COMMON POSITION (EC) No 26/98 adopted by the Council on 23 March 1998 with a view to adopting Directive 98/.../EC of the European Parliament and of the Council of ... amending Directive 95/2/EC on food additives other than colours and sweeteners
Date: 1998-03-23
Institutions: Council of the European Union
Subjects: approximation of laws, food additive, foodstuffs legislation, human nutrition

27.5.98

EN

Official  Journal  of  the  European  Communities

C 161/29

COMMON  POSITION  (EC)  No  26/98

adopted  by  the  Council  on  23  March  1998

with a view to adopting Directive 98/. . ./EC of the European Parliament and of the Council of
. . .  amending  Directive  95/2/EC  on  food  additives  other  than  colours  and  sweeteners

(98/C161 /03)

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 (1),

Whereas  specific  provisions  on  thiabendazole  have  been
laid down in Council Directive 95/38/EC of 17 July 1995
amending  Annexes  I  and  II  to  Directive  90/642/EEC  on
the  fixing  of  maximum  levels  for  pesticide  residues  in
and  on  certain  products  of  plant  origin,  including  fruit
and  vegetables,  and  providing  for  the  establishment  of
a  list  of  maximum  levels (7);  whereas  the  entry  on
thiabendazole  should  now  be  repealed,

Having regard to the opinion of the Economic and Social
Committee (2),

HAVE  ADOPTED  THIS  DIRECTIVE:

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189b  of  the  Treaty (3),

Article  1

Having  regard  to  Council  Directive  89/107/EEC  of
21  December  1988  on  the  approximation  of  the  laws  of
the  Member  States  concerning  food  additives  authorised
for use in foodstuffs intended for human consumption (4),
and  in  particular  Article  3(2)  thereof,

Directive  95/2/EC  is  hereby  amended  as  follows:

1. Article  1(1)  shall  be  replaced  by  the  following:

Whereas  there  have  been  technical  developments  in  the
field  of  food  additives  since  the  adoption  of  Directive
95/2/EC (5);

‘1.
This  Directive  is  a  specific  Directive  forming  a
part  of  the  comprehensive  Directive,  within  the
meaning  of  Article  3  of  Directive  89/107/EEC,  and
applies 
than  colours  and
sweeteners.  It  does  not  apply  to  enzymes  other  than
those  mentioned  in  the  Annexes,’;

to  additives  other 

Whereas  Directive  95/2/EC  should  be  adapted  to  take
account  of  these  developments;

2. Article  2(1)  shall  be  replaced  by  the  following:

Whereas  the  Scientific  Committee  for  Food,  set  up  by
Decision  74/234/EEC (6),  was  consulted  before 
the
adoption  of  provisions  liable  to  have  an  effect  on  public
health;

(1) OJ  C  76,  11.3.1997,  p.  34,  and  OJ  C  77,  12.3.1998,  p.  7.
(2) OJ  C  75,  10.3.1997,  p.  1.
(3) Opinion of the European Parliament of 23 October 1997 (OJ
C  339,  10.11.1997,  p.  1),  Council  common  position  of
23 March 1998 and Decision of the European Parliament of
. . .  (not  yet  published  in  the  Official  Journal).

(4) OJ  L  40,  11.2.1989,  p.  27.  Directive  as  last  amended  by
Directive  94/34/EC  of  the  European  Parliament  and  of  the
Council  (OJ  L  237,  10.9.1994,  p.  1).

(5) OJ L 61, 18.3.1995, p. 1. Directive as amended by Directive

96/85/EC  (OJ  L  86,  28.3.1997,  p.  4).

(6) OJ  L  136,  20.5.1974,  p.  1.

‘1. Only substances listed in Annexes I, III, IV and
V  may  be  used  in  foodstuffs  for  the  purposes
mentioned  in  Article  1(3)  and  Article  1(4),’;

3. Article  2(2)  shall  be  replaced  by  the  following:

foodstuffs, 

Food  additives  listed  in  Annex  I  are  permitted
‘2.
in 
in
Article  1(3)  and  Article  1(4),  with  the  exception  of
those  foodstuffs  listed  in  Annex  II,  following  the
“quantum  satis” principle,’;

the  purposes  mentioned 

for 

4. The  fifth  indent  of  Article  2(3)(a)  shall  be  replaced

by:

(7) OJ  L  197,  22.8.1995,  p.  14.

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Official  Journal  of  the  European  Communities

27.5.98

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  Member  States.

States 

2. Member 
the
shall 
Commission  the  text  of  the  main  provisions  of  domestic
law  which  they  adopt  in  the  field  covered  by  this
Directive.

communicate 

to 

Article  3

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

Article  4

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  . . .

