CELEX: 51995PC0722(02)
Language: en
Date: 1996-04-17
Title: Proposal for a COUNCIL DIRECTIVE relating to certain sugars intended for human consumption

Avis juridique important

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51995PC0722(02)

Proposal for a COUNCIL DIRECTIVE relating to certain sugars intended for human consumption  /* COM/95/0722 FINAL - CNS 96/0113 */  

Official Journal C 231 , 09/08/1996 P. 0006

Proposal for a Council  Directive relating to certain sugars intended for human consumption(96/C 231/02)COM(95) 722 final  - 96/0113(CNS)(Submitted by the Commission on 30 May 1996)THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas certain vertical Directives relating to foods should be simplified in order to take account  only of the essential 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, confirmed by those of the European  Council in Brussels on 10 and 11 December 1993; Whereas attention should be paid to the drafting of Community law so as to make it more accessible,  in accordance with the guidelines emerging from the Council Resolution of 8 June 1993 (1); Whereas 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 consumption (2), as last amended by the  Act of Accession of Spain and Portugal, 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 establishment and functioning of the  common market; Whereas the aforesaid Directive was consequently designed to lay down definitions and common rules  on the manufacturing characteristics, packaging and labelling of the products concerned so as to  ensure their free movement within the Community; Whereas Council Directive 73/437/EEC should be recast in order to bring it into line with general  Community legislation on foodstuffs, particularly legislation on labelling, colouring matter and  other authorized additives, extraction solvents and methods of analysis; Whereas the general food-labelling rules set out in Council Directive 79/112/EEC (3), as last  amended by Commission Directive 93/102/EC (4), should apply subject to certain derogations; Whereas, pursuant to the principle of proportionality, this Directive limits itself to what is  necessary in order to achieve the objectives, in accordance with the third paragraph of Article 3b  thereof; Whereas the Commission should be given the power to effect future adaptations to this Directive,  acting via the consultation procedure within the Standing Committee for Foodstuffs; Whereas, to avoid creating new barriers to free movement, Member States should refrain from  adopting more detailed rules or rules not covered by this Directive for the products in question, HAS ADOPTED THIS DIRECTIVE: Article 1This Directive shall apply to the products defined in Part A of the  Annex. 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. Article 2Council Directive 79/112/EEC shall apply to the products defined in Part A of the  Annex, subject to the following conditions: 1. The product names listed in Part A of the Annex shall apply only to the products referred to  therein and must 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 other product names commonly used in the various Member States, - the product names may also be used in product names made up to designate other products, in  accordance with custom, provided that such names are not liable to mislead the consumer. 2. The labelling must indicate the net weight of products weighing more than 50 g. 3. The labelling must indicate the actual dry matter and invert sugar content of sugar solution,  invert sugar solution and invert sugar syrup. 4. The labelling must include the qualifying term 'crystallized` for invert sugar syrup  incorporating crystals in the solution. Article 3Member States shall refrain from adopting more detailed national provisions or  provisions not covered by this Directive for the products in question. Article 4Any adaptations necessary to bring this Directive into line with general Community  rules on foodstuffs and adapt it to technical progress shall be adopted in accordance with the  procedure laid down in Article 5. Article 5The Commission shall be assisted by the Standing Committee for Foodstuffs, hereinafter  referred to as 'the Committee`, composed of representatives of the Member States and chaired by a  representative of the Commission. The representative of the Commission shall submit to the Committee a draft of the measures to be  taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman  may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State be entitled to ask for  its position to be recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall  inform the Committee of the manner in which its opinion has been taken into account. Article 6Directive 73/437/EEC is hereby repealed with effect from 1 October 1997. References to the repealed Directive shall be construed as references to this Directive. Article 7Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive before 1 October 1997. They shall immediately  inform the Commission thereof. The provisions shall be applied so as to: - authorize 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 1 October 1997, - prohibit the marketing of products which fail to conform to this Directive, with effect from 1  April 1998. However, the marketing of products which fail to conform to this Directive and labelled before 1  October 1997 in accordance with Directive 73/437/EEC shall be permitted until stocks are  exhausted. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. Article 8This Directive shall enter into force on the twentieth day following that of its  publication in the Official Journal of the European Communities. Article 9This Directive is addressed to the Member States. (1) OJ No C 166, 17. 6. 1993, p. 1. (2) OJ No L 356, 27. 12. 1973, p. 71. (3) OJ No L 33, 8. 2. 1979, p. 1. (4) OJ No L 291, 25. 11. 1993, p. 14.  ANNEX A. PRODUCT NAMES AND DEFINITIONS 1. Semi-white sugar Purified and crystallized  sucrose of sound and fair marketable quality with the following characteristics: >TABLE>2. Sugar or white sugar Purified and crystallized sucrose of sound and fair  marketable quality with the following characteristics: >TABLE>3. Extra white sugar The product having the characteristics referred to in  point 2 (a), (b), (c) and (d) and in respect of which the total number of points determined  according to the provisions of Part B does not exceed 8, and not more than: - 4 for the colour type, - 6 for the ash content, - 3 for the colour in solution. 4. Sugar solution (1) The aqueous solution of sucrose with the following characteristics: >TABLE>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: >TABLE>6. Invert sugar syrup (1) The aqueous solution, which has possibly been  crystallized, 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 points 5 (a), (c) and (d). 7. Glucose syrup The purified and concentrated aqueous solution of nutritive saccharides obtained  from starch, with the following characteristics: >TABLE>8. Dried glucose syrup 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), (c)  and (d). 9. Dextrose, dextrose monohydrate Purified and crystallized D-glucose containing one molecule of  water of crystallization, with the following characteristics: >TABLE>10. Dextrose, anhydrous dextrose Purified and crystallized D-glucose not  containing water of crystallization, with at least 98 % by weight of dry matter, but which must  otherwise meet the requirements laid down in points 9 (a), (c) and (d). B. METHOD OF DETERMINING THE COLOUR TYPE, ASH CONTENT AND THE COLOUR IN SOLUTION OF SUGAR (WHITE)  AND OF EXTRA-WHITE SUGAR DEFINED IN PART A, POINTS (2) AND (3) 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 the said Regulation; (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 the said Regulation. (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 Annex 2 (c); (b) invert sugar solution and invert sugar syrup of which- the ask content does not exceed 0,1 %, - the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method  specified in Annex 2 (c). (1) OJ No L 163, 4. 7. 1969, p. 3.