COMMISSION OF THE EUROPEAN COMMUNITIES 
m C0MC90) 381 final - SYN 296 
Brussels, 11 September 1990 
Proposal for a 
COUNCIL DIRECTIVE 
on sweeteners for use in foodstuffs 
(presented by the Commission) 
- 2 -
Explanatory Memorandum 
Directive 89/107/EEC of 21 December 1988 states in article 3 paragraphs 1 and 
2 : 
" 1. Particular provisions in respect of the additives in the categories given 
in Annex I shall be laid down in a comprehensive directive, including 
existing specific directives. That directive may, however, be drawn up in 
stages. 
2. The Council shall, acting on a proposal from the Commission under the 
procedure laid down in article 100 A of the Treaty, adopt : 
(a) a list of additives the use of which is authorized to the exclusion 
of all others; 
(b) the list of foodstuffs to which these additives may be added, the 
conditions under which they may be added and, where appropriate, a 
limit on the technological purpose of their use; 
(c) the rules on additives used as carrier substances and solvents, 
including where necessary their purity criteria." 
- 3 -
In this context and considering the rapid market development and the 
increasing consumer demand for reduced energy food, action on sweeteners is 
called for as a priority. 
The Scientific Committee for Food has been consulted. Their opinions are 
published in the 16th and 21st series of the Reports of the Scientific 
Committee for Food. 
For those sweeteners for which specific acceptable daily intakes have been 
specified by the Scientific Committee for Food maximum levels are proposed. 
Where the Scientific Committee for Food considered that it was not necessary 
to numerically specify the acceptable daily intake the principle of "quantum 
satis" is applied. 
Specifications of identity and purity for sweeteners will be drawn up 
according to the procedure laid down in Article 11 of Directive 89/107/EEC. 
The Commission is presently examining the need for further mandatory labelling 
of certain sweeteners and foodstuffs containing these sweeteners. 
- 4 -
Proposal for a 
COUNCIL DIRECTIVE 
on sweeteners for use in foodstuffs 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 100a thereof, 
Having regard to the proposal from the Commission , 
2 In cooperation with the European Parliament , 
Having regard to the opinion of the Economic and Social Committee , 
Having regard to Council Directive 89/107/EEC of 21 December 1988 on the 
approximation of the laws of the Member States concerning food additives 
authorized for use in foodstuffs intended for human consumption , and in 
particular Article 3(2) thereof, 
After consultation of the Scientific Committee for Food, 
Whereas, differences between national laws relating to sweeteners and 
their conditions of use hinder the free movement of foodstuffs; whereas 
this situation may create conditions of unfair competition; 
Whereas the prime consideration for any rules on sweeteners and their con­
ditions of use should be the need to protect the consumer; 
OJ No L 40, 11.2.1989, p.27. 
- 5 -
Whereas, having regard to the most recent scientific and toxicological 
information, these substances are to be permitted only for certain 
foodstuffs and under certains conditions of use; 
Whereas this Directive is not intended to affect rules relating to functions 
other than the sweetening properties of the substances covered by this 
Directive; 
Whereas the Commission is to adapt Community provisions to bring them into 
line with the rules laid down in this Directive; 
Whereas the use of sweeteners to replace sugar is justified for the production 
of energy-reduced or sugar-free food and in some cases where the replacement 
of sugar extends the shelf life, 
- 6 -
HAS ADOPTED THIS DIRECTIVE I 
Article 1 
1. This Directive is a specific directive forming a part of the comprehensive 
directive within the meaning of Article 3 of Directive 89/107/EEC. 
2. This Directive shall apply to food additives which are used to impart a 
sweet taste to foodstuffs, hereinafter referred to as "sweeteners". 
3. This Directive shall not apply to foodstuffs with sweetening properties 
such as mono-, disaccharides and honey. 
- 7 -
Article 2 
1. Only sweeteners listed in the Annex may be used in foodstuffs. 
2. Sweeteners may only be used in those foodstuffs listed in the Annex under 
the conditions specified therein. 
3. Sweeteners may not be used in foods intended for particular nutritional 
use by infants and young children, except where specially provided for. 
4. Maximum levels indicated in the Annex refer to the ready-for-consumption 
foodstuffs prepared according to the manufacturer's instructions. 
Article 3 
This Directive shall apply without prejudice to specific directives 
permitting additives listed in the Annex to be used for functions other 
than sweetening. 
- 8 -
Article 4 
Where necessary, it may be decided by the procedure laid down in Article 6 
of this Directive, whether a particular foodstuff belongs to a category of 
foods mentioned in Article 2(3) and foodstuffs listed in the Annex. 
- 9 -
Article 5 
Any provision necessary to adapt existing Community provisions to the 
rules laid down in this Directive shall be adopted within 6 months of its 
notification according to the procedure laid down in Article 6 of this 
Di rective. 
Article 6 
Where the procedure laid down in this Article is to be followed, the 
matter shall be referred to the Standing Committee for Foodstuffs ("Committee") 
by the Chairman on his own initiative or at the request of the representative 
of a Member State. 
The representative of the Commission shall submit to the committee a draft 
of the measures to be taken. The committee shall deliver its opinion on 
the draft, within a time limit which the chairman may lay down according to 
the urgency of the matter, if necessary by taking a vote. 
The opinion shall be recorded in the minutes; in addition, each Member 
State shall have the right to ask to have its position recorded in the 
minutes. 
The Commission shall take the utmost account of the opinion delivered by 
the committee. It shall inform the committee of the manner in which its 
opinion has been taken into account. 
- 10 -
Article 7 
Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive not later 
than April 30, 1992 in order to : 
- allow trade in and use of products conforming to this Directive no later 
than April 30, 1992, 
- prohibit trade in and use of products not conforming to this Directive no 
later than April 30, 1993. 
They shall inform the Commission thereof. 
These provisions shall make express reference to this Directive. 
Article 8 
This Directive is addressed to Member States. 
Done at Brussels 
I Of the Council 
The President 
- 11 -
ANNEX 
Note : sugar free = without any added mono- and disaccharides. 
EEC N* 
E 420 
E 421 
E 953 
E 965 
E 966 
E 967 NAME 
Sorbitol 
(i) Sorbitol 
(ii) Sorbitol 
Mannitol 
I soma It 
Maltitol 
(i) Maltitol 
(ii) Maltitol 
syrup 
Lactitol 
Xylitol FOODSTUFFS MAXIMUM 
LEVEL 
All foodstuffs excluding water based flavoured 
non-alcoholic drinks quantum 
sat is 
- 12 -
EEC N' NAME 
E 950 Acesulfame K FOODSTUFFS 
Non-alcoholic drinks 
Energy reduced or sugar free water based 
flavoured drinks 
Energy reduced or sugar free dairy based drinks 
Energy reduced or sugar free fruit juice based drinks 
Desserts 
Energy reduced or sugar free water based desserts 
Energy reduced or sugar free dairy based desserts 
Energy reduced or sugar free fruit based desserts 
Energy reduced or sugar free egg based desserts 
Energy reduced or sugar free cereal based desserts 
Energy reduced or sugar free fat based desserts 
Breakfast cereals 
Edible Ices 
Energy reduced or sugar free edible ices 
Fruit 
Energy reduced or sugar free canned or bottled fruit 
Energy reduced jams, jellies, marmalades 
Energy reduced fruit preparations 
Sweet sour preserves of fruit MAXIMUM 
LEVEL 
350 mg/l 
350 mg/l 
350 mg/l 
350 mg/kg 
350 mg/kg 
350 mg/kg 
350 mg/kg 
350 mg/kg 
350 mg/kg 
350 mg/kg 
80C mg/kg 
350 mg/kg 
1000 mg/kg 
350 mg/kg 
200 mg/kg 
EEC N' NAME - 13 -
FOODSTUFFS MAXIMUM 
LEVEL 
Confectionery 
Sugar free confectionery 
Energy reduced or sugar free cocoa or nut based 
confectionery 
Energy reduced or sugar free starch based 
confectionery 
Energy reduced or sugar free cocoa, dairy, 
nut or fat based sandwich spreads 
Sugar free chewing gum 
Bakery products 
Fine bakery wares for special nutritional uses 
Fish, crustaceans, molluscs 
Sweet sour preserves and marinades of fish, 
crustaceans and molluscs 
Vegetables 
Sweet sour vegetables preserves 500 mg/kg 
500 mg/kg 
1000 mg/kg 
,1000 mg/kg 
i 2000 mg/kg 
1000 mg/kg 
200 mg/kg 
200 mg/kg 
- 14 -
EEC N' NAME FOODSTUFFS MAXIMUM 
LEVEL 
Alcoholic drinks 
Cider and perry | 350 mg/l 
Beer of the following types : 
- gueuze 
- kriek-lambic 
- bière de table (original wort content not more 
than 6%) 
- oud bruin 
- obergaeriges Einfachbier (original wort content 
not more than 6%) I 350 mg/l 
Other 
Emulsified sauces 
Non-emulsified sauces 
Mustard 
Salads prepared with sauces 
Special diets 350 mg/kg 
350 mg/kg 
350 mg/kg 
350 mg/kg 
Formulae for weight control intended to replace 
total daily food intake or an individual meal | 450 mg/kg 
Complete formulae and nutritional supplements for 
use under medical control | 450 mg/kg 
Liquid dietary supplements | 350 mg/kg 
Solid dietary supplements j 500 mg/kg 
- 15 -
EEC N' NAME FOODSTUFFS 
E 951 Aspartame Non-alcoholic drinks 
Energy reduced or sugar free water based 
flavoured drinks 
Energy reduced or sugar free dairy based drinks 
Energy reduced or s-gar free fruit juice based drinks 
Desserts 
Energy reduced or sugar free water based desserts 
Energy reduced or sugar free dairy based desserts 
Energy reduced or sugar free fruit based desserts 
Energy reduced or sugar free egg based desserts 
Energy reduced or sugar free cereal based desserts 
Energy reduced or sugar free fat based desserts 
Breakfast cereals 
Edible Ices 
Energy reduced or sugar free edible ices 
Fruit 
Energy reduced or sugar free canned or bottled fruit 
Energy reduced jams, jellies, marmalades 
Energy reduced fruit preparations 
Sweet sour preserves of fruit MAXIMUM 
LEVEL 
600 mg/l 
600 mg/l 
600 mg/l 
1000 mg/kg 
1000 mg/kg 
1000 mg/kg 
1000 mg/kg 
1000 mg/kg 
1000 mg/kg 
1000 mg/kg 
800 mg/kg 
1000 mg/kg 
1000 mg/kg 
1000 mg/kg 
300 mg/kg 
- 16 -
EEC N° | NAME FOODSTUFFS 
Confectionery 
Sugar free confectionery 
Energy reduced or sugar free cocoa or nut based 
confectionery 
Energy reduced or sugar free starch based 
confectionery 
Energy reduced or sugar free cocoa, dairy, 
nut or fat based sandwich spreads 
Sugar free chewing gum 
Bakery products 
Fine bakery wares for special nutritional uses 
Fish, crustaceans, molluscs 
Sweet sour preserves and marinades of fish, 
crustaceans and molluscs 
Vegetables 
Sweet sour vegetables preserves MAXIMUM 
LEVEL | 
2000 mg/kg 
200C mg/kg j 
2000 mg/kg | 
1000 mg/kg | 
5500 mg/kg | 
1700 mg/kg | 
300 mg/kg | 
300 mg/kg | 
- 17 -
EEC N( NAME FOODSTUFFS 
Alcoholic drinks 
Cider and perry 
Beer of the following types : 
- gueuze 
- kriek-lambic 
- bière de table (original wort content not more 
than 6%) 
- oud bruin 
- obergaeriges Einfachbier (original wort content 
not more than 6%) 
Other 
Emulsified sauces 
Non-emulsified sauces 
Mustard 
Salads prepared with sauces 
Special diets 
Formulae for weight control intended to replace 
total daily food intake or an individual meal 
Complete formulae and nutritional supplements for 
use under medical control 
Liquid dietary supplements 
Solid dietary supplements MAXIMUM 
LEVEL 
600 mg/l 
600 mg/l 
350 mg/kg 
350 mg/kg 
350 mg/kg 
300 mg/kg 
800 mg/kg 
1000 mg/kg 
600 mg/kg 
2000 mg/kg 
- 18 -
EEC N« NAME 
E 952 Cyclamic acid 
and its Na 
and Ca salts FOODSTUFFS 
Non-alcoholic drinks 
Energy reduced or sugar free water based 
flavoured drinks 
Energy reduced or sugar free dairy based drinks 
Energy reduced or sugar free fruit juice based drinks 
Desserts 
Energy reduced or sugar free water based desserts 
Energy reduced or sugar free dairy based desserts 
Energy reduced or sugar free fruit based desserts 
Energy reduced or sugar free egg based desserts 
Energy reduced or sugar free cereal based desserts 
Energy reduced or sugar free fat based desserts 
Breakfast cereals 
Edible Ices 
Energy reduced or sugar free edible ices 
Fruit 
Energy reduced or sugar free canned or bottled fruit 
Energy reduced jams, jellies, marmalades 
Energy reduced fruit preparations MAXIMUM 
LEVEL (*) 
400 mg/l 
400 mg/l 
400 mg/l 
250 mg/kg 
250 mg/kg 
250 mg/kg 
250 mg/kg 
250 mg/kg 
250 mg/kg 
250 mg/kg 
400 mg/kg 
1000 mg/kg 
1000 mg/kg 
250 mg/kg 
- 19 -
(*) expressed as free acid EEC N° | NAME | FOODSTUFFS 
| Confectionery 
| Sugar free confectionery 
| Energy reduced or sugar free cocoa or nut based 
| confectionery 
| Energy reduced or sugar free starch based 
| confectionery 
| Energy reduced or sugar free cocoa, dairy, 
| nut or fat based sandwich spreads 
| Sugar free chewing gum 
| Bakery products 
| Fine bakery wares for special nutritional uses 
| Alcoholic drinks 
j Cider and perry 
| Special diets 
| Formulae for weight control intended to replace 
| total daily food intake or an individual meal 
| Complete formulae and nutritional supplements for 
| use under medical control 
| Liquid dietary supplements 
| Solid dietary supplements | MAXIMUM 
| LEVEL (*) 
1000 mg/kg 
1000 mg/kg 
1000 mg/kg 
11000 mg/kg 
3000 mg/kg 
1700 mg/kg 
350 mg/l 
| 400 mg/kg 
| 400 mg/kg 
400 mg/kg 
1000 mg/kg 
- 20 -
EEC N' NAME 
E 954 Saccharin and 
its Na, K and 
Ca salts FOODSTUFFS 
Non-alcoholic drinks 
Energy reduced or sugar free water based 
flavoured drinks 
Energy reduced or sugar free dairy based drinks 
Energy reduced or sugar free fruit juice based drinks 
Desserts 
Energy reduced or sugar free water based desserts 
Energy reduced or sugar free dairy based desserts 
Energy reduced or sugar free fruit based desserts 
Energy reduced or sugar free egg based desserts 
Energy reduced or sugar free cereal based desserts 
Energy reduced or sugar free fat based desserts 
Breakfast cereals 
Edible Ices 
Energy reduced or sugar free edible ices 
Fruit 
Energy reduced or sugar free canned or bottled fruit 
Energy reduced jams, jellies, marmalades 
Energy reduced fruit preparations 
Sweet sour preserves of fruit MAXIMUM 
LEVEL (*) 
80 mg/l 
80 mg/l 
80 mg/l 
100 mg/kg 
100 mg/kg 
100 mg/kg 
100 mg/kg 
100 mg/kg 
100 mg/kg 
100 mg/kg 
100 mg/kg 
200 mg/kg 
200 mg/kg 
100 mg/kg 
160 mg/kg 
- 21 -
EEC N' NAME FOODSTUFFS 
Confectionery 
Sugar free confectionery 
Energy reduced or sugar free cocoa or nut based 
confectionery 
Energy reduced or sugar free starch based 
confectionery 
Essoblaten 
Energy reduced or sugar free cocoa, dairy, 
nut or fat based sandwich spreads 
Sugar free chewing gum 
Bakery products 
Fine bakery wares for special nutritional uses 
Fish, crustaceans, molluscs 
Sweet sour preserves and marinades of fish, 
crustaceans and molluscs 
Vegetables 
Sweet sour vegetables preserves MAXIMUM 
LEVEL (*) 
500 mg/kg 
500 mg/kg 
300 mg/kg 
800 mg/kg 
200 mg/kg 
1200 mg/kg 
170 mg/kg 
160 mg/kg 
160 mg/kg 
- 22 -
EEC N< NAME FOODSTUFFS 
Alcoholic drinks 
Cider and perry 
Beer of the following types : 
- gueuze 
- kriek-lambic 
- bière de table (original wort content not more 
than 6%) 
- oud bruin 
- obergaeriges Einfachbier (original wort content 
not more than 6%) 
Other 
Emulsified sauces 
Non-emulsified sauces 
Mustard 
Salads prepared with sauces 
Special diets 
Formulae for weight control intended to replace 
total daily food intake or an individual meal 
Complete formulae and nutritional supplements for 
use under medical control 
Liquid dietary supplements 
Solid dietary supplements MAXIMUM 
LEVEL (*) 
80 mg/l 
80 mg/l 
160 mg/kg 
160 mg/kg 
320 mg/kg 
100 mg/kg 
240 mg/kg 
200 mg/kg 
80 mg/kg 
500 mg/kg 
(*) expressed as free imide 
- 23 -
| EEC N° | NAME | FOODSTUFFS j MAXIMUM j 
III I LEVEL | 
j E 957 | Thaumatin | Confectionery | j 
| | | Sugar free confectionery j 50 mg/kg | 
| j | Energy reduced or sugar free cocoa or nut based j | 
| | | confectionery j 50 mg/kg | 
j j | Sugar free chewing gum ! 50 mg/kg | 
- 24 -
EEC N' NAME 
E 959 Neohesperidine 
DC FOODSTUFFS 
Non-alcoholic drinks 
Energy reduced or sugar free water based 
flavoured drinks 
Energy reduced or sugar free dairy based drinks 
Energy reduced or sugar free fruit juice based drinks 
Desserts 
Energy reduced or sugar free water based desserts 
Energy reduced or sugar free dairy based desserts 
Energy reduced or sugar free fruit based desserts 
Energy reduced or sugar free egg based desserts 
Energy reduced or sugar free cereal based desserts 
Energy reduced or sugar free fat based desserts 
Edible Ices 
Energy reduced or sugar free edible ices 
Fruit 
Energy reduced or sugar free canned or bottled fruit 
Energy reduced jams, jellies, marmalades 
Energy reduced fruit preparations MAXIMUM 
LEVEL 
30 mg/l 
50 mg/l 
30 mg/l 
50 mg/kg 
50 mg/kg 
50 mg/kg 
50 mg/kg 
50 mg/kg 
50 mg/kg 
50 mg/kg 
50 mg/kg 
50 mg/kg 
50 mg/kg 
- 25 -
EEC N" NAME FOODSTUFFS MAXIMUM 
LEVEL 
Confectionery 
Sugar free confectionery 
Energy reduced or sugar free cocoa or nut based 
confectionery 
Sugar free chewing gum 
Alcoholic drinks 
Cider and perry 
Beer of the following types : 
- gueuze 
- kriek-lambic 
- bière de table (original wort content not more 
than 6%) 
- oud bruin 
- obergaeriges Einfachbier (original wort content 
not more than 6%) 100 mg/kg 
100 mg/kg 
400 mg/kg 
20 mg/l 
10 mg/l 
--2C-
COMPETITIVENESS. AND EMPLOYMENT IMPACT STATEMENT 
I. What is the main reason fur introducing the measure ? 
a) Completion on the framwork directive on food additives (107/89/CEE) 
b) To take into account the increasing consumer demand for reduced energy 
foodstuffs 
c) Initiates in the case of certain sweeteners new community legislation and 
harmonizes their use within the internat market. 
II, features of the businesses in question. In particular : 
(a) Are there many SMEs ? " Ycs 
(b) Are they concentrated in regions which are : 
i) eligible for regional aid in the Member States ? No 
ii) eligible under the ERDF ? N° 
.III. What direct obligations does this measure impose on businesses ? 
Alternations in m?nufacting processes 
Alterations in the labelling of the food product 
IV. What indirect obligations are loc#l authorities likely to impose 
on businesses ? 
None as is known 
V. Are there any special measures in respect of SMEs ? Please specify 
None 
VI. What is the likely effect on : 
(a) the competitive .vis s of businesses ? 
Increase competitiveness 
(b) the employer ? 
minimal 
VII. Have both sides of industry been consulted ? 
tes# frequently 
Please Indicate their opinions 
_All sides of 1n&*try "in this case are in favour of the proposal.-. DGXH 
has had to balance industry demands against safety aspect^of the levels 
eveatuaIly opted for. 
ISSN 0254-1475 
COM(90) 381 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-90-443-EN-C 
ISBN 92-77-63967-9 
PRICE 1 - 30 pases'. :).50 ECU per additional 10 pages: 1.25 ECU 
Office for Official Publications of the European Communities 
L-2985 Luxembourg