For  the  European  Parliament

For  the  Council

The  President

The  President

‘— pasteurised  and  sterilised  (including  UHT)  milk
(including  plain,  skimmed  and  semi-skimmed)
and  plain  pasteurised  cream,’;

5. The  eleventh 
replaced by:

indent  of  Article  2(3)(a)  shall  be

‘— dry  pasta,  excluding  gluten-free  and/or  pasta
intended  for  hypoproteic  diets,  in  accordance
with  Directive  89/398/EEC,’;

6. The  tables  of  the  Annexes  shall  be  amended  in
accordance  with  the  provisions  contained  in  the
Annex  to  this  Directive.

Article  2

1. Member  States  shall,  where  necessary,  amend  their
laws,  regulations  and  administrative  provisions  in  order
to:

— authorise  trade  in  products  conforming  with  this

Directive,  by  . . . (1)  at  the  latest,

— prohibit  trade  in  products  not  conforming  with  this
Directive  from  . . . (2).  However,  products  placed  on
the  market  or  labelled  before  that  date  which  do  not
comply  with  the  Directive  may  be  marketed  until
stocks  are  exhausted.

(1) 18  months  after  the  entry  into  force  of  this  Directive.
(2) 24  months  after  the  entry  into  force  of  this  Directive.

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ANNEX

1.

In  Annex  I,  the  following  additives  shall  be  added:

‘E 469

Enzymatically  hydrolysed  carboxy  methyl  cellulose

E 920

L-Cysteine (*)

E 1103 Invertase

E 1451 Acetylated  oxidised  starch

(*) May  be  used  only  as  a  flour  treatment  agent.’

2.

In  Annex  II:

(a)

the list of additives and the maximum level for ‘Jam, jellies and marmalades as defined in Directive
79/693/EEC and other similar fruit spreads including low-calorie products’ shall be supplemented as
follows:

‘E 471 Mono  and  diglycerides  of  fatty  acids

quantum  satis’

(b)

the  table  concerning  ‘Sterilised,  pasteurised  and  UHT  cream,  low-calorie  cream  and  pasteurised
low-fat  cream’  shall  be  replaced  by  the  following:

‘Plain pasteurised
cream

E 401 Sodium alginate
E 402 Potassium  alginate
E 407 Carrageenan
E 466 Sodium  carboxy  methyl  cellulose
E 471 Mono-  and  diglycerides  of  fatty  acids

quantum  satis’

(c)

the  designation  ‘Frozen  and  deep-frozen  unprocessed  fruit  and  vegetables’  shall  be  amended  as
follows:

‘Frozen and deep-frozen unprocessed fruit and vegetables; prepacked, refrigerated unprocessed fruit
and  vegetables  ready  for  consumption  and  prepacked  unprocessed  and  peeled  potatoes.’;

(d)

the  following  table  shall  be  inserted  after  the  table  concerning  ‘Non-emulsified  oils  and  fats  of
animal  or  vegetable  origin’:

‘Non-emulsified
oils  and  fats  of
animal  or  vegetable
origin  (except  virgin
oils  and  olive  oils)
specifically intended
for  cooking  and/or
frying  purposes  or
for  the  preparation
of  gravy

Fatty  acid  esters  of  ascorbic  acid

Lactic acid

E 270
E 300 Ascorbic  acid
E 304
E 306 Tocopherol-rich  extract
E 307 Alpha-tocopherol
E 308 Gamma-tocopherol
E 309 Delta-tocopherol

quantum  satis

E 322

Lecithins

E 471 Mono-  and  diglycerides  of  fatty  acids

30  g/l

10  g/l

E 472c Citric  acid  esters  of  mono-  and

quantum  satis’

diglycerides  of  fatty  acids

E 330 Citric  acid
E 331
E 332
E 333 Calcium  citrates

Sodium  citrates
Potassium  citrates

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27.5.98

(e)

the list of additives and the maximum level for ‘Mozzarella and whey cheese’ shall be supplemented
as  follows.

‘E 260 Acetic acid

quantum  satis’

(f)

the  list  of  additives  and  the  maximum  level  for  ‘Canned  and  bottled  fruit  and  vegetables’  shall  be
supplemented  as  follows:

‘E 296 Malic  acid

quantum  satis’

(g)

the  list  of  additives  and  the  maximum  level  for  ‘Gehakt’  shall  be  supplemented  as  follows:

‘E 300 Ascorbic  Acid
E 301 Sodium  ascorbate
E 302 Calcium  ascorbate

quantum  satis’

(h)

the  following  table  shall  be  added  at  the  end  of  the  Annex:

‘Pineapple and
passion  fruit  juices
and  nectars

Sliced  and  grated
ripened  cheese

E 440 Pectins

3  g/l

E 170 Calcium  carbonates
E 504 Magnesium  carbonates
E 509 Calcium chloride
E 575 Glucono-delta-lactone
E 460 Celluloses

quantum  satis

Soured-cream  butter

E 500 Sodium  carbonates

quantum  satis’

3.

