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STATUTORY INSTRUMENT
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S.I. No. 61
of 2005
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EUROPEAN COMMUNITIES (ADDITIVES, COLOURS
AND SWEETENERS IN FOODSTUFFS) (AMENDMENT) REGULATIONS 2005
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S.I. No. 61 of 2005
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EUROPEAN COMMUNITIES (ADDITIVES, COLOURS AND
SWEETENERS IN FOODSTUFFS) (AMENDMENT) REGULATIONS 2005
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I, MARY HARNEY, Minister for Health and Children, in exercise of
the powers conferred on me by section 3 of the European Communities Act 1972
( No. 27 of 1972 ), and for the purpose of giving effect to Directive
2003/115/EC1 of the European
Parliament and of the Council of 22 December 2003 amending Directive
94/35/EC2 on sweeteners for use in foodstuffs, hereby make the
following regulations:
1. (1) These Regulations
may be cited as the European Communities (Additives, Colours and Sweeteners
in Foodstuffs) (Amendment) Regulations 2005.
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(2) The Principal
Regulations, the Regulations of 2001 and 2002 and these Regulations may be cited
together as the European Communities (Additives, Colours and Sweeteners in
Foodstuffs) Regulations 2000 to 2005.
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(3) Subject to Regulation
4(2), these Regulations shall come into operation on 29 July 2005.
2. In these Regulations—
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“Minister” means the Minister for Health and
Children;
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“Principal Regulations” means the European
Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations
2000 ( S.I. No. 437 of 2000 );
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“Regulations of 2001” means the European
Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment)
Regulations 2001 ( S.I. No. 342 of 2001 ), and
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“Regulations of 2002” means the European
Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment)
Regulations 2002 ( S.I. No. 344 of 2002 ) and the
European Communities (Additives, Colours and Sweeteners in Foodstuffs)
(Amendment No. 3) Regulations 2002 ( S.I. No. 380 of 2002 ).
3. The Principal
Regulations are amended—
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(a) in Regulation 2(1), in the
definition of “the Directives”, by substituting
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“European Parliament and Council Directive
94/35/EC of 30 June 1994 (as amended by Directive 96/83/EC of the European Parliament
and of the Council of 19 December 1996, and Directive 2003/115/EC of the
European Parliament and of the Council of 22 December 2003)”
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for
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“European Parliament and Council Directive 94/35/EC
of 30 June 1994 (as
amended by Directive 96/83/EC of the European Parliament and of the Council
of 19 December 1996)”,
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(b) in Regulation 2(1), by
substituting for the definition of “Directive 94/35/EC” the following
definition:
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“‘Directive 94/35/EC’ means European
Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for
use in foodstuffs (as amended by Directive 96/83/EC of the European
Parliament and of the Council of 19 December 1996, and Directive 2003/115/EC10C
of the European Parliament and of the Council of 22 December 2003)”,
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and by the addition of the following footnote
thereto:
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“10C OJ
L 24, 29.1.2004, p.65”;
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(c) in Regulations 10, 11, 12 and
14, by deleting the words (as supplemented by the Annex to Directive
96/83/EC)” in each place where they occur, and
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(d) by substituting for
Regulation 15(1)(b) the following:
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(b) “the labelling of a
table-top sweetener, containing polyols, or
aspartame, or salt of aspartame and acesulfame, or
any of these, bears the following warnings, as appropriate—
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(i) in the
case of polyols, “excessive consumption may induce
laxative effects”,
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(ii) in the case of aspartame, “contains a
source of phenylalanine”, and
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(iii) in the case of
salt of aspartame and acesulfame, “contains a
source of phenylalanine.”
4. (1) Products placed on the market before 29
July 2005, which do not comply with Directive 2003/115/EC, may be marketed
until 29 January 2006 at the latest and such provisions of these Regulations
as give effect to Directive 2003/115/EC shall not apply to such stocks.
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(2) Products complying with Directive 2003/115/EC
may be placed on the market from the date these Regulations are signed by
the Minister.
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(3) In this Regulation, “Directive 2003/115/EC”
means Directive 2003/115/EC1 of
the European Parliament and of the Council of 22 December 2003 amending Directive 94/35/EC on
sweeteners for use in foodstuffs.
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GIVEN under my Official
Seal, this 8th day of February 2005.
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MARY HARNEY,
Minister for Health and Children.
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EXPLANATORY NOTE
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(This note is not part of the instrument and does
not purport to be a legal interpretation).
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These Regulations give effect to Directive
2003/115/EC of the European Parliament and of the Council of 22 December 2003 amending
European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in
foodstuffs (as previously amended by Directive 96/83/EC of the European
Parliament and of the Council of 19
December 1996).
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These Regulations amend the European
Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations
2000 ( S.I. No. 437 of 2000 ) in the manner
specified in these Regulations.
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These Regulations may be
cited as the European Communities (Additives, Colours and Sweeteners in
Foodstuffs) (Amendment) Regulations 2005 ( S.I.
No.61 of 2005 ).
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1OJ L24, 29/1/2004, p.65
1OJ L237, 10/9/1994, p.3
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