Commission Directive 2005/26/EC of 21 March 2005 establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC of the European Parliament and of the CouncilText with EEA relevance
Date: 2005-03-21
Institutions: European Commission
Subjects: consumer protection, food safety, labelling, processed food product

22.3.2005

EN

Official Journal of the European Union

L 75/33

COMMISSION DIRECTIVE 2005/26/EC

of 21 March 2005

establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of
Directive 2000/13/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2000/13/EC of
Parliament and of
the Council of 20 March 2000 on the
approximation of the laws of the Member States relating to
the labelling, presentation and advertising of foodstuffs (1), and
in particular second subparagraph of Article 6(11) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Annex IIIa of Directive 2000/13/EC establishes a list of
food ingredients to be indicated on the label as they are
likely to cause adverse reactions in susceptible indi-
viduals.

2000/13/EC

accordance with Directive

the
In
Commission may provisionally exclude certain ingre-
dients or products of those ingredients from Annex IIIa
to that Directive, while food manufacturers or their asso-
ciations conduct scientific studies to establish that those
ingredients or products comply with the conditions for
definite exclusion from that Annex.

The Commission received 27 applications regarding 34
ingredients or products thereof, of which 32 fall within
the scope of this Directive, and have been submitted to
the European Food Safety Authority (EFSA)
for a
scientific opinion.

Based on the information provided by the applicant, and
other information available, the EFSA has considered that
certain products of ingredients are not likely, or not very
to cause adverse reactions in susceptible indi-
likely,
it
In certain cases, EFSA has concluded that
viduals.
cannot draw a firm conclusion,
though no reported
cases were mentioned.

Those products or
ingredients complying with these
conditions should therefore provisionally be excluded
from Annex IIIa of Directive 2000/13/EC,

Article 1

The ingredients or substances listed in the Annex to this
Directive shall be excluded from Annex IIIa of Directive
2000/13/EC until 25 November 2007.

Article 2

the latest,

1. Member States shall adopt and publish, by 21 September
2005 at
the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

They shall apply those provisions from 25 November 2005.

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.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 21 March 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive

2003/89/EC (OJ L 308, 25.11.2003, p. 15).

L 75/34

EN

Official Journal of the European Union

22.3.2005

ANNEX

List of food ingredients and substances provisionally excluded from Annex IIIa of Directive 2000/13/EC

Ingredients

Products thereof provisionally excluded

Cereals containing gluten

— Wheat based glucose syrups including dextrose (1)
— Wheat based maltodextrins (1)
— Glucose syrups based on barley
— Cereals used in distillates for spirits

Eggs

Fish

Soybean

Milk

Nuts

Celery

Mustard

— Lysozym (produced from egg) used in wine
— Albumin (produced from egg) used as fining agent in wine and cider

— Fish gelatine used as carrier for vitamins and flavours
— Fish gelatine or Isinglass used as fining agent in beer, cider and wine

— Fully refined soybean oil and fat (1)
— Natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha
tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources
— Vegetable oils derived phytosterols and phytosterol esters from soybean sources
— Plant stanol ester produced from vegetable oil sterols from soybean sources

— Whey used in distillates for spirits
— Lactitol
— Milk (casein) products used as fining agents in cider and wines

— Nuts used in distillates for spirits
— Nuts (almonds, walnuts) used (as flavour) in spirits

— Celery leaf and seed oil
— Celery seed oleoresin

— Mustard oil
— Mustard seed oil
— Mustard seed oleoresin

(1) And products thereof, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by the

EFSA for the relevant product from which they originated.