Memorandum by the Department
1999 (S.I. 1999/1360)
1. The Committee has requested
the Department to submit a Memorandum on the following point:
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
2 June 1999