No C 139/10 Official  Journal  of the  European  Communities 12. 11.  74 
II 
(Preparatory  Acts) 
COUNCIL 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  proposal  for  a Council  Directive  relating  to the  harmonization  of the 
laws  of the  Member  States  concerning  natural  yeasts  and  yeasts  residues 
A. REQUEST  FOR  AN  OPINION 
At its 235th  meeting  held  on 22 March  1973,  the Council  decided,  in accordance  with 
the provisions  of Article  100  of the Treaty  establishing  the European  Economic  Commu-
nity,  to consult  the  Economic  and  Social  Committee  on the  above  proposal  for a Direc-
tive. 
The request  for an Opinion  was  sent  by the President  of the Council  to the Chairman  of 
the Economic  and  Social  Committee  on 23 March  1973. 
B. TEXT  WHICH  WAS  THE  SUBJECT  OF  THE  CONSULTATION 
The text  which  was  the  subject  of the  consultation  was  not  published  in the  Official 
Journal  of  the European  Communities. 
C. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
At its 117th  plenary  session  held  in Brussels  on 30 and  31 January  1974,  the Committee 
adopted  its Opinion  on the  text  referred  to under  B by a unanimous  vote  of all the 
members  present  or represented. 
The text  of the  Opinion  is as follows  : 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request  by the  President  of the 
Council  of the  European  Communities  on 23 March 
1973  for  an Opinion  on the  proposal  for  a Council 
Directive  relating  to the harmonization  of the  laws  of 
the Member  States  concerning  natural  yeasts  and  yeast 
residues  ; 
Having  regard  to Article  100  of the  Treaty  esta-
blishing  the  European  Economic  Community  ; 
Having  regard  to the Decision  taken  by its Bureau  on 
27 March  1973  entrusting  the  Section  for  Industry, Commerce-,  Crafts  and  Services  with  the  preparation 
of an Opinion  and  a report  on the  matter; 
Having  regard  to the  general  programme  of 28 May 
1969  for  eliminating  technical  barriers  to trade  in 
foodstuffs  resulting  from  disparities  between  the  laws, 
regulations  and  administrative  provisions  of  the 
Member  States  ; 
Having  regard  to the  Opinion  delivered  by  the 
Section  for Industry,  Commerce,  Crafts  and  Services  at 
its meeting  on 5 December  1973; 
12. 11. 74 Official  Journal  of the  European  Communities No C 139/11 
Having  regard  to the report  presented  by Mr Bourel; 
Having  regard  to its discussions  at its 117th  plenary 
session  on 30 and  31 January  1974,  during  its session 
on 31 January  1974, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously  by a show  of hands,  in pursuance  of 
Article  45 of the  Rules  of Procedure  : 
The Economic  and  Social  Committee  approves  the 
proposal  for  a Directive,  subject  to the  following 
comments  : 
I. General  considerations 
After  examining  the  proposal  for a Directive  relating 
to the  harmonization  of the  laws  of Member  States 
concerning  natural  yeasts  and  yeast  residues,  the 
committee  notes  very  broadly  that: 
1. the uses  of yeasts  are manifold  ; yeasts  are produced 
either  as 'seeds'  for  cultures,  or as fermentation 
agents  in the manufacture  of foodstuffs  and indus-
trial non-food  products,  or after  suitable  processing, 
for use in the manufacture  of foodstuffs  for human 
or animal  consumption  in view  of their  biological 
richness  and  high  protein  content; 
2. the processes  for  the  production  of yeasts  are 
varied  ; 
3. the  end-products  offered  to users  differ:  yeasts 
intended  for  reproduction  and  fermentation  are 
'live',  while  those  intended  for  consumption  are 
'dead'; 
4. in particular  as far as animal  feeding  is concerned, 
the protein  and  active  enzymes  contained  both  in 
. stabilized  living,  and  dead  yeasts  make  them  parti-
cularly  attractive  for the manufacture  of fodder,  all 
the more  so because  world  protein  requirements 
are far from  being  satisfied  ; 
5. it seems  expedient  to provide,  whenever  the  need 
arises,  for Community  rules  relating  to the characte-
ristics  of the  end  products  available  to users. 
II. General  comments 
1. The  committee  considers  that  the proposal  for a 
Directive  drawn  up by the  Commission  is somewhat 
complex  due  to the  layout  of the  provisions,  which 
does  not  always  display  that  precision  and  method 
which  are required  for the clear  and  precise  presenta-
tion essential  to the proper  application  of Community 
regulations. 
