# Official Journal C 80E/4 Ap

| | ISSN 1725-2423 |
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| Official Journal
  of the European Union | C 80E |
| | |
| English edition | Information and Notices | Volume 494 April 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 80E

English edition

Information and Notices

Volume 494 April 2006

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| Notice No | Contents | page |
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| | I   Information |
| | Council |
| 2006/C 080E/1 | Common Position (EC) No 1/2006 of 1 December 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a decision of the European Parliament and of the Council laying down guidelines for trans-European energy networks and repealing Decision 96/391/EC and Decision No 1229/2003/EC | 1 |
| 2006/C 080E/2 | Common Position (EC) No 2/2006 of 8 December 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods | 27 |
| 2006/C 080E/3 | Common Position (EC) No 3/2006 of 8 December 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council on nutrition and health claims made on foods | 43 |

Notice No

Contents

page

I   Information

Council

2006/C 080E/1

Common Position (EC) No 1/2006 of 1 December 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a decision of the European Parliament and of the Council laying down guidelines for trans-European energy networks and repealing Decision 96/391/EC and Decision No 1229/2003/EC

1

2006/C 080E/2

Common Position (EC) No 2/2006 of 8 December 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods

27

2006/C 080E/3

Common Position (EC) No 3/2006 of 8 December 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council on nutrition and health claims made on foods

43

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EN

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I Information

Council

| 4.4.2006 | EN | Official Journal of the European Union | CE 80/1 |
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4.4.2006

EN

Official Journal of the European Union

CE 80/1

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COMMON POSITION (EC) No 1/2006

adopted by the Council on 1 December 2005

with a view to adopting Decision No .../2006/EC of the European Parliament and of the Council of ... laying down guidelines for trans-European energy networks and repealing Decision 96/391/EC and Decision No 1229/2003/EC

(2006/C 80 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 156 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Subsequent to the adoption of Decision No 1229/2003/EC of the European Parliament and of the Council of 26 June 2003 laying down a series of guidelines for trans-European energy networks (3), the need has arisen to integrate fully the new Member States accession and candidate countries in those guidelines and to adapt further, as appropriate, those guidelines to the new proximity policy of the European Union. |
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(1)

Subsequent to the adoption of Decision No 1229/2003/EC of the European Parliament and of the Council of 26 June 2003 laying down a series of guidelines for trans-European energy networks (3), the need has arisen to integrate fully the new Member States accession and candidate countries in those guidelines and to adapt further, as appropriate, those guidelines to the new proximity policy of the European Union.

| (2) | The priorities for trans-European energy networks stem from the creation of a more open and competitive internal energy market as a result of the implementation of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (4) and of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (5). Those priorities follow the conclusions of the Stockholm European Council of 23 and 24 March 2001 concerning the development of the infrastructure needed for the operation of the energy market. A special effort should be undertaken to achieve the objective of making greater use of renewable energy sources as a contribution to further a sustainable development policy. However, this should be achieved without creating disproportionate disturbances to the normal market equilibrium. Full account should also be taken of the objectives of the Community's transport policy and specifically the opportunity to reduce road traffic by using pipelines. |
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(2)

The priorities for trans-European energy networks stem from the creation of a more open and competitive internal energy market as a result of the implementation of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (4) and of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (5). Those priorities follow the conclusions of the Stockholm European Council of 23 and 24 March 2001 concerning the development of the infrastructure needed for the operation of the energy market. A special effort should be undertaken to achieve the objective of making greater use of renewable energy sources as a contribution to further a sustainable development policy. However, this should be achieved without creating disproportionate disturbances to the normal market equilibrium. Full account should also be taken of the objectives of the Community's transport policy and specifically the opportunity to reduce road traffic by using pipelines.

| (3) | This Decision serves to move closer towards the target for the level of electricity interconnection between Member States which was agreed by the Barcelona European Council of 15 and 16 March 2002, and thus improve network reliability and integrity, ensure that there is security of supply and that the internal market functions properly. |
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(3)

This Decision serves to move closer towards the target for the level of electricity interconnection between Member States which was agreed by the Barcelona European Council of 15 and 16 March 2002, and thus improve network reliability and integrity, ensure that there is security of supply and that the internal market functions properly.

| (4) | As a rule, the construction and maintenance of energy infrastructure should be subject to market principles. This is also in line with the common rules for the completion of the internal market in energy and the common rules on competition law which aim at the creation of a more open and competitive internal energy market. Community financial aid for construction and maintenance should therefore remain highly exceptional. Those exceptions should be duly justified. |
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(4)

As a rule, the construction and maintenance of energy infrastructure should be subject to market principles. This is also in line with the common rules for the completion of the internal market in energy and the common rules on competition law which aim at the creation of a more open and competitive internal energy market. Community financial aid for construction and maintenance should therefore remain highly exceptional. Those exceptions should be duly justified.

| (5) | Energy infrastructure should be constructed and maintained so as to enable the internal energy market to operate efficiently, with due regard to existing procedures for consulting the people affected, without detracting from strategic and, where appropriate, universal service criteria and public service obligations. |
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(5)

Energy infrastructure should be constructed and maintained so as to enable the internal energy market to operate efficiently, with due regard to existing procedures for consulting the people affected, without detracting from strategic and, where appropriate, universal service criteria and public service obligations.

| (6) | In the light of potential synergies between natural gas networks and olefin networks, due importance should be given to the development and integration of olefin networks in order to meet the olefin gas consumption needs of the industries in the Community. |
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(6)

In the light of potential synergies between natural gas networks and olefin networks, due importance should be given to the development and integration of olefin networks in order to meet the olefin gas consumption needs of the industries in the Community.

| (7) | The priorities for trans-European energy networks also stem from the growing importance of the trans-European energy networks for securing and diversifying the Community's energy supplies, incorporating the energy networks of the new Member States, accession and candidate countries, and ensuring the coordinated operation of the energy networks in the Community and in neighbouring countries after consulting the Member States concerned. Indeed neighbouring countries to the Community play a vital role in the Community's energy policy. They supply a major part of the Community's requirements of natural gas, are key partners for the transit of primary energy to the Community and will progressively become more important players in the Community,s internal gas and electricity markets. |
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(7)

The priorities for trans-European energy networks also stem from the growing importance of the trans-European energy networks for securing and diversifying the Community's energy supplies, incorporating the energy networks of the new Member States, accession and candidate countries, and ensuring the coordinated operation of the energy networks in the Community and in neighbouring countries after consulting the Member States concerned. Indeed neighbouring countries to the Community play a vital role in the Community's energy policy. They supply a major part of the Community's requirements of natural gas, are key partners for the transit of primary energy to the Community and will progressively become more important players in the Community,s internal gas and electricity markets.

| (8) | Among the projects relating to trans-European energy networks, it is necessary to highlight the priority projects, which are very important for the operation of the internal energy market or the security of energy supply. |
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(8)

Among the projects relating to trans-European energy networks, it is necessary to highlight the priority projects, which are very important for the operation of the internal energy market or the security of energy supply.

| (9) | The procedure for identifying projects of common interest in the context of trans-European energy networks should ensure the smooth application of Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks (6). That procedure should distinguish two levels: a first level establishing a restricted number of criteria for the identification of such projects, and a second level describing the projects in detail, referred to as ’specifications’. |
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(9)

The procedure for identifying projects of common interest in the context of trans-European energy networks should ensure the smooth application of Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks (6). That procedure should distinguish two levels: a first level establishing a restricted number of criteria for the identification of such projects, and a second level describing the projects in detail, referred to as ’specifications’.

| (10) | Priority for funding pursuant to Regulation (EC) No 2236/95 should be given to projects of European interest, i.e. projects of common interest referred to in this Decision and included in the axes for priority projects set out in this Decision. |
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(10)

Priority for funding pursuant to Regulation (EC) No 2236/95 should be given to projects of European interest, i.e. projects of common interest referred to in this Decision and included in the axes for priority projects set out in this Decision.

| (11) | Member States, when submitting projects under the relevant Community financial instruments, should give appropriate priority to projects covered by Annex I that meet the criteria of this Decision. |
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(11)

Member States, when submitting projects under the relevant Community financial instruments, should give appropriate priority to projects covered by Annex I that meet the criteria of this Decision.

| (12) | Since the project specifications are liable to change, they can only be given by way of indication. The Commission should therefore be empowered to update them. Since the projects may have considerable political, environmental and economic implications, it is important to find the appropriate balance between legislative oversight and flexibility in determining projects that deserve potential Community support. |
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(12)

Since the project specifications are liable to change, they can only be given by way of indication. The Commission should therefore be empowered to update them. Since the projects may have considerable political, environmental and economic implications, it is important to find the appropriate balance between legislative oversight and flexibility in determining projects that deserve potential Community support.

| (13) | Where appropriate for certain priority projects, or sections of priority projects, or groups of priority projects in order to improve their preparation and implementation for the duration of the priority projects concerned, the Commission, in consultation with the Member States involved, should ensure and coordinate cooperation with users and operators, with a view to ensuring that the necessary monitoring is carried out in order to keep the Community informed of progress. In so doing, the Commission should consult, together with the Member States concerned, operators, users, regional and local authorities and representatives of civil society with a view to gaining fuller knowledge of demand for transmission services, of the constraints and of the service parameters required to optimise the use of the infrastructure concerned. |
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(13)

Where appropriate for certain priority projects, or sections of priority projects, or groups of priority projects in order to improve their preparation and implementation for the duration of the priority projects concerned, the Commission, in consultation with the Member States involved, should ensure and coordinate cooperation with users and operators, with a view to ensuring that the necessary monitoring is carried out in order to keep the Community informed of progress. In so doing, the Commission should consult, together with the Member States concerned, operators, users, regional and local authorities and representatives of civil society with a view to gaining fuller knowledge of demand for transmission services, of the constraints and of the service parameters required to optimise the use of the infrastructure concerned.

| (14) | Member States should be invited to coordinate implementation of certain projects, in particular cross-border projects or sections of cross-border projects. |
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(14)

Member States should be invited to coordinate implementation of certain projects, in particular cross-border projects or sections of cross-border projects.

| (15) | A more favourable context for the development and construction of trans-European energy networks should be created, mainly by providing stimulus for technical cooperation between the entities responsible for networks, by facilitating the implementation of authorisation procedures applicable for network projects in the Member States in order to reduce delays and by mobilising as appropriate the Funds, instruments and financial programmes of the Community available for network projects. The Community should support Member States' measures taken in pursuit of that objective. |
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(15)

A more favourable context for the development and construction of trans-European energy networks should be created, mainly by providing stimulus for technical cooperation between the entities responsible for networks, by facilitating the implementation of authorisation procedures applicable for network projects in the Member States in order to reduce delays and by mobilising as appropriate the Funds, instruments and financial programmes of the Community available for network projects. The Community should support Member States' measures taken in pursuit of that objective.

| (16) | Since the budget allocated to the trans-European energy networks is mainly intended to finance feasibility studies, it is the Community Structural Funds, financial programmes and instruments that could enable, if necessary, funding to be provided for such, in particular interregional, interconnection networks. |
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(16)

Since the budget allocated to the trans-European energy networks is mainly intended to finance feasibility studies, it is the Community Structural Funds, financial programmes and instruments that could enable, if necessary, funding to be provided for such, in particular interregional, interconnection networks.

| (17) | The identification of projects of common interest, their specifications and priority projects should be without prejudice to the results of the environmental impact assessment of the projects and of the plans or programmes. |
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(17)

The identification of projects of common interest, their specifications and priority projects should be without prejudice to the results of the environmental impact assessment of the projects and of the plans or programmes.

| (18) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). |
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(18)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7).

| (19) | The Commission should periodically draw up a report on the implementation of this Decision. |
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(19)

The Commission should periodically draw up a report on the implementation of this Decision.

| (20) | Since this Decision covers the same subject matter and scope as Council Decision 96/391/EC of 28 March 1996 laying down a series of measures aimed at creating a more favourable context for the development of trans-European networks in the energy sector (8) and Decision No 1229/2003/EC, those two Decisions should be repealed, |
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(20)

Since this Decision covers the same subject matter and scope as Council Decision 96/391/EC of 28 March 1996 laying down a series of measures aimed at creating a more favourable context for the development of trans-European networks in the energy sector (8) and Decision No 1229/2003/EC, those two Decisions should be repealed,

HAVE ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision defines the nature and scope of Community action to establish guidelines for trans-European energy networks. It establishes a series of guidelines covering the objectives, priorities and broad lines of action by the Community in respect of trans-European energy networks. These guidelines identify projects of common interest, including those which have priority, among trans-European electricity and gas networks.

Article 2

Scope

This Decision shall apply:

| 1. | in electricity networks, to:






  (a) | all high-voltage lines, excluding those of distribution networks, and to submarine links, provided that this infrastructure is used for inter-regional or international transmission or connection; |
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1.

in electricity networks, to:

(a)

all high-voltage lines, excluding those of distribution networks, and to submarine links, provided that this infrastructure is used for inter-regional or international transmission or connection;

| (b) | any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems; |
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(b)

any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems;

| 2. | in gas networks (transporting natural gas or olefin gases), to:






  (a) | high-pressure gas pipelines, excluding those of distribution networks, making it possible to supply regions of the Community from internal or external sources; |
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2.

in gas networks (transporting natural gas or olefin gases), to:

(a)

high-pressure gas pipelines, excluding those of distribution networks, making it possible to supply regions of the Community from internal or external sources;

| (b) | underground storage facilities connected to the aforementioned high-pressure gas pipelines; |
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(b)

underground storage facilities connected to the aforementioned high-pressure gas pipelines;

| (c) | reception, storage and regaseification facilities for liquefied natural gas (LNG) and also LNG carriers according to the capacities to be supplied; |
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(c)

reception, storage and regaseification facilities for liquefied natural gas (LNG) and also LNG carriers according to the capacities to be supplied;

| (d) | any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems. |
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(d)

any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems.

Article 3

Objectives

The Community shall promote the interconnection, interoperability and development of trans-European energy networks and access to such networks in accordance with Community law in force, with the aim of:

| (a) | encouraging the effective operation and development of the internal market in general and of the internal energy market in particular, while encouraging the rational production, transportation, distribution and use of energy resources and the development and connection of renewable energy resources, so as to reduce the cost of energy to the consumer and contribute to the diversification of energy sources; |
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(a)

encouraging the effective operation and development of the internal market in general and of the internal energy market in particular, while encouraging the rational production, transportation, distribution and use of energy resources and the development and connection of renewable energy resources, so as to reduce the cost of energy to the consumer and contribute to the diversification of energy sources;

| (b) | facilitating the development and reducing the isolation of the less-favoured and island regions of the Community, thereby helping to strengthen economic and social cohesion; |
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(b)

facilitating the development and reducing the isolation of the less-favoured and island regions of the Community, thereby helping to strengthen economic and social cohesion;

| (c) | reinforcing the security of energy supplies, for example by strengthening relations with third countries in the energy sector in the mutual interest of all parties concerned, in particular in the framework of the Energy Charter Treaty and cooperation agreements concluded by the Community; |
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(c)

reinforcing the security of energy supplies, for example by strengthening relations with third countries in the energy sector in the mutual interest of all parties concerned, in particular in the framework of the Energy Charter Treaty and cooperation agreements concluded by the Community;

| (d) | contributing to sustainable development and protection of the environment, inter alia, by involving renewable energies and by reducing the environmental risks associated with the transportation and transmission of energy. |
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(d)

contributing to sustainable development and protection of the environment, inter alia, by involving renewable energies and by reducing the environmental risks associated with the transportation and transmission of energy.

Article 4

Priorities for action

The priorities for action by the Community on trans-European energy networks shall be compatible with sustainable development and shall be as follows:

| 1. | for both electricity and gas networks:






  (a) | adapting and developing the energy networks in support of the operation of the internal energy market and, in particular, solving the problems of bottlenecks, especially transfrontier bottlenecks, congestion and missing links, and taking account of the needs arising from the functioning of the internal market for electricity and natural gas and the enlargement of the European Union; |
| --- | --- | --- |

1.

for both electricity and gas networks:

(a)

adapting and developing the energy networks in support of the operation of the internal energy market and, in particular, solving the problems of bottlenecks, especially transfrontier bottlenecks, congestion and missing links, and taking account of the needs arising from the functioning of the internal market for electricity and natural gas and the enlargement of the European Union;

| (b) | establishing energy networks in island, isolated, peripheral and ultraperipheral regions while promoting the diversification of energy sources and the use of renewable energy sources, together with the connection of those networks, where necessary; |
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(b)

establishing energy networks in island, isolated, peripheral and ultraperipheral regions while promoting the diversification of energy sources and the use of renewable energy sources, together with the connection of those networks, where necessary;

| 2. | for electricity networks:






  (a) | adapting and developing networks to facilitate the integration and connection of renewable energy production; |
| --- | --- | --- |

2.

for electricity networks:

(a)

adapting and developing networks to facilitate the integration and connection of renewable energy production;

| (b) | ensuring interoperability of electricity networks within the Community, and with those in the accession, candidate countries and other countries in Europe and the Mediterranean and Black Sea basins; |
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(b)

ensuring interoperability of electricity networks within the Community, and with those in the accession, candidate countries and other countries in Europe and the Mediterranean and Black Sea basins;

| 3. | for gas networks:






  (a) | developing of natural gas networks in order to meet the Community's natural gas consumption needs and to control its natural gas supply systems; |
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3.

for gas networks:

(a)

developing of natural gas networks in order to meet the Community's natural gas consumption needs and to control its natural gas supply systems;

| (b) | ensuring interoperability of natural gas networks within the Community and with those in accession candidate countries and other countries in Europe, in the Mediterranean Sea, Black Sea and Caspian Sea basins, as well as in the Middle East and the Gulf regions, and diversification of natural gas sources and supply routes. |
| --- | --- |

(b)

ensuring interoperability of natural gas networks within the Community and with those in accession candidate countries and other countries in Europe, in the Mediterranean Sea, Black Sea and Caspian Sea basins, as well as in the Middle East and the Gulf regions, and diversification of natural gas sources and supply routes.

Article 5

Lines of action

The broad lines of action by the Community on trans-European energy networks shall be:

| (a) | the identification of projects of common interest referred to in Article 6; |
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(a)

the identification of projects of common interest referred to in Article 6;

| (b) | the creation of a more favourable context for development of those networks. |
| --- | --- |

(b)

the creation of a more favourable context for development of those networks.

Article 6

Projects of common interest

1.   The generic criteria to be applied when a decision is taken on identification, modifications, specifications to or applications for updating projects of common interest shall be the following:

| (a) | the projects fall within the scope of Article 2; |
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(a)

the projects fall within the scope of Article 2;

| (b) | the projects meet the objectives and priorities for action set out in Articles 3 and 4 respectively; |
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(b)

the projects meet the objectives and priorities for action set out in Articles 3 and 4 respectively;

| (c) | the projects display potential economic viability. |
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(c)

the projects display potential economic viability.

The evaluation of the economic viability shall be based upon a cost-benefit analysis which takes account of all costs and benefits, including those in the medium and/or long term, in connection with environmental aspects, security of supply and the contribution to economic and social cohesion. Projects of common interest which relate to the territory of a Member State shall require the approval of the Member State concerned.

2.   Additional criteria for identifying projects of common interest are set out in Annex II. Any changes to the additional criteria for identifying projects of common interest set out in Annex II shall be decided upon in accordance with the procedure laid down in Article 251 of the Treaty.

3.   Only those projects listed in Annex III which fulfil the criteria laid down in paragraph 1 and those set out in Annex II shall be eligible for Community financial aid provided for pursuant to Regulation (EC) No 2236/95.

4.   The indicative project specifications, comprising the detailed description of the projects and, where appropriate, their geographical description, are set out in Annex III. These specifications shall be updated in accordance with the procedure referred to in Article 11(2). Updates shall be of a technical nature and shall be limited to technical changes of projects, or to modification of a part of the specified routing, or to limited adaptation of the location of the project.

5.   Member States shall take any measures they consider necessary to facilitate and speed up the completion of projects of common interest and to minimise delays while complying with Community law and international conventions on the environment. In particular, the necessary authorisation procedures shall be completed rapidly.

6.   Where parts of projects of common interest are situated within the territory of third countries, the Commission may, by agreement with the Member States concerned, put forward proposals, where appropriate within the framework of the management of the agreements between the Community and those third countries and in accordance with the Energy Charter Treaty and other multilateral agreements in respect of third countries which are parties to that Treaty, for the projects also to be recognised as being of reciprocal interest by the third countries concerned, in order to facilitate their implementation.

Article 7

Priority projects

1.   The projects of common interest referred to in Article 6(3) and covered by the axes for priority projects set out in Annex I shall have priority for the grant of Community financial aid provided for pursuant to Regulation (EC) No 2236/95. Amendments to Annex I shall be decided upon in accordance with the procedure laid down in Article 251 of the Treaty.

| 2. | (a) | As regards cross-border investment projects, Member States shall take the steps required to ensure that, under national authorisation procedures, the fact that such projects increase the capacity for interconnection of two or more Member States and consequently strengthen Europe-wide security of supply, is treated as a criterion for the assessment by the competent national authorities. |
| --- | --- | --- |
| (b) | The Member States concerned and the Commission shall endeavour, each within its own sphere of competence, together with the responsible companies, to further the carrying out of the priority projects, especially cross-border projects. |

2.

(a)

As regards cross-border investment projects, Member States shall take the steps required to ensure that, under national authorisation procedures, the fact that such projects increase the capacity for interconnection of two or more Member States and consequently strengthen Europe-wide security of supply, is treated as a criterion for the assessment by the competent national authorities.

(b)

The Member States concerned and the Commission shall endeavour, each within its own sphere of competence, together with the responsible companies, to further the carrying out of the priority projects, especially cross-border projects.

3.   Priority projects shall be compatible with sustainable development and meet the following criteria:

| (a) | they shall have a significant impact on the competitive operation of the internal market; and/or |
| --- | --- |

(a)

they shall have a significant impact on the competitive operation of the internal market; and/or

| (b) | they shall strengthen security of supply in the Community; and/or |
| --- | --- |

(b)

they shall strengthen security of supply in the Community; and/or

| (c) | they shall result in an increase in the use of renewable energies. |
| --- | --- |

(c)

they shall result in an increase in the use of renewable energies.

Article 8

More-favourable context

1.   In order to contribute to creating a more favourable context for the development of trans-European energy networks and their interoperability, the Community shall take account of Member States' efforts made in line with that objective, shall attach the greatest importance to and shall promote as necessary the following measures:

| (a) | technical cooperation between the entities responsible for the trans-European energy networks, in particular for the proper functioning of the connections mentioned in Annex II, points 1, 2 and 7; |
| --- | --- |

(a)

technical cooperation between the entities responsible for the trans-European energy networks, in particular for the proper functioning of the connections mentioned in Annex II, points 1, 2 and 7;

| (b) | facilitating implementation of the authorisation procedures for projects on trans-European energy networks in order to reduce delays; |
| --- | --- |

(b)

facilitating implementation of the authorisation procedures for projects on trans-European energy networks in order to reduce delays;

| (c) | the provision of assistance to the projects of common interest from Community Funds, instruments and financial programmes applicable to those networks. |
| --- | --- |

(c)

the provision of assistance to the projects of common interest from Community Funds, instruments and financial programmes applicable to those networks.

2.   The Commission shall, in close collaboration with the Member States concerned, take all initiatives for promoting the coordination of the activities referred to in paragraph 1.

3.   The measures necessary for the implementation of the activities referred to in points (a) and (b) of paragraph 1 shall be decided upon by the Commission in accordance with the procedure referred to in Article 11(2).

Article 9

Effects on competition

When projects are considered, their effects on competition and on security of supply shall be taken into account. Private financing or financing by the economic operators concerned shall be the main source for financing and shall be encouraged. Any competitive distortion between market operators shall be avoided, in accordance with the provisions of the Treaty.

Article 10

Restrictions

1.   This Decision shall not prejudice financial commitments entered into by a Member State or by the Community.

2.   This Decision shall be without prejudice to the results of the environmental impact assessment of projects and of the plans or programmes which define the future authorisation framework for such projects. The results of the environmental impact assessments, where such an assessment is requested in accordance with relevant Community legislation, shall be taken into consideration before a decision on the carrying out of the projects is actually taken in accordance with the relevant Community legislation.

Article 11

Committee procedure

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its rules of procedure.

Article 12

Report

Every two years the Commission shall draw up a report on the implementation of this Decision, which it shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

In this report, attention shall be given to the implementation and progress made in the carrying out of priority projects which concern cross-border connections as mentioned in Annex II, points 2, 4 and 7, as well as the detailed arrangements of their financing, especially as regards the contribution of Community funding.

Article 13

Repeal

Decision 96/391/EC and Decision No 1229/2003/EC are hereby repealed.

Article 14

Entry into force

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 15

Addressees

This Decision is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

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(1)  OJ C 241, 28.9.2004, p. 17.

1

(2)  Opinion of the European Parliament of 7 June 2005 (not yet published in the Official Journal).

2

(3)  OJ L 176, 15.7.2003, p. 11.

3

(4)  OJ L 176, 15.7.2003, p. 37. Directive as amended by Council Directive 2004/85/EC (OJ L 236, 7.7.2004, p. 10).

4

(5)  OJ L 176, 15.7.2003, p. 57.

5

(6)  OJ L 228, 23.9.1995, p. 1. Regulation as last amended by Regulation of the European Parliament and of the Council (EC) No 807/2004 (OJ L 143, 30.4.2004, p. 46).

