8. 3. 78 Official  Journal  of the European  Communities No C 59/63 
Opinion  on the proposal  for a Council  Directive  amending  for the sixth  time  the Directive  of 
23 October  1962  on the approximation  of the laws  of the Member  States  concerning  the 
colouring  matters  authorized  for use in foodstuffs  intended  for human  consumption 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 300  of 13 December  1977,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 28 November  1977  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  100  of the Treaty  establishing  the Euro-
pean  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 154th 
plenary  session  held  in Brussels  on 14 and  15 December  1977. 
The full text  of the opinion  is as follows: 
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  for an opinion  made  by 
the Council  of the  European  Communities  on 28 
November  1977, 
" Having  regard  to the decision  taken  by its chairman  on 
14 November  1977,  in anticipation  of an imminent 
request  for an opinion,  instructing  the Section  for Pro-
tection  of the  Environment,  Public  Health  and  Con-
sumer  Affairs  to draw  up an opinion  and  a report  on 
the matter, 
Having  regard  to the opinion  issued  by that  Section  at 
its meeting  on 6 December  1977, 
Having  regard  to the report  submitted  by the rappor-
teur,  Mr De Grave, 
Having  regard  to the discussions  at its 154th  plenary 
session  held  on 14 and  15 December  1977  (meeting  of 
14 December  1977), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with no votes  against  and  13 abstentions: 
The Committee  cannot  wholeheartedly  approve  the 
Commission  proposal. 
1. General  comments 
1.1. The  Committee  regrets  that  it has been  consulted 
at such  a late date,  bearing  in mind  that  the opinions  of the Scientific  Committee  on Food  on the  colouring 
matters  (on  which  a decision  must  be reached  by 31 
December  1977)  were  issued  on 27 June  and  14 
November  1975.  This  deadline  of 31 December  1977 
makes  it impossible  for the consultation  machinery  set 
up under  the Treaty  of Rome  to function  satisfactorily. 
The Committee  formally  calls  on the Commission  to see 
to it in future  that  the interests  concerned  are consulted 
through  the  Economic  and  Social  Committee  early 
enough  for the Committee's  opinion  to be taken  into 
account  by the  Council,  COREPER  and  the  latter's 
dependent  bodies. 
1.2. The  Committee  notes  that  the  present  proposal 
intends  to extend  the  list of colourants  permitted  in 
food.  Such  a move  is contrary  to consumers'  wishes  and 
market  trends.  In most  of the Community  the amount 
of artificial  colouring  in food  is being  reduced. 
1.3. The  proposal  does  not  even  incorporate  all the 
Scientific  Committee's  recommendations  on reducing 
colourant  use.  The  Scientific  Committee  proposed  that 
one colourant  be banned  (although  its use in alcoholic 
drinks  could  be permitted  until  1980).  But  so far no 
action  has been  taken  on this  recommendation,  despite 
the backing  it has  received  from  the Economic  and 
Social  Committee. 
The Committee  asks  the Commission  to take  this  into 
consideration  when  the Directive  is next  amended,  bear-
ing in mind  any  advance  in toxocological  knowledge  in 
the meantime. 
1.4. The  Committee  would  also  refer  to the  general 
comments  in its opinion  of 23 November  1977  on the 
No C 59/64 Official  Journal  of the European  Communities 8. 3. 78 
proposal  for a Council  Directive  amending  for the first 
time Directive  74/329/EEC  on the approximation  of the 
laws  of the  Member  States  relating  to emulsifiers, 
stabilizers,  thickeners  and gelling  agents  for use in food-
stuffs. 
1.5. Because  of insufficient  knowledge,  the  Scientific 
Committee  for Food  has been  able  to give  only  a provi-
sional  evaluation  of a number  of colourants.  The 
Committee  is not  against  Denmark,  Ireland  and  the 
United  Kingdom  continuing  to use  such  colourants 
temporarily  where  they  are already  permitted  by their 
national  law,  provided  that  this is the wish  of the indus-
tries concerned  and  that  these  industries  see to it that 
the toxocological  research  called  for by the Scientific 
Committee  is carried  out  within  the  time  limits  laid 
down. 