2. Without  wishing  to  redraft  the  text,  the 
committee  considers  that  the  following  layout  would 
facilitate  understanding  and  application  of the  Direc-
tive : (a) a general  definition  of natural  yeasts,  as given  in 
Chapter  I A of the  Appendix  (subject  to specific 
comments); 
(b) a list of the media  for growing  yeasts  or producing 
live and  dead  yeasts,  in particular  those  mentioned 
in Chapter  I B (4) of the  Appendix  (subject  to 
specific  comments); 
(c) a list of yeast  types  and  their  definitions,  taking 
their  use  into  account; 
(d) the provisions  of a specific  nature  applicable  in 
the EEC  to each  type  of yeast; 
(e) general  provisions  applicable  to all yeasts,  which 
appear  in various  Articles  of the  proposal  for  a 
Directive. 
3. The  committee  is of the  view  that,  if specific 
provisions  are  drawn  up for  yeasts  used  for  animal 
feeding  purposes,  they  should  be included  in the 
Directive  on  the  same  basis  as those  provisions 
relating  to yeasts  intended  for other  uses,  due  account 
being  taken  of the  specifications  and  checks  specific 
to this  type  of yeast. 
4. The  committee,  noting  that  certain  yeasts 
intended  for  food  uses  are  treated  to reduce  their 
content  of certain  components,  has  some  doubts 
about  the classification  of the  end-products  ; in parti-
cular,  the term  'yeast  residues'  used  in the proposal  for 
a Directive  (Chapter  II of the Appendix),  which  would 
normally  have  to be applied  to these  products,  does 
not appear  to be in line  with  the  aim  and  nature  of 
these  types  of treatment,  and  constitutes  a pejorative 
description.  The  committee  considers  that  these 
products  should  be covered  by a term  like  'treated 
yeasts'  with  the  details  of the  result  of the  treatment 
where  appropriate. 
In consequence,  while  being  retained,  the  yeast  resi-
dues  named  and  defined  in Chapter  II of the 
Appendix  should  be redefined. 
5. New  processes  for  the  production  of yeasts, 
based  on cultivation  of media  containing  saturated 
hydrocarbons  (culture  on alkanes),  appear,  at present, 
to offer  very  interesting  prospects  of meeting  protein 
needs.  Some  end-products  obtained  in this  way  have 
been  authorized  in certain  Member  States  for use  in 
the manufacture  of cattle  /feedingstuffs,  following 
lengthy  and  very  severe  tests  as to toxicity  and  nutri-
tional  value.  The  committee  considers  that,  on 
account  of the stage  reached  in producing  and  testing 
these  yeasts,  it is necessary  to take  steps  now  with  a 
view  to the drawing-up  of Community  provisions  on 
the marketing  of these  products,  both  for human  and 
for animal  consumption. 
Rigorous  specifications  and  test  methods  specific  to 
these  yeasts  should  be established  as soon  as possible, 
so that  Community  rules  are  laid  down  before 
Member  States  take  action  to authorize  these  yeasts 
without  coordination  at Community  level. 
No C 139/12 Official  Journal  of the  European  Communities 12. 11.  74 
6. On  the  basis  of all these  general  comments,  the 
committee  concludes  that  the title  of the proposal  for 
a Directive  should  be altered  as follows  to provide  a 
clear  indication  of its scope  : 
'Proposal  for  a Council  Directive  relating  to the 
harmonization  of the  laws  of Member  States 
concerning  natural  yeasts,  treated  yeasts  and  yeast 
residues  used  in the  manufacture  of foodstuffs  or 
intended  for  human  or animal  consumption.' 
7. Finally  the  committee  queries  the  adjective 
'natural'  applied  to the  word  yeast  in some  of the 
Community  languages  (F-I-N-E).  Yeast  is, after  all, a 
living  organism  produced  by culture  and,  thus,  natural 
in origin.  In Chapter  21.06  of the  Common  Customs 
Tariff  the  nomenclature  makes  a distinction  between 
natural  yeasts  and  'levures  artificielles'  (artificial  yeasts) 
in certain  Member  States  (Italy  and  ,France).  The 
committee  formally  requests  that  the term  'levure  arti-
ficielle'  be deleted  from  the customs  nomenclature  of 
these  Member  States.  The  products  so designated  are 
of chemical  origin  and  do  not  have  any  specific 
characteristics  or properties  of yeasts,  particularly  their 
fermenting  power.  These  products  are  'baking 
powders'  and  should  be named  as such  without  any 
reference  to yeast,  as is the case  in the  other  Member 
States.  This  would  allow  the  adjective  'natural'  to be 
deleted  from  the  draft  Directive. 
III. Specific  comments 
In its specific  comments,  the  committee  sets  out  the 
observations  it considers  necessary  in respect  of 
certain  provisions  of the  proposal  for  a Directive, 
while  maintaining  its  view  that  these  provisions 
should  be incorporated  in a text  with  a layout  in line 
with  the  ideas  expressed  in point  2 of its general 
comments. 
