Statutory Instrument

S.I. No. 192 of 2005

European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) (No. 2) Regulations 2005

S.I. No. 192 of 2005

European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) (No. 2) Regulations 2005

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 Commission Directive 2004/46/EC¹ of 16 April 2004 amending Directive 95/31/EC² as regards sucralose (E955) and salt of aspartameacesulfame (E 962), hereby make the following regulations:

1.         (1) These Regulations may be cited as the European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) (No. 2) Regulations 2005.

(2) The collective citation “the European Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations 2000 to 2005” includes these Regulations.

2.         In these Regulations “Principal Regulations” means the European Communities (Additives, Colours and Sweeteners in Foodstuffs) Regulations 2000 ( S.I. No. 437 of 2000 ).

3.         The Principal Regulations are amended --

(a) in Regulation 2(1), by substituting for the definition of “the Directives”, the following definition:

“‘the Directives’ means Council Directive 89/107/EEC¹ of 21 December 1988 (as amended by European Parliament and Council Directive 94/34/EC² of 30 June 1994), European Parliament and Council Directive 94/35/EC³ of 30 June 1994 (as amended by Directive 96/83/EC⁴ of the European Parliament and of the Council of 19 December 1996, and Directive 2003/115/EC^4A of the European Parliament and of the Council of 22 December 2003), European Parliament and Council Directive 94/36/EC⁵ of 30 June 1994, Commission Directive 95/31/EC⁶ of 5 July 1995 (as amended by Commission Directive 98/66/EC⁷ of 4 September 1998, Commission Directive 2000/51/EC^7A of 26 July 2000, Commission Directive 2001/52/EC^7B of 3 July 2001 and Commission Directive 2004/46/EC^7C of 16 April 2004) and Commission Directive 95/45/EC⁸ of 26 July 1995 (as amended by Commission Directive 1999/75/EC⁹ of 22 July 1999 and Commission Directive 2001/50/EC^9A of 3 July 2001)”,

and by the deletion of all previous footnotes to the definition, and by the addition of the following footnotes thereto:

^4A OJ L 24, 29.1.2004, p. 65

^7A OJ L 198, 4.8.2000, p. 41

^7B OJ L 190, 12.7.2001, p. 18

^7C OJ L 114, 21.4.2004, p. 15

^9A OJ L 190, 12.7.2001, p. 14,

(b) by the deletion of footnote 10C,

(c) in Regulation 2(1), by substituting for the definition of “Directive 95/31/EC” the following definition:

“‘Directive 95/31/EC’ means Commission Directive 95/31/EC⁶ of 5 July 1995 laying down specific criteria of purity concerning sweeteners for use in foodstuffs as amended by Commission Directive 98/66/EC⁷ of 4 September 1998, Commission Directive 2000/51/EC^7A of 26 July 2000, Commission Directive 2001/52/EC^7B of 3 July 2001 and by Commission Directive 2004/46/EC^7C of 16 April 2004”.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to Commission Directive 2004/46/EC of 16 April 2004 amending Directive 95/31/EC as regards E 955 sucralose and E 962 salt of aspartameacesulfame. Directive 2004/46/EC amends Commission Directive 95/31/EC of 5 July 1995 laying down specific criteria of purity concerning sweeteners for use in foodstuffs (as previously amended by Commission Directive 98/66/EC of 4 September 1998, Commission Directive 2000/51/EC of 26 July 2000 and Commission Directive 2001/52/EC of 3 July 2001).

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.

These Regulations may be cited as the European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) (No. 2) Regulations 2005 ( S.I. No.192 of 2005 ).

¹ OJ L 114, 21.4.2004, p.15

² OJ L 178, 28.7.1995, p.1