CELEX: 51974PC0788
Language: en
Date: 1974-05-29
Title: Proposal for a Council Decision on the acceptance of certain Codex standards for sugars intended for human consumption (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 788
Vol. 1974/0120
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 ---pagebreak--- COMMISSION GF THE EUROEBAN COMMUN3IÎES
                                                     COM(74 ) 783 Final
                                                     Brussels , 29 May 1974
       Proposal for a Council Decision on the acceptance of certain
           Codex standards for sugars intended for human consumption
                  ( submitted to the Council "by the Commission )
   COM(74 ) 788 Final
 ---pagebreak---                             Explanatory Memorandum
1 . The Codex Aliment arius Commission ( Joint FAO/KHO food standards programme )
    has in the past adopted , at Step 8 of the Procedure for the Elaboration
     of Codex Standards , several recommended international standards for
    sugars intended for human consumption . These standards have been
    transmitted at Step 9 of "the said Procedure to the members and associate
    members of FAO and/or WHO and to interested international organisations .
    The EEC has received them in the latter capacity .
    The standards cover inter alia , semi-*white sugar ("white plantation
    sugar") or "white refinery sugar"), white sugar , glucose syrup , dried
    glucose syrup , dextrose monohydrate and dextrose anhydrous .
2.  These sugars are also covered by the Council Directive ( l ) of 11 December
    1973 on the approximation of the laws of the Member States concerning
    certain sugars intended for human consumption .
3.  Comparision of the Codex standards with the Community provisions shows
    that there is a great similarity between them .
    The few points at which they differ are listed in the Annex to this
    proposal for a Decision .
    The differences do not prevent the Community from approving the various
    standards in question , while maintaining its own legislation unchanged .
    The Community legislation is in fact very recent and wa3 adopted in the
    light of the standards drawn up previously by the Codex , which served
    as a model for the Community provisions . However , it was impossible ,
    mainly for health reasons , to adopt the Codex standards as they stood
    and it was accordingly necessary to make certain slight derogations .
                                                                  ■/.
    ( 1 ) OJ No L 356 , 27.12.1973 . p. 71
 ---pagebreak--- The Community 's approval should take the form of acceptance of the
standards .  Under the Procedure for the Elaboration of Worldwide Codex
Standards , these standards may not be published in the Codex Alimentarius –
that is to say , they nay not become effective - unless the Codex
Commission considers this advisable in the light of the acceptances
received .
4.1  In the present case it is for the European Economic Community to
     decide whether to accept the standards , since the provisions govern­
     ing the products to which they relate are part of the Community
     legal system .
4«2  The General Principles of the Codex Alimentarius provide for several
     methods of accepting the Codex standards .   At the fourth meeting
    of the Codex Committee on the General Principles , held in Paris from
     4 to 8 March 1974i i"t was agreed to propose that the Codex Commission
     create a nev; form of acceptance , to be known as " acceptance subject
     to specified derogations ".   The Codex Commission is almost certain
     to approve this proposal at its next meeting in July 1 974 ®
     This new method should be adopted in the present case since it
     enables the Community to continue to apply its own legislation .
4.3  Moreover , Community acceptance of the standards cannot'.take
     effect before the date on which the Directive of 11 Deceiaber 1S73
      is applied .  Under the second sentence of Article 1 } of that
     Directive , the latter will become effective two years after its
     notification , that is to say , on 12 December 1975 *
 ---pagebreak--- 5. At internal Community level acceptance of the standards is subject to
   a Council decision .   This decision may be "based on Article 113 of the
   EEC Treaty for , since its main objective is to promote international
   trade , it comes under the common commercial policy .
   Although Community measures in the foodstuffs field are aimed in
   particular at protecting public health , in the interests of legal
   efficiency such protection should be ensured by means to Community rules ,
   such as , for example , the Directive of 11 December 1973 ( th;; provisions
   of which are unchanged). Of itself , acceptance of the standards does
   not increase this protection , but pursues an economic objective , i.e.
   th3 promotion of trade .   This malces it possible to invoke the provisions
   relating to the commercial policy .
6. The Conrush ion also calls upon the Council to approve the attached
   draft of a letter to the Director General of FAO .
