This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COUNCIL DIRECTIVE
of 11 December 1973
on the approximation of the laws of the Member States concerning certain sugars intended for human consumption
(73/437/EEC)
(OJ L 356, 27.12.1973, p. 71)
Amended by:
Official Journal
No page date
"A1 Act of Accession of Greece L 291 17 19.11.19791973L0437 — EN — 01.01.1981 — 001.001 — 1
COUNCIL DIRECTIVE
of 11 December 1973
on the approximation of the laws of the Member States concerning
certain sugars intended for human consumption
(73/437/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Commitee (2);
Whereas the laws, regulations and administrative provisions in force in the
Member States define certain categories of sugar, give the definitions andcharacteristics of composition applicable thereto, and lay down rules for thelabelling and packing of these products;
Whereas the differences between national provisions are such as may impede
the free movement of these products and create unfair competition;
Whereas, also, the smooth running of the common organization of the market
in sugar (sucrose) requires that the various qualities of this product placed on
the market, their composition characteristics and the rules for their labellingand packing should be determined at Community level;
Whereas the choice of means for the taking of samples, and the methods of
analysis necessary for checking the composition and manufacturing char-acteristics of products in question, are practical measures of a technical nature
and whereas their adoption should be entrusted to the Commission in order to
simplify and expedite the procedure;
Whereas in all the cases in which the Council confers on the Commission
authority to implement rules drawn up in the foodstuffs sector a procedureshould be laid down establishing a close cooperation between the Member
States and the Commission within the Standing Committee on Foodstuffs set
up by the Council Decision of 13 November 1969 (
3);
Whereas the establishment of a total residual sulphur dioxide content for the
products covered by this Directive, necessitates an adaptation of productionconditions in some Member States such that a transitional period must be laiddown in order to allow the necessary adaptations; whereas in respect of
glucose syrup, whether dehydrated or not, the derogations thus laid down shall
apply to the whole of the Community; whereas in respect of other productsthese derogations may be limited to the Member States which so desire,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Within the meaning of this Directive:
1.Semi-white sugar
means purified and crystallized sucrose, of sound and fair marketable
quality with the following characteristics:
(a) polarization not less than 99.5/omikron
(b) invert sugar content not more than 0.10 % by weight
(c) loss on drying not more than 0.10 % by weight
(d) residual sulphur dioxide con-
tentnot more than 15 mg/kg.!B
(1) OJ No C 101, 4. 8. 1970, p. 33.
(2) OJ No C 146, 11. 12. 1970, p. 20.
(3) OJ No L 291, 19. 11. 1969, p. 9.1973L0437 — EN — 01.01.1981 — 001.001 — 2
2.Sugar or white sugar
means purified and crystallized sucrose, of sound and fair marketable
quality, with the following characteristics:
(a) polarization not less than 99.7/omikron
(b) invert sugar content not more than 0.04 % by weight
(c) loss on drying not more than 0.10 % by weight
(d) residual sulphur dioxide con-
tentnot more than 15 mg/kg
(e) type of colour not more than 12 points determined
according to Annex under (a).
3.Extra white sugar
means the product having the characteristics referred to in point 2(a) to
(d) and in respect of which the total number of points determined
according to the provisions of the Annex does not exceed a total of 8 ornot more than:
— 4 for the colour type— 6 for the ash content
— 3 for the colour in solution.
4.Sugar solution
means the aqueous solution of sucrose with the following characteristics:
(a) dry matter not less than 62 % by weight
(b) invert sugar content (ratio of
fructose to dextrose: 1.0±0.2)not more than 3 % by weight of dry
matter
(c) conductivity ash not more than 0.1% by weight of dry
matter, determined according to the
Annex under (b)
(d) colour in solution not more than 45 ICUMSA units deter-
mined according to the Annex under (c)
(e) residual sulphur dioxide con-
tentnot more than 15 mg/kg of dry matter.
5.Invert sugar solution
means the aqueous solution of sucrose partially inverted by hydrolysis, in
which the proportion of invert sugar does not predominate, with the
following characteristics:
(a) dry matter not less than 62 % by weight
(b) invert sugar content (ratio of
fructose to dextrose: 1.0±0.1)more than 3 % but not more than 50 %,
by weight of dry matter
(c) conductivity ash not more than 0.4% by weight of dry
matter determined according to the
Annex under (b)
(d) residual sulphur dioxide con-
tentnot more than 15 mg/kg of dry matter.