6

(7)  OJ L 184, 17.7.1999, p. 23.

7

(8)  OJ L 161, 29.6.1996, p. 154.

8

---

ANNEX I

TRANS-EUROPEAN ENERGY NETWORKS

Axes for Priority projects as defined in Article 7

Priority projects included on each axis are listed

ELECTRICITY NETWORKS

| EL.1. | France — Belgium — Netherlands — Germany: electricity network reinforcements in order to resolve congestion in electricity flow through the Benelux States.

  Priority projects include: | Avelin (FR)-Avelgem (BE) line |
| --- | --- | --- |

EL.1.

France — Belgium — Netherlands — Germany: electricity network reinforcements in order to resolve congestion in electricity flow through the Benelux States.

Priority projects include:

Avelin (FR)-Avelgem (BE) line

| | Moulaine (FR)-–ubange (BE) line |
| --- | --- |

Moulaine (FR)-–ubange (BE) line

EL.2.

Borders of Italy with France, Austria, Slovenia and Switzerland: increasing electricity interconnection capacities.

Priority projects include:

| | Lienz (AT)-Cordignano (IT) line |
| --- | --- |

Lienz (AT)-Cordignano (IT) line

| | New interconnection between Italy and Slovenia |
| --- | --- |

New interconnection between Italy and Slovenia

| | Udine Ovest (IT)-Okroglo (SI) line |
| --- | --- |

Udine Ovest (IT)-Okroglo (SI) line

| | S. Fiorano (IT)-–Nave (IT)-Gorlago (IT) line |
| --- | --- |

S. Fiorano (IT)-–Nave (IT)-Gorlago (IT) line

| | Venezia Nord (IT)-Cordignano (IT) line |
| --- | --- |

Venezia Nord (IT)-Cordignano (IT) line

| | St Peter (AT)-Tauern (AT) line |
| --- | --- |

St Peter (AT)-Tauern (AT) line

| | Südburgenland (AT)-Kainachtal (AT) line |
| --- | --- |

Südburgenland (AT)-Kainachtal (AT) line

| | Austria-Italy (Thaur-Brixen) interconnection through the Brenner rail tunnel |
| --- | --- |

Austria-Italy (Thaur-Brixen) interconnection through the Brenner rail tunnel

EL.3.

France — Spain — Portugal: increasing electricity interconnection capacities between these countries and for the Iberian Peninsula and grid development in island regions.

Priority projects include:

| | Sentmenat (ES)-Becanό (ES)-Baixas (FR) line |
| --- | --- |

Sentmenat (ES)-Becanό (ES)-Baixas (FR) line

| | Valdigem (PT)-Douro Internacional (PT)-Aldeadávila (ES) line and ’Douro Internacional’ facilities |
| --- | --- |

Valdigem (PT)-Douro Internacional (PT)-Aldeadávila (ES) line and ’Douro Internacional’ facilities

EL.4.

Greece — Balkan countries — UCTE System: development of electricity infrastructure to connect Greece to the UCTE System and to enable the development of the South-Eastern Europe electricity market.

Priority projects include:

| | Philippi (EL)-Hamidabad (TR) line |
| --- | --- |

Philippi (EL)-Hamidabad (TR) line

EL.5.

United Kingdom — Continental Europe and Northern Europe: establishing/increasing electricity interconnection capacities and possible integration of offshore wind energy

Priority projects include:

| | Undersea cable to link England (UK) and the Netherlands |
| --- | --- |

Undersea cable to link England (UK) and the Netherlands

EL.6.

Ireland — United Kingdom: increasing electricity interconnection capacities and possible integration of offshore wind energy.

Priority projects include:

| | undersea cable to link Ireland and Wales (UK) |
| --- | --- |

undersea cable to link Ireland and Wales (UK)

EL.7.

Denmark — Germany — Baltic Ring (including Norway — Sweden — Finland — Denmark — Germany — Poland — Baltic States — Russia): increasing electricity interconnection capacities and possible integration of offshore wind energy.

Priority projects include:

| | Kassø (DK)-Hamburg/Dollern (DE) line |
| --- | --- |

Kassø (DK)-Hamburg/Dollern (DE) line

| | Hamburg/Krümmel (DE)-Schwerin (DE) line |
| --- | --- |

Hamburg/Krümmel (DE)-Schwerin (DE) line

| | Kassø (DK)-Revsing (DK)-Tjele (DK) line |
| --- | --- |

Kassø (DK)-Revsing (DK)-Tjele (DK) line

| | Vester Hassing (DK)-Trige (DK) line |
| --- | --- |

Vester Hassing (DK)-Trige (DK) line

| | Submarine cable Skagerrak 4: between Denmark and Norway |
| --- | --- |

Submarine cable Skagerrak 4: between Denmark and Norway

| | Poland-Lithuania link, including necessary reinforcements of the Polish electricity network and the PL-DE profile in order to enable participation in the internal energy market |
| --- | --- |

Poland-Lithuania link, including necessary reinforcements of the Polish electricity network and the PL-DE profile in order to enable participation in the internal energy market

| | Submarine cable Finland-Estonia (Estlink) |
| --- | --- |

Submarine cable Finland-Estonia (Estlink)

| | Submarine cable Fennoscan' between Finland and Sweden |
| --- | --- |

Submarine cable Fennoscan' between Finland and Sweden

| | Halle/Saale (DE)-Schweinfurt (DE) |
| --- | --- |

Halle/Saale (DE)-Schweinfurt (DE)

EL.8.

Germany — Poland — Czech Republic — Slovakia — Austria — Hungary — Slovenia: increasing electricity interconnection capacities.

Priority projects include:

| | Neuenhagen (DE)-Vierraden (DE)-Krajnik (PL) line |
| --- | --- |

Neuenhagen (DE)-Vierraden (DE)-Krajnik (PL) line

| | Dürnrohr (AT)-Slavetice (CZ) line |
| --- | --- |

Dürnrohr (AT)-Slavetice (CZ) line

| | New interconnection between Germany and Poland |
| --- | --- |

New interconnection between Germany and Poland

| | Veľké Kapušany (SK) — Lemešany (SK) — Moldava (SK) — Sajóivánka (HU) |
| --- | --- |

Veľké Kapušany (SK) — Lemešany (SK) — Moldava (SK) — Sajóivánka (HU)

| | Gabčíkovo (SK)-Vel'ký Ďur (SK) |
| --- | --- |

Gabčíkovo (SK)-Vel'ký Ďur (SK)

| | Stupava (SK) — south-east Vienna (AT) |
| --- | --- |

Stupava (SK) — south-east Vienna (AT)

EL.9.

Mediterranean Member States — Mediterranean Electricity Ring: increasing electricity interconnection capacities between Mediterranean Member States and Morocco — Algeria — Tunisia — Libya — Egypt — Near East countries — Turkey

Priority projects include:

| | electricity connection to link Tunisia and Italy |
| --- | --- |

electricity connection to link Tunisia and Italy

GAS NETWORKS

| NG.1. | United Kingdom — Northern Continental Europe, including the Netherlands, Belgium, Denmark, Sweden and Germany — Poland — Lithuania — Latvia — Estonia — Finland — Russia:
  gas pipelines to connect some of the main sources of gas supply in Europe, improve network interoperability, and increase security of supply, including natural gas pipelines via the offshore route from Russia to the EU and the onshore route from Russia to Poland and Germany, new pipeline building and network capacity increases in and between Germany, Denmark, and Sweden, and in and between Poland, the Czech Republic, Slovakia, Germany, and Austria.

  Priority projects include: | North European gas pipeline |
| --- | --- | --- |

NG.1.

United Kingdom — Northern Continental Europe, including the Netherlands, Belgium, Denmark, Sweden and Germany — Poland — Lithuania — Latvia — Estonia — Finland — Russia:

gas pipelines to connect some of the main sources of gas supply in Europe, improve network interoperability, and increase security of supply, including natural gas pipelines via the offshore route from Russia to the EU and the onshore route from Russia to Poland and Germany, new pipeline building and network capacity increases in and between Germany, Denmark, and Sweden, and in and between Poland, the Czech Republic, Slovakia, Germany, and Austria.

Priority projects include:

North European gas pipeline

| | Yamal-Europe gas pipeline |
| --- | --- |

Yamal-Europe gas pipeline

| | Natural gas pipeline linking Denmark, Germany and Sweden |
| --- | --- |

Natural gas pipeline linking Denmark, Germany and Sweden

| | Increase in transmission capacity on the Germany-Belgium-United Kingdom axis |
| --- | --- |

Increase in transmission capacity on the Germany-Belgium-United Kingdom axis

NG.2.

Algeria — Spain — Italy — France — northern continental Europe: construction of new natural gas pipelines from Algeria to Spain, France and Italy, and increasing network capacities in and between Spain, France and Italy.

Priority projects include:

| | Algeria-Tunisia-Italy gas pipeline |
| --- | --- |

Algeria-Tunisia-Italy gas pipeline

| | Algeria-Italy gas pipeline, via Sardinia and Corsica, with a branch to France |
| --- | --- |

Algeria-Italy gas pipeline, via Sardinia and Corsica, with a branch to France

| | Medgas gas pipeline (Algeria — Spain — France — continental Europe) |
| --- | --- |

Medgas gas pipeline (Algeria — Spain — France — continental Europe)

NG.3.

Caspian Sea countries — Middle East — European Union: new natural gas pipeline networks to the European Union from new sources, including the Turkey-Greece, Greece-Italy, Turkey-Austria, and Greece-Slovenia-Austria (via the western Balkans) natural gas pipelines.

Priority projects include:

| | Turkey-Greece-Italy gas pipeline |
| --- | --- |

Turkey-Greece-Italy gas pipeline

| | Turkey-Austria gas pipeline |
| --- | --- |

Turkey-Austria gas pipeline

NG.4.

Liquefied natural gas (LNG) terminals in Belgium, France, Spain, Portugal, Italy, Greece, Cyprus and Poland: diversifying sources of supply and entry points, including the LNG terminals' connections with the transmission grid.

NG.5.

Underground natural gas storage in Spain, Portugal, France, Italy, Greece and the Baltic Sea Region: increasing capacity in Spain, France, Italy and the Baltic Sea Region and construction of the first facilities in Portugal, Greece, and Lithuania.

NG.6.

Mediterranean Member States — East Mediterranean Gas Ring: establishing and increasing natural gas pipeline capacities between the Mediterranean Member States and Libya — Egypt — Jordan — Syria — Turkey.

Priority projects include:

| | Libya-Italy gas pipeline |
| --- | --- |

Libya-Italy gas pipeline

---

ANNEX II

TRANS-EUROPEAN ENERGY NETWORKS

Additional criteria for identifying projects of common interest referred to in Article 6(2)

ELECTRICITY NETWORKS

| 1. | Developing electricity networks in island, isolated, peripheral and ultraperipheral regions while promoting the diversification of energy sources and enhancing the use of renewable energy, and connection of the electricity networks of those regions, if appropriate.






  — | Ireland — United Kingdom (Wales) |
| --- | --- | --- |

1.

Developing electricity networks in island, isolated, peripheral and ultraperipheral regions while promoting the diversification of energy sources and enhancing the use of renewable energy, and connection of the electricity networks of those regions, if appropriate.

—

Ireland — United Kingdom (Wales)

| — | Greece (islands) |
| --- | --- |

—

Greece (islands)

| — | Italy (Sardinia) — France (Corsica) — Italy (mainland) |
| --- | --- |

—

Italy (Sardinia) — France (Corsica) — Italy (mainland)

| — | Connections in island regions, including connections to the mainland |
| --- | --- |

—

Connections in island regions, including connections to the mainland

| — | Connections in ultraperipheral regions in France, Spain, Portugal |
| --- | --- |

—

Connections in ultraperipheral regions in France, Spain, Portugal

| 2. | Developing electricity connections between the Member States needed for the functioning of the internal market and in order to ensure the reliability and dependability of the operation of electricity networks.






  — | France — Belgium — Netherlands — Germany |
| --- | --- | --- |

2.

Developing electricity connections between the Member States needed for the functioning of the internal market and in order to ensure the reliability and dependability of the operation of electricity networks.

—

France — Belgium — Netherlands — Germany

| — | France — Germany |
| --- | --- |

—

France — Germany

| — | France — Italy |
| --- | --- |

—

France — Italy

| — | France — Spain |
| --- | --- |

—

France — Spain

| — | Portugal — Spain |
| --- | --- |

—

Portugal — Spain

| — | Finland — Sweden |
| --- | --- |

—

Finland — Sweden

| — | Finland — Estonia — Latvia — Lithuania |
| --- | --- |

—

Finland — Estonia — Latvia — Lithuania

| — | Austria — Italy |
| --- | --- |

—

Austria — Italy

| — | Italy — Slovenia |
| --- | --- |

—

Italy — Slovenia

| — | Austria — Italy — Slovenia — Hungary |
| --- | --- |

—

Austria — Italy — Slovenia — Hungary

| — | Germany — Poland |
| --- | --- |

—

Germany — Poland

| — | Germany — Poland — Czech Republic — Austria — Slovakia — Hungary |
| --- | --- |

—

Germany — Poland — Czech Republic — Austria — Slovakia — Hungary

| — | Hungary — Slovakia |
| --- | --- |

—

Hungary — Slovakia

| — | Hungary — Austria |
| --- | --- |

—

Hungary — Austria

| — | Poland — Lithuania |
| --- | --- |

—

Poland — Lithuania

| — | Ireland — United Kingdom (Northern Ireland) |
| --- | --- |

—

Ireland — United Kingdom (Northern Ireland)

| — | Austria — Germany — Slovenia — Hungary |
| --- | --- |

—

Austria — Germany — Slovenia — Hungary

| — | Netherlands — United Kingdom |
| --- | --- |

—

Netherlands — United Kingdom

| — | Germany — Denmark — Sweden |
| --- | --- |

—

Germany — Denmark — Sweden

| — | Greece — Italy |
| --- | --- |

—

Greece — Italy

| — | Hungary — Slovenia |
| --- | --- |

—

Hungary — Slovenia

| — | Malta — Italy |
| --- | --- |

—

Malta — Italy

| — | Finland — Estonia |
| --- | --- |

—

Finland — Estonia

| — | Italy — Slovenia |
| --- | --- |

—

Italy — Slovenia

| 3. | Developing electrical connections within the Member States where this is needed in order to take advantage of the connections between the Member States, the functioning of the internal market or the connection of renewable energy sources.






  — | All Member States |
| --- | --- | --- |

3.

Developing electrical connections within the Member States where this is needed in order to take advantage of the connections between the Member States, the functioning of the internal market or the connection of renewable energy sources.

—

All Member States

| 4. | Developing electricity connections with the non-Member States, and more particularly with the candidate countries, thus contributing towards interoperability, the operational reliability and dependability of the electricity grids or the supply of electricity within the European Community.






  — | Germany — Norway |
| --- | --- | --- |

4.

Developing electricity connections with the non-Member States, and more particularly with the candidate countries, thus contributing towards interoperability, the operational reliability and dependability of the electricity grids or the supply of electricity within the European Community.

—

Germany — Norway

| — | Netherlands — Norway |
| --- | --- |

—

Netherlands — Norway

| — | Sweden — Norway |
| --- | --- |

—

Sweden — Norway

| — | United Kingdom — Norway |
| --- | --- |

—

United Kingdom — Norway

| — | Baltic Electricity Ring: Germany — Poland — Belarus — Russia — Lithuania — Latvia — Estonia — Finland — Sweden — Norway — Denmark |
| --- | --- |

—

Baltic Electricity Ring: Germany — Poland — Belarus — Russia — Lithuania — Latvia — Estonia — Finland — Sweden — Norway — Denmark

| — | Norway — Sweden — Finland — Russia |
| --- | --- |

—

Norway — Sweden — Finland — Russia

| — | Mediterranean Electricity Ring: France — Spain — Morocco — Algeria — Tunisia — Libya — Egypt — Near Eastern countries — Turkey — Greece — Italy |
| --- | --- |

—

Mediterranean Electricity Ring: France — Spain — Morocco — Algeria — Tunisia — Libya — Egypt — Near Eastern countries — Turkey — Greece — Italy

| — | Greece — Turkey |
| --- | --- |

—

Greece — Turkey

| — | Italy — Switzerland |
| --- | --- |

—

Italy — Switzerland

| — | Austria — Switzerland |
| --- | --- |

—

Austria — Switzerland

| — | Hungary — Romania |
| --- | --- |

—

Hungary — Romania

| — | Hungary — Serbia |
| --- | --- |

—

Hungary — Serbia

| — | Hungary — Croatia |
| --- | --- |

—

Hungary — Croatia

| — | Italy — Tunisia |
| --- | --- |

—

Italy — Tunisia

| — | Greece — Balkan countries |
| --- | --- |

—

Greece — Balkan countries

| — | Spain — Morocco |
| --- | --- |

—

Spain — Morocco

| — | Spain — Andorra — France |
| --- | --- |

—

Spain — Andorra — France

| — | EU — Balkan countries — Belarus — Russia — Ukraine |
| --- | --- |

—

EU — Balkan countries — Belarus — Russia — Ukraine

| — | Black Sea Electricity Ring: Russia — Ukraine — Romania — Bulgaria — Turkey — Georgia |
| --- | --- |

—

Black Sea Electricity Ring: Russia — Ukraine — Romania — Bulgaria — Turkey — Georgia

| — | Bulgaria — Former Yugoslav Republic Of Macedonia/Greece — Albania — Italy or Bulgaria — Greece — Italy |
| --- | --- |

—

Bulgaria — Former Yugoslav Republic Of Macedonia/Greece — Albania — Italy or Bulgaria — Greece — Italy

| 5. | Actions improving the functioning of the interconnected electricity networks within the internal market and, in particular, identifying the bottlenecks and missing links, developing solutions in order to deal with congestion and adapting the methods of forecasting and of operating electricity networks.






  — | Identifying the bottlenecks and missing links, especially cross-border, within electricity networks |
| --- | --- | --- |

5.

Actions improving the functioning of the interconnected electricity networks within the internal market and, in particular, identifying the bottlenecks and missing links, developing solutions in order to deal with congestion and adapting the methods of forecasting and of operating electricity networks.

—

Identifying the bottlenecks and missing links, especially cross-border, within electricity networks

| — | Developing solutions for electricity flow management in order to deal with the problems of congestion within electricity networks |
| --- | --- |

—

Developing solutions for electricity flow management in order to deal with the problems of congestion within electricity networks

| — | Adapting the methods of forecasting and of operating electricity networks required by the functioning of the internal market and the use of a high percentage of renewable energy sources |
| --- | --- |

—

Adapting the methods of forecasting and of operating electricity networks required by the functioning of the internal market and the use of a high percentage of renewable energy sources

GAS NETWORKS

| 6. | Introducing natural gas into new regions, mainly island, isolated, peripheral and ultraperipheral regions and developing natural gas networks in these regions.






  — | United Kingdom (Northern Ireland) |
| --- | --- | --- |

6.

Introducing natural gas into new regions, mainly island, isolated, peripheral and ultraperipheral regions and developing natural gas networks in these regions.

—

United Kingdom (Northern Ireland)

| — | Ireland |
| --- | --- |

—

Ireland

| — | Spain |
| --- | --- |

—

Spain

| — | Portugal |
| --- | --- |

—

Portugal

| — | Greece |
| --- | --- |

—

Greece

| — | Sweden |
| --- | --- |

—

Sweden

| — | Denmark |
| --- | --- |

—

Denmark

| — | Italy (Sardinia) |
| --- | --- |

—

Italy (Sardinia)

| — | France (Corsica) |
| --- | --- |

—

France (Corsica)

| — | Cyprus |
| --- | --- |

—

Cyprus

| — | Malta |
| --- | --- |

—

Malta

| — | Ultraperipheral regions in France, Spain, Portugal |
| --- | --- |

—

Ultraperipheral regions in France, Spain, Portugal

| 7. | Developing natural gas connections in order to meet the needs of the internal market or strengthening of the security of supply, including connection of separate natural gas and olefin gas networks.






  — | Ireland — United Kingdom |
| --- | --- | --- |

7.

Developing natural gas connections in order to meet the needs of the internal market or strengthening of the security of supply, including connection of separate natural gas and olefin gas networks.

—

Ireland — United Kingdom

| — | France — Spain |
| --- | --- |

—

France — Spain

| — | France — Switzerland |
| --- | --- |

—

France — Switzerland

| — | Portugal — Spain |
| --- | --- |

—

Portugal — Spain

| — | Austria — Germany |
| --- | --- |

—

Austria — Germany

| — | Austria — Hungary |
| --- | --- |

—

Austria — Hungary

| — | Austria — Hungary — Slovakia — Poland |
| --- | --- |

—

Austria — Hungary — Slovakia — Poland

| — | Poland — Czech Republic |
| --- | --- |

—

Poland — Czech Republic

| — | Slovakia — Czech Republic — Germany — Austria |
| --- | --- |

—

Slovakia — Czech Republic — Germany — Austria

| — | Austria — Italy |
| --- | --- |

—

Austria — Italy

| — | Greece –Balkan countries |
| --- | --- |

—

Greece –Balkan countries

| — | Austria — Hungary — Romania — Bulgaria — Greece — Turkey |
| --- | --- |

—

Austria — Hungary — Romania — Bulgaria — Greece — Turkey

| — | France — Italy |
| --- | --- |

—

France — Italy

| — | Greece — Italy |
| --- | --- |

—

Greece — Italy

| — | Austria — Czech Republic |
| --- | --- |

—

Austria — Czech Republic

| — | Germany — Czech Republic — Austria — Italy |
| --- | --- |

—

Germany — Czech Republic — Austria — Italy

| — | Austria — Slovenia — Croatia |
| --- | --- |

—

Austria — Slovenia — Croatia

| — | Hungary — Croatia |
| --- | --- |

—

Hungary — Croatia

| — | Hungary — Romania |
| --- | --- |

—

Hungary — Romania

| — | Hungary — Slovakia |
| --- | --- |

—

Hungary — Slovakia

| — | Hungary — Ukraine |
| --- | --- |

—

Hungary — Ukraine

| — | Slovenia — Balkan countries |
| --- | --- |

—

Slovenia — Balkan countries

| — | Belgium — Netherlands — Germany |
| --- | --- |

—

Belgium — Netherlands — Germany

| — | United Kingdom — The Netherlands — Germany |
| --- | --- |

—

United Kingdom — The Netherlands — Germany

| — | Germany — Poland |
| --- | --- |

—

Germany — Poland

| — | Denmark — United Kingdom |
| --- | --- |

—

Denmark — United Kingdom

| — | Denmark — Germany — Sweden |
| --- | --- |

—

Denmark — Germany — Sweden

| — | Denmark — Netherlands |
| --- | --- |

—

Denmark — Netherlands

| 8. | Developing capacities for receiving LNG and for storage of natural gas, needed in order to meet demand, control gas supply systems, and diversify sources and supply routes.






  — | All Member States |
| --- | --- | --- |

8.

Developing capacities for receiving LNG and for storage of natural gas, needed in order to meet demand, control gas supply systems, and diversify sources and supply routes.

—

All Member States

| 9. | Developing natural gas transport capacity (gas supply pipelines) needed in order to meet demand and diversify supplies from internal and external sources, as well as supply routes.






  — | Nordic Gas Grid: Norway — Denmark — Germany — Sweden — Finland — Russia — Baltic States — Poland |
| --- | --- | --- |

9.

Developing natural gas transport capacity (gas supply pipelines) needed in order to meet demand and diversify supplies from internal and external sources, as well as supply routes.

—

Nordic Gas Grid: Norway — Denmark — Germany — Sweden — Finland — Russia — Baltic States — Poland

| — | Algeria — Spain — France |
| --- | --- |

—

Algeria — Spain — France

| — | Russia — Ukraine — EU |
| --- | --- |

—

Russia — Ukraine — EU

| — | Russia — Belarus — Ukraine — EU |
| --- | --- |

—

Russia — Belarus — Ukraine — EU

| — | Russia — Belarus — EU |
| --- | --- |

—

Russia — Belarus — EU

| — | Russia — Baltic Sea — Germany |
| --- | --- |

—

Russia — Baltic Sea — Germany

| — | Russia — Baltic States — Poland — Germany |
| --- | --- |

—

Russia — Baltic States — Poland — Germany

| — | Germany — Czech Republic — Poland — Germany — other Member States |
| --- | --- |

—

Germany — Czech Republic — Poland — Germany — other Member States

| — | Libya — Italy |
| --- | --- |

—

Libya — Italy

| — | Tunisia — Libya — Italy |
| --- | --- |

—

Tunisia — Libya — Italy

| — | Caspian Sea countries — EU |
| --- | --- |

—

Caspian Sea countries — EU

| — | Russia — Ukraine — Moldavia — Romania — Bulgaria — Greece — Slovenia — other Balkan countries |
| --- | --- |

—

Russia — Ukraine — Moldavia — Romania — Bulgaria — Greece — Slovenia — other Balkan countries

| — | Russia — Ukraine — Slovakia — Hungary — Slovenia — Italy |
| --- | --- |

—

Russia — Ukraine — Slovakia — Hungary — Slovenia — Italy

| — | Netherlands — Germany — Switzerland — Italy |
| --- | --- |

—

Netherlands — Germany — Switzerland — Italy

| — | Belgium — France — Switzerland — Italy |
| --- | --- |

—

Belgium — France — Switzerland — Italy

| — | Denmark — Sweden — Poland |
| --- | --- |

—

Denmark — Sweden — Poland

| — | Norway — Russia — EU |
| --- | --- |

—

Norway — Russia — EU

| — | Ireland |
| --- | --- |

—

Ireland

| — | Algeria — Italy — France |
| --- | --- |

—

Algeria — Italy — France

| — | Algeria — Tunisia — Italy |
| --- | --- |

—

Algeria — Tunisia — Italy

| — | Middle East — East Mediterranean Gas Ring — EU |
| --- | --- |

—

Middle East — East Mediterranean Gas Ring — EU

| — | Winksele blending installation on north-south axis (blending of H gas with nitrogen) |
| --- | --- |

—

Winksele blending installation on north-south axis (blending of H gas with nitrogen)

| — | Capacity upgrade on east-west axis: Zeebrugge — Eynatten |
| --- | --- |

—

Capacity upgrade on east-west axis: Zeebrugge — Eynatten

| 10. | Actions improving the functioning of the interconnected natural gas networks within the internal market and transit countries, in particular, identifying the bottlenecks and missing links, developing solutions in order to deal with congestion and adapting methods of forecasting and of operating natural gas networks efficiently and safely.






