Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 95/2/EC of the European Parliament and the Council on food additives other than colours and sweeteners
Date: 1995-05-16
Institutions: European Commission
Subjects: algae, approximation of laws, consumer protection, food additive, foodstuffs legislation, human nutrition

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  16.05.1995 
COM(95)  177  final 

95/0114 (COD) 

Proposal  for  a 

EUROPEAN  PARLIAMENT  AND COUNCIL  DIRECTIVE 

amending Directive 95/2/EC of the European Parliament and the Council on 
food additives other than colours and sweeteners 

(presented  by the  Commission) 

Explanatory Memorandum 

1.  Evaluation of the proposal in the light of the principle of subsidiairity 

1.  What are the objectives of the proposed action in relation to the obligation of the 

Community? 

The framework directive 89/107/EEC establishes the general criteria for approval of 
food  additives.  The  specific  directives  94/35/EC,  94/36/EC  and  95/2/EC fixes the 
positive  list  of  permitted  food  additives.  Community  legislation  based  on  Article 
100A shall be  developed  in order  to  permit  the  use  of  new food  additives  issuing 
from new industrial developments and which satisfy the criteria for approval. 

2.  Belongs the envisaged action  to  an  exclusive Community  competence or  is the 

competence shared between Member States and the Community? 

The envisaged action belongs to an exclusive Community competence. 

3  What is the community dimension of the problem  ? 

Alternatively  refined  carrageenan  is  a  food  additive  which  is  not  included  in  the 
positive  list  of  food  additives  directives  developed  under  the  framework  directive 
89/107/EEC.  This  food  additive  is  therefore  not  permitted  for  food  use  in  the 
European  Union  This  food  additive  has  an  commercial  importance  for  the 
Philippines.  Therefore  it is necessary that the Community introduces a proposal  for 
a European Parliament and Council directive envisaging the inclusion of the additive 
in the positive list of food additives. 

4.  What  is  the  most  efficient  solution  in  the  light  of  the  possibilities  of  the 

Communities and the Member States ? 

Member  States may only permit  new food  additives for  a limited  period  of 2 years. 
In order to permit the new food  additive beyond that  period  obligatory  Community 
legislation shall be developed. 

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5.  What is the added value of the envisaged action,  and what are the consequences of 

the non-action? 

The proposal would permit the use of a food additive in the European Union, as it is 
already  permitted  in  third  countries,  and  will  follow  the  recommendations  of  the 
Codex Alimentarius  The non action would end in a discussion in the OMC. 

6.  What are the means of  ( immunity action. 

A directive foreseeing  a short transposition period adopted by European  Parliament 
and Council following Article 100A is the only solution. 

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Is  harmonisation necessary  or  is  it  possible  to  adopt  a  framework  directive 
containing general principles leaving the application to the Member States? 

Additives are subject to a total harmonisation prescribed by the framework  directive 
89/107/EEC. This action follows the obligations fixed by that directive. 

2. 

Specific comments. 

During the adoption  of directive  95/2/EC  in European Parliament  and  Council, the 
food  additive  'Alternatively  Refined  Carrageenan'  was  under  evaluation  by  the 
Scientific  Committee for  Food.  The Common  position  was adopted  by the Council 
before  this  evaluation  was  terminated  and  therefore  the  European  Parliament, 
Council and Commission could not envisage to include this substance in the positive 
list  of food  additives.  Since this substance  seems to  have  an  important  role  in the 
economy of the Philippines, it is necessary for the Community to take the necessary 
legal steps in order to permit this substance for food use, since the evaluation of the 
Scientific  Committee for  Food  has shown that  there  is no  concern  for  the  public 
health and that there is a demonstrated technological need. 

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European Parliament and Council Directive 
amending Directive 95/2/EC of the European Parliament and the Council on food 
additives other than colours and sweeteners 

proposal for a 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN 
UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 100a thereof, 

Having regard to the proposal from the Commission  l, 

Having regard to the Opinion of the Economic and Social Committee2, 

Acting in accordance with the procedure laid down in Article  189b of the Treaty, 

to  Council  Directive  89/107/EEC  of  21 December  1988  on  the 
Having  regard 
approximation  of the laws of the Member  States concerning food  additives authorised  for 
use in foodstuffs  intended  for  human consumption3,  as amended  by directive  94/34/CE4 
and in particular Article 3(2) thereof, 

Whereas  alternatively  refined  carrageenan  is  a  new  food  additive  for  which  the 
technological need for use in foodstuffs  is demonstrated; 

Whereas it is necessary to adapt the list of permitted food  additives contained  in Directive 
95/2/EC of the European Parliament and the Council on food  additives other than colours 
and sweeteners5 in order to permit the use of this additive, 

1 OJ. 
2 OJ 
3  OJNo. L40 of 11.2.89, p.27 
4  OJ. No L237 of 10.9.1994, p. 1 
5  OJNoL61of 18.3.1995, p. I 

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Whereas the Scientific Committee for Food has been consulted; 

Whereas  purity  criteria  will  be adopted  in accordance  with  the procedure  laid  down  in 
Article  11 of Directive 89/107/EEC; 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

The following food additive is added to Annex I of Directive 95/2/EC 

E-N° 

Name 

E 407a 

Alternatively Refined  Carrageenan 

Article 2 

Member  States shall bring into force  the  laws, regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  not  later  than  25  September  1996  in  order  to 
allow, trade in and use of products conforming to this Directive; 

They shall forthwith  inform the Commission thereof. 

When  Member States  adopt  these  measures,  they  shall  contain  a  reference  to  this 
Directive  or  shall  be  accompanied  by  such  reference  on  the  occasion  of  their  official 
publication.  The  methods  of  making  such  reference  shall  be  laid  down  by  the 
Member States. 

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Article 3 

This Directive  shall enter into force  on the seventh day following  that of its publication in 
the Official  Journal of the European Communities. 

Article 4 

This Directive is addressed to the Member States. 

Done at 

For the European Parliament 

The President 

For the Council 
The President 

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BSN  0254-1475 

COM(95) 177  final 

DOCUMENTS 

EN 

05  10 

Catalogue number  : CB-CO-95-198-EN-C 

ISBN 92-77-88686-2 

Office for Officiai Publications of the European Communities 

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