2004/374/EC: Commission Decision of 13 April 2004 suspending the placing on the market and import of jelly mini-cups containing the food additives E 400, E 401, E 402, E 403, E 404, E 405, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E 417 and/or E 418 (Text with EEA relevance) (notified under document number C(2004) 1401)
Date: 2004-04-13
Institutions: European Commission
Subjects: food additive, frozen product, market approval

L 118/70

EN

Official Journal of the European Union

23.4.2004

COMMISSION DECISION

of 13 April 2004

suspending the placing on the market and import of jelly mini-cups containing the food additives
E 400, E 401, E 402, E 403, E 404, E 405, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415,
E 417 and/or E 418

(notified under document number C(2004) 1401)

(Text with EEA relevance)

(2004/374/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 178/2002 of the Euro-
pean 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 (1), as amended by
Regulation (EC) No 1642/2003 (2), and in particular Article
53(1) thereof,

Whereas:

(1)

(2)

(3)

Under Article 53(1) of Regulation (EC) No 178/2002 the
Commission can suspend the placing on the market or
use of a food that is likely to constitute a serious risk to
human health, when such risk cannot be contained satis-
factorily by means of measures taken by the Member
States concerned.

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), as last amended by
Regulation (EC) No 1882/2003 (4), authorises the use of
the food additives E 400 alginic acid, E 401 sodium algi-
nate, E 402 potassium alginate, E 403 ammonium algi-
nate, E 404 calcium alginate, E 405 propane 1,2-diol
alginate, E 406 agar, E 407 carrageenan, E 407a
processed euchema seaweed, E 410 locust bean gum, E
412 guar gum, E 413 tragacanth, E 414 acacia gum, E
415 xanthan gum, E 417 tara gum and/or E 418 gellan
gum in foodstuffs under certain conditions.

Several Member States have taken measures to tempora-
rily prohibit the placing on the market or import of jelly
confectionery of a firm consistence, contained in semi-
rigid mini-cups or mini-capsules, intended to be ingested
in a single bite by exerting pressure on the mini-cup or
mini-capsule to project the confectionery into the mouth
and containing additives derived from seaweed and/or
certain gums, hereafter designated as jelly mini-cups.
The concerned Member States have taken these measures
as these jelly mini-cups combine several risk factors due

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 245, 29.9.2003, p. 4.
(3) OJ L 61, 18.3.1995, p. 1.
(4) OJ L 284, 31.10.2003, p. 1.

(4)

(5)

(6)

(7)

(8)

(9)

to their consistence, shape, size and manner of ingestion,
giving rise to a risk that they remain blocked in the
throat and provoke choking. The Commission has been
informed of these measures.

The Commission has examined the information given by
the Member
Standing
Committee on the Food Chain and Animal Health.

together with

States

the

On the basis of
the information provided by the
Member States who adopted measures at national level,
it can be concluded that jelly mini-cups containing addi-
tives derived from seaweed and/or certain gums consti-
tute a life-threatening risk. Even if the shape, size and
manner of ingestion are the main cause, the risk also
originates from the chemical and physical properties of
these additives which contribute to the cause for jelly
mini-cups to constitute a serious risk to human health.

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

Community-wide measures are necessary to provide
adequate protection of human health, due to the
disparity of the measures taken by some Member States
and the fact that other Member States have not taken
any measures at all.

It is necessary to suspend the placing on the market of
jelly mini-cups containing one or more of the food addi-
tives E 400, E 401, E 402, E 403, E 404, E 405, E 406,
E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E
417 and/or E 418 and the use of these additives in jelly
jelly mini-cups containing
mini-cups and imports of
these additives in order to protect human health.

The Commission will consult the European Food Safety
Authority on this matter as it is of public health rele-
vance and, on the basis of the scientific opinion of the
Authority,
review the present decision and
examine whether there is a need to propose to the Euro-
pean Parliament and to the Council an amendment to
Directive 95/2/EC.

it will

23.4.2004

EN

Official Journal of the European Union

L 118/71

(10)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of this Decision, jelly mini-cups means jelly
confectionery of a firm consistence, contained in semi-rigid
mini-cups or mini-capsules, intended to be ingested in a single
bite by exerting pressure on the mini-cup or mini-capsule to
project the confectionery into the mouth and containing food
additives derived from seaweed and/or certain gums.

The use of E 400 alginic acid, E 401 sodium alginate, E
2.
402 potassium alginate, E 403 ammonium alginate, E 404
calcium alginate, E 405 propane 1,2-diol alginate, E 406 agar,
E 407 carrageenan, E 407a processed euchema seaweed, E 410
locust bean gum, E 412 guar gum, E 413 tragacanth, E 414
acacia gum, E 415 xanthan gum, E 417 tara gum and/or E 418
gellan gum in jelly mini-cups is suspended.

3.
The import of jelly mini-cups containing E 400 alginic
acid, E 401 sodium alginate, E 402 potassium alginate, E 403
ammonium alginate, E 404 calcium alginate, E 405 propane
1,2-diol alginate, E 406 agar, E 407 carrageenan, E 407a
processed euchema seaweed, E 410 locust bean gum, E 412
guar gum, E 413 tragacanth, E 414 acacia gum, E 415 xanthan
gum, E 417 tara gum and/or E 418 gellan gum is suspended.

Article 2

This Decision is addressed to the Member States.

Article 3

The placing on the market of jelly mini-cups containing E
1.
400 alginic acid, E 401 sodium alginate, E 402 potassium algi-
nate, E 403 ammonium alginate, E 404 calcium alginate, E 405
propane 1,2-diol alginate, E 406 agar, E 407 carrageenan, E
407a processed euchema seaweed, E 410 locust bean gum, E
412 guar gum, E 413 tragacanth, E 414 acacia gum, E 415
xanthan gum, E 417 tara gum and/or E 418 gellan gum is
suspended.

Done at Brussels, 13 April 2004.

For the Commission

David BYRNE

Member of the Commission