18.1.2011 Official Journal of the European Union L 13/59 DIRECTIVES COMMISSION DIRECTIVE 2011/3/EU of 17 January 2011 amending Directive 2008/128/EC laying down specific purity criteria on colours for use in foodstuffs (Text with EEA relevance) THE EUROPEAN COMMISSION, authorised comply with safe conditions of use, Directive 2008/128/EC should therefore be amended. Having regard to the Treaty on the Functioning of the European Union, (4)  The European Food Safety Authority (hereinafter ‘the Authority’) has assessed the information on the safety in use of lycopene as a food colour from all sources in its opinion of 30 January 2008 (°). The sources that were considered were the following: (a) E160d Lycopene obtained by solvent extraction of the natural strains of red tomatoes (Lycopersicon esculentum L.) with subsequent removal of the solvent, (b) synthetic lycopene and (c) lycopene from Blakeslea trispora. Having regard to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ('), and in particular Article 30(5) thereof, After consulting the European Food Safety Authority (EFSA), Current legislation lays down specifications only for lycopene of red tomatoes and needs to be modified respectively by including the other two sources. Specifi- cations of lycopene extracted from red tomatoes need also to be updated. Dichloromethane does not need to Whereas: (5) (1)  Commission Directive 2008/128/EC (3 sets out the specific purity criteria concerning colours for use in foodstuffs, which colours are mentioned in European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (3). (2)  Under Article 30(4) of Regulation (EC) No 1333/2008 specifications of the food additives covered under paragraphs 1 to 3 of that Article (which include also additives authorised under Directive 94/36/EC) shall be adopted, in accordance with Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (¥), at the moment those food additives are entered in the Annexes in accordance with those paragraphs. (3)  Since the lists have not yet been drawn up, and in order to ensure that the modification of the Annexes to Directive 94/36/EC pursuant to Article 31 of Regulation (EC) No 1333/2008 is effective and that additives so ) OJ L 354, 13.12.2008, p. 16. ) OJ L 6, 10.1.2009, p. 20. ) OJ L 237, 10.9.1994, p. 13. ) O] L 354, 31.12.2008, p. 1. ) ©) be listed in the list of the extraction solvents, as it is not used any more for lycopene of red tomatoes, according to the information received from stakeholders. Maximum limit for lead needs to be lowered due to safety reasons, and the reference on heavy metals is too generic and not relevant any more. In addition the reference on natural strains needs to be updated according to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (). Dichloromethane (methylene chloride) is being reported to be used for manufacturing ready-to-sale formulations of lycopene, mentioned also in the Authority’s opinion Scientific opinion of the panel on Food Additives, Flavourings, Processing Aids and Materials in Contact with Food on a request from the European Commission to provide a scientific opinion on the safety of use of 1. lycopene obtained from a fermentation process with Blakeslea trispora as a food colour in the food categories and use levels as proposed by the applicant and 2. synthetic lycopene as a food colour in the food categories listed in Annex II and Annex V, part 2 to Directive 94/36/EC on food colours for use in foodstuffs, 3. taking into account the various requests concerning lycopene currently under consideration including the re-evaluation of lycopene from tomatoes as part of the systematic re-evaluation of all food colours. The EFSA Journal (2008) 674, 1-66. OJ L 268, 18.10.2003, p. 1.