COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council amending Directive 94/35/EC on sweeteners for use in foodstuffs

2002/0152 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council amending Directive 94/35/EC on sweeteners for use in foodstuffs

1. BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM(2002)375 final - 2002/0152 (COD)): // 11 July 2002

Date of the opinion of the European Economic and Social Committee: // 11 December 2002

Date of the opinion of the European Parliament, first reading: // 10 April 2003

Date of transmission of the amended proposal: // 16 May 2003

Date of political agreement (unanimity): // 19 May 2003

Date of adoption of the common position: // 25 June 2003

2. OBJECTIVE OF THE COMMISSION PROPOSAL

The Commission proposal aims at adapting Directive 94/35/EC on sweeteners for use in foodstuffs to recent technical and scientific developments. To this end it foresees:

- To authorise two new sweeteners, sucralose and the salt of aspartame and acesulfame, after favourable opinions by the Scientific Committee on Food (SCF).

- To reduce the intake of an already authorised sweetener, cyclamate, following an opinion of the SCF lowering the ADI (Acceptable Daily Intake) for this substance.

- To confer on the Commission the power to decide whether a substance should be considered as a sweetener according to the Directive.

- To clarify the meaning of the food category 'fine bakery wares for special nutritional uses' that is not interpreted in a homogeneous manner by Member States.

3. COMMENTS ON THE COMMON POSITION

3.1 General remarks

The common position is based on the amended Commission proposal that took several amendments proposed by the European Parliament into account. It has been adopted by the Council by unanimity.

The Commission accepted 2 amendments adopted by the European Parliament at its first reading. Of these 2 amendments, the common position takes one into account. The common position does not include European Parliament amendments that were rejected by the Commission. Additional changes have been included in the common position as a result of discussions in the Council.

Furthermore, as explained below, the Commission and the Council have moved towards the European Parliament concerning the maximum permitted level for cyclamates in soft drinks and milk and juice based drinks.

3.2 Amendments of the European Parliament in first reading

The Commission accepted two amendments of the European Parliament without changes: One concerning the recital on cyclamates and the other concerning the delays for the transposition of the Directive. The common position takes over the amendment concerning the recital on cyclamates.

The Parliament adopted a further amendment lowering the maximum permitted dose for cyclamate for soft drinks to 100 mg/l and extending this reduction to milk and juice based drinks. The Commission could not accept the value voted by the Parliament. However, the Commission proposed in its amended proposal a further reduction and extended this reduction to milk and juice based drinks (250 mg/l). The common position follows the Commission amended proposal in this matter.

3.3 Additional changes included in the common position

Comitology

The Commission proposal foresees to confer on the Commission the power to decide whether a substance should be considered as a sweetener according to the Directive. The common position proposes to confer on the Commission additionally the power to decide if a sweetener is correctly used according to the quantum satis principle (i.e. in accordance with good manufacturing practice). The Commission can support this change.

Labelling of the salt of aspartame and acesulfame

The sweetener Directive stipulates that the labelling of a table-top sweetener containing aspartame must bear the warning 'contains a source of phenylalanine'. The common position proposes to make explicit that this warning must also appear on the labelling of a table-top sweetener containing the salt of aspartame and acesulfame. Although the Commission considers that the provisions in the Directive already cater for this, the Commission can accept this clarification.

Transposition period

The common position deviates from the Commission amended proposal in foreseeing a delay of 18 months instead of 12 months for the prohibition of trade in and use of products not conforming to this Directive. The Commission can accept this.

Adaptation of the designation of certain food categories

The designations of certain food categories in Directive 94/35/EC have been adapted in the common position to take account of Directive 2002/46/EC relating to food supplements and of specific Directives adopted for some groups of foodstuffs listed in Annex I of Council Directive 89/398/EC on foods for special nutritional purposes. The Commission agrees with these adaptations.

Concerning the renaming of the food category 'fine bakery wares for special nutritional uses' the Council could not agree on the Commission proposal nor on an alternative wording. Therefore, the common position does not take up the Commission proposal to clarify the wording of this food category. The Commission can accept this.

4. CONCLUSION

In the light of the above comments, the Commission agrees with the common position by the Council with a view of the adoption of a Directive of the European Parliament and of the Council amending Directive 94/35/EC on sweeteners for use in foodstuffs.

5. COMMISSION DECLARATIONS

The Commission's declarations to the minutes of the Council are attached in Annex to this communication.

ANNEX COMMISSION DECLARATIONS

Ad Annex point 4(a)

"The Commission undertakes to keep under review the maximum usable doses of E 952 cyclamic acid and its sodium and calcium salts taking account inter-alia of information on intakes from Member States."

Ad Annex point 5

"The Commission undertakes to examine within a period of four years the sucralose consumption study results provided by the Member States in accordance with the procedures followed for the report on food additive consumption submitted in October 2001."