  — | Identifying the bottlenecks and missing links, especially cross-border, within the natural gas networks |
| --- | --- | --- |

10.

Actions improving the functioning of the interconnected natural gas networks within the internal market and transit countries, in particular, identifying the bottlenecks and missing links, developing solutions in order to deal with congestion and adapting methods of forecasting and of operating natural gas networks efficiently and safely.

—

Identifying the bottlenecks and missing links, especially cross-border, within the natural gas networks

| — | Developing solutions for natural gas flow management in order to deal with the problems of congestion within the gas networks |
| --- | --- |

—

Developing solutions for natural gas flow management in order to deal with the problems of congestion within the gas networks

| — | Adapting the methods of forecasting and operating natural gas networks required by the functioning of the internal market |
| --- | --- |

—

Adapting the methods of forecasting and operating natural gas networks required by the functioning of the internal market

| — | Increasing the overall performance, safety and security of the natural gas networks in transit countries. |
| --- | --- |

—

Increasing the overall performance, safety and security of the natural gas networks in transit countries.

| 11. | Developing and integrating olefin gases transport capacity needed in order to meet demand within the internal market.






  — | All Member States |
| --- | --- | --- |

11.

Developing and integrating olefin gases transport capacity needed in order to meet demand within the internal market.

—

All Member States

---

ANNEX III

TRANS–EUROPEAN ENERGY NETWORKS

Projects of common interest and their specifications, currently identified according to the criteria set out in Annex II

ELECTRICITY NETWORKS

1.   Developing electricity networks in isolated regions

| 1.1. | Submarine cable Ireland-Wales (UK) |
| --- | --- |

1.1.

Submarine cable Ireland-Wales (UK)

| 1.2. | Connection of southern Cyclades (EL) (to the Interconnected System) |
| --- | --- |

1.2.

Connection of southern Cyclades (EL) (to the Interconnected System)

| 1.3. | 30 kV Underwater cable link between the islands of Faial, Pico and S. Jorge (Azores, PT) |
| --- | --- |

1.3.

30 kV Underwater cable link between the islands of Faial, Pico and S. Jorge (Azores, PT)

| 1.4. | Connection and reinforcement of the grid in Terceira, Faial and S. Miguel (Azores, PT) |
| --- | --- |

1.4.

Connection and reinforcement of the grid in Terceira, Faial and S. Miguel (Azores, PT)

| 1.5. | Connection and reinforcement of the grid in Madeira (PT) |
| --- | --- |

1.5.

Connection and reinforcement of the grid in Madeira (PT)

| 1.6. | Submarine cable Sardinia (IT)-Italy mainland |
| --- | --- |

1.6.

Submarine cable Sardinia (IT)-Italy mainland

| 1.7. | Submarine cable Corsica (FR)-Italy |
| --- | --- |

1.7.

Submarine cable Corsica (FR)-Italy

| 1.8. | Connection Italy mainland-Sicily (IT): doubling of the connection Sorgente (IT)-Rizziconi (IT) |
| --- | --- |

1.8.

Connection Italy mainland-Sicily (IT): doubling of the connection Sorgente (IT)-Rizziconi (IT)

| 1.9. | New connections in the Balearic and Canary Islands (ES). |
| --- | --- |

1.9.

New connections in the Balearic and Canary Islands (ES).

2.   Developing electricity connections between the Member States

| 2.1. | Moulaine (FR)-Aubange (BE) line |
| --- | --- |

2.1.

Moulaine (FR)-Aubange (BE) line

| 2.2. | Avelin (FR)-Avelgem (BE) line |
| --- | --- |

2.2.

Avelin (FR)-Avelgem (BE) line

| 2.3. | Interconnection between Germany and Belgium |
| --- | --- |

2.3.

Interconnection between Germany and Belgium

| 2.4. | Vigy (FR)-Marlenheim (FR) line |
| --- | --- |

2.4.

Vigy (FR)-Marlenheim (FR) line

| 2.5. | Vigy (FR)-Uchtelfangen (DE) line |
| --- | --- |

2.5.

Vigy (FR)-Uchtelfangen (DE) line

| 2.6. | La Praz (FR) phase transformer |
| --- | --- |

2.6.

La Praz (FR) phase transformer

| 2.7. | Further increase of capacity through existing interconnection between France and Italy |
| --- | --- |

2.7.

Further increase of capacity through existing interconnection between France and Italy

| 2.8. | New interconnection between France and Italy |
| --- | --- |

2.8.

New interconnection between France and Italy

| 2.9. | New trans-Pyrenean interconnection between France and Spain |
| --- | --- |

2.9.

New trans-Pyrenean interconnection between France and Spain

| 2.10. | Eastern Pyrenees connection between France and Spain |
| --- | --- |

2.10.

Eastern Pyrenees connection between France and Spain

| 2.11. | Connections between northern Portugal and north-western Spain |
| --- | --- |

2.11.

Connections between northern Portugal and north-western Spain

| 2.12. | Sines (PT)-Alqueva (PT)-Balboa (ES) line |
| --- | --- |

2.12.

Sines (PT)-Alqueva (PT)-Balboa (ES) line

| 2.13. | Connection between southern Portugal and south-western Spain |
| --- | --- |

2.13.

Connection between southern Portugal and south-western Spain

| 2.14. | Valdigem (PT)-Douro Internacional (PT)-Aldeadávila (ES) line and ’Douro Internacional’ facilities |
| --- | --- |

2.14.

Valdigem (PT)-Douro Internacional (PT)-Aldeadávila (ES) line and ’Douro Internacional’ facilities

| 2.15. | Connections north of the Gulf of Bothnia and and Fennoscan submarine cable between Finland and Sweden |
| --- | --- |

2.15.

Connections north of the Gulf of Bothnia and and Fennoscan submarine cable between Finland and Sweden

| 2.16. | Lienz (AT)-Cordignano (IT) line |
| --- | --- |

2.16.

Lienz (AT)-Cordignano (IT) line

| 2.17. | Somplago (IT)-Wiirmbach (AT) interconnection |
| --- | --- |

2.17.

Somplago (IT)-Wiirmbach (AT) interconnection

| 2.18. | Austria-Italy (Thaur-Brixen) interconnection through the Brenner rail tunnel |
| --- | --- |

2.18.

Austria-Italy (Thaur-Brixen) interconnection through the Brenner rail tunnel

| 2.19. | Connection between Ireland and Northern Ireland |
| --- | --- |

2.19.

Connection between Ireland and Northern Ireland

| 2.20. | St Peter (AT)-Isar (DE) line |
| --- | --- |

2.20.

St Peter (AT)-Isar (DE) line

| 2.21. | Submarine cable between south-east England and central Netherlands |
| --- | --- |

2.21.

Submarine cable between south-east England and central Netherlands

| 2.22. | Reinforcement of connections between Denmark and Germany, e.g. the Kassø-Hamburg line |
| --- | --- |

2.22.

Reinforcement of connections between Denmark and Germany, e.g. the Kassø-Hamburg line

| 2.23. | Reinforcement of the connections between Denmark and Sweden |
| --- | --- |

2.23.

Reinforcement of the connections between Denmark and Sweden

| 2.24. | New interconnection between Slovenia and Hungary: Cirkovce (SI)-Hévíz (HU) |
| --- | --- |

2.24.

New interconnection between Slovenia and Hungary: Cirkovce (SI)-Hévíz (HU)

| 2.25. | Sajóivánka (HU)-Rimavská Sobota (SK) |
| --- | --- |

2.25.

Sajóivánka (HU)-Rimavská Sobota (SK)

| 2.26. | Moldava (SK)-Sajóivánka (HU) |
| --- | --- |

2.26.

Moldava (SK)-Sajóivánka (HU)

| 2.27. | Stupava (SK)-south-east Vienna (AT) |
| --- | --- |

2.27.

Stupava (SK)-south-east Vienna (AT)

| 2.28. | Poland-Germany line (Neuenhagen (DE)-Vierraden (DE)-Krajnik (PL)) |
| --- | --- |

2.28.

Poland-Germany line (Neuenhagen (DE)-Vierraden (DE)-Krajnik (PL))

| 2.29. | Poland-Lithuania link (Elk-Alytus) |
| --- | --- |

2.29.

Poland-Lithuania link (Elk-Alytus)

| 2.30. | Submarine cable to link Finland and Estonia |
| --- | --- |

2.30.

Submarine cable to link Finland and Estonia

| 2.31. | Installation of flexible alternating current transmission systems linking Italy and Slovenia |
| --- | --- |

2.31.

Installation of flexible alternating current transmission systems linking Italy and Slovenia

| 2.32. | New connections to link the UCTE and Centrel systems |
| --- | --- |

2.32.

New connections to link the UCTE and Centrel systems

| 2.33. | Dürnrohr (AT)-Slavetice (CZ) |
| --- | --- |

2.33.

Dürnrohr (AT)-Slavetice (CZ)

| 2.34. | Submarine electricity connection to link Malta (MT) and Sicily (IT) |
| --- | --- |

2.34.

Submarine electricity connection to link Malta (MT) and Sicily (IT)

| 2.35. | New interconnections between Italy and Slovenia |
| --- | --- |

2.35.

New interconnections between Italy and Slovenia

| 2.36. | Udine Ovest (IT)-Okroglo (SI) line |
| --- | --- |

2.36.

Udine Ovest (IT)-Okroglo (SI) line

3.   Developing electrical connections within the Member States

| 3.1. | Connections on the Danish east-west axis: connection between Denmark's western (UCTE) and eastern (NORDEL) networks |
| --- | --- |

3.1.

Connections on the Danish east-west axis: connection between Denmark's western (UCTE) and eastern (NORDEL) networks

| 3.2. | Connection on the Danish north-south axis |
| --- | --- |

3.2.

Connection on the Danish north-south axis

| 3.3. | New connections in northern France |
| --- | --- |

3.3.

New connections in northern France

| 3.4. | New connections in south-west France |
| --- | --- |

3.4.

New connections in south-west France

| 3.5. | Trino Vercellese (IT)-Lacchiarella (IT) line |
| --- | --- |

3.5.

Trino Vercellese (IT)-Lacchiarella (IT) line

| 3.6. | Turbigo (IT)-Rho (IT)-Bovisio (IT) line |
| --- | --- |

3.6.

Turbigo (IT)-Rho (IT)-Bovisio (IT) line

| 3.7. | Voghera (IT)-La Casella (IT) line |
| --- | --- |

3.7.

Voghera (IT)-La Casella (IT) line

| 3.8. | S. Fiorano (IT)-Nave (IT)-Gorlago (IT) line |
| --- | --- |

3.8.

S. Fiorano (IT)-Nave (IT)-Gorlago (IT) line

| 3.9. | Venezia Nord (IT)-Cordignano (IT) line |
| --- | --- |

3.9.

Venezia Nord (IT)-Cordignano (IT) line

| 3.10. | Redipuglia (IT)-Udine Ovest (IT) line |
| --- | --- |

3.10.

Redipuglia (IT)-Udine Ovest (IT) line

| 3.11. | New connections on the east-west axis of Italy |
| --- | --- |

3.11.

New connections on the east-west axis of Italy

| 3.12. | Tavarnuzze (IT)-Casellina (IT) line |
| --- | --- |

3.12.

Tavarnuzze (IT)-Casellina (IT) line

| 3.13. | Tavarnuzze (IT)-S.Barbara (IT) line |
| --- | --- |

3.13.

Tavarnuzze (IT)-S.Barbara (IT) line

| 3.14. | Rizziconi (IT)-Feroleto (IT)-Laino (IT) line |
| --- | --- |

3.14.

Rizziconi (IT)-Feroleto (IT)-Laino (IT) line

| 3.15. | New connections on the north-south axis Italy |
| --- | --- |

3.15.

New connections on the north-south axis Italy

| 3.16. | Network modifications for facilitating renewables connections in Italy |
| --- | --- |

3.16.

Network modifications for facilitating renewables connections in Italy

| 3.17. | New wind energy connections in Italy |
| --- | --- |

3.17.

New wind energy connections in Italy

| 3.18. | New connections on the north axis of Spain |
| --- | --- |

3.18.

New connections on the north axis of Spain

| 3.19. | New connections on the Mediterranean axis of Spain |
| --- | --- |

3.19.

New connections on the Mediterranean axis of Spain

| 3.20. | New connections on the Galicia (ES)-Centro (ES) axis |
| --- | --- |

3.20.

New connections on the Galicia (ES)-Centro (ES) axis

| 3.21. | New connections on the Centro (ES)-Aragón (ES) axis |
| --- | --- |

3.21.

New connections on the Centro (ES)-Aragón (ES) axis

| 3.22. | New connections on the Aragón (ES)-Levante (ES) axis |
| --- | --- |

3.22.

New connections on the Aragón (ES)-Levante (ES) axis

| 3.23. | New connections on the Spanish south-centre axis (ES) |
| --- | --- |

3.23.

New connections on the Spanish south-centre axis (ES)

| 3.24. | New connections on the Spanish east-centre axis (ES) |
| --- | --- |

3.24.

New connections on the Spanish east-centre axis (ES)

| 3.25. | New connections in Andalucía (ES) |
| --- | --- |

3.25.

New connections in Andalucía (ES)

| 3.26. | Pedralva (PT)-Riba d'Ave (PT) line and Pedralva facilities |
| --- | --- |

3.26.

Pedralva (PT)-Riba d'Ave (PT) line and Pedralva facilities

| 3.27. | Recarei (PT)-Valdigem (PT) line |
| --- | --- |

3.27.

Recarei (PT)-Valdigem (PT) line

| 3.28. | Picote (PT)-Pocinho (PT) line (upgrading) |
| --- | --- |

3.28.

Picote (PT)-Pocinho (PT) line (upgrading)

| 3.29. | Modification of the current Pego (PT)-Cedillo (ES)/Falagueira (PT) line and Falagueira facilities |
| --- | --- |

3.29.

Modification of the current Pego (PT)-Cedillo (ES)/Falagueira (PT) line and Falagueira facilities

| 3.30. | Pego (PT)-Batalha (PT) line and Batalha facilities |
| --- | --- |

3.30.

Pego (PT)-Batalha (PT) line and Batalha facilities

| 3.31. | Sines (PT)-Ferreira do Alentejo (PT) I line (upgrading) |
| --- | --- |

3.31.

Sines (PT)-Ferreira do Alentejo (PT) I line (upgrading)

| 3.32. | New wind energy connections in Portugal |
| --- | --- |

3.32.

New wind energy connections in Portugal

| 3.33. | Pereiros (PT)-Zêzere (PT)-Santarém (PT) lines and Zêzere facilities |
| --- | --- |

3.33.

Pereiros (PT)-Zêzere (PT)-Santarém (PT) lines and Zêzere facilities

| 3.34. | Batalha (PT)-Rio Maior (PT) I and II lines (upgradings) |
| --- | --- |

3.34.

Batalha (PT)-Rio Maior (PT) I and II lines (upgradings)

| 3.35. | Carrapatelo (PT)-Mourisca (PT) line (upgrading) |
| --- | --- |

3.35.

Carrapatelo (PT)-Mourisca (PT) line (upgrading)

| 3.36. | Valdigem (PT)-Viseu (PT)-Anadia (PT) line |
| --- | --- |

3.36.

Valdigem (PT)-Viseu (PT)-Anadia (PT) line

| 3.37. | Deviation of the current Rio Maior (PT)-Palmela (PT) line to Ribatejo (PT) and Ribatejo facilities |
| --- | --- |

3.37.

Deviation of the current Rio Maior (PT)-Palmela (PT) line to Ribatejo (PT) and Ribatejo facilities

| 3.38. | Thessaloniki (EL), Lamia (EL) and Patras (EL) substations and connecting lines |
| --- | --- |

3.38.

Thessaloniki (EL), Lamia (EL) and Patras (EL) substations and connecting lines

| 3.39. | Connections of the regions of Evia (EL), Lakonia (EL) and Thrace (EL) |
| --- | --- |

3.39.

Connections of the regions of Evia (EL), Lakonia (EL) and Thrace (EL)

| 3.40. | Strengthening of existing connections of peripheral regions in the mainland in Greece |
| --- | --- |

3.40.

Strengthening of existing connections of peripheral regions in the mainland in Greece

| 3.41. | Tynagh (IE)-Cashla (IE) line |
| --- | --- |

3.41.

Tynagh (IE)-Cashla (IE) line

| 3.42. | Flagford (IE)-East Sligo (IE) line |
| --- | --- |

3.42.

Flagford (IE)-East Sligo (IE) line

| 3.43. | Connections in the north-east and west of Spain, in particular to connect to the network wind-power generation capacities |
| --- | --- |

3.43.

Connections in the north-east and west of Spain, in particular to connect to the network wind-power generation capacities

| 3.44. | Connections in the Basque country (ES), Aragón (ES) and Navarra (ES) |
| --- | --- |

3.44.

Connections in the Basque country (ES), Aragón (ES) and Navarra (ES)

| 3.45. | Connections in Galicia (ES) |
| --- | --- |

3.45.

Connections in Galicia (ES)

| 3.46. | Connections in Central Sweden |
| --- | --- |

3.46.

Connections in Central Sweden

| 3.47. | Connections in Southern Sweden |
| --- | --- |

3.47.

Connections in Southern Sweden

| 3.48. | Hamburg (DE)-Schwerin region (DE) line |
| --- | --- |

3.48.

Hamburg (DE)-Schwerin region (DE) line

| 3.49. | Halle/Saale region (DE)-region Schweinfurt (DE) line |
| --- | --- |

3.49.

Halle/Saale region (DE)-region Schweinfurt (DE) line

| 3.50. | New wind energy connections off and onshore in Germany |
| --- | --- |

3.50.

New wind energy connections off and onshore in Germany

| 3.51. | Upgrading of 380 kV grid in Germany for connection of offshore windmill parks |
| --- | --- |

3.51.

Upgrading of 380 kV grid in Germany for connection of offshore windmill parks

| 3.52. | Connections in Northern Ireland, in relation to the interconnections with Ireland |
| --- | --- |

3.52.

Connections in Northern Ireland, in relation to the interconnections with Ireland

| 3.53. | Connections in the north-west of the United Kingdom |
| --- | --- |

3.53.

Connections in the north-west of the United Kingdom

| 3.54. | Connections in Scotland and England, with a view to the greater use of renewable sources in electricity generation |
| --- | --- |

3.54.

Connections in Scotland and England, with a view to the greater use of renewable sources in electricity generation

| 3.55. | New offshore wind energy connections in Belgium, including upgrade of 380 kV grid |
| --- | --- |

3.55.

New offshore wind energy connections in Belgium, including upgrade of 380 kV grid

| 3.56. | Borssele substation (NL) |
| --- | --- |

3.56.

Borssele substation (NL)

| 3.57. | Implementation of reactive power compensation equipment (NL) |
| --- | --- |

3.57.

Implementation of reactive power compensation equipment (NL)

| 3.58. | Installation of phase shifters and/or capacitor batteries in Belgium |
| --- | --- |

3.58.

Installation of phase shifters and/or capacitor batteries in Belgium

| 3.59. | Upgrading of 380 kV grid in Belgium to increase import capacity |
| --- | --- |

3.59.

Upgrading of 380 kV grid in Belgium to increase import capacity

| 3.60. | St Peter (AT)-Tauern (AT) line |
| --- | --- |

3.60.

St Peter (AT)-Tauern (AT) line

| 3.61. | Süd-Burgenland (AT)-Kainachtal (AT) line |
| --- | --- |

3.61.

Süd-Burgenland (AT)-Kainachtal (AT) line

| 3.62. | Dunowo (PL)-Żydowo (PL)-Krzewina (PL)- Plewiska (PL) |
| --- | --- |

3.62.

Dunowo (PL)-Żydowo (PL)-Krzewina (PL)- Plewiska (PL)

| 3.63. | Pątnów (PL)-Grudziądz (PL) |
| --- | --- |

3.63.

Pątnów (PL)-Grudziądz (PL)

| 3.64. | Ostrów (PL)-Plewiska (PL) |
| --- | --- |

3.64.

Ostrów (PL)-Plewiska (PL)

| 3.65. | Ostrów (PL)-Trębaczew (Rogowiec) (PL) |
| --- | --- |

3.65.

Ostrów (PL)-Trębaczew (Rogowiec) (PL)

| 3.66. | Plewiska (PL)-Pątnów (PL) |
| --- | --- |

3.66.

Plewiska (PL)-Pątnów (PL)

| 3.67. | Tarnów (PL)-Krosno (PL) |
| --- | --- |

3.67.

Tarnów (PL)-Krosno (PL)

| 3.68. | Ełk (PL)-Olsztyn Matki (PL) |
| --- | --- |

3.68.

Ełk (PL)-Olsztyn Matki (PL)

| 3.69. | Ełk (PL)-Narew (PL) |
| --- | --- |

3.69.

Ełk (PL)-Narew (PL)

| 3.70. | Mikułowa (PL)-Świebodzice-Dobrzeń (Groszowice) (PL) |
| --- | --- |

3.70.

Mikułowa (PL)-Świebodzice-Dobrzeń (Groszowice) (PL)

| 3.71. | Pątnów (PL)-Sochaczew (PL)-Warszawa (PL) |
| --- | --- |

3.71.

Pątnów (PL)-Sochaczew (PL)-Warszawa (PL)

| 3.72. | Krsko (SI)-Bericevo (SI) |
| --- | --- |

3.72.

Krsko (SI)-Bericevo (SI)

| 3.73. | Upgrade of Slovene transmission system from 220 kV to 400 kV |
| --- | --- |

3.73.

Upgrade of Slovene transmission system from 220 kV to 400 kV

| 3.74. | Medzibrod (SK)-Liptovská Mara (SK) |
| --- | --- |

3.74.

Medzibrod (SK)-Liptovská Mara (SK)

| 3.75. | Lemešany (SK)-Moldava (SK) |
| --- | --- |

3.75.

Lemešany (SK)-Moldava (SK)

| 3.76. | Lemešany (SK)-Veľké Kapušany (SK) |
| --- | --- |

3.76.

Lemešany (SK)-Veľké Kapušany (SK)

| 3.77. | Gabčíkovo (SK)-Veľký Ďur (SK) |
| --- | --- |

3.77.

Gabčíkovo (SK)-Veľký Ďur (SK)

| 3.78. | Connections in northern Sweden |
| --- | --- |

3.78.

Connections in northern Sweden

| 3.79. | Transferring Saaremaa (EE) supply to 110 kV |
| --- | --- |

3.79.

Transferring Saaremaa (EE) supply to 110 kV

| 3.80. | Improving Tartu (EE) power supply |
| --- | --- |

3.80.

Improving Tartu (EE) power supply

| 3.81. | Renovation of Eesti (EE) substation (330 kV) |
| --- | --- |

3.81.

Renovation of Eesti (EE) substation (330 kV)

| 3.82. | Renovation of Kiisa (EE), Püssi (EE), and Viljandi (EE) substations (110kV) |
| --- | --- |

3.82.

Renovation of Kiisa (EE), Püssi (EE), and Viljandi (EE) substations (110kV)

| 3.83. | Nošovice (CZ)-Prosenice (CZ): rebuilding of 400 kV single line as 400 kV double-circuit line |
| --- | --- |

3.83.

Nošovice (CZ)-Prosenice (CZ): rebuilding of 400 kV single line as 400 kV double-circuit line

| 3.84. | Krasíkov (CZ)-Horní Životice (CZ): new 400 kV single line |
| --- | --- |

3.84.

Krasíkov (CZ)-Horní Životice (CZ): new 400 kV single line

| 3.85. | New wind energy connections in Malta (MT) |
| --- | --- |

3.85.

New wind energy connections in Malta (MT)

4.   Developing electricity connections with the non-member States

| 4.1. | New interconnection Italy-Switzerland |
| --- | --- |

4.1.

New interconnection Italy-Switzerland

| 4.2. | Philippi (EL)-Maritsa 3 (Bulgaria) line |
| --- | --- |

4.2.

Philippi (EL)-Maritsa 3 (Bulgaria) line

| 4.3. | Amintaio (EL)-Bitola (Former Yugoslav Republic Of Macedonia) line |
| --- | --- |

4.3.

Amintaio (EL)-Bitola (Former Yugoslav Republic Of Macedonia) line

| 4.4. | Kardia (EL)-Elbasan (Albania) line |
| --- | --- |

4.4.

