HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 289/58
EN
Official Journal of the European Union
31.10.2013
COMMISSION REGULATION (EU) No 1068/2013
of 30 October 2013
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the
Council as regards the use of diphosphates (E 450), triphosphates (E 451) and polyphosphates
(E 452) in wet salted fish
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(5)
Fish can be cured and preserved by adding high levels of
salt to the raw material. The salting process has been
developed from a single step to a multi-step process,
involving a pre-salting step which allows a shorter
salting time and a relatively homogenous salt concen
Having regard to the Treaty on the Functioning of the European
tration in the fish muscle. For this, fish is first pre-
Union,
salted by injection and/or brine salting with a prepared
brine with a controlled salt concentration. After that fish
is dry salted (i.e. curing) to get the right salt concen
tration in the end product.
Having regard to Regulation (EC) No 1333/2008 of the
European Parliament and of the Council of 16 December
2008 on food additives ( 1 ), and in particular Article 10(3) and
Article 30(5) thereof,
(6) During
this
long
preservation
oxidation
can
still
occur,
in
particular of the lipids present in the fish muscle. This
will lead to a change in colour and flavour. The oxidation
is accelerated by the metal ions present in the fish muscle
Whereas:
and used salt. Because they form chemical complexes
with metals ions, diphosphates (E 450), triphosphates
(E 451) and polyphosphates (E 452) have been proven
to be most effective to protect the salted fish against
oxidation. Most of the added phosphates and the salt
(1) Annex
II
to
Regulation
(EC)
No
1333/2008
lays
down
a
are removed by the soaking with water before
Union list of food additives approved for use in foods
consumption. The water content in the final wet salted
and their conditions of use.
product is not increased by this use of the phosphates.
Salted fish of which the original colour and taste have
been preserved is in particular demanded by the markets
in Spain, Italy and Greece.
(2) That
list
may
be
amended
in
accordance
with
the
procedure referred to in Regulation (EC) No
1331/2008 of the European Parliament and of the
Council of 16 December 2008 establishing a common
(7)
According to Article 3 in conjunction with Article 6(4)
authorisation procedure for food additives, food enzymes
of Directive 2000/13/EC of the European Parliament and
and food flavourings ( 2 ).
of the Council of 20 March 2000 on the approximation
of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs ( 3 ) the use of
phosphates in wet salted fish, has to be labelled in the list
of ingredients. Food business operators may also mark
(3) Pursuant
to
Article
3(1)
of
Regulation
(EC)
No
on their products that polyphosphates have not been
1331/2008, the Union list of food additives may be
used.
updated either on the initiative of the Commission or
following an application.
(8) As
most
of
the
added
phosphates
are
removed
during
the
(4)
An application for authorisation of the use of diphos
soaking with water, the exposure of the consumer to the
phates (E 450), triphosphates (E 451) and polyphos
phosphates will be minimal and is for that reason not
phates (E 452) in wet salted fish was submitted on
liable to have an effect on human health. It is therefore
19 June 2009 and has been made available to the
appropriate to allow the use of diphosphates (E 450),
Member States.
triphosphates (E 451) and polyphosphates (E 452) for
the preservation of wet salted fish.
( 1 ) OJ L 354, 31.12.2008, p. 16.
( 2 ) OJ L 354, 31.12.2008, p. 1.
( 3 ) OJ L 109, 6.5.2000, p. 29.

---

EN
31.10.2013 Official
Journal
of
the
European
Union L
289/59
(9) Pursuant
to
Article
3(2)
of
Regulation
(EC)
No (11) In order to further assess the impact on the availability of
1331/2008, the Commission is to seek the opinion of
wet salted fish for the production of bacalhau, the
the European Food Safety Authority in order to update
Commission will, during three years, monitor the use
the Union list of food additives set out in Annex II to
of polyphosphates in the main salted cod producing
Regulation (EC) No 1333/2008, except where the update
countries.
in question is not liable to have an effect on human
health. Since the authorisation of use of diphosphates
(E 450), triphosphates (E 451) and polyphosphates (E
(12) Following
the
above,
Annex
II
to
Regulation
(EC)
No
452) for the preservation of wet salted fish constitutes
1333/2008 should be amended accordingly.
an update of that list which is not liable to have an effect
on human health, it is not necessary to seek the opinion
(13) The
measures
provided
for
in
this
Regulation
are
in
of the European Food Safety Authority.
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
(10) Bacalhau
or
Portuguese
cod
is
produced
by
further
drying
wet salted fish. The use of polyphosphates could
influence this drying process. In addition, this use
HAS ADOPTED THIS REGULATION:
could also hamper the development of the typical
colour and taste of bacalhau. Salted fish that is treated
Article 1
with phosphates would therefore not be desired by the
producers of traditional bacalhau. In order to allow the
Annex II to Regulation (EC) No 1333/2008 is amended in
traditional bacalhau producers to adapt to the situation
accordance with the Annex to this Regulation.
where fish treated with phosphates can be placed on the
market a transitional period should be proposed. During
Article 2
this period the traditional bacalhau producers may make
agreements with suppliers and become familiar with
This Regulation shall enter into force on the twentieth day
analytical methods that can be used for controlling the
following that of its publication in the Official Journal of the
presence of added phosphates in the fish.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 2013.
For the Commission
The President
José Manuel BARROSO

---

L 289/60
ANNEX
In Part E of Annex II to Regulation (EC) No 1333/2008 the following entries are inserted in the food category 09.2 ‘Processed fish and fishery products including molluscs and crustaceans’ after the entry for
E 392:
‘E 450 Diphosphates 5
000 (4),
(79) only
salted
fish
of
the Gadidae family that have been pre-salted by injecting and/or Period of application:
EN
brine salting with an at least 18 % salt solution and often followed by dry salting from 31 December 2013

E 451 Triphosphates 5
000 (4),
(79) only
salted
fish
of
the Gadidae family that have been pre-salted by injecting and/or Period of application:
brine salting with an at least 18 % salt solution and often followed by dry salting from 31 December 2013
E 452 Polyphosphates 5
000 (4),
(79) only
salted
fish
of
the Gadidae family that have been pre-salted by injecting and/or Period of application:
brine salting with an at least 18 % salt solution and often followed by dry salting from 31 December 2013
(4): The maximum level is expressed as P 2O 5
Off
icial
(79): The maximum level applies to the sum of E 450, E 451 and E 452 used individually or in a combination’
Jour
nal
of
the
European
Union
31.10.2013

---

Document Outline

• �

---