23. 6. 80 Official Journal of the European Communities No L 155/23 COUNCIL DIRECTIVE of 29 May 1980 amending for the second time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (80/597/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (%), Having regard to the opinion of the European Parliament (?), Having regard to the opinion of the Economic and Social Committee (3), Whereas Directive 74/329/EEC (%), as last amended by Directive 78/612/EEC (5), lays down a single list of emulsifiers, stabilizers, thickeners and gelling agents which may be authorized for use in foodstuffs by the Member States; Whereas having regard to the most recent scientific and technical knowledge the reference to microcrystalline cellulose (E 460) in Annex I to Directive 78/612/EEC must be reworded; whereas the use of tragacanth (E 413) should be re-evaluated after an enquiry by the Commission; Whereas Annex II to Directive 74/329/EEC indicates the designations of the substances which may be temporarily authorized by Member States for use in foodstuffs; Whereas Article 3 (1) of Directive 74/329/EEC authorizes this derogation for a period of five years from the date of notification of the Directive; Whereas having regard to the most recent scientific and technical knowledge the said Annex II must be revised; whereas, therefore, for certain substances, the period of temporary authorization must be prolonged to permit (1) OJ No C 115, 8. 5. 1979, p. 10. (3) OJ No C 4,7.1.1980, p. 64 (3) OJ No C 247, 1. 10. 1979, p. 1. (4) O] No L 189, 12. 7. 1. 1980, p. 64. (5) O] No L 197, 22.7. 1978, p. 22. the completion of certain toxicological investigations necessary in the light of present-day requirements regarding the safety of their use in foodstuffs; Whereas other substances for which the necessary toxicological investigations have been completed cannot be accepted at Community level unless conditions of use and purity criteria are stipulated; whereas their use may be authorized without limit in time by Member States; Whereas the scientific and technical knowledge on Xanthan gum is sufficient to allow its transfer to Annex I to Directive 74/329/EEC; whereas Ghatti gum must no longer be used but nevertheless a temporary period must be provided to allow the sale of foodstuffs con- taining this substance which are already on the market; Whereas extract of quillaia is no longer covered by Directive 74/329/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 74/329/EEC is hereby amended as follows: 1. Paragraphs 2 and 3 of Article 2 shall be replaced by the following: 2. However, as regards the substances referred to in Annex I under E 413 and E 440b, the Council, acting in accordance with the procedure provided for in Article 100 of the Treaty, may decide, by 31 December 1982 and on the basis of a study by the Commission, to delete them from that Annex or otherwise change their status.’ 2. The following Article shall be inserted: ‘Article 2a 1. Notwithstanding Article 2 (1), Member States may authorize the use in foodstuffs of the sub- stances listed below: Ammonium phosphatides, Polyglycerol polyricinoleate,