CELEX: 51975PC0307
Language: en
Date: 1975-06-19
Title: Proposal for a COUNCIL DIRECTIVE fixing the maximum level of erucic acid in fats and oil and margarine for food.#Proposal for a REGULATION (EEC) OF THE COUNCIL amending Regulation (EEC) No 657/75 on the standard quality for colza and rape seed (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 307
Vol. 1975/0107
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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 ---pagebreak--- COMMISSION OF THE EUSOPEAN COMMUMTIES
                                                          COM(75)307 final.
                                                          Brussels , 19 June 1975
                                                          \                 . >
                                                  v • ■».   * ** * ••» #*#%
                                Proposal for a
                               COUNCIL DIRECTIVE
              fixing the maximum level of erucic acid in fats
              and oil and margarine for food .
                                Proposal for a
                        REGULATION ( EEC ) OP THE COUNCIL
                    /
              amending Regulation ( EEC ) Ho 657/75 on the standard
              quality for colza and rape seed
                  ( submitted to the Council by the Commission )
                                                                                /
   COM(75 ) 307 final .
 ---pagebreak---                             iJxplanatory note
There have been several reports m both the popular and scientific press referring
to the possible harmful effects of the consumption of rapeseed oil . The
Commission therefore asked the Scientific Committee for Food to specify the
                                                                            »
state of our knowledge concerning the effects that might result from the
consumption of rapeseed oil .
The Committee recommended that when rapeseed oils were used for human consumption
preference should' be given to" the varieties with low levels of long chain fatty
acids(C 22 or higher ). The Committee also recommended that as the effects
reported for rapeseed may not be unique to these oils , further research on long
chain fatty acids and on oils and fats used in food was necessary .
The present proposal is intended to implement this advice in a practical way .
The scope of the Directive includes all fats and oils which might contain this
                                                                          4
acid . It is not intended that the measures will prevent the current practice of
blending fats and oils for consumption as such , or in the manufacture of compound
foods containing fats and oils as ingredient s or components ( e.g. margarine )
providing that the level of erucic acid in the fat or oil in the product to
be consumed does not exceed the level stipulated .
These measures have been proposed as a matter of prudence until the further
research , which has already been put into operation by the Commission , has been
completed . It is envisaged that the Scientific Committee for Food will be
requested to examine these and any other data which become available in the
meantime on other oils and fats which may contain similar long chain fatty
acids which may provoke the same kind of effect .
 ---pagebreak---                                       - 2 -
5 » For expediency this proposal is being considered in isolation from the
    discussion on legislation for fats and oils in general , and for margarine .   V
    However , the measures now proposed may be assimilated within the scope of the
    legislation on these materials .
6 « Consultation with the European Parliament is required .
    Consultation with the Economic and Social Committee is desirable in view
    of the nature of the proposal which relates to food law .
 ---pagebreak--- Proposal for a Council Directive fixing the maximum level of erucic acid in
fats and. oils and margarine for food .
THE COUNCIL OP THE EUROPEAN CO.*. -UNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular article 43 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 5
Whereas the ingestion of high levels of rapeseed oil has been shown to produce
undesirable effects on experimental animals 5 but the applicability of these
undesirable effects to man has not been completely demonstrated ;
Whereas these effects appear to be principally due to erucic acid , one of the
components of this oil ;
Whereas other edible fats and oils contain erucic acid ;
Whereas further research is at present in progress , on rapeseed oil and other
oils and fats , but as a matter of prudence , until these results are known , the
ingestion of erucic acid should be restricted ;
Whereas this restriction can be achieved by progressively reducing the level
permitted in oils and fats and in margarine for direct consumption or used as
ingredients in , or components of , more complex foods ;
Whereas the fixing of methods of sampling and analysis necessary for determining
the level of erucic acid in the product considered are implementing measures of a
technical nature 5 whereas their adoption should be entrusted to the Commission
in order to simplify and expedite the procedure }
Whereas in all cases in which the Council confers on the Commission authority to
implement rules relating to foodstuffs , a procedure should be laid, down establishing
close cooperation between the Member States and the Commission within the Standing
Committee on Foodstuffs set up by the Council Decision of 13 November 19^9 ( 1 ) • ;
Whereas , having regard to the results of certain further research at present in
progress , the levels of erucic acid herein laid down shall bo subject to revision ;
( 1 ) O.J. N° L 291 of 19.11.69 , P. 9 .
