15 Safety controls over food additives
| (27751)
12181/06
COM(06) 428
+ ADDS 1-2
| Draft Regulation on food additives
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| Legal base | Article 95EC; co-decision; QMV
|
| Document originated | 28 July 2006
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| Deposited in Parliament | 22 August 2006
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| Department | Food Standards Agency
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| Basis of consideration | EM of 29 August 2006
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information awaited
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Background
15.1 The general principles governing the use of food additives
within the Community are currently set out in Council Directive
89/107/EEC. This Directive is complemented by three further measures
— Directives
94/35/EC on sweeteners for use in foodstuffs, 94/36/EC on colours
for use in foodstuffs, and 95/2/EC on food additives other than
colours and sweeteners —
which lay down the list of authorised additives and the conditions
for their use. In its White Paper on Food Safety,[36]
the Commission indicated that it intended to update and simplify
these measures, and its proposals for doing so are now set out
in the current document.
The current proposal
15.2 More specifically, the Commission proposes that
there should in future be a single instrument. As at present,
this would require food additives to be subject to a safety evaluation
by the European Food Safety Authority (EFSA), leading to their
inclusion on a Community positive list. However, whereas changes
to that list currently have to be approved by the Council and
European Parliament (and hence give rise to delays arising from
the lengthy co-decision process), the Commission is proposing
it should in future be delegated the power to make such changes,
subject to individual approvals having to receive the necessary
level of support from Member States within the Standing Committee
on the Food Chain and Animal Health. These changes would be accompanied
by a number of additional safeguards, such as controls over the
use of all additives in additives,[37]
and a requirement that any additive consisting of, containing,
or produced from a genetically modified organism (GMO) would first
need to be authorised under the Regulation on genetically modified
food and feed.[38] Also,
the EFSA would carry out a re-evaluation of all additives (rather
than, as at present, only if there is evidence of a risk to public
health), and it would review the technological aspects of all
current authorisations.
The Government's view
15.3 In her Explanatory Memorandum of 29 August 2006,
the Minister of State for Public Health at the Department of Health
(Caroline Flint) says that the proposal is welcome in that it
will lead to the rationalisation of the current complex legislation
governing food additives. In particular, she suggests that the
"fast track" procedure for amendments to the legislation
would be beneficial to both industry and consumers, and that the
proposed additional safeguards are welcome in the interests of
consumer protection and choice.
15.4 The Minister's Explanatory Memorandum is accompanied
by a partial Regulatory Impact Assessment, which will provide
the basis for the Government's consultation exercise on the proposal
(and which will be updated, as necessary). The Assessment says
that industry has welcomed the simplification of this legislation
and the proposed "fast track" process, but that it has
expressed concerns about the costs of the EFSA carrying out a
re-evaluation of all currently approved additives, which it suggests
could have major cost implications. Also, industry has in the
past been reluctant to meet these costs, resulting in the withdrawal
from use of additives for which complete data is not available.
There is concern that this situation could arise as a consequence
of the EFSA review, resulting in the need to reformulate products
using alternatives. However, without knowing which additives may
be affected, it is not possible to identify the specific sectors
most likely to be affected.
Conclusion
15.5 In principle, the steps proposed here —
including the delegation to the Commission of the power to amend
the list of approved additives —
appear sensible, and in line with the practice adopted in other
comparable areas. That said, we note the concerns which have arisen
over the potential cost (and other) implications of the proposal
to re-evaluate all currently approved additives, and for that
reason, we think it would be sensible to await the outcome of
the Government's consultation on the proposal, and any updated
Regulatory Impact Assessment, before taking a final view. In the
meantime, therefore, we are not clearing the document.
36 (20875) 5761/00; see HC 23-x (1999-2000), para 2
(1 March 2000). Back
37
These safeguards currently apply only on a limited basis, for
example to additives used in flavourings. Back
38
Regulation (EC) No. 1829/2003 OJ No. L268, 18.10.03, p.1. Back
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