COMMISSION OF THE EUROPEAN COMMUNITIES 
=^li *>'«& 
T& C0M(94) 563 final - COD 424 
Brussels, 01.12.1994 
OPINION OF THE COMMISS[ON 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on food additives other than colours and sweeteners 
•,** $ AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 
i:iim 
On 16 November the European Parliament adopted 17 amendments to the common 
position adopted by the Council on 10 March 1993 in respect of the Commission proposal 
for a Directive of the European Parliament and the Council on food additives other than 
colours and sweeteners1. 
In accordance with paragraph 2 (d) of Article 189b of the EC Treaty, the Commission is 
able to give a favourable opinion on the 17 amendments adopted by Parliament for the 
following reasons: 
thé Commission can accept that additives should satisfy the purity criteria to be 
adopted by the Commission in accordance to Article 3(3) of Directive 89/107/EEC2 
after consultation of the Scientific Committee for Food. 
the Commission can accept that the Standing Committee for Food has to be 
consulted on foodstuffs not categorised in the directive in order to decide whether 
they belong to a category of foodstuffs mentioned in the directive. 
the Commission can accept the use of certain additives of annex I in foodstuffs such 
as extra jams, jellies and non-emulsified oils and fats. 
the Commission accepts not to permit the use of acetic acid, tartaric acid and sodium 
alginates in beer brewing and to permit to use and a higher dose of sorbic acid in 
alcohol free keg beer. 
the Commission accepts amendments correcting mistakes and omissions concerning 
phosphates and on carrier solvents in the text of the Common Position as published in 
* COM (92) 255 final; COD 424; OJ. N° C 206, 13.8.1992. COM (93) 290 final; O.J. N° C 189, 
13.7.1993, p. 11 
2 OJ.L40, 11.2.1989, p.27 
- 2 -
the Official Journal. The Commission agrees also with the permission for use of 
phospates in potato products and with the increased dose of E475 in fine bakery 
wares. 
The Commission agrees also to permit the use of certain preservatives in low sugar or 
sugar free jams, jellies, marmalades and also in CIDRE BOUCHÉ. The Commission 
also agrees with the increased dose of certain preservatives in small size shrimps. 
For these reasons and in accordance with Article 189a of the EC Treaty, the Commission 
has decided to amend its proposal in order to incorporate the amendments adopted by the 
Parliament. 
-3-
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on food additives other than colours and sweeteners 
(presented by the Commission pursuant to Article 189 A (2) of the EC Treaty) 
Current Proposal Amended Proposal 
Article 1 (la) (new) 
la. Only additives which satisfy the 
specifications laid down by the 
Scientific Committee for Foodstuffs 
may be used in foodstuffs 
Article 5, first indent) 
whether a particular foodstuff belongs - whether a particular foodstuff not 
to a category of foodstuffs referred to categorised at the moment this 
in Article 2 or in one of the Annexes Directive was adopted belongs to a 
category of foodstuffs referred to in 
Article 2 or in one of the Annexes 
Annex II, 7th section, 2nd column (additive) 
and 3rd column (maximum level), 11th item a (new) 
Extra jam and extra jelly, as defined in Extra jam and extra jelly, as defined in 
Directive 79/693/EEC Directive 79/693/EEC 
E 471 Mono- and di- quantum 
givceridesand satis 
fatty acids 
•-5-
Annex II, 13th section 
Non emulsified oils and fats of animal or 
vegetable origin (except virgin oils and 
olive oils) Non emulsified oils and fats of animal or 
vegetable origin (except virgin oils and 
olive oils) 
E3Ô4 Fatty acid esters of quantum E304 Fatty acid esters of quantum 
ascorbic acid 
E306 Tocopherol-rich 
extract 
