1999/830/EC: Commission Decision of 26 October 1999 on the national provisions notified by the Kingdom of Denmark concerning the use of sulphites, nitrites and nitrates in foodstuffs (notified under document number C(1999) 3416) (Text with EEA relevance) (Only the Danish text is authentic

• Articles: 2

Article 1

The Danish national provisions derogating from Directive 95/2/EC notified pursuant to the former Article 100a(4) of the EC Treaty and examined by the Commission pursuant to Article 95(4) and (6) are not approved.

Article 2

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 26 October 1999.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 40, 11.2.1989, p. 27. Directive 89/107/EEC as last amended by Directive 94/34/EC (OJ L 237, 10.9.1994, p. 1).

(2) Directive 94/35/EC on sweeteners (OJ L 237, 10.9.1994, p. 3). Directive 94/35/EC as last amended by Directive 96/83/EC (OJ L 48, 19.2.1997, p. 16). Directive 94/36/EC on colours (OJ L 237, 10.9.1994, p. 13). Directive 95/2/EC (OJ L 61, 18.3.1995, p. 1). Directive 95/2/EC as last amended by Directive 98/72/EC (OJ L 295, 4.11.1998, p. 18).

(3) Sundhedsministeriets bekendtgørelse nr. 1055 af 18 December 1995 om tilsætningsstoffrer til levnedsmidler. Sundhedsmin., j.nr. 95-3400-24. Levnedsmiddelstyrelsen, j.nr. 100-0066. Lovtidende A hæfte 198 udgivet den 30 December 1995 s. 5571. GBEK.

(4) Fortegnelse over tilsætningsstoffer til levnedsmidler-Positivlisten (Levnedsmiddelstyrelsen Sundhedsministeriet). Publikation nr. 231, December 1995.

(5) Lovtidende A 1996 hæfte 145 udgivet den 23 September 1996 s. 5089. GBEK.

(6) The term "sulphite agents" comprises both sulphur dioxide and sulphites. In the present Decision, the term "sulphites" will be used to describe "sulphite agents".

(7) These extracts from the Directive are reproduced for information purposes. They do not create any right or obligation other than those deriving from the text of the Directive as published in its entirety in the Official Journal of the European Communities. Only the latter text is authentic.

(8) These extracts from the Danish legislation are reproduced for information purposes. They do not create any right or obligation other than those deriving from legal texts that have been adopted in law and published in the official Danish publications. Only the latter texts are authentic.

(9) See recital 4 of this Decision.

(10) See footnote 7 of this Decision.

(11) See footnote 4 of this Decision.

(12) See footnote 8 of this Decision.

(13) See recital 3 of this Decision.

(14) "Memorandum" on the evaluation of safety and of other aspects of using nitrates and sulphites in "foodstuffs", hereinafter referred to as "the memorandum"

(15) See the definitions of preservatives and antioxidants in recital 4.

(16) Article 1(3)(b) of Directive 95/2/EC.

(17) Reports of the SCF, 35th series.

(18) In its previous opinion on sulphites delivered in 1981, the SCF considered that it was not necessary to set an ADI.

(19) Directive 95/2/EC in fact refers back to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (OJ L 84, 27.3.1987, p. 1), last modified by Council Regulation (EC) No 1627/98 of 20 July 1998 (OJ L 210, 28.7.1998, p. 8). In its Article 65, this Regulation provides that the total sulphur dioxide content of still wines "may not exceed [...] 160 mg/litre for red wine, 210 mg/litre for white and rosé wine".

(20) It is not feasible to lower generally the levels of use of sulphites in foodstuffs. The levels of use which feature in the Directive were calculated to produce the effects which are the intrinsic technological function of these additives; below such levels, the desired effects are not produced.

(21) See the first footnote of Annex III, Part B, to Directive 95/2/EC. For dry biscuits, for instance, the quantity allowed in the Danish Order is as a result higher than that which features in Directive 95/2/EC. Nevertheless, the Danish authorities do not specify that the maximum level in the finished product is not higher than that set by the Community text.

(22) OJ L 33, 8.2.1979, p. 1. Directive as last amended by Directive 97/4/EC of 27 January 1997 (OJ L 43, 14.2.1997, p. 2).

(23) Article 6(4)(c)(ii) of Directive 79/112/EEC. Apart from the foodstuffs to which the provisions of Directive 95/2/EC are applicable with respect to sulphites, sulphites may legally be transferred to a certain number of other foodstuffs in accordance with Article 3(1) of this Directive through the application of the carryover principle.

(24) The second footnote of Annex III, Part B to Directive 95/2/EC specifies for this reason that sulphites whose content does not exceed 10 mg/kg are not considered to be present in the finished product.

(25) Proposal for a Directive published in OJ C 106, 4.4.1997, p. 5.

(26) SCF reports, 37th series.

(27) This would mean that the first two of the three cumulative conditions for the authorisation of additives set out in Directive 89/107/EEC would not be fulfilled.

(28) The technological function of these additives is to extend the shelf life of foodstuffs by protecting them from deterioration due to micro-organisms, in accordance with the definition of preservatives given in Article 1(3)(a) of Directive 95/2/EC. The use of nitrites and nitrates also has direct consequences on the determination of the final date for the consumption of a product in that they make it possible to retain the water which the meat product contains naturally in order to preserve its organoleptic qualities, particularly its aromas, colour and texture.

(29) These risks are described in recitals 35 et seq. of this Decision.

(30) HACCP denotes the "Hazard analysis and critical control points" system. See Article 3 of Council Directive 93/43/EEC on the hygiene of foodstuffs (OJ L 175, 19.7.1993, p. 1). The Directive does not however deal with meat products during the stages preceding their sale to the final consumer.

(31) Infection caused by a consumer when handling the product.

(32) Reports of the SCF, 26th series.

(33) Reports of the SCF, 38th series.

(34) See note 33 of this Decision. Work is in progress at Community level to examine the possibility of developing the HACCP approach with regard to foodstuffs of animal origin which are not covered by Directive 93/43/EEC.

(35) The conditions of use of nitrates were determined taking account of the fact that their use as additives in foodstuffs contributes only a small proportion of the total intake, most of which comes from vegetables and water.