Article  1 
The committee  considers  that  the  definition  should 
be given  in this  Article  and  that  only  the list of yeast 
strains  should  be set out  in the  Appendix. 
On the  basis  of the views  it has expressed  with  respect 
to the  title  of the  proposal  for  a Directive  (general 
comments,  point  6) and  without  prejudice  to the 
request  made  in point  7 of its general  comments,  the 
committee  proposes  the  following  definition  : 
'Natural  yeasts  used  in the  manufacture  of food-
stuffs  or intended  for human  or animal  consump-
tion shall  mean  the  whole  cells  of a non-patho-
genic  strains  of yeast  belonging  to the  genera 
listed  in the  Appendix.' 
In addition  it should  be pointed  out  that  natural 
yeasts  are  obtained  either  as special  cultures  or as 
by-products  of fermentation  processes. Paragraphs  2 and  3 of Article  1 should  be deleted. 
Article  3(1) 
There  is no Community  definition  of drinking  water 
and reference  to it is pointless,  if not  dangerous,  parti-
cularly  since  certain  constituents  of habitually  used 
media  are far from  being  aseptic  or free  from  mineral 
salts.  In any  case,  yeast  production  processes  include  a 
stage  intended  to eliminate  any  production  irregulari-
ties resulting  from  the  use  of polluted  water. 
Article  3 (2) 
The committee  has  doubts  about  the  implications  of 
the provisions  of this  paragraph,  particularly  with 
respect  to modifying  the  natural  composition  of 
yeasts.  Yeasts  intended  for  human  consumption 
always  undergo  processing  ,to make  them  'dead', 
which  clearly  modifies  their  natural  composition. 
Thus,  i| appears  that  only  fresh  yeasts  intended  for use 
in bread  making  are liable  to come  within  the  scope 
of this  provision,  since  dried  active  yeasts  cannot  do 
so, in view  of the  processes  to which  they  are 
subjected. 
In order  to remove  the  ambiguity  of this  provision, 
the committee  requests  that  the concept  of 'qualitative 
and quantitative  modification  to their  natural  composi-
tion'  be replaced  by the concept  of 'quantitative  modi-
fication  of their  natural  dry  matter  after  culture'  in the 
specific  provisions  relating  to yeasts  used  in preparing 
foodstuffs  intended  for  human  consumption. 
Article  3 (3) (a) 
The committee  considers  that  in the  case  of pure 
culture  yeasts  and  yeasts  for reproduction  forming  the 
subject  of private  contracts  between  specialized  labora-
tories  or between  specialized  laboratories  for industrial 
users  the provision  relating  to the presence  of feeding 
substances  only  in quantities  absolutely  necessary 
cannot  be applied  and  requests  that  the  words  'abso-
lutely  necessary'  be replaced  by 'necessary'. 
Article  3 (3) (b) 
The committee  is surprised  that  the provisions  of this 
paragraph  are applicable  solely  to bread-making  yeasts 
and requests  that  they  also  apply  to yeasts  for fermen-
tation  industries  manufacturing  products  intended  for 
human  consumption,  and  to dead  yeasts  intended  for 
human  consumption. 
In addition,  the  committee  considers  that,  in view  of 
the production  processes,  traces  of sodium  chloride 
and release  agents  should  be authorized  in a propor-
tion to be determined. 
12. 11.  74 Official  Journal  of the  European  Communities No C 139/13 
Article  3(3)(c) 
The committee  considers  that  emulsifiers  should  not 
be permitted  to be present  in certain  types  of yeast 
unless  a positive  list of these  authorized  emulsifiers  is 
drawn  up at the  same  time. 
Article  4(1)(a) 
The committee  considers  that  the  list  of pathogenic 
strains  should  follow  the general  list of strains  in the 
Appendix,  in the  new  layout  proposed  for the Direc-
tive. 
Article  4(l)(b) 
In the  present  state  of the  art,  it is impossible  to 
determine  with  complete  exactitude  whether  patho-
genic  bacteria  or toxins  are  present  or not.  The 
committee  thinks  that  a provision  stipulating  that 
yeasts  must  not  contain  pathogenic  bacteria  or toxins 
at levels  dangerous  to health  should  be incorporated 
in the  general  provisions  which  are  applicable  to all 
types  of yeast.  In addition,  the check  should  be carried 
out as the  yeast  leaves  the  production  establishment. 
