Food Law News - EU - 2008


Council Press Release, 20 November 2008

ADDITIVES - Adoption of Additive Regulations by the Council of Ministers

The following is an extract from the minutes of the Agriculture Council meeting held 18-20 November 2008. All four new additve regulations have been adopted in line with the European Parliament's amendments at second reading.

Common authorisation procedure for food additives, food enzymes and food flavourings

The Council adopted a Regulation establishing a common authorisation procedure for food additives, food enzymes and food flavourings following agreement reached with the Parliament at second reading (3658/08).

The new legislative act establishes a common authorisation procedure which is intended to be effective, short and transparent, based on an assessment of safety in terms of human health carried out by the European Food Safety Authority (EFSA) and a risk management exercise in which the Commission and the Member States are involved in the context of a regulatory committee procedure with a right of scrutiny by the European Parliament. The Commission must draw up, update and publish a positive list for each category of substance concerned. The inclusion of a substance on one of these lists implies that it is authorised for general use by all operators in the Community market.

Food enzymes

The Council adopted a Regulation on food enzymes following agreement reached with the Parliament at second reading (3659/08). The new legislative act will replace the current individual national legislations with Community rules to promote fair trade and protect human health.

The Regulation applies to enzymes which are added to food to perform a technological function in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food. Food enzymes will not be authorised unless they are safe and do not mislead the consumer. The Commission will consider whether a food enzyme should be included on the positive list on the basis of a scientific assessment by the European Food Safety Authority (EFSA).

Food additives

The Council adopted a Regulation on food additives following agreement reached with the Parliament at second reading (3660/08).

Authorisation of individual food additives will be based on a scientific assessment by the European Food Safety Authority (EFSA). Only additives that are safe, fulfil a technological need and are of benefit to the consumer will be authorised. The use of an additive must not mislead the consumer. The new legislative act simplifies the procedure for authorising food additives by enabling the Commission to amend the European positive list of food additives, under a regulatory committee procedure with the favourable opinion of the Member States and subject to a right of scrutiny by the Parliament.

Food flavourings

The Council adopted a Regulation on flavourings and certain food ingredients with flavouring properties for use in and on foods, following agreement reached with the Parliament at second reading (3661/08).

The new legislative act provides for a Community list of flavourings to be drawn up, lays down the conditions for the use of flavouring and food ingredients and contains maximum levels for undesirable substances in food. The conditions for the use of the term "natural" in describing flavourings are made stricter. The use of flavourings must not mislead the consumer, particularly as regards the nature, freshness, quality of ingredients used, the naturalness of a product or of the production process, or the nutritional quality of the product.


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