DRAFT MOTION FOR A RESOLUTION - European ...
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European Parliament
2019-2024
Committee on the Environment, Public Health and Food Safety
2021/2516(RSP)
27.1.2021
DRAFT MOTION FOR A
RESOLUTION
pursuant to Rule 112(2) and (3) of the Rules of Procedure
on the draft Commission implementing regulation concerning the non-approval
of Capsicum annuum L. var. annuum, longum group, cayenne extract as a basic
substance in accordance with Regulation (EC) No 1107/2009 of the European
Parliament and of the Council concerning the placing of plant protection
products on the market
(D070997/01 – 2021/2516(RSP))
Committee on the Environment, Public Health and Food Safety
Member responsible: Joëlle Mélin
RE\1222593EN.docx PE663.295v01-00
EN United in diversity ENB9-0000/2021
European Parliament resolution on the draft Commission implementing regulation
concerning the non-approval of Capsicum annuum L. var. annuum, longum group,
cayenne extract as a basic substance in accordance with Regulation (EC) No 1107/2009
of the European Parliament and of the Council concerning the placing of plant
protection products on the market
(D070997/01 – 2021/2516(RSP))
The European Parliament,
– having regard to the draft Commission implementing regulation concerning the non-
approval of Capsicum annuum L. var. annuum, longum group, cayenne extract as a
basic substance in accordance with Regulation (EC) No 1107/2009 of the European
Parliament and of the Council concerning the placing of plant protection products on the
market (D070997/01),
– having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the
Council of 21 October 2009 concerning the placing of plant protection products on the
market and repealing Council Directives 79/117/EEC and 91/414/EEC1, and in
particular Article 23(5) and Article 13(2) thereof,
– having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European
Parliament and of the Council of 16 February 2011 laying down the rules and general
principles concerning mechanisms for control by Member States of the Commission’s
exercise of implementing powers2,
– having regard to Rule 112(2) and (3) of its Rules of Procedure,
– having regard to the motion for resolution of the Committee on the Environment, Public
Health and Food Safety,
Origin of Capsicum annuum and capsaicin
A. whereas Capsicum annuum is a species of the plant genus Capsicum native to
southern North America and northern South America;
B. whereas Capsicum annuum is the most common and extensively cultivated species of
the five domesticated capsicums;
C. whereas Capsicum annuum encompasses a wide variety of shapes and sizes of
peppers, both mild and hot, such as bell peppers, jalapeños, New Mexico chili, and
cayenne peppers, which are widely used for culinary purposes;
D. whereas capsaicin is an active component of chilli peppers, which are plants
1
OJ L 309, 24.11.2009, p. 1.
2
OJ L 55, 28.2.2011, p. 13.
PE663.295v01-00 2/6 RE\1222593EN.docx
ENbelonging to the genus Capsicum;
E. whereas capsaicin is used as an analgesic in topical ointments and dermal patches to
relieve pain, typically in concentrations between 0,025 % and 0,1 %;
F. whereas capsaicin may be applied in cream form for the temporary relief of minor
aches and pains in muscles and joints, minor aches and pains associated with arthritis,
and of backache, strains and sprains, and is often found in compounds with other
rubefacients;
Authorisations
G. whereas paprika extract (E160c) is allowed within the Union as a food additive,
provided that it contains no more than 250 mg/kg of capsaicin3;
H. whereas saponified paprika (Capsicum annuum) extract (capsanthin) is allowed
within the Union as a feed additive for chickens, provided that it contains no more
than 250 mg/kg of capsaicin4;
I. whereas Capsicum frutescens from the Solanaceae family, which can be compared to
Capsicum annuum and also has a high capsaicin content, is allowed within the Union
as a novel food5;
J. whereas Capsicum annuum is in any case authorised for sale and marketing within the
Union for food and human consumption in the form of chilli peppers, which contain
capsaicin;
K. whereas Capsicum annuum fully complies with the ‘basic substance’ definition in
Article 23(1) of Regulation (EC) No 1107/2009, which states that a basic substance is
an active substance which is already authorised for other purposes, for example as a
foodstuff or a cosmetic, but which can also serve as a plant protection product;
Impact on health
L. whereas the European Food Safety Authority (EFSA) concluded6 that capsaicin has
been identified by the Scientific Committee on Food as having genotoxic potential,
and that there is also evidence that components of Capsicum annuum may have to be
classified as causing serious eye damage, harmful if swallowed and also as causing
3
Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives
listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ
L 83, 22.3.2012, p. 1); EFSA Scientific Opinion on the re-evaluation of paprika extract (E 160c) as a food
additive, EFSA Journal 2015;13(12):4320, https://efsa.onlinelibrary.wiley.com/doi/pdf/10.2903/j.efsa.2015.4320
4
Commission Implementing Regulation (EU) 2020/1418 of 6 October 2020 concerning the authorisation of
saponified paprika (Capsicum annuum) extract (capsanthin) as a feed additive for chickens for fattening, minor
poultry species for fattening, laying hens and minor poultry species for laying (OJ L 326, 8.10.2020, p. 7).
