Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending European Parliament and Council Directive 94/35/EC on sweeteners for use in foodstuffs (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2003-12-09
Institutions: European Commission
Subjects: food consumption, foodstuff, foodstuffs legislation, marketing, sweetener

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 9.12.2003
COM(2003) 780 final

2002/0152 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,on the
European Parliament's amendments to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending European Parliament and Council Directive 94/35/EC on sweeteners for use
in foodstuffs

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EN

  EN

2002/0152 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the
European Parliament's amendments to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending European Parliament and Council Directive 94/35/EC on sweeteners for use
in foodstuffs

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  3  amendments  proposed  by
Parliament.

2.

BACKGROUND

Date  of  transmission  of  the  proposal  to  the  EP  and  the  Council
(document COM(2002)375 final – 2002/0152 COD):

11 July 2002

Date of the opinion of the Economic and Social Committee:

11 December 2002

Date of the opinion of the European Parliament, first reading:

10 April 2003

Date of transmission of the amended proposal:

Date of adoption of the common position (unanimity):

16 May 2003

25 June 2003

Date  of  adoption  by  Parliament  of  the  Recommendation  for  a
second reading

22 October 2003

3.

PURPOSE OF THE PROPOSAL

The  Commission  proposal  aims  at  adapting  Directive  94/35/EC  on  sweeteners  for  use  in
foodstuffs to recent technical and scientific developments. To this end it foresees:

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To  authorise  two  new  sweeteners,  sucralose  and  the  salt  of  aspartame  and
acesulfame, after favourable opinions by the Scientific Committee on Food (SCF).

To  reduce  the  intake  of  an  already  authorised  sweetener,  cyclamate,  following  an
opinion of the SCF lowering the ADI (Acceptable Daily Intake) for this substance.

To  confer  on  the  Commission  the  power  to  decide  whether  a  substance  should  be
considered as a sweetener according to the Directive.

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4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

The Commission accepts all amendments by the European Parliament:

(cid:1)  Amendment 1 refuses comitology for deciding whether a substance should be considered
as  a  sweetener.  The  Commission  would  have  welcomed  a  formal  tool  to  bring  certain
substances under the scope of the food additive legislation. But in the spirit of compromise,
the Commission can accept this amendment and will re-table its request in the context of
the amendment of the framework legislation on food additives.

(cid:1)  Amendment 2 requires the Commission to present a progress report on the re-evaluation of
additives in general and of the two new sweeteners in particular. A similar amendment has
already  been  accepted  in  the  context  of  the  amendment  of  another  Directive  on  food
additives.  Therefore,  for  the  sake  of  consistency,  the  Commission  can  accept  this
amendment.

(cid:1)  Amendment  3  introduces  a  clause  for  the  exhaustion  of  stocks  of  products  no  longer
conforming to the Directive. For this, a time limit of 24 months after entry into force of the
Directive is set. The Commission can accept such a clause and welcomes the fact that it is
limited in time. This limitation in time creates legal certainty and facilitates enforcement.

5.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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