 ---pagebreak--- HAS ADOPTSD TIIIS DIRECTIVE
        .......     .               i.rticjc 1
This directive applies to fats , oils and tiioir mixtures and to margarine which
a) as finished products are intended, to be ccnrjirod directly by m^n ;
b ) without "being submitted previously to other preparations or transformations ,
    are used as such in the fabrication of compound foods ,
                                    Article 2
The level of erucic , acid of the products referred to in Article 1 , calculated on
the total level of fatty acids in the fat component , shall be not greater tl-an
a ) 15 /o during the period from 1 July 1976 until 30 June 1977 *
b ) 10 $ from 1 July 1977 .
                                    Article 3
The sampling procedures and methods of analysis for the determination of the level
of erucic acid of the products referred to in Article 1 shall be determined in         '
accordance with the procedure laid down in Article A.
                                    Article 4
                                                                     -         S
1 . Where the procedure laid down in this Article is to be followed , the matter shal
    be referred to the Standing Committee on Foodstuffs , set up by the Council
    Decision of 13 November 1969 ( hereinafter called " the Committee ") by its Chairmai
    either on his own initiative or at the request of a representative of a Member Si
2 . The representative of the Commission' shall submit to the Committee a draft of t!i
    measures to be taken . The Committee shall give its opinion on that draft within
    the time limit rjet by the Chairman having regard to the urgency of the ma iter .
    Opinions shall be adopted by a majority of forty-one votes the votes of the
    iiomber States being weighted as provided in Article 148 ( 2 ) of the Treaty . The
    Chairman shall not vote .
3 . ( a ) Where the measures envisaged are in accordance with the opinion of the
          Committee , the Commission shall adopt them .
    (b ) Where the measures envisaged are not in accordance with the opinion of the
          Committee , or if no opinion is delivered , the Commission shall without delay
          submit to the Council a proposal on the measures to be taken . The Council
          sha.ll act by a qualified majority .
    ( c ) If , within three months of the proposal being submitted to it , the Council
          has not acted , the proposed measures shall be adopted by the Commission .
 ---pagebreak---                                       - 3 -
                                  Article 5
1 . Member States shall if necessary , before ; 1 April , 1 975 * amend their laws
    to conform with the previsions of this Directive and shall immediately inform
    the Commission .
2 . The laws thus amended shall apply in accordance with the dates laid down in
    Article 2 .
    However , Member States may* permit «up - tc  Becrember " 1*976 "the" sale at retail
    stage of products which do not comply with the provisions of this Directive
    if it is established that these products had been manufactured before 1 July 1976 .
                                  Article 6
This Directive is addressed to the Ilember States .
                                           I
 ---pagebreak---                     EXPLÂNATORY NOTE
In accordance with the resolution adopted "by the Council on 11 February 1975 »
the Commission hereby presents to the Council the measures wfiioh it considers^
appropriate to resolve the problems to which the presence of erucjo acid
in colza seed gives rise .
 ---pagebreak---  COMMtXHTCATION" FRC&I THE CQHMISSIOU TO THE COUNCIL concerning the problemes presented      J
"by the presence of erucic acid in colza seeds .                                             !
                                                                                             !