In  Annex  III,  Part  A:

(a)

the maximum levels for ‘Olives and olive-based preparations’, ‘Emulsified sauces with a fat content
of 60 % or more’ and ‘Emulsified sauces with a fat content less than 60 %’ shall be replaced by the
following:

‘Olives  and  olive-based
preparations

1 000

500

1 000

Emulsified sauces with a fat content
of  60 %  or  more

1 000

500

1 000

Emulsified sauces with a fat content
less  than  60 %

2 000

1 000

2 000’

(b) at  the  end  of  this  part,  the  following  table  shall  be  added:

‘Foodstuff

Maximum  level  (mg/kg  or  mg/l  as  appropriate)

Sa

Ba

PHB

Sa  +  Ba

Sa  +  PHB

Sa  +  Ba
+  PHB

. . .  Mehu  and  Makeutettu
. . .  Mehu

500

200

Analogues of meat, fish, crustaceans
and  cephalopods  and  cheese  based
on  protein

2 000

Dulce  de  membrillo

1 000

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Foodstuff

Marmelada

Ostkaka

Pasha

Semmelknödelteig

Maximum  level  (mg/kg  or  mg/l  as  appropriate)

Sa

Ba

PHB

Sa  +  Ba

Sa  +  PHB

Sa  +  Ba
+  PHB

1 500

2 000

1 000

2 000

Cheese  and  cheese  analogues
(surface  treatment  only)

quantum
satis

Cooked  red  beet

2 000

Collagen-based  casings  with  a
water  activity  greater  than  0,6

quantum
satis’

4.

In  Annex  III,  Part  B:

(a)

the  presentation  of  the  following  foodstuffs  and  maximum  levels:

‘Crustaceans  and  cephalopods

— fresh,  frozen  and  deep-frozen

crustaceans,  panaeidae solenceridae,  aristeidae family:

— up  to  80  units

— between  80  and  120  units

— over  120  units

— cooked

(1)

In  edible  parts.’

shall  be  as  follows:

‘Crustaceans  and  cephalopods:

— fresh,  frozen  and  deep-frozen

— crustaceans,  panaeidae solenceridae,  aristeidae family:

— up  to  80  units

— between  80  and  120  units

— over  120  units

— cooked

(*) In  edible  parts.’.

150 (1)

150 (1)

200 (1)

300 (1)

50 (1)

150 (*)

150 (*)

200 (*)

300 (*)

50 (*)

(b)

the  maximum  level  for  the  entry  ‘Sugars  as  defined  in  Directive  73/437/EEC  except  glucose  syrup,
whether  or  not  dehydrated’  shall  be  replaced  by  the  following:

‘Sugars  as  defined  in  Directive  73/437/EEC  except  glucose  syrup,  whether  or
not  dehydrated

10’

(c)

the  following  foodstuffs  and  maximum  levels:

‘Vegetable  and  cereal-  protein-based  meat,  fish  and  crustacean  analogues

200’

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shall  be  replaced  by  the  following:

‘Analogues  of  meat,  fish  and  crustaceans  based  on  protein

200’

(d) at  the  end  of  this  Part,  the  following  foodstuffs  and  maximum  levels  shall  be  added:

‘Marinated  nuts

Vacuum  packed  sweet  corn

Distilled  alcoholic  beverages  containing  whole  pears

50

100

50’

5.

In  Annex  III,  Part  C:

(a)

the  following  foodstuff  and  maximum  level  shall  be  added  to  E 234:

‘E 234

Nisin (1)

Mascarpone

10 mg/kg’

(b)

the  following  foodstuffs  and  maximum  levels  shall  be  added  to  E 251  and  E 252:

‘E 251

E 252

Sodium  nitrate

Potassium  nitrate

(*) Expressed  as  Na NO3.’;

Foie gras, foie gras entier,
blocs  de  foie  gras

50 (*)

(c)

the  following  foodstuffs  and  maximum  levels  shall  be  added  to  E 280,  E 281,  E 282  and  E 283:

‘E 280

Propionic  acid

E 281

E 282

E 283

Sodium  propionate

Calcium  propionate

Potassium  propionate

prepacked  pølsebrød,
boller  and  dansk  flutes

Cheese  and  cheese
analogues  (surface
treatment  only)

2 000  mg/kg,
expressed  as
propionic  acid

quantum  satis’

(d)

the  following  table  shall  be  deleted:

‘E 233

Thiabendazole

Surface  treatment  of:

— citrus  fruit

— bananas

6  mg/kg

3  mg/kg’

6. The  designation  ‘Dehydrated  granulated  potatoes’  contained  in  the  table  in  Annex  III  parts  B  and  D  in

the  foodstuffs  column  shall  be  replaced  by  ‘Dehydrated  potatoes’.

7.

In  Annex  IV:

(a)

the designation ‘Instant tea powder’ concerning E 297 Fumaric acid and the maximum level of 1 g/l
shall be replaced by ‘Instant products for preparation of flavoured tea and herbal infusions with the
maximum  level:  1 g/kg’.

