Directive 2006/52/EC of the European Parliament and of the Council of 5 July 2006 amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs

Type Directive
Publication 2006-07-26
Last updated 2006-08-15
State Repealed
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 5
Reform history JSON API

DIRECTIVE 2006/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 July 2006

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 EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee ([^E0001]),

Acting in accordance with the procedure laid down in Article 251 of the Treaty ([^E0002]),

Whereas:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 95/2/EC is hereby amended as follows:

Article 2

The Annex to Directive 94/35/EC shall be amended in accordance with Annex II to this Directive.

Article 3

1.

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:

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.

2.

When Member States adopt the laws, regulations and administrative provisions referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 4

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

ANNEX I

The Annexes to Directive 95/2/EC are amended as follows:

‘E 462 Ethyl cellulose’;

‘Ripened cheese E 170 Calcium carbonate E 504 Magnesium carbonates E 509 Calcium chloride E 575 Glucono-delta-lactone quantum satis E 500ii Sodium hydrogen carbonate quantum satis (only for sour milk cheese)’; (b)in the row for ‘Pain courant français’ after the words ‘Pain courant français’ the following words are added: ‘Friss búzakenyér, fehér és félbarna kenyerek’; (c)in the row for ‘Foie gras, foie gras entier, blocs de foie gras’ after the words ‘Foie gras, foie gras entier, blocs de foie gras’ the following words are added: ‘Libamáj, libamáj egészben, libamáj tömbben’;

‘Shrimps, cooked

2 000 Crayfish tails, cooked, and pre‐packed marinated cooked molluscs 2 000 Liquid dietary food supplements

2 000’; —the following rows are added:—

‘Crustaceans and molluscs, cooked

1 000

2 000 Food supplements as defined in Directive 2002/46/EC [^E0011] supplied in liquid form

2 000 (1)Directive 2002/46/EC of the European Parliament and of the Council (OJ L 183, 12.7.2002, p. 51).’ — the words ‘Dietetic food intended for special medical purposes’ are replaced by the words ‘Dietary foods for special medical purposes as defined in Directive 1999/21/EC ([^E0012]) (b)in Part B the table for foodstuffs is amended as follows: —the row for ‘crustaceans and cephalopods’ is replaced by the following:—

‘Crustaceans and cephalopods: — fresh, frozen and deep-frozen 150 [^E0013] — crustaceans, Penaeidae, Solenoceridae, Aristaeidae family: — up to 80 units 150 [^E0013] — between 80 and 120 units 200 [^E0013] — over 120 units 300 [^E0013] Crustaceans and cephalopods — cooked 50 [^E0013] — cooked crustaceans, Penaeidae, Solenoceridae, Aristaeidae family: — up to 80 units 135 [^E0013] — between 80 and 120 units 180 [^E0013] — over 120 units 270 [^E0013] (1)In edible parts.’ —the entry ‘Starches (excluding starches for weaning foods, follow-on formulae and infant formulae)’ is replaced by ‘Starches (excluding starches in infant formulae, follow-on formulae and processed cereal‐based foods and baby foods)’; —the following rows are added:—

‘Salsicha fresca 450 Table grapes 10 Fresh lychees 10 (measured on edible parts)’; (c)in Part C the table for E 249, E 250, E 251 and E 252 is replaced by the following:

‘E No Name Foodstuff Maximum amount that may be added during manufacture (expressed as NaNO2) Maximum residual level (expressed as NaNO2) E 249 Potassium nitrite [^E0014] Meat products 150 mg/kg E 250 Sodium nitrite [^E0014] Sterilised meat products (Fo > 3,00) [^E0015] 100 mg/kg Traditional immersion cured meat products (1): Wiltshire bacon (1.1);

175 mg/kg Entremeada, entrecosto, chispe, orelheira e cabeça (salgados) Toucinho fumado (1.2); and similar products Wiltshire ham (1.1); and similar products

100 mg/kg Rohschinken, nassgepökelt (1.6); and similar products

50 mg/kg Cured tongue (1.3)

50 mg/kg Traditional dry cured meat products (2): Dry cured bacon (2.1);

175 mg/kg and similar products Dry cured ham (2.1); Jamón curado, paleta curada, lomo embuchado y cecina (2.2); Presunto, presunto da pá and paio do lombo (2.3); and similar products

100 mg/kg Rohschinken, trockengepökelt (2.5); and similar products

50 mg/kg Other traditionally cured meat products (3): Vysočina Selský salám Turistický trvanlivý salám Poličan Herkules Lovecký salám Dunajská klobása Paprikáš (3.5); and similar products 180 mg/kg Rohschinken, trocken-/nassgepökelt (3.1); and similar products Jellied veal and brisket (3.2)

