Opinion of the European Economic and Social Committee on the Proposal for Directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs (COM(2004) 650 final — 2004/0237 COD)
Date: 2005-04-06
Institutions: European Economic and Social Committee
Subjects: baby food, food additive, food safety, foodstuffs legislation, preservative, sweetener, texture agent

14.10.2005

EN

Official Journal of the European Union

C 255/59

Opinion of the European Economic and Social Committee on the Proposal for Directive of the
European Parliament and of the Council amending Directive 95/2/EC on food additives other than
colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs

(COM(2004) 650 final — 2004/0237 COD)

(2005/C 255/11)

On 16 November 2004 the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the abovementioned communica-
tion.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 17 March 2005. The rapporteur was Ms Ann
Davison.

At its 416th plenary session, held on 6 and 7 April 2005 (meeting of 6 April 2005), the European
Economic and Social Committee adopted the following opinion by 136 votes to 2 with 7 abstentions.

1. Background

3.1 Sodium compounds

1.1
This is the sixth amendment on food additives other
than colours and sweeteners in ten years, and the third for
sweeteners.

1.2
The amendments to Directive 95/2/EC, which operated
on the principle of positive lists, concern additives ‘other than
colours and sweeteners’. This means that the focus is mainly on
emulsifiers and stabilisers, and preservatives.

reduce,

to withdraw,

The amendments set out

1.3
re-
appraise, authorise, extend, clarify and re-name certain food
additives in these relevant categories. These changes take into
account the Scientific Committee on Food's and European Food
Safety Authority's opinions on new additive proposals and the
extension of the uses of certain existing additives. The amend-
ments will also introduce harmonised controls on additives
needed for the storage and use of
(At present
flavourings.
different laws apply in individual Member States.)

1.4
The new provisions will make sure that additives will
only be permitted where they have been evaluated for safety,
where the technological use has been justified, and no intake
concerns identified.

2. General comments

2.1
The Committee proposed the establishment of a Euro-
pean Food Safety Authority and is pleased at the resultant
separation of risk assessment from risk management, also that
the EFSA seems to be taking account of need for any new
products. It hopes that the member states are applying suffi-
cient resources for enforcement of the ESFA's new approach.
The EESC welcomes this update of legislation and has certain
detailed comments.

3. Specific Comments

It would be clearer
the Commission would include e
numbers, as stated on the label, against the named additives in
its documents.

if

The text includes a number of sodium compounds. The EESC is
concerned that consumers do not realise from the labelling that
these are salt and so can contribute to their total maximum
suggested average daily intake of 6g. They therefore cannot
respond meaningfully to advice to reduce their intake.

3.2 Nitrites and nitrates

The Commission wishes, on the advice of the EFSA to lower
the permitted levels as much as possible without compromising
food safety. Nitrates and nitrites are useful preservatives but too
much consumption carries its own risk. The Commission there-
fore suggests a strategy which sets a maximum level. In the
interest of consumer safety, the EESC would like to see as low a
levels for
base line as possible,
different products to achieve this.

if necessary with different

3.3 Weaning foods and food supplements and foods for special

medical purposes

The EESC supports the Commission's proposal to align its
wording by replacing the term ‘weaning foods’ in all legislation
with ‘processed cereal — based foods and baby foods’ and to
clarify the wording on food supplements and foods for special
medical purposes.

3.4 p — Hydroxybenzoates

3.4.1
These were due for review and the EFSA has estab-
lished a full group acceptable daily intake of 0-10 mg/kg by
weight for the sum of methyl and ethyl p-hydroxybenzoic acid
esters and their sodium salts. However it is recommended to
remove approval for propyl paraben which had effects on sex
hormones and organs in juvenile rats. It is also proposed to
withdraw the use of p-hydroxybenzoates in liquid dietary food
supplements.

C 255/60

EN

Official Journal of the European Union

14.10.2005

3.4.2
The Committee understands that the EFSA calculation
of ADI allows a safety margin for children and other vulnerable
groups. It agrees that in the absence of a no observable adverse
effect level approval should be withdrawn.

3.5 Gelling agents in jelly mini-cups

hemicellulose, have to be labelled because they are potential
allergens.

The EESC accepts this change to the use of soybean
3.8.1
hemicellulose since the need for these restricted uses has been
established

it

the well-documented risk from choking,

In view of
is
proposed to withdraw from use a number of gel forming food
additives. The EESC agrees with the ban but points out that it
is the shape, form and consistency of such sweets which create
the risk rather than the additives themselves. A broader ban is
needed to prevent
them altogether from coming onto the
market. As there is no provision under general food law or in
the General Product Safety Directive for introducing a ban on
the product itself, the product is prohibited via the food addi-
tives it contains. The Committee considers that the EU should
have the option to ban an unsafe food product.

3.6 Erythritol

This is a sweetener that occurs naturally in some fruit, mush-
rooms, fermented foods and cheese but is also useful for other
purposes and is proposed to be permitted for several uses. The
EESC agrees with this decision but queries
the wording
‘masking unwanted off- flavours’ which sounds as though food
which is less than fresh could be masked. The EESC notes the
advantages of a new sweetener to particular groups of frequent
users such as diabetics. It not only increases their choice of
products containing artificial sweeteners but has fewer laxative
effects which need not in this case now be labelled.

3.7 4 — hexylresorcinol

3.7.1
This is proposed as an alternative and not as a with-
drawal of sulphites which prevent browning of crustaceans The
Scientific Committee on food ruled it acceptable provided resi-
dues in crustaceans meat do not exceed 2 mg/kg.

3.7.2
The EESC is concerned about people who consume an
unusual amount of crustaceans — people living on the coast,
for example. The EFSA should assess whether 4-hexylresorcinol
or sulphites, or a mix, is safer for consumers.

3.9 Ethyl cellulose

This is prepared from wood pulp or cotton and is widely used
as a filler in pharmaceutical tablets. The EFSA did not consider
any ADI to be necessary. The EESC agrees with the proposal to
extend its use in the same way as for other cellulose

3.10 Extending use of already authorised food additives

The Commission proposes extending the use of three additives,
sodium hydrogen carbonate, sorbates and benzoates and silicon
dioxide.

— S o d i u m h y d r o g e n c a r b o n a t e

The additive was originally defined as a processing aid
which does not come within Community competence. It
has now been redefined but its use has not been questioned
by the Commission because it
is already permitted in
organic foods.

— S o r b a t e s a n d b e n z o a t e s i n c r u s t a c e a n s

It is proposed to extend the use of the above on the basis
that consumption is unlikely to increase significantly. The
EESC considers that the average figure for consumption of
such products may hide significant variation and wonders
whether high consumers are sufficiently protected.
It
welcomes the fact that the Commission is collecting more
information on benzoates.

— S i l i c o n d i o x i d e

The Commission needs to make clear its view that higher
dosage of silicon dioxide would be preferable to mainte-
nance of high consumption of organic dyes.

3.11 Timing

3.8 Soybean hemicellulose

This is derived from fibre from (traditional) soy and approved
by the SCF. All products from soybean including soybean

The suspension of placing on the market of jelly cup sweets
needs to remain until and unless the new legislation takes over
and has the same effect.

Brussels, 6 April 2005.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND