Legal provisions of COM(2002)375 - Amendment of Directive 94/35/EC on sweeteners for use in foodstuffs

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dossier COM(2002)375 - Amendment of Directive 94/35/EC on sweeteners for use in foodstuffs.
document COM(2002)375 EN
date December 22, 2003


Contents

Article 1

Directive 94/35/EC is hereby amended as follows:

1. Article 4 shall be replaced by the following:

"Article 4

It may be decided in accordance with the procedure laid down in Article 7:

- where there are differences of opinion as to whether sweeteners can be used in a given foodstuff under the terms of this Directive, whether that foodstuff is to be considered as belonging to one of the categories listed in the third column of the Annex, and

- whether a food additive listed in the Annex and authorised at quantum satis is used in accordance with the criteria referred to in Article 2.";

2. a third indent shall be added to Article 5(2):

"- salt of aspartame and acesulfame: contains a source of phenylalanine.";

3. Article 7 shall be replaced by the following:

"Article 7

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002(10), hereinafter referred to as the Committee.

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC(11) shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure."

4. the Annex shall be amended in accordance with the Annex to this Directive.

Article 2

By 29 January 2006 at the latest, the Commission shall submit a report to the European Parliament and the Council outlining the progress made in the re-evaluations of additives under way and setting out a provisional calendar for future re-evaluations, especially those for sucralose and salt of aspartame-acesulfame. These re-evaluations shall be carried out on the basis of consumer data supplied by the Member States and shall take account of the effects of additives on vulnerable population groups.

Article 3

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive in order to:

- authorise trade in and use of products conforming with this Directive by 29 January 2005 at the latest,

- prohibit trade in and use of products not conforming with this Directive by 29 July 2005 at the latest; however, products placed on the market before that date which do not comply with this Directive may be marketed until 29 January 2006.

They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 4

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.