Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ENVI |
DRČAR MURKO Mojca ( ALDE)
|
|
| Committee Opinion | IMCO | ||
| Committee Opinion | ITRE |
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 095
Legal Basis:
EC Treaty (after Amsterdam) EC 095Events
PURPOSE : to amend Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs.
LEGISLATIVE ACT : Directive 2006/52/EC of the European Parliament and of the Council.
CONTENT : there have been technical developments in the field of food additives since the adoption of Directives 95/2/EC and 94/35/EC. These Directives should be adapted to take account of those developments.
This Directive adapts the authorised levels of nitrates and nitrites permitted in meat, in line with a ruling by the Court of Justice in 2000, and a subsequent scientific opinion from the European Food Safety Authority. The level of nitrosamines (which are formed from nitrates and nitrites) will be kept as low as possible by lowering the levels of nitrites and nitrates added to food. Specific provisions are however provided for some traditional meat products, which rely on certain technological processes and would disappear from the market if forced to comply with the general provisions. However, for such traditional products a description of the production process has been included so that they can be easily recognised and defined.
Furthermore, the amended legislation authorises seven new additives :
§ erythritol;
§ soybean hemicellulose;
§ ethyl cellulose;
§ hexylresorcinol;
§ tertiary butyl hydroquinone (TBHQ);
§ pullulan;
§ starch aluminium octenyl succinate.
Each of these additives underwent a safety evaluation by the Scientific Committee on Food or the European Food Safety Authority prior the Commission proposing their authorisation. The authorisations of several other additives have also been extended to allow them a wider range of use in foods (e.g. sodium hydrogen carbonate in sour milk cheese).
ENTRY INTO FORCE : 15/08/2006. Member States shall bring into force by 15 February 2008 the laws, regulations and administrative provisions necessary to comply with this Directive in order to:
a) permit trade in and the use of products complying with this Directive by 15 February 2008;
b) prohibit trade in and use of products which do not comply with this Directive by 15 August 2008.
However, products placed on the market or labelled before 15 August 2008 which do not comply with this Directive may be marketed until stocks are exhausted. Member States shall forthwith communicate to the Commission the text of such laws, regulations and administrative provisions, together with a correlation table between them and this Directive.
The Council adopted, by qualified majority, (with Belgium, the Netherlands and Denmark voting against) a Directive amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs. The Council accepted all the amendments suggested by the European Parliament.
To recall, Directive 95/2/EC on food additives other than colours and sweeteners sets out a list of authorised food additives, the foodstuffs in which they may be used and their conditions of use. It needs to be adapted in the light of recent technical and scientific developments.
Changes concern:
§ the revision of current authorisations (nitrite and nitrate; weaning foods; food supplements and foods for special medical purposes; p-Hydroxybenzoates; gelling agents in jelly mini-cups);
§ the authorisation of new food additives (e.g. erythritol; 4-Hexylresorcinol; Soybean hemicellulose; ethyl cellulose, pullulan; TBHQ);
§ the authorisation for extending the use of authorised food additives (sodium hydrogen carbonate in sour milk cheese; sorbates and benzoates in crustaceans; silicon dioxide as a carrier; additives in traditional products).
Directive 94/35/EC on sweeteners for use in foodstuffs sets out a list of authorised sweeteners, the foodstuffs in which they may be used and their conditions of use. It needs to be adapted in the light of recent technical and scientific developments. Changes concern the authorisation of a new food additive (erythritol).
The European Parliament adopted the resolution drafted by Mojca DRCAR MURKO (ALDE, SI) and made some amendments to the Commission’s proposal. The resolution was adopted by 556 votes in favour, 98 against and 8 abstentions. Many national exemptions for traditional products have been endorsed by Members, under detailed conditions, in order to facilitate an agreement at the first reading stage. In order to protect people suffering from allergies, restrictions are introduced for soybean hemicellulose which should not be permitted for unprocessed food in which it is not expected to be found. On the other hand, some products are added to the positive list of authorised additives like pullulan (a new polysaccharide), TBHQ (an antioxidant) and starch aluminium. The new Directive modifies provisions regarding the use of sulphites in cooked crustaceans, table grapes and lychees. Amendments include the following:
- The maximum residual levels set for certain traditionally-manufactured meat products should ensure that the acceptable daily intake (ADI) established by the Scientific Committee on Food in 1990 is not exceeded. Products which are not specifically named in the legislation, but which are traditionally produced in a similar manner (i.e. similar products) can if necessary be categorised in accordance with Articles 5 and 6 of Directive 95/2/EC. For cheese, the level should be set as added amount in the cheese milk. If a process is used where addition of nitrate follows removal of whey and addition of water, this should lead to levels identical to those which would have been obtained if the nitrate had been added directly to the cheese milk.
