CELEX: 51991PC0444
Language: en
Date: 1991-12-10
Title: Proposal for a COUNCIL DIRECTIVE on colours for use in foodstuffs

COMMISSION OF THE EtJROPEAN CŒMDNITIES
                                  C0M(91)  444 final - SYN 368
                                   Brussels,10 December 1991
                   Proposal for a
                 COUNCIL DIRECTIVE
         on colours for use in foodstuffs
           (presented by the Commission)
 ---pagebreak---                                      - 2-
                            EXPLANATORY MEMMANPUM
Directive 89/107/EEC of 21 December 1988 states in Article 3(1) and (2):
  "1. Particular provisions In respect of the additives in the categories
      given in Annex I shall be laid down in a comprehensive Directive,
      including existing specific Directives. That Directive may, however,
      be drawn up in stages.
   2. The Council shall, acting on a proposal from the Commission under the
      procedure laid down in Article 100a of the Treaty, adopt:
      (a) a list of additives the use of which         is authorized to  the
          exclusion of all others;
      (b) the list of foodstuffs to which these additives may be added, the
          conditions under which they may be added and, where appropriate, a
           limit on the technological purpose of their use;
      (c) the rules on additives used as carrier substances and solvents,
           including where necessary their purity criteria."
As a first stage in the establishment of the comprehensive Directive
mentioned above, a proposal for a Council Directive on sweeteners for use
 in foodstuffs has already been made. The present proposal is dealing with
colours.
The Scientific Committee for Food has been consulted on those substances
awaiting Community provision. Their opinions are published in the series
of Reports of the Scientific Committee for Food.
Specifications of identity and purity for those food additives, which as
yet lack them, will be drawn up according to the procedure laid down in
Article 11 of Directive 89/107/EEC.
 ---pagebreak---                                     - 3 -
                                Proposal for a
                              COUNCIL DIRECTIVE
                     on colours for use in foodstuffs
THE COUNCIL OF THE EUROPEAN COMMUNITIES»
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 100a thereof,
Having regard to the proposal from the Commission^),
In cooperation with the European Par I lament(2*,
Having regard to the opinion of the Economic and Social Committee*3*,
Having regard to Council Directive 89/107/EEC of 21 December 1988, on the
approximation of the laws of the Member States concerning food additives
authorized for use in foodstuffs intended for human consumption (4) , and
in particular Article 3(2) thereof,
Whereas differences between national laws relating to the conditions of use
of colours in food hinder the free movement of foodstuffs; whereas this may
create conditions of unfair competition;
Whereas the prime consideration for any rules on these food additives and
their conditions of use should be the need to protect the consumer and to
prevent him from being misled;
Whereas a food additive may only be used when there is evidence that the
use of this additive has an advantage for the consumer;
Whereas colours are used to restore original appearance of food whose
colour   has  been   affected    by   processing, storage, packaging    and
distribution, whereby visual acceptability may have been impaired;
Whereas colours are used to make food more visually appealing and help
identify flavours normally associated with particular foods and to give
colour to food otherwise colourless;
Whereas colours are used to reinforce colours already present in food;
Whereas it is generally recognized that unprocessed foodstuffs and certain
other basic foodstuffs should be free from food additives;
Whereas, having regard to the most recent scientific and toxicological
information on additives, some of these are to ba permitted on!y for
certain foodstuffs and under certain conditions of use;
(1)
(2)
(3)
(4) OJ No L 40, 11.2.1989, p. 27
 ---pagebreak---                                    - 4 -
Whereas it is necessary to lay down strict rules for the use of additives
in food for infants and young children-,
Whereas the Commission should adapt certain Community provisions to accord
with the rules laid down in this Directive;
Whereas the Scientific Committee for Food has been consulted for those
substances not yet being the subject of a Community provision;
Whereas it is desirable that when a decision is taken on whether a
particular foodstuff belongs to a certain category of foods, the
consultation of the Standing Committee for Food procedure be followed;
Whereas this Directive replaces partially the Council Directive of
23 October 1962 on the approximation of the rules of the Member States
concerning the colouring matters authorized for use in foodstuffs intended
for human consumption, as last amended by the Act of Accession of Spain and
Portugal*5*;
Whereas the modification of existing purity criteria on colouring matters
and new specification for those where no purity criteria exist, will be
proposed in accordance with the procedure of Article 11 of Directive
89/107/EEC,
(S) OJ NO 115. 11.11.1962. p. 264S/62.