Kardia (EL)-Elbasan (Albania) line

| 4.5. | Elbasan (Albania)-Podgorica (Serbia and Montenegro) line |
| --- | --- |

4.5.

Elbasan (Albania)-Podgorica (Serbia and Montenegro) line

| 4.6. | Mostar (Bosnia and Herzegovina) substation and connecting lines |
| --- | --- |

4.6.

Mostar (Bosnia and Herzegovina) substation and connecting lines

| 4.7. | Ernestinovo (Croatia) substation and connecting lines |
| --- | --- |

4.7.

Ernestinovo (Croatia) substation and connecting lines

| 4.8. | New connections between Greece and Albania, Bulgaria and Former Yugoslav Republic of Macedonia |
| --- | --- |

4.8.

New connections between Greece and Albania, Bulgaria and Former Yugoslav Republic of Macedonia

| 4.9. | Philippi (EL)-Hamidabad (TR) line |
| --- | --- |

4.9.

Philippi (EL)-Hamidabad (TR) line

| 4.10. | Submarine cable between the north-east/east England and southern Norway |
| --- | --- |

4.10.

Submarine cable between the north-east/east England and southern Norway

| 4.11. | Eemshaven (NL)-Feda (NO) link |
| --- | --- |

4.11.

Eemshaven (NL)-Feda (NO) link

| 4.12. | Submarine cable between southern Spain and Morocco (strengthening of existing connection) |
| --- | --- |

4.12.

Submarine cable between southern Spain and Morocco (strengthening of existing connection)

| 4.13. | Connections for the Baltic Electricity Ring: Germany-Poland-Russia-Estonia-Latvia-Lithuania-Sweden-Finland-Denmark-Belarus |
| --- | --- |

4.13.

Connections for the Baltic Electricity Ring: Germany-Poland-Russia-Estonia-Latvia-Lithuania-Sweden-Finland-Denmark-Belarus

| 4.14. | Southern Finland-Russia links |
| --- | --- |

4.14.

Southern Finland-Russia links

| 4.15. | New connections between north Sweden and north Norway |
| --- | --- |

4.15.

New connections between north Sweden and north Norway

| 4.16. | New connections between mid-Sweden and mid-Norway |
| --- | --- |

4.16.

New connections between mid-Sweden and mid-Norway

| 4.17. | Borgvik (SE)-Hoesle (NO)-Oslo region (NO) line |
| --- | --- |

4.17.

Borgvik (SE)-Hoesle (NO)-Oslo region (NO) line

| 4.18. | New connections between the UCTE/Centrel system and the Balkan countries |
| --- | --- |

4.18.

New connections between the UCTE/Centrel system and the Balkan countries

| 4.19. | Connections and interface between the UCTE system and Belarus, Russia and Ukraine, including relocation of HVDC conversion stations operating previously between Austria and Hungary, Austria and the Czech Republic, and Germany and the Czech Republic |
| --- | --- |

4.19.

Connections and interface between the UCTE system and Belarus, Russia and Ukraine, including relocation of HVDC conversion stations operating previously between Austria and Hungary, Austria and the Czech Republic, and Germany and the Czech Republic

| 4.20. | Connections in the Black Sea Electricity Ring: Russia-Ukraine-Romania-Bulgaria-Turkey-Georgia |
| --- | --- |

4.20.

Connections in the Black Sea Electricity Ring: Russia-Ukraine-Romania-Bulgaria-Turkey-Georgia

| 4.21. | New connections in the Black Sea area with a view to interoperability of the UCTE system with the networks in the countries covered |
| --- | --- |

4.21.

New connections in the Black Sea area with a view to interoperability of the UCTE system with the networks in the countries covered

| 4.22. | New connections in the Mediterranean Electricity Ring: France-Spain-Morocco-Algeria-Tunisia-Libya-Egypt-near-east Countries-Turkey-Greece-Italy |
| --- | --- |

4.22.

New connections in the Mediterranean Electricity Ring: France-Spain-Morocco-Algeria-Tunisia-Libya-Egypt-near-east Countries-Turkey-Greece-Italy

| 4.23. | Submarine cable between southern Spain and north-west Algeria |
| --- | --- |

4.23.

Submarine cable between southern Spain and north-west Algeria

| 4.24. | Submarine cable between Italy and North Africa (Algeria, Tunisia, Libya) |
| --- | --- |

4.24.

Submarine cable between Italy and North Africa (Algeria, Tunisia, Libya)

| 4.25. | Electricity connection between Tunisia and Italy |
| --- | --- |

4.25.

Electricity connection between Tunisia and Italy

| 4.26. | New connections in the Barents region/area |
| --- | --- |

4.26.

New connections in the Barents region/area

| 4.27. | Upgrading of connections between Denmark and Norway |
| --- | --- |

4.27.

Upgrading of connections between Denmark and Norway

| 4.28. | Obermoorweiler (DE)-Meiningen (AT)-Bonaduz (CH): further capacity increase |
| --- | --- |

4.28.

Obermoorweiler (DE)-Meiningen (AT)-Bonaduz (CH): further capacity increase

| 4.29. | Békéscsaba (HU)-Oradea (RO) |
| --- | --- |

4.29.

Békéscsaba (HU)-Oradea (RO)

| 4.30. | Pécs (HU)-Sombor (Serbia and Montenegro) |
| --- | --- |

4.30.

Pécs (HU)-Sombor (Serbia and Montenegro)

| 4.31. | Pécs (HU)-Ernestinovo (HR) |
| --- | --- |

4.31.

Pécs (HU)-Ernestinovo (HR)

| 4.32. | Vel'ké Kapušany (SK)-Ukraine border |
| --- | --- |

4.32.

Vel'ké Kapušany (SK)-Ukraine border

| 4.33. | Andrall (ES)-Encamp (AD): capacity increase to 220 kV |
| --- | --- |

4.33.

Andrall (ES)-Encamp (AD): capacity increase to 220 kV

| 4.34. | Spain-Andorra-France: upgrade of connections |
| --- | --- |

4.34.

Spain-Andorra-France: upgrade of connections

5.   Actions improving the functioning of the interconnected electricity networks within the internal market

(No specifications defined yet)

GAS NETWORKS

6.   Introducing natural gas into new regions

| 6.1. | Developing gas network from Belfast towards the north-west region of Northern Ireland (UK) and, if appropriate, to the western coast of Ireland |
| --- | --- |

6.1.

Developing gas network from Belfast towards the north-west region of Northern Ireland (UK) and, if appropriate, to the western coast of Ireland

| 6.2. | LNG in Santa Cruz de Tenerife, Canary Islands (ES) |
| --- | --- |

6.2.

LNG in Santa Cruz de Tenerife, Canary Islands (ES)

| 6.3. | LNG in Las Palmas de Gran Canaria (ES) |
| --- | --- |

6.3.

LNG in Las Palmas de Gran Canaria (ES)

| 6.4. | LNG in Madeira (PT) |
| --- | --- |

6.4.

LNG in Madeira (PT)

| 6.5. | Development of gas network in Sweden |
| --- | --- |

6.5.

Development of gas network in Sweden

| 6.6. | Connection between the Balearic Islands (ES) and mainland Spain |
| --- | --- |

6.6.

Connection between the Balearic Islands (ES) and mainland Spain

| 6.7. | High pressure branch to Thrace (EL) |
| --- | --- |

6.7.

High pressure branch to Thrace (EL)

| 6.8. | High pressure branch to Corinth (EL) |
| --- | --- |

6.8.

High pressure branch to Corinth (EL)

| 6.9. | High pressure branch to north-west Greece (EL) |
| --- | --- |

6.9.

High pressure branch to north-west Greece (EL)

| 6.10. | Connection of Lolland (DK) and Falster (DK) islands |
| --- | --- |

6.10.

Connection of Lolland (DK) and Falster (DK) islands

| 6.11. | LNG in the island of Cyprus, Vasilikos Energy Centre |
| --- | --- |

6.11.

LNG in the island of Cyprus, Vasilikos Energy Centre

| 6.12. | Connection between Vasilikos (CY) LNG plant and Moni (CY) power station |
| --- | --- |

6.12.

Connection between Vasilikos (CY) LNG plant and Moni (CY) power station

| 6.13. | LNG in the island of Crete (EL) |
| --- | --- |

6.13.

LNG in the island of Crete (EL)

| 6.14. | High pressure branch to Patra (EL) |
| --- | --- |

6.14.

High pressure branch to Patra (EL)

| 6.15. | LNG in Malta |
| --- | --- |

6.15.

LNG in Malta

7.   Developing gas connections in order to meet the needs of the internal market or strengthening of the security of supply, including connection of separate natural gas networks

| 7.1. | Additional gas interconnection pipeline between Ireland and Scotland |
| --- | --- |

7.1.

Additional gas interconnection pipeline between Ireland and Scotland

| 7.2. | North-south interconnection, including Dublin-Belfast pipeline |
| --- | --- |

7.2.

North-south interconnection, including Dublin-Belfast pipeline

| 7.3. | Compression station on the Lacq (FR)-Calahorra (ES) pipeline |
| --- | --- |

7.3.

Compression station on the Lacq (FR)-Calahorra (ES) pipeline

| 7.4. | Lussagnet (FR)-Bilbao (ES) pipeline |
| --- | --- |

7.4.

Lussagnet (FR)-Bilbao (ES) pipeline

| 7.5. | Perpignan (FR)-Barcelona (ES) pipeline |
| --- | --- |

7.5.

Perpignan (FR)-Barcelona (ES) pipeline

| 7.6. | Increasing transport capacity of gas pipelines supplying Portugal through South Spain and Galicia and Asturias through Portugal |
| --- | --- |

7.6.

Increasing transport capacity of gas pipelines supplying Portugal through South Spain and Galicia and Asturias through Portugal

| 7.7. | Puchkirchen (AT)-Burghausen (DE) pipeline |
| --- | --- |

7.7.

Puchkirchen (AT)-Burghausen (DE) pipeline

| 7.8. | Andorf (AT)-Simbach (DE) pipeline |
| --- | --- |

7.8.

Andorf (AT)-Simbach (DE) pipeline

| 7.9. | Wiener Neustadt (AT)-Sopron (HU) pipeline |
| --- | --- |

7.9.

Wiener Neustadt (AT)-Sopron (HU) pipeline

| 7.10. | Bad Leonfelden (AT)-Linz (AT) pipeline |
| --- | --- |

7.10.

Bad Leonfelden (AT)-Linz (AT) pipeline

| 7.11. | North-west Greece-Elbasan (AL) pipeline |
| --- | --- |

7.11.

North-west Greece-Elbasan (AL) pipeline

| 7.12. | Greece-Italy interconnection pipeline |
| --- | --- |

7.12.

Greece-Italy interconnection pipeline

| 7.13. | Compression station on the main pipeline in Greece |
| --- | --- |

7.13.

Compression station on the main pipeline in Greece

| 7.14. | Connection between the networks of Austria and Czech Republic |
| --- | --- |

7.14.

Connection between the networks of Austria and Czech Republic

| 7.15. | Gas transport corridor in south-east Europe across Greece, Former Yugoslav Republic of Macedonia, Serbia and Montenegro, Bosnia and Herzegovina, Croatia, Slovenia and Austria |
| --- | --- |

7.15.

Gas transport corridor in south-east Europe across Greece, Former Yugoslav Republic of Macedonia, Serbia and Montenegro, Bosnia and Herzegovina, Croatia, Slovenia and Austria

| 7.16. | Gas transport corridor between Austria and Turkey through Hungary, Romania and Bulgaria |
| --- | --- |

7.16.

Gas transport corridor between Austria and Turkey through Hungary, Romania and Bulgaria

| 7.17. | Interconnecting pipelines between United Kingdom, the Netherlands and Germany, linking the main sources and markets of north-wWest Europe |
| --- | --- |

7.17.

Interconnecting pipelines between United Kingdom, the Netherlands and Germany, linking the main sources and markets of north-wWest Europe

| 7.18. | Connection between north-east Germany (Berlin area) and north-west Poland (Szczecin area) with a branch from Schmölln to Lubmin (DE, Greifswald area) |
| --- | --- |

7.18.

Connection between north-east Germany (Berlin area) and north-west Poland (Szczecin area) with a branch from Schmölln to Lubmin (DE, Greifswald area)

| 7.19. | Cieszyn (PL)-Ostrava (CZ) pipeline |
| --- | --- |

7.19.

Cieszyn (PL)-Ostrava (CZ) pipeline

| 7.20. | Görlitz (DE)-Zgorzelec (PL): extension and interconnection of natural gas networks |
| --- | --- |

7.20.

Görlitz (DE)-Zgorzelec (PL): extension and interconnection of natural gas networks

| 7.21. | Bernau (DE)-Szczecin (PL) extension |
| --- | --- |

7.21.

Bernau (DE)-Szczecin (PL) extension

| 7.22. | Connection between offshore facilities in the North Sea, or from Danish offshore to United Kingdom onshore facilities |
| --- | --- |

7.22.

Connection between offshore facilities in the North Sea, or from Danish offshore to United Kingdom onshore facilities

| 7.23. | Reinforcement of the capacity of transport between France and Italy |
| --- | --- |

7.23.

Reinforcement of the capacity of transport between France and Italy

| 7.24. | The Baltic gas interconnector between Denmark–Germany-Sweden |
| --- | --- |

7.24.

The Baltic gas interconnector between Denmark–Germany-Sweden

| 7.25. | Winksele (BE) blending station on north-south axis |
| --- | --- |

7.25.

Winksele (BE) blending station on north-south axis

| 7.26. | Zeebrugge (BE)-Eynatten (BE) capacity upgrade |
| --- | --- |

7.26.

Zeebrugge (BE)-Eynatten (BE) capacity upgrade

| 7.27. | Upgrading of capacity along north-west axis: Zelzate (BE)-Zeebrugge (BE) |
| --- | --- |

7.27.

Upgrading of capacity along north-west axis: Zelzate (BE)-Zeebrugge (BE)

| 7.28. | Building of gas pipeline linking Denmark and the Netherlands and connecting existing North Sea production facilities |
| --- | --- |

7.28.

Building of gas pipeline linking Denmark and the Netherlands and connecting existing North Sea production facilities

8.   Developing capacities for receiving LNG and for storage of natural gas

| 8.1. | LNG at Le Verdon-sur-mer (FR, new terminal) and pipeline to Lussagnet (FR) storage |
| --- | --- |

8.1.

LNG at Le Verdon-sur-mer (FR, new terminal) and pipeline to Lussagnet (FR) storage

| 8.2. | LNG at Fos-sur-mer (FR) |
| --- | --- |

8.2.

LNG at Fos-sur-mer (FR)

| 8.3. | LNG at Huelva (ES), extending existing terminal |
| --- | --- |

8.3.

LNG at Huelva (ES), extending existing terminal

| 8.4. | LNG at Cartagena (ES), extending existing terminal |
| --- | --- |

8.4.

LNG at Cartagena (ES), extending existing terminal

| 8.5. | LNG at Galicia (ES), new terminal |
| --- | --- |

8.5.

LNG at Galicia (ES), new terminal

| 8.6. | LNG at Bilbao (ES), new terminal |
| --- | --- |

8.6.

LNG at Bilbao (ES), new terminal

| 8.7. | LNG in the Valencia Region (ES), new terminal |
| --- | --- |

8.7.

LNG in the Valencia Region (ES), new terminal

| 8.8. | LNG in Barcelona (ES), extending existing terminal |
| --- | --- |

8.8.

LNG in Barcelona (ES), extending existing terminal

| 8.9. | LNG in Sines (PT), new terminal |
| --- | --- |

8.9.

LNG in Sines (PT), new terminal

| 8.10. | LNG at Revithoussa (EL), extending existing terminal |
| --- | --- |

8.10.

LNG at Revithoussa (EL), extending existing terminal

| 8.11. | LNG on the north Adriatic Coast (IT) |
| --- | --- |

8.11.

LNG on the north Adriatic Coast (IT)

| 8.12. | LNG offshore in the north Adriatic Sea (IT) |
| --- | --- |

8.12.

LNG offshore in the north Adriatic Sea (IT)

| 8.13. | LNG on the south Adriatic Coast (IT) |
| --- | --- |

8.13.

LNG on the south Adriatic Coast (IT)

| 8.14. | LNG on the Ionian coast (IT) |
| --- | --- |

8.14.

LNG on the Ionian coast (IT)

| 8.15. | LNG on the Tyrrhenian coast (IT) |
| --- | --- |

8.15.

LNG on the Tyrrhenian coast (IT)

| 8.16. | LNG on the Ligurian coast (IT) |
| --- | --- |

8.16.

LNG on the Ligurian coast (IT)

| 8.17. | LNG at Zeebrugge (BE, second phase of capacity extension) |
| --- | --- |

8.17.

LNG at Zeebrugge (BE, second phase of capacity extension)

| 8.18. | LNG at Isle of Grain, Kent (UK) |
| --- | --- |

8.18.

LNG at Isle of Grain, Kent (UK)

| 8.19. | Construction of a second LNG terminal in continental Greece |
| --- | --- |

8.19.

Construction of a second LNG terminal in continental Greece

| 8.20. | Developing underground gas storage facilities in Ireland |
| --- | --- |

8.20.

Developing underground gas storage facilities in Ireland

| 8.21. | Storage at South Kavala (EL), conversion of an offshore depleted gas field |
| --- | --- |

8.21.

Storage at South Kavala (EL), conversion of an offshore depleted gas field

| 8.22. | Storage at Lussagnet (FR), extending existing site |
| --- | --- |

8.22.

Storage at Lussagnet (FR), extending existing site

| 8.23. | Storage at Pecorade (FR), conversion of a depleted oil field |
| --- | --- |

8.23.

Storage at Pecorade (FR), conversion of a depleted oil field

| 8.24. | Storage in Alsace region (FR), developing of saline cavities |
| --- | --- |

8.24.

Storage in Alsace region (FR), developing of saline cavities

| 8.25. | Storage in Centre region (FR), developing water table. |
| --- | --- |

8.25.

Storage in Centre region (FR), developing water table.

| 8.26. | Storage on the north-south axis of Spain (new sites) in Cantabria, Aragon, Castilla y León, Castilla-La Mancha and Andalucia |
| --- | --- |

8.26.

Storage on the north-south axis of Spain (new sites) in Cantabria, Aragon, Castilla y León, Castilla-La Mancha and Andalucia

| 8.27. | Storage on the Mediterranean axis of Spain (new sites) in Catalonia, Valencia and Murcia |
| --- | --- |

8.27.

Storage on the Mediterranean axis of Spain (new sites) in Catalonia, Valencia and Murcia

| 8.28. | Storage in Carriço (PT), new site |
| --- | --- |

8.28.

Storage in Carriço (PT), new site

| 8.29. | Storage at Loenhout (BE), extending existing site |
| --- | --- |

8.29.

Storage at Loenhout (BE), extending existing site

| 8.30. | Storage at Stenlille (DK) and Lille Torup (DK), extending existing site |
| --- | --- |

8.30.

Storage at Stenlille (DK) and Lille Torup (DK), extending existing site

| 8.31. | Storage at Tønder (DK), new site |
| --- | --- |

8.31.

Storage at Tønder (DK), new site

| 8.32. | Storage at Puchkirchen (AT), extending existing site, including pipeline to the Penta West system near Andorf (AT) |
| --- | --- |

8.32.

Storage at Puchkirchen (AT), extending existing site, including pipeline to the Penta West system near Andorf (AT)

| 8.33. | Storage at Baumgarten (AT), new site |
| --- | --- |

8.33.

Storage at Baumgarten (AT), new site

| 8.34. | Storage at Haidach (AT), new site, including pipeline to the European gas grid |
| --- | --- |

8.34.

Storage at Haidach (AT), new site, including pipeline to the European gas grid

| 8.35. | Developing underground gas storage facilities in Italy |
| --- | --- |

8.35.

Developing underground gas storage facilities in Italy

| 8.36. | Storage at Wierzchowice (PL), extending existing site |
| --- | --- |

8.36.

Storage at Wierzchowice (PL), extending existing site

| 8.37. | Storage at Kossakowo (PL), developing underground storage |
| --- | --- |

8.37.

Storage at Kossakowo (PL), developing underground storage

| 8.38. | Malta (MT)-Sicily (IT) gas pipeline |
| --- | --- |

8.38.

Malta (MT)-Sicily (IT) gas pipeline

| 8.39. | Storage in Lithuania (new site) |
| --- | --- |

8.39.

Storage in Lithuania (new site)

9.   Developing gas transport capacity (gas supply pipelines)

| 9.1. | Creation and development of connections Nordic Gas Grid: Norway-Denmark-Germany-Sweden-Finland-Russia-Baltic States-Poland |
| --- | --- |

9.1.

Creation and development of connections Nordic Gas Grid: Norway-Denmark-Germany-Sweden-Finland-Russia-Baltic States-Poland

| 9.2. | The mid-Nordic gas pipeline: Norway, Sweden, Finland |
| --- | --- |

9.2.

The mid-Nordic gas pipeline: Norway, Sweden, Finland

| 9.3. | The north European gas pipeline: Russia, Baltic Sea, Germany |
| --- | --- |

9.3.

The north European gas pipeline: Russia, Baltic Sea, Germany

| 9.4. | Gas pipeline from Russia to Germany, via Latvia, Lithuania and Poland, including developing underground gas storage facilities in Latvia (’Amber’ project) |
| --- | --- |

9.4.

Gas pipeline from Russia to Germany, via Latvia, Lithuania and Poland, including developing underground gas storage facilities in Latvia (’Amber’ project)

| 9.5. | Gas pipeline Finland-Estonia |
| --- | --- |

9.5.

Gas pipeline Finland-Estonia

| 9.6. | New gas pipelines from Algeria to Spain and France and related capacity increase of the internal networks in these countries |
| --- | --- |

9.6.

New gas pipelines from Algeria to Spain and France and related capacity increase of the internal networks in these countries

| 9.7. | Increasing transport capacity of the Algeria-Morocco-Spain (up to Córdoba) pipeline |
| --- | --- |

9.7.

Increasing transport capacity of the Algeria-Morocco-Spain (up to Córdoba) pipeline

| 9.8. | Córdoba (ES)-Ciudad Real (ES) pipeline |
| --- | --- |

9.8.

Córdoba (ES)-Ciudad Real (ES) pipeline

| 9.9. | Ciudad Real (ES)-Madrid (ES) pipeline |
| --- | --- |

9.9.

Ciudad Real (ES)-Madrid (ES) pipeline

| 9.10. | Ciudad Real (ES)-Mediterranean coast (ES) pipeline |
| --- | --- |

9.10.

Ciudad Real (ES)-Mediterranean coast (ES) pipeline

| 9.11. | Branches in Castilla-La Mancha (ES) |
| --- | --- |

9.11.

Branches in Castilla-La Mancha (ES)

| 9.12. | Extension towards north-west Spain |
| --- | --- |

9.12.

Extension towards north-west Spain

| 9.13. | Algeria-Spain submarine pipeline and pipelines for the connection to France |
| --- | --- |

9.13.

Algeria-Spain submarine pipeline and pipelines for the connection to France

| 9.14. | Increasing transport capacity from Russian resources to the European Union, via Ukraine, Slovakia and the Czech Republic |
| --- | --- |

9.14.

Increasing transport capacity from Russian resources to the European Union, via Ukraine, Slovakia and the Czech Republic

| 9.15. | Increasing transport capacity from Russian resources to the European Union, via Belarus and Poland |
| --- | --- |

9.15.

Increasing transport capacity from Russian resources to the European Union, via Belarus and Poland

| 9.16. | Yamal-Europe II natural gas pipeline |
| --- | --- |

9.16.

Yamal-Europe II natural gas pipeline

| 9.17. | Yagal Sud gas pipeline (between the Stegal pipeline leading to the DE, FR, CH triangle) |
| --- | --- |

9.17.

Yagal Sud gas pipeline (between the Stegal pipeline leading to the DE, FR, CH triangle)

| 9.18. | SUDAL East gas pipeline (between Midal pipeline near Heppenheim to Burghausen connection with the PENTA pipeline in Austria) |
| --- | --- |

9.18.

SUDAL East gas pipeline (between Midal pipeline near Heppenheim to Burghausen connection with the PENTA pipeline in Austria)

| 9.19. | Increasing transport capacity of the Stegal gas pipeline for transport of additional gas from the Czech-German border and from the Polish-German border through Germany to other Member States |
| --- | --- |

9.19.

Increasing transport capacity of the Stegal gas pipeline for transport of additional gas from the Czech-German border and from the Polish-German border through Germany to other Member States

| 9.20. | Gas pipeline from Libyan resources to Italy |
| --- | --- |

9.20.

Gas pipeline from Libyan resources to Italy

| 9.21. | Gas pipeline from resources in the Caspian Sea Countries to the European Union |
| --- | --- |

9.21.

Gas pipeline from resources in the Caspian Sea Countries to the European Union

| 9.22. | Greece-Turkey gas pipeline |
| --- | --- |

9.22.

Greece-Turkey gas pipeline

| 9.23. | Increasing transport capacity from Russian resources to Greece and other Balkan countries, via Ukraine, Moldavia, Romania and Bulgaria |
| --- | --- |

9.23.

Increasing transport capacity from Russian resources to Greece and other Balkan countries, via Ukraine, Moldavia, Romania and Bulgaria

| 9.24. | St Zagora (BG)-Ihtiman (BG) gas pipeline |
| --- | --- |

9.24.

