CELEX: 51990PC0381
Language: en
Date: 1990-09-11
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON SWEETENERS FOR USE IN FOODSTUFFS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    C0MC90) 381 final - SYN 296
m                                  Brussels, 11 September 1990
                        Proposal for a
                      COUNCIL DIRECTIVE
             on sweeteners for use in foodstuffs
                 (presented by the Commission)
 ---pagebreak---                                       - 2 -
Explanatory Memorandum
Directive 89/107/EEC   of 21 December 1988 states in article 3 paragraphs 1 and
2 :
" 1. Particular provisions in respect of the additives in the categories given
     in Annex  I shall be laid down in a comprehensive directive,     including
     existing specific directives. That directive may, however, be drawn up in
     stages.
  2. The Council  shall,   acting on a proposal from the Commission under the
     procedure laid down in article 100 A of the Treaty, adopt :
     (a) a list of additives the use of which is authorized to the exclusion
         of all others;
     (b) the  list of foodstuffs to which these additives may be added,     the
         conditions under which they may be added and,     where appropriate, a
         limit on the technological purpose of their use;
     (c) the   rules on   additives used  as carrier  substances  and solvents,
         including where necessary their purity criteria."
 ---pagebreak---                                         - 3 -
In  this  context   and  considering    the   rapid   market  development     and  the
increasing consumer demand for reduced energy food,        action    on sweeteners is
called for as a priority.
The Scientific   Committee  for   Food has   been consulted.     Their opinions    are
published  in  the  16th  and   21st  series   of  the  Reports   of   the  Scientific
Committee for Food.
For those sweeteners for which specific        acceptable daily    intakes have been
specified  by the Scientific Committee     for Food maximum    levels are proposed.
Where the Scientific Committee for Food considered that it was not necessary
to numerically specify the acceptable daily intake the principle of "quantum
satis" is applied.
Specifications   of  identity   and   purity   for  sweeteners   will    be  drawn  up
according to the procedure laid down in Article 11 of Directive 89/107/EEC.
The Commission is presently examining the need for further mandatory labelling
of certain sweeteners and foodstuffs containing these sweeteners.
 ---pagebreak---                                  - 4 -
                              Proposal for a
                           COUNCIL DIRECTIVE
                 on sweeteners for use in foodstuffs
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 100a thereof,
Having regard to the proposal from the Commission ,
                                             2
In cooperation with the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Having regard to Council Directive 89/107/EEC of 21 December 1988 on the
approximation of the laws of the Member States concerning food additives
authorized for use in foodstuffs intended for human consumption , and in
particular Article 3(2) thereof,
After consultation of the Scientific Committee for Food,
Whereas, differences between national laws relating to sweeteners  and
their conditions of use hinder the free movement of foodstuffs; whereas
this situation may create conditions of unfair competition;
Whereas the prime consideration for any rules on sweeteners and their con-
ditions of use should be the need to protect the consumer;
 OJ No L 40, 11.2.1989, p.27.
 ---pagebreak---                                         - 5 -
Whereas,    having   regard  to  the  most   recent   scientific  and   toxicological
information,      these substances         are  to be permitted only      for certain
foodstuffs and under certains conditions of use;
Whereas this Directive is not intended to affect rules relating to functions
other   than  the   sweetening  properties   of   the  substances   covered   by this
Directive;
Whereas the Commission is to      adapt Community    provisions to bring them into
 line with the rules laid down in this Directive;
Whereas the use of sweeteners to replace sugar is justified for the production
of energy-reduced or sugar-free food and in some cases where the replacement
of sugar extends the shelf life,
 ---pagebreak---                                      - 6 -
HAS ADOPTED THIS DIRECTIVE I
                                   Article 1
1. This Directive is a specific directive forming a part of the comprehensive
   directive within the meaning of Article 3 of Directive 89/107/EEC.
2. This Directive  shall apply to food  additives which are  used to impart a
   sweet taste to foodstuffs, hereinafter referred to as "sweeteners".
3. This  Directive shall not apply  to  foodstuffs with  sweetening properties
   such as mono-, disaccharides and honey.
 ---pagebreak---                                      - 7 -
                                   Article 2
1.  Only sweeteners listed in the Annex may be used in foodstuffs.
2.  Sweeteners may only be used in those foodstuffs listed in the Annex  under
    the conditions specified therein.
3.  Sweeteners may not be used in foods intended for particular nutritional
    use by infants and young children, except where specially provided for.
4.  Maximum levels indicated in the Annex refer to the ready-for-consumption
    foodstuffs prepared according to the manufacturer's instructions.