1 .- When adopting the agricultural prices for the marketing year 1975/76 on 11 February
  J 1975 1 "the Council adopted the following Resolution :
    "The Council of Ministers of the Community notes the recommendations made "by the
     Scientific Committee for Food in its opinion on colza oil issued on 16.12.1974 *
      The Council considers that further research is necessary on long-chain fatty . acids
     and fat oils used in human foodstuffs#
     Pending the outcome of such research the Council nevertheless calls on the Com­          \
                                                                                             t
     mission . in a spirit of caution , to submit health proposals as soon as possible
     along the lines of the opinion of the Scientific Committee for Food to the effeot        i
     that , where colza oil is -used in food , preference should be given to colza oil        !
     having a low erucic acid,.content .                                                      |
     The Council also asks thi Commission to investigage the advir.sability of modifying      j
                                                                                              i
                                                                                              «
     the organization of the market .in oils and fats , so as to encourage colza producers    j
     to use varieiiss having a low erucic acid content , and to submit appropriate pro­
     posals "before 1 July 1975 *
2 .- In accordance with this Resolution , the Commission presents to the Council a
     proposal for a directive , the draft of which is attached to this Communication ,
     on the fiKing of a maximum erucic acid content for oils and fats , and also for
     margarine , intended for human consumption.
     This directive is scheduled to enter into force on 1 July 1976. The aim of the di­
     rective is to give practical effect to the Opinion of the Scientific Committee for
     Food . It applies to all oils and fats which may contain this aoid . The proposed
     measures are not intended to prohibit the common practice of blending oils and
     fats which are to be consumed in van unaltered state or which are to be used in the    I
     manufacture of more complex foodstuffs of which fats or oils are ingredients or
     components ( e.g. , margarine ), provided that the erucic acid content of the fat or
     oil contained in the product when ready for consumption does not exoeed the           \
                                                                                           I'
     prescribed limit . It is equally necessary to proceed gradually towards the limi-     i
     ting of the erucic acid content by fixing a maximum content beginning with the
     1976/77 marketing year , taking into aocount the necessity to protect the consumers'
     interest .
     dhese provisions are proposed as a precautionary measure pending the outcome of
     further studies which the Commission has in hand . The Scientific Committee on
     Food v;ill be invited to consider the results of this work and also any other in­
     formation becoming available in the inteiim as regards other oils and fats which
     may contain similar long-chain fatty acids likely to produce the same king of
     effects .
 ---pagebreak---                                           - 2 -
      For the sake of convenience , this draft directive is being kept separate from the
      discussion on the legislation relating to oils a^d fats in general and also to
      margarine . However , the proposed measures may be incorporated in the text of the
      legislation relating to thoae products .
3 .- The Commission considers that the directive on oils and fats will encourage pro­
     ducers to use variHties of colza seeds with a low erucic acid content . More than
            of the colza oil used in the Community are used in foodstuffs and the limit
      imposed by the directive will make it more difficult to dispose of colza seeds
     with a high acid content on the market in oils for human consumption .
     However , the directive does not seem^itself a sufficient factor to bring about a
     general conversion of producers to the new varieties .
4 .- During the discussions held in the Council , it was suggested that the subsidy on
     colza seeds with a high erucic acid content should be abolished of differentiated .
     Such a measure cannot be contemplated , for there is a specific demand from the
     chemical industry for colza seeds with a high erucic acid content and this
     industry must be allowed to "obtain the basic material whioh it requires within
     the Community .
     This specific demand is for between 80 000 and 120 COO metric tons of colza seeds .
     Furthermore , a differentiated subsidy according to the erucio acid content would
     present difficult problems of control .
     In order to encourage producers to use the new varieties , the Commission proposes
     "- hat , from the marketing year 197^/77 » intervention should apply only to colza
     fjeeas not exceeding an erucic acid content to be determined , and that a guarantee
     should be given to the producers of colza with a high erucic acid content by
     means of the conclusion of contracts between producers and the processing indus­
     tries concerned . The resulting amendment to the rules , which is no way detracts
     from the overall guarantee given to Community producers of colza , will be adopted
     in accordance with the procedure contained in Article 38 of Council Regulation
     Ho 136/66/rHC of 22 September 1966 on the establishment of a common organization
     of the market in oils and fats , i.e. , in accordance with the procedure of the
     Management Committee for Oils and Fats .
