European Parliament and Council Directive 94/35/EC (repealed)Show full title

Article 1 U.K.

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, hereinafter referred to as ‘sweeteners’, which are used:

• to impart a sweet taste to foodstuffs,

• as table-top sweeteners.

3. For the purposes of this Directive, ‘with no added sugar’ and ‘energy-reduced’ in column III of the Annex shall be defined as follows:

• ‘with no added sugar’: without any added mono- or disaccharides or any other foodstuff used for its sweetening properties,

• ‘energy-reduced’: with an energy value reduced by at least 30 % compared with the original foodstuff or a similar product.

4. This Directive shall not apply to foodstuffs with sweetening properties.

[F1 5. This Directive shall also apply to the corresponding foodstuffs intended for particular nutritional uses within the meaning of Directive 89/398/EEC.]

Textual Amendments

F1 Inserted by Directive 96/83/EC of the European Parliament and of the Council of 19 December 1996 amending Directive 94/35/EC on sweeteners for use in foods.

Article 2 U.K.

1. Only sweeteners listed in the Annex may be placed on the market with a view to:

• sale to the ultimate consumer,

  or

• use in the manufacture of foodstuffs.

2. Sweeteners referred to in the second indent of paragraph 1 may only be used in the manufacture of the foodstuffs listed in the Annex under the conditions specified therein.

[F1 3. Sweeteners may not be used in food for infants and young children as referred to in Directive 89/398/EEC, including food for infants and young children who are not in good health, unless otherwise laid down in specific provisions.]

4. The maximum usable doses indicated in the Annex refer to ready-to-eat foodstuffs prepared according to the instructions for use.

[F1 5. In the Annex ‘ quantum satis ’ means that no maximum level is specified. However, sweeteners shall be used in accordance with good manufacturing practice, at a dose level not higher than is necessary to achieve the intended purpose and provided the consumer is not misled.

Textual Amendments

F1 Inserted by Directive 96/83/EC of the European Parliament and of the Council of 19 December 1996 amending Directive 94/35/EC on sweeteners for use in foods.

Article 2a U.K.

Without prejudice to other Community provisions, the presence of a sweetener in a foodstuff is permissible:

• in compound foodstuffs with no added sugar or energy-reduced, in compound dietary foodstuffs intended for a low-calorie diet and in compound foodstuffs with a long shelf-life, other than those mentioned in Article 2 (3), insofar as the sweetener is permitted in one of the ingredients of the compound foodstuff, or

• if the foodstuff is intended to be used solely in the preparation of a compound foodstuff which conforms to this Directive.]

Textual Amendments

F1 Inserted by Directive 96/83/EC of the European Parliament and of the Council of 19 December 1996 amending Directive 94/35/EC on sweeteners for use in foods.

Article 3 U.K.

1. This Directive shall apply without prejudice to specific directives permitting additives listed in the Annex to be used for purposes other than sweetening.

2. This Directive shall also apply without prejudice to Community provisions governing the composition and the description of foodstuffs.

[F2 Article 4 U.K.

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.]

Textual Amendments

F2 Substituted by Directive 2003/115/EC of the European Parliament and of the Council of 22 December 2003 amending Directive 94/35/EC on sweeteners for use in foodstuffs.

Article 5 U.K.

1. The sales description of a table-top sweetener must include the term ‘…-based table-top sweetener’, using the name(s) of the sweetening substance(s) used in its composition.

2. The labelling of a table-top sweetener containing polyols and/or aspartame must bear the following warnings:

• polyols: ‘excessive consumption may induce laxative effects’,

• aspartame: ‘contains a source of phenylalanine’[F2 ,]

• [F3 salt of aspartame and acesulfame: ‘ contains a source of phenylalanine ’ .]

Textual Amendments

F2 Substituted by Directive 2003/115/EC of the European Parliament and of the Council of 22 December 2003 amending Directive 94/35/EC on sweeteners for use in foodstuffs.

F3 Inserted by Directive 2003/115/EC of the European Parliament and of the Council of 22 December 2003 amending Directive 94/35/EC on sweeteners for use in foodstuffs.

Article 6 U.K.

Provisions concerning:

• the details which must appear on the labelling of foodstuffs containing sweeteners in order to make their presence clear,

• warnings concerning the presence of certain sweeteners in foodstuffs,

shall be adopted in accordance with the procedure laid down in Article 7 before expiry of the time limit laid down in the first indent of Article 9 (1).

[F2 Article 7 U.K.

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 (1) , hereinafter referred to as ‘the Committee’.

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (2) 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.]

Textual Amendments

F2 Substituted by Directive 2003/115/EC of the European Parliament and of the Council of 22 December 2003 amending Directive 94/35/EC on sweeteners for use in foodstuffs.

Article 8 U.K.

1. Within three years of adoption of this Directive, in accordance with the general criteria of point 4 of Annex II to Directive 89/107/EEC, Member States shall establish a system of consumer surveys to monitor sweetener consumption.

The details of this monitoring system shall be coordinated in accordance with the procedure laid down in Article 7.

2. Within five years of adoption of this Directive, the Commission shall submit to the European Parliament and the Council a report, based on information obtained through the monitoring system referred to in paragraph 1, on changes in the sweeteners market, levels of use, and whether there is a further need to restrict conditions of use, including by means of appropriate warnings to consumers, to ensure that use does not exceed the acceptable daily intake. If necessary, the report shall be accompanied by proposals for amendment to this Directive.

Article 9 U.K.

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1995. These measures are intended to:

• allow, not later than 31 December 1995, trade in and use of products conforming to this Directive,

• prohibit, not later than 30 June 1996, trade in and use of products not conforming to this Directive; products put on the market or labelled before that date which do not comply with this Directive may, however, be marketed until stocks are exhausted.

They shall inform the Commission forthwith thereof.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Article 10 U.K.

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

Article 11 U.K.

This Directive is addressed to the Member States.