Proposal for a Directive of the European Parliament and of the Council amending Directive 95/2/EC as regards the conditions of use for a food additive E 425 konjac
Date: 2002-08-05
Institutions: European Commission
Subjects: approximation of laws, confectionery, consumer protection, food additive, food safety, foodstuff, foodstuffs legislation, human nutrition

C 331 E/124

EN

Official Journal of the European Communities

31.12.2002

Proposal for a Directive of the European Parliament and of the Council amending Directive
95/2/EC as regards the conditions of use for a food additive E 425 konjac

(2002/C 331 E/26)

(Text with EEA relevance)

COM(2002) 451 final — 2002/0201(COD)

(Submitted by the Commission on 5 August 2002)

EXPLANATORY MEMORANDUM

On 27 March 2002, the Commission adopted a Decision 2002/247/EC (1) to suspend the placing on the
market and import of jelly confectionery containing the food additive E 425 konjac. Also the use of E 425
konjac in jelly confectionery was suspended. The measure was adopted under Article 53 of Regulation (EC)
No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general
principles and requirements of food law, establishing the European Food Safety Authority and laying down
procedures in matters of food safety (2).

The Commission took this measure after being informed by the several Member States and third countries
of the risk involved in consuming jelly confectionery (so called jelly mini-cups) containing E 425 konjac.
Several children and elderly persons had died in third countries through choking.

In addition to the shape and size of this confectionery, the chemical and physical properties of the food
additive konjac are such that it causes jelly mini-cups to constitute a life-threatening risk to humans.

Some manufacturers of jelly mini-cups recognise the risk by affixing a warning on the food package,
highlighting the risk for children and the elderly. In the present case, warning through labelling is not
sufficient to protect human health, especially with regard to children.

The use of the food additive E 425 konjac is authorised in foodstuffs in the European Community under
certain conditions by Directive 95/2/EC of the European Parliament and of the Council of 20 February
1995 on food additives other than colours and sweeteners (3).

It is necessary to amend the current authorisation to withdraw the authorisation to use E 425 konjac in
In addition, the use of konjac in any other jelly
jelly mini-cups in order to protect human health.
confectionery should also be withdrawn, as it may present the same risk as jelly mini-cups.

(1) OJ L 84, 28.3.2002, p. 69.
(2) OJ L 31, 1.2.2002, p. 1.
(3) OJ L 61, 18.3.1995, p. 1.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

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

Whereas:

Having regard to the proposal from the Commission,

(1) Directive 95/2/EC of the European Parliament and of the
Council of 20 February 1995 on food additives other than
colours and sweeteners (1) authorises the use of the food
certain
additive E 425 konjac
conditions.

in foodstuffs under

Having regard to the opinion of the Economic and Social
Committee,

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

2001/5/EC (OJ L 55, 24.2.2001, p. 59).

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Official Journal of the European Communities

C 331 E/125

(2) The Commission has

to temporarily
taken measures
suspend the placing on the market of
jelly mini-cups
containing E 425 konjac because they have been found
to be dangeours as they have caused the death of several
children and elderly persons in third countries through
choking.

(3) Some manufacturers of jelly mini-cups recognise the risk to
human health by affixing a warning on the food package,
highlighting the risk for children and the elderly.

(4) On the basis of the information provided by the Member
States which adopted measures at national level, it can be
concluded that jelly mini-cups containing E 425 konjac
constitute a life-threatening risk.
In addition to their
shape and size, the chemical and physical properties of
konjac are the cause for jelly mini-cups to constitute a
serious risk to human health.

(5) In the present case, warning through labelling is not
sufficient to protect human health, especially with regard
to children.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

(i) Konjac gum,

In Annex IV to Directive 95/2/EC in the row for E 425:
(ii) Konjac glucomannane the text
Konjac:
those referred to in Article
‘Foodstuffs in general
2(3))’
(except
is replaced by the text ‘Foodstuffs in general
those referred to in Article 2(3) and jelly confectionery
including jelly-mini-cups)’.

(except

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by [31 December 2003] 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 a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Article 3

(6) It is necessary to modify the conditions of use for E 425
konjac as regards its use in jelly confectionery, including
jelly-mini cups.

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

(7) Directive

95/2/EC

should

therefore

be

amended

Article 4

accordingly,

This Directive is addressed to the Member States.