5 .- Producers of colza seeds in some Member States have been led by circumstances
     not to await the Community measures before beginning to covert their orops of
     colza and use varieties with a low erucic acid content . This is true of France ,
     where producers changed varieties when sowing the crops in autumn 1973 and of
     Germany and the United Kingdom , where the same operation took place in autumn 1974»
     Although the change was only partial in the three cases and the old and new
 ---pagebreak---   varieties were often mixed , the Commission is nevertheless pleased at the volun­
  tary effort by producers to follow the guideline laid down by the Community ,
  an effort which is all the more praiseworthy in that , when a new orop is substi­
  tuted for a conventional crop , difficult technical problems often occur which
 until overcome can lead to disappointing yields and revenue .
  The Commission has in fact been informed that the new varieties have a yield
 per hectare and an oil content which is lower than those of the conventional
 varieties .
 Responsibility for the decrease in yield per hectare which was recorded in
 Frence last year and which , according to the surveys carried out on the spot ,
 seems likely to occur this jcear , particularly in Germany , should not be attributed
 entirely to the new varieties , since bad weather and technical difficulties may
 have played an important part .
 In these circumstances the Commission provisionally considers that the problem
 which a possible reduction in yield per hectare may present to producers cannot
 be solved in the context of the organization of the market .
 She Commission therefore wonders whether some steps could perhaps be taken to
 help producers to overcome the technical problems presented by the new varieties
 of colza .
 Experience has shown , however , that the new varieties of colza have a lower oil con­
 tent . For 1975/75 , the new varieties represent two-thirds of the Community produc­
tion of colza. In these circumstances , and in view of the effort by producers ,
the Commission feels that there is justification for taking into account the effeot
upon producers' income of the lower oil content of the new varieties . Although
the prices of the marketing year 1975/76 have already been fixed by the Council
and although those prices are based on the standard quality ( 2/& impurities ,
9/6 moisture content and 42$ oil ), the Commission considers that the oircumstances
.justify an amendment to the Council decision , namely the changing of the oil
content of the standard quality from 42 to 40$. This deoision must be taken in
time to enter into force on 1 July 1975 *
In view of the urgency of the problem , the Commission has deoided to attach to
this Ccmmuni cat ion a draft proposal for a regulation amending Council Regulation
(ESC ) ITo 657/75 fixing the target prices and basic intervention prioes for oils
seeds for the 1975/76 marketing year.
 ---pagebreak---                                - 4 -
Furthermore , to prevent the benefits resulting from the amendment of the standard,
quality from devolving entirely upon producers of oolza with a high eruoio aoid
content , the Commission intends to adopt , under the Management Committee proce­
dure , a provision whereby there would be no price increase for colza seeds which
had an oil content between 40       42Jo and which was put up for intervention
during the marketing year 1975/76 *
In the light of experience in the marketing year 1975/7 6 , the Commission reserves
the right to propose any necessary amendments to the organization of the market
in order to ensure that the objectives set by the Council in its Resolifcaon of
11 February 1975 are fully attained .
 ---pagebreak---                                     proposai for a
               REGULATION ( EEC ) No ..../75 OP THE COUNCIL
 amending Regulation ( EEC ) NO 657/75 on the standard quality for colza and
 rape seed
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Eeonomio Community , and in.
