Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption
Date: 2001-12-20
Institutions: Council of the European Union
Subjects: consumer information, human nutrition, marketing, product designation, sugar

12.1.2002

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Official Journal of the European Communities

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COUNCIL DIRECTIVE 2001/111/EC

of 20 December 2001

relating to certain sugars intended for human consumption

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

(4)

Certain vertical Directives relating to foodstuffs should
be simplified in order to take account only of the essen-
tial requirements to be met by the products they cover
in order that those products may move freely within the
internal market, in accordance with the conclusions of
the European Council held in Edinburgh on 11 and 12
December 1992, as confirmed by those of the European
Council

in Brussels on 10 and 11 December 1993.

Council Directive 73/437/EEC of 11 December 1973 on
the approximation of the laws of the Member States
concerning certain sugars intended for human consump-
tion (4) was justified by the fact that differences between
national laws on certain categories of sugar could result
in conditions of unfair competition likely to mislead
consumers, and thereby have a direct effect on the estab-
lishment and functioning of the common market.

Directive 73/437/EEC was consequently designed to lay
down definitions and common rules on the manufac-
turing characteristics, packaging and labelling of
the
products concerned so as to ensure their free movement
within the Community.

The Commission intends to propose, as quickly as
possible, and at all events before 1 July 2000, the inclu-
sion in Council Directive 80/232/EEC of 15 January
1980 on the approximation of the laws of the Member
States relating to the ranges of nominal quantities and
nominal capacities permitted for certain prepackaged
products (5) of a range of nominal weights of the prod-
ucts covered by this Directive.

(1) OJ C 231, 9.8.1996, p. 6.
(2) OJ C 279, 1.10.1999, p. 90.
(3) OJ C 56, 24.2.1997, p. 20.
(4) OJ L 356, 27.12.1973, p. 71. Directive as amended by the 1985

Act of Accession.

(5)

(6)

(7)

(8)

(9)

Directive 73/437/EEC should be recast in order to make
the rules on manufacturing and marketing conditions
relating to certain sugars intended for human consump-
tion more accessible and, furthermore, in order to bring
it into line with general Community legislation on food-
stuffs, particularly legislation on labelling, colouring
matter
extraction
solvents and methods of analysis.

authorised additives,

and other

The general food-labelling rules laid down in Directive
2000/13/EC of
the
Council (6) should apply subject to certain conditions.

the European Parliament and of

In accordance with the principles of subsidiarity and
proportionality established by Article 5 of the Treaty,
the objective of laying down common definitions and
rules for the products concerned and bringing the provi-
sions into line with general Community legislation on
sufficiently achieved by the
foodstuffs
Member States and can therefore, by reason of
the
this Directive, be better achieved by the
nature of
Community. This Directive does not go beyond what is
necessary in order to achieve the said objective.

cannot be

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (7).

To avoid creating new barriers to free movement,
Member States should refrain from adopting, for the
products in question, national provisions not provided
for by this Directive,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to the products defined in Part A of
the Annex.

However, this Directive shall not apply to the products defined
in Part A of the Annex when they take the following forms:
icing sugars, candy sugars, sugars in loaf form.

(5) OJ L 51, 25.2.1980, p. 1. Directive as last amended by Directive

87/356/EEC (OJ L 192, 11.7.1987, p. 48).

(6) OJ L 109, 6.5.2000, p. 29.
(7) OJ L 184, 7.7.1999, p. 23.

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Article 2

Directive 2000/13/EC shall apply to the products defined in
Part A of the Annex hereto subject to the following conditions
and derogations:

1. Without prejudice to point 5 below, the product names
listed in Part A of
the Annex shall apply only to the
products referred to therein and shall be used in trade to
designate them.

The product name referred to in point 2 of Part A of the
Annex may also be used to designate the product referred to
in point 3 thereof.

However,

— the products defined in Part A of the Annex may, in
addition to the compulsory product name, also bear
qualifying terms commonly used in the various Member
States;

— the product names may also be used in product names
in accordance

made up to designate other products,
with custom,

provided that such names are not liable to mislead the
consumer.

adopted in accordance with the regulatory procedure set out in
Article 5(2):

— bringing this Directive into line with general Community

legislation on foodstuffs,

— adaptations to technical progress.

Article 5

The Commission shall be assisted by the Standing
1.
Committee on Foodstuffs
‘the
(hereinafter
Committee’) set up by Article 1 of Decision 69/414/EEC (1).

referred to as

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 6

2. For pre-packaged products weighing less than 20 g, the net

weight need not be indicated on the labelling.

Directive 73/437/EEC is hereby repealed with effect from 12
July 2003.

3. The labelling shall indicate the dry matter and invert sugar
content of sugar solution, invert sugar solution and invert
sugar syrup.

References to the repealed Directive shall be construed as refer-
ences to this Directive.

4. The labelling shall include the qualifying term ‘crystallised’
for invert sugar syrup incorporating crystals in the solution.

Article 7

5. Where the products referred to in points 7 and 8 of Part A
of the Annex contain fructose in proportions greater than
5 % on a dry matter basis, they shall, in respect of their
product name and as ingredients, be labelled as ‘glucose-
fructose
and ‘dried
‘fructose-glucose
glucose-fructose syrup’ or ‘dried fructose-glucose syrup’,
respectively, to reflect whether the glucose component or
the fructose component is in greater proportion.

syrup’ or

syrup’

Article 3

For the products defined in the Annex, Member States shall not
adopt national provisions not provided for by this Directive.