- Consumers should be informed when products contain hemicellulose derived from soybean in accordance with the provisions of Directive 2000/13/EC.
- The European Food Safety Authority has assessed the information on the safety of pullulan and found the use of pullulan acceptable in coating food supplements that are in the form of capsules and tablets as well as in breath fresheners in the form of films. It is therefore appropriate to permit these uses.
-Similarly, the EFSA has assessed the information on the safety of tertiary butyl hydroquinone (TBHQ) and established an ADI of 0-0.7 mg/kg body weight for this antioxidant and found that its use would be acceptable in certain foodstuffs at certain inclusion levels. It is therefore appropriate to permit this additive.
- The Scientific Committee on Food has assessed the information on the safety of starch aluminium octenyl succinate and found that the use of this additive as a component of micro encapsulated vitamins and carotenoids may be regarded as acceptable. Parliament’s text permits this use.
-Current provisions regarding the use of sulphites (E 220-228) in cooked crustaceans, table grapes and lychees are updated. (Please see the preceding summary.)
The European Parliament adopted the resolution drafted by Mojca DRCAR MURKO (ALDE, SI) and made some amendments to the Commission’s proposal. The resolution was adopted by 556 votes in favour, 98 against and 8 abstentions. Many national exemptions for traditional products have been endorsed by Members, under detailed conditions, in order to facilitate an agreement at the first reading stage. In order to protect people suffering from allergies, restrictions are introduced for soybean hemicellulose which should not be permitted for unprocessed food in which it is not expected to be found. On the other hand, some products are added to the positive list of authorised additives like pullulan (a new polysaccharide), TBHQ (an antioxidant) and starch aluminium. The new Directive modifies provisions regarding the use of sulphites in cooked crustaceans, table grapes and lychees. Amendments include the following:
- The maximum residual levels set for certain traditionally-manufactured meat products should ensure that the acceptable daily intake (ADI) established by the Scientific Committee on Food in 1990 is not exceeded. Products which are not specifically named in the legislation, but which are traditionally produced in a similar manner (i.e. similar products) can if necessary be categorised in accordance with Articles 5 and 6 of Directive 95/2/EC. For cheese, the level should be set as added amount in the cheese milk. If a process is used where addition of nitrate follows removal of whey and addition of water, this should lead to levels identical to those which would have been obtained if the nitrate had been added directly to the cheese milk.
- Consumers should be informed when products contain hemicellulose derived from soybean in accordance with the provisions of Directive 2000/13/EC.
- The European Food Safety Authority has assessed the information on the safety of pullulan and found the use of pullulan acceptable in coating food supplements that are in the form of capsules and tablets as well as in breath fresheners in the form of films. It is therefore appropriate to permit these uses.
-Similarly, the EFSA has assessed the information on the safety of tertiary butyl hydroquinone (TBHQ) and established an ADI of 0-0.7 mg/kg body weight for this antioxidant and found that its use would be acceptable in certain foodstuffs at certain inclusion levels. It is therefore appropriate to permit this additive.
- The Scientific Committee on Food has assessed the information on the safety of starch aluminium octenyl succinate and found that the use of this additive as a component of micro encapsulated vitamins and carotenoids may be regarded as acceptable. Parliament’s text permits this use.
-Current provisions regarding the use of sulphites (E 220-228) in cooked crustaceans, table grapes and lychees are updated. (Please see the preceding summary.)