6.Invert sugar syrup
means the aqueous solution, possibly crystallized, of sucrose partially
inverted by hydrolysis, in which the proportion of invert sugar ispredominant, with the following characteristics:
(a) dry matter not less than 62 % by weight
(b) invert sugar content (ratio of
fructose to dextrose: 1.0±0.1)more than 50 % by weight of dry matter!B1973L0437 — EN — 01.01.1981 — 001.001 — 3
(c) conductivity ash not more than 0.4% by weight of dry
matter determined according to theAnnex under (b)
(d) residual sulphur dioxide con-
tentnot more than 15 mg/kg of dry matter.
7.Glucose syrup
means the purified and concentrated aqueous solution of nutritive
saccharides obtained from starch, with the following characteristics:
(a) dry matter not less than 70 % by weight
(b) dextrose equivalent not less than 20 % by weight of dry
matter and expressed as D-glucose
(c) sulphated ash not more than 1.0% by weight of dry
matter
(d) total sulphur dioxide content:
— in general not more than 20 mg/kg
— for use exclusively in
sugar confectionary pro-ductsthe Member States may, without preju-
dice to the national or Communityprovisions which determine the maxi-mum sulphur dioxide content for the
various confectionary products, fix the
tolerance for glucose syrup offered forsale in their own territory at more than20 mg/kg but not more than 400 mg/kg
— for use in other specified
foodstuffsthe Member States may, in accordance
with national provisions governing these
foodstuffs, and without prejudice toCommunity provisions, fix the tolerancesfor glucose syrup offered for sale in theirown territory at more than 20 mg/kg, butnot more than 400 mg/kg provided thatthese tolerances are justified by techno-
logical requirements.
8.Dried glucose syrup
means glucose syrup partially dried with the following characteristics:
(a) dry matter not less than 93 % by weight
(b) dextrose equivalent not less than 20 % by weight of dry
matter expressed as D-glucose
(c) sulphated ash not more than 1.0% by weight of dry
matter
(d) total sulphur dioxide content:
— in general not more than 20 mg/kg— for use exclusively in
sugar confectionarynot more than 150 mg/kg. This tolerance,
however, shall not affect national or
Community provisions which fix themaximum sulphur dioxide content forthe various confectionery products
— for use in other specified
foodstuffsthe Member States may, in accordance
with national provisions governing these
foodstuffs, and without prejudice toCommunity provisions, fix the tolerancesfor glucose syrup offered for sale in theirown territory at more than 20 mg/kg butnot more than 150 mg/kg provided thatthese tolerances are justified by techno-
logical requirements.
9.Dextrose monohydrate!B1973L0437 — EN — 01.01.1981 — 001.001 — 4
means purified and crystallized D-glucose containing one molecule of
water of crystallization, with the following characteristics:
(a) dextrose (D-glucose) not less than 99.5% by weight of dry
matter
(b) dry matter not less than 90.0% by weight
(c) sulphated ash not more than 0.25 % by weight of dry
matter
(d) total sulphur dioxide content not more than 15 mg/kg.
10.Dextrose anhydrous
means purified and crystallized D-glucose not containing water of
crystallization, with the following characteristics:
(a) dextrose (D-glucose) not less than 99.5% by weight of dry
matter
(b) dry matter not less than 98.0% by weight
(c) sulphated ash not more than 0.25 % by weight of dry
matter
(d) total sulphur dioxide content not more than 15 mg/kg.
Article 2
Member States shall take all measures necessary to ensure that the products
referred to in Article 1 may be offered for sale only if they conform to thedefinitions and rules laid down in this Directive and in the Annex thereto.
Article 3
1. The names listed in Article 1 shall be applied only to the products defined
therein and must be used in trade to designate them; the description referredto in Article 1 (2) may also be used to designate the product defined in Article
1 (3).
Furthermore, the description ‘white’ shall be reserved:(a) for sugar solution where the colour in solution does not exceed 25
ICUMSA units, determined according to the method provided for in the
Annex, under (c);
(b) for invert sugar solution and for invert sugar syrup of which:
— the ash content does not exceed 0.1%
— the colour in solution does not exceed 25 ICUMSA units determined
according to the method provided for in the Annex under (c).
2. The provisions of paragraph 1 shall not however affect arrangements
whereby these names can be used, additionally, in accordance with custom, toindicate other products, which cannot be confused with those defined in
Article 1.
