Directive 2003/52/EC of the European Parliament and of the Council of 18 June 2003 amending Directive 95/2/EC as regards the conditions of use for a food additive E 425 konjac (Text with EEA relevance)
Date: 2003-06-18
Institutions: Council of the European Union, European Parliament
Subjects: food additive, foodstuff, foodstuffs legislation, human nutrition, public health

17.7.2003

EN

Official Journal of the European Union

L 178/23

DIRECTIVE 2003/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 June 2003

amending Directive 95/2/EC as regards the conditions of use for a food additive E 425 konjac

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(7)

Directive 95/2/EC should therefore be amended accord-
ingly,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

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

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Directive 95/2/EC of the European Parliament and of the
Council of 20 February 1995 on food additives other
than colours and sweeteners (4) authorises the use of the
food additive E 425 konjac in foodstuffs under certain
conditions.

taken measures

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

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.

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 proper-
ties of konjac are the cause for jelly mini-cups to consti-
tute a serious risk to human health.

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

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

In Annex IV to Directive 95/2/EC in the row for E 425: Konjac:
(i) Konjac gum (ii) Konjac glucomannane the text ‘Foodstuffs in
general
those referred to in Article 2(3))’ shall be
replaced by the text ‘Foodstuffs in general (except 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 Direc-
tive before 17 January 2004. They shall forthwith inform the
Commission thereof.

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

Article 3

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Luxembourg, 18 June 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. DRYS

(1) OJ C 331 E, 31.12.2002, p. 124.
(2) OJ C 85, 8.4.2003, p. 39.
(3) Opinion of the European Parliament of 11 February 2003 (not yet
published in the Official Journal), and Council Decision of 19 May
2003.

(4) 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).