WRITTEN QUESTION E-1465/99

by Heidi Hautala (Verts/ALE) to the Commission

(1 September 1999)

Subject: Banning of azo dyes in the EU

Azo dyes are permitted in the EU, although they have been shown to cause rashes, nasal catarrh and other allergic reactions. Traditionally, the food industry in Finland and Sweden has refrained from using azo dyes.

The Commission has rejected the decision by the Swedish Government to derogate from the 1994 directive on colours and ban the sale in Swedish shops of sweets and drinks containing azo dyes.

Why will the Commission not accept Sweden's ban on azo dyes, given that the aim is not to distort competition but to protect the health of consumers, particularly children and young people? How will the Commission ensure that the food industry ceases to use azo dyes, whose sole function is to make foods look more tempting? Will the Commission seek a ban on azo dyes throughout the EU?

Answer given by Mr Liikanen on behalf of the Commission

(15 October 1999)

The reasons for the Commission decision on the Swedish request for the derogation from Council Directive 94/0036/EC of 30 June 1994 on colours for use in foodstuffs(1) concerning the use of azo dyes are spelled out in the Commission Decision 1999/0005/EC of 21 December 1998 on the national provisions notified by Sweden concerning the use of certain colours and sweeteners in foodstuffs(2).

Directive 94/0036/EC on colours for use in foodstuffs was adopted on the basis of the opinions on colours delivered by the scientific committee on food (SCF). The Council and the Parliament were aware of the opinions of the SCF stating that azo dyes cause allergies in certain individuals, at the time when the Directive was adopted. Therefore, the Directive defines the conditions for use of azo dyes in a restrictive way by setting limits as to the foodstuffs in which these additives can be used and by specifying maximum quantities for their use. The solution adopted by the Community is based on informing the consumer. Individuals who are allergic to certain ingredients should be able to choose foodstuffs that do not contain them. Council Directive 79/0112/EEC of 18 December 1978 on the approximation of the laws of the member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer(3) gives them this possibility, by making it compulsory to indicate the food additives on the label.

The Commission recognises that the measures applied in Sweden with regard to azo colours are based on public health concern. Nevertheless, the Commission did not find the Swedish request justified, finding the Swedish measures excessive in relation to this aim, for example a less restrictive means could be used to achieve the same objective, such as labelling of products.

The Commission is currently in the process of gathering information on intake of food additives in the Community and will report to the Parliament and Council on the outcome of this survey next year. Should the report indicate that there is a need to revise the existing legislation, the Commission will take the necessary action.

(1) OJ L 237, 10.9.1994.

(2) OJ L 3, 7.1.1999.

(3) OJ L 33, 8.2.1979.