Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 95/2/EC on food additives other than colours and sweeteners

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

A. Principles

In July 1999, the Commission submitted the proposal for a Directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners (COM (1999) 329 final/2 - 1999/0158 (COD)) for adoption by the co-decision procedure laid down in Article 251 of the Treaty establishing the European Community.

On 11th April 2000, the European Parliament adopted a series of amendments at its first reading. On this occasion, the Commission gave its position on each amendment.

In the light of these developments, the Commission has drafted this amended proposal.

B. Explanation of the amendment

The European Parliament objected to the approval of a food additive E 467 Ethyl hydroxyethyl cellulose on the basis of the impurities it might contain. As a result of the concerns expressed by the European Parliament, the Commission decided to re-consult the Scientific Committee on Food, which had evaluated the substance in March 1999, on the questions raised by the European Parliament. The Commission considers it inappropriate to proceed with the approval before the re-consultation of the Scientific Committee on Food has finished. Therefore, the Commission proposes that the use of ethyl hydroxyethyl cellulose should not be approved for the time being.

1999/0158 (COD)

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 95/2/EC on food additives other than colours and sweeteners

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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 authorised for use in foodstuffs intended for human consumption [1], as amended by European Parliament and Council Directive 94/34/EC [2], and in particular Articles 3(2) and 5(3) thereof,

[1] OJ L 40, 11.2.1989, p.27.

[2] OJ L 237, 10.9.1994, p.1

Having regard to the proposal from the Commission [3],

[3] OJ ......

Having regard to the opinion of the Economic and Social Committee [4],

[4] OJ ......

Acting in accordance with the procedure referred to in Article 251 of the Treaty [5],

[5] OJ ......

Whereas:

(1) European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners [6], as last amended by Directive 98/72/EC [7], lays down a list of food additives that may be used in the European Community and their conditions of use.

[6] OJ L 61, 18.3.1995, p.1.

[7] OJ L 295, 4.11.1998, p.18

(2) There have been technical developments in the field of food additives since the adoption of Directive 95/2/EC.

(3) Directive 95/2/EC should be adapted to take account of these developments.

(4) According to Article 5(1) of Directive 89/107/EEC, a Member State may authorise a use of a new food additive for a two-year period in its territory;

(5) In accordance with the requests of Member States, the following nationally authorised additives should be approved at Community level: propane, butane and iso-butane.

(6) Pursuant to Article 6 of Directive 89/107/EEC the Scientific Committee on Food, established under Commission Decision 97/579/EC [8], has been consulted on the adoption of provisions liable to have an effect on public health;

[8] OJ L 237, 28.8.97, p. 18.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The Annexes of Directive 95/2/EC are amended as set out in the Annex to this Directive.

Article 2

1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 31 August 2000 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

1. In Annex I:

a) The following additive is inserted in the table:

E 949 Hydrogen*"

b) In point 3 of the note, the substance "E 949" is inserted in the text corresponding to the explanation of symbol *.

2. In Annex II:

The following row is added:

>TABLE POSITION>

3. In Annex IV:

a) The following is added to the row for E 445: Glycerol esters of wood rosin:

Spirit drinks in accordance with Council Regulation (EEC) No 1576/89 laying down general rules on the definition, description and presentation of spirit drinks**

Spirit drinks containing less than 15 % alcohol by volume // 100 mg/l

100 mg/l

** OJ L 160 , 12.6.1989 p.1."

b) The following rows are added:

>TABLE POSITION>

4. In Annex V, the first row is replaced by the following:

>TABLE POSITION>