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(b)

the  table  concerning  E 338  to  E 452  shall  be  replaced  by  the  following:

‘In  the  following  applications  the 
levels  of
phosphoric acid and the phosphates E 338, E 339, E 340, E 341, E 343,
E 450,  E 451  and  E 452  may  be  added  individually  or  in  combination
(expressed  as  P2O5):

indicated  maximum 

E 338

Phosphoric  acid

Non-alcoholic  flavoured  drinks

Sterilised  and  UHT  milk

Candied  fruits

Fruit  preparations

E 339

Sodium  phosphates

Partly  dehydrated  mild  with  less  than
28 %  solids

700  mg/l

1  g/l

800  mg/kg

800  mg/kg

1  g/kg

i) Monosodium
phosphate

Partly  dehydrated  milk  with  more  than
28 %  solids

1,5  g/kg

ii) Disodium  phosphate

Dried  milk  and  dried  skimmed  milk

2,5  g/kg

iii) Trisodium  phosphate

Pasteurised,  sterilised  and  UHT  creams

Whipped  cream  and  vegetable 
analogues

fat

5  g/kg

5  g/kg

Unripened  cheese  (except  Mozzarella)

2  g/kg

E 340

Potassium  phosphates

Processed  cheese  and  processed  cheese
analogues

i) Monopotassium

Meat  products

phosphate

20  g/kg

5  g/kg

ii) Dipotassium  phosphate

Sport  drinks  and  prepared  table  waters

0,5  g/l

iii) Tripotassium
phosphate

Dietary  supplements

quantum  satis

Salt  and  its  substitutes

Vegetable  protein  drinks

E 341

Calcium  phosphates

Beverage whiteners

i) Monocalcium
phosphate

Beverage  whiteners  for  vending
machines

ii) Dicalcium phosphate

Edible ices

iii) Tricalcium phosphate

Desserts

Dry  powdered  dessert  mixes

E 343 Magnesium  phosphates

Fine  bakery  wares

i) Monomagnesium

Flour

phosphate

ii) Dimagnesium
phosphate

Flour,  self  raising

Soda  bread

Liquid  egg  (white,  yolk  or  whole  egg)

E 450

Diphosphates

Sauces

i) Disodium  diphosphate

Soups  and  broths

ii) Trisodium  diphosphate

Instant  tea  and  instant  herbal  infusions

10  g/kg

20  g/l

30  g/kg

50  g/kg

1  g/kg

3  g/kg

7  g/kg

20  g/kg

2,5  g/kg

20  g/kg

20  g/kg

10  g/kg

5  g/kg

3  g/kg

2  g/kg

2  g/l

iii) Tetrasodium
diphosphate

v) Tetrapotassium
diphosphate

Cider  and  perry

Chewing  gum

quantum  satis

vi) Dicalcium  diphosphate

Chocolate  and  malt  dairy-based  drinks

2  g/l

Dried  powdered  foodstuffs

10  g/kg

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vii) Calcium  dihydrogen

diphosphate

Alcoholic  drinks  (excluding  wine  and
beer)

E 451

Triphosphates

i) Pentasodium
triphosphate

Breakfast cereals

Snacks

Surimi

Fish  and  crustacean  paste

(syrups 

Toppings 
pancakes,
flavoured  syrups  for  milkshakes  and
ice  cream;  similar  products)

for 

ii) Pentapotassium
triphosphate

Special  formulae  for  particular
nutritional  uses

Glazings  for  meat  and  vegetable
products

E 452

Polyphosphates

Sugar  confectionery

i) Sodium  polyphosphate

Icing  sugar

ii) Potassium

polyphosphate

iii) Sodium calcium

polyphosphate

iv) Calcium

polyphosphates

Noodles

Batters

Fillets  of  unprocessed  fish,  frozen  and
deep-frozen

Unprocessed  and  processed  molluscs
and  crustaceans  frozen  and  deep-frozen

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

Spreadable  fats  excluding  butter

Soured-cream  butter

Canned  crustaceans  products

Waterbased emulsion sprays for coating
baking  tins

1  g/l

5  g/kg

5  g/kg

1  g/kg

5  g/kg

3  g/kg

5  g/kg

4  g/kg

5  g/kg

10  g/kg

2  g/kg

12  g/kg

5  g/kg

5  g/kg

5  g/kg

5  g/kg

2  g/kg

1  g/kg

30  g/kg

Coffee  based  drinks 
machines

for  vending

2 g/l’

(c)

the  following  additive  shall  be  added:

‘E 468

Crosslinked  sodium  carboxy
methyl cellulose

Solid  dietary  supplements

30  g/kg’

(d)

the  designation  ‘Minarine’  concerning  E 385  shall  be  amended  as  follows:

‘Spreadable  fats  as  defined
in  Annexes  B  and  C  of
Regulation  (EC)  No
2991/94 (*)  having  a  fat
content  of  41 %  or  less

100  mg/kg

(*) OJ  L  316,  9.12.1994,  p.  2.’;

