No C 247/12 Official Journal of the European Communities 1. 10. 79 
ANNEX 
to the opinion of the Economic and Social Committee 
The following amendment was rejected: 
'Add the following to 1.1.1: 
"The Section finds the Commission's reasoning understandable. However, it does think that legal 
certainty makes it necessary for the Directive's scope to be defined precisely so that Member States 
and socio-economic interest groups know exactly what implementing Directives are to be expected. 
If the Commission should come to the conclusion at some later date that the outline Directive does not 
give it the power to prepare an implementing Directive which is considered to be necessary, the 
outline Directive should be adapted in line with the procedure provided for in Article 100".' 
Reasons 
It is proposed in the outline Directive on construction products that the Commission be authorized to lay 
down implementing Directives in this sector after holding consultations with socio-economic interest 
groups and the Member States. In other words, the power to lay down Directives in this sector is to be 
conferred on the Commission. 
This is acceptable provided that the fields and products to be covered by the Commission's implementing 
Directives are made clear. The Directive does not do so (cf. 1.1.4 of the opinion). 
As long as there is no such clarity, the Commission can lay down practically any Directive it wants to in 
the field of construction products. This creates legal uncertainty and is in conflict with the division of 
power to be found in democracies. 
The aim of the amendment is to ensure that the Commission's powers are clearly defined. 
Voting 
For: 1; against: 60; abstentions: 12. 
Opinion on the proposal for a Council Directive amending for the seventh time Directive 
73/241/EEC on the approximation of the laws of the Member States relating to cocoa and 
chocolate products intended for human consumption 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 121 of 15 May 1979, page 7. 
A. LEGAL BASIS FOR THE OPINION 
On 4 May 1979 the Council referred the abovementioned proposal to the Economic and 
Social Committee in accordance with Article 100 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 170th 
plenary session held in Brussels on 17 and 18 July 1979. 
The full text of the opinion is as follows: 
1. 10. 79 Official Journal of the European Communities No C 247/13 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the request made by the Council of the 
v European Communities on 4 May 1979 for an opinion, 
Having regard to the decision taken by its Bureau on 21 
May 1979 instructing the Section for Agriculture to 
prepare the Committee's work on the matter, 
Having regard to the Committee's previous work on the 
matter, 
Having regard to the opinion issued by the Section for 
Agriculture at its meeting held on 5 July 1979, 
Having regard to the oral report submitted by the 
rapporteur, Mr Zinkin, 
Having regard to the discussions at its 170th plenary 
session held on 17 and 18 July 1979 (meeting of 17 July 
1979), 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
1. The Committee considers that there is a most 
urgent need for the Commission to carry out a more 
detailed study of whether polyglycereol polyricinoleate 
and sorbitan tnstearate do not do the consumer any 
harm and whether or not they should be used in the 
manufacture of chocolate. 
2. There is no toxicological evidence which warns 
against the use of either of these substances in the 
Done at Brussels, 17 July 1979. manufacture of chocolate if the quantities in which they 
are used at present in some Member States are adhered 
to. On the other hand, there is no certainty that the 
acceptable intake levels laid down for these substances 
by toxicologists will never be reached cumulatively. The 
Commission should carry out a more detailed study 
before the critical point is laid down once and for all. 
3. Both substances benefit the chocolate 
manufacturing process, although the benefits to be 
gained from polyricinoleate are obtained in some 
Member States by using other methods of manufacture. 
The use of polyricinoleate makes it possible to 
manufacture chocolate which melts at a lower 
temperature, and is therefore easier to coat and fill with 
fruits and nuts and is a little less costly. Sorbitan 
tristearate stops the formation of the whitish 
efflorescence to which consumers are very sensitive. 
4. The Committee would emphasize that it is 
generally opposed to the use of additives in foodstuffs 
unless this is absolutely necessary. The object must 
therefore be to introduce uniform rules and regulations 
throughout the Community as so6n as possible. 
5. The Committee does, however, think that pending 
the findings of the study called for above, the derogations 
applicable to polyglycerol polyricinoleate and sorbitan 
tristearate should be maintained in certain Member 
States where these substances are widely used in the 
chocolate industry. The use of these substances should be 
indicated on the label, which means that Directive 
73/241/EEC on the approximation of the laws of the 
Member States relating to cocoa and chocolate products 
intended for human consumption will have to be 
amended accordingly. 
6. Finally, the Committee points out, as it has already 
done, that the term 'chocolate' should only be used to 
refer to products which really do contain chocolate. 
The Chairman 
of the Economic and Social Committee 
Raffaele VANNI