10. 9. 94 Official Journal of the European Communities No L 237/3 EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/35/EC of 30 June 1994 on sweceteners for use in foodstuffs THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption ('), and in particular Article 3 (2) thereof, Having regard to the proposal from the Commission (%), Having regard to the opinion of the Economic and Social Committee (%), After consultation of the Scientific Committee for Food, Acting in accordance with the procedure referred to in Article 189b of the Treaty (*), Whereas differences between national laws relating to sweeteners and their conditions of use hinder the free movement of foodstuffs; whereas this situation may create conditions of unfair competition; Whereas the prime consideration for any rules on sweeteners and their conditions of use should be the need to protect and inform the consumer; Whereas, having regard to the most recent scientific and toxicological information, these substances are to be permitted only for certain foodstuffs and under certain conditions of use; Whereas this Directive does not affect rules relating to functions other than the sweetening properties of the substances covered by this Directive; (") O] No L 40, 11. 2. 1989, p. 27. Directive as amended by Directive 94/34/EC (see page 1 of this Official Journal). (3) OJ No C 206, 13. 8. 1992, p. 3. (*) OJ No C 332, 16. 12. 1992, p. 10. (*) Opinion of the European Parliament of 29 October 1993 (O] No C 305, 23. 11. 1993), confirmed on 2 December 1993 (OJ No C 342, 20. 12. 1993), Council common position of 11 November 1993 (not yet published in the Official Journal) and Decision of the Europcan Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994, p. 81). Whereas the use of sweeteners to replace sugar is justified for the production of energy-reduced food, non- cariogenic foodstuffs or food without added sugars, for the extension of shelf life through the replacement of sugar, and for the production of dietetic products, HAVE ADOPTED THIS DIRECTIVE: Article 1 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 ‘swecteners’, 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 1l 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 swectening 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 swectening propertics. Article 2 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.