
Article 1 
The Annex to Directive 94/35/EC is amended in accordance with the Annex to this Directive.
Article 2 

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 October 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
3. Products which comply with the provisions of this Directive may be marketed from the date of entry into force of this Directive.
Article 3 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4 
This Directive is addressed to the Member States.
Done at Brussels, 22 December 2009.
For the Commission
The President
José Manuel BARROSO
ANNEX

In the Annex to Directive 94/35/EC the following entry E 961 is inserted after the entry E 959:

EC No Name Foodstuffs Maximum usable dose
‘E 961 Neotame Non-alcoholic drinks 
Water-based flavoured drinks, energy-reduced or with no added sugar 20 mg/l
Milk- and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar 20 mg/l
Desserts and similar products 
Water-based flavoured desserts, energy-reduced or with no added sugar 32 mg/kg
Milk- and milk derivative-based preparations, energy-reduced or with no added sugar 32 mg/kg
Fruit- and vegetable-based desserts, energy-reduced or with no added sugar 32 mg/kg
Egg-based desserts, energy-reduced or with no added sugar 32 mg/kg
Cereal-based desserts, energy-reduced or with no added sugar 32 mg/kg
Fat-based desserts, energy-reduced or with no added sugar 32 mg/kg
Snacks: certain flavours of ready-to-eat, pre-packed, dry, savoury starch products and coated nuts 18 mg/kg
Confectionery 
Confectionery with no added sugar 32 mg/kg
Cocoa or dried fruit-based confectionery, energy-reduced or with no added sugar 65 mg/kg
Starch-based confectionery, energy-reduced or with no added sugar 65 mg/kg
Cornets and wafers, for ice cream, with no added sugar 60 mg/kg
Essoblaten 60 mg/kg
Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar 32 mg/kg
Breakfast cereals with a fibre content of more than 15 %, and containing at least 20 % bran, energy-reduced or with no added sugar 32 mg/kg
Breath-freshening micro-sweets, with no added sugar 200 mg/kg
Strongly flavoured throat pastilles with no added sugar 65 mg/kg
Chewing gum with no added sugar 250 mg/kg
Energy-reduced tablet form confectionery 15 mg/kg
Cider and perry 20 mg/l
Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine 20 mg/l
Spirit drinks containing less than 15 % alcohol by volume 20 mg/l
Alcohol-free beer or with an alcohol content not exceeding 1,2 % vol. 20 mg/l
Bière de table/Tafelbier/Table beer (original wort content less than 6 %) except for “Obergäriges Einfachbier” 20 mg/l
Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH 20 mg/l
Brown beers of the “oud bruin” type 20 mg/l
Energy-reduced beer 1 mg/l
Edible ices, energy-reduced or with no added sugar 26 mg/kg
Canned or bottled fruit, energy-reduced or with no added sugar 32 mg/kg
Energy-reduced jams, jellies and marmalades 32 mg/kg
Energy-reduced fruit and vegetable preparations 32 mg/kg
Sweet-sour preserves of fruit and vegetables 10 mg/kg
Feinkostsalat 12 mg/kg
Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs 10 mg/kg
Energy-reduced soups 5 mg/l
Sauces 12 mg/kg
Mustard 12 mg/kg
Fine bakery products for special nutritional uses 55 mg/kg
Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 1996/8/EC 26 mg/kg
Dietary foods for special medical purposes as defined in Directive 1999/21/EC 32 mg/kg
Food supplements as defined in Directive 2002/46/EC supplied in a liquid form 20 mg/kg
Food supplements as defined in Directive 2002/46/EC supplied in a solid form 60 mg/kg
Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form 185 mg/kg
Table top sweeteners quantum satis’