                                    Article 3
   This Directive shall apply without prejudice to specific directives
   permitting additives listed in the Annex to be used for functions other
   than sweetening.
 ---pagebreak---                                    - 8 -
                                  Article 4
Where necessary,   it may be decided by the procedure laid down in Article 6
of this Directive,   whether a particular foodstuff belongs to a category of
foods mentioned in Article 2(3)    and foodstuffs listed in the Annex.
 ---pagebreak---                                     - 9 -
                                    Article 5
Any provision   necessary   to adapt existing    Community   provisions   to  the
rules laid down in this Directive shall be adopted within 6 months of its
notification according    to the  procedure   laid   down  in Article 6 of   this
Di rective.
                                   Article 6
Where   the procedure  laid down   in this   Article    is to be  followed, the
matter shall be referred to the Standing Committee for Foodstuffs ("Committee")
by the Chairman on his own initiative or at the request of the representative
of a Member State.
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 shall have the right     to ask   to have   its position   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.
 ---pagebreak---                                      - 10 -
                                     Article 7
   Member    States  shall  bring   into  force   the   laws, regulations  and
   administrative provisions necessary to comply with this Directive not later
   than April 30, 1992 in order to :
   - allow trade in and use of products conforming to this Directive no later
     than April 30, 1992,
   - prohibit trade in and use of products not conforming to this Directive no
      later than April 30, 1993.
   They shall inform the Commission thereof.
    These provisions shall make express reference to this Directive.
                                    Article 8
This  Directive is addressed to Member States.
Done at   Brussels
                                            I Of the Council
                                            The President
 ---pagebreak---                                                            - 11 -
                                                            ANNEX
Note : sugar free = without any added mono- and disaccharides.
  EEC N*       NAME                         FOODSTUFFS                           MAXIMUM
                                                                                  LEVEL
  E 420      Sorbitol
             (i) Sorbitol
             (ii) Sorbitol
  E 421      Mannitol
  E 953      I soma It         A l l foodstuffs excluding water based flavoured quantum
                               non-alcoholic drinks                             sat is
  E 965      Maltitol
             (i) Maltitol
             (ii) Maltitol
                   syrup
  E 966      Lactitol
  E 967      Xylitol
 ---pagebreak---                                                 - 12 -
EEC N'    NAME                  FOODSTUFFS                                   MAXIMUM
                                                                             LEVEL
E 950  Acesulfame K Non-alcoholic drinks
                    Energy reduced or sugar free water based
                    flavoured drinks                                       350 mg/l
                    Energy reduced or sugar free dairy based drinks        350 mg/l
                    Energy reduced or sugar free fruit juice based drinks  350 mg/l
                    Desserts
                    Energy reduced  or sugar free water based desserts     350 mg/kg
                    Energy reduced  or sugar free dairy based desserts     350 mg/kg
                    Energy reduced  or sugar free fruit based desserts     350 mg/kg
                    Energy reduced  or sugar free egg based desserts       350 mg/kg
                    Energy reduced  or sugar free cereal based desserts    350 mg/kg
                    Energy reduced  or sugar free fat based desserts       350 mg/kg
                    Breakfast cereals                                      350 mg/kg
                    Edible Ices
                    Energy reduced or sugar free edible ices               80C mg/kg
                    Fruit
                    Energy reduced or sugar free canned or bottled fruit   350 mg/kg
                    Energy reduced jams, jellies, marmalades              1000 mg/kg
                    Energy reduced fruit preparations                      350 mg/kg
                    Sweet sour preserves of fruit                          200 mg/kg
 ---pagebreak---                                        - 13 -
EEC N' NAME            FOODSTUFFS                               MAXIMUM
                                                                LEVEL
            Confectionery
            Sugar free confectionery                          500 mg/kg
            Energy reduced or sugar free cocoa or nut based
            confectionery                                     500 mg/kg
            Energy reduced or sugar free starch based
            confectionery                                    1000 mg/kg
            Energy reduced or sugar free cocoa, dairy,
            nut or fat based sandwich spreads               ,1000 mg/kg
            Sugar free chewing gum                          i 2000 mg/kg
            Bakery products
            Fine bakery wares for special nutritional uses   1000 mg/kg
            Fish, crustaceans, molluscs
            Sweet sour preserves and marinades of fish,
              crustaceans and molluscs                        200 mg/kg
            Vegetables
            Sweet sour vegetables preserves                   200 mg/kg
 ---pagebreak---                                                - 14 -
EEC N' NAME                       FOODSTUFFS                     MAXIMUM
                                                                 LEVEL
            Alcoholic drinks
            Cider and perry                                   | 350 mg/l
            Beer of the following types :
            - gueuze
            - kriek-lambic
            - bière de table (original wort content not more
