CELEX: 51980PC0416
Language: en
Date: 1980-07-18
Title: Proposal for a COUNCIL DIRECTIVE amending for the fifteenth time Directive 64/54/EEC on the approximation of the laws of the Member States concerning the preservatives for use in foodstuffs intended for human consumption (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 416
Vol. 1980/0148
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80)416 final
                                                       Brussels , 18 July 1980
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                             Proposal for a
                            COUNCIL DIRECTIVE
  amending for the fifteenth time Directive 64 / 54 / EEC on the
  approximation of the laws of the Member States concerning
  the preservatives for use in foodstuffs intended for human
                               consumption
             ( submitted to the Council by the Commission )
  C0M ( 80 ) 416 final
 ---pagebreak---                              EXPLANATORY NOTE
1 , Liquid smoke solutions
    The Directive on Preservatives1 for use in foodstuffs authorizes
    Member States to use so called " liquid smoke solutions " in food until
                     2
    31 December I960 • These materials are manufactured "by various
    technological procedures , "but are principally aqueous solutions of
    smoke constituents isolated from " smoke" and sometimes adsorbed onto a
    solid support . Opinions vary as to whether these materials exert any
    demonstrable preservative effect in foodstuffs although it already
    appears clear that users of these materials are primarily interested
    in their flavouring potential .   The Commission , in association with
    experts of the Council of Europe 's Committee on flavourings , has
    undertaken the necessary investigation to more clearly define their
    technological function ( i.e. to confirm whether in fact their principle
    function is as a flavouring agent and that the preservative effect
    is of secondary importance ), and on their safety in use .
    It is already evident that due to the complexity of the investigations
    it will not be possible to make a definitive proposal before the expiry
    date ( i.e. 31 December 1980 ) of the present temporary provisions in
    the Directive .  For this reason the Commission proposes to modify
    Article 3 of the Directive on Preservatives in such a way as to maintain
    for a further period the existing provisions in the Directive which
    enable Member States to authorize the use of liquid smoke solutions on
    their territories .   The Commission believes that a further proposal
    could be formulated if necessary on the basis of the investigations
    within eighteen months to two years and Article 2 of the proposal
    requires that the temporary authorization be reviewed within three years .
    It is anticipated that the extra period provided will be necessary if
    the European Parliament , Economic and Social Committee and Scientific
    Committee for Food are to be consulted early enough to allow a
    comprehensive discussion of the problems in these bodies .
2 « Smoking
                               1
    The authorization in the Member States of "traditional     smoking has been
    a matter left to the competent national authorites since the adoption
■^OJ No 12 , 27.1.1964 , p. 161/64
20J No L 44. 15.2.1978 , p. 23
 ---pagebreak---                                       - 2 -
     of "the Directive In 1962 . Recently it has been suggested that the
     Commission should also study this process , "both from the point of view
     of its safety–in-use and its technological efficacity aB a preservation
     or flavouring process .  The proposal requires that this question also
    be studied during thej same period of three years .
3 . The Directive on Preservatives for use in foodstuffs also permits
    Member States to maintain provisions of their national laws relating
    to the use of formaldehyde in Grana Padano cheese provided that when
    the final product is marketed the level of formaldehyde , free and/or
    combined shall not exceed 0.3 mg/kg . The Commission is aware that as
    a number of further scientific investigations is under way and therefore
    believes it to be premature to propose an amendment to the Directive
    at this point in time .
    Under these circumstances under the terms of the Directive the derogation
    remains in force .
 ---pagebreak--- Proposal for a Council Directive amending for the fifteenth time Directive
64/54/EEC on the approximation of the laws of the Member States concerning
the preservatives authorized for use in foodstuffs intended for human
consumpt ion
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economio Community ,
and in particular Article 100 thereof ,
Having regard to the proposal from the Commission'",
                                                            2
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
                                                     L
Whereas Article 3 of Council Directive 64 / 54 / EEC , as last amended by
Directive 79/ 40/ EEC"' , requires that Member States shall authorize the
smoking of certain foodstufifs only in smoke produced from wood or woody
plants in the natural state and that such smoking should not create any
risk to human health ;
Whereas Article 5 of Directive 64 / 54 / EEC , as amended for the thirteenth
time by Directive 78/ 145 / EEC ^, permits Member States to authorize until
31 December 1980 the use of liquid smoke solutions ;
Whereas liquid smoke solutions are used primarily for their flavouring
properties ;   whereas they may have a subsidiary preservative property ;
 1              . .
 2
 3
 40J No 12 , 27.1.1964 , p. 161/64
 50J No L 13 , 19.1.1979 . P. 50
 60J No L 44 , 15.2.1978 , p. 23
 ---pagebreak---  Whereas investigations are taking place in several Member States on the
 toxioological acceptability and on the precise technological function of
 liquid smoke solutions } and whereas similar investigations are "being carried
 out on the practice of smoking of foodstuff s ; whereas the situation must
he reviewed in the light of these investigations ;
Whereas it is therefore not yet possible to take final decisions as to
whether or not the use of liquid smoke solutions should "be authorized
within the Community nor as to the manner in which this authorization
should be brought about ; and whereas the practice of smoking of foodstuffs
should be re-examined at Community level ;
Whereas Directive 78 / 145 / EEC also permits Member States to
maintain the provisions of their national laws relating to the use of
formaldehyde in Grana Padano cheese subject to a
Commission ;
Whereas this provision      should be maintained for a further period of
three years ;
HAS ADOPTED THIS DIRECTIVE :
                                Article 1
Directive 64/54/EEC is hereby amended as follows :
1 . Article 3 is replaced by the following :
    "Member States may authorize the smoking of certain foodstuffs only
     in smoke , or liquid solutions of smoke , produced from wood or woody
     plants in the natural state , excluding wood or plants which have been
     impregnated , coloured , gummed or painted or treated in a similar
     manner and provided that such smoking does not create any risk to
     human health ."*
2.   In Article 5 , paragraphs 2 and 3(b ) are deleted and paragraph 3(a ) is
     renumbered as the new paragraph 2 .
                                Article 2
Within three years following notification of this Direotive the Commission
shall re-examine the provisions of Article 1 .and shall propose any neoessary
amendments to the Council *
 ---pagebreak---                                  Article 3
Member States shall "bring into force the laws regulations and swim i nist rat ive
provisions necessary to comply with this Directive not later than
31 Deoember 1980 and shall forthwith inform the Commission thereof .
                                 Article 4
This Directive is addressed to the Member StateB *
                         I
Done at Brussels ,                                   For the Council
                                                     The President