Opinion of the Commission pursuant to Article 189B(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 189A(2) of the EC Treaty)
Date: 1994-12-01
Institutions: European Commission
Subjects: food additive, foodstuff, foodstuffs legislation, product quality

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

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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 
laid  down  by 

the 
specifications 
the 
Scientific  Committee  for  Foodstuffs 
may be used in  foodstuffs 

Article 5, first indent) 

whether a particular foodstuff  belongs  -  whether  a  particular  foodstuff  not 
this 
categorised  at 
to a category of foodstuffs  referred  to 
Directive  was  adopted  belongs  to  a 
in Article 2 or in one of the Annexes 
category  of  foodstuffs  referred  to  in 
Article 2 or in one of the Annexes 

the  moment 

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- 
givceridesand 
fatty acids 

quantum 
satis 

• - 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 

E 308  Gamma-tocopherol 

E309  Delta-tocopherol 

E330  Citric acid 

E331  Sodium citrates 

E 332  Potassium citrates 

E333  Calcium citrates 

satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 
quantum 
satis 

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 
glycerides  of 
acids 
E 330  Citric acid 

di-
fatty 

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 

Annex II, 24th section 

Beer 

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 

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 
MERMELADAS 

Low-sugar  jams,  jellies,  marmalades  and 
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 
in  combination 
to the maximum level,  which is expressed  added 
as P2O5 (*) 

(expressed as P2O5) 

individually  or 

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 
E  1200 

Beeswax 
Polydextrose 

Colours 
| 

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 

1501 

Crustaceans and cephalopods 
-  fresh,  frozen  and deep-frozen 
Crustaceans,  penaeidae. 
aristeidae family 

1501 
solenceridae. 

cooked 

1  In edible parts 

-  up to 80 units 
-  between 80 and 120 units 
-  over 120 units 
cooked 

1501 
2001 
3001 
501 

501 

- 

1  In edible parts 

Annex IV, 4th section 'E 452', 3rd column, 'Foodstuffs', last item 

Pre-fried frozen and deep- 
frozen  potatoes 

100 mg/kg 

Processed potato products 
(including frozen, deep-
frozen,  chilled and dried 
processed products) 

5 g/kg 

-9 

ISSN 0254-1475 

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