 ---pagebreak---                                      - 5 -
HAS ADOPTED THIS DIRECTIVE:
                                   Article 1
1.   This Directive is a specific Directive forming a part of the
     comprehensive Directive within the meaning of Article 3 of Directive
     89/107/EEC.
2.   Colours are substances which add or restore colour in a food, and
     include natural components of foodstuffs and natural sources, which
     are normally not consumed as foodstuffs as such and not normally used
     as characteristic ingredients of food.
3.   The following substances shall      not  be considered  colours  for  the
     purposes of this Directive:
       - foodstuffs, flavourings and their components, incorporated during
         the manufacturing of compound foodstuffs, because of their
         aromatic, sapid or nutritive properties together with a secondary
         colouring effect, such as paprika, turmeric and saffron.
       - colours used for the colouring of egg shells and for stamping meat
         and the inedible external parts of foodstuffs, such as cheese
         coatings and sausage casings.
                                   Article 2
1.   Only the substances    listed   in Annex   I may be used as colours in
     foodstuffs.
2.   Colours may be used only in the foodstuffs listed in Annexes III, IV
     and V and under the conditions specified therein.
3.   Colours may not be used in the foodstuffs listed in Annex II except
     where specifically provided for in Annex III, Annex IV or Annex V.
4.   Colours permitted for certain uses only are listed in Annex IV.
5.   Colours permitted in general in foodstuffs and the conditions of use
     therefor are listed in Annex V.
6.   Maximum levels indicated in the        Annexes  refer  to  foodstuffs  as
     marketed, unless otherwise stated.
 ---pagebreak---                                     - 6 -
                                  Article 3
Without prejudice to other Community \provis ions, the presence of a colour
in a foodstuff is permissible:
      in a compound foodstuff other than one mentioned in Annex II to the
     extent that the colour is permitted in one of the ingredients of the
     compound foodstuff;
or
      if the foodstuff is destined to be used solely in the preparation of a
      compound foodstuff and to such an extent that the compound foodstuff
     conforms to the provisions of this Directive.
                                  Article 4
 It may be decided by the procedure laid down in Article 6, whether a
particular foodstuff belongs to a category of foods mentioned in
Article 2(2), (3), (4) and (5), and whether substances are colours in the
meaning of Article 1.
                                  Article $
Any provision necessary to adapt existing Community provisions to the rules
 laid down in this Directive shall be adopted within 6 months of
notification, in accordance with the procedure laid down in Article 6.
                                  Article 6
Where the procedure laid down in this Article is to be followed, the
Chairman shall refer the matter to the Standing Committee for Foodstuffs,
hereinafter refered to as "the Committee", either on his own initiative or
at the request of the representative of a Member State.
The representative of the Commission shall submit to the Committee a draft
of the measures to be taken. The Committee shall deliver its opinion on
the draft, within a time limit which the chairman may lay down according to
the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member
State shall have the right to ask to have its position recorded in the
minutes.
The Commission shall take the utmost account of the opinion delivered by
the Committee. It shall inform the Committee of the manner in which its
opinion has been taken into account.
 ---pagebreak---                                    - 7 -
                                 Article 7.
In accordance with the General Criteria of point 4 of Annex 11 to Direct ive
89/107/EEC, within 5 years from the adoption of this Directive, the
Commission shall review the conditions of use mentioned in this Directive,
and propose modifications where necessary.
                                 Article 8
Articles 1 to 7, Article 8(1), second indent and (2), and Articles 9 to 15
of the Directive of 23 October 1962 are hereby repealed.
References to the repealed provisions shall be construed as references to
the corresponding provisions of this Directive.
                                 Article 9
Member   States shall bring     into force the      laws, regulations and
administrative provisions necessary to comply with this Directive not later
than 1 November 1992 in order to:
       - allow trade in and use of products conforming to this Directive
         not later than 1 November 1993,
       - prohibit trade in and use of products not       conforming to this
         Directive not later than 1 November 1994.