St Zagora (BG)-Ihtiman (BG) gas pipeline

| 9.25. | Trans-Adriatic pipeline — Natural gas pipeline to transport natural gas imported from the Caspian Sea region, Russia, or the Middle East, connecting Italy and the South-East European energy markets |
| --- | --- |

9.25.

Trans-Adriatic pipeline — Natural gas pipeline to transport natural gas imported from the Caspian Sea region, Russia, or the Middle East, connecting Italy and the South-East European energy markets

| 9.26. | Connecting pipelines between the German, Czech, Austrian and Italian gas networks |
| --- | --- |

9.26.

Connecting pipelines between the German, Czech, Austrian and Italian gas networks

| 9.27. | Gas pipeline from Russian resources to Italy, via Ukraine, Slovakia, Hungary and Slovenia |
| --- | --- |

9.27.

Gas pipeline from Russian resources to Italy, via Ukraine, Slovakia, Hungary and Slovenia

| 9.28. | Increasing transport capacity of the TENP gas pipeline running from the Netherlands through Germany to Italy |
| --- | --- |

9.28.

Increasing transport capacity of the TENP gas pipeline running from the Netherlands through Germany to Italy

| 9.29. | Taisnieres (FR)-Oltingue (CH) gas pipeline |
| --- | --- |

9.29.

Taisnieres (FR)-Oltingue (CH) gas pipeline

| 9.30. | Gas pipeline from Denmark to Poland, possibly via Sweden |
| --- | --- |

9.30.

Gas pipeline from Denmark to Poland, possibly via Sweden

| 9.31. | Nybro (DK)-Dragør (DK) gas pipeline, including connecting pipeline to the storage at Stenlille (DK) |
| --- | --- |

9.31.

Nybro (DK)-Dragør (DK) gas pipeline, including connecting pipeline to the storage at Stenlille (DK)

| 9.32. | Gas network from the Barents Sea resources to the European Union, via Sweden and Finland |
| --- | --- |

9.32.

Gas network from the Barents Sea resources to the European Union, via Sweden and Finland

| 9.33. | Gas pipeline from the Corrib field (IE), offshore |
| --- | --- |

9.33.

Gas pipeline from the Corrib field (IE), offshore

| 9.34. | Gas pipeline from Algerian resources to Italy, via Sardinia with a branch to Corsica |
| --- | --- |

9.34.

Gas pipeline from Algerian resources to Italy, via Sardinia with a branch to Corsica

| 9.35. | Gas network from resources in the Middle East to the European Union |
| --- | --- |

9.35.

Gas network from resources in the Middle East to the European Union

| 9.36. | Gas pipeline from Norway to the United Kingdom |
| --- | --- |

9.36.

Gas pipeline from Norway to the United Kingdom

| 9.37. | Pécs (HU)-Croatia connection |
| --- | --- |

9.37.

Pécs (HU)-Croatia connection

| 9.38. | Szeged (HU)-Oradea (RO) connection |
| --- | --- |

9.38.

Szeged (HU)-Oradea (RO) connection

| 9.39. | Vecsés (HU)-Slovakia connection |
| --- | --- |

9.39.

Vecsés (HU)-Slovakia connection

| 9.40. | Beregdaróc (HU)-Ukraine capacity increase |
| --- | --- |

9.40.

Beregdaróc (HU)-Ukraine capacity increase

10.   Actions improving the functioning of the interconnected gas networks within the internal market

(No specifications defined yet)

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

On 10 December 2003, the Commission presented a proposal for a Decision of the European Parliament and of the Council laying down guidelines for trans-European energy networks and repealing Decision 96/391/EC and Decision No 1229/2003/EC (1).

The European Economic and Social Committee delivered its pinion (2) on 2 June 2004. The Committee of the Regions decided not to present an opinion.

The European Parliament adopted its opinion (3) at first reading on 7 June 2005.

On 8 December 2005, the Council adopted its Common Position in accordance with Article 251 of the Treaty.

II.   OBJECTIVE OF THE PROPOSAL

The main purpose of this proposal is to adapt the trans-European energy guidelines adopted in June 2003 (4), in particular with respect to new Member States, and allow for funding (5) of projects of common interest to the enlarged Union. The revision of the guidelines includes projects which will facilitate the integration of new Member States into the internal market of electricity and gas. It addresses also the need to include projects involving the ‘neighbouring countries’.

Furthermore, with respect to the mechanisms provided for the preparation and implementation of priority projects, the Commission proposed two new provisions, namely:

| (a) | a Declaration of European Interest for cross-border priority projects having a significant impact on the integration of the networks concerned; and |
| --- | --- |

(a)

a Declaration of European Interest for cross-border priority projects having a significant impact on the integration of the networks concerned; and

| (b) | the possibility for the Commission to appoint a European coordinator for a given priority axis or for an individual priority project. |
| --- | --- |

(b)

the possibility for the Commission to appoint a European coordinator for a given priority axis or for an individual priority project.

Finally, the proposal also includes ‘olefin gases’ in the scope of the Decision; however, projects related to olefin gases would not be eligible for Community funding under Regulation (EC) No 2236/95.

III.   ANALYSIS OF THE COMMON POSITION

1.   General remarks and main changes introduced by Council

Generally speaking, the Council endeavoured to simplify the structure of the Decision (in terms of levels of priorities and number of Annexes) and keep it as close as possible to Decision No 1229/2003/EC.

Council supports the main aim of the Commission's proposal: to adapt the trans-European energy network guidelines to the consequences of the recent enlargement of the Union. However, Council did not accept the new elements introduced by the Commission in this proposal (as compared to Decision No 1229/2003/EC) i.e. the creation of a new, additional category of ‘projects of European interest’ (Article 8), combined with provisions concerning the implementation of such projects (Article 9) and the European coordinator (Article 10).

It has been argued that these new provisions have been accepted by Council in relation with trans-European transport networks. However, two significant differences distinguish the trans-European energy networks from the trans-European transport networks: the very limited budget available for trans-European energy networks and the fact that energy infrastructure projects are normally undertaken by private investors. Thus, the effect that the creation of an additional category of ‘projects of European interest’ could have in practice would be to effectively exclude TEN-financing altogether for a ‘normal priority project’ which a private investor would be willing to consider. Regarding the provisions on a possible ‘European coordinator’, the Council is of the view that far less bureaucratic provisions could be retained for the same purpose as noted by the European Parliament itself in its amendment 21.

The Council notes in this respect the wide scope of the enabling provision set out in Article 8(2). Taking into account the aforementioned two differences, and the negative effect which the creation of an extra category could have on the realisation of other viable projects, has led Council to the conclusion that the added cost and administrative burdens, imposed on Member States as a result of the provisions contained in Articles 8 to 10 of the Commission's proposal, are disproportionate in relation to their potential benefit.

During an informal trialogue with the EP which took place during the preparation of the common position, compromises were reached on the issues of appropriate references to olefin gases and renewable sources of energy; these compromises are included in the common position.

2.   European Parliament amendments

Concerning the 30 amendments adopted by the European Parliament, the Council has accepted the following 20 amendments:

| — | fully (sometimes with redrafting): 1, 2, 4, 5 (recital 6), 6 (recital 11), 8 (recital 14a), 11, 16, 22 (Article 8(1), 23 (Article 9), 30; |
| --- | --- |

—

fully (sometimes with redrafting): 1, 2, 4, 5 (recital 6), 6 (recital 11), 8 (recital 14a), 11, 16, 22 (Article 8(1), 23 (Article 9), 30;

| — | partly: 7 (recital 14), 12, 17, 24 — 29 (6). |
| --- | --- |

—

partly: 7 (recital 14), 12, 17, 24 — 29 (6).

Council rejected the following 10 amendments: 3, 9, 10, 13, 14, 15, 18, 19, 38, 21.

3.   Other changes introduced by the Council

Concerning the Commission proposal, the Council has introduced a number of changes which are reflected below.

| — | In line with the deletion of Articles 8, 9 and 10, the Council also deleted in the recitals the references to the Declaration of European interest (Recital 6, second sentence) and the European coordinator (recital 9). However, in order to retain certain elements contained in these Articles and recitals, Council inserted new recitals 9, 10, 12 and 13 in its common position. A new recital 5 on olefins was also added. |
| --- | --- |

—

In line with the deletion of Articles 8, 9 and 10, the Council also deleted in the recitals the references to the Declaration of European interest (Recital 6, second sentence) and the European coordinator (recital 9). However, in order to retain certain elements contained in these Articles and recitals, Council inserted new recitals 9, 10, 12 and 13 in its common position. A new recital 5 on olefins was also added.

| — | In Article 4(2)(b), a reference to ‘candidate countries’ was inserted; the reference to olefin gases was deleted (Article 4(3)(c) in the Commission proposal). |
| --- | --- |

—

In Article 4(2)(b), a reference to ‘candidate countries’ was inserted; the reference to olefin gases was deleted (Article 4(3)(c) in the Commission proposal).

| — | The reference to ‘priority projects’ was deleted in Article 5(a). |
| --- | --- |

—

The reference to ‘priority projects’ was deleted in Article 5(a).

| — | In Article 6(6), ‘after consulting’ [the Member States] was replaced with ’by agreement with’, and a reference to multilateral agreements was added. |
| --- | --- |

—

In Article 6(6), ‘after consulting’ [the Member States] was replaced with ’by agreement with’, and a reference to multilateral agreements was added.

| — | A reference to ‘responsible companies’ was added to Article 7(2). |
| --- | --- |

—

A reference to ‘responsible companies’ was added to Article 7(2).

| — | In Article 12 (Article 9 of the common position), it was specified that private financing or financing by economic operators shall be ‘the main source for financing’. |
| --- | --- |

—

In Article 12 (Article 9 of the common position), it was specified that private financing or financing by economic operators shall be ‘the main source for financing’.

| — | As regards the annexes, it is recalled that Annexes I and IV were merged, and that some additional changes and corrections to the projects were made with the agreement of the Commission; these changes are reflected in Parliament's amendments 24 to 30. |
| --- | --- |

—

As regards the annexes, it is recalled that Annexes I and IV were merged, and that some additional changes and corrections to the projects were made with the agreement of the Commission; these changes are reflected in Parliament's amendments 24 to 30.

IV.   CONCLUSION

Council supports the main aim of the Commission's proposal, which is to adapt the trans-European energy network guidelines to the consequences of the recent enlargement of the Union. It has accepted, in the framework of an informal trialogue, compromise solutions on various issues. In view of the importance which the adaptation of the trans-European energy network guidelines holds, for the Union as a whole and in particular for the new Member States, Council is in favour of a quick adoption of an easy-to-implement Decision.

---

(1)  Doc. 6218/04 ENER 49 RELEX 62 CODEC 198, not published in the Official Journal.

(2)  OJ C 241, 28.9.2004, p. 17.

(3)  Doc. 9835/05 CODEC 471 ENER 92 RELEX 295, not published in the Official Journal.

(4)  Decision No 1229/2003/EC of 26 June 2003 laying down a series of guidelines for trans-European energy networks and repealing Decision No 1254/96/EC (OJ L 176, 15.7.2003, p. 11).

(5)  It is recalled that the granting of Community financial aid in the field of trans-European networks is governed by Regulation (EC) No 2236/95 as amended by Regulation (EC) 807/2004 of 21 April 2004.

(6)

Note: in amendments 24 to 29 which concern the annexes, Council did not accept the references to ‘projects of European interest’ as well as the changes made to Annex I, Electricity networks, EL.7.

---

| 4.4.2006 | EN | Official Journal of the European Union | CE 80/27 |
| --- | --- | --- | --- |

4.4.2006

EN

Official Journal of the European Union

CE 80/27

---

COMMON POSITION (EC) No 2/2006

adopted by the Council on 8 December 2005

with a view to adopting Regulation (EC) No .../2006 of the European Parliament and of the Council of ... on the addition of vitamins and minerals and of certain other substances to foods

(2006/C 80 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | There is a wide range of nutrients and other ingredients that might be used in food manufacturing, including, but not limited to, vitamins, minerals including trace elements, amino acids, essential fatty acids, fibre, various plants and herbal extracts. Their addition to foods is regulated in Member States by differing national rules that impede the free movement of these products, create unequal conditions of competition and thus have a direct impact on the functioning of the internal market. It is therefore necessary to adopt Community rules harmonising national provisions relating to the addition of vitamins and minerals and of certain other substances to foods. |
| --- | --- |

(1)

There is a wide range of nutrients and other ingredients that might be used in food manufacturing, including, but not limited to, vitamins, minerals including trace elements, amino acids, essential fatty acids, fibre, various plants and herbal extracts. Their addition to foods is regulated in Member States by differing national rules that impede the free movement of these products, create unequal conditions of competition and thus have a direct impact on the functioning of the internal market. It is therefore necessary to adopt Community rules harmonising national provisions relating to the addition of vitamins and minerals and of certain other substances to foods.

| (2) | This Regulation aims to regulate the addition of vitamins and minerals to foods and the use of certain other substances or ingredients containing substances other than vitamins or minerals that are added to foods or used in the manufacture of foods under conditions that result in the ingestion of amounts greatly exceeding those reasonably expected to be ingested under normal conditions of consumption of a balanced and varied diet and/or would otherwise represent a potential risk to consumers. In the absence of specific Community rules regarding prohibition or restriction of use of substances or ingredients containing substances other than vitamins or minerals under this Regulation or under other specific Community provisions, relevant national rules may apply without prejudice to the provisions of the Treaty. |
| --- | --- |

(2)

This Regulation aims to regulate the addition of vitamins and minerals to foods and the use of certain other substances or ingredients containing substances other than vitamins or minerals that are added to foods or used in the manufacture of foods under conditions that result in the ingestion of amounts greatly exceeding those reasonably expected to be ingested under normal conditions of consumption of a balanced and varied diet and/or would otherwise represent a potential risk to consumers. In the absence of specific Community rules regarding prohibition or restriction of use of substances or ingredients containing substances other than vitamins or minerals under this Regulation or under other specific Community provisions, relevant national rules may apply without prejudice to the provisions of the Treaty.

| (3) | Some Member States require the mandatory addition of some vitamins and minerals to certain ordinary foods, for reasons dictated by public health considerations. These reasons may be pertinent at national or even regional level, but would not currently justify harmonisation of the mandatory addition of nutrients across the Community. However, if and when this became appropriate, such provisions could be adopted at Community level. Meanwhile, it would be useful for information on such national measures to be compiled. |
| --- | --- |

(3)

Some Member States require the mandatory addition of some vitamins and minerals to certain ordinary foods, for reasons dictated by public health considerations. These reasons may be pertinent at national or even regional level, but would not currently justify harmonisation of the mandatory addition of nutrients across the Community. However, if and when this became appropriate, such provisions could be adopted at Community level. Meanwhile, it would be useful for information on such national measures to be compiled.

| (4) | Vitamins and minerals may be added to foods voluntarily by food manufacturers or must be added as nutritional substances as provided for by specific Community legislation. They may also be added for technological purposes as additives, colourings, flavourings or other such uses including authorised oenological practices and processes provided for by relevant Community legislation. This Regulation should apply without prejudice to the specific Community rules concerning the addition to or use of vitamins and minerals to specific products or groups of products or their addition for purposes other than those covered by this Regulation. |
| --- | --- |

(4)

Vitamins and minerals may be added to foods voluntarily by food manufacturers or must be added as nutritional substances as provided for by specific Community legislation. They may also be added for technological purposes as additives, colourings, flavourings or other such uses including authorised oenological practices and processes provided for by relevant Community legislation. This Regulation should apply without prejudice to the specific Community rules concerning the addition to or use of vitamins and minerals to specific products or groups of products or their addition for purposes other than those covered by this Regulation.

| (5) | Given that detailed rules on food supplements containing vitamins and minerals have been adopted by Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (3), provisions of this Regulation regarding vitamins and minerals should not apply to food supplements. |
| --- | --- |

(5)

Given that detailed rules on food supplements containing vitamins and minerals have been adopted by Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (3), provisions of this Regulation regarding vitamins and minerals should not apply to food supplements.

| (6) | Vitamins and minerals are added to foods by manufacturers for a number of purposes including to restore their content where this has been reduced during manufacturing, storage or handling procedures or to provide a similar nutritional value to foods for which they are intended as alternatives. |
| --- | --- |

(6)

Vitamins and minerals are added to foods by manufacturers for a number of purposes including to restore their content where this has been reduced during manufacturing, storage or handling procedures or to provide a similar nutritional value to foods for which they are intended as alternatives.

| (7) | An adequate and varied diet can, under normal circumstances, provide all necessary nutrients for normal development and maintenance of a healthy life in quantities such as those established and recommended by generally acceptable scientific data. However, surveys show that this ideal situation is being achieved neither for all vitamins and minerals nor by all groups of the population across the Community. Foods to which vitamins and minerals have been added appear to make an appreciable contribution to the intake of these nutrients and as such may be considered to make a positive contribution to overall intakes. |
| --- | --- |

(7)

An adequate and varied diet can, under normal circumstances, provide all necessary nutrients for normal development and maintenance of a healthy life in quantities such as those established and recommended by generally acceptable scientific data. However, surveys show that this ideal situation is being achieved neither for all vitamins and minerals nor by all groups of the population across the Community. Foods to which vitamins and minerals have been added appear to make an appreciable contribution to the intake of these nutrients and as such may be considered to make a positive contribution to overall intakes.

| (8) | Some nutrient deficiencies, although not very frequent, can be demonstrated to exist at present in the Community. Changes in the socio-economic situation prevailing in the Community and the life styles of different groups of the population have led to different nutritional requirements and to changing dietary habits. This in turn has led to changes in the energy and nutrient requirements of various groups of the population and to intakes of certain vitamins and minerals for these groups that would be below those recommended in different Member States. In addition, progress in scientific knowledge indicates that intakes of some nutrients for maintaining optimal health and well-being could be higher than those currently recommended. |
| --- | --- |

(8)

Some nutrient deficiencies, although not very frequent, can be demonstrated to exist at present in the Community. Changes in the socio-economic situation prevailing in the Community and the life styles of different groups of the population have led to different nutritional requirements and to changing dietary habits. This in turn has led to changes in the energy and nutrient requirements of various groups of the population and to intakes of certain vitamins and minerals for these groups that would be below those recommended in different Member States. In addition, progress in scientific knowledge indicates that intakes of some nutrients for maintaining optimal health and well-being could be higher than those currently recommended.

| (9) | Only vitamins and minerals normally found in and consumed as part of the diet and considered essential nutrients should be allowed to be added to foods although this does not mean that their addition thereto is necessary. Controversy as to the identity of these essential nutrients that could potentially arise should be avoided. It is therefore appropriate to establish a positive list of these vitamins and minerals. |
| --- | --- |

(9)

Only vitamins and minerals normally found in and consumed as part of the diet and considered essential nutrients should be allowed to be added to foods although this does not mean that their addition thereto is necessary. Controversy as to the identity of these essential nutrients that could potentially arise should be avoided. It is therefore appropriate to establish a positive list of these vitamins and minerals.

| (10) | The chemical substances used as sources of vitamins and minerals which may be added to foods should be safe and also be bio-available i.e. available to be used by the body. For this reason a positive list of these substances should also be established. Such substances that have been approved by the Scientific Committee on Food in an opinion expressed on 12 May 1999, on the basis of the above criteria of safety and bio-availability, and can be used in the manufacture of foods intended for infants and young children, other foods for particular nutritional uses or food supplements should appear in this positive list. Although sodium chloride (common salt) does not appear among the substances in this list, it may continue to be used as an ingredient in the preparation of food. |
| --- | --- |

(10)

The chemical substances used as sources of vitamins and minerals which may be added to foods should be safe and also be bio-available i.e. available to be used by the body. For this reason a positive list of these substances should also be established. Such substances that have been approved by the Scientific Committee on Food in an opinion expressed on 12 May 1999, on the basis of the above criteria of safety and bio-availability, and can be used in the manufacture of foods intended for infants and young children, other foods for particular nutritional uses or food supplements should appear in this positive list. Although sodium chloride (common salt) does not appear among the substances in this list, it may continue to be used as an ingredient in the preparation of food.

| (11) | In order to keep up with scientific and technological developments, it is important to revise the above lists promptly, when necessary. Such revisions would be implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure. |
| --- | --- |

(11)

In order to keep up with scientific and technological developments, it is important to revise the above lists promptly, when necessary. Such revisions would be implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure.

| (12) | Foods to which vitamins and minerals are added are, in most cases, promoted by manufacturers and may be perceived by consumers as products having a nutritional, physiological or other health advantage over similar or other products without such nutrients added. This may induce consumer choices that may be otherwise undesirable. To counter this potential undesirable effect, it is considered appropriate to impose some restrictions on the products to which vitamins and minerals can be added, in addition to those that would result naturally from technological considerations or become necessary for safety reasons when maximum limits of vitamins and minerals in such products are set. The content in the product of certain substances, such as alcohol, would, in this context, be an appropriate criterion for not allowing vitamins and minerals to be added to it. Any derogation from banning the addition of vitamins and minerals to alcoholic beverages should be limited to protecting traditional wine recipes, with the relevant products being notified to the Commission. No claims about any nutritional or health benefits of the additions should be made. Moreover, in order to avoid any confusion for the consumer as to the natural nutritional value of fresh foods, the addition of vitamins and minerals thereto should not be allowed. |
| --- | --- |

(12)

Foods to which vitamins and minerals are added are, in most cases, promoted by manufacturers and may be perceived by consumers as products having a nutritional, physiological or other health advantage over similar or other products without such nutrients added. This may induce consumer choices that may be otherwise undesirable. To counter this potential undesirable effect, it is considered appropriate to impose some restrictions on the products to which vitamins and minerals can be added, in addition to those that would result naturally from technological considerations or become necessary for safety reasons when maximum limits of vitamins and minerals in such products are set. The content in the product of certain substances, such as alcohol, would, in this context, be an appropriate criterion for not allowing vitamins and minerals to be added to it. Any derogation from banning the addition of vitamins and minerals to alcoholic beverages should be limited to protecting traditional wine recipes, with the relevant products being notified to the Commission. No claims about any nutritional or health benefits of the additions should be made. Moreover, in order to avoid any confusion for the consumer as to the natural nutritional value of fresh foods, the addition of vitamins and minerals thereto should not be allowed.

| (13) | This Regulation is not intended to cover the use of vitamins and minerals in trace quantities as authenticity markers used with the objective of combating fraud. |
| --- | --- |

(13)

This Regulation is not intended to cover the use of vitamins and minerals in trace quantities as authenticity markers used with the objective of combating fraud.

| (14) | Excessive intakes of vitamins and minerals may result in adverse effects and it is therefore necessary to set maximum safe levels for them when they are added to foods, as the case may be. These levels must ensure that the normal use of the products, under the instructions for use provided by the manufacturer and in the context of a diversified diet, will be safe for the consumer. Therefore those levels should be total maximum safe levels for the vitamins and minerals present in the food naturally and/or added to the food for whatever purpose, including for technological uses. |
| --- | --- |

(14)

Excessive intakes of vitamins and minerals may result in adverse effects and it is therefore necessary to set maximum safe levels for them when they are added to foods, as the case may be. These levels must ensure that the normal use of the products, under the instructions for use provided by the manufacturer and in the context of a diversified diet, will be safe for the consumer. Therefore those levels should be total maximum safe levels for the vitamins and minerals present in the food naturally and/or added to the food for whatever purpose, including for technological uses.

| (15) | For that reason, those maximum levels and any other conditions restricting their addition to foods, where necessary, should be adopted taking into account their upper safe levels established by scientific risk assessment based on generally acceptable scientific data and their potential intake from other foods. Due account should also be taken of the population reference intakes of vitamins and minerals. Where it is necessary, for certain vitamins and minerals, to establish restrictions regarding the foods to which they can be added, priority should be given to the purposes of restoring their content where this has been reduced during manufacturing, storage or handling procedures and of providing a similar nutritional value to foods for which those foods are intended as alternatives. |
| --- | --- |

(15)

For that reason, those maximum levels and any other conditions restricting their addition to foods, where necessary, should be adopted taking into account their upper safe levels established by scientific risk assessment based on generally acceptable scientific data and their potential intake from other foods. Due account should also be taken of the population reference intakes of vitamins and minerals. Where it is necessary, for certain vitamins and minerals, to establish restrictions regarding the foods to which they can be added, priority should be given to the purposes of restoring their content where this has been reduced during manufacturing, storage or handling procedures and of providing a similar nutritional value to foods for which those foods are intended as alternatives.

| (16) | Vitamins and minerals added to foods should result in a minimum amount being present in the food. Otherwise the presence of too small and insignificant amounts in these fortified foods would not offer any benefit to consumers and would be misleading. The same principle underlies the requirement that these nutrients should be present in a significant amount in the food in order to be allowed to be declared in nutrition labelling. Therefore it would be appropriate that the minimum amounts of vitamins and minerals in foods to which vitamins and minerals have been added should be the same as those significant amounts that should be present for those nutrients to be declared in nutrition labelling unless otherwise provided for by appropriate derogations. |
| --- | --- |

(16)

Vitamins and minerals added to foods should result in a minimum amount being present in the food. Otherwise the presence of too small and insignificant amounts in these fortified foods would not offer any benefit to consumers and would be misleading. The same principle underlies the requirement that these nutrients should be present in a significant amount in the food in order to be allowed to be declared in nutrition labelling. Therefore it would be appropriate that the minimum amounts of vitamins and minerals in foods to which vitamins and minerals have been added should be the same as those significant amounts that should be present for those nutrients to be declared in nutrition labelling unless otherwise provided for by appropriate derogations.

| (17) | The adoption of maximum levels and any conditions of use based on the application of the principles and criteria stipulated in this Regulation and the adoption of minimum levels would be implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure. |
| --- | --- |

(17)

The adoption of maximum levels and any conditions of use based on the application of the principles and criteria stipulated in this Regulation and the adoption of minimum levels would be implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure.

| (18) | General labelling provisions and definitions are contained in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (4). This Regulation should therefore be confined to the necessary additional provisions. Those additional provisions should also apply without prejudice to Regulation (EC) No ../2006 of the European Parliament and of the Council of .... on nutrition and health claims made on foods (5). |
| --- | --- |

(18)

General labelling provisions and definitions are contained in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (4). This Regulation should therefore be confined to the necessary additional provisions. Those additional provisions should also apply without prejudice to Regulation (EC) No ../2006 of the European Parliament and of the Council of .... on nutrition and health claims made on foods (5).

| (19) | Given the nutritional importance of products to which vitamins and minerals have been added and their potential impact on dietary habits and overall nutrient intakes, the consumer should be able to evaluate the global nutritional quality of those products. Therefore, by derogation from Article 2 of Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (6), nutrition labelling should be compulsory. |
| --- | --- |

(19)

Given the nutritional importance of products to which vitamins and minerals have been added and their potential impact on dietary habits and overall nutrient intakes, the consumer should be able to evaluate the global nutritional quality of those products. Therefore, by derogation from Article 2 of Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (6), nutrition labelling should be compulsory.

| (20) | A normal and varied diet contains many ingredients, which in turn contain many substances. The intake of these substances or ingredients resulting from their normal and traditional use in current diets would not cause concern and does not need to be regulated. Some substances other than vitamins and minerals or ingredients containing them are added to foods as extracts or concentrates and may result in intakes that are significantly higher than those that could be ingested through eating an adequate and varied diet. The safety of such practices is in some cases seriously contested and the benefits are unclear; therefore they should be regulated. It is appropriate, in such cases, that food operators, responsible for the safety of the foods they place on the market, assume the burden of proof in relation to their safety. |
| --- | --- |

(20)

A normal and varied diet contains many ingredients, which in turn contain many substances. The intake of these substances or ingredients resulting from their normal and traditional use in current diets would not cause concern and does not need to be regulated. Some substances other than vitamins and minerals or ingredients containing them are added to foods as extracts or concentrates and may result in intakes that are significantly higher than those that could be ingested through eating an adequate and varied diet. The safety of such practices is in some cases seriously contested and the benefits are unclear; therefore they should be regulated. It is appropriate, in such cases, that food operators, responsible for the safety of the foods they place on the market, assume the burden of proof in relation to their safety.

| (21) | Given the particular nature of foods to which vitamins and minerals are added, means additional to those usually available to monitoring bodies should be available in order to facilitate efficient monitoring of those products. |
| --- | --- |

(21)

Given the particular nature of foods to which vitamins and minerals are added, means additional to those usually available to monitoring bodies should be available in order to facilitate efficient monitoring of those products.

| (22) | Since the objective of this Regulation, namely to ensure the effective functioning of the internal market as regards the addition of vitamins and minerals and certain other substances to foods whilst providing a high level of consumer protection, cannot be sufficiently achieved by the Member States, and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(22)

Since the objective of this Regulation, namely to ensure the effective functioning of the internal market as regards the addition of vitamins and minerals and certain other substances to foods whilst providing a high level of consumer protection, cannot be sufficiently achieved by the Member States, and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (23) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7), |
| --- | --- |

(23)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7),

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.   This Regulation harmonises the provisions laid down by law, regulation or administrative action in Member States which relate to the addition of vitamins and minerals and of certain other substances to foods, with the purpose of ensuring the effective functioning of the internal market, whilst providing a high level of consumer protection.

