg/kg 
pates, meat pies and E 120 Cochineal, 100 mg/kg 
luncheon meat, burger meat carminic acid, 
containing minimum content carmines 
meat/fat of 82% and a E 124 Ponceau 4R 40 mg/kg 
minimum of 6% of cereals E 129 Allura Red 150 mg/kg 
E 150a Plain caramel quantum satis 
E 150b Caustic quantum satis 
sulphite 
caramel 
E 150c Ammonia quantum satis 
caramel 
E 150d Sulphite quantum satis 
ammonia 
caramel 
E 160a Carotenes 20 mg/kg 
E 160b Annatto 20 mg/kg 
Blxln, 
Norblxln 
E 160c Paprika 10 mg/kg 
extract , 
Capsanthin, 
Capsorubin 
E 162 Beetroot red, quantum satis 
betanin 
- 15 -
ANNEX IV 
COLOURS PERMITTED FOR CERTAIN USES ONLY 
COLOUR 
E 127 Erythroslne 
E 128 Red 2G 
E 154 Brown FK 
E 161g Canthaxanthln 
E 173 Aluminium 
E 174 Sliver 
E 175 Gold 
E 180 Lltholrublne BK FOODSTUFFS 
Cocktail cherries and 
candled cherries 
Cherries In syrup and 
cherries In cocktails 
Sausages and burgers with a 
starch content of more 
than 6 % 
Decorations and coatings 
Vegetable protein flour 
Smoked and cured fish 
Cooked sausages 
External coating of sugar 
confectionery for the 
decoration of cakes 
and pastries 
External coating of 
confectionery (chocolate 
excluded) 
Liqueurs 
External coating of 
confectionery (chocolate 
excluded) 
Liqueurs 
Edible Cheese surface MAXIMUM LEVEL 
200 mg/kg 
150 mg/kg 
20 mg/kg 
50 mg/kg 
150 mg/kg 
20 mg/kg 
30 mg/kg 
quantum satis 
quantum satis 
quantum satis 
quantum satis 
- 16 -
ANNEX y 
COLOURS PERMITTED IN FOODSTUFFS OTHER THAN 
THOSE MENTIONED IN ANNEX II AND III 
1. The following colours may be used in all foodstuffs other than those 
listed in Annex II, III at quantum satis : 
E 101 I) Riboflavin 
ii) Riboflavin-5'-phosphate 
E 140 Chlorophylls and chlorophylI ins 
E 141 Copper complexes of chlorophylls and chlorophyll ins 
E 150a Plain caramel 
E 150b Caustic sulphite caramel 
E 150c Ammonia caramel 
E 150d Sulphite ammonia caramel 
E 153 Vegetable carbon 
E 160a Carotenes 
E 160c Paprika extract, capsanthin, capsorubin 
E 162 Beetroot red, betanin 
E 163 Anthocyanins 
E 170 Calcium carbonate 
E 171 Titanium dioxide 
E 172 Iron oxides and hydroxides 
- 17 -
2. The following colours may be used singly or In combination in the 
following foods up to the maximum level specified in the table. 
E 100 Curcum In 
E 102 Tartrazlne 
E 104 Qui noil ne Yellow 
E 110 Sunset Yellow FCF 
Orange Yellow S 
E 120 Cochineal, Carminic acid, Carmines 
E 122 Azorublne, Carmolslne 
E 123 Amaranth (*) 
E 124 Ponceau 4R, Cochineal Red A 
E 129 Allura Red AC 
E 131 Patent Blue V 
E 132 IndIgotIne, Indigo Carmine 
E 133 Brilliant Blue FCF 
E 142 Green S 
E 151 Brilliant Black BN, Black PN 
E 155 Brown HT 
E 160b Annatto, Blxln, Norblxln 
E 160d Lycopene 
E 160e Beta-apo-8'-carotenal (C 30) 
E 160f Ethyl ester of Beta-apo-8'- carotenic acid (C 30) 
E 161b Lutein 
(*) For E 123 Amaranth, the maximum level should not exceed 30 mg/kg or 
30 mg/l as appropriate. 
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FOODSTUFFS MAXIMUM LEVEL 
Non-alcoholic flavoured drinks (*) 
Jams, Jellies, marmelades and other similar 
fruit preparations 
Candled fruits 
Preserves of red fruits 
Confectionery 
Decorations and coatings (*) 
Breakfast cereals 
Fine bakery wares (e.g. viennolserle, biscuits, 
cakes and wafers) (*) 
Edible ices (*) 
Processed cheese 
Desserts (*) 
Vegetables and fruits in vinegar, brine or oil 
Sauces, Seasonings and condiments (*) 
Mustard 
Fish and crustacean pastes, fish roe, salmon 
substitute, sur Iml, smoked or preserved fish 
Ready-to-eat savouries 
Edible cheese rind and edible collagen casings 
Fruit wines, aromatized wines and spirits (*) 
Cider or perry 
Formulae for particular nutritional uses (*) 
Dietary supplements 
Soups and brothsC") 
Canned mushy and processed legumes 
Vegetable protein flour 100 mg/l 
200 mg/kg 
200 mg/kg 
200 mg/kg 
300 mg/kg 
500 mg/kg 
200 mg/kg 
200 mg/kg 
150 mg/kg 
200 mg/kg 
150 mg/kg 
150 mg/kg 
500 mg/kg 
300 mg/kg 
500 mg/kg 
200 mg/kg 
quantum satis 
200 mg/l 
100 mg/l 
50 mg/kg 
quantum satis 
300mg/kg 
200 mg/kg 
100 mg/kg 
(*) Maximum levels refer to ready-for-consumptIon foodstuffs prepared 
according to the manufacturer's instruct Ions. 
COM(91) 444 final ISSN 0254-1475 
DOCUMENTS 
EN OS 10 
Catalogue number : CB-CO-91-505-EN-C 
ISBN 92-77-77483-5 
Office for Official Publications of the European Communities 
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