They shall at once inform the Commission thereof.
When Member States adopt these measures, these shall contain a reference to
this Directive or shall be accompanied by such reference on the occasion of
their official publication. The procedure for such reference shall be laid
down by Member States.
                                 Article 1Q
This Directive is addressed to the Member States.
Done at Brussels,                             For the CounclI
                                              The President
 ---pagebreak---                                                - 8-
                                              ANNEX I
                              LIST OF PERMITTED FOOD COLOURS
Note : Aluminium lakes prepared            from colours    mentioned  In this  annex   are
        authorised.
                                                                  COLOUR INDEX
    EEC N'                 COMMON NAME                            NUMBER (1)
                                                                  OR DESCRIPTION
    E 100       Curcum In                                              75300
    E 101         I)     Riboflavin
                II)        Rlboflavln-5'-phosphate
    E 102       Tartrazlne                                              19140
    E 104       Qui not I ne Yellow                                    47005
    E 110       Sunset Yellow FCFt                                      15985
                Orange Yellow S
    E 120       Cochineal,     Carmlnlc     acid                        75470
                Carmines
    E 122       Azorublne,      Carmolslne                              14720
    E 123       Amaranth                                                16185
    E 124       Ponceau 4R, Cochineal         Red A                     16255
    E 127       Erythros/ne                                             45430
    E 128       Red 2G                                                  18050
    E 129       Allura    Red AC                                        16035
    E 131       Patent    Blue V                                        42051
    E 132       IndIgotlne,      Indigo   Carmine                       73015
    E 133       Brill/ant     Blue FCF                                  42090
(1)  Colour Index numbers are taken from the 3rd edition                 1982, volumes     1-7,
     1315.     Also amendments 37-40 (125),           41-44 (127-50),    45-48 (130),    49-52
     (132-50),      53-56    (135).
 ---pagebreak---                                                - 9 -
                                                                    COLOUR INDEX
    EEC N'                  COMMON NAME                             NUMBER (1)
                                                                    OR DESCRIPTION
    E 140       ChlorophylIs      and                                     75810
                ChlorophylI Ins                                           75815
                   I)     chlorophylIs
                II)    chlorophylI Ins
    E 141       Copper complexes of                                       75815
                chlorophylIs      and
                chlorophylI Ins
                   I)  copper complexes of
                       chlorophylIs
                 II)   copper complexes of
                       chlorophylI Ins
    E 142       Green S                                                   44090
    E 150a      Plain     caramel     (2)
    E 150b      Caustic     sulphite    caramel
    E 150c      Ammonia caramel
    E 150d      Sulphite      ammonia caramel
    E 151       Brilliant      Black BN,                                  28440
                Black PN
    E 153       Vegetable      Carbon
    E 154       Brown FK
    E 155       Brown HT                                                  20285
(1)  Colour Index numbers are taken from the 3rd edition                   1982, volumes 1-7,
     1315.     Also amendments 37-40 (125),            41-44 (127-50),     45-48 (130),     49-52
     (132-50),       53-56    (135).
(2)  The term caramel relates             to products    of a more or less intense        Drown
     colour which are Intended for colouring.                It does not correspond      to the
     sugary aromatic         product   obtained    from heating     sugar and which is used
     for flavouring        food (e.g.    confectionery,     pastry,   alcoholic     drinks).
 ---pagebreak---                                           - 10  -
                                                        COLOUR INDEX
   EEC N'              COMMON NAME                      NUMBER (1)
                                                        OR DESCRIPTION
   E 160a    Carotenes     :
             I)    Mixed carotenes                            75130
             II)     Beta-carotene                            40800
   E 160b    Annatto,    blxln,     norblxln                  75120
   E 160c    Paprika      extract,
             capsanthln,       capsorubln
   E 160d    Lycopene
   E 160e    Beta-apo-8'-carotenal        (C 30)              40820
   E 160f    Ethyl ester of        Beta-apo-8'-               40825
             carotenlc acid (C 30)
   E 161b    Lutein
   E 161g    Canthaxanthln
   E 162     Beetroot    Red, bet an in
   E 163     Anthocyanlns                         Prepared by physical means
                                                  from fruits  and vegetables
   E 170     Calcium     carbonate                            77220
   E 171     Titanium     dioxide                             77891
   E 172     Iron oxides and hydroxides                77491, 77492
                                                              77499
   E 173     Aluminium
   E 174     SI I ver
   E 175     Gold
   E 180     Litholrublne     BK
(1) Colour Index numbers are taken from the 3rd edition        1982, volumes 1-7,
    1315. Also amendments 37-40 (125), 41-44 (127-50),         45-48 (130), 49-52
    (132-50), 53-56 (135).