(e)

the  following  foodstuff  and  maximum  level  shall  be  added  to  E 405:

‘E 405

Propane-1,  2-diol  alginate

Cider  excluding  cidre  bouché

100 mg/l’

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(f) the  designation  in  the  12th  section,  third  column,  concerning  E 442,  shall  be  amended  as  follows:

‘Cocoa  and  chocolate  products  as  defined  in  Directive  73/241/EEC  including  fillings’

‘Confectionary  based  on  these  products’;

(g) the  following  foodstuff  and  maximum  level  shall  be  added  to  E 445:

‘E 445

Glycerolesters  of  wood
rosins

Surface  treatment  of  citrus  fruit

50 mg/kg’

(h) the  following  foodstuffs  and  maximum  levels  shall  be  added  to  E 473  and  E 474:

‘E 473

Sucrose  esters  of  fatty  acids

Cream analogues

E 474

Sucroglycerides

Sterilised  cream  and  sterilised
cream  with  reduced  fat  content

5  g/kg

5  g/kg’

(i)

the designation ‘Low and very low fat spreads and dressings’ concerning E 476 shall be amended as
follows:

‘E 476

Polyglycerol polyricinoleate

Spreadable  fats  as  defined  in
Annexes  A,  B  and  C  of
Regulation  (EC)  No  2991/94
having  a  fat  content  of  41 %  or
less

Similar spreadable products with
a  fat  content  of  less  than  10 %
fat

Dressings

4  g/kg

4  g/kg

4  g/kg’

(j)

the  following  foodstuffs  and  maximum  levels  concerning  E 551  to  E 559  shall  be  added:

‘Seasonings

Confectionery  excluding
chocolate
(surface  treatment  only) (*)

30  g/kg

quantum  satis

Tin-greasing  products

30  g/kg

(*) The  designation  ‘Confectionery  excluding  chocolate  (surface  treatment  only)’  replaces  ‘Moulded  jelly  sweets

(surface  treatment  only)’  in  Directive  95/2/EC.’;

(k) the  designation  ‘Sliced  hard  cheese  and  sliced  processed  cheese’  concerning  E 551  to  E 559  shall  be

amended  as  follows:

‘Sliced or grated hard, semi-hard
and  processed  cheese
Sliced 
cheese
or 
analogues  and  processed  cheese
analogues

grated 

10  g/kg’

(l)

the  following  foodstuff  and  maximum  level  shall  be  added  to  E 900:

‘E 900

Dimethyl polysiloxane

Cider  excluding  cidre  bouché

10  mg/l’

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(m) the  following  foodstuffs  and  maximum  levels  shall  be  added  to  E 901,  E 902,  E 903  and  E 904:

‘E 901

Beeswax,  white  and  yellow

E 902

E 903

E 904

Candelilla wax

Carnauba  wax

Shellac

Peaches  and  pineapples  (surface
treatment  only)

quantum  satis’

(n) the  following  foodstuffs  and  maximum  levels  shall  be  added  to  E 912  and  E 914:

‘E 912
E 914

Montanic  acid  esters
Oxidised  polyethylene  wax

Fresh  melon,  mango,  papaya,
avocado  and  pineapple  (surface
treatment  only)

quantum  satis’

(o) the  following  foodstuffs  and  maximum  levels  shall  be  added  to  E 957:

‘E 957

Thaumatin

Water-based  flavoured  non-
alcoholic  drinks

Desserts  —  dairy  and  non  dairy

0,5  mg/l

5  mg/kg
(as  flavour
enhancer  only)’

(p) the  designation  ‘Margarine’  and  ‘Minarine’  concerning  E 959  shall  be  amended  as  follows:

‘E 959

Neohesperidine  DC

Spreadable  fats  as  defined  in
Annexes  B  and  C  of  Regulation
(EC)  No  2991/94

5  mg/kg’

(q) the  following  foodstuff  and  maximum  level  shall  be  added  to  E 999:

‘E 999

Quillaia extract

Cider  excluding  cidre  bouché

(r) the  following  table  shall  be  added:

‘E 905

Microcrystalline wax

Surface  treatment  of
— confectionery  excluding

chocolate
— chewing  gum
— melons,  papaya,  mango  and

avocado

200  mg/l
calculated as
anhydrous  extract’

quantum  satis

E 1518

Glyceryl  triacetate  (triacetin)

Chewing  gum

quantum  satis’

(s) the  following  table  shall  be  added:

‘E 459

Beta-cyclodextrine

Foodstuffs  in  tablet  and  coated
tablet  form

quantum  satis

E 425

Konjac (*)
(i) Konjac  gum
(ii) Konjac glucomannane

Foodstuffs 
those  referred 
2(3))

in  general  (except
in  Article

to 

10  g/kg
individually  or  in
combination

(*) These  substances  may  not  be  used  to  produce  dehydrated  foodstuffs  intended  to  rehydrate  on  ingestion.’.

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8.

