CELEX: 51977PC0304
Language: en
Date: 1977-07-04
Title: Proposal for a COUNCIL DIRECTIVE amending for the first time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners ang gelling agents for use in foodstuffs (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 304
Vol. 1977/0102
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(77)304 final
                                       Brussels - 4 July 1977
                          Proposal for a
                         COUNCIL DIRECTIVE
          amending for the first time Directive 74 / 329/ EEC «
         on the approximation of the laws of the Member
          States relating to emulsifiers , stabilizers ,
         thickeners ang gelling agents for use in foodstuffs
          ( submitted to the Council by the Commission )
   C0MC77 ) 304 final
 ---pagebreak---                                  Explanatory note
The Council Directive ( 74 / 329/ EEC ) of 18 June 1974 on the approximation of
the laws of the Member States relating to emulsifiers , stabilizers ,
thickeners and gelling agents for use in foodstuffs ( 1 ), lays down a
 single list of such substances which may be authorized by the Member
States for the treatment of foodstuffs .
The Commission has elaborated criteria of purity for these substances and
it has become evident that some substances , nominally permitted by the
Directive are no longer commercially available . It has also become
apparent that there are certain uncertainties in the text of the Annex 1
to the Directive .   In most cases these unoertaint i® which are rectified
by the present proposal relate to the non-equivalence of the texts in the
various languages of the Community .
In the specific case of the substance known as a mixed tartaric/ acetic
ester of mono- and di-glycerides of fatty acids which it could be
expected should be under E 472 , lack of clarity in the texts has led to
differing applications of the Directive in the Member States .
The Commission has asked the advice of the Scientific Committee for Food
which has stated that there is no objection to the inclusion of this
product under E 472 with other similar products for which technological
need has been shown . The purpose of the relevant part of the present
proposal is to clearly show that this product is permitted by listing it
as E 472 ( f >. The Commission has also taken the opportunity of studying
the necessity of listing separately amidated and non-amidated pectins
(E 440 ).   The Scientific Committee for Food has advised that there is a
toxicological reason for separating these two items .
It is clear that amidated pectin is chemically different to the non
amidated form and the Commission therefore proposes a separate subsection
of number E 440 .
                                                                           ./.
( 1 ) OJ N° L 189, 12/ 7/ 74, p. 1
 ---pagebreak---  Th# Commission has been informed that the producers of the substance known
 as furcelleran E 408 now market a product which is covered by the specifi­
 cation for carrageenan (E 407). The purity criteria for carrageenan to be
 submitted by the Commission to the Council have been examined by the
Scientific Committee for Food which saw no reason to suspect the materials
covered by the purity criteria developed by the Commission , providing
attention was paid to the levels of low molecular weight carrageenan .
Under the section for polyphosphates (E 450) all the products known to be
commercially available have been listed, and the numbering         of the annex
has been modified accordingly .
Tamarind seed flour (E 411 ), and stearoyl- 2- lacty li c acid (E 480 ) have been
deleted as they are no longer commercially available as such . The Commission has
been informed that ethy Icel lulose (E 462 ) has no technical use in food as an emul­
sifier , stabiliser, thickener or gelling agent . This does not prejudice its use
under a different category . -
The substances sold under the designations carrageenan (E 407/ E 408 ) and
Pectin (E 440 ) are " standardised" in practice with sugar . This standardi­
sation is necessary to allow a product of constant gelling power to be
 supplied to the user . The quantity to be added depends on the power of
the substance - which may vary according to source, both substances being
naturally derived . The texts of Articles 6 and 8 have been modified to
allow for this procedure providing the products , when marketed, are
 labelled with the information .
At the same time the Commission has modified the Annex to make it clear
that in the applying the provisions of Article 8.1 ( b ) together with those
of Annex 1 1t is not the intention that every synonym has to be listed on
a particular package .