 ---pagebreak---                                               - // -
                                            ANNEX    II
          FOODSTUFFS WHICH MAY NOT CONTAIN ADDED COLOURS, EXCEPT WHERE
           SPECIFICALLY PROVIDED FOR IN ANNEX I I I , ANNEX IV OR ANNEX V
Unprocessed foodstuffs           (*)
Mineral water as mentioned In directive               80/777/EEC(1)
Milk, semi-skimmed and skimmed milk, pasteurized or sterilized                      (including
UHT sterf11 sat Ion)        (**)
Fermented       mllk(**)
Preserved milks as mentioned In the directive               76/118/EEC(*"')    (2)
Butter-mi     Ik(**)
Cream and cream powder(**)
Virgin oils and olive         oil
Egg yolk, egg white, whole egg and egg powder
Flour and starch
Bread
Pasta
Sugars as defined In directive             73/437/EEC(3)
Tomato paste and tomato preserves
Fruit Juice and fruit        nectar as mentioned in directive          75/726/EEC(4)
Fruit     preserves
Extra Jam, extra Jelly, and chestnut puree as mentioned in the                      directive
79/693/EEC(5)
Fish, meat and poultry
Cocoa and chocolate products as mentioned In directive                 73/241/EEC(6)
Coffee, including Instant            coffee
Tea, tea extracts and infusions,             Including instant tea mixes
Spices
Wine as defined by the regulation              87/822/EEC(7)
Foods for Infants and young children as mentioned In                  directive
89/398/EEC(8)
Honey
(*)    Within the meaning of this directive,             unprocessed foodstuffs       are
       foodstuffs     that have not undergone any treatment resulting              in a
       substantial     change In the original        state of the foodstuffs.         However,
       they may have been, for example, divided, parted, severed, boned,
       skinned, pared, peeled, ground, cut, cleaned, trimmed, frozen or
       chlI led.
(**)     unfIavoured
(1)   OJ  L229,30.8.80,     p.1                             (5)  OJ L205,13.8.79,      p.5
(2)   OJ  L24,30.1.76,     p.49                             (6)  OJ L63.5.3.74,      p.34
(3)   OJ  1356,27.12.73 p.71                                (7)  OJ 184,27.3.87,      p.1
(4)   OJ  L311,1.12.75,     p.40                            (8)  OJ L186.30.6.89,      p.27
 ---pagebreak---                                          - 12 -
                                        ANNEX III
     FOODSTUFFS TO WHICH ONLY CERTAIN PERMITTED COLOURS MAY BE ADDED
                FOODSTUFFS                  PERMITTED COLOUR        MAXIMUM LEVEL
Wholemeal,      brown or                  E 150a Plain caramel      quantum satis
malt bread                                E 150b Caustic
                                                  sulphite
                                                  caramel
                                          E 150c Ammonia
                                                  caramel
                                          E 150d     Sulphite
                                                  ammonia
                                                  caramel
Beer                                      E 150a Plain caramel      quantum satis
                                          E 150b Caustic
                                                  sulphite
                                                  caramel
                                          E 150c Ammonia
                                                  caramel
                                          E 150d     Sulphite
                                                  ammonia
                                                  caramel
Butter    (Including       reduced        E 160a Carotenes          quantum satis
fat butter      and concentrated          E 160b    Annatto,
butter)                                             B/xln,
                                                  Norblxln
Margarine,      ml narine,                E 100    Curcumln
other fat     emulsions,       and fats   E 160a Carotenes          quantum satis
essentially      free from water          E 160b Annatto,     B/xln
                                                  Norblxln
 ---pagebreak---                               - 13 -
             FOODSTUFFS          PERMITTED COLOUR        MAXIMUM LEVEL
Cheese                         E 131  Patent blue V
                               E 140  ChlorophylIs            q
                                      and chloro-             u
                                      phylltns                a
                               E 141 Copper                   n
                                      complexes of            t
                                      chlorophylIs            u
                                      and chloro-            m
                                      phyllins
                               E 153    Vegetable
                                      carbon
                               E 160a Carotenes
                               E 160b Annatto,                s
                                      Blxln,                  a
                                      Norblxln                t
                               E 171 Titanium                 I
                                      dioxide                 s
                               E 100   Curcumln
Refined vegetables   oils      E 160a Carotenes          quantum  satis
 except oIIve oil (for colour  E 160b Annatto,     Blxln
 restoration   only)                     Norblxln
Chorizo                        E 120  Cochineal,           200 mg/kg
                                      Carmlnlc     acid,
                                      Carmines
