Opinion of the European Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending Directive 94/35/EC on sweeteners for use in foodstuffs"

(COM(2002) 375 final - 2002/0152 (COD))

(2003/C 85/09)

On 24 July 2002 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 29 October 2002. The rapporteur was Mr Donnelly.

At its 395th plenary session on 11 and 12 December 2002 (meeting of 11 December), the European Economic and Social Committee adopted the following opinion with 101 votes in favour and 6 abstentions.

1. Gist of the Commission proposal

1.1. The framework Directive 89/107/EEC on food additives provides for the adoption of specific directives to harmonise the use of different categories of additives in foodstuffs. Directive 94/35/EC on sweeteners for use in foodstuffs sets out a list of authorised sweeteners, the foodstuffs in which they may be used and their conditions of use.

1.2. The Directive was adopted in June 1994 and first amended in 1996. It now needs to be adapted in the light of recent technical and scientific developments.

1.3. The major amendments proposed with this Directive are the following:

1.3.1. Authorisation of two new sweeteners; sucralose and the salt of aspartame and acesulfame.

- Sucralose is a sweetener manufactured by controlled chlorination of sucrose and it is approximately 500-600 times sweeter than sugar. It is currently approved in several other countries world wide, including Canada, Australia, Japan and the USA. The manufacturer claims several specific benefits for sucralose when compared with other sweeteners currently authorised, including that its flavour profile indicates that it is very similar to sugar (with less side or after tastes often associated with intense sweeteners); it is stable during high temperature processing, such as baking, which will enable the consumers to use table-top sweeteners at home in cooking and baking. It blends well with sugars.

- The salt of aspartame and acesulfame is a salt of two already authorised sweeteners, aspartame and acesulfame K. It is manufactured from these two substances by replacing the potassium ion of acesulfame K by aspartame. The Scientific Committee on Food has assessed its safety and has concluded that its use raises no additional safety considerations. Amongst the specific benefits the manufacturer claims for this substance, is the fact that the component sweeteners cannot separate, which leads to more consistent product quality. The use of the salt is proposed for the food categories where both aspertame and acesulfame K are authorised.

1.3.2. Reduction of the maximum usable dose for cyclamates by banning or reducing its use in certain food categories.

1.3.3. Conferring on the Commission the power to decide whether a substance is a sweetener within the meaning of this Directive.

2. General comments

2.1. The Committee approves the Commission's proposal, which, among other things, concerns the authorisation of two new sweeteners. Since new sweeteners have been developed by the producers (driven by consumer demand, but also promoted by medical advice) it is only reasonable that, having viewed the Scientific Committee on Food's evaluations, the list of sweeteners be updated.

2.2. The Committee recognizes the benefits that intense sweeteners have for those consumers wishing to reduce their sugar or calorie intake and for people suffering from diabetes. Authorising two new sweeteners has the benefit of offering consumers and food industry the possibility to choose between a wider variety of sweeteners, thus reducing the intake of the single sweeteners.

2.3. The Committee stresses the importance that the use of food additives be regulated uniformly in the EU to ensure a high level of consumer choice and food safety.

3. Specific comments

3.1. The Committee welcomes the fact that the two new food additives enable the food industry to produce a wider range of calorie reduced products and that table-top sweeteners can be used by consumers at home in cooking and baking.

3.2. The Committee would like to be assured that with the proposed amendments to the use of cyclamates, the acceptable daily intake set by the Scientific Committee on Food would not be exceeded.

3.3. The Committee supports the decision to confer on the Commission the power to decide whether a substance is a sweetener within the meaning of Directive 94/35/EC, as it already happens for the other food additives.

3.4. The Committee fully endorses the Commission's close surveillance where sweeteners are concerned, and notably the choice of the positive list system on which the sweeteners directive is based(1). However the Committee would like to reiterate a comment made in its opinion on the first modification of the sweeteners Directive(2). That is, the Committee questions whether the choice of using the co-decision procedure not only to amend the list of sweeteners, but also the list of all foodstuffs in which these sweeteners may be used is appropriate, considering the amount of time and energies it requires.

3.5. On this regard, the Committee welcomes the fact that the Commission is currently studying the possibility of using comitology to amend the foodstuffs annexes, in the light of the forthcoming revision of Framework Directive 89/107/EEC foreseen for the end of 2002.

4. Conclusions

4.1. The EESC is satisfied that the Scientific Committee on Food has evaluated the two new substances to be used as sweeteners and has concluded that they do not raise safety concerns.

4.2. The Committee supports the Commission proposal on the use of these sweeteners so they can be authorised at community level.

4.3. The Committee would like to stress the importance of continuous monitoring of sweeteners by member states and the Commission, through the European Food Safety Authority to ensure the highest possible standard of food safety.

Brussels, 11 December 2002.

The President

of the European Economic and Social Committee

Roger Briesch

(1) According to the positive list principle, only those sweeteners listed in the annex to the Directive are authorised.

(2) OJ C 174, 17.6.1996.