In  Annex  V,  the  following  tables  shall  be  added:

‘E 322

Lecithins

E 432-E 436

Polysorbates

glazing  agents  for  fruit

E 470a

E 471

Sodium,  potassium  and  calcium  salts  of  fatty  acids

Mono  and  diglycerides  of  fatty  acids

E 491-E 495

Sorbitans

E 570

E 900

E 425

Fatty  acids

Dimethylpolysiloxane

Polyethyleneglycol 6000

sweeteners

Konjac
(i) Konjac  gum
(ii) Konjac glucomannane

E 459

Beta-cyclodextrine

1  g/kg

E 1451

Acetylated  oxidised  starch

E 468

Cross  linked  sodium  carboxy  methyl  cellulose

sweeteners

E 469

Enzymatically  hydrolysed  carboxy  methyl  cellulose’

9.

In  Annex  VI:

(a)

the  first  subparagraph  of  the  introductory  note  shall  be  replaced  by  the  following:

‘Formulae and weaning foods for infants and young children may contain E 414 (acacia gum, gum
arabic)  and  E 551  (silicon  dioxide)  resulting  from  the  addition  of  nutrient  preparations  containing
not more than 150 g/kg of E 414 and 10 g/kg of E 551, as well as E 421 (mannitol) when used as a
carrier for vitamin B12  (not less than 1 part vitamin B12  to 1 000 parts mannitol). The carry over of
E 414  in  the  product  ready  for  consumption  should  not  be  more  than  10  mg/kg.

Formulae  and  weaning  foods  for  infants  and  young  children  may  contain  E 301  (sodium
L-ascorbate), used at QS level in coatings of nutrient preparations containing polyunsaturated fatty
acids.  The  carry  over  of  E 301  in  the  product  ready  for  consumption  should  not  be  more  than
75 mg/l.’;

(b)

in  Part  1,  note  2  shall  be  replaced  by  the  following:

‘2.

If  more  than  one  of  the  substances  E 322,  E 471,  E 472c  and  E 473  are  added  to  a  foodstuff,
the  maximum  level  established  for  that  foodstuff  for  each  of  those  substances  is  lowered  with
that  relative  part  as  is  present  of  the  other  substances  together  in  that  foodstuff.’;

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(c)

in  Part  1,  the  following  table  shall  be  added:

‘E 304

L-ascorbyl  palmitate

10  mg/l

E 331

E 332

E 339

E 340

Sodium  citrates

2  g/l

Potassium  citrates

Individually  or  in  combination  and  in  conformity
with  the 
in  Annex  I  to  Directive
91/321/EEC

limits  set 

Sodium  phosphates

1  g/l  expressed  as  P2O5

Potassium  phosphates

Individually  or  in  combination  and  in  conformity
with  the 
in  Annex  I  to  Directive
91/321/EEC

limits  set 

E 412

Guar  gum

E 472c

Citric  acid  esters  of  mono-  and
diglycerides  of  fatty  acids

1  g/l,  where  the  liquid  product  contains  partially
hydrolysed  proteins  and  is  in  conformity  with
the  conditions  set 
in  Annex  IV  of  Directive
91/321/EEC,  as  amended  by  Directive  96/4/EC

7,5  g/l  sold  as  powder
9  g/l  sold  as  liquid  where  the  products  contain
partially  hydrolysed  proteins,  peptides  or  amino
acids and are in conformity with the conditions set
in Annex IV of Directive 91/321/EEC, as amended
by  Directive  96/4/EC

E 473

Sucrose  esters  of  fatty  acids

120  mg/l 
proteins,  peptides  or  amino  acids’

in  products  containing  hydrolysed

(d)

in  Part  2,  note  2  shall  be  replaced  by  the  following:

‘2.

If more than one of the substances E 322, E 471, E 472c and 473 is added to a foodstuff, the
maximum level established for that foodstuff for each of those substances is lowered with that
relative  part  as  is  present  of  the  other  substances  together  in  that  foodstuff.’;

(e)

in  Part  2,  the  following  table  shall  be  added:

‘E 304

L-ascorbyl  palmitate

10  mg/l

E 331

E 332

E 339

E 340

Sodium  citrates

2  g/l

Potassium  citrates

Individually  or  in  combination  and  in  conformity
with  the 
in  Annex  I  to  Directive
91/321/EEC

limits  set 

Sodium  phosphates

1  g/l  expressed  as  P2O5

Potassium  phosphates

Individually  or  in  combination  and  in  conformity
with  the 
in  Annex  I  to  Directive
91/321/EEC

limits  set 

E 472c

Citric  acid  esters  of  mono-  and
diglycerides  of  fatty  acids

7,5  g/l  sold  as  powder
9  g/l  sold  as  liquid  where  the  products  contain
partially  hydrolysed  proteins,  peptides  or  amino
acids and are in conformity with the conditions set
in Annex IV of Directive 91/321/EEC, as amended
by  the  Directive  96/4/EC