3. Moreover, as regards the use of the word ‘sugar’ without any other
qualifying term, paragraph 1 shall apply only to direct trade in food sugars assuch, and not to compound products in which such sugars have been used.
Article 4
By way of derogation from Article 1, points (7) and (8), a maximum residual
sulphur dioxide content equivalent to 40 mg/kg in the products defined in the
aforementioned points shall be authorized for a period of three years from the
notification of this Directive.!B1973L0437 — EN — 01.01.1981 — 001.001 — 5
Article 5
By way of derogation from Article 1, points (1), (2), (3), (4), (5), (6), (9) and
(10) and for a period of five years from the notification of this Directive,
Member States may continue to apply national provisions authorizing a
maximum residual sulphur dioxide content up to 20 mg/kg in respect ofproducts marketed in their territory.
Article 6
Without prejudice to any relevant national provisions, the products referred to
in Article 1, points (7) and (8), which contain a quantity of sulphur dioxideexceeding 20 mg/kg may not be offered for retail sale.
Article 7
The products referred to in Article 1:
— may not be submitted to the blueing process,— may contain colorants in so far as they are intended for use in other
foodstuffs, in accordance with the provisions applicable to the saidfoodstuffs and to the use of colouring agents therein.
Article 8
1. The products referred to in Article 1, points (1) to (3) when packed at a
net individual weight of between 100 g and 5 kg shall be offered for sale only
at the following individual net weights: 125 g, 250 g, 500 g, 750 g, 1 kg,
1.5kg, 2 kg, 2.5kg, 3 kg, 4 kg and 5 kg.
2. On a transitional basis, for a period of not more than five years after
notification of this Directive, weights, net or gross, other than those listed inparagraph 1 shall also be allowed if these weights comply with the nationalprovisions in force or with practices existing at the time of notification of this
Directive.
Article 9
1. The only information which is compulsory on the packages, containers or
labels of the products defined in Article 1 shall be the following:
(a) the description by which the products are designated in Article 1;
however:
— the expressions ‘monohydrate’ and ‘anhydrous’ shall be optional for
the retail trade description of the products defined in Article 1, points
(9) and (10),
— the qualifying expression ‘includes colouring agents’ shall be
obligatory in the description of products containing colouring agents,in conformity with Article 6, and the term ‘white’ shall be prohibited
in this case;
(b) the net weight, unless the products weigh less than 50 g; this exception
shall not apply to products weighing less than 50 g each presented in
packages containing 2 or more such products whose net weight inclusiveof packaging is not less than 50 g, in which case, the total net weight ofthe products contained in the outer package must be indicated thereon;
however, as regards the products referred to in Article 1, points (1), (2),
(3), (9) and (10) the indication of net weight may be replaced by that ofthe minimum net weight if the products are offered for sale in pieces or insmall sachets;
(c) the name or trade name and the address or registered office of the
manufacturer or packer, or of a seller established within the Community;
this provision does not affect the right of the manufacturer to require that
either his name or his trade name be mentioned;
(d) an indication of the true content of dry matter and invert sugar in the case
of sugar solution, invert sugar solution, and invert sugar syrup;
(e) the qualifying term ‘crystallized’ for invert sugar syrup incorporating
crystals in the solution;!B1973L0437 — EN — 01.01.1981 — 001.001 — 6
(f) the description of glucose syrup or dried glucose syrup of which the
sulphur dioxide content exceeds 20 mg/kg or, in the circumstancesreferred, to in Article 4, exceeds 40 mg/kg, shall be followed by areference to the foodstuff for the manufacture of which it is intended, the
maximum sulphur dioxide content of the product being indicated on the
accompanying documents.
2. The specifications referred to in paragraph 1 must be conspicuous,
clearly legible and indelible.
3. The provisions of paragraph 1 shall not preclude the products defined in
Article 1 bearing, in addition to the obligatory description, other descriptions
current in the various Member States provided that the latter descriptions are
not liable to mislead consumers.
4. Where the products defined in Article 1 are made up into packages or in
containers of a net weight equal to or exceeding 10 kg and are not offered for
retail sale, the descriptions referred to in paragraph 1 (b), (d), (e) and (f) mayif desired appear only on the accompanying documents.
5. By way of derogation from paragraph 1, and without prejudice to the
provisions to be adopted by the Community on the labelling of foodstuffs,Member States may retain national provisions which require indication of:
(a) the factory, in respect of home production;
(b) the country of orign, although this information may not be required for
products manufactured within the Community.