 ---pagebreak---  Proposal for a Council Directive amending for the first time Directive
 74/ 329/ EEC on the approximation of the laws of the Member States relating
 to emulsifiers, stabilizers, thickeners and gelling agents for use in
 foodstuffs
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the. European Economic Community , and
 in particular Article 100 thereof ,
 Having regard to the proposal from the Commission ,
 Having regard to the opinion of the European Parliament ( 1 ),
 Having regard to the opinion of the Economic and Social Committee ( 2 ),
 Whereas Annex 1 of Council Directive 74/ 329/ EEC of 18 June 1974 ( 3 ) lays
 down a. single list of emulsifiers , stabilizers , thickeners and gelling
 agents for use in foodstuffs which may be authorized in the Member States ;
Whereas it appears that the presentation of certain provisions of Annex 1
of the said Directive may give rise to conflicting interpretations and that
 these provisions should therefore be worded more accurately ;
Whereas , in particular, having regard to the most recent scientific
 information on the safety of the mixed acetic-tartaric ester of mono- and
diglycerides of food fatty acids , its authorization can be confirmed by
 including it expressly as E 472 < f ) ;
Whereas the reference to polyphosphates (E 450) in the aforementioned
Annex 1 needs more precise wording to take account of commercial practice ;
Whereas the purity criteria for carrageenenan (E 407 ) are also applicable to
the substance furcelleran (E 408 ) and whereas therefore indent E 408 is not
now necessary ;
Whereas tamarind seed flour (E 411 ) and stearoyl- 2- lactylic acid (E 480)
are no longer commercially available for use in foodstuffs ;
Whereas ethyl cellulose (E 462 ) has no technical function as an emulsifier ,
stabitiser , thickener or gelling agent , and can therefore be deleted from
Directive 74/ 329/ EEC ;
Whereas the declaration of the percentage sugar used for standardisation of
carrageenan (E 407) and pectin (E 440) is not practical and whereasthe sugars
used defined in Council Directive 73/ 437/ EEC of December 1973 on certain
sugars intended for human consumption ; -*•.        "       •- -
Whereas to take account of .the above-mentioned it is more convenient to
re-draft Annex 1 entirely ,                                                .
 ( 1 ) 0J
 ( 2 ) 0J' •       ' . -                 ' ;
 C3 ) 0J N° L 189, 12/ 7/ 1974, p. 1
 ( 4) 0J N° L 356, 27/ 12/ 73, d . 71 f               ■ ; ; (
 ---pagebreak---   HAS ADOPTED THIS DIRECTIVE    :
                                      Article 1
 Article 6 of Directive 74 / 329 / EEC is amended to read as follows :
 " 3 . Member States shall also provide that the substances listed in Annex I
         under the numbers E 407 and E 440   may for the purposes of standardiza­
         tion contain one or more sugars as defined in Directive 73/ 437/ EEC ."
                                      Article 2
 Article 8 is     amended  as follows :
 - paragraph 1 ( b ) is replaced by the following :
"( b ) the number and name of the substance as given in Annex I , qualified in
        the case of substances to which sugars have been added for standardi­
        sation in accordance with -Article 6.3 by adding to the name the
        statement standardised with sugar".
 - paragraph 1 ( d ) is replaced by the following :
 "( d ) in the case of substances listed in Annex I whether or not standardised
        with sugars in accordance with article . 6 . 3 / when mixed with each other ,
        with other additives and where relevant with substances in which such
       other additives can be dissolved or diluted :
       - the number or the name of the substance as given in Annex 1 , qualified
          as necessary in accordance with paragraph 1 ( b ) ;
       .- the name of each other additive and where relevant the substances in
          which such additives can be dissolved or diluted ;
       - the percentage of each component where this requirement is laid down in
          provisions relating to other categories of additives ;
 ~ the following sentence is added to the first subparagraph of paragraph 2 :
       " In the case of substances to which sugars have been added in accordance
       with Article 6.3 / this percentage incorporates the sugar used for stan­
       dardisation".
                                     Article 3
 Annex 1 of Directive 74/ 329/ EEC is replaced by the Annex to the present
 Directive .
 ---pagebreak---                                    - 3 -
                                Article A
Member States shall make any amendments to their laws necessary to comply
with the Directive within one year of its notification and shall forthwith
inform the Commission thereof . The laws thus amended shall be brought into
force not later than two years after such notification .
                                Article 5
This Directive is addressed to the Member States .