                               E 124  Ponceau 4R,
                                      Cochineal            250 mg/kg
                                      Red A
Sobrasada                      E 110  Sunset               135 mg/kg
                                      yellow FCF
                               E 124  Ponceau 4R
                                      Cochineal            200 mg/kg
                                      Red A
 ---pagebreak---                                   - 14 -
               FOODSTUFFS            PERMITTED COLOUR             MAXIMUM LEVEL
"Pasturmas"     (edible            E 100    Cur cum In
external    coating)               E 101    I)       Riboflavin
                                          II) Riboflavin          quantum   satis
                                                -5'-
                                                phosphate
                                   E 120       Cochineal,
                                            Carminic       acid,
                                            Carmines
Sausages (Including       eg       E 100    Curcumln                 20 mg/kg
salami,    cervelat,    hot dog),  E 110    Sunset yellow            50 mg/kg
pates, meat pies and               E 120    Cochineal,              100 mg/kg
luncheon meat, burger meat                  carminic        acid,
containing     minimum content                carmines
meat/fat    of 82% and a           E 124    Ponceau 4R               40 mg/kg
minimum of 6% of cereals           E 129    Allura    Red           150 mg/kg
                                   E 150a   Plain caramel         quantum   satis
                                   E 150b   Caustic               quantum   satis
                                            sulphite
                                            caramel
                                   E 150c   Ammonia               quantum   satis
                                            caramel
                                   E 150d   Sulphite              quantum   satis
                                            ammonia
                                            caramel
                                   E 160a   Carotenes                20 mg/kg
                                   E 160b   Annatto                  20 mg/kg
                                            Blxln,
                                            Norblxln
                                   E 160c   Paprika                   10 mg/kg
                                            extract ,
                                            Capsanthin,
                                            Capsorubin
                                   E 162    Beetroot     red,     quantum   satis
                                            betanin
 ---pagebreak---                                       - 15     -
                                     ANNEX IV
                   COLOURS PERMITTED FOR CERTAIN USES ONLY
       COLOUR                          FOODSTUFFS                  MAXIMUM LEVEL
E 127      Erythroslne      Cocktail     cherries      and           200 mg/kg
                               candled       cherries
                            Cherries     In syrup and
                               cherries     In      cocktails        150 mg/kg
E 128 Red 2G                Sausages and burgers with            a    20 mg/kg
                               starch content        of more
                               than 6 %
                            Decorations       and     coatings        50 mg/kg
                            Vegetable protein            flour       150 mg/kg
E 154  Brown FK             Smoked and cured           fish           20 mg/kg
E 161g    Canthaxanthln     Cooked     sausages                       30 mg/kg
E 173    Aluminium          External     coating     of sugar
                               confectionery       for     the     quantum  satis
                               decoration      of   cakes
                               and      pastries
E 174    Sliver             External     coating     of
                               confectionery           (chocolate  quantum  satis
                               excluded)
                            Liqueurs
E 175   Gold                External     coating     of
                               confectionery           (chocolate  quantum  satis
                               excluded)
                            Liqueurs
E 180  Lltholrublne    BK   Edible    Cheese      surface          quantum   satis
 ---pagebreak---                                  - 16 -
                                ANNEX y
               COLOURS PERMITTED IN FOODSTUFFS OTHER THAN
                  THOSE MENTIONED IN ANNEX II AND III
1. The following colours may be used in all foodstuffs other than those
   listed in Annex II, III at quantum satis :
   E 101    I) Riboflavin
           ii) Riboflavin-5'-phosphate
   E 140   Chlorophylls and chlorophylI ins
   E 141   Copper complexes of chlorophylls and chlorophyll ins
   E 150a  Plain caramel
   E 150b  Caustic sulphite caramel
   E 150c  Ammonia caramel
   E 150d  Sulphite ammonia caramel
   E 153   Vegetable carbon
   E 160a  Carotenes
   E 160c  Paprika extract, capsanthin, capsorubin
   E 162   Beetroot red, betanin
   E 163   Anthocyanins
   E 170   Calcium carbonate
   E 171   Titanium dioxide
   E 172   Iron oxides and hydroxides
 ---pagebreak---                                             - 17 -
2.  The following colours may be used singly or In combination in the
    following    foods up to the maximum level specified            in the   table.
