CELEX: 51980PC0111
Language: en
Date: 1980-03-20
Title: Amended proposal for a COUNCIL DIRECTIVE amending for the seventh time Directive 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 111
Vol. 1980/0037
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(30)111 final
                                               Brussels , 20 March 1980
                        Amended proposal tor a
                           COUNCIL DIRECTIVE
amending for the seventh time Directive 73/ 241 / EEC on the approximation
of the laws of the Member States relating to cocoa and chocolate products
                   intended for human consumption
           ( submitted to the Council by the Commission )
 ---pagebreak---                               EXPLANATORY MEMORANDUM
 1.     On 30 April 1979 , the Commission sent the Council a proposal
 concerning the authorization throughout the Community of ammonium
 phosphatides for use in the processing of cocoa and. chocolate products
 (Doc . COM(79 ) 232 final ).
 2.     In its opinion of 18 January 1930 (Council Doc . 4289/80 ), Parliament ,
 asked the Commission to include polyglycerol polyricinoleate and sorbitan
tristearate in its proposal , "unless their unsuitability is established".
The following is a summary of the response made by the Commission to this
request during the plenary session of Parliament :                   .    \
- The Commission considers that it is correctly representing Parliament 's
    position in saying that the technical work relating to the two additives
    in question is not sufficiently advanced to enable a final decision to be
    taken .       '
                                   ••              »           •                '
–, In view of this uncertainty , Member States should be allowed to retain ,
    for the time being national provisions authorizing the use of the         -
    substances in question , a final decision being postponed until adequate
" information is available .                                            ,   '
This amended .. proposal was drawn up as a result of the abovementioned
statement by the Commission .         It is also in conformity with the Opinion
delivered by the Economic and Social Committee (Doc . JSC 850/79)*
3 . • As regards form , the amended proposal includes three new items by
comparison with the original proposal :
- Polyglycerol polyricinoleate and sorbitan tristearate are retained
    provisionally in Annex II ( 2 ) to basic Directive 73/241/EEC , and their
    status will be re-examined before 31 December 19S2*.
– Article 2 provides for the proposed measures which should have been
    taken before 21 June 1979 pursuant to the existing version
 *i<'or the sake of clarity , it seemed necessary to include Annex Il(2 ) in its
  entirety when drafting this -amended directive . . Amendments were , however ,
  only made to sub-paragraphs ( a ) ( iii ) and ( b ) ( iii ).
 ---pagebreak--- ef Annex Il(2 ) to Directive 73/ 24 1/EEC to be retroactive
- The recitals were amended accordingly .
 ---pagebreak---                     Amended proposal for 'a Council Directiva     >
                         amending for the seventh, time
                    Directive 73/241 /EEC on- the approximation
                    of the laws of the Member States relating
                    to cocoa and chocolate products . intended
                                for human consumption
4,              ,      '
    THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
    Raving regard to the Treaty establishing the European Economic Community ,
    and in particular Article 100 thereof ,
                                      ,         N
    Having regard to the proposal from the Commission ,
    Having regard to the opinion of the European Parliament ,
    Having regard to the opinion of the Economic and Social Committee ,
    Whereas , pursuant to paragraph 2(b)(iii ) of Annex II to
    Council Directive                , as last amended by Directive v7 8/^42/EEC-^,
    Member States can retain until 20 June 1979 any national provisions
    authorizing the use in cocoa and chocolate products of the emulsifiers
    listed in paragraph 2(a ) ( iii ) of that Annex?         • •
    Whereas the Council may decide to transfer such substances to Annex I
    to Directive 73/241/EEC , i.e. to authorize their general use throughout
    the Community ;
  - Whereas this option should be used in respect of ammonium
    phosphatides ( ammonium salts of phosphatidic acids ); whereas use of such
    substances offers technological advantages since they do not alter the
    organoleptic properties of the cocoa . and chocolate products to which they
    are added ;
    J,0J L 228, 16.8.1973, p. 23.
