CELEX: 51979PC0232
Language: en
Date: 1979-04-30
Title: 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 (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 232
Vol. 1979/0095
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(79)232 final
                                               Brussels , 30th April 1979
                        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
                  (presented by the Commission to the Council )
                                                     /"ν
COM ( 79 ) 232 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
 1 . Under the provisions of Annex Il(2)(a)(iii ) and (b)(iii ) of Council
     Directive 73/24l/EEC of 24 July 1973 on the approximation of the laws
     of the Member States relating to ooooa and chocolate products
     intended for human consumption , as last amended "by Directive
               9
     78/842/EEC | the Member States can maintain until 20 June 1979 any
     national provisions authorizing the use of the following emulsifiers
     in cocoa ano chocolate products :
     - polyclycerol polyrioinoleatej
     - sorbitan monostearate }
     - sorbitan tristearate }
     - polyoxyethylene ( 20) sorbitan monostearate ;
     - ammonium salts of phosphatidic acids (ammonium phosphatides).
     Before the date indioated above , the Council may deoide that these
     substances are to be transferred to Annex I of Directive 73/241/EEC
     and thus authorized for general use throughout the Community .
2.   The Commission has examined the substances in question from the point of view
     of both their toxicological acogptability and their technological use­
     fulness in coooa and ohooolate products .
2.1 . As regards the toxicological aspect ,    the Scientific Committee for
       Pood, in its opinion of 30 November 1978 , stipulated the acceptable
       daily intakes for all the substances in question. As regards
       polyoxyethylene (2 ) sorbitan monostearate , however , this intake figure
       is of a temporary nature . On the basis of this opinion, which also
       covers other substances , the Commission has just forwarded to the
       Council 3 a proposal to amend Counoil Directive 74/329/EEC of
       18 June 1974 cn the approximation of the laws of the Member States
       relating to emulsifiers , stabilizers , thickeners and gelling agents !
       for use in foodstuffs4. as amended by Directive 78/6lS/EBC^.
1 QJ L 228 of 16 August 1973, p. 23
2 CJ L 291 of 17 Ootober 1978, p. 15
3 Doo. COM(79)
4 OJ 189 of 12 July 1974, P. 1
5 OJ L 197 of 22 July 1978, p. 22
 ---pagebreak--- 2.    As regards the technological examination the Commission has con­
      sulted the Member States and also the "business and sooial circles con­
      cerned .
2.1 .   The information received on this occasion leads to the conclusion
        the the use in cocoa and chocolate produots of ammonium
        phosphatides (ammonium salts of phosphatidic acids ) offers real
        advantages . These substances , which are related to the leoithins
        already authorized as emulsifiers in cocoa and chocolate products , do not
        have the drawback associated with the latter of altering the
        organoleptic properties of the products to which they are added .
        Consequently , the Commission proposes to extend to the whole
        Community the authorized use of ammonium phosphatides .
        It also seems possible to provide for the same limitation in their
        case as has already been provided for the lecithins , viz . ar
        overall level for phosphatide oontent , including the natural content
        in cocoa beans , that must be be exceeded in the finished product .
        In this way the acceptable daily intake , which is 30 mg/kg body
        weight , will not be exoeeded . On the contrary , it will not have been
        reached by a long way.
        At the same time , the opportunity should be taken to review the
        wording on lecithins , as their criteria of purity have lately been
        defined in Council Directive 78/664/EEO of 25 July 1978 *•
2.2 .   As regards the other substances listed in Seotion 1 above , the Com­
        mission did not , in the course of its consultations , receive any pertinent
        information enabling it to issue a favourable opinion on the technolo­
        gical usefulness of these substanoes . Accordingly, the Commission is
        not in a position to propose to the Council that these substanoes be
        included in Annex I to Direotive 73/241/EEC .
  This proposal for a Direotive must be submitted for an opinion to the
  European Parliament and the Economic and Social Committee . Such consultation
  is mandatory under the second paragraph of Artiole 100 of the Treaty.
 OJ L 223 of 14 August 1978 , p. 30             ' . _
 ---pagebreak---                   Proposal for a Council Directive amending
                   for the seventh time Directive 73/24l/EEC
                   on the approximation of the laws of the Member
                  S tates relating to ooooa and ohocolate pro­
                  ducts intended for human consumption
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing - the European Econdmio Community,
and in particular Artiole 100 thereof ,
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, under paragraph 2 ( bXiii ) of Annex II to Council
                       1-    .        •. . •. ..    ..             2
Directive 73/241 /EE:C / as Last amended by Directive 78/ 842 / EEC > the
Member States can maintain until 20 '.June 1979 , any national provisions
authorizing the use in cocoa and chocolate products of the emulsifiers
listed in paragraph 2 ( aXiii)' of Annex II ;
Whereas , "before the date indicated above , the Council may decide that
these substances are to be transferred to Annex I of Directive 73/24l/EEC
and thus authorized for general use throughout the Community ;
Whereas this option should.be exercised in respect of ammonium phosphatides
(ammonium salts of phosphatidio aoids );         whereas the use of these
substances offers technological advantages owing to the fact that they
do not alter the organoleptic properties of the cocoa and chocolate
products to which they are added ;                                        ,
   0J L 228 of 16.8.1973 , p. 23
2 QJ L 291 of 17.10.1978, p /15
 ---pagebreak---                                        - 4 -
Whereas authorization of the use of ammonium phosphatides does not pose ar$r
danger to public health , since, in application of the rule Laid down in
Annex I (6) with regard to lecithins , such authorization is accompanied by
the imposition of an overall phosphatide level "which takes into account- the
natural phosphatide content in cocoa beans and which must not be exceeded in ~
the finished product ;
                                              „ * .              ' '            '•«'
Whereas the specific criteria of purity for lecithins have been defined in
Council Directive 78/ 664/ EEC of 25 July 1978 laying down specific criteria of
purity for antioxidants which may be used in foodstuffs intended for human
consumption ( 3 ),
HAS ADOPTED THIS DIRECTIVE :
                                  Arti ele 1
Direotive 73/241/EEG is amended as follows :
    The first and second paragraphs of Annex 1(6) shall be replaced by the following
     To the products listed in .Annex 1 ( 1 ), with the exoeption of coooa nib , ;
     the following may be added , on their own or blended »
     a) lecithins /~E 3227
    b ) ammonium phosphatides F.E 442/
     The description of the product shall be accompanied by an indication of
     any such addition, save where the substances in question are added to the
     various sorts of chocolate referred to in points 1.16 to 1.28 -•
                                                                              •      <
2 . Paragraph 2(a)(111 ) and CbXiii ) of Annex II r shal I. by' deleted .
                             . Article     2
Member Stages shall "take "fch.9 measures necessary in order to comply with this
Direotive within eighteen months of its notification . 'They shall " - i
forQwith inform the Commission thereof .
                                Artide 3                                           ;
This Direotive is addressed to the Member States .                                 ;
                                      ■ . Done at
                                          For the Council ■                       j
                                          The President ,                        j
U)0J L 223 of 14 August 1978, P* 30                                          ; _j