E 473

Sucrose  esters  of  fatty  acids

120  mg/l 
proteins,  peptides  or  amino  acids’

in  products  containing  hydrolysed

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(f)

in  Part  3,  the  following  table  shall  be  added:

‘E 333

Calcium  citrates (*)

In  low-sugar  fruit  based
products

quantum  satis

E 341

Tricalcium phosphate (*)

In  fruit  based  desserts

1  g/kg  as  P2O5

E 1451

Acetylated  oxidised  starch

Weaning  foods

50  g/kg

(*) The  note  in  part  4  does  not  apply.’;

(g)

in  Part  4,  the  following  table  shall  be  added:

‘E
number

Name

Maximum level

Special conditions

E 401

Sodium alginate

1  g/l

E 405

Propane 1,2-diolalginate

200  mg/l

E 410

Locust  bean  gum

10  g/l

E 412

Guar  gum

10  g/l

E 415

Xanthan  gum

1,2  g/l

E 440

Pectins

10  g/l

E 466

Sodium  carboxy  methyl
cellulose

10  g/l  or  kg

E 471

Mono-  and  diglycerides  of
fatty  acids

5  g/l

products  with 

From  4  months  onwards  in  special
food 
adapted
composition, required for metabolic
disorders  and  for  general  tube-
feeding

From  12  months  onwards 
in
specialised  diets  intendes  for  young
children  who  have  cow’s  milk
intolerance  or 
inborn  errors  of
metabolism

From birth onwards in products for
reduction  of  gastro-oesophageal
reflux

liquid 

From  birth  onwards  in  products
in 
containing
formulae 
hydrolysed  proteins,  peptides  or
amino  acids  in  conformity  with
the  conditions  set  Annex  IV  of
Directive  91/321/EEC,  as  amended
by  Directive  96/4/EC

From  birth  onwards  for  use  in
products  based  on  amino  acids  or
peptides  for  use  with  patients  who
have problems with impairments of
the  gastrointestinal  tract,  protein
mal-absorption  or  inborn  errors  of
metabolism

From  birth  onwards  in  products
used  in  case  of  gastro-intestinal
disorders

From  birth  onwards  in  products
for  the  dietary  management  of
metabolic  disorders

From  birth  onwards  in  spesialised
diets,  particularly  those  devoid  of
proteins

E 1450

Starch  sodium  octenyl
succinate

20  g/l

In  infant  formulae  and  follow-on
formulae’

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  4  September  1996,  the  Commission  submitted  to  the  Council  a  proposal  for  a
Directive  of  the  European  Parliament  and  of  the  Council  based  on  Article  100a  of  the
EC  Treaty  amending  Directive  95/2/EC  of  the  European  Parliament  and  of  the  Council
on  food  additives  other  than  colours  and  sweeteners (1).

2. Further  to  the  European  Parliament’s  opinion  delivered  at  first  reading  on  23  October
1997 (2),  the  Commission  submitted  an  amended  proposal (3)  to  the  Council  on
16  January  1998.

3. The  Economic  and  Social  Committee  delivered  its  opinion  on  18  December  1996 (4).

4. The  Council  adopted  on  23  March  1998  its  common  position  in  accordance  with

Article  189b  of  the  Treaty.

II. PURPOSE

5. The aim of the draft Directive is to adapt Directive 95/2/EC of the European Parliament
and  of  the  Council  of  20  February  1995  on  food  additives  other  than  colours  and
sweeteners (5)  to  recent  scientific  and  technical  developments  taking  account  of  the
requirements  of  both  industry  and  consumers.

To  that  end,  draft  amended  Directive  95/2/EC  aims  to  authorise:

— the  use  of  certain  additives,  which  are  already  authorised,  in  certain  new  categories

of  foodstuffs  not  yet  included  in  the  Directive,

— certain  foodstuffs  manufactured  with  certain  additives  in  the  ‘new’  Member  States,

which  are  not  covered  by  the  existing  Directive,

— certain  new  food  additives  at  present  prohibited  which,  following  assessment  by  the
Scientific  Committee  for  Food,  have  been  deemed  fit  for  human  consumption.

As  a  result  the  draft  Directive  constitutes  a  necessary  measure  to  help  ensure  proper
operation  of  the  internal  market  in  the  foodstuffs  sector.

III. ANALYSIS  OF  THE  COMMON  POSITION

A. General  comments

6.

In  the  light  of  the  amended  Commission  proposal,  the  Council  endorsed  the
Commission’s  approach  with  respect  to  the  European  Parliament’s  amendments
by:

— taking over as they stand or in principle amendments 13, 20, 21, 23 to 25, 28,

33  and  34,

— rejecting  amendments  1  to  5,  15,  16,  18,  26,  29  and  42.

(1) OJ  C  76,  11.3.1997,  p.  34.
(2) OJ  C  339,  10.11.1997,  p.  136.
(3) OJ  C  77,  12.3.1998,  p.  7.
(4) OJ  C  75,  10.3.1997,  p.  1.
(5) OJ  L  61,  20.2.1995,  p.  1.

