Directive 2001/5/EC of the European Parliament and of the Council of 12 February 2001 amending Directive 95/2/EC on food additives other than colours and sweeteners
Date: 2001-02-12
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, consumer protection, food additive, foodstuff, foodstuffs legislation, human nutrition

24.2.2001

EN

Official Journal of the European Communities

L 55/59

DIRECTIVE 2001/5/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 95/2/EC on food additives other than colours and sweeteners

of 12 February 2001

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

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 (1), and in particular Articles 3(2) and 5(3) thereof,

Having regard to the proposal from the Commission (2),

Having regard to the opinion of the Economic and Social Committee (3),

Acting in accordance with the procedure referred to in Article 251 of the Treaty (4),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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) lays down a list of food additives that may be used in
the Community and the conditions for their use.

There have been technical developments in the field of food additives since the adoption of Directive
95/2/EC.

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

Food additives may be approved for use in foodstuffs only if they comply with the general criteria
laid down in Annex II to Directive 89/107/EEC.

According to Article 5(1) of Directive 89/107/EEC, a Member State may authorise the use of a new
food additive for a two-year period in its territory.

In accordance with requests from Member States, the following nationally authorised additives
should be approved at Community level: propane, butane and iso-butane; these products should be
labelled according to Council Directive 75/324/EEC of 20 May 1975 on the approximation of the
laws of the Member States relating to aerosol dispensers (6).

The Scientific Committee on Food, established under Commission Decision 97/579/EC (7), has been
consulted on the adoption of provisions liable to have an effect on public health, pursuant to Article
6 of Directive 89/107/EEC,

HAVE ADOPTED THIS DIRECTIVE:

The Annexes to Directive 95/2/EC are hereby amended as follows:

Article 1

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

Council (OJ L 237, 10.9.1994, p. 1 ).

(2) OJ C 21 E, 25.1.2000, p. 42 and OJ C 337 E, 28.11.2000, p. 238.
(3) OJ C 51, 23.2.2000, p. 27.
(4) Opinion of the European Parliament of 11 April 2000 (not yet published in the Official Journal), Council Common
Position of 20 July 2000 (OJ C 300, 20.10.2000, p. 45) and decision of the European Parliament of 14 December
2000 (not yet published in the Official Journal). Decision of the Council of 19 January 2001.

(5) OJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive 98/72/EC (OJ L 295, 4.11.1998, p. 18).
(6) OJ L 147, 9.6.1975, p. 40. Directive as last amended by Commission Directive 94/1/EC (OJ L 23, 28.1.1994, p. 28).
(7) OJ L 237, 28.8.1997, p. 18.

L 55/60

EN

Official Journal of the European Communities

24.2.2001

1. Annex I shall be amended as follows:

(a) the following additive shall be inserted in the table:

‘E 949 Hydrogen *’

(b) in point 3 of the note, the following shall be inserted in the text corresponding to the symbol *:

‘E 949’

2.

in Annex IV

(a) the following shall be added in the third and fourth columns to the row for ‘E 445: Glycerol esters

of wood rosin’:

‘Cloudy spirit drinks in accordance with Council Regulation (EEC) No 1576/89 laying down
general rules on the definition, description and presentation of spirit drinks (*)

100 mg/l

Cloudy spirit drinks containing less than 15 % alcohol by volume

100 mg/l

(*) OJ L 160, 12.6.1989, p. 1.’

(b) The following rows shall be added:

‘E 650

Zinc acetate

Chewing gum

1 000 mg/kg

E 943a

Butane

Vegetable oil pan spray (for professional use

quantum satis’

E 943b

Iso-butane

E 944

Propane

only)

Water-based emulsion spray

3.

in Annex V the first row shall be replaced by the following:

‘E 1520

Propane-1,2-diol (propylene glycol)

Colours, emulsifiers, antioxidants and enzymes
(maximum 1 g/kg in the foodstuff)’

Article 2

1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply
with this Directive by 24 August 2002 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be
accompanied by such reference on the occasion of their official publication. Member States shall determine
how such reference is to be made.

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

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

Article 3

24.2.2001

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Official Journal of the European Communities

L 55/61

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 12 February 2001.

For the European Parliament

The President

N. FONTAINE

For the Council

The President

T. ÖSTROS