2.   The provisions of this Regulation regarding vitamins and minerals shall not apply to food supplements covered by Directive 2002/46/EC.

3.   This Regulation shall apply without prejudice to specific provisions laid down in Community legislation concerning:

| (a) | foods for particular nutritional uses and, in the absence of specific provisions, compositional requirements of such products rendered necessary by the particular nutritional requirements of the persons for whom they are intended; |
| --- | --- |

(a)

foods for particular nutritional uses and, in the absence of specific provisions, compositional requirements of such products rendered necessary by the particular nutritional requirements of the persons for whom they are intended;

| (b) | novel foods and novel food ingredients; |
| --- | --- |

(b)

novel foods and novel food ingredients;

| (c) | genetically modified food; |
| --- | --- |

(c)

genetically modified food;

| (d) | food additives and flavourings; |
| --- | --- |

(d)

food additives and flavourings;

| (e) | authorised oenological practices and processes. |
| --- | --- |

(e)

authorised oenological practices and processes.

Article 2

Definitions

For the purposes of this Regulation, ’Authority’ means the European Food Safety Authority established by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (8).

CHAPTER II

ADDITION OF VITAMINS AND MINERALS

Article 3

Requirements for the addition of vitamins and minerals

1.   Only vitamins and/or minerals listed in Annex I, in the forms listed in Annex II, may be added to foods, subject to the rules laid down in this Regulation.

2.   Vitamins and minerals may be added to foods, whether or not they are usually contained therein, in order to take into account:

| (a) | a deficiency of one or more vitamins and/or minerals in the population or specific population groups that can be demonstrated by clinical or sub-clinical evidence of deficiency or indicated by estimated low levels of intake of nutrients; or |
| --- | --- |

(a)

a deficiency of one or more vitamins and/or minerals in the population or specific population groups that can be demonstrated by clinical or sub-clinical evidence of deficiency or indicated by estimated low levels of intake of nutrients; or

| (b) | the potential to improve the nutritional status of the population or specific population groups and/or correct possible deficiencies in dietary intakes of vitamins or minerals due to changes in dietary habits; or |
| --- | --- |

(b)

the potential to improve the nutritional status of the population or specific population groups and/or correct possible deficiencies in dietary intakes of vitamins or minerals due to changes in dietary habits; or

| (c) | evolving generally acceptable scientific knowledge on the role of vitamins and minerals in nutrition and consequent effects on health. |
| --- | --- |

(c)

evolving generally acceptable scientific knowledge on the role of vitamins and minerals in nutrition and consequent effects on health.

3.   Modifications to the lists referred to in paragraph 1 of this Article shall be adopted in accordance with the procedure referred to in Article 14(2), taking account of the opinion of the Authority.

Article 4

Restrictions on the addition of vitamins and minerals

Vitamins and minerals may not be added to:

| (a) | unprocessed foodstuffs, including, but not limited to, fruit, vegetables, meat, poultry and fish; |
| --- | --- |

(a)

unprocessed foodstuffs, including, but not limited to, fruit, vegetables, meat, poultry and fish;

| (b) | beverages containing more than 1,2 % by volume of alcohol, except and by way of derogation from Article 3(2), to products:






  (i) | referred to in Article 44(6) and (13) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (9); |
| --- | --- | --- |

(b)

beverages containing more than 1,2 % by volume of alcohol, except and by way of derogation from Article 3(2), to products:

(i)

referred to in Article 44(6) and (13) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (9);

| (ii) | which were marketed prior to the adoption of this Regulation; and |
| --- | --- |

(ii)

which were marketed prior to the adoption of this Regulation; and

| (iii) | which have been notified to the Commission by a Member State in accordance with Article 11, |
| --- | --- |

(iii)

which have been notified to the Commission by a Member State in accordance with Article 11,

and provided that no nutrition or health claim is made.

Additional foods or categories of foods to which vitamins and minerals may not be added may be determined in accordance with the procedure referred to in Article 14(2) in the light of scientific evidence and taking into account their nutritional value.

Article 5

Purity criteria

1.   The purity criteria for vitamin formulations and mineral substances listed in Annex II shall be adopted in accordance with the procedure referred to in Article 14(2), except where they apply pursuant to paragraph 2 of this Article.

2.   Purity criteria for vitamin formulations and mineral substances listed in Annex II, specified by Community legislation for their use in the manufacture of foodstuffs for purposes other than those covered by this Regulation, shall apply.

3.   For those vitamin formulations and mineral substances listed in Annex II for which purity criteria are not specified by Community legislation, and until such specifications are adopted, generally acceptable purity criteria recommended by international bodies shall be applicable and national rules setting stricter purity criteria may be maintained.

Article 6

Conditions for the addition of vitamins and minerals

1.   When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts that shall be set in accordance with the procedure referred to in Article 14(2). For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer's instructions.

2.   Any conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods shall be adopted in accordance with the procedure referred to in Article 14(2).

3.   The maximum amounts referred to in paragraph 1 and the conditions referred to in paragraph 2 shall be set taking the following into account:

| (a) | upper safe levels of vitamins and minerals established by scientific risk assessment based on generally acceptable scientific data, taking into account, as appropriate, the varying degrees of sensitivity of different groups of consumers; |
| --- | --- |

(a)

upper safe levels of vitamins and minerals established by scientific risk assessment based on generally acceptable scientific data, taking into account, as appropriate, the varying degrees of sensitivity of different groups of consumers;

| (b) | intakes of vitamins and minerals from other dietary sources. |
| --- | --- |

(b)

intakes of vitamins and minerals from other dietary sources.

4.   When the maximum amounts referred to in paragraph 1 and the conditions referred to in paragraph 2 are set, due account shall also be taken of reference intakes of vitamins and minerals for the population.

5.   When the maximum amounts referred to in paragraph 1 and the conditions referred to in paragraph 2 are set for vitamins and minerals whose reference intakes for the population are close to the upper safe levels, the following shall also be taken into account, as necessary:

| (a) | the contribution of individual products to the overall diet of the population in general or of subgroups of the population; |
| --- | --- |

(a)

the contribution of individual products to the overall diet of the population in general or of subgroups of the population;

| (b) | the nutrient profile of the product established as provided for by Regulation (EC) No .../2006 (10). |
| --- | --- |

(b)

the nutrient profile of the product established as provided for by Regulation (EC) No .../2006 (10).

6.   The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to the Annex to Directive 90/496/EEC. The minimum amounts, including any lower amounts, by derogation from the significant amounts mentioned above, for specific foods or categories of foods shall be adopted in accordance with the procedure referred to in Article 14(2).

Article 7

Labelling, presentation and advertising

1.   The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. Where appropriate a derogation concerning a specific nutrient may be adopted in accordance with the procedure referred to in Article 14(2).

2.   The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not mislead or deceive the consumer as to the nutritional merit of a food that may result from the addition of these nutrients.

3.   Nutrition labelling of products to which vitamins and minerals have been added and which are covered by this Regulation shall be compulsory. The information to be provided shall consist of that specified in Article 4(1), Group 2 of Directive 90/496/EEC and of the total amounts present of the vitamins and minerals when added to the food.

4.   The labelling of products to which vitamins and minerals have been added may bear a statement indicating such addition under the conditions laid down in Regulation (EC) No .../2006 (10).

5.   This Article shall apply without prejudice to other provisions of food law applicable to specified categories of foods.

6.   Rules for implementing this Article may be specified in accordance with the procedure referred to in Article 14(2).

CHAPTER III

ADDITION OF CERTAIN OTHER SUBSTANCES

Article 8

Substances prohibited, restricted or under Community scrutiny

1.   The procedure provided for in this Article shall be followed where a substance other than vitamins or minerals, or an ingredient containing a substance other than vitamins or minerals, is added to foods or used in the manufacture of foods under conditions that would result in the ingestion of amounts of this substance greatly exceeding those reasonably expected to be ingested under normal conditions of consumption of a balanced and varied diet and/or would otherwise represent a potential risk to consumers.

2.   On its own initiative or on the basis of information provided by Member States, the Commission may take a decision, following in each case an assessment of available information by the Authority and in accordance with the procedure referred to in Article 14(2), to include, if necessary, the substance or ingredient in Annex III. In particular:

| (a) | if a harmful effect on health has been identified, the substance and/or the ingredient containing the substance shall:






  (i) | be placed in Annex III, part A, and its addition to foods or its use in the manufacture of foods shall be prohibited; or |
| --- | --- | --- |

(a)

if a harmful effect on health has been identified, the substance and/or the ingredient containing the substance shall:

(i)

be placed in Annex III, part A, and its addition to foods or its use in the manufacture of foods shall be prohibited; or

| (ii) | be placed in Annex III, part B, and its addition to foods or its use in the manufacture of foods shall only be allowed under the conditions specified therein; |
| --- | --- |

(ii)

be placed in Annex III, part B, and its addition to foods or its use in the manufacture of foods shall only be allowed under the conditions specified therein;

| (b) | if the possibility of harmful effects on health is identified but scientific uncertainty persists, the substance shall be placed in Annex III, part C. |
| --- | --- |

(b)

if the possibility of harmful effects on health is identified but scientific uncertainty persists, the substance shall be placed in Annex III, part C.

3.   Community provisions applicable to specified foods may provide for restrictions or prohibitions on the use of certain substances in addition to those laid down in this Regulation.

4.   Food business operators, or any other interested parties may, at any time, submit for evaluation to the Authority a file containing the scientific data demonstrating the safety of a substance listed in Annex III, part C, under the conditions of its use in a food or in a category of foods and explaining the purpose of that use. The Authority shall inform without delay the Member States and the Commission of the submission and shall make the file available to them.

5.   Within four years from the date a substance has been listed in Annex III, part C, a decision shall be taken, in accordance with the procedure referred to in Article 14(2) and taking into account the opinion of the Authority on any files submitted for evaluation as mentioned in paragraph 4 of this Article, to generally allow the use of a substance listed in Annex III, part C, or to list it in Annex III, part A or B, as appropriate.

6.   The Commission shall establish, in accordance with the procedure referred to in Article 14(2), implementing rules for the application of this Article, including rules concerning the submission referred to in paragraph 4 of this Article.

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 9

Community Register

1.   The Commission shall establish and maintain a Community Register on the addition of vitamins and minerals and of certain other substances to foods, hereinafter referred to as ’the Register’.

2.   The Register shall include the following:

| (a) | the vitamins and minerals which may be added to foods as listed in Annex I; |
| --- | --- |

(a)

the vitamins and minerals which may be added to foods as listed in Annex I;

| (b) | the vitamin formulations and mineral substances which may be added to foods as listed in Annex II; |
| --- | --- |

(b)

the vitamin formulations and mineral substances which may be added to foods as listed in Annex II;

| (c) | the maximum and minimum amounts of vitamins and minerals which may be added to foods and any associated conditions set in accordance with Article 6; |
| --- | --- |

(c)

the maximum and minimum amounts of vitamins and minerals which may be added to foods and any associated conditions set in accordance with Article 6;

| (d) | the information regarding national provisions on the mandatory addition of vitamins and minerals referred to in Article 11; |
| --- | --- |

(d)

the information regarding national provisions on the mandatory addition of vitamins and minerals referred to in Article 11;

| (e) | any restrictions on the addition of vitamins and minerals as set out in Article 4; |
| --- | --- |

(e)

any restrictions on the addition of vitamins and minerals as set out in Article 4;

| (f) | the substances for which dossiers have been submitted as provided for in Article 17(1)(b); |
| --- | --- |

(f)

the substances for which dossiers have been submitted as provided for in Article 17(1)(b);

| (g) | information about the substances referred to in Annex III and the reasons for their inclusion therein. |
| --- | --- |

(g)

information about the substances referred to in Annex III and the reasons for their inclusion therein.

3.   The Register shall be made available to the public.

Article 10

Free movement of goods

Without prejudice to the Treaty, in particular Articles 28 and 30 thereof, Member States may not restrict or forbid trade in foods which comply with this Regulation and Community acts adopted for its implementation by the application of non-harmonised national provisions governing the addition of vitamins and minerals to foods.

Article 11

National provisions

1.   By ... (11), Member States shall inform the Commission of existing national provisions on the mandatory addition of vitamins and minerals and of products covered by the derogation provided for in Article 4(b).

2.   If a Member State, in the absence of Community provisions, considers it necessary to adopt new legislation:

| (a) | on the mandatory addition of vitamins and minerals to specified foods or categories of foods; or |
| --- | --- |

(a)

on the mandatory addition of vitamins and minerals to specified foods or categories of foods; or

| (b) | on the prohibition or restriction on the use of certain other substances in the manufacture of specified foods, |
| --- | --- |

(b)

on the prohibition or restriction on the use of certain other substances in the manufacture of specified foods,

it shall notify the Commission in accordance with the procedure laid down in Article 12.

Article 12

Notification procedure

1.   If a Member State considers it necessary to adopt new legislation, it shall notify the Commission and the other Member States of the envisaged measures and give the reasons justifying them.

2.   The Commission shall consult the Committee referred to in Article 14, if it considers such consultation to be useful or if a Member State so requests, and shall give an opinion on the envisaged measures.

3.   The Member State concerned may take the envisaged measures only six months after the notification referred to in paragraph 1, and provided that the Commission's opinion is not negative.

If the Commission's opinion is negative, it shall determine, in accordance with the procedure referred to in Article 14(2) and before the expiry of the period referred to in the first subparagraph of this paragraph, whether the envisaged measures may be implemented. The Commission may require certain amendments to be made to the envisaged measures.

Article 13

Safeguard measures

1.   Where a Member State has serious grounds for considering that a product endangers human health despite complying with this Regulation, that Member State may temporarily suspend or restrict application of the provisions in question within its territory.

It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision.

2.   In accordance with the procedure referred to in Article 14(2), a decision shall be taken, where appropriate after obtaining an opinion from the Authority.

The Commission may initiate this procedure on its own initiative.

3.   The Member State referred to in paragraph 1 may maintain the suspension or restriction until the decision referred to in paragraph 2 has been notified to it.

Article 14

Committee procedure

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58(1) of Regulation (EC) No 178/2002, hereinafter referred to as the ’Committee’.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its Rules of Procedure.

Article 15

Monitoring

To facilitate efficient monitoring of foods to which vitamins and minerals have been added, and of foods containing substances listed in Annex III, parts B and C, Member States may require the manufacturer or the person placing such foods on the market in their territory to notify the competent authority of that placing on the market by providing a model of the label used for the product. In such cases, information on the withdrawal of the product from the market may also be required.

Article 16

Evaluation

By ... (12), the Commission shall submit to the European Parliament and the Council a report on the effects of implementing this Regulation, in particular concerning the evolution of the market in foods to which vitamins and minerals have been added, their consumption, nutrient intakes for the population and changes in dietary habits, the addition of certain other substances, accompanied by any proposals for amendment to this Regulation which the Commission deems necessary. In this context Member States shall provide the necessary relevant information to the Commission by ... (13). Rules for implementing this Article shall be specified in accordance with the procedure referred to in Article 14(2).

Article 17

Transitional measures

1.   By way of derogation from Article 3(1) and until ... (14), Member States may allow in their territory the use of vitamins and minerals not listed in Annex I, or in forms not listed in Annex II, provided that:

| (a) | the substance in question is used for addition to foods marketed in the Community on ... (15); and |
| --- | --- |

(a)

the substance in question is used for addition to foods marketed in the Community on ... (15); and

| (b) | the Authority has not given an unfavourable opinion in respect of the use of that substance, or its use in that form, in the manufacture of food, on the basis of a dossier supporting use of the substance in question to be submitted to the Commission by the Member State not later than ... (16). |
| --- | --- |

(b)

the Authority has not given an unfavourable opinion in respect of the use of that substance, or its use in that form, in the manufacture of food, on the basis of a dossier supporting use of the substance in question to be submitted to the Commission by the Member State not later than ... (16).

2.   Until ... (14), Member States may, in compliance with the rules of the Treaty, continue to apply existing national restrictions or bans on trade in foods to which vitamins and minerals not included in the list in Annex I or in the forms not listed in Annex II are added.

3.   Member States may, in compliance with the rules of the Treaty, continue to apply existing national provisions on maximum and minimum amounts of vitamins and minerals listed in Annex I added to foods and on the conditions applicable to this addition until the adoption of corresponding Community measures in accordance with Article 6 or under other specific Community provisions.

Article 18

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from ... (17).

Foods placed on the market or labelled prior to ... (17) which do not comply with this Regulation may be marketed until ... (18).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at..., ....

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 112, 30.4.2004, p. 44.

1

(2)  Opinion of the European Parliament of 26 May 2005, Council Common Position of 8 December 2005 and position of the European Parliament of ..... (not yet published in the Official Journal).

2

(3)  OJ L 183, 12.7.2002, p. 51.

3

(4)  OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

4

(5)  Common position (EC) No 3/2006 (page ... of this Official Journal).

5

(6)  OJ L 276, 6.10.1990, p. 40. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

6

(7)  OJ L 184, 17.7.1999, p. 23.

7

(8)  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

8

(9)  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

9

(10)  Regulation on nutrition and health claims from recital 18.

10

(11)  Six months from the entry into force of this Regulation.

11

(12)  The first day of the sixth months following the date of entry into force of this Regulation + six years.

12

(13)  The first day of the sixth months following the date of entry into force of this Regulation + five years.

13

(14)  Seven years from the date of entry into force of this Regulation.

14

(15)  The date of entry into force of this Regulation.

15

(16)  Three years from the date of entry into force of this Regulation.

16

(17)  The first day of the sixth months following the date of entry into force of this Regulation.

17

(18)  The last day of the 29th month following the date of entry into force of this Regulation.

18

---

ANNEX I

VITAMINS AND MINERALS WHICH MAY BE ADDED TO FOODS

1.   Vitamins

Vitamin A

Vitamin D

Vitamin E

Vitamin K

Vitamin B1

Vitamin B2

Niacin

Pantothenic acid

Vitamin B6

Folic acid

Vitamin B12

Biotin

Vitamin C

2.   Minerals

Calcium

Magnesium

Iron

Copper

Iodine

Zinc

Manganese

Sodium

Potassium

Selenium

Chromium

Molybdenum

Fluoride

Chloride

Phosphorus

---

ANNEX II

VITAMIN FORMULATIONS AND MINERAL SUBSTANCES WHICH MAY BE ADDED TO FOODS

1.   Vitamin formulations

VITAMIN A

retinol

retinyl acetate

retinyl palmitate

beta-carotene

VITAMIN D

cholecalciferol

ergocalciferol

VITAMIN E

D-alpha-tocopherol

DL-alpha-tocopherol

D-alpha-tocopheryl acetate

DL-alpha-tocopheryl acetate

D-alpha-tocopheryl acid succinate

VITAMIN K

phylloquinone (phytomenadione)

VITAMIN B1

thiamin hydrochloride

thiamin mononitrate

VITAMIN B2

riboflavin

riboflavin 5'-phosphate, sodium

NIACIN

nicotinic acid

nicotinamide

PANTOTHENIC ACID

D-pantothenate, calcium

D-pantothenate, sodium

dexpanthenol

VITAMIN B6

pyridoxine hydrochloride

pyridoxine 5'-phosphate

pyridoxine dipalmitate

FOLIC ACID

pteroylmonoglutamic acid

VITAMIN B12

cyanocobalamin

hydroxocobalamin

BIOTIN

D-biotin

VITAMIN C

L-ascorbic acid

sodium-L-ascorbate

calcium-L-ascorbate

potassium-L-ascorbate

L-ascorbyl 6-palmitate

2.   Mineral substances

calcium carbonate

calcium chloride

calcium salts of citric acid

calcium gluconate

calcium glycerophosphate

calcium lactate

calcium salts of orthophosphoric acid

calcium hydroxide

calcium oxide

calcium sulphate

magnesium acetate

magnesium carbonate

magnesium chloride

magnesium salts of citric acid

magnesium gluconate

magnesium glycerophosphate

magnesium salts of orthophosphoric acid

magnesium lactate

magnesium hydroxide

magnesium oxide

magnesium sulphate

ferrous carbonate

ferrous citrate

ferric ammonium citrate

ferrous gluconate

ferrous fumarate

ferric sodium diphosphate

ferrous lactate

ferrous sulphate

ferric diphosphate (ferric pyrophosphate)

ferric saccharate

elemental iron (carbonyl + electrolytic + hydrogen reduced)

cupric carbonate

cupric citrate

cupric gluconate

cupric sulphate

copper lysine complex

sodium iodide

sodium iodate

potassium iodide

potassium iodate

zinc acetate

zinc chloride

zinc citrate

zinc gluconate

zinc lactate

zinc oxide

zinc carbonate

zinc sulphate

manganese carbonate

manganese chloride

manganese citrate

manganese gluconate

manganese glycerophosphate

manganese sulphate

sodium bicarbonate

sodium carbonate

sodium citrate

sodium gluconate

sodium lactate

sodium hydroxide

sodium salts of orthophosphoric acid

sodium selenate

sodium hydrogen selenite

sodium selenite

sodium fluoride

potassium fluoride

potassium bicarbonate

potassium carbonate

potassium chloride

potassium citrate

potassium gluconate

potassium glycerophosphate

potassium lactate

potassium hydroxide

potassium salts of orthophosphoric acid

chromium (III) chloride and its hexahydrate

chromium (III) sulphate and its hexahydrate

ammonium molybdate (molybdenum (VI))

sodium molybdate (molybdenum (VI))

---

ANNEX III

SUBSTANCES WHOSE USE IN FOODS IS PROHIBITED, RESTRICTED OR UNDER COMMUNITY SCRUTINY

Part A — Prohibited substances

Part B — Restricted substances

Part C — Substances under Community scrutiny

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

| 1. | The Commission forwarded to Council on 14 November 2003 a proposal for a Regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foodstuffs. The proposal is based on Article 95 of the Treaty. |
| --- | --- |

1.

