CELEX: 51995PC0551
Language: en
Date: 1995-11-23
Title: 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

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)
 ---pagebreak---  ---pagebreak---                                  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foodstuffs have been replaced by sweeteners, but also to warn certain consumers suffering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.
                                              £
 ---pagebreak---                                          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,
Having regard to Council Directive 79/112/EEC of 18 December 1978 on 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
 ---pagebreak--- 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
 ---pagebreak---                                        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~
 ---pagebreak---      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
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 551 final
                                              DOCUMENTS
EN                                                                             10^
                                     Catalogue number : CB-CO-95-595-EN-C
                                                              ISBN 92-77-95939-8
Office for Official Publications of the European Communities
L-29S5 Luxembourg
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