No L 197/22 ' Official Journal of the European Communities 22.7.78 COUNCIL DIRECTIVE of 29 June 1978 amending for the first 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 (78/612/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 Parlia- ment (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas Annex 1 to Directive 74/329/EEC (3) lays down a single list of emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs which may be authorized in the Member States; Whereas it appears that the presentation of certain provisions of Annex I to Directive 74/329/EEC may give rise to conflicting interpretations and that these provisions should therefore be worded more clearly; Whereas having regard to the most recent scientific information on the safety of the mixed acetic and tar- taric esters of mono- and diglycerides of fatty acids, their use may be authorized by including them under E 472 (f); Whereas the reference to polyphosphates (E 450) in the aforementioned Annex 1 must be worded more pre- cisely to take account of commercial practice; Whereas the criteria of purity for carrageenan (E 407) are also applicable to furcelleran (E 408); whereas therefore E 408 is not now necessary; Whereas tamarind seed flour (E 411) and stearoyl-2-lac- tylic acid (E 480) are no longer commercially available for use in foodstuffs; (1) OJ No C 266, 7. 11. 1977, p. 45. (3) OJ No C 59, 8. 3. 1978, p. 41. (®) OJ No L 189, 12. 7. 1974, p. 1. Whereas ethylcellulose (E 462) has no technical func- tion as an emulsifier, stabilizer, thickener or gelling agent; : Whereas the addition of sugars as defined in Directive 73/437/EEC (*) _is necessary, especially in the case of carrageenan (E 407), pectin (E 440 (a)) and amidated pectin (E 440 (b)), in order to ensure that users are supplied with a product having a constant gelling power; Whereas it is appropriate to use for these products, as the case may be, the designations ‘carrageenan’, ‘pectin’ or ‘amidated pectin’; whereas, however, the user of these products should be informed of the presence of the added sugars, though it is impractical to require a statement of the quantity of sugar utilized, which may vary according to the natural gelling properties of the substances concerned, HAS ADOPTED THIS DIRECTIVE: Article 1 The following shall be added to Article 2 of Directive 74/329/EEC: ‘3. However, as regards the substance referred to in Annex I under E 440 (b), the Council, acting in accordance with the procedure provided for in Article 100 of the Treaty, may decide, before 31 December 1982 and after an enquiry by the Commission, to delete it from that Annex or other- wise to change its status.’. Article 2 Article 6 of Directive 74/329/EEC shall be amended as follows: 1. The third indent of paragraph 1 (a) shall be replaced by the following: ‘— they shall not contain more than 50 mg/kg of copper and zinc taken together of which the (*) OJ No L 356, 27. 12. 1973, p. 71.