    E 100     Curcum In
    E 102        Tartrazlne
    E 104     Qui noil ne Yellow
    E 110     Sunset Yellow FCF
              Orange Yellow S
    E 120     Cochineal,      Carminic     acid,  Carmines
    E 122     Azorublne,        Carmolslne
    E 123     Amaranth       (*)
    E 124     Ponceau 4R, Cochineal          Red A
    E 129     Allura    Red AC
    E 131     Patent    Blue V
    E 132     IndIgotIne,        Indigo   Carmine
    E 133     Brilliant     Blue FCF
    E 142     Green S
     E 151    Brilliant      Black BN, Black PN
     E 155    Brown HT
     E 160b   Annatto,     Blxln,       Norblxln
     E 160d    Lycopene
     E 160e   Beta-apo-8'-carotenal           (C 30)
    E 160f    Ethyl    ester     of Beta-apo-8'-     carotenic acid   (C 30)
    E 161b      Lutein
(*)  For E 123 Amaranth, the maximum level             should not exceed 30 mg/kg or
     30 mg/l as      appropriate.
 ---pagebreak---                                                             - 18 -
                                FOODSTUFFS                                                      MAXIMUM LEVEL
    Non-alcoholic           flavoured         drinks        (*)                                   100 mg/l
    Jams, Jellies,             marmelades         and other           similar
        fruit           preparations                                                              200 mg/kg
    Candled          fruits                                                                       200 mg/kg
    Preserves        of    red        fruits                                                      200 mg/kg
    Confectionery                                                                                 300 mg/kg
    Decorations          and coatings             (*)                                             500 mg/kg
    Breakfast           cereals                                                                   200 mg/kg
    Fine   bakery        wares      (e.g.      viennolserle,              biscuits,               200 mg/kg
        cakes and wafers)                  (*)
    Edible      ices       (*)                                                                    150 mg/kg
    Processed         cheese                                                                      200 mg/kg
    Desserts         (*)                                                                          150 mg/kg
    Vegetables         and fruits          in vinegar,          brine    or    oil                150 mg/kg
    Sauces,      Seasonings          and condiments               (*)                             500 mg/kg
    Mustard                                                                                       300 mg/kg
    Fish   and crustacean               pastes,       fish    roe,     salmon                     500 mg/kg
        substitute,            sur Iml,      smoked or preserved                fish
    Ready-to-eat              savouries                                                           200 mg/kg
    Edible     cheese        rind    and edible          collagen        casings                quantum    satis
    Fruit     wines,       aromatized          wines     and spirits          (*)                 200 mg/l
    Cider     or     perry                                                                        100 mg/l
    Formulae       for     particular          nutritional         uses     (*)                    50 mg/kg
    Dietary         supplements                                                                 quantum    satis
    Soups and            brothsC")                                                                300mg/kg
    Canned mushy and processed                       legumes                                      200 mg/kg
    Vegetable        protein          flour                                                       100 mg/kg
(*)    Maximum levels             refer      to ready-for-consumptIon                foodstuffs    prepared
       according         to the manufacturer's                  instruct      Ions.
 ---pagebreak---                                                                      ISSN 0254-1475
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