Opinion of the European Economic and Social Committee on "Proposal for a Directive of the European Parliament and of the Council amending Directive 95/2/EC as regards the conditions of use for a food additive E-425 konjac"

(COM(2002) 451 - 2002/0201 (COD))

(2003/C 85/11)

On 17 September 2002 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 13 November 2002. The rapporteur was Mr Donnelly.

At its 395th plenary session on 11 and 12 December 2002 (meeting of 11 December 2002), the European Economic and Social Committee adopted the following opinion by 97 votes to zero, with six abstentions.

1. Introduction

1.1. The Miscellaneous Additives Directive (95/2/EC) applies to food additives other than colours, sweeteners and flour-treatment agents. Only additives which satisfy the requirements laid down by the Scientific Committee for Food may be used in foodstuffs. The main condition of use is the need to protect the consumer.

1.2. Directive 95/2/EC authorises in its Annex IV the use of the food additive E-425 konjac in foodstuffs under certain conditions.

1.3. Several Member States and third countries have taken measures to temporarily prohibit the placing on the market of jelly mini-cups containing E-425 konjac because they constitute a serious risk to human health. Warning through labelling is not a sufficient requirement to protect human health, especially of children.

1.4. Article 53(1) of Regulation (EC) No 178/2002 allows the Commission to suspend the placing on the market or use of a food that is likely to constitute a serious risk to human health, when such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.

1.5. By Decision 2002/247/EC of 27 March 2002, the Commission has suspended the placing on the market and import of jelly confectionery containing food additive E-425 konjac.

1.6. By the 2002 Proposal(1) on the conditions of use for a food additive E-425 konjac, the Commission intends to amend Directive 95/2/EC on food additives in order to withdraw the authorisation to use E-425 konjac in jelly mini-cups and the use of E-425 konjac in any other jelly confectionery. Jelly mini-cups constitute a risk to human health as well as a possible life-threatening risk. In the present case, warning through labelling is considered as not sufficient to protect human health, especially with regard to children.

2. General comments

2.1. The use of E-425 konjac in jelly confectionery is a serious cause of health risk. It is life threatening in the case of jelly mini-cups, and number of deaths have been reported in third countries, due to the ingestion of such products, in particular among infants, children and elderly.

2.2. The Committee therefore believes that the measure proposed by the Commission is appropriate and responds adequately to the Community objective of ensuring a high level of health protection.

2.3. The Committee agrees with the Commission that labelling is not an adequate response to the problem. Infants and children may not be able to read labels.

2.4. Some third countries have addressed the problem in issuing product recalls. Such emergency measure was adopted by the Commission in March 2002. The Commission now proposes to adopt a permanent measure. The Committee supports the Commission's view.

2.5. Product recalls are an appropriate temporary response to a situation of emergency, or as a precautionary measure, but are not an adequate measure in the longer term. The production and marketing of a product which is not just a potential risk for health, but is life threatening and has been the direct cause of many deaths, must be banned in the Community, and should not just be suspended.

2.6. Finally, the Committee has always been concerned by the compliance of EU regulations with international trading standards. In this case, the Committee feels that the withdrawal of the use of E-425 konjac in jelly mini-cups and any other jelly confectionery does not represent an obstacle to trade. The proposed measure only aims at banning the use of E-425 konjac in products where it represents a life threatening risk by the proposed measure.

3. Conclusion

3.1. The Committee welcomes and fully supports the Commission's proposal to amend Annex IV of Directive 95/2/EC aimed at withdrawing the use of E-425 konjac in jelly mini-cups and any other jelly confectionery.

Brussels, 11 December 2002.

The President

of the European Economic and Social Committee

Roger Briesch

(1) COM(2002) 451, 5.8.2002.