1.6. To the Committee's  mind  the fixing  of a provi-
sional  — rather  than  a definitive  — acceptable  daily 
intake  (ADI)  does  not  mean  that  colourants  may  be 
authorized  under  a national,  rather  than  a Community, 
procedure.  The  distinction  between  these  two  concepts 
is a toxicological  one;  the purpose  is not to introduce 
another  procedure  leading  to the same  authorization.  As 
far as the Committee  is concerned,  a provisional  ADI 
means  that  the  toxicity  of a colourant  has  not  been 
assessed  fully  and that,  although  such  a colourant  can-
not be cleared  completely,  the data  available  does  not 
indicate  that  an immediate  ban  is called  for. 
1.7. As additional  studies  are to be produced  shortly 
and the present  list of permitted  colourants  is valid  until 
31 December  1978,  the Committee  does  not think  that 
the Member  States  should  be allowed  to add  new  col-
ourants  to the list just  before  the Scientific  Committee 
for Food  is due to come  to a decision  on them  one  way 
or another.  There  is no recital  or explanatory  statement 
in the proposal  to justify  such  a move.  On the other 
hand,  the Committee  thinks  that  the authorization  to 
use these  colourants  should  be retained  for the moment 
in those  Member  States  where  they  can  be used  at 
present. 
2. Specific  comments 
2.1. The  Committee  approves  the Commission's  pro-
posals  concerning  the following  colouring  matters: 
— E 106  riboflavin-5-phosphate, 
— E 171  titanium  dioxide, 
— E 172  iron  oxides  and hydroxides. 
2.2. Yellow  2G 
2.2.1.  The  opinion  of the Scientific  Committee  on this 
colourant  expresses  some  reservations  (see  the Section's 
report).  But  the Scientific  Committee  considers  that  it 
may be authorized  temporarily  until  31 December  1978 provided  that  it is used  in fairly  small  doses  and that  it 
undergoes  a series  of toxicity  tests  before  being  included 
on the Community  list of authorized  colourants. 
2.2.2.  To the Committee's  knowledge  these  tests  will 
not be carried  out because  the Community  industry  in 
question  has not asked  for this colourant  to be included. 
2.2.3.  The  Committee  therefore  asks  that  the Member 
States  be allowed  to continue  to authorize  Yellow  2G 
until  31 December  1980,  in line  with  the  Scientific 
Committee's  recommendation.  This  would  enable 
stocks  to be used  up. The  provisional  ADI  for Yellow 
2G is particularly  small,  being  only  one-hundredth  of a 
milligram  per kilogram  of body  weight. 
2.3. Red  2G 
2.3.1.  The  Scientific  Committee  considers  that  this 
colourant  can be permitted  in food,  although  the ADI  is 
particularly  small  (one-tenth  of a milligram  per  kilo-
gram  of body  weight). 
2.3.2.  The  Committee  is therefore  hesitant  about  ap-
proving  the Commission's  proposal.  Since  the colour-
ants Directive  is to be reviewed  next  year,  the Commit-
tee proposes  that  only  those  Member  States  which  at 
present  allow  Red  2G to be used  should  be authorized 
to keep  their  national  laws  in force.  The  Commission 
should  ask these  Member  States  to allow  Red  2G to be 
used  to an extent  compatible  with  the  ADI  (see  the 
Section's  report). 
2.3.3.  When  the Directive  is next  reviewed  the Com-
mission  should  consider  whether  Red  2G is necessary 
from  the technological  point  of view.  The  Committee 
could  only  approve  Red  2G being  authorized  at that 
time if such  authorization  were  accompanied  by mea-
sures  to restrict  the use of Red  2G to a few  foodstuffs 
which  are consumed  in small  quantities. 
2.3.4.  The  Committee  has taken  note  of the Commis-
sion's  declaration  that  it cannot  yet  follow  up the 
Committee's  request  (*) that  consumers  be prevented 
from  ingesting  quantities  of additives  that  are  above 
healthy  levels.  Since  the Commission  cannot  give  any 
(1) See  the  Economic  and  Social  Committee's  opinion  of 28 
January  1976  on the proposal  for a Council  Directive  for a 
fifth  amendment  to the Directive  on the approximation  of 
the laws  of the  Member  States  concerning  the  colouring 
matters  authorized  for  use  in foodstuffs  intended  for 
human  consumption  (OJ  No C 50,  4. 3. 1976),  as con-
firmed  in the Committee's  opinion  of 23 November  1977 
on the proposal  for a Council  Directive  amending  for the 
first time  Directive  74/329/EEC  on the  approximation  of 
the laws  of the  Member  States  relating  to emulsifiers, 
stabilizers,  thickeners  and  gelling  agents  for use  in food-
stuffs  (not  yet published  in the Official  Journal). 
