{
  "url": "https://openlegislation.uk/eu-directive-2009-163/introduction",
  "json_url": "https://openlegislation.uk/eu-directive-2009-163/introduction.json",
  "legislation": "eudr/2009/163",
  "legislation_title": "Commission Directive 2009/163/EU of 22 December 2009 amending Directive 94/35/EC of the European Parliament and of the Council on sweeteners for use in foodstuffs with regard to neotame (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-163",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Directive 2009/163/EU\nof 22 December 2009\namending Directive 94/35/EC of the European Parliament and of the Council on sweeteners for use in foodstuffs with regard to neotame\n(Text with EEA relevance)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives, and in particular Article 31 thereof,\nAfter consulting the European Food Safety Authority (EFSA),\nWhereas:\n(1)\nDirective 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use in foodstuffs lays down a list of sweeteners that may be used in the Union and the conditions for their use.\n(2)\nThe European Food Safety Authority (EFSA) evaluated the safety of neotame as a sweetener and flavour enhancer and expressed its opinion of 27 September 2007. After considering all the data on stability, degradation products and toxicology, EFSA concluded that neotame is not of safety concern with respect to the proposed uses as a sweetener and flavour enhancer and established an acceptable daily intake (ADI) of 0–2 mg/kg bw/day. EFSA also noted that conservative estimates of neotame dietary exposure both in adults and children suggest that it is very unlikely that the ADI would be exceeded at the proposed use levels.\n(3)\nNeotame is a highly intense sweetener with a sweetness potency ranging from 7 000 to 13 000 times that of sucrose. It may be used as a replacement for sucrose or other sweeteners in a broad range of products. Neotame can be used alone or with other sweeteners. In addition, neotame can modify the flavour of foods and beverages.\n(4)\nIt is necessary to amend the Annex of Directive 94/35/EC to permit the use of neotame in the same food applications as the other currently permitted intense sweeteners. Neotame should be assigned a new E number, namely E 961. In order to facilitate the marketing and use of this new sweetener, it is provided that products which comply with the provisions of this Directive may be marketed from the date of its entry into force.\n(5)\nIn accordance with point 34 of the Interinstitutional agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public.\n(6)\nThe measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,\nHAS ADOPTED THIS DIRECTIVE:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 354, 31.12.2008, p. 16."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 237, 10.9.1994, p. 3."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Scientific Opinion of the Panel on Food Additives, ‘Flavourings, processing aids and materials in contact with food on a request from European Commission on neotame as a sweetener and flavour enhancer’. The EFSA Journal (2007) 581, pp. 1-43."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ C 321, 31.12.2003, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/163/introduction",
    "retrieved_at": "2026-11-01T15:22:03.796879+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}