The committee adopted the report by Mojca DRCAR MURKO (ALDE, SI) broadly approving the proposal under the 1st reading of the codecision procedure, subject to a number of amendments:
- to facilitate matters for allergy-sufferers, the use of soybean hemicellulose should not be permitted in foods in which soybean residues are not expected to be found (i.e. staples such as rice and noodles);
- a new Article 2a stipulated that the Commission should report to Parliament and the Council on the introduction in Directive 94/35/EC of a new category for "sport drinks". The report should look inter alia at the reduction in the use of sweeteners from the current threshold of 30% to 25% in products which are "energy reduced or with no added sweetener";
- food products containing sulphites should be clearly labelled to warn allergenic and asthmatic people about the presence of these additives;
- the current maximum level of SO2 in cooked crustacean products should be brought into line with the maximum level currently permitted for fresh crustaceans;
- a new entry should be added to Annex III, Part B of Directive 95/2/EC permitting a maximum level of 10mg/kg of SO2 for table grapes and fresh lychees in order to ensure the continued availability of these popular products;
- for nitrates, the committee proposed, in the case of traditional products such as "dry and wet cured ham" (e.g. Black Forest ham), that the current provisions be maintained (50 mg nitrite/kg and 250 mg nitrate/kg residues in the final product). It also suggested, in the case of traditional "raw sausages", that a derogation be granted for 100 mg nitrate/kg as a residue in the final product;
- new provisions were added permitting the inclusion of Tertiary-butyl hydroquinone (TBHQ) as a new antioxidant for use in oils, fats and foods at a maximum level of 200 mg/kg following a positive evaluation from the EFSA;
- lastly, the committee proposed including pullulan as a new additive for use in food supplements and breath fresheners, following its positive evaluation by the EFSA, and Starch Aluminium Octenyl Succinate (SAOS) for use in vitamin and nutrient preparations for dietary food supplements following the positive opinion of the Scientific Committee for Food.
PURPOSE : Amendment of Directives on food additives other than colours and sweeteners and on sweeteners for use in foodstuffs.
PROPOSED ACT : Directive of the European Parliament and of the Council.
CONTENT : the European Commission is proposing amendments to Directive 95/2/EC on food additives other than colours and sweeteners and to Directive 94/35/EC on sweeteners for use in foodstuffs, in light of recent technical and scientific developments. The proposal's justification is the continued smooth functioning of the internal market, a high level of human health and consumer protection. The proposed revision affect the following substances:
- Nitrite and Nitrate : The Commission proposes amending the current provisions in such a way that the maximum levels permitted by the EFSA in non-heat-treated meat products, in cheese and in fish are set as added amounts. For certain traditionally manufactured meat products maximum residual levels should be set.
- Weaning foods : The Commission proposes that every reference made to "weaning foods" should be replaced by a reference to "processed cereal-based foods and baby foods".
- Food supplements and foods for special medical purposes. The Commission proposes that every reference made to "dietary food supplements" be replaced by a reference to "food supplements as defined in Directive 2002/46/EC" and every reference to "dietetic foods intended for special medical purposes" be replaced by a reference to "dietary foods for special medical purposes as defined in Directive 1999/21/EC."
- p-Hydroxybenzoates : The Commission proposes withdrawing E 216 propyl p- hydroxybenzoates and E 217 sodium propyl p- hydroxybenzoates from Directive 95/2/EC. Further, on the basis of updated information, the Commission proposes withdrawing the use of p- hydroxybenzoates in liquid dietary food supplements.
- Gelling agents in jelly mini-cups : The Commission proposes withdrawing the use of the following gel-forming food additives in jelly mini-cups: E 400 alginic acid, E 401 sodium alginate, E 402 potassium alginate, E 403 ammonium alginate, E 404 calcium alginate, E 406 agar, E 407 carrageenan, E 407a processed euchema seaweed, E 410 locust bean gum, E 412 guar gum, E 413 tragacanth, E 414 acacia gum, E 415 xanthan gum, E 417 tara gum and E 418 gellan gum.
- Erythritol : The Commission proposes allowing the use of erythritol in the same food applications as the other currently permitted polyols. Further, it is proposed to amend Directive 94/35/EC on sweeteners for use in foodstuffs, as erythritol can also be used for sweetening purposes like the other currently permitted polyols.
- 4- Hexylresorcinols : The Commission proposes that 4- hexylresorcinols can be used as an alternative to sulphites for preventing browning of crustaceans.
- Soybean hemicellulose : The Commission proposes to use soybean hemicellulose as an emulsifier in sauces, food supplements and flavouring, as a thickener in bakery ware and in jelly confectionery, as a stabiliser in frozen foods and dairy-based drinks and as an anti-caking agent in rice and noodles.