    ^OJ L 291 , 17.10.1978, p. 15 .
 ---pagebreak---                                    - 2 -
Whereas the authorization to use ammonium phosphatides does not pose
any danger to public health since , pursuant to the rule set out in
Annex l( 6 ) concerning lecithins , this authorization is accompanied
by the stipulation of a total phosphatide level which must not be
exceeded in the finished product and which* is fixed by taking into
account the natural phosphatide oontent of oocoa beans ;
Whereas the specific purity criteria relating to lecithins were
defined in Council Directive 78/664/EEC of 25 July 1978 laying down
specific purity criteria for ant i–oxidants which may be used in
foodstuffs intended for human consumption3;
Whereas a final decision on the use of glycerol polyrioinoleate and
sorbitan tristearate in :: ocoa and chocolate products should be
postponed;
Wherea3 the absence of reliable data on consumption of ;       .
cocoa and chocolate products throughout the Community makes it
impossible to assess the amounts of each of these two substanoes "
which could be absorbed by consumers, and whereas , therefore , it is
currently impossible to state categorically that no danger to
human health exists ;
Whereas , moreover , a further thorough examination is necessary in
order to justify the use of these substances from the technological
st andpoint ,
 3 0J L 223 / 14.8.1978, p. 30 .
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE:
                                                                    V
                                      Article 1
Directive 73/241 / EEC is hereby amended as follows :
1 . The first and second           paragraphs of Annex l( 6) shall be
replaced by the following:
"The following products may be added, individually or blended, to
the products listed in paragraph 1 ., with the exception of oocoa nib :
( a) lecithins (E 322 ) -
( b ) ammonium phosphatides (E 442 ).
Any such addition shall be mentioned in the product description^
save where the substances in question axe added to the various sorts
of chocolate referred to in headings 1.1£ to 1.28". '
2. Annex Il(2) shall be replaced by the following:
"2 . ( a) This Directive does not invalidate the provisions of - .
national Law io force, on 1 August 1973 which permit the use of :
     ( i ) phosphoric acid as a neutralizing agent in cocoa products to
       - which alkalizing agents have been added pursuant to Annex 1(2 )
  ( ii ) aromatic substances other than those allowed by Annex I,(5)(a)
           in the oocoa and chocolate products referred to in that
           paragraph : ' '
( iii ) glycerol polyricinoleate (E 476 ) and sorbitan tristearate
   -       (E 492).
( b ) The exemption allowed:
     ( i ) in ( a)(i ) shall cease to be effective on 30 June '1981 ; before
           that date, however, the Council , pursuant to the procedure
           laid down in Article 100 of the Treaty, may include in Annex I
 ---pagebreak---          the eubatsmoa referred to in paragraph 2(i ); iuch
         substance shall be included in Annex I only if scientific
         research has demonstrated its safety as regards human health
         and if its use is necessary on economic grounds ;
  ( ii ) under ( a)(ii ) shall cease to "be effective at a date to be
         fixed by the Council before 1 January 1 983 y pursuant to the
         prooedure laid down in Article 100 of the Treaty, and in
         any case at the time of application of Community rules listing
         the aromatic substances which may be used in foodstuffs ;
( iii ) tinder ( a)(iii ) shall cease to be effective on 31 December 1982;
         before that date , however , the Council , pursuant to the procedure
         laid down in Article 100 of the Treaty , may include in the first
      ;
      é
         indent of Annex        the substances referred to in ( a)Ciii ); such
                                                                        '
      ^ substances shall be included in Annex I only if their use in cocoa
         and chocolate products does not constitute a danger to human health
         and if their use is necessary for technological reasons".
                                     Article 2
Article 1/ shall take effect from 21 June 1979 *
                                     Article 3
                                             • fc                     V
 Member States shall take the measures necessary to comply with this
 Directive within eighteen months of its notification.         They shall
 forthwith inform the Commission thereof .
                                     Article 4
 This Direotive is addressed to the Member States .
 Done at                                  For the Council
                                         The President -