Joint Committee on Statutory Instruments Twenty-Second Report


Memorandum by the Department of Health


  1. The Committee has requested the Department to submit a Memorandum on the following point:

    "New paragraph 2C(5)(a) of Chapter IV of Schedule I to the 1995 Regulations, as inserted by regulation 4, applies regulation 4(3) of the 1995 Regulations to the transport of raw sugar by sea under new paragraph 2B, with modifications in relation to ensuring the "wholesomeness" of food within the meaning of that regulation 4(3)."

  2. Article 4(2) of Directive 98/28/EC makes provision for the safety and wholesomeness of sugar within the meaning of Article 3(2) of Directive 93/43/EEC. Unfortunately, Article 3(2) of that Directive only refers to the safety of food and not to its wholesomeness. Article 3(2) of Directive 93/43/EEC was implemented in regulation 4(3) of the 1995 Regulations, which, as the Committee notes, also refers only to the safety of food and not to its wholesomeness.

  3. When implementing Article 4(2) of Directive 98/28/EC, it was decided to adopt a copy-out approach as far as possible, in order to ensure the correct implementation of Community law. Therefore, the term "wholesomeness" is referred to because it is found in the provision being implemented.

  4. We recognise that Directive 98/28/EEC is inconsistent in referring to wholesomeness within the meaning of Article 3(2) of Directive 93/43/EEC, and that that inconsistency is reflected in regulation 4 of the 1999 Regulations. The term "wholesomeness" will have the same effect in the implementing regulation as it has in Article 4(2) of Directive 98/28/EC.

2 June 1999

previous page contents

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 21 July 1999