The Commission forwarded to Council on 14 November 2003 a proposal for a Regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foodstuffs. The proposal is based on Article 95 of the Treaty.

| 2. | The European Parliament has adopted its opinion at first reading on 26 May 2005 (1).
  The European Economic and Social Committee gave its opinion on 31 March 2004 (2). |
| --- | --- |

2.

The European Parliament has adopted its opinion at first reading on 26 May 2005 (1).

The European Economic and Social Committee gave its opinion on 31 March 2004 (2).

| 3. | On 8 December 2005, the Council adopted its Common Position in accordance with Article 251 of the Treaty. |
| --- | --- |

3.

On 8 December 2005, the Council adopted its Common Position in accordance with Article 251 of the Treaty.

II.   OBJECTIVE

The objective of the proposed Regulation is to harmonise the rules concerning the addition of vitamins and minerals to foodstuffs. This is with a view to facilitating the free circulation of these products within the Community as the existing relevant national rules on such addition vary widely and often result in obstacles to intra-community trade.

Such harmonisation will also ensure a high level of consumer protection across the Community and guarantee that products concerned do not present any risk for public health.

The proposed Regulation:

| — | lists the vitamins and the minerals which may be added to food (Annex I) and the forms in which they may be added (Annex II), |
| --- | --- |

—

lists the vitamins and the minerals which may be added to food (Annex I) and the forms in which they may be added (Annex II),

| — | provides for certain restrictions regarding the foods to which vitamins and minerals may be added, sets criteria for the establishment of maximum levels and provides for the setting of minimum levels of vitamins and minerals to be found in the final product, |
| --- | --- |

—

provides for certain restrictions regarding the foods to which vitamins and minerals may be added, sets criteria for the establishment of maximum levels and provides for the setting of minimum levels of vitamins and minerals to be found in the final product,

| — | sets out the rules on labelling, presentation and advertising of the products concerned, |
| --- | --- |

—

sets out the rules on labelling, presentation and advertising of the products concerned,

| — | provides the basis for scrutinising and, where necessary, prohibiting the addition to foods of certain substances other than vitamins and minerals. |
| --- | --- |

—

provides the basis for scrutinising and, where necessary, prohibiting the addition to foods of certain substances other than vitamins and minerals.

| — | permits national measures on the mandatory addition of vitamins and minerals to foods provided the opinion of the Commission on these measures is not negative. |
| --- | --- |

—

permits national measures on the mandatory addition of vitamins and minerals to foods provided the opinion of the Commission on these measures is not negative.

III.   ANALYSIS OF THE COMMON POSITION

1.   General remarks

The Council's common position conforms to the objectives of the Commission proposal while introducing a limited number of modifications. These include:

| — | removing the definitions in Article 2 on the purposes of the addition of vitamins and minerals to food in favour of explaining the circumstances in which vitamins and minerals may be added to food in Article 3 (Requirements), |
| --- | --- |

—

removing the definitions in Article 2 on the purposes of the addition of vitamins and minerals to food in favour of explaining the circumstances in which vitamins and minerals may be added to food in Article 3 (Requirements),

| — | a more precise description of derogations applicable to Article 4 (outlining the cases where the addition of vitamins and minerals may not take place) in relation to alcoholic beverages, |
| --- | --- |

—

a more precise description of derogations applicable to Article 4 (outlining the cases where the addition of vitamins and minerals may not take place) in relation to alcoholic beverages,

| — | streamlining the provisions applicable to substances other than vitamins and minerals (merging Articles 10 and 11 of the original proposal), |
| --- | --- |

—

streamlining the provisions applicable to substances other than vitamins and minerals (merging Articles 10 and 11 of the original proposal),

| — | clarifying the procedures for notification of existing and new national provisions (new Article 11 and deletion of Article 9 of the original text). |
| --- | --- |

—

clarifying the procedures for notification of existing and new national provisions (new Article 11 and deletion of Article 9 of the original text).

The Commission has accepted the common position agreed by the Council.

2.   European Parliament amendments

In its Plenary vote on 26 May 2005, the European Parliament adopted 46 amendments to the proposal (Amendment 8 is linguistic and does not affect the English version).

The Council:

| (a) | introduced in the common position 20 amendments in full, in part or in principle, as follows:
  recitals

  Amendment 1 (to recital 10) and Amendment 2 (on recital 12): have been taken up in part, with the deletion of the last sentence of recital 8 and a modification in recital 10.

  Amendment 4 (to recital 20a): taken up in principle and in part in recital 2 (second sentence) and in Article 11( 2).

  Amendment 5 (to recital 20b): taken in principle via a rewording of Article 6(6).
  Articles

  Amendment 13 (to Article 3(3)): taken up in part, as regards the opinion of the Authority, while the original reference to implementing rules has been deleted (given that there is no longer a reference to restoration, nutritional equivalence and substitute foods in Articles 2 and 3).

  Amendment 16 (to Article 4(1) (new)): maintained in substance in Article 17(1)(b) and Article 9(2)(d).

  Amendment 17 (to Article 4(2)): introduced in part in Article 17(2).

  Amendments 49/rev and 54/rev (to Article 5(1)(b)): fully taken up in Article 4.

  Amendment 25 (to Article 7(5)): taken up in part (as regards the suggested deletion) in Article 6(6). In this context, the Council also notes that the Commission has the intention to revise and update the reference values included in the Annex to Directive 90/496/EEC on nutrition labelling of foodstuffs.

  Amendment 31 (to Article 9(2)(2)): the purpose of the Amendment is taken up in Article 9(2)(d) (see also Article 11).

  Amendment 34 (to Article 10), Amendment 55 (on Article 10a (new)) and Amendment 35 (to Article 11): have been taken up in Article 8. The suggested new Article 10a(3) can be found in Article 11(2)(b).

  Amendment 38 (to Article 12(2)(fa) and (fb) (new)): the intent of the amendment was partly taken into consideration in Article 9(2)(d)).

  Amendment 39 (to Article 13): the concern underlying the Amendment was partly taken up in Article 11(2)(b) (as regards the introduction of new provisions).

  Amendment 41 (to Article 16(1)): the principle is taken into account in Article 3(3), while the Council does not consider that the Authority should be involved automatically whenever the Committee procedure is invoked.

  Amendment 44 (to Annex I) Amendment 45 (to Annex II) and Amendment 46 (to Annex II) are fully integrated in the Annexes (with a rewording for Amendment 45 and a change of placement for Amendment 46); |
| --- | --- |

(a)

introduced in the common position 20 amendments in full, in part or in principle, as follows:

recitals

Amendment 1 (to recital 10) and Amendment 2 (on recital 12): have been taken up in part, with the deletion of the last sentence of recital 8 and a modification in recital 10.

Amendment 4 (to recital 20a): taken up in principle and in part in recital 2 (second sentence) and in Article 11( 2).

Amendment 5 (to recital 20b): taken in principle via a rewording of Article 6(6).

Articles

Amendment 13 (to Article 3(3)): taken up in part, as regards the opinion of the Authority, while the original reference to implementing rules has been deleted (given that there is no longer a reference to restoration, nutritional equivalence and substitute foods in Articles 2 and 3).

Amendment 16 (to Article 4(1) (new)): maintained in substance in Article 17(1)(b) and Article 9(2)(d).

Amendment 17 (to Article 4(2)): introduced in part in Article 17(2).

Amendments 49/rev and 54/rev (to Article 5(1)(b)): fully taken up in Article 4.

Amendment 25 (to Article 7(5)): taken up in part (as regards the suggested deletion) in Article 6(6). In this context, the Council also notes that the Commission has the intention to revise and update the reference values included in the Annex to Directive 90/496/EEC on nutrition labelling of foodstuffs.

Amendment 31 (to Article 9(2)(2)): the purpose of the Amendment is taken up in Article 9(2)(d) (see also Article 11).

Amendment 34 (to Article 10), Amendment 55 (on Article 10a (new)) and Amendment 35 (to Article 11): have been taken up in Article 8. The suggested new Article 10a(3) can be found in Article 11(2)(b).

Amendment 38 (to Article 12(2)(fa) and (fb) (new)): the intent of the amendment was partly taken into consideration in Article 9(2)(d)).

Amendment 39 (to Article 13): the concern underlying the Amendment was partly taken up in Article 11(2)(b) (as regards the introduction of new provisions).

Amendment 41 (to Article 16(1)): the principle is taken into account in Article 3(3), while the Council does not consider that the Authority should be involved automatically whenever the Committee procedure is invoked.

Amendment 44 (to Annex I) Amendment 45 (to Annex II) and Amendment 46 (to Annex II) are fully integrated in the Annexes (with a rewording for Amendment 45 and a change of placement for Amendment 46);

| (b) | did not include 26 amendments in the common position.
  With respect to Amendments 3, 6, 9, 10, 14, 15, 19, 20, 21, 23, 24, 26, 27, 29, 30, 32, 36, 37,40 and 43, the Council followed the position expressed by the Commission. |
| --- | --- |

(b)

did not include 26 amendments in the common position.

With respect to Amendments 3, 6, 9, 10, 14, 15, 19, 20, 21, 23, 24, 26, 27, 29, 30, 32, 36, 37,40 and 43, the Council followed the position expressed by the Commission.

As regards Amendments 21, 26 and 30, however, the Council notes the intention of the Commission to:

| — | consider, in the framework of its reflection on the revision of Directive 90/496/EEC on nutrition labelling of foodstuffs, the following elements in relation to vitamins and minerals:






  — | revising/updating reference values included in the Annex to Directive 90/496/EEC and the levels that may be considered as significant amounts, |
| --- | --- | --- |

—

consider, in the framework of its reflection on the revision of Directive 90/496/EEC on nutrition labelling of foodstuffs, the following elements in relation to vitamins and minerals:

—

revising/updating reference values included in the Annex to Directive 90/496/EEC and the levels that may be considered as significant amounts,

| — | establishing tolerance levels for acceptable variation from the declared value of added vitamins and minerals on the nutrition label, |
| --- | --- |

—

establishing tolerance levels for acceptable variation from the declared value of added vitamins and minerals on the nutrition label,

| — | reflect any modification to the compulsory elements of nutritional labelling that may be adapted in the future revision of nutrition labelling Directive, in Article 7(3) of the Regulation on the addition of vitamins and minerals and of certain other substances to foods, |
| --- | --- |

—

reflect any modification to the compulsory elements of nutritional labelling that may be adapted in the future revision of nutrition labelling Directive, in Article 7(3) of the Regulation on the addition of vitamins and minerals and of certain other substances to foods,

| — | present as soon as possible and in any case within two years following the adoption of the Regulation a proposal for the establishment of maximum/ minimum amounts of vitamins and minerals and any conditions for their addition to food as referred to in Article 6(2). |
| --- | --- |

—

present as soon as possible and in any case within two years following the adoption of the Regulation a proposal for the establishment of maximum/ minimum amounts of vitamins and minerals and any conditions for their addition to food as referred to in Article 6(2).

As regards Amendment 36, introducing a new Article 11a on labelling, presentation and advertising of other substances, it should be noted that labelling rules can be considered by the Commission in the context of Article 8(6), on the adoption of implementing rules to apply Article 8.

In relation to Amendments 11, 12, 22, 28,40 and 42, accepted in part by the Commission but not included in the common position:

Amendment 11 (to Article 3(2), introductory part): it can be pointed out that the principle of the amendment, on the need for adding vitamins and minerals in a form that is bio-available to the human body, is already outlined in the first sentence of recital 11.

Amendment 12 (to Article 3a (new)): and Amendment 28 (to Article 8(2)) the substance of these amendments is maintained in Article 7 (2) as it is the labelling (including ingredient listing), presentation and advertising which could mislead or deceive the consumer.

Amendment 22 (to Article 7(2)(b)): food supplements are considered implicitly covered by the paragraph in question according to which 'other dietary sources' should be taken into account while fixing the maximum amounts and the conditions for the addition of vitamins and minerals to food.

Amendment 40 (to Article 14(3)) can be found, in part and implicitly, in Article 12(3) second indent, given that the consultation of the Committee becomes obligatory whenever the Commission's opinion on the envisaged measure is negative.

Amendment 42 (to Article 17): the Council considers that, for the monitoring tasks carried out by competent authorities, the obligation to notify the Commission of any placing on the market of food products containing vitamins and minerals would not be compatible with the principles of subsidiarity and proportionality.

3.   Other innovations introduced by the Council

Other innovations introduced in the common position include:

| — | the grouping of all the applicable transitional measures in a new Article 17, with the deletion of Article 4 of the original proposal, |
| --- | --- |

—

the grouping of all the applicable transitional measures in a new Article 17, with the deletion of Article 4 of the original proposal,

| — | a revision of Articles 6 (on conditions on the addition of vitamins and minerals) and 7 (on labelling, presentation and advertising) following the deletion of the definitions in Article 2, |
| --- | --- |

—

a revision of Articles 6 (on conditions on the addition of vitamins and minerals) and 7 (on labelling, presentation and advertising) following the deletion of the definitions in Article 2,

| — | a modification of Article 15 on monitoring, so that when a notification of placing on the market is required, information on the withdrawal of the product from the market can also be required, |
| --- | --- |

—

a modification of Article 15 on monitoring, so that when a notification of placing on the market is required, information on the withdrawal of the product from the market can also be required,

| — | a reference to implementation rules for the application of Article 16, |
| --- | --- |

—

a reference to implementation rules for the application of Article 16,

| — | the deletion of sodium chloride from Annex II and with a corresponding modification of Rrecital 11 explaining this change. |
| --- | --- |

—

the deletion of sodium chloride from Annex II and with a corresponding modification of Rrecital 11 explaining this change.

IV.   CONCLUSION

The Council considers that its common position, which incorporates the amendments mentioned in Sections III.2(a), takes good account of the opinion of the European Parliament in first reading and represents a balanced solution to ensure that the objectives of the Regulation will be achieved.

---

(1)  Doc. 9200/05.

(2)  OJ C 112, 30.4.2004, p. 44.

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| 4.4.2006 | EN | Official Journal of the European Union | CE 80/43 |
| --- | --- | --- | --- |

4.4.2006

EN

Official Journal of the European Union

CE 80/43

---

COMMON POSITION (EC) No 3/2006

adopted by the Council on 8 December 2005

with a view to adopting Regulation (EC) No .../2006 of the European Parliament and of the Council of ...on nutrition and health claims made on foods

(2006/C 80 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | An increasing number of foods labelled and advertised in the Community bear nutrition and health claims. In order to ensure a high level of protection for consumers and to facilitate their choice, products put on the market must be safe and adequately labelled. |
| --- | --- |

(1)

An increasing number of foods labelled and advertised in the Community bear nutrition and health claims. In order to ensure a high level of protection for consumers and to facilitate their choice, products put on the market must be safe and adequately labelled.

| (2) | Differences between national provisions relating to such claims may impede the free movement of foods and create unequal conditions of competition. They thus have a direct impact on the functioning of the internal market. It is therefore necessary to adopt Community rules on the use of nutrition and health claims on foods. |
| --- | --- |

(2)

Differences between national provisions relating to such claims may impede the free movement of foods and create unequal conditions of competition. They thus have a direct impact on the functioning of the internal market. It is therefore necessary to adopt Community rules on the use of nutrition and health claims on foods.

| (3) | General labelling provisions are contained in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (3). Directive 2000/13/EC generally prohibits the use of information that would mislead the purchaser or attribute medicinal properties to food. This Regulation should complement the general principles in Directive 2000/13/EC and lay down specific provisions concerning the use of nutrition and health claims concerning foods to be delivered as such to the consumer. |
| --- | --- |

(3)

General labelling provisions are contained in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (3). Directive 2000/13/EC generally prohibits the use of information that would mislead the purchaser or attribute medicinal properties to food. This Regulation should complement the general principles in Directive 2000/13/EC and lay down specific provisions concerning the use of nutrition and health claims concerning foods to be delivered as such to the consumer.

| (4) | This Regulation should apply to all nutrition and health claims made in commercial communications, including, inter alia, generic advertising of food and promotional campaigns, such as those supported in whole or in part by public authorities. It should not apply to claims which are made in non-commercial communications, such as dietary guidelines or advice issued by public health authorities and bodies, or non-commercial communications and information in the press and in scientific publications. This Regulation should also apply to trade marks and other brand names which may be construed as nutrition or health claims. |
| --- | --- |

(4)

This Regulation should apply to all nutrition and health claims made in commercial communications, including, inter alia, generic advertising of food and promotional campaigns, such as those supported in whole or in part by public authorities. It should not apply to claims which are made in non-commercial communications, such as dietary guidelines or advice issued by public health authorities and bodies, or non-commercial communications and information in the press and in scientific publications. This Regulation should also apply to trade marks and other brand names which may be construed as nutrition or health claims.

| (5) | Non-beneficial nutrition claims are not covered by the scope of this Regulation; Member States intending to introduce national schemes relating to non-beneficial nutrition claims should notify such schemes to the Commission and to other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (4). |
| --- | --- |

(5)

Non-beneficial nutrition claims are not covered by the scope of this Regulation; Member States intending to introduce national schemes relating to non-beneficial nutrition claims should notify such schemes to the Commission and to other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (4).

| (6) | At international level the Codex Alimentarius has adopted General Guidelines on claims in 1991 and Guidelines for the use of nutrition claims in 1997. An amendment to the latter has been adopted by the Codex Alimentarius Commission in 2004. That amendment concerns the inclusion of health claims in the 1997 Guidelines. Due consideration is given to the definitions and conditions set in the Codex Guidelines. |
| --- | --- |

(6)

At international level the Codex Alimentarius has adopted General Guidelines on claims in 1991 and Guidelines for the use of nutrition claims in 1997. An amendment to the latter has been adopted by the Codex Alimentarius Commission in 2004. That amendment concerns the inclusion of health claims in the 1997 Guidelines. Due consideration is given to the definitions and conditions set in the Codex Guidelines.

| (7) | The possibility of using the claim ‘low fat’ for spreadable fats provided for in Council Regulation (EC) No 2991/94 of 5 December 1994 laying down standards for spreadable fats (5) should be adapted to the provisions of this Regulation as soon as possible. In the meantime, Regulation (EC) No 2991/94 applies for the products it covers. |
| --- | --- |

(7)

The possibility of using the claim ‘low fat’ for spreadable fats provided for in Council Regulation (EC) No 2991/94 of 5 December 1994 laying down standards for spreadable fats (5) should be adapted to the provisions of this Regulation as soon as possible. In the meantime, Regulation (EC) No 2991/94 applies for the products it covers.

| (8) | There is a wide range of nutrients and other substances including, but not limited to, vitamins, minerals including trace elements, amino acids, essential fatty acids, fibre, various plants and herbal extracts with a nutritional or physiological effect that might be present in a food and be the subject of a claim. Therefore, general principles applicable to all claims made on foods should be established in order to ensure a high level of consumer protection, give the consumer the necessary information to make choices in full knowledge of the facts, as well as creating equal conditions of competition for the food industry. |
| --- | --- |

(8)

There is a wide range of nutrients and other substances including, but not limited to, vitamins, minerals including trace elements, amino acids, essential fatty acids, fibre, various plants and herbal extracts with a nutritional or physiological effect that might be present in a food and be the subject of a claim. Therefore, general principles applicable to all claims made on foods should be established in order to ensure a high level of consumer protection, give the consumer the necessary information to make choices in full knowledge of the facts, as well as creating equal conditions of competition for the food industry.

| (9) | Foods promoted with claims may be perceived by consumers as having a nutritional, physiological or other health advantage over similar or other products to which such nutrients and other substances are not added. This may encourage consumers to make choices which directly influence their total intake of individual nutrients or other substances in a way which would run counter to scientific advice. To address this potential undesirable effect, it is appropriate to impose certain restrictions as regards the products bearing claims. In this context, factors such as the presence of certain substances, for example the alcohol content of the product or the nutrient profile of the product, are appropriate criteria for determining whether the product can bear claims. The use of such criteria at national level, whilst justified for the purpose of allowing consumers to make informed nutritional choices, is likely to result in barriers to intra-Community trade and should therefore be harmonised at Community level. |
| --- | --- |

(9)

Foods promoted with claims may be perceived by consumers as having a nutritional, physiological or other health advantage over similar or other products to which such nutrients and other substances are not added. This may encourage consumers to make choices which directly influence their total intake of individual nutrients or other substances in a way which would run counter to scientific advice. To address this potential undesirable effect, it is appropriate to impose certain restrictions as regards the products bearing claims. In this context, factors such as the presence of certain substances, for example the alcohol content of the product or the nutrient profile of the product, are appropriate criteria for determining whether the product can bear claims. The use of such criteria at national level, whilst justified for the purpose of allowing consumers to make informed nutritional choices, is likely to result in barriers to intra-Community trade and should therefore be harmonised at Community level.

| (10) | The application of nutrient profiles as a criterion would aim to avoid a situation where nutrition or health claims mask the overall nutritional status of a food product, which could mislead consumers when trying to make healthy choices in the context of a balanced diet. Nutrient profiles as provided for in this Regulation would be intended for the sole purpose of governing the circumstances in which claims may be made. They should be based on generally accepted scientific data relative to the relationship between diet and health. However, profiles should also allow for product innovation and should take into account the variability of dietary habits and traditions, and the fact that individual products may have an important role in the context of an overall diet. |
| --- | --- |

(10)

The application of nutrient profiles as a criterion would aim to avoid a situation where nutrition or health claims mask the overall nutritional status of a food product, which could mislead consumers when trying to make healthy choices in the context of a balanced diet. Nutrient profiles as provided for in this Regulation would be intended for the sole purpose of governing the circumstances in which claims may be made. They should be based on generally accepted scientific data relative to the relationship between diet and health. However, profiles should also allow for product innovation and should take into account the variability of dietary habits and traditions, and the fact that individual products may have an important role in the context of an overall diet.

| (11) | The establishment of nutrient profiles should take into account the content of different nutrients and substances with a nutritional or physiological effect, in particular those such as fat, saturated fat, trans-fatty acids, salt/sodium and sugars, excessive intakes of which in the overall diet are not recommended, as well as poly- and mono-unsaturated fats, available carbohydrates other than sugars, vitamins, minerals, protein and fibre. When setting the nutrient profiles, the different categories of foods and the place and role of these foods in the overall diet should be taken into account. Exemptions from the requirement to respect established nutrient profiles may be necessary for certain foods or categories of foods depending on their role and importance in the diet of the population. These would be complex technical tasks and the adoption of the relevant measures should be entrusted to the Commission, taking into account the advice of the European Food Safety Authority. |
| --- | --- |

(11)

The establishment of nutrient profiles should take into account the content of different nutrients and substances with a nutritional or physiological effect, in particular those such as fat, saturated fat, trans-fatty acids, salt/sodium and sugars, excessive intakes of which in the overall diet are not recommended, as well as poly- and mono-unsaturated fats, available carbohydrates other than sugars, vitamins, minerals, protein and fibre. When setting the nutrient profiles, the different categories of foods and the place and role of these foods in the overall diet should be taken into account. Exemptions from the requirement to respect established nutrient profiles may be necessary for certain foods or categories of foods depending on their role and importance in the diet of the population. These would be complex technical tasks and the adoption of the relevant measures should be entrusted to the Commission, taking into account the advice of the European Food Safety Authority.

| (12) | Food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (6) presented in a liquid form and containing more than 1,2 % by volume of alcohol are not considered as beverages under this Regulation. |
| --- | --- |

(12)

Food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (6) presented in a liquid form and containing more than 1,2 % by volume of alcohol are not considered as beverages under this Regulation.

| (13) | There is a wide variety of claims currently used in the labelling and advertising of foods in some Member States relating to substances that have not been shown to be beneficial or for which at present there is not sufficient scientific agreement. It is necessary to ensure that the substances for which a claim is made have been shown to have a beneficial nutritional or physiological effect. |
| --- | --- |

(13)

There is a wide variety of claims currently used in the labelling and advertising of foods in some Member States relating to substances that have not been shown to be beneficial or for which at present there is not sufficient scientific agreement. It is necessary to ensure that the substances for which a claim is made have been shown to have a beneficial nutritional or physiological effect.

| (14) | In order to ensure that the claims made are truthful, it is necessary that the substance that is the subject of the claim is present in the final product in quantities that are sufficient, or that the substance is absent or present in suitably reduced quantities, to produce the nutritional or physiological effect claimed. The substance should also be available to be used by the body. In addition, and where appropriate, a significant amount of the substance producing the claimed nutritional or physiological effect should be provided by a quantity of the food that can reasonably be expected to be consumed. |
| --- | --- |

(14)

In order to ensure that the claims made are truthful, it is necessary that the substance that is the subject of the claim is present in the final product in quantities that are sufficient, or that the substance is absent or present in suitably reduced quantities, to produce the nutritional or physiological effect claimed. The substance should also be available to be used by the body. In addition, and where appropriate, a significant amount of the substance producing the claimed nutritional or physiological effect should be provided by a quantity of the food that can reasonably be expected to be consumed.