- Ethyl cellulose. The use of ethyl cellulose would be permitted in a similar way to other cellulose in the group ADI "not specified" for modified celluloses established by the Scientific Committee on Food. Further, it is proposed that the use of ethyl cellulose would be permitted in a similar way to other celluloses.
- Sodium hydrogen carbonate in sour milk cheese : The Commission proposes allowing the use of sodium hydrogen carbonate in sour milk cheese.
- Sorbates and benzoates in crustaceans: The Commission proposes allowing the use of a mixture of sorbates and benzoates in all cooked crustacean and molluscs, not only in cooked shrimps.
- Silicon dioxide as a carrier: The Commission proposes allowing the use of silicon dioxide as a carrier for food colours E 171 titanium dioxide and E 172 iron oxides and hydroxides at the level of maximum 90% relative to the pigment.
- Additives in traditional Hungarian products: Directive 95/2/EC limits the use of additives listed in Annex I in traditional French bread "Pain courant francais". The same limited use is proposed for similar traditional Hungarian bread "Búzakenyér, fehér és félbarna kenyerek." Further, the Commission proposes allowing the use in Hungarian liver patés (libamáj, libamáj egészben, libamáj tömbben) similar to foie gras, of ascorbic acid (E 300), sodium ascorbate (E 301) and calcium disodium EDTA (E 385).It is also proposed to allow the use of sorbates and benzoates for preservation of Hungarian quick-frozen chestnut puree "Gyorsfagyasztott gesztenyepüré".
Concerning the amendment of Directive 94/35/EC the Commission proposes the authorisation of a new food additive erythritol. It is proposed that erythritol may be used in tabletop sweeteners and in energy reduced foods and foods with no added sugars. Further, it is proposed to exempt erythritol from the labelling rule regarding labelling of laxative effect in tabletop sweeteners containing polyols.
PURPOSE : Amendment of Directives on food additives other than colours and sweeteners and on sweeteners for use in foodstuffs.
PROPOSED ACT : Directive of the European Parliament and of the Council.
CONTENT : the European Commission is proposing amendments to Directive 95/2/EC on food additives other than colours and sweeteners and to Directive 94/35/EC on sweeteners for use in foodstuffs, in light of recent technical and scientific developments. The proposal's justification is the continued smooth functioning of the internal market, a high level of human health and consumer protection. The proposed revision affect the following substances:
- Nitrite and Nitrate : The Commission proposes amending the current provisions in such a way that the maximum levels permitted by the EFSA in non-heat-treated meat products, in cheese and in fish are set as added amounts. For certain traditionally manufactured meat products maximum residual levels should be set.
- Weaning foods : The Commission proposes that every reference made to "weaning foods" should be replaced by a reference to "processed cereal-based foods and baby foods".
- Food supplements and foods for special medical purposes. The Commission proposes that every reference made to "dietary food supplements" be replaced by a reference to "food supplements as defined in Directive 2002/46/EC" and every reference to "dietetic foods intended for special medical purposes" be replaced by a reference to "dietary foods for special medical purposes as defined in Directive 1999/21/EC."
- p-Hydroxybenzoates : The Commission proposes withdrawing E 216 propyl p- hydroxybenzoates and E 217 sodium propyl p- hydroxybenzoates from Directive 95/2/EC. Further, on the basis of updated information, the Commission proposes withdrawing the use of p- hydroxybenzoates in liquid dietary food supplements.
- Gelling agents in jelly mini-cups : The Commission proposes withdrawing the use of the following gel-forming food additives in jelly mini-cups: E 400 alginic acid, E 401 sodium alginate, E 402 potassium alginate, E 403 ammonium alginate, E 404 calcium alginate, E 406 agar, E 407 carrageenan, E 407a processed euchema seaweed, E 410 locust bean gum, E 412 guar gum, E 413 tragacanth, E 414 acacia gum, E 415 xanthan gum, E 417 tara gum and E 418 gellan gum.
- Erythritol : The Commission proposes allowing the use of erythritol in the same food applications as the other currently permitted polyols. Further, it is proposed to amend Directive 94/35/EC on sweeteners for use in foodstuffs, as erythritol can also be used for sweetening purposes like the other currently permitted polyols.
