8. 3. 78 Official  Journal  of the European  Communities No C 59/41 
Opinion  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 foodstuffs 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 235  of 1 October  1977,  page  4. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 18 July  1977  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  100  of the Treaty  establishing  the European 
Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and Social  Committee  prepared  its opinion  on the above  matter  at its 153rd 
plenary  session  held  in Brussels  on 23 and  24 November  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 18 July 
1977, 
Having  regard  to the decision  taken  by its Bureau  on 27 
September  1977  instructing  the Section  for Protection  of 
the Environment,  Public  Health  and  Consumer  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 15 November  1977, 
Having  regard  to the report  submitted  by the rappor-
teur,  Mr De Grave, 
Having  regard  to the discussions  at its 153rd  plenary 
session  held  on 23 and  24 November  1977  (meeting  of 
23 November), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Committee  approves  the proposal,  subject  to the 
comments  set out below. 1. General  comments 
1.1. From  a general  point  of view,  the  Committee 
would  draw  attention  to the fact  that  the process  of 
aligning  'horizontal'  laws  must  be continued.  The  free 
movement  of goods  will,  however,  only  become  a re-
ality if adequate  steps  are also  taken  to align  'vertical' 
laws.  The  Committee  regrets  that  the Commission  and 
the Council  have  both  dragged  their  heels  in this  re-
spect.  It hopes  that  the abovementioned  institutions  can 
make  up, either  partly  or in full,  the time  lost by draw-
ing upon  the views  expressed  by all the interested  par-
ties in the Advisory  Committee  on Foodstuffs  and the 
Economic  and Social  Committee  itself. 
1.2. The  Committee  has  on several  occasions  stressed 
that the free  movement  of goods  was  not,  and  could 
not, be, the scde  aim of the Directives  on foodstuffs. 
1.3. Disparities  in public  health  requirements  are  a 
further  reason  for  adopting  a combined  approach 
(based  on 'horizontal'  and  'vertical'  Directives).  Addi-
tives  are being  used  in an ever  increasing  number  of 
products.  Measures  should  be taken,  over  a period  of 
time,  to ensure  that  the intake  of additives  is not high 
enough  to present  a health  hazard,  particularly  to chil-
dren. 
1.4. The  Committee  urges  the Commission  to propose 
the measures  provided  for  in Article  4 of Directive 
No C 59/42 Official  Journal  of the European  Communities 8. 3. 78 
74/329/EEC.  This  Article  states  that  'the  Council,  in 
accordance  with  the procedure  laid  down  in Article  100 
of the Treaty,  shall  determine  as soon  as possible  the 
foodstuffs  to which  the substances  listed  in Annex  I may 
be added  and  the conditions  under  which  they  may  be 
added'. 
1.5. One  of the  fundamental  criteria  to be applied 
when  authorizing  additives  for use has to be their  harm-
lessness.  The  additives  so authorized  must,  however, 
also be necessary  and  useful  and  they  must  not  bring 
about  a reduction  in food  quality  by, for example,  re-
ducing  the  nutritional  value  or permitting  a higher 
water  content. 
1.6. Finally,  the Committee  would  draw  attention  to 
the fact  that  some  of the additives  which  are currently 
on the positive  lists  in the Directive  (Annexes  I and  II) 
have  not  been  subject  to thorough  toxicological  tests and they  may  present  certain  health  hazards  (see  the 
Section's  report). 
1.7. The  Committee  therefore  calls  upon  the Commis-
sion to look  into  these  matters  as soon  as possible  with 
a view  to protecting  consumers  against  harmful  addi-
tives  and  preventing  manufacturers  from  being  accused 
of using  substances  which  cannot  be fully  guaranteed  as 
harmless. 
2. Specific  comment 
2.1. Article  2 
2.1.1.  The  Committee  considers  that  Article  8 (2) of 
Directive  74/329/EEC  should  include  a stipulation  that 
the labels  attached  to additives  sold  to the food  industry 
should  indicate  the amount  of active  substances  con-
tained  in the additives. 
Done  at Brussels,  23 November  1977. 
The Chairman' 
of the Economic  and  Social  Committee 
Basil  de FERRANTI