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On  the  other  hand,  the  Council  departed  from  the  Commission’s  amended
proposal  by:

— accepting  amendments  8,  9,  17  and  19  (in  part)  which  the  Commission  had

rejected,

— endorsing  two  of  the  three  parts  of  amendment  10  only  one  part  of  which  the

Commission  had  accepted,

— accepting  partially  amendment  14  which  the  Commission  had  adopted  as  it

stood.

In  addition, the  Council  made a number of other amendments to the Commission
proposal  which  concerned  both  the  substance  and  the  form  of  the  text.  The
Commission  accepted  all  these  amendments.

The  amendments  made  by  the  Council  to  the  amended  Commission  proposal
require  the  following  specific  comments:

B. Specific  comments

7. Amendments  accepted  (as  they  stood  or  in  part)  by  the  Council  and  rejected  (as

they  stood  or  in  part)  by  the  Commission

— Amendment  8  (point  2(e)  of  the  Annex  to  the  common  position):  the  Council
accepted this amendment as it thought there was no technological need for the
use  of  hydrochloric  acid  to  be  permitted  in  the  manufacture  of  Mozzarella.

— Amendment  9  (point  4(b)):  given  that  practice  in  the  sugar  industry  is  to  use
not  more  than  10  mg  of  SO2  per  kg  of  sugar,  the  Council  agreed  with  the
European  Parliament  and  reduced  the  maximum  level  for  this  additive,  where
sugar  is  concerned,  to  10  mg.

— Amendment 10 (point 4(d)): only the third part of this amendment (addition of
alcoholic  beverages  containing  whole  pears)  was  accepted  by  the  Commission.
The Council adopted that part as well as another point, namely the deletion of
dehydrated  apples  and  pears  with  a  moisture  content  of  more  than  12 %;
however,  the  Council  did  not  see  fit  also  to  delete  the  reference  to  marinated
nuts.

— Amendment  17  (point  7(o)):  the  Council  agreed  with  the  European  Parliament
and authorised two new uses for thaumatin as a flavour enhancer (water-based
flavoured  drinks  and  desserts)  although  it  reduced  the  maximum  level
permitted  in  desserts  to  5  mg  (amendment  17:  10  mg).

— Amendment  19  (point  7(r)):  the  Council  agreed  with  the  European  Parliament
and  deleted  glazed  rice  from  the  list  of  foods  which  may  be  treated  with
microcrystalline  wax;  however,  it  went  along  with  the  Commission  where
triacetin  was  concerned  and  did  not  delete  that  heading  as  the  European
Parliament wished.

8. Amendment  adopted  by  the  Commission  and  accepted  in  part  by  the  Council

— Amendment  14  (point  7(f)):  the  Council  considered  that  it  was  justifiable  to
extend  the  use  of  ammonium  phosphatides  to  fillings  of  cocoa  and  chocolate
products,  but  not  to  all  confectionery.

9. Other  amendments  made  to  the  Commission  proposal

The  Council  introduced  other  changes  to  the  Commission  proposal,  in  particular
to  take  account  of  new  technological  developments  and  the  needs  of  the  food
industry.  These  amendments  include:

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— the  inclusion  of  flour  treatment  agents  in  the  scope  of  the  Directive  and  the
exclusion  of  enzymes  (Article  1(1),  (2)  and  (3));  the  Commission  undertook  to
examine  the  problems  connected  with  the  latter  and  to  submit  appropriate
proposals,

— repeal of the entry on thiabendazole which is now covered by Council Directive

95/38/EC  on  pesticide  residues (1)  (fourth  recital  and  point  5(d)),

— authorisation  to  treat  Mascarpone  with  nisin  (point  5(a))  and  peaches  and

pineapples  with  wax  (point  7(m)).

10. Comments  on  a  number  of  the  European  Parliament’s  other  amendments

Of  the  amendments  accepted by the Commission and the Council, with respect to
amendment  28  on  additives  authorised  in  food  products  for  infants  and  young
children for particular medical purposes (Annex VI, Part 4) the following comment
seems  required:  the  Council  accepted  this  amendment  while  adopting,  as  did  the
Commission,  the  maximum  level  recommended  by  the  Scientific  Committee  on
Food for the first three substances; it also followed the advice of that Committee in
laying down more specific special conditions for the use of the additives concerned
(point  9(g)).

IV. CONCLUSIONS

The  Council  considers  that  the  common  position  at  one  and  the  same  time  substantially
meets  the  wishes  expressed  by  the  European  Parliament  and  takes  sufficient  account  of
recent technological requirements and developments. The Council is of the opinion that the
common  position  reflects  a  sound  balance  between  the  technological  requirements  of  the
industry  and  consumer  expectations.

(1) OJ  L  197,  22.8.1995,  p.  14.