   This letter is to inform FAO of the decision accepting the standards in
   question and of the derogations specified in this Connection .
   It also replies to the two questions provided for in the text defining
   the form of acceptance subject to specified derogations , i.e.
   -*  whether products which comply fully with the standard may be distri– ,
       buted freely within the Community , and
   –   whether the Community expects to be able to accept the standards
       without reservation and , if so , when .
   The answer to both these questions is negative , since , as indicated in
   point 3 above , the derogations in question are based mainly on health
    considerations .
7.  The Commission would like the Council to reach a decision in sufficient
   time for it to be communicated to FAO before the next meeting of the
    Codex Commission which is due to be held from 1 to 12 July 1974 in Rome .
 ---pagebreak---  Proposal for a Council Decision on the acceptance of certain Codex
 standards for sugars intended for human consumption
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the proposal from the Commission ;
Whereas the Council Directive ( l ) of 11 December 1973 on the approximation
of the laws of the Member States concerning certain sugars intended for
human consumption determines at Community level the rules concerning the
composition , manufacturing specifications , labelling and packing of inter
alia , semi-white sugar , white sugar , glucose syrup , dried glucose syrup ,
dextrose monohydrate and dextrose anhydrous ;
Whereas , moreover , the Codex Alimentarius Commission has in the past
adopted several recommended international standards for the same type of
sugar ;
Whereas there is a great similarity between the Community rules and the
Codex standards and the Community is therefore able to approve the said
standards without amending its own legislation ;    whereas the proposed
derogations from the Codex standards in ;Community legislation are mostly
motivated by health considerations ;
Whereas acceptance of the Codex standards contributes to the expansion of
international trade ;
Whereas the provisions of the Directive under consideration must be applied
two years following its notification , that is to say , after 12 December 1 973 »
and consequently the acceptance of the Codex standards cannot take effect
until that date ;
( 1 ) OJ No L 356 , 27.12.1973 , p. 71
 ---pagebreak---                                           2  -
     EAS ADOPTEZ) TELS DECISION :
                                      Article 1
1.   The European Economic Community hereby accepts the following recommended
     international standards adopted by the Codex A1 inentarius Commission :
     –  Recommended  international standard for white sugar ( CAC/RS 4–1969 )
     –  Recommended  international standard for glucose syrup ( CAC/RS 9-1969 )
     –  Recommended  international standard for dried glucose syrup ( CAC/RS 10–1 969 )
     –  Recommended  international standard for dextrose monoliydrate (.CAC/RS 0-1969 )
   . –  Recommended  international standard for dextrose anhydrous ( CAC/RS 7–1969 ) '
2.   Acceptance is subject to the derogations specified in the Annex .
                                      Article 2
     This Dacision shall take effect on 12 December - 1 973 •
     Done at Brussels .                 ,         Por the Council
                                                  The Président
 ---pagebreak---                                        AICTEX
Comparison of the Community rules with certain
standards relating to sugars at      9
 ---pagebreak--- I.  Recommended artemat ionalst andard for white sugar ( at Step 9 of the
    Procedure for the Elaboration of Worldwide Standards ) ( CAC/RS 4–1969 ) •
    The Community defines semi-white sugar and sugar or white sugar .
    The former corresponds to Specifications A( 3 • 1 ) of the Codex standard , and
   the latter to Spécifications B(3.2 )
   3.    Essential composition and quality factors
         3.1    Spécification A
                3.1.3   Conductivity ash   :
                        The Community does not consider it necessary to adopt this
                        criterion for sugar or white sugar .
               3.1.5    Colours  :  The Community defines an equivalent criterion ,
                        i.e. colour type , which must equal not more than 12 points ,
                       where one point corresponds to " 0.5 units determined according
                       to the method of the Brunswick Institute for Agricultural
                       and Sugar Industry Technology described in Section A(2 ) of
                       the Annex to Commission Regulation ( EEC ) Uo 1265/69 ( l ) of
                        1 July 1969 establishing methods for determining the quality
                       of sugar bought in by intervention agencies .