               than 6%)
            - oud bruin
            - obergaeriges Einfachbier (original wort content
               not more than 6%)                              I 350 mg/l
            Other
            E m u l s i f i e d sauces                          350 mg/kg
            N o n - e m u l s i f i e d sauces                  350 mg/kg
            Mustard                                             350 mg/kg
            Salads prepared with sauces                         350 mg/kg
            Special diets
            Formulae for weight control intended to replace
            total daily food intake or an individual meal     | 450 mg/kg
            Complete formulae and nutritional supplements for
            use under medical control                         | 450 mg/kg
            Liquid dietary supplements                        | 350 mg/kg
            Solid dietary supplements                         j 500 mg/kg
 ---pagebreak---                                              - 15 -
EEC N'    NAME               FOODSTUFFS                                   MAXIMUM
                                                                          LEVEL
E 951  Aspartame Non-alcoholic drinks
                 Energy reduced or sugar free water based
                 flavoured drinks                                       600 mg/l
                 Energy reduced or sugar free dairy based drinks        600 mg/l
                 Energy reduced or s-gar free fruit juice based drinks  600 mg/l
                 Desserts
                 Energy reduced  or sugar free water based desserts    1000 mg/kg
                 Energy reduced  or sugar free dairy based desserts    1000 mg/kg
                 Energy reduced  or sugar free fruit based desserts    1000 mg/kg
                 Energy reduced  or sugar free egg based desserts      1000 mg/kg
                 Energy reduced  or sugar free cereal based desserts   1000 mg/kg
                 Energy reduced  or sugar free fat based desserts      1000 mg/kg
                 Breakfast cereals                                     1000 mg/kg
                 Edible Ices
                 Energy reduced or sugar free edible ices               800 mg/kg
                 Fruit
                 Energy reduced or sugar free canned or bottled fruit  1000 mg/kg
                 Energy reduced jams, jellies, marmalades              1000 mg/kg
                 Energy reduced fruit preparations                     1000 mg/kg
                 Sweet sour preserves of fruit                          300 mg/kg
 ---pagebreak---                                          - 16 -
EEC N° | NAME            FOODSTUFFS                              MAXIMUM
                                                                 LEVEL   |
              Confectionery
              Sugar free confectionery                        2000 mg/kg
              Energy reduced or sugar free cocoa or nut based
              confectionery                                   200C mg/kg j
              Energy reduced or sugar free starch based
              confectionery                                   2000 mg/kg |
              Energy reduced or sugar free cocoa, dairy,
              nut or fat based sandwich spreads               1000 mg/kg |
              Sugar free chewing gum                          5500 mg/kg |
              Bakery products
              Fine bakery wares for special nutritional uses  1700 mg/kg |
              Fish, crustaceans, molluscs
              Sweet sour preserves and marinades of fish,
                crustaceans and molluscs                       300 mg/kg |
              Vegetables
              Sweet sour vegetables preserves                  300 mg/kg |
 ---pagebreak---                                                - 17 -
EEC N( NAME                      FOODSTUFFS                     MAXIMUM
                                                                LEVEL
            Alcoholic drinks
            Cider and perry                                    600 mg/l
            Beer of the following types :
            - gueuze
            - kriek-lambic
            - bière de table (original wort content not more
               than 6%)
            - oud bruin
            - obergaeriges Einfachbier (original wort content
               not more than 6%)                               600 mg/l
            Other
            E m u l s i f i e d sauces                         350 mg/kg
            N o n - e m u l s i f i e d sauces                 350 mg/kg
            Mustard                                            350 mg/kg
            Salads prepared with sauces                        300 mg/kg
            Special diets
            Formulae for weight control intended to replace
            total daily food intake or an individual meal      800 mg/kg
            Complete formulae and nutritional supplements for
            use under medical control                         1000 mg/kg
            Liquid dietary supplements                         600 mg/kg
            Solid dietary supplements                         2000 mg/kg
 ---pagebreak---                                                  - 18 -
EEC N«    NAME                   FOODSTUFFS                                   MAXIMUM
                                                                              LEVEL (*)
E 952  Cyclamic acid Non-alcoholic drinks
       and its Na
       and Ca salts  Energy reduced or sugar free water based
                     flavoured drinks                                       400 mg/l
                     Energy reduced or sugar free dairy based drinks        400 mg/l
                     Energy reduced or sugar free fruit juice based drinks  400 mg/l
                     Desserts
                     Energy reduced  or sugar free water based desserts     250 mg/kg
                     Energy reduced  or sugar free dairy based desserts     250 mg/kg
                     Energy reduced  or sugar free fruit based desserts     250 mg/kg
                     Energy reduced  or sugar free egg based desserts       250 mg/kg
                     Energy reduced  or sugar free cereal based desserts    250 mg/kg
                     Energy reduced  or sugar free fat based desserts       250 mg/kg
