S.I. No. 61/2005 -- European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) Regulations 2005
STATUTORY INSTRUMENT |
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EUROPEAN COMMUNITIES (ADDITIVES, COLOURS AND SWEETENERS IN FOODSTUFFS) (AMENDMENT) REGULATIONS 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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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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