Done at Brussels,                            For the Council ,
                                             The President ,
 ---pagebreak---                                                ' ANNEX I
Emulsifiers , stabilizers , thickeners and gelling agents which may be used in
foodstuffs
 EEC N°                                      Designation                  Conditions of
                                                                             use
 E 322          Lecithins
 E 339          Sodium orthophosphates , or sodium salts of
                orthophosphoric acid
 E 340          Potassium orthophosphates , or potassium salts                       «
                of orthophosphoric acid
 E 341          Calcium orthophosphates or calcium salts of
                orthophosphoric acid
             ι
 E  4 00        Alginic acid
 E 40 1
             ι
                Sodium alginate
             ι                                                          ;
 E 402
             ;
                Potassium alginate                                    · ι
             ;                                                          i
 E 403          Ammonium alginate                                       I
 E 404          Calcium alginate
 E 405
                air^fr?atee,e 9 yco '" a '-9 inate or propane-1,2-dicl
 E 406          Agar
 E 407          Carrageenan or carrageen
 E 410          Locust bean gum or carob gum
 E 412          Guar gum or guar flour
 E 413          Tragacanth
 E 414          Acacia or gum arable
 E 420          Sorbitol
 E 421          Manmtol
 E 422          Glycerol
 E 440 ( a )    Pectin
 E 440 ( b )    Amidated Pectin
 E 450 ( a )    (.-»} diSodium dihydrogen diphosphate
    r          *~(ii ) triSodium diphosphate
   i
   i
                ( lii ) tetraSodium diphosphate
                ( iv ) tetraPotassium diphosphate
 E 450 ( b )    ( i ) pentaSodium triphosphate
                ( ii ) pentaPotassium triphosphate
 E 450 ( c >    ( i ) sodium polyphosphate s
                ( ii ) potassium polyphosphate s
                ( note ' polyphosphates E 450(c ) must not contain
               more 'than 8 X of cyclic compounds )
                                                                                        /
 ---pagebreak---                                      - 2 -
 EEC N°                           Designation                Conditions of use
 E 460     Microcrystalline cellulose                      l
                                                           I
 E 461    Methylcellulose                                  I
 E 463     Hydroxypropylcellulose                         !
 E 464     Hydroxypropy Imethylcel lulose
 E 465     Ethylmethylcellulose , or methylethylcellulose
 E 466     Carboxymethylcellulose , or sodium
           carboxymethy I cellulose
           ( note : partial sodium salt of carboxymethyl
           eel lulose )
 E 470     Sodium ,, potassium and calcium salts of fatty        Exclusively in
        i
           acids ( note : these salts being obtained             the manufacture
          either from edible fats or oils , or                   of " Dutch " type
          distilled food fatty acids )                           rusks up to a
                                                                 level singly
                                                                 or in combina­
                                                                 tion of not more
                                                                 than 1.5 % of
                                                                 flour used
E 471     Mono-and diglycerides of fatty acids
           ( note : fatty acids are derived from food
          fats )
E 472a    Acetic acid ester of mono- and diglycerides
          of fatty acids
E 472b    Lactic acid ester of mono- and diglycerides
          of fatty acids
E 472c    Citric acid ester of mono- and diglycerides
          of fatty acids
E 472d    Tartaric acid ester of mono- and diglycerides
          of fatty acids
E 472c    Mono- and di acety Itartaric acid ester of
          mono- and diglycerides of fatty acids
E 472f    Mixed acetic / tartaric acid ester of mono-
          and diglycerides of fatty acids
E 473     Sucrose esters of fatty acids ( note : esters          These substances
          of sucrose and food fatty acids )                     may not be used
E 474                                                           in bread unless
          Sucroglycerides
                                                                permitted under
                                                                national law
                                                                                   *
 ---pagebreak---                                       - 3 -
    EEC N°                    Designation          Conditions of use
    E 475  Polyglycerol esters of fatty acids
    E 477  Mono- and di-esters of propylene
           glycol with fatty acids or propane-
           1,2-diol esters of fatty acids
           ( note : only - 1,2- isomer is intended
           mono- and di-esters may be used singly
           or in combination with food fatty
           acids )
    E 481  Sodium stearoyl- 2- lactylate           These substances may
                                                   not be used in bread
    E 482  Calcium stearoyl- 2- lactylate          unless permitted
    E 483  Stearyl tartrate                        under national law  *
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