50 mg/kg

E No Name Foodstuff Maximum amount that may be added during manufacture (expressed as NaNO3) Maximum residual level  (expressed as NaNO3) E 251 E 252 Potassium nitrate [^E0016] Sodium nitrate [^E0016] Non-heat-treated meat products 150 mg/kg Traditional immersion cured meat products (1): Kylmäsavustettu poronliha/ Kallrökt renkött (1.4); 300 mg/kg Wiltshire bacon and Wiltshire ham (1.1); Entremeada, entrecosto, chispe, orelheira e cabeça (salgados), Toucinho fumado (1.2); Rohschinken, nassgepökelt (1.6); and similar products

250 mg/kg Bacon, Filet de bacon (1.5); and similar products

250 mg/kg without added E 249 or E 250 Cured tongue (1.3)

10 mg/kg Traditional dry cured meat products (2): Dry cured bacon and Dry cured ham (2.1);

250 mg/kg Jamón curado, paleta curada, lomo embuchado y cecina (2.2); Presunto, presunto da pá and paio do lombo (2.3); Rohschinken, trockengepökelt (2.5); and similar products Jambon sec, jambon sel sec et autres pièces maturées séchées similaires (2.4)

250 mg/kg without added E 249 or E 250 Other traditionally cured meat products (3): Rohwürste (Salami and Kantwurst) (3.3); 300 mg/kg (without added E 249 or E 250) Rohschinken, trocken-/nassgepökelt (3.1); and similar products

250 mg/kg Salchichón y chorizo tradicionales de larga curación (3.4); Saucissons secs (3.6); and similar products 250 mg/kg (without added E 249 or E 250) Jellied veal and brisket (3.2);

10 mg/kg Hard, semi-hard and semi-soft cheese 150 mg/kg in the cheese milk or equivalent level if added after removal of whey and addition of water Dairy-based cheese analogue Pickled herring and sprat 500 mg/kg

(x)When labelled “for food use”, nitrite may be sold only in a mixture with salt or a salt substitute.

(y)Fo-value 3 is equivalent to 3 minutes heating at 121 oC (reduction of the bacterial load of one billion spores in each 1 000 cans to one spore in a thousand cans).

(z)Nitrates may be present in some heat-treated meat products resulting from natural conversion of nitrites to nitrates in a low-acid environment. (d)Part D is amended as follows: (i)the Note is replaced by: ‘The * in the table refers to the proportionality rule: when combinations of gallates, TBHQ, BHA and BHT are used, the individual levels must be reduced proportionally.’; (ii)row E 310 to E 321 and row E 310 to E 320 are replaced by the following:

‘E 310 Propyl gallate Fats and oils for the professional manufacture of heat-treated foodstuffs 200(gallates, TBHQ and BHA, individually or in combination) E 311 Octyl gallate Frying oil and frying fat, excluding olive pomace oil 100(BHT) E 312 Dodecyl gallate E 319 Tertiary-butyl hydroquinone (TBHQ) Lard; fish oil; beef, poultry and sheep fat both expressed on fat E 320 Butylated hydroxyanisole (BHA) Cake mixes Cereal-based snack foods Milk powder for vending machines 200 (gallates, TBHQ and BHA, individually or in combination) E 321 Butylated hydroxytoluene (BHT) Dehydrated soups and broths Sauces Dehydrated meat Processed nuts Pre-cooked cereals expressed on fat Seasonings and condiments 200 (gallates and BHA, individually or in combination) expressed on fat Dehydrated potatoes 25 (gallates, TBHQ and BHA, individually or in combination) Chewing gum Food supplements as defined in Directive 2002/46/EC 400 (gallates, TBHQ, BHT and BHA, individually or in combination) Essential oils 1 000 (gallates, TBHQ and BHA, individually or in combination) Flavourings other than essential oils 100 * (gallates, individually or in combination) 200 * (TBHQ and BHA, individually or in combination)’; (iii)the following row is added:

‘E 586 4-Hexylresorcinol Fresh, frozen and deep-frozen crustaceans 2 mg/kg as residues in crustacean meat’;

‘E 385 Calcium disodium ethylene diamine tetra-acetate (Calcium disodium EDTA) Emulsified sauces 75 mg/kg Canned and bottled pulses, legumes, mushrooms and artichokes 250 mg/kg Canned and bottled crustaceans and molluscs 75 mg/kg Canned and bottled fish 75 mg/kg Spreadable fats as defined in Annexes B and C to Regulation (EC) No 2991/94 [^E0017] , having a fat content of 41 % or less 100 mg/kg Frozen and deep‐frozen crustaceans 75 mg/kg Libamáj, egészben és tömbben 250 mg/kg (1)OJ L 316, 9.12.1994, p. 2.’; (b)the following row is inserted after the row for E 967:

‘E 968 Erythritol Foodstuffs in general (except drinks and those foodstuffs referred to in Article 2(3)) quantum satis Frozen and deep-frozen unprocessed fish, crustaceans, molluscs and cephalopods quantum satis Liqueurs quantum satis For purposes other than sweetening’; (c)the following row is added:

‘E 426 Soybean hemicellulose Dairy-based drinks intended for retail sale 5 g/l Food supplements as defined in Directive 2002/46/EC 1,5 g/l Emulsified sauces 30 g/l Pre-packaged fine bakery wares intended for retail sale 10 g/kg Pre-packaged ready to eat oriental noodles intended for retail sale 10 g/kg Pre-packaged ready to eat rice intended for retail sale 10 g/kg Pre-packaged processed potato and rice products (including frozen, deep-frozen, chilled and dried processed products) intended for retail sale 10 g/kg Dehydrated, concentrated, frozen and deep-frozen egg products 10 g/kg Jelly confectionery, except jelly mini-cups 10 g/kg’; (d)in row E 468 the words ‘Solid dietary supplements’ are replaced by the words ‘Food supplements as defined in Directive 2002/46/EC supplied in solid form’; (e)in row E 338 to E 452 the words ‘Dietary supplements’ are replaced by the words ‘Food supplements as defined in Directive 2002/46/EC’; (f)in row E 405, row E 416, row E 432 to E 436, row E 473 and E 474, row E 475, row E 491 to E 495, row E 551 to E 559, and row E 901 to E 904, the words ‘Dietary food supplements’ are replaced by the words ‘Food supplements as defined in Directive 2002/46/EC’; (g)in row E 1201 and E 1202 the words ‘Dietary food supplements in tablet and coated tablet form’ are replaced by the words ‘Food supplements as defined in Directive 2002/46/EC in tablet and coated tablet form’; (h)in row E 405, row E 432 to E 436, row E 473 and E 474, row E 475, row E 477, row E 481 and E 482, row E 491 to E 495 the words ‘Dietetic food intended for special medical purposes’ are replaced by the words ‘Dietary foods for special medical purposes as defined in Directive 1999/21/EC’; (i)Row E 1505 to E 1520 is replaced by the following:

‘E 1505 Triethyl citrate Flavourings 3 g/kg from all sources in foodstuffs as consumed or as reconstituted according to the instructions of the manufacturer; individually or in combination. In the case of beverages, with the exception of cream liqueurs, the maximum level of E 1520 shall be 1 g/l.’; E 1517 Glyceryl diacetate (diacetin) E 1518 Glyceryl triacetate (triacetin) E 1520 Propan-1,2-diol (propylene glycol) (j)the following rows are added:

‘E 1204 Pullulan Food supplements as defined in Directive 2002/46/EC in capsule and tablet form quantum satis Breath freshening micro-sweets in the form of films quantum satis E 1452 Starch Aluminium Octenyl Succinate Encapsulated vitamin preparations in food supplements as defined in Directive 2002/46/EC 35 g/kg in food supplement’;

‘E 968 Erythritol’; (b)the following row is inserted after the row for E 466:

‘E 462 Ethyl cellulose’; (c)in the third column of the row for E 551 and E 552 the following sentence is added: ‘For E 551: in E 171 titanium dioxide and E 172 iron oxides and hydroxides (max. 90 % relative to the pigment).’;

‘E 473 Sucrose esters of fatty acids 120 mg/l Products containing hydrolysed proteins, peptides and amino acids’.

ANNEX II

The Annex to Directive 94/35/EC is amended as follows:

[^E0001]: OJ C 255, 14.10.2005, p. 59.

[^E0002]: Opinion of the European Parliament of 26 October 2005 (not yet published in the Official Journal). Council Decision of 2 June 2006.

[^E0003]: OJ L 40, 11.2.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

[^E0004]: OJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive 2003/114/EC (OJ L 24, 29.1.2004, p. 58).

[^E0005]: OJ L 237, 10.9.1994, p. 3. Directive as last amended by Directive 2003/115/EC (OJ L 24, 29.1.2004, p. 65).

[^E0006]: OJ L 118, 23.4.2004, p. 70.

[^E0007]: OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

[^E0008]: OJ L 186, 30.6.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003.

[^E0009]: OJ L 183, 12.7.2002, p. 51.

[^E0010]: OJ L 91, 7.4.1999, p. 29. Directive as amended by the 2003 Act of Accession.

[^E0012]: Commission Directive 1999/21/EC (OJ L 91, 7.4.1999, p. 29).’

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