6. Member States shall refrain from stating, apart from what is laid down in
paragraphs 1 and 2, how the information referred to in paragraph 1 is to begiven. However, Member States may forbid trade on their territory in the
products defined in Article 1 if the markings laid down in paragraph 1 (a), (d),
(e) and (f) are not shown on one side of the wrapping or container in thenational language or languages or, as provided in paragraph 4, in theaccompanying documents.
However, in Ireland and the United Kingdom during the transitional period
provided for in Article 8 (2) any weights other than metric shall, if thoseMember States so require, be labelled with their metric equivalents.
7. Paragraphs 1 to 6 shall apply without prejudice to the provisions to be
laid down by the Community on labelling.
Article 10
1. Member States shall adopt all the necessary measures to ensure that trade
in the products referred to in Article 1, which comply with the definitions and
rules laid down in this Directive and the Annex thereto, shall not be impeded
by the application of national non-harmonized provisions governing thecomposition, manufacturing specifications, packaging or labelling of theseproducts in particular or of foodstuffs in general.
2. Paragraph 1 shall not be applicable to non-harmonized provisions
justified on grounds of:
— protection of public health,
— repression of frauds, unless such provisions are liable to impede the
application of the definitions and rules laid down by this Directive,
— protection of industrial and commercial property, of indications of
source, applications of origin and the repression of unfair competition.
Article 11
The sampling procedures and methods of analysis needed to verify the rules
relating to the composition and manufacturing specifications of the products
defined in Article 1 shall be determined in accordance with the procedure laid
down in Article 12.!B1973L0437 — EN — 01.01.1981 — 001.001 — 7
Article 12
1. Where the procedure laid down in this Article is to be followed, the
matter shall be referred to the Standing Committee on Foodstuffs, set up by
the Council Decision of 13 November 1969 (hereinafter called ‘the
Committee’) by its Chairman, either on his own initiative or at the requestof a representative of a Member State.
2. The representative of the Commission shall submit to the Committee a
draft of the measures to be taken. The Committee shall give its opinion on thatdraft within the time limit set by the Chairman having regard to the urgency of
the matter. Opinions shall be adopted by a majority of
"A1forty-five 3
votes the votes of the Member States being weighted as provided in Article
148 (2) of the Treaty. The Chairman shall not vote.
3. (a) Where the measures envisaged are in accordance with the opinion of
the Committee, the Commission shall adopt them.
(b) Where the measures envisaged are not in accordance with the
opinion of the Committee, or if no opinion is delivered, the
Commission shall without delay submit to the Council a proposal on
the measures to be taken. The Council shall act by a qualifiedmajority.
(c) If, within three months of the proposal being submitted to it, the
Council has not acted, the proposed measures shall be adopted by theCommission.
Article 13
The provisions of Article 12 shall apply for a period of eighteen months from
the date on which the matter was first referred to the Committee, under
Article 12 (1).
Article 14
This Directive shall not apply to:
(a) products defined in Article 1 in so far as they take the following forms:
— impalpable sugars,— candy sugars,— sugars in loaf form;
(b) products intended for export to countries outside the Community.
Article 15
Member States shall, if necessary, within one year following the notification
of this Directive, amend their laws in accordance with the provisions of this
Directive and shall forthwith inform the Commission thereof. The laws thusamended shall apply to the products offered for sale in the Member States twoyears after the notification of this Directive.
Article 16
This Directive is addressed to the Member States.!B1973L0437 — EN — 01.01.1981 — 001.001 — 8
ANNEX
Method of determining the colour type, ash content, and the colour in solution of
sugar (white) and of extra-white sugar defined in Article 1 (2) and (3)
A ‘point’ corresponds:
(a) in the case of the colour type, to 0.5units, calculated by the method of the
Brunswick Institute for Agricultural and Sugar Industry Technology as set out in A,paragraph (2) of the Annex to Commission Regulation (EEC) No 1265/69 (
1)o f1
July 1969 establishing methods for determining the quality of sugar bought in byintervention agencies;
(b) in the case of ash content, to 0.0018 % calculated by the method of the
International Commission for Uniform Methods of Sugar Analysis (ICUMSA) asset out in A, paragraph (1) of the Annex to the said Regulation;
(c) in the case of the colour in solution, to 7.5units calculated by the ICUMSA method
as set out in A, paragraph (3) of the Annex to the said Regulation.!
B
(1) OJ No L 163, 4. 7. 1969, p. 1.1973L0437 — EN — 01.01.1981 — 001.001 — 9