Article  4(l)(d),  second  indent 
The obligation  to keep  certain  types  of yeast  at a 
temperature  not  exceeding  4° C from  the moment  of 
production  until  use,  appears,  to the committee  to be 
either  superfluous  or unrealistic  : 
— superfluous  : 
1. in the  case  of yeasts  for reproduction  ; these  are 
usually  prepared  by  yeast  manufacturers  or 
users  of these  products  in fermentation  indus-
tries,  who  in any  case  take  all the  necessary 
technical  measures  for the  optimum  conserva-
tion of this  material  essential  to their  industry  ; 
2. in the case  of active  dried  yeasts,  since  these  are 
prepared  in this  way  for sale,  particularly  in hot 
countries  ; 
— unrealistic  in the  case  of baker's  yeasts,  as factory 
storage  and  distribution  are  effected  under 
optimum  conditions  for conserving  these  types  of 
yeast,  which,  moreover  can  tolerate  temperatures 
above  4° C without  impairment. 
Consequently  the  committee  requests  that  this  provi-
sion be deleted. 
Article  5 
In connection  with  point  5 of its general  comments, 
the committee  considers  that  this  Article  should  be 
deleted. 
These  types  of yeast  are not  at present  authorized  for 
human  consumption.  Such  drastic  prohibition  of their 
future  use  as in Article  5 casts  a suspicion  on these 
products  which  is not justified  at the present  stage  of 
research. In this  connection,  the  committee  draws  attention  to 
its general  comments,  which  clearly  indicate  the need 
to have  as soon  as possible  a Directive  dealing  with 
these  yeasts. 
Article  7 
The committee  holds  the  view  that,  as regards  the 
fresh  baker's  yeasts  mentioned  in this  Article,  a scale 
of weights  as provided  for can  only  be applied  above 
475 g, at least  as long  as the United  Kingdom  keeps 
its present  system  of weights. 
Article  8 
The committee  considers  that  this  Article  should  be 
revised  in the  light  of points  2 (c) and  4 of its general 
comments. 
Article  9 
This  Article  dealing  with  the  mandatory  indications 
on yeast  packages  and  labels  is difficult  to read  and 
understand.  Some  indications  apply  to all yeasts,  but 
the majority  apply  only  to particular  yeasts,  which  are 
specified  by reference  to Articles  of the  Directive  or 
paragraphs  of the  Appendix. 
The committee  would  reiterate  here  its observations  in 
point  2 of the  general  comments. 
In addition,  the committee  would  make  the  following 
specific  remarks  : 
— paragraph  1  (c) — As the  committee  has  already 
pointed  out,  the indication  'prohibited  in food  for 
human  consumption'  seems  inappropriate  for 
yeasts  cultivated  on  alkanes  (see  comments  on 
Article  5); 
— paragraph  1 (f) — The  media  for cultivating  'pure 
culture  yeasts'  and  'yeasts  for  reproduction'  are 
inherently  very  complex.  These  types  of yeast  are 
sold in diminutive  containers  and,  moreover,  are 
traded  between  specialists,  who  are  governed  by 
agreements  stipulating  the  constituents  of culture 
media.  Consequently,  the  committee  considers 
that the  provisions  of this  paragraph  are  difficult 
to apply.  It is of the  opinion  that  they  should  be 
brought  into  line  with  the  actual  conditions  under 
which  trade  in these  types  of yeast  is conducted. 
— paragraph  1  (g) — The  committee  would  refer 
back  to its comments  on Article  3 (3) c). 
— paragraph  J (I) — The  section  would  refer  back 
to the  observations  made  in point  4 of its general 
comments  and  requests  that  the result  of the treat-
ment  be indicated  in the  case  of products  to be 
described  by a term  such  as 'treated  yeasts'. 
— paragraph  2 — The  general  trend  as regards  the 
transport  of products  in packages  or bags  is for the 
weight  of the pack  not  to exceed  50 kg for reasons 
of handling  convenience.  Furthermore  the  boxes 
used  for marketing  for certain  types  of yeast,  parti-
No C 139/14 Official  Journal  of the  European  Communities 12. 11.  74 
cularly  bread-making  yeasts,  generally  weigh  10 or 
15 kg. 
The committee  requests  that  account  be taken  of 
these  two  comments  in adapting  the provisions  of the 
paragraph  to trading  conditions. 
Finally,  the  committee  considers  that  the  last  two 
lines  of this  paragraph  should  read  : 
.. the  details  referred  to in paragraph  1 may  be 
given  merely'  etc.  (instead  of may  be given). 
Article  10 
For the sake  of accuracy,  the committee  considers  that 
this Article  should  be worded  as follows  : 'In the  labelling  ... suggesting  a characteristic  or 
effects  which  the  products  in question  definitely 
do not  have  ... whatsoever.' 
Done  at Brussels,  31 January  1974. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS 
/