Article 4

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive before 12 July 2003. They shall forthwith inform the
Commission thereof.

The measures shall be applied so as to:

— authorise the marketing of the products defined in Part A
of the Annex if they conform to the definitions and rules
laid down in this Directive, with effect from 12 July 2003;

— prohibit the marketing of products which fail to conform

to this Directive, with effect from 12 July 2004;

However, the marketing of products which fail to conform to
this Directive but which were labelled before 12 July 2004 in
accordance with Directive 73/437/EEC shall be permitted until
stocks run out.

When Member States adopt these measures, these shall contain
a reference to this Directive or shall be accompanied by such
reference at the time of their official publication. The methods
of making such reference shall be adopted by Member States.

The measures necessary for
this
Directive relating to the matters referred to below shall be

the implementation of

(1) OJ L 291, 19.11.1969, p. 9.

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This Directive shall enter into force on the day of its publication in the Official Journal of the European
Communities.

Article 8

This Directive is addressed to the Member States.

Article 9

Done at Brussels, 20 December 2001.

For the Council

The President

C. PICQUÉ

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ANNEX

A. PRODUCT NAMES AND DEFINITIONS

1. Semi-white sugar

Purified and crystallised sucrose of sound and fair marketable quality with the following characteristics:

(a) polarisation

nt less than 99,5 °Z

(b) invert sugar content

not more than 0,1 % by weight

(c) loss on drying

not more than 0,1 % by weight.

2. Sugar or white sugar

Purified and crystallised sucrose of sound and fair marketable quality with the following characteristics:

(a) polarisation

not less than 99,7 °Z

(b) invert sugar content

not more than 0,04 % by weight

(c) loss on drying

(d) type of colour

3. Extra-white sugar

not more than 0,06 % by weight

not more than nine points determined in accordance with point (a) of
Part B.

The product having the characteristics referred to in point 2(a), (b) and (c) and in respect of which the total
number of points determined according to the provisions of Part B does not exceed eight, and not more than:
— four for the colour type,
— six for the ash content,
— three for the colour in solution.

4. Sugar solution (1)

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:

not more than 3 % by weight of dry matter

1,0 ± 0,2)

(c) conductivity ash

not more than 0,1 % by weight of dry matter, deter-
mined in accordance with point (b) of Part B

(d) colour in solution

not more than 45 ICUMSA units.

5. Invert sugar solution (1)

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)

(c) conductivity ash

more than 3 % but not more than 50 % by weight of
dry matter

not more than 0,4 % by weight of dry matter, deter-
mined in accordance with point (b) of Part B.

6. Invert sugar syrup (1)

The aqueous solution, which has possibly been crystallised, of sucrose that has been partly inverted via hydrolysis,
in which the invert sugar content (fructose/dextrose quotient 1,0 ± 0,1), must exceed 50 % by weight of dry
matter, but which must otherwise meet the requirements laid down in point 5(a) and (c).

(1) The description ‘white’

is reserved for:

(a) sugar solution where the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method

specified in point (c) of Part B;

(b) invert sugar solution and invert sugar syrup of which:

— the conductivity ash content does not exceed 0,1 %,
— the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method specified in point (c) of

Part B.

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7. Glucose syrup

The purified and concentrated aqueous solution of nutritive saccharides obtained from starch and/or inulin, with
the following characteristics:

(a) dry matter

(b) dextrose equivalent

(c) sulphated ash

8. Dried glucose syrup

not less than 70 % by weight

less than 20 % by weight of dry matter and

not
expressed as D-glucose

not more than 1 % by weight of dry matter.

Partially dried glucose syrup with at least 93 % by weight of dry matter, but which must otherwise meet the
requirements laid down in point 7(b) and (c).

9. Dextrose or dextrose monohydrate

Purified and crystallised D-glucose containing one molecule of water of crystallisation, with the following
characteristics:

(a) dextrose (D-glucose)

(b) dry matter

(c) sulphated ash

10. Dextrose or dextrose anhydrous

not less than 99,5 % by weight of dry matter

not less than 90 % by weight

not more than 0,25 % by weight of dry matter.

Purified and crystallised D-glucose not containing water of crystallisation, with at least 98 % by weight of dry
matter, but which must otherwise meet the requirements laid down in point 9(a) and (c).

11. Fructose

Purified crystallised D-fructose with the following characteristics:

fructose content

glucose content

loss on drying

conductivity ash

98 % minimum

0,5 % maximum

not more than 0,5 % by weight

not more than 0,1 % by weight determined in accord-
ance with point (b) of Part B.

B. METHOD OF DETERMINING THE COLOUR TYPE, CONDUCTIVITY ASH CONTENT AND THE COLOUR IN
SOLUTION OF SUGAR (WHITE) AND OF EXTRA-WHITE SUGAR DEFINED IN POINTS 2 AND 3 OF PART A

‘Point’ corresponds:

(a) in the case of the colour type, to 0,5 units, calculated by the method of the Brunswick Institute for Agricultural
and Sugar Industry Technology, as set out in Chapter A, paragraph 2, of the Annex to Commission Regulation
(EEC) No 1265/69 of 1 July 1969 establishing methods for determining the quality of sugar bought in by
intervention agencies (1);

(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) as set out in Chapter A, paragraph 1, of the Annex to Regulation (EEC) No
1265/69;

(c) in the case of the colour in solution, to 7,5 units calculated by the ICUMSA method as set out in Chapter A,

paragraph 3, of the Annex to Regulation (EEC) No 1265/69.

(1) OJ L 163, 1.7.1969, p. 1.