8. 3. 78 Official  Journal  of the European  Communities No C 59/65 
such guarantee,  the Committee  cannot  accept  an addi-
tive that  is provisionally  authorized  in some  but not all 
Member  States  being  allowed  to circulate  freely  in the 
Community. 
2.3.5.  The  Committee  understands  the Commission  is 
trying  to put an end to national  laws  which  theoretically 
are incompatible  with  a common  market.  But  the pre-
sent waiver  is a minor  matter  when  compared  with  the 
other  derogation  schemes  at present  in operation. 
Moreover,  allowing  Red  2G  to be used  in all nine 
Member  States  would  not make  it any easier  to set up a 
common  market  unless  measures  were  taken  to ensure 
that this  colourant,  if used,  could  only  be added  to the 
same  foodstuff  or foodstuffs  in each  country. 
2.4. Brilliant  Blue  FCF  — Brown  FK  — Chocolate 
Broum  HT 
2.4.1.  On  27 June  1975  the Scientific  Committee  on 
Food  carried  out a provisional  toxicological  assessment 
of these  three  colourants.  The  provisional  ADI  for 
Brown  FK is particularly  low  (one-twentieth  of a milli-
gram  per kilogram  of body  weight),  but for the other 
two colourants  the figure  is higher  (2 5 milligrams  per 
kilogram  of body  weight). 
2.4.2.  Toxicity  tests  are at present  being  conducted  to 
determine  if, and  to what  extent,  these  colourants  can 
be definitively  accepted.  The  Committee  therefore  does 
not think  that  a Directive  should  allow  them  to be used 
until  31 December  1978,  as Article  4 does,  because  they 
may well  be banned  after  this date.  If this  happened,  as 
well it might,  the Council  and  Commission  would  not 
be shown  in a very  good  light  and there  might  be reper-
cussions  on the food  industry,  at least  in those  regions 
of the Community  where  consumers  are quite  sensitive. 
2.4.3.  It is worth  noting  that  the Scientific  Committee's 
opinion  came  out  two-and-a-half  years  ago,  but  the 
Economic  and  Social  Committee  has still  not received any word  about  the toxicity  tests  that  have  been  con-
ducted  in the meantime. 
2.4.4.  The  Committee  therefore  proposes  that  these 
colourants  continue  to be allowed  only  in those 
Member  States  where  they  are allowed  at present;  they 
should  not be authorized  throughout  the Community.  A 
final  solution  should  be worked  out as soon  as possible, 
when  there  is sufficient  data  available. 
2.4.5.  If the tests  at present  being  carried  out  indicate 
that these  colourants  may  be included  on the  Com-
munity's  'authorized'  list,  two  things  should  be done: 
— account  should  be taken  of the ADI, 
— steps  should  be taken  to prevent  the colouring  of a 
foodstuff  by one  of these  colourants  being  such  as 
to mislead  consumers  as to the nature  and  quantity 
of the ingredients  used. 
2.5. Ammonia  caramel 
2.5.1.  The  Committee  notes  that  in one of the proposed 
Directives  which  was  recently  the subject  of an opinion, 
the Commission  proposed  drawing  a distinction  be-
tween  pectins  and  amide  pectins  because  the toxicologi-
cal assessments  of the two  types  differed  considerably. 
2.5.2.  The  Committee  calls  upon  the Commission  and 
the Council  to make  a similar  distinction  between 
natural  and  ammonia  caramel,  for the same  reasons.  It 
has only  been  possible  to fix a provisional  ADI  for the 
latter  because  of the presence  of impurities  after  manu-
facture.  The  proposed  Directive  would  therefore  read: 
— E 150a  caramel  (except  for ammonia  caramel), 
— E 150b  ammonia  caramel. 
2.6. Cochineal  (E 120) 
2.6.1.  See  paragraph  1.3 in the general  comments. 
Done  at Brussels,  14 December  1977. 
The Chairman 
of the Economic 
and Social  Committee 
Basil  de FERRANTI