Proposal for a European Parliament and Council Directive amending European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners (97/C 76/09) (Text with EEA relevance) COM(96) 303 final - 96/0166(COD)

(Submitted by the Commission on 4 September 1996)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

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 authorized for use in foodstuffs intended for human consumption (1), as last amended by Directive 94/34/EC (2), and in particular Article 3 (2) thereof,

Whereas since the adoption of European Parliament and Council Directive 95/2/EC (3) there have been technical developments in the field of food additives;

Whereas the Directive should be adapted to take account of these developments;

Whereas the Scientific Committee for Food was consulted before the adoption of provisions liable to have an effect on public health,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 95/2/EC is hereby amended as follows:

1. Article 2 (3) (a) third indent is replaced by:

'- non-emulsified oils and fats of animal or vegetable origin (except oils and fats for cooking and frying purposes),`;

2. Article 2 (3) (a) eleventh indent is replaced by:

'- dry pasta excluding gluten-free pasta,`;

3. Article 2 (3) (a) fifth indent is replaced by:

'- pasteurized and sterilized (including UHT) milk (including plain, skimmed and semi-skimmed) and plain pasteurized cream,`;

4. the tables of the Annexes are modified in accordance with the dispositions contained in the Annex to this Directive.

Article 2

Member States shall, where necessary, amend their laws, regulations and administrative provisions in order to:

- authorize trade in products conforming to this Directive, by 31 December 1997 at the latest,

- prohibit trade in products not conforming to this Directive from 30 June 1998. However, products placed on the market or labelled before that date which do not comply with the Directive may be marketed until stocks are exhausted.

They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Article 3

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

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 40, 11. 2. 1989, p. 27.

(2) OJ No L 237, 10. 9. 1994, p. 1.

(3) OJ No L 61, 20. 2. 1995, p. 1.

ANNEX

1. The following additives are added to Annex I:

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2. The list of additives and the maximum level permitted for 'jams, jellies and marmalades as defined in Directive 79/693/EEC and other similar fruit spreads including low-calorie products` mentioned in Annex II is completed as follows:

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3. The designation of 'sterilized pasteurized and UHT cream, low-calorie cream and pasteurized low-fat cream` mentioned in Annex II is modified as follows:

'Plain pasteurized cream`.

4. The designation of 'Frozen and deep-frozen unprocessed fruit and vegetables` mentioned in Annex II is modified as follows:

'Frozen and deep-frozen unprocessed fruit and vegetables; prepacked, refrigerated unprocessed fruit and vegetables ready for consumption`.

5. The designation of 'Non-emulsified oils and fats of animal or vegetable origin (except virgin oils and olive oils)` mentioned in Annex II is modified as follows:

'Non-emulsified oils and fats of animal or vegetable origin (except virgin oils, olive oils, oils and fats for cooking and frying purposes)`.

6. The following table is added to Annex II:

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7. The list of additives and the maximum level permitted for 'canned and bottled fruit and vegetables` mentioned in Annex II is completed as follows:

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8. The list of additives and the maximum level permitted for 'Mozzarella and whey cheese` mentioned in Annex II is completed as follows:

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9. The list of additives and the maximum level permitted for 'Gehakt` mentioned in Annex II is completed as follows:

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10. The following foodstuffs and the corresponding maximum levels mentioned in Annex III Part A are deleted:

'Emulsified sauces with a fat content of 60 % or more`

'Emulsified sauces with a fat content of less than 60 %`.

11. The following foodstuffs and maximum levels mentioned are added to Annex III Part A:

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12. The designation 'Non-heat-treated dairy-based desserts` in Annex III Part A, in the foodstuffs column, is replaced by 'Non-sterilized (including UHT) dairy-based desserts`.

13. The following foodstuffs and maximum levels are added to Annex III Part B:

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14. The following foodstuffs and maximum levels are added to the table concerning food additives E 251 and E 252 mentioned in Annex III Part C:

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15. The following foodstuffs and maximum levels are added to the table concerning food additives E 280, E 281, E 282 and E 283 mentioned in Annex III Part C:

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16. The designation concerning 'dehydrated granulated potatoes` mentioned in the table of Annex III Part D, in the foodstuffs column, is replaced by 'dehydrated potatoes`.

17. The designation 'instant tea powder` contained in the table of Annex IV concerning E 297 fumaric acid is replaced by 'flavoured tea and herbal infusions, and their instant products`.

18. The table concerning E 338 to E 452 mentioned in Annex IV is replaced by the following table:

'In the following applications the indicated maximum levels of phosphoric acid and the phosphates E 338, E 339, E 340, E 341, E 343, E 450, E 451 and E 452 may be added individually or in combination (expressed as P2O5)

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`.

19. The entry concerning 'Minarine` in the table concerning E 385 mentioned in Annex IV is modified as follows:

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20. The following foodstuffs and maximum levels are added to the table concerning E 473 and E 474 mentioned in Annex IV:

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21. The entry concerning 'Low and very low fat spreads and dressings` in the table concerning E 476 mentioned in Annex IV is modified as follows:

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22. The following foodstuffs and maximum levels mentioned in the table concerning E 551 to E 559 of Annex IV are added:

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23. The entry concerning 'sliced hard cheese and sliced processed cheese` mentioned in the table concerning E 551 to E 559 of Annex IV is modified as follows:

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24. The following foodstuff and maximum level are added to the table concerning E 405 mentioned in Annex IV:

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25. The following foodstuff and maximum level are added to the table concerning E 900 mentioned in Annex IV:

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26. The following foodstuff and maximum level are added to the table concerning E 912 and E 914 mentioned in Annex IV:

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27. The entries concerning 'Margarine, Minarine` mentioned in the table concerning E 959 of Annex IV are modified as follows:

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28. The following foodstuff and maximum level are added to the table concerning E 999 mentioned in Annex IV:

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29. The following table is added to Annex IV:

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30. The following entry is added to the table contained in Annex V:

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31. The following entry is added to the table contained in Annex VI Part 3:

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32. The following sentence is added to Annex VI, Part 4:

'E 1450 starch sodium octenyl succinate (E 1450) may be added up to 20 g/kg to infant formulae for infants for special medical purposes and for follow-on formulae for infants for special medical purposes.`