8. 8. 88 Official Journal of the European Communities No C 208/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the amended proposal for a Council Directive amending for the eighth time the 
Directive of 23 October 1962 on the approximation of the rules of the Member States 
concerning the colouring matters that are authorized for use in foodstuffs intended for human 
consumption (!) 
(88/C 208/01) 
On 26 April 1988 the Council decided to consult the Economic and Social Committee (ESC), 
under Article 100A of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Committee instructed its Section for Protection of the Environment, Public Health and 
Consumer Affairs to prepare its work on the matter. The Section adopted its Opinion on 
3 May 1988 (rapporteur: Mr Gardner, co-rapporteurs: Mr Saiu and Mrs Williams). 
At its 256th plenary session (meeting of 2 June 1988) the Economic and Social Committee 
adopted unanimously the following Opinion. 
1. The present proposal should be called an amend­
ment to the existing eighth amendment. 
As the Commission points out, the eighth amendment 
is still in the process of passing through the Community 
procedure. That proposed amendment was approved 
by the ESQ2) apart from some suggested changes, 
which do not affect this proposal. 
2. The Committee would, however, like to recall 
some relevant points from that Opinion, namely: 
'The Committee recognizes that the colouring of food­
stuffs is widely accepted but is nevertheless aware that 
the who[e subject of food additives, including colorants, 
and their possible adverse effects on human health, has 
become a matter of increasing public concern. 
Accordingly, the present proposal, which the Commit­
tee accepts and considers very timely, should be seen 
not only in the present context of the harmonization of 
foodstuffs legislation but also in the context of possible 
Community action in the fields of public safety, health 
(') OJ No Clll, 28. 4. 1988, p. 8. 
(2) OJNoC345, 31. 12. 1985. and diet, as well as in the need to avoid misleading the 
consumer. 
The Committee draws attention to the continuing 
necessity to inform the public by all appropriate means 
on the interpretation of the EEC numbers and common 
names of the substances used as food colorants.' 
3. The Committee approves the limitations now pro­
posed for E150b (caustic sulphite caramel) but recalls 
the point made in its previous Opinion that this name 
has pejorative connotations and should be changed. 
4. The Committee approves the proposed limitations 
for canthaxanthin E161g. 
5. The Committee wants certain changes made for 
erythrosine E127. 
6. At the time of the last amendment, erythrosine 
had a temporary acceptable daily intake (AD1). The 
ADI measures the safety of an additive and is the 
average amount of a food additive which can be con­
sumed with complete safety over a lifetime. It is ex­
pressed in terms of mg additive/kg body weight/day. 
No C 208/2 Official Journal of the European Communities 8. 8. 88 
The scientific work required at the time has now been 
completed, resulting in a permanent ADI of 0 to 0,1 
mg/kg body weight. 
7. Nevertheless, the Committee has reservations 
about the use of erythrosine and recommends that it 
should be confined to uses in minimal quantities where 
its unique properties make it at present the only suitable 
colour. Among these unique properties are: 
a) it is stable to heat and preservatives (particularly 
sulphite), and can therefore be used in processes 
such as canning; 
b) the colour is fixed by acid to cherries and other 
fruits and therefore does not transfer to the syrup, 
cake, etc. surrouding the fruit. 
8. The Commission's proposal only refers to cherries 
but the same technical considerations of course apply 
to all red canned fruit. The possibility of an extension 
to cover the products underlined below should be exam­
ined: 
8.1. E127 erythrosine 45430 (Food Red 14) 
cocktail cherries 350 mg/kg 
glace cherries 150 mg/kg 
canned mixed fruit - cherries 150 mg/kg 
canned cherries and other red fruit (strawberries, 
rhubarb etc.) 150 mg/kg 
pie fillings with red fruit 35 mg/kg. 
9. Another unique property of erythrosine is that it 
fixes on any protein being coloured while being stable 
to both heat and preservatives (particularly sulphite). 
That makes it the only colorant at present acceptable 
for certain speciality meat products at the current stage 
of technology. In particular it is needed for: 
Cold cutting sausages such as the Spanish chorizo 4 mg/ 
kg-
This use should only take up a very small fraction of 
the ADI. At least temporary permission should be given 
until alternatives are developed. 
Done at Brussels, 2 June 1988. 10. As the explanatory note points out, allura red 
(E129) is a possible alternative for products where the 
special properties of erythrosine are not required, as 
given under point 6 above. This is one of the safest 
colours available with an ADI of 0 to 7 mg/kg body 
weight. The previous eighth amendment (noted above) 
proposed to introduce this. However as that amend­
ment is still stuck in the Community machinery, that 
alternative will not be available if this amendment, 
as is likely, is approved before the previous eighth 
amendment. 
10.1. It is therefore an essential part of this proposal 
that allura red AC be accepted at the same time as the 
limitations on erythrosine. 
10.2. Furthermore, erythrosine and allura red AC 
are the only permitted red colours in the United States. 
The present proposal, in the absence of permission for 
allura red AC, would mean that EEC foods containing 
red colour could no longer be exported to the United 
States. 
11. According to Article 5 of the base Directive on 
food colours^) countries need not apply as a whole the 
above list of permitted uses, but could restrict, say 
erythrosine, to one application such as glace cherries 
only. 
The Committee reminds the Commission of its previous 
comments(2) and the need to do something about the 
resulting distortion of inter-Community trade. 
12. During the Commission's presentation on this 
subjet, it became clear that the multiplicity of amend­
ments and proposals for amendments (eight plus an 
amendment to the eighth) to the basic Directive on 
colorants is causing confusion. 
The Committee therefore strongly suggests that an 
updated version of the basic Directive be issued, incor­
porating all the amendments in one document. 
(') OJ No 115, 11. 11. 1962, p. 2645 seq. 
(2) OJNoC345, 31. 12. 1985. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT