Proposal for a COUNCIL DIRECTIVE amending Commission Directive 94/54/EC concerning the compulsory indication on the labelling of certain foodstuffs af particulars other than those provided for in Council Directive 79/112/EEC
Date: 1995-11-23
Institutions: European Commission
Subjects: approximation of laws, consumer information, foodstuff, human nutrition, labelling, sweetener

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.11.1995 
COM(95)551  final 

Proposal  for a 

COUNCIL D1RECTTVR 

amending Commission Directive 94/54/EC 

concerning the compulsory  indication on the labelling 
of certain foodstuffs  of particulars other than those provided for 
in Council Directive 79/U2/EEC 

(presented by the Commission) 

Explanatory  memorandum 

Article 6  of  Directive  94/35/IiC  on  sweeteners  for  use  in  foodstuffs  provides  for  the 
adoption  of  provisions  concerning  the  details  which  must  appear  on  the  labelling  of 
foodstuffs  containing  sweeteners  before  the  expiry  of  the  time  limit  laid  down  in  the 
Directive. 

This  is  partly  in  order  to  inform  consumers  that  the  sugars  they  used  to  find  in  certain 
foodstuffs  have  been  replaced  by  sweeteners,  but  also  to  warn  certain  consumers  suffering 
from  phenylketonuria  of  the  presence  in  foodstuffs  of  aspartame,  a  substance  which  could 
affect  their  health  if  ingested.  It  is also  important  for  consumers  to  realize  that  eating  too 
much  food  containing polyols can have a laxative  effect. 

A number  of  Member  States  already  have  legislation  of  this  kind,  and  this  is giving  rise to 
barriers  to  the  free  movemenl  of  foodstuffs.  Given  that  these  particulars  are justified  on 
grounds  of  health  protection  and  consumer  information,  it  seems  useful  to  introduce  the 
relevant  provisions  into  Community  law.  The  attached  draft  Directive  meets  these 
concerns. 

£ 

Proposal for a 
Council  Directive 
amending Commission  Directive 94/54/EC concerning the compulsory indication on the 
labelling of certain foodstuffs  of particulars other than those provided for 
in Council  Directive 79/112/EEC 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having regard  to the Treaty  establishing  the European Community, 

regard 

to  Council  Directive  79/112/EEC  of  18 December  1978  on 

Having 
the 
approximation  of  the  laws  of  the  Member  States  relating  to  the  labelling,  presentation  and 
advertising  of  foodstuffs,1  as  last  amended  by  Directive  93/102/EC,2  and  in  particular 
Article 4(2) thereof, 

Having  regard  to  European  Parliament  and  Council  Directive  94/35/EC  on  sweeteners  for 
use in foodstuffs,  and  in particular  Article 6 thereof,3 

Having  regard  to the proposal  from  the Commission4, 

Whereas  Directive 94/54/EC  concerning  the  compulsory  indication  on  the  labelling  of 
certain  foodstuffs  of  particulars  other  than  those  provided  for  in  Directive 79/112/EEC 
contains  an  Annex  listing  foodstuffs  for  which  the  labelling  must  include  one  or  more 
additional  particulars; 

Whereas the purpose  of this Directive  is to supplement that Annex with regard to  foodstuffs 
containing  sweeteners; 

Whereas,  having  regard  to  the  scope  and  effects  of  the  proposed  action,  the  Community 
measures  introduced  by  this  Directive  are  essential  if  the  objectives  set  are  to  be  attained; 
whereas  those  objectives  cannot  be  attained  by  the  Member  States  acting  individually; 
whereas,  moreover,  Directive  94/35/EC  already  provides  for  the  attainment  of  such 
objectives  at Community  level; 

OJL  33, 8.2.1979, p. 1. 
OJL  291, 25.11.1993, p. 14. 
OJL 237, 10.9.1994, p. 3. 

3 

Whereas,  with  a  view  to  providing  adequate  consumer  information,  the  labelling  of 
foodstuffs  which contain swceieners must bear details to that  effect; 

Whereas,  moreover,  warnings  should  also be given on the labelling of foodstuffs  containing 
certain  categories of sweetener; 

Whereas,  in  pursuance  of  the  procedure  laid  down  in  Article  17 of  Directive  79/112/EEC 
and  Article 7 of  Directive 94/35/EC  this  text  was  submitted  to the  Standing  Committee  for 
Foodstuffs,  which  was  unable  to  deliver  an  opinion,  and  whereas  in  accordance  with  that 
same procedure the Commission  is required  to address a proposal  to the Council, 

HAS ADOPTED THIS DIRECTIVE 

1 

Article 1 

The Annex  to  Directive  94/54/EC  is hereby  supplemented  as  follows: 

Annex I 

Type  or  category  of  foodstuff 

Particulars 

Foodstuffs  containing  a sweetener  or 

"with  sweetener(s)" 

sweeteners  as  authorized  by  Directive 

This  particular  shall  accompany  the 

94/35/EC 

name  under  which  the  product  is sold,  as 

laid  down  in Article  5 of  Directive 

79/112/EEC 

Foodstuffs  containing  both  an  added 

"with  sugar(s)  and  sweetener(s)" 

sugar  or  sugars  and  a sweetener  or 

This  particular  shall  accompany  the 

sweeteners  as  authorized  by  Directive 

name  under  which  the  product  is sold  as 

94/35/EC 

laid  down  in Article  5 of  Directive 

79/112/EEC 

Foodstuffs  containing  aspartame 

"contains  a source  of  phenylalanine" 

Foodstuffs  containing  more  than 

"excessive  consumption  may  induce 

10 % added  polyols 

laxative  effects" 

Article  2 

Member  States  shall,  where  necessary,  amend  their  laws,  regulations  and  administrative 

provisions  before  31  December  1995  so  as  to: 

allow  trade  in  producls  conforming  to  this  Directive  by  1 January  1996  at  the  latest; 

j~ 

prohibit  trade  in  products  not  conforming  to  this  Directive  from  1 January  1997. 

However,  products  placed  on  the  market  or  labelled  before  that date  which  do  not  conform 

to this  Directive  may  be marketed  until  stocks  are exhausted. 

They shall  inform  the Commission  thereof  immediately. 

All  such provisions  adopted  by the Member  States shall  contain  a reference  to this  Directive 

or  shall  be  accompanied  by  such  a reference  at the  time  of  official  publication.  The  detailed 

arrangements  for making  this  reference  shall  be adopted  by  the Member  States. 

Article  3 

This  Directive  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 

Official  Journal  of  the European  Communities. 

Article 4 

This  Directive  is addressed  to the Member States. 

Done at 

, 

For the Council 

G 

ISSN 0254-1475 

COM(95) 551  final 

DOCUMENTS 

EN 

1 0^ 

Catalogue number  : CB-CO-95-595-EN-C 

ISBN 92-77-95939-8 

Office for Official Publications of the European Communities 

L-29S5 Luxembourg 

=?