         3«2   Spécification B
               3«2o3   Conductivity ash    :
               3.2.5   Colour
                       The Community does not consider it necessary to adopt these
                       two criteria in the case of semi–white sugar .   However , in
                      practice the Codex Specifications may be considered to be
                       equivalent to the Community ones .
   4»    Food additives
         4« 1  Sulphur dioxide
               Spécification A
               Spécification B
         For health reasons , the Community rules prescribe a maximum content of
         15 rag/kg. However, until the er^d of 1978 Member States may continue to
                                                                        •/
   ( 1 ) OJ N° L 163 of 4/7/1969 , P. 1
 ---pagebreak---                                         -•  ?  -
      apply national provisions authorising a residual sulphur dioxide content
      of up to 20 tag/kg in respect of products marketed in their territory .
5.    Contaminants
6.    Hygiene
      The Community specifies that these products must .be of. sound and fair
      marketable quality , but does not lay dona any. .criteria .
7.    Labelling
      7.1   Description of the product
            The descriptions of the standardised products in the various
            official Community languages are as follows :
          . French . : . .      sup;re or sucre blanc. ( Spécification A)
 .. .           _         ...   sucre mi–blanc ( Spécification B )
    ""      German              Zueker or Weisszucker
                  "   '       ' Halbweis s zucker'
            English     :       Sugar or white sugar
                                Semi-white sugar
            Italian     :       Zucchero or zucchero bianco
                                Zucchero di fabbrica
            Dutch       :       Suiker or witte suiker
                                Halfwitto suiker
            Danish      s       Sukker or hvidt sukker
                                Halvhvidt sukker
            The description " sugar or white sugar" may also , be . used to
            " extra white sugar ".                          .      . .....
            In addition to the obligatory description , the products defined
            may bear other descriptions current in the various Member Stairs
            provided that the latter descriptions are not liable to mislead
            consumers .
                                                                     ./•
 ---pagebreak--- Met content
Under Community rules , -the products must "be offered for sale at
the following net weights : 125g, 250g, 500g, 750g, 1kg, 1.5kg,
2kg, - 2.5kg," 3kg, 4kg and 5kg.
If the products are offered for sale in "pieces or in small
sachets the indication of net weight may be replaced by that of
the minimum net weight .
Moreover , the indication of net weight is hot required if the
products weigh less t&aai - 50g." " Thifl" ' excepti<5n does not' apply to
products weighing less than 50g each presented in packages contain­
ing two or more such products whose net weight inclusive of
packaging is not less than 50g, in which case the total net weight
of the products contained in the outer package must be indicated
thereon                                             """
In respect of products made up into packages or in containers of
a net weight equal to or exceeding 10kg which are. not offered for
retail sale , the indication of net , weight may if desired appear
only on the accompanying documents .
pi the interests of market . transparency and to enable consumers
to become familiar with the prescribed scjale > of weights , on a
transitional basis weights , net or gross , other, than those mentioned
above shall also be allowed if .these weights comply with the
national provisions in force or . with practices existing at the time
of notification of the rules .                       ■      >
Kame and address
The Community rules make        compulsory the following information :
"the name or trade name and the address or registered office of
the manufacturer or packer, Or of a seller established within
the Community",
 ---pagebreak---                                        -   4 -
          7.4  Country of origin
               This information is optional , although it must not be required
               for products manufactured within the Community .
      8.  Methods of analysis and sanrpling
          Methods of control are being studied in the Community .    Consequently ,
          the methods proposed in the Codex standard cannot be accepted at
          present .
 II . Recommended international standard for glucose syrup ( at Step 9 of the
      Procedure for the Elaboration of Worldwide Standards ) ( CAC/RS 9–1 9^5 ) and
[II . Recommended standard for dried glucose s.ygap ( at Step 9 of "the Procsdure
      for the Elaboration of Worldwide Standards )( CAC/RS 1969 )
      3»  Food additives
          3.1  Sulphur dioxide
               For health reasons t the Community prescribes a maximum residual
               content of 20 mg/kg . However , a content of 40 mg/kg is authorised
               until 1977 for products which are not intended for retail sale .
