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))
Date: 2002-12-11
Institutions: European Economic and Social Committee
Subjects: consumer protection, food additive, food inspection, foodstuff, foodstuffs legislation, human nutrition, sweetener

C 85/34

EN

Official Journal of the European Union

8.4.2003

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 addi-
tives 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.

The major amendments proposed with this Directive

1.3.
are the following:

1.3.1.
the salt of aspartame and acesulfame.

Authorisation of two new sweeteners; sucralose and

— 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
including Canada,
several other countries world wide,
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 con-
sumers 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
It is manufactured from these two substances by
K.
replacing the potassium ion of acesulfame K by asparta-
me. 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.
es by banning or reducing its use in certain food categories.

Reduction of the maximum usable dose for cyclamat-

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

The Committee approves the Commission’s proposal,
2.1.
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.

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Official Journal of the European Union

C 85/35

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 modifi-

cation of the sweeteners Directive (2). That is, the Committee
questions whether the choice of using the co-decision pro-
cedure 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.

( 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.

Brussels, 11 December 2002.

The President

of the European Economic and Social Committee

Roger BRIESCH