- 4- Hexylresorcinols : The Commission proposes that 4- hexylresorcinols can be used as an alternative to sulphites for preventing browning of crustaceans.
- Soybean hemicellulose : The Commission proposes to use soybean hemicellulose as an emulsifier in sauces, food supplements and flavouring, as a thickener in bakery ware and in jelly confectionery, as a stabiliser in frozen foods and dairy-based drinks and as an anti-caking agent in rice and noodles.
- Ethyl cellulose. The use of ethyl cellulose would be permitted in a similar way to other cellulose in the group ADI "not specified" for modified celluloses established by the Scientific Committee on Food. Further, it is proposed that the use of ethyl cellulose would be permitted in a similar way to other celluloses.
- Sodium hydrogen carbonate in sour milk cheese : The Commission proposes allowing the use of sodium hydrogen carbonate in sour milk cheese.
- Sorbates and benzoates in crustaceans: The Commission proposes allowing the use of a mixture of sorbates and benzoates in all cooked crustacean and molluscs, not only in cooked shrimps.
- Silicon dioxide as a carrier: The Commission proposes allowing the use of silicon dioxide as a carrier for food colours E 171 titanium dioxide and E 172 iron oxides and hydroxides at the level of maximum 90% relative to the pigment.
- Additives in traditional Hungarian products: Directive 95/2/EC limits the use of additives listed in Annex I in traditional French bread "Pain courant francais". The same limited use is proposed for similar traditional Hungarian bread "Búzakenyér, fehér és félbarna kenyerek." Further, the Commission proposes allowing the use in Hungarian liver patés (libamáj, libamáj egészben, libamáj tömbben) similar to foie gras, of ascorbic acid (E 300), sodium ascorbate (E 301) and calcium disodium EDTA (E 385).It is also proposed to allow the use of sorbates and benzoates for preservation of Hungarian quick-frozen chestnut puree "Gyorsfagyasztott gesztenyepüré".
Concerning the amendment of Directive 94/35/EC the Commission proposes the authorisation of a new food additive erythritol. It is proposed that erythritol may be used in tabletop sweeteners and in energy reduced foods and foods with no added sugars. Further, it is proposed to exempt erythritol from the labelling rule regarding labelling of laxative effect in tabletop sweeteners containing polyols.
Documents
- Final act published in Official Journal: Directive 2006/52
- Final act published in Official Journal: OJ L 204 26.07.2006, p. 0010-0022
- Draft final act: 03663/2/2005
- Commission response to text adopted in plenary: SP(2005)4593
- Text adopted by Parliament, 1st reading/single reading: T6-0404/2005
- Text adopted by Parliament, 1st reading/single reading: OJ C 272 09.11.2006, p. 0273-0416 E
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T6-0404/2005
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A6-0191/2005
- Committee report tabled for plenary, 1st reading: A6-0191/2005
- Amendments tabled in committee: PE357.780
- Economic and Social Committee: opinion, report: CES0384/2005
- Economic and Social Committee: opinion, report: OJ C 255 14.10.2005, p. 0059-0060
- Legislative proposal: COM(2004)0650
- Legislative proposal: EUR-Lex
- Legislative proposal published: COM(2004)0650
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2004)0650 EUR-Lex
- Economic and Social Committee: opinion, report: CES0384/2005 OJ C 255 14.10.2005, p. 0059-0060
- Amendments tabled in committee: PE357.780
- Committee report tabled for plenary, 1st reading/single reading: A6-0191/2005
- Text adopted by Parliament, 1st reading/single reading: T6-0404/2005 OJ C 272 09.11.2006, p. 0273-0416 E
- Commission response to text adopted in plenary: SP(2005)4593
- Draft final act: 03663/2/2005
Votes
Rapport Drcar Murko A6-0191/2005 - am. 17 #
Verts/ALE
GUE/NGL
IND/DEM
NI
UEN
PSE
PPE-DERapport Drcar Murko A6-0191/2005 - am. 14 #
Rapport Drcar Murko A6-0191/2005 - am. 15 #
Rapport Drcar Murko A6-0191/2005 - am. 16 #
Rapport Drcar Murko A6-0191/2005 - proposition Commission #
Rapport Drcar Murko A6-0191/2005 - résolution #
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