particular Article 43 thereof ;
 Having regard to Council Regulation No 136/66/ESC^^of 22 Septembre 1966 on the
 establishment of a common organization of the market in oils and fats , as last
amended by Regulation ( EEC ) No 1707/73      , and in particular the third subpara­
graph of Article 22 ( l ) 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 Council Regulation (EEC) No 657/75^^of 4 March 1975 fixing the target
prices and basic intervention prices for oil seeds for the 1975/76 marketing
year laid down in Article 2 thereof the standard quantities for whioh these
prices are fixed ;
Whereas it appears that , due to the usage of new varieties of colza which have
a low eracic acid content , the average quality of colza seed . will be lower than the
average quality of previous harvests ; whereas , in particular with regard to the
oil content , this difference would         cause a loss to the produoers ; whereas
to avoid this disadvantage the standard quality of colza and rapeseed should be
adapted ,
HAS ADOPTES (MIS REGULATION Ï
( 1 ) OJ No 172 , 30.9.1966 , p. 3025/66
( 2 ) OJ No L 175 , 29.6.1973 , P. 5
(3) OJ No L 72 , 20.3.1975 » P. 3
 ---pagebreak---                                  " Article 1
 With, effect from 1 July 1975 » "the text of Article 2 ( a) of Regulation ( EBC ) N O 657/75
 shall "be replaced "by the following text :
 "a) with an impurity content of 2% and , for seeds as such , a humidity and oil
 11  content of 9$ and A&fo respectively in the case of colza and rape seeds ."
                                    Article 2
This Regulation shall enter into force on the third day following its publication
in the Official Journal of the European Communities .
 This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at                                               For the Counoil
 ---pagebreak---                                                                           Date *        12.6.1975
  1 * Ligne "budgétaire concernée :                                                   ' jj      «j
                                    Art » 633 Interventions graines oléagineuses (aide production;
  2 . Intitulé de l' action î                                               .       -
        Projet de règlement du Conseil modifiant le, règlement (CEE) n 657/75 en oe qui
        conoerne la qualité type des graines de oolza et de navette .
  3 . Base juridique :
                            Résolution du Conseil du 11*2.1975
  4 . Objectifs de l' action :                                                               ,
        Incitation aux producteurs à ne plus utiliser les anciennes variétés de oolza à
        forte teneur en acide éruoique .
  5«0Cout de l' aotion t                 i pendant la campa- !   exeroioe en cours   exercice suivant
                                           gne                   ( 1975 )            ( 1976)
I à la charge du Budget de la CE               5,25 mio ÜC            2,5 mio UC         2,75 mi0 UC
I à la oharge des aûm» nationales                             1
                                                              I
I à la charge d' autres seoteurs                                                      4
1                   nationaux
I 5*1 Eohéanoes pluriannuelles s               année 197"               annee 1977       année 197°
                                             5,3 Hiio UC               5,3 mio UC         5,3 raio UC
   5.2 Mode de calcul
         Le changement de la qualité type a pour effet d' augmenter l' aide pour les graines
         de oolza et de navette de 0,525 UC/lOO kg.
         Sur une réoolte de 1,1 mio tonnes , la dépense supplémentaire sera de 5 » 25              UC .
   6.1 Financement possible par crédits inscrits au chapitre concerné dans le Budget en
          cours d' exécution                OUI*
                       possible par virement entre chapitres diT Budget" en
   6^3Nécessité d'tm Budygj^aj>g»4rénrgrr^Tre                       •                                    T
   6.4 Crédits à inscrire dans les budgets futurs
                                                                OUI
   Observations : * Les dépenses qui résultent des propositions sont donc de nature a
                         pouvoir être financées moyennant les crédits disponibles pour 1975 »
                         Elles concernent le poste suivant :
                                                Crédits 1975       Avances 1.1-30.6.75     Dépenses 1974
   poste 633 aide à la production            70*000.000 ( l )             2.036.000        10.263.000
   ( l ) Il est à noter que dans le cadre de l' incidence financière des propositions de
         prix il a été tenu compte d'une économie au titre de la conjoncture de 30 mio UC
          (doo . COM(74 ) 2001 , p. 57)