E307 Alpha-tocopherol satis 
quantum 
satis 
quantum 
satis 
E 308 Gamma-tocopherol quantum 
satis 
E309 Delta-tocopherol quantum 
satis 
E330 Citric acid 
E331 Sodium citrates 
E 332 Potassium citrates 
E333 Calcium citrates quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis ascorbic acid 
E306 Tocopherol-rich 
extract 
E307 Alpha-tocopherol 
E 308 Gamma-tocopherol 
E 309 Delta-tocopherol 
E 322, Lecithins 
E471 Mono- and di-
glycerides of fatty 
acids 
E 330 Citric acid 
E331 Sodium citrates 
E 332 Potassium citrates 
E333 Calcium citrates satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
3QLgà 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
Beer 
E260 Acetic acid 
E270 Lactic acid 
E 300 Ascorbic acid 
E 3 01 Sodium ascorbate 
E330 Citric acid 
E334 Tartaric acid 
E400 Alginic acid 
E401 Sodium alginate 
E402 Potassium alginate 
E403 Ammonium alginate 
E404 Calcium alginate 
E414 Acacia gum Annex II, 24th section 
Beer 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis E270 Lactic acid 
E 300 Ascorbic acid 
E 301 Sodium ascorbate 
E330 Citric acid quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
E414 Acacia gum quantum 
satis 
-7-
Annex III, Part A, Foodstuffs, 7th section, 'Ba' column 
Alcohol-free beer in keg 70mg/l Alcohol-free beer in keg 200mg/l 
Annex III, Part A, Foodstuffs, 1 lth section, title 
Low-calorie fruit spreads Low-sugar jams, jellies, marmalades and 
MERMELADAS similar low-calorie or sugar-free products 
and other fruit -based spreads 
MERMELADAS 
Annex IV, 2nd section, introductory sentence 
In the following applications, phosphoric In the following applications, the indicated 
acid and the phosphates E 338, E 339, E maximum quantities of phosphoric acid 
340, E 341, E 450, E 451 and E 452 may and the phosphates E 338, E 339, E 340, 
be used individually or in combination up. E 341, E 450, E 451 and E 452 may be 
to the maximum level, which is expressed added individually or in combination 
as P2O5 (*) (expressed as P2O5) 
Annex IV, 2nd section, 1st footnote 
W Phosphates can occur naturally in Deleted 
foodstuffs 
Annex IV, 2nd section, 3rd footnote 
<3) Maximum added quantity Deleted 
Annex IV, 4th section (E 452), 3rd footnote 
@) Maximum added quantity Deleted 
Annex IV, 2nd, 3rd and 4th sections (E 338 to E 452) 
The lines separating E 340 from E 341 
and E 451 from E 452 must be removed 
because the introductory sentence before 
E 338 applies to items E 338 to E 452 
inclusive (i.e. to all phosphates) 
Annex IV, 18th section (E 475), 3rd column "Foodstuff', 1st item 
Fine bakery wares 5g/kg Fine bakery wares lOg/kg 
Annex V, 14th section 
E901 
E1200 Beeswax 
Polydextrose Colours E901 Beeswax Colours 
E 1200 Polydextrose | 
Annex III, Part B, 55th section 
Cidre, excluding CIDRE BOUCHE, perry. Cidre, perry, fruit wine, sparkling fruit 
fruit wine, sparkling fruit wine (including wine (including alcohol-free products) 
alcohol-free products) 
Annex III, Part B, foodstuffs 
Crustaceans and cephalopods 
fresh, frozen and deep-frozen 
cooked 
1 In edible parts Crustaceans and cephalopods 
1501 - fresh, frozen and deep-frozen 1501 
Crustaceans, penaeidae. solenceridae. 
aristeidae family 
- up to 80 units 1501 
- between 80 and 120 units 2001 
- over 120 units 3001 
501 - cooked 501 
1 In edible parts 
Annex IV, 4th section 'E 452', 3rd column, 'Foodstuffs', last item 
Pre-fried frozen and deep- Processed potato products 
frozen potatoes 100 mg/kg (including frozen, deep-
frozen, chilled and dried 
processed products) 5 g/kg 
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ISSN 0254-1475 
COM(94) 563 final 
DOCUMENTS 
EN to 
Catalogue number : CB-CO-94-586-EN-C 
ISBN 92-77-83142-1 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg 
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