               The Member States may , in accordance with national provisions
               governing these foodstuffs , and without prejudice to Community
               provisions , fix the tolerances for glucose syrup offered for sale
               in their own territory at more than 20 mg/kg , but not more than
               400 mg/kg ( and not more than 150 nig/kg in the case of dried
               glucose syrup ) provided that these tolerances are justified by
               technological requirements .
      4.  Contaminants
      5.  Hygiene
          Ihe Community rules do not lay down criteria in this connection .
 ---pagebreak---                                        -  5
    6.  Label ling
        6.1   Description of the product
              The Community lays down the following provisions ;
              Where the residual sulphur dioxide content exceeds 20 mg/kg, the
              description "glucose syrup" or dried glucose syrup" is followed
              by a reference to the foodstuff for the manufacture of which it
              is intended , the maximum sulphur dioxide content of the product
              being indicated on the accompanying documents .
        6.2 Net contents                     )    The derogations specified in
        6.3 Name and address                 )    connection with the international
        6.4 Country of origin                )    standard for white sugar apply
    7.  Methods of analysis and sampling     )    here also .
IV. Recommended international standard for dextrose monohydrate ( at Step 9 of
    the Procedure for. the Elaboration of Worldwide St andards ) ( CAC/RS 8–1969 ) and
 V. Recommended international standard for dextrose anhydrous        ( at Step 9 of
    the Procedure for the Elaboration of Worldwide Standards ) ( CAC/RS 7-1969 )
    3.  Food addrfcives
        For health reasons , the Community rules prescribe a maximum residual
        content of 15 mg/kg. However , until 1979 Member States may continue
        to apply national provisions authorising a residual sulphur dioxide
        content of up to 20 mg/kg in respect of products marketed in their
        territory .
    4»  Contaminants                            )    The remarks made under these
    5 . Hygiene                                 )   headings in connection with
    6 . Labelling :                             )   the recommended international
        – the expressions "monohydrate sn and )*    standard for white sugar also
            "anhydrous"" are optional in the
            "anhydrous                          )    apply here .
            Community
        –   if the product is offered for sale
            in pieces or in small sachets , the
            indication of net weight may be
            replaced by that of the minimum
            net weight
    7.  Methods of analysis and sampling
 ---pagebreak--- Provisions not contained in Codex standards I to V
A.  The products covered by the standards tinder consideration
    -  may not be submitted to the blueing process ,
    – may contain colorants in so far as they are intended for vise
        in other foodstuffs , in accordance with the provisions applicable
       to the said foodstuffs and to the use of colouring agents therein .
    The qualifying expression " includes colouring agents " is obligatory
    in the description of products containing colouring agents and the
    term "white " is prohibited in this case .
B.  Member States may prohibit trade <?n their territory in the products
    defined if the descriptions thereof and – in the case of glucose
    syrup and. dried glucose syrup containing more than 20 mg/kg of
    sulphur dioxide ~ the description of the product followed by a
    reference to the foodstuff for the manufacture of which it is intended ,
    are not shown in the national language or languages on one side of the
    wrapping or container or , in the case of products raade up into packages
    or containers of a net weight equal to or exceeding 10 kg and not
    offered for retail sale , on the accompanying documents .
 ---pagebreak---                Draft of a letter from the Member of the Commission
               responsible to the Director General of PAO
Dear Sir ,
Subject :    Recommended international standards for
             –   white sugar and white plantation sugar
             –   glucose syrup
             –   dried glucose syrup
             –   dextrose monohydrate
             –   dextrose anhydrous
I have the honour to forward to you under cover of this letter a Decision
of the Council of the European Communities dated              by which the
European Economic Community accepts the above recommended international
standards .
This acceptance is subject to the derogations specified in the Annex to
the Decision . It will take effect on 12 December 1 973 * when the Community
legislation governing sugars covered by the standards in question will
be applied .
I further inform you that
– those sugars which , although they comply with the various standards
   in question , fail to satisfy a requirement of Community law, cannot
   be put on the market within the Community,
- the Community does not expect to be able to accept the said standards
   without reservation .
However , the Community remains prepared to collaborate in the approximation
of national regulations and to take part in any future discussions concern­
ing the sectors under consideration .
                                       Yours faithfully ,