5
EU Novel food catalogue,
https://ec.europa.eu/food/safety/novel_food/catalogue/search/public/?event=home&seqfce=377&ascii=C
6
EFSA Technical Report on the outcome of the consultation with Member States and EFSA on the basic
substance application for approval of Capsicum annuum L. var. annuum, longum group, cayenne extract to be
used in plant protection as repellent to seed-eating mammals and birds, EFSA supporting publication
2020:EN-1838, https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/sp.efsa.2020.EN-1838
RE\1222593EN.docx 3/6 PE663.295v01-00
ENskin irritation;
M. whereas EFSA did not reach a conclusion on whether there is a risk to human health
from Capsicum annuum as a colorant or food supplement7;
N. whereas capsaicin is authorised for therapeutic purposes, notably as a cataplasm or in
skin patches;
Contribution to animal welfare and control of wild boar damage to crops
O. whereas the applicant requested the approval of Capsicum annuum L. var. annuum,
longum group, cayenne extract as a basic substance for use as a repellent to
seedeating mammals and birds, such as to repel wild boar from fields and prevent
damage to crops, by a gentle method that is less violent than hunting;
P. whereas approvals to use many rodent-repellent substances under Union plant
protection regulations have not been renewed in recent years;
Q. whereas approvals of repellent chemical substances have not been renewed due to
their toxicological properties, thus, the use of almost ten active substances is now
illegal;
R. whereas crop devastation by mammals is an increasingly worrying problem for
European farmers, in particular because of the proliferation of wild boar populations;
S. whereas farmers often have no other option than hunting as a means of fighting
against the ravage of crops by mammals;
T. whereas, recalling Commission Implementing Decision 2014/178/EU8, there is an
urgent need to combat the spread of African swine fever9 and repellent substances
help to limit the interactions between wild and domestic Suidae and therefore limit
the spread of disease;
U. whereas plant-based food substances, such as Capsicum annuum L. var. annuum,
longum group, cayenne extract, are preferred options for plant protection considering
their favourable toxicological characteristics;
Low-risk basic substance of biological origin
V. whereas the applicant requested the approval of Capsicum annuum L. var. annuum,
longum group, cayenne extract as a basic substance to develop its potential as a
repellent to seed-eating mammals and birds, and not as a product that would be
directly consumed by humans or animals;
W. whereas Parliament in its resolution of 15 February 2017 on low-risk pesticides of
7
EFSA Scientific Opinion on the re-evaluation of paprika extract (E 160c) as a food additive, EFSA Journal
2015;13(12):4320, https://efsa.onlinelibrary.wiley.com/doi/pdf/10.2903/j.efsa.2015.4320
8
Commission Implementing Decision 2014/178/EU of 27 March 2014 concerning animal health control
measures relating to African swine fever in certain Member States (OJ L 95, 29.3.2014, p. 47).
9
Commission Implementing Decision 2014/709/EU of 9 October 2014 concerning animal health control
measures relating to African swine fever in certain Member States and repealing Implementing Decision
2014/178/EU (OJ L 295, 11.10.2014, p. 63).
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ENbiological origin10 stressed the need to increase the availability of low-risk pesticides,
including low-risk plant protection products of biological origin in the Union, without
further delay;
X. whereas farmers need to have a bigger range of tools at their disposal to protect their
crops and to decide which measure will best and most sustainably protect their crops;
whereas, therefore, there should be a wider use of different tools, including low-risk
pesticides of biological origin, following the principles of integrated pest
management;
Y. whereas the need to increase the availability for organic farming of a range of pest
management options that comply with the requirements of both organic farming and
resource efficiency has to be considered;
Z. whereas Parliament in its resolution of 15 February 2017 called for the swift adoption
of the draft regulation amending Regulation (EC) No 1107/2009 regarding the criteria
for the approval of low-risk active substances that the Commission had submitted to
the PAFF Committee; whereas Parliament also called on the Commission to
continuously update the criteria in line with the most up-to-date scientific knowledge;
AA. whereas Parliament has clearly called on the Commission and the Member States to
accelerate the evaluation, authorisation, registration and monitoring of the use of low-
risk plant protection products of biological origin, while maintaining risk assessment
at a high level;
1. Considers that the draft Commission implementing regulation exceeds the
implementing powers provided for in Regulation (EC) No 1107/2009;
2. Considers that the draft Commission implementing regulation is not consistent with
Union law, in that it is not compatible with the aim and content of Regulation (EC)
No 1107/2009;
3. Calls on the Commission to withdraw its draft implementing regulation and to submit
a new draft to the committee;
4. Notes that this is not the first time that the Commission has ignored and rejected
applications for the approval of low-risk substances or pesticides of biological origin,
such as Vitis vinifera cane tannins which can serve as a natural fungicide on
grapevine or propolis extract, as a basic substance;
5. Reiterates the need to approve Capsicum annuum L. var. annuum, longum group,
cayenne extract as a basic substance;
6. Reiterates its call on the Commission to revise Regulation (EC) No 1107/2009 in
order to foster the development, authorisation and placing on the Union market of
low-risk pesticides of biological origin;
7. Instructs its President to forward this resolution to the Council and the Commission,
10
OJ C 252, 18.7.2018, p. 184.
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ENand to the governments and parliaments of the Member States.
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