                     Breakfast cereals                                      250 mg/kg
                     Edible Ices
                     Energy reduced or sugar free edible ices               400 mg/kg
                     Fruit
                     Energy reduced or sugar free canned or bottled fruit  1000 mg/kg
                     Energy reduced jams, jellies, marmalades              1000 mg/kg
                     Energy reduced fruit preparations                      250 mg/kg
 ---pagebreak---                                                         - 19 -
  EEC N°  |    NAME        |            FOODSTUFFS                             |    MAXIMUM
                                                                               |    LEVEL (*)
                           | Confectionery
                           | Sugar free confectionery                           1000 mg/kg
                           | Energy reduced or sugar free cocoa or nut based
                           | confectionery                                      1000 mg/kg
                           | Energy reduced or sugar free starch based
                           | confectionery                                      1000 mg/kg
                           | Energy reduced or sugar free cocoa, dairy,
                           | nut or fat based sandwich spreads                 11000 mg/kg
                           | Sugar free chewing gum                             3000 mg/kg
                           | Bakery products
                           | Fine bakery wares for special nutritional uses     1700 mg/kg
                           | Alcoholic drinks
                           j Cider and perry                                     350 mg/l
                           | Special diets
                           | Formulae for weight control intended to replace
                           | total daily food intake or an individual meal     | 400 mg/kg
                           | Complete formulae and nutritional supplements for
                           | use under medical control                         | 400 mg/kg
                           | Liquid dietary supplements                          400 mg/kg
                           | Solid dietary supplements                          1000 mg/kg
(*) expressed as free acid
 ---pagebreak---                                                  - 20 -
EEC N'    NAME                   FOODSTUFFS                                  MAXIMUM
                                                                             LEVEL (*)
E 954  Saccharin and Non-alcoholic drinks
       its Na, K and
       Ca salts      Energy reduced or sugar free water based
                     flavoured drinks                                       80 mg/l
                     Energy reduced or sugar free dairy based drinks        80 mg/l
                     Energy reduced or sugar free fruit juice based drinks  80 mg/l
                     Desserts
                     Energy reduced  or sugar free water based desserts    100 mg/kg
                     Energy reduced  or sugar free dairy based desserts    100 mg/kg
                     Energy reduced  or sugar free fruit based desserts    100 mg/kg
                     Energy reduced  or sugar free egg based desserts      100 mg/kg
                     Energy reduced  or sugar free cereal based desserts   100 mg/kg
                     Energy reduced  or sugar free fat based desserts      100 mg/kg
                     Breakfast cereals                                     100 mg/kg
                     Edible Ices
                     Energy reduced or sugar free edible ices              100 mg/kg
                     Fruit
                     Energy reduced or sugar free canned or bottled fruit  200 mg/kg
                     Energy reduced jams, jellies, marmalades              200 mg/kg
                     Energy reduced fruit preparations                     100 mg/kg
                     Sweet sour preserves of fruit                         160 mg/kg
 ---pagebreak---                                        - 21 -
EEC N' NAME            FOODSTUFFS                              MAXIMUM
                                                               LEVEL (*)
            Confectionery
            Sugar free confectionery                         500 mg/kg
            Energy reduced or sugar free cocoa or nut based
            confectionery                                    500 mg/kg
            Energy reduced or sugar free starch based
            confectionery                                    300 mg/kg
            Essoblaten                                       800 mg/kg
            Energy reduced or sugar free cocoa, dairy,
            nut or fat based sandwich spreads                200 mg/kg
            Sugar free chewing gum                          1200 mg/kg
            Bakery products
            Fine bakery wares for special nutritional uses   170 mg/kg
            Fish, crustaceans, molluscs
            Sweet sour preserves and marinades of fish,
              crustaceans and molluscs                       160 mg/kg
            Vegetables
            Sweet sour vegetables preserves                  160 mg/kg
 ---pagebreak---                                                                - 22 -
  EEC N<       NAME                              FOODSTUFFS                    MAXIMUM
                                                                               LEVEL (*)
                            Alcoholic          drinks
                            Cider and p e r r y                                80 mg/l
                            Beer of the f o l l o w i n g types :
                            - gueuze
                            - kriek-lambic
                            - bière de table (original wort content not more
                               than 6%)
                            - oud bruin
                            - obergaeriges Einfachbier (original wort content  80 mg/l
                               not more than 6%)
                            Other
                            E m u l s i f i e d sauces                        160 mg/kg
                            N o n - e m u l s i f i e d sauces                160 mg/kg
                            Mustard                                           320 mg/kg
                            Salads prepared with sauces                       100 mg/kg
                            Special diets
                            Formulae for weight control intended to replace
                            total daily food intake or an individual meal     240 mg/kg
                            Complete formulae and nutritional supplements for
                            use under medical control                         200 mg/kg
                            Liquid dietary supplements                         80 mg/kg
                            Solid dietary supplements                         500 mg/kg
(*) expressed as free imide
 ---pagebreak---                                                   - 23 -
| EEC N°  |    NAME   |             FOODSTUFFS                           j  MAXIMUM j
I        I          I                                                   I  LEVEL    |
j E 957   | Thaumatin | Confectionery                                   |           j
|         |           | Sugar free confectionery                         j 50 mg/kg  |
|         j           | Energy reduced or sugar free cocoa or nut based  j          |
|         |           | confectionery                                    j 50 mg/kg  |
j         j           | Sugar free chewing gum                          ! 50 mg/kg  |
 ---pagebreak---                                                   - 24 -
EEC N'    NAME                    FOODSTUFFS                                 MAXIMUM
                                                                             LEVEL
E 959  Neohesperidine Non-alcoholic drinks
       DC
                      Energy reduced or sugar free water based
                      flavoured drinks                                      30 mg/l
                      Energy reduced or sugar free dairy based drinks       50 mg/l
                      Energy reduced or sugar free fruit juice based drinks 30 mg/l
                      Desserts
                      Energy reduced  or sugar free water based desserts    50 mg/kg
                      Energy reduced  or sugar free dairy based desserts    50 mg/kg
                      Energy reduced  or sugar free fruit based desserts    50 mg/kg
                      Energy reduced  or sugar free egg based desserts      50 mg/kg
                      Energy reduced  or sugar free cereal based desserts   50 mg/kg
                      Energy reduced  or sugar free fat based desserts      50 mg/kg
                      Edible Ices
                                                                            50 mg/kg
                      Energy reduced or sugar free edible ices
                      Fruit
                                                                            50 mg/kg
                      Energy reduced or sugar free canned or bottled fruit  50 mg/kg
                      Energy reduced jams, jellies, marmalades              50 mg/kg
                      Energy reduced fruit preparations
 ---pagebreak---                                        - 25 -
EEC N" NAME             FOODSTUFFS                              MAXIMUM
                                                                LEVEL
            Confectionery
            Sugar free confectionery                          100 mg/kg
            Energy reduced or sugar free cocoa or nut based
            confectionery                                     100 mg/kg
            Sugar free chewing gum                            400 mg/kg
            Alcoholic drinks
            Cider and perry                                    20 mg/l
            Beer of the following types :
            - gueuze
            - kriek-lambic
            - bière de table (original wort content not more
              than 6%)
            - oud bruin
            - obergaeriges Einfachbier (original wort content
              not more than 6%)                                10 mg/l
 ---pagebreak---                                    --2C-
                 COMPETITIVENESS. AND EMPLOYMENT IMPACT STATEMENT
 I.     What is the main reason fur introducing the measure ?
       a) Completion on the framwork directive on food additives (107/89/CEE)
       b) To take into account the increasing consumer demand for reduced energy
           foodstuffs
        c) Initiates in the case of certain sweeteners new community legislation and
           harmonizes their use within the internat market.
 II,    features of the businesses in question. In particular :
                                                                      Ycs
        (a) Are there many SMEs ?    "
        (b) Are they concentrated in regions which are :
                                                                      No
              i) eligible for regional aid in the Member States ?
                                                                      N
            ii) eligible under the ERDF ?                               °
.III.   What direct obligations does this measure impose on businesses ?
       Alternations in m?nufacting processes
       Alterations in the labelling of the food product
 IV.    What indirect obligations are loc#l authorities likely to impose
       on businesses ?
       None as is known
 V.     Are there any special measures in respect of SMEs ?    Please specify
       None
 VI.    What is the likely effect on :
        (a) the competitive .vis s of businesses ?
            Increase competitiveness
        (b) the employer ?
            minimal
 VII.  Have both sides of industry been consulted ?
       tes# frequently
       Please Indicate their opinions
      _All sides of 1n&*try "in this case are in favour of the proposal.-. D G X H
       has had to balance industry demands against safety aspect^of the levels
       eveatuaIly opted for.
 ---pagebreak---                                                                                  ISSN 0254-1475
                                                                 COM(90) 381 final
                                                       DOCUMENTS
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