| (15) | It is important that claims on foods can be understood by the consumer and it is appropriate to protect all consumers from misleading claims. However, since the enactment of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising (7), the Court of Justice of the European Communities has found it necessary in adjudicating on advertising cases to examine the effect on a notional, typical consumer. In line with the principle of proportionality, and to enable the effective application of the protective measures contained in it, this Regulation takes as a benchmark the average consumer, who is reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors, as interpreted by the Court of Justice, but makes provision to prevent the exploitation of consumers whose characteristics make them particularly vulnerable to misleading claims. Where a claim is specifically aimed at a particular group of consumers, such as children, it is desirable that the impact of the claim be assessed from the perspective of the average member of that group. The average consumer test is not a statistical test. National courts and authorities will have to exercise their own faculty of judgment, having regard to the case-law of the Court of Justice, to determine the typical reaction of the average consumer in a given case. |
| --- | --- |

(15)

It is important that claims on foods can be understood by the consumer and it is appropriate to protect all consumers from misleading claims. However, since the enactment of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising (7), the Court of Justice of the European Communities has found it necessary in adjudicating on advertising cases to examine the effect on a notional, typical consumer. In line with the principle of proportionality, and to enable the effective application of the protective measures contained in it, this Regulation takes as a benchmark the average consumer, who is reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors, as interpreted by the Court of Justice, but makes provision to prevent the exploitation of consumers whose characteristics make them particularly vulnerable to misleading claims. Where a claim is specifically aimed at a particular group of consumers, such as children, it is desirable that the impact of the claim be assessed from the perspective of the average member of that group. The average consumer test is not a statistical test. National courts and authorities will have to exercise their own faculty of judgment, having regard to the case-law of the Court of Justice, to determine the typical reaction of the average consumer in a given case.

| (16) | Scientific substantiation should be the main aspect to be taken into account for the use of nutrition and health claims and the food business operators using claims should justify them. |
| --- | --- |

(16)

Scientific substantiation should be the main aspect to be taken into account for the use of nutrition and health claims and the food business operators using claims should justify them.

| (17) | A nutrition or health claim should not be made if it is inconsistent with generally accepted nutrition and health principles or if it encourages or condones excessive consumption of any food or disparages good dietary practice. |
| --- | --- |

(17)

A nutrition or health claim should not be made if it is inconsistent with generally accepted nutrition and health principles or if it encourages or condones excessive consumption of any food or disparages good dietary practice.

| (18) | Given the positive image conferred on foods bearing nutrition and health claims and the potential impact these foods may have on dietary habits and overall nutrient intakes, the consumer should be able to evaluate their global nutritional quality. Therefore, nutrition labelling should be compulsory and should be extensive on all foods bearing health claims. |
| --- | --- |

(18)

Given the positive image conferred on foods bearing nutrition and health claims and the potential impact these foods may have on dietary habits and overall nutrient intakes, the consumer should be able to evaluate their global nutritional quality. Therefore, nutrition labelling should be compulsory and should be extensive on all foods bearing health claims.

| (19) | General nutritional labelling provisions are contained in Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (8). According to that Directive, where a nutrition claim appears on labelling, in presentation or in advertising, with the exclusion of generic advertising, nutrition labelling should be compulsory. Where a nutrition claim is made for sugars, saturates, fibre or sodium, the information to be given should be that of Group 2 as defined in Article 4(1) of Directive 90/496/EEC. In order to achieve a high level of consumer protection, this obligation to provide the information of Group 2 should apply, mutatis mutandis, where any health claim is made, with the exception of generic advertising. |
| --- | --- |

(19)

General nutritional labelling provisions are contained in Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (8). According to that Directive, where a nutrition claim appears on labelling, in presentation or in advertising, with the exclusion of generic advertising, nutrition labelling should be compulsory. Where a nutrition claim is made for sugars, saturates, fibre or sodium, the information to be given should be that of Group 2 as defined in Article 4(1) of Directive 90/496/EEC. In order to achieve a high level of consumer protection, this obligation to provide the information of Group 2 should apply, mutatis mutandis, where any health claim is made, with the exception of generic advertising.

| (20) | A list of permitted nutrition claims and their specific conditions of use should also be created based on the conditions for the use of such claims that have been agreed at national or international level and laid down in Community legislation. Any claim considered to have the same meaning for consumers as a nutrition claim included in the aforementioned list should be subject to the same conditions of use indicated therein. For example, claims related to the addition of vitamins and minerals such as ‘with ...’, ‘restored ...’, ‘added ...’, or ‘enriched ...’ should be subject to the conditions set for the claim ‘source of ...’. The list should be regularly updated in order to take into account scientific and technological developments. Furthermore, for comparative claims it is necessary that the products being compared be clearly identified to the final consumer. |
| --- | --- |

(20)

A list of permitted nutrition claims and their specific conditions of use should also be created based on the conditions for the use of such claims that have been agreed at national or international level and laid down in Community legislation. Any claim considered to have the same meaning for consumers as a nutrition claim included in the aforementioned list should be subject to the same conditions of use indicated therein. For example, claims related to the addition of vitamins and minerals such as ‘with ...’, ‘restored ...’, ‘added ...’, or ‘enriched ...’ should be subject to the conditions set for the claim ‘source of ...’. The list should be regularly updated in order to take into account scientific and technological developments. Furthermore, for comparative claims it is necessary that the products being compared be clearly identified to the final consumer.

| (21) | Conditions for claims such as ‘lactose-free’ or ‘gluten-free’, addressed to a group of consumers with specific disorders, should be dealt with in Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (9). In addition, that Directive provides the possibility that foodstuffs for normal consumption can indicate their suitability for use by these groups of consumers if they fulfil the conditions for such statement. Until the conditions for such statements are set at Community level, Member States may maintain or adopt relevant national measures. |
| --- | --- |

(21)

Conditions for claims such as ‘lactose-free’ or ‘gluten-free’, addressed to a group of consumers with specific disorders, should be dealt with in Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (9). In addition, that Directive provides the possibility that foodstuffs for normal consumption can indicate their suitability for use by these groups of consumers if they fulfil the conditions for such statement. Until the conditions for such statements are set at Community level, Member States may maintain or adopt relevant national measures.

| (22) | Health claims should only be authorised for use in the Community after a scientific assessment of the highest possible standard. In order to ensure harmonised scientific assessment of these claims, the European Food Safety Authority should carry out such assessments. |
| --- | --- |

(22)

Health claims should only be authorised for use in the Community after a scientific assessment of the highest possible standard. In order to ensure harmonised scientific assessment of these claims, the European Food Safety Authority should carry out such assessments.

| (23) | There are many factors, other than dietary ones, that can influence psychological and behavioural functions. Communication on these functions is thus very complex and it is difficult to convey a comprehensive, truthful and meaningful message in a short claim to be used in the labelling and advertising of foods. Therefore, it is appropriate, when using psychological and behavioural claims, to require scientific substantiation. |
| --- | --- |

(23)

There are many factors, other than dietary ones, that can influence psychological and behavioural functions. Communication on these functions is thus very complex and it is difficult to convey a comprehensive, truthful and meaningful message in a short claim to be used in the labelling and advertising of foods. Therefore, it is appropriate, when using psychological and behavioural claims, to require scientific substantiation.

| (24) | In the light of Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (10) which prohibits, in the labelling, presentation and advertising of products covered by that Directive, any reference to the rate or amount of weight loss which may result from their use, it is considered appropriate to extend this restriction to all foods. |
| --- | --- |

(24)

In the light of Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (10) which prohibits, in the labelling, presentation and advertising of products covered by that Directive, any reference to the rate or amount of weight loss which may result from their use, it is considered appropriate to extend this restriction to all foods.

| (25) | Health claims other than those referring to the reduction of disease risk, based on generally accepted scientific data, should undergo a different type of assessment and authorisation. It is therefore necessary to adopt a Community list of such permitted claims after consulting the European Food Safety Authority. |
| --- | --- |

(25)

Health claims other than those referring to the reduction of disease risk, based on generally accepted scientific data, should undergo a different type of assessment and authorisation. It is therefore necessary to adopt a Community list of such permitted claims after consulting the European Food Safety Authority.

| (26) | In order to keep up with scientific and technological developments, the list referred to above should be revised promptly whenever necessary. Such revisions are implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure. |
| --- | --- |

(26)

In order to keep up with scientific and technological developments, the list referred to above should be revised promptly whenever necessary. Such revisions are implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure.

| (27) | A varied and balanced diet is a prerequisite for good health and single products have a relative importance in the context of the total diet. Furthermore, diet is one of the many factors influencing the onset of certain human diseases. Other factors such as age, genetic predisposition, the level of physical activity, the consumption of tobacco and other drugs, environmental exposure and stress may all influence the onset of human diseases. Specific labelling requirements should therefore apply in respect of claims relating to the reduction of a disease risk. |
| --- | --- |

(27)

A varied and balanced diet is a prerequisite for good health and single products have a relative importance in the context of the total diet. Furthermore, diet is one of the many factors influencing the onset of certain human diseases. Other factors such as age, genetic predisposition, the level of physical activity, the consumption of tobacco and other drugs, environmental exposure and stress may all influence the onset of human diseases. Specific labelling requirements should therefore apply in respect of claims relating to the reduction of a disease risk.

| (28) | In order to ensure that health claims are truthful, clear, reliable and useful to the consumer in choosing a healthy diet, the wording and the presentation of health claims should be taken into account in the opinion of the European Food Safety Authority and in the subsequent authorisation procedure. |
| --- | --- |

(28)

In order to ensure that health claims are truthful, clear, reliable and useful to the consumer in choosing a healthy diet, the wording and the presentation of health claims should be taken into account in the opinion of the European Food Safety Authority and in the subsequent authorisation procedure.

| (29) | In some cases, scientific risk assessment alone cannot provide all the information on which a risk management decision should be based. Other legitimate factors relevant to the matter under consideration should therefore be taken into account. |
| --- | --- |

(29)

In some cases, scientific risk assessment alone cannot provide all the information on which a risk management decision should be based. Other legitimate factors relevant to the matter under consideration should therefore be taken into account.

| (30) | For the sake of transparency and in order to avoid multiple applications in respect of claims which have already been assessed, a public register containing the lists of such claims should be established and updated by the Commission. |
| --- | --- |

(30)

For the sake of transparency and in order to avoid multiple applications in respect of claims which have already been assessed, a public register containing the lists of such claims should be established and updated by the Commission.

| (31) | In order to stimulate research and development within the agri-food industry, it is appropriate to protect the investment made by innovators in gathering the information and data supporting an application pursuant to this Regulation. This protection should however be limited in time in order to avoid the unnecessary repetition of studies and trials. |
| --- | --- |

(31)

In order to stimulate research and development within the agri-food industry, it is appropriate to protect the investment made by innovators in gathering the information and data supporting an application pursuant to this Regulation. This protection should however be limited in time in order to avoid the unnecessary repetition of studies and trials.

| (32) | Given the particular nature of foods bearing claims, additional means to those usually available to monitoring bodies should be available in order to facilitate efficient monitoring of those products. |
| --- | --- |

(32)

Given the particular nature of foods bearing claims, additional means to those usually available to monitoring bodies should be available in order to facilitate efficient monitoring of those products.

| (33) | Adequate transitional measures are necessary to enable food business operators to adapt to the requirements of this Regulation. |
| --- | --- |

(33)

Adequate transitional measures are necessary to enable food business operators to adapt to the requirements of this Regulation.

| (34) | Since the objective of this Regulation, namely to ensure the effective functioning of the internal market as regards nutrition and health claims whilst providing a high level of consumer protection, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(34)

Since the objective of this Regulation, namely to ensure the effective functioning of the internal market as regards nutrition and health claims whilst providing a high level of consumer protection, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (35) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11), |
| --- | --- |

(35)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11),

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.   This Regulation harmonises the provisions laid down by law, regulation or administrative action in Member States which relate to nutrition and health claims in order to ensure the effective functioning of the internal market whilst providing a high level of consumer protection.

2.   This Regulation shall apply to nutrition and health claims made in commercial communications, whether in the labelling, presentation or advertising of foods to be delivered as such to the final consumer, including foods which are placed on the market unpacked or supplied in bulk.

It shall also apply in respect of foods intended for supply to restaurants, hospitals, schools, canteens and similar mass caterers.

3.   A trade mark, brand name or fancy name appearing in the labelling, presentation or advertising of a food which may be construed as a nutrition or health claim may be used without undergoing the authorisation procedures provided for in this Regulation, provided that it is accompanied by a related nutrition or health claim in that labelling, presentation or advertising which complies with the provisions of this Regulation.

4.   This Regulation shall apply without prejudice to the following Community provisions:

| (a) | Directive 89/398/EEC and Directives adopted on the basis thereof; |
| --- | --- |

(a)

Directive 89/398/EEC and Directives adopted on the basis thereof;

| (b) | Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (12); |
| --- | --- |

(b)

Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (12);

| (c) | Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (13). |
| --- | --- |

(c)

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (13).

Article 2

Definitions

1.   For the purposes of this Regulation:

| (a) | the definitions of ‘food’, ‘food business operator’, ‘placing on the market’ and ‘final consumer’, set out in Articles 2, 3(3), 3(8) and 3(18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (14), shall apply; |
| --- | --- |

(a)

the definitions of ‘food’, ‘food business operator’, ‘placing on the market’ and ‘final consumer’, set out in Articles 2, 3(3), 3(8) and 3(18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (14), shall apply;

| (b) | the definition of ‘food supplement’ set out in Directive 2002/46/EC shall apply; |
| --- | --- |

(b)

the definition of ‘food supplement’ set out in Directive 2002/46/EC shall apply;

| (c) | the definitions of ‘nutrition labelling’, ‘protein’, ‘carbohydrate’, ‘sugars’, ‘fat’, ‘saturates’, ‘mono-unsaturates’, ‘poly-unsaturates’ and ‘fibre’ set out in Directive 90/496/EEC shall apply; |
| --- | --- |

(c)

the definitions of ‘nutrition labelling’, ‘protein’, ‘carbohydrate’, ‘sugars’, ‘fat’, ‘saturates’, ‘mono-unsaturates’, ‘poly-unsaturates’ and ‘fibre’ set out in Directive 90/496/EEC shall apply;

| (d) | the definition of ‘labelling’ set out in Article 1(3)(a) of Directive 2000/13/EC shall apply. |
| --- | --- |

(d)

the definition of ‘labelling’ set out in Article 1(3)(a) of Directive 2000/13/EC shall apply.

2.   The following definitions shall also apply:

| 1. | ‘claim’ means any message or representation, which is not mandatory under Community or national legislation, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has particular characteristics; |
| --- | --- |

1.

‘claim’ means any message or representation, which is not mandatory under Community or national legislation, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has particular characteristics;

| 2. | ‘nutrient’ means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in the Annex to Directive 90/496/EEC, and substances which belong to or are components of one of those categories; |
| --- | --- |

2.

‘nutrient’ means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in the Annex to Directive 90/496/EEC, and substances which belong to or are components of one of those categories;

| 3. | ‘other substance’ means a substance other than a nutrient that has a nutritional or physiological effect; |
| --- | --- |

3.

‘other substance’ means a substance other than a nutrient that has a nutritional or physiological effect;

| 4. | ‘nutrition claim’ means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to:






  (a) | the energy (calorific value) it






  (i) | provides, |
| --- | --- | --- | --- |

4.

‘nutrition claim’ means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to:

(a)

the energy (calorific value) it

(i)

provides,

| (ii) | provides at a reduced or increased rate, or |
| --- | --- |

(ii)

provides at a reduced or increased rate, or

| (iii) | does not provide; and/or |
| --- | --- |

(iii)

does not provide; and/or

| (b) | the nutrients or other substances it






  (i) | contains, |
| --- | --- | --- |

(b)

the nutrients or other substances it

(i)

contains,

| (ii) | contains in reduced or increased proportions, or |
| --- | --- |

(ii)

contains in reduced or increased proportions, or

| (iii) | does not contain; |
| --- | --- |

(iii)

does not contain;

| 5. | ‘health claim’ means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health; |
| --- | --- |

5.

‘health claim’ means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health;

| 6. | ‘reduction of disease risk claim’ means any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease; |
| --- | --- |

6.

‘reduction of disease risk claim’ means any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease;

| 7. | ‘Authority’ means the European Food Safety Authority established by Regulation (EC) No 178/2002. |
| --- | --- |

7.

‘Authority’ means the European Food Safety Authority established by Regulation (EC) No 178/2002.

CHAPTER II

GENERAL PRINCIPLES

Article 3

General principles for all claims

Nutrition and health claims may be used in the labelling, presentation and advertising of foods placed on the market in the Community only if they comply with the provisions of this Regulation.

Without prejudice to Directives 2000/13/EC and 84/450/EEC, the use of nutrition and health claims shall not:

| (a) | be false, ambiguous or misleading; |
| --- | --- |

(a)

be false, ambiguous or misleading;

| (b) | give rise to doubt about the safety and/or the nutritional adequacy of other foods; |
| --- | --- |

(b)

give rise to doubt about the safety and/or the nutritional adequacy of other foods;

| (c) | encourage or condone excess consumption of a food; |
| --- | --- |

(c)

encourage or condone excess consumption of a food;

| (d) | state, suggest or imply that a balanced and varied diet cannot provide appropriate quantities of nutrients in general. Derogations in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet, including the conditions for their application, may be adopted in accordance with the procedure referred to in Article 24(2), taking into account the special conditions present in Member States; |
| --- | --- |

(d)

state, suggest or imply that a balanced and varied diet cannot provide appropriate quantities of nutrients in general. Derogations in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet, including the conditions for their application, may be adopted in accordance with the procedure referred to in Article 24(2), taking into account the special conditions present in Member States;

| (e) | refer to changes in bodily functions which could give rise to or exploit fear in the consumer, either textually or through pictorial, graphic or symbolic representations. |
| --- | --- |

(e)

refer to changes in bodily functions which could give rise to or exploit fear in the consumer, either textually or through pictorial, graphic or symbolic representations.

Article 4

Conditions for the use of nutrition and health claims

1.   By ... (15), the Commission shall, in accordance with the procedure referred to in Article 24(2), establish specific nutrient profiles and the conditions, including exemptions, which shall be respected for the use of nutrition and health claims on foods and/or categories of foods.

These nutrient profiles established for food and/or certain categories of food, and the conditions for the use of nutrition or health claims with respect to the nutrient profiles, shall be laid down taking into account in particular:

| (a) | the quantities of certain nutrients and other substances contained in the food, such as fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium; |
| --- | --- |

(a)

the quantities of certain nutrients and other substances contained in the food, such as fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium;

| (b) | the role and importance of the food (or of categories of foods) in the diet of the population in general or, as appropriate, of certain risk groups including children; |
| --- | --- |

(b)

the role and importance of the food (or of categories of foods) in the diet of the population in general or, as appropriate, of certain risk groups including children;

| (c) | the overall nutritional composition of the food and the presence of nutrients that have been scientifically recognised as having an effect on health. |
| --- | --- |

(c)

the overall nutritional composition of the food and the presence of nutrients that have been scientifically recognised as having an effect on health.

The nutrient profiles shall be based on scientific knowledge about diet and nutrition, and their relation to health.

In setting the nutrient profiles, the Commission shall request the Authority to provide, within 12 months, relevant scientific advice, focusing in particular on:

| (i) | whether profiles should be set for food in general and/or categories of food; |
| --- | --- |

(i)

whether profiles should be set for food in general and/or categories of food;

| (ii) | the choice and balance of nutrients to be taken into account; |
| --- | --- |

(ii)

the choice and balance of nutrients to be taken into account;

| (iii) | the choice of reference quantity/basis for profiles; |
| --- | --- |

(iii)

the choice of reference quantity/basis for profiles;

| (iv) | the approach to the calculation of the profiles, and |
| --- | --- |

(iv)

the approach to the calculation of the profiles, and

| (v) | testing of a proposed system. |
| --- | --- |

(v)

testing of a proposed system.

In setting the nutrient profiles, the Commission shall carry out consultations with interested parties, in particular food business operators and consumer groups.

Nutrient profiles and their conditions of use shall be updated to take into account relevant scientific developments in accordance with the procedure referred to in Article 24(2).

2.   By way of derogation from paragraph 1, nutrition claims referring to the reduction of fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium shall be allowed without reference to a profile for the specific nutrient/s for which the claim is made, provided they comply with the conditions laid down in this Regulation.

3.   Beverages containing more than 1,2 % by volume of alcohol shall not bear:

| (a) | health claims; |
| --- | --- |

(a)

health claims;

| (b) | nutrition claims, other than those which refer to a reduction in the alcohol or energy content. |
| --- | --- |

(b)

nutrition claims, other than those which refer to a reduction in the alcohol or energy content.

4.   In the absence of specific Community rules regarding nutrition claims referring to the reduction or absence of alcohol or energy in beverages which normally contain alcohol, relevant national rules may apply in compliance with the provisions of the Treaty.

5.   Foods or categories of foods other than those referred to in paragraph 3, for which nutrition or health claims are to be restricted or prohibited, may be determined in accordance with the procedure referred to in Article 24(2) and in the light of scientific evidence.

Article 5

General conditions

1.   The use of nutrition and health claims shall only be permitted if the following conditions are fulfilled:

| (a) | the presence, absence or reduced content in a food or category of food of a nutrient or other substance in respect of which the claim is made has been shown to have a beneficial nutritional or physiological effect, as established by generally accepted scientific data; |
| --- | --- |

(a)

the presence, absence or reduced content in a food or category of food of a nutrient or other substance in respect of which the claim is made has been shown to have a beneficial nutritional or physiological effect, as established by generally accepted scientific data;

| (b) | the nutrient or other substance for which the claim is made:






  (i) | is contained in the final product in a significant quantity as defined in Community legislation or, where such rules do not exist, in a quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data; or |
| --- | --- | --- |

(b)

the nutrient or other substance for which the claim is made:

(i)

is contained in the final product in a significant quantity as defined in Community legislation or, where such rules do not exist, in a quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data; or

| (ii) | is not present or is present in a reduced quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data; |
| --- | --- |

(ii)

is not present or is present in a reduced quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data;

| (c) | where applicable, the nutrient or other substance for which the claim is made is in a form that is available to be used by the body; |
| --- | --- |

(c)

where applicable, the nutrient or other substance for which the claim is made is in a form that is available to be used by the body;

| (d) | the quantity of the product that can reasonably be expected to be consumed provides a significant quantity of the nutrient or other substance to which the claim relates, as defined in Community legislation or, where such rules do not exist, a significant quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data; |
| --- | --- |

(d)

the quantity of the product that can reasonably be expected to be consumed provides a significant quantity of the nutrient or other substance to which the claim relates, as defined in Community legislation or, where such rules do not exist, a significant quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data;

| (e) | compliance with the specific conditions set out in Chapter III or Chapter IV as the case may be. |
| --- | --- |

(e)

compliance with the specific conditions set out in Chapter III or Chapter IV as the case may be.

2.   The use of nutrition and health claims shall only be permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim.

3.   Nutrition and health claims shall refer to the food ready for consumption in accordance with the manufacturer's instructions.

Article 6

Scientific substantiation for claims

1.   Nutrition and health claims shall be based on and substantiated by generally accepted scientific data.

2.   A food business operator making a nutrition or health claim shall justify the use of the claim.

3.   The competent authorities of the Member States may request a food business operator or a person placing a product on the market to produce all relevant elements and data establishing compliance with this Regulation.

Article 7

Nutrition information

The obligation and the modalities for providing information pursuant to Directive 90/496/EEC where a nutrition claim is made shall apply, mutatis mutandis, where a health claim is made, with the exception of generic advertising. However, the information to be provided shall consist of information in Group 2 as defined in Article 4(1) of Directive 90/496/EEC.

In addition and as the case may be, the amount(s) of the substance(s) to which a nutrition or health claim relates that does not appear in the nutrition labelling shall also be stated in the same field of vision of the nutrition information and be expressed in accordance with Article 6 of Directive 90/496/EEC.

In the case of food supplements, the nutrition information shall be provided in accordance with Article 8 of Directive 2002/46/EC.

CHAPTER III

NUTRITION CLAIMS

Article 8

Specific conditions

1.   Nutrition claims shall only be permitted if they are listed in the Annex and are in conformity with the conditions set out in this Regulation.

2.   Amendments to the Annex shall be adopted in accordance with the procedure referred to in Article 24(2) and, where appropriate, after consulting the Authority.

Article 9

Comparative claims

1.   Without prejudice to Directive 84/450/EEC, a comparison may only be made between foods of the same category, taking into consideration a range of foods of that category. The difference in the quantity of a nutrient and/or the energy value shall be stated and the comparison shall relate to the same quantity of food.

2.   Comparative nutrition claims shall compare the composition of the food in question with a range of foods of the same category, which do not have a composition which allows them to bear a claim, including foods of other brands.

CHAPTER IV

HEALTH CLAIMS

Article 10

Specific conditions

1.   Health claims shall be prohibited unless they comply with the general requirements in Chapter II and the specific requirements in this Chapter and are authorised in accordance with this Regulation and included in the lists of authorised claims provided for in Articles 13 and 14.

2.   Health claims shall only be permitted if the following information is included in the labelling, or if no such labelling exists, in the presentation and advertising:

| (a) | a statement indicating the importance of a varied and balanced diet and a healthy lifestyle; |
| --- | --- |

(a)

a statement indicating the importance of a varied and balanced diet and a healthy lifestyle;

| (b) | the quantity of the food and pattern of consumption required to obtain the claimed beneficial effect; |
| --- | --- |

(b)

the quantity of the food and pattern of consumption required to obtain the claimed beneficial effect;

| (c) | where appropriate, a statement addressed to persons who should avoid using the food; and |
| --- | --- |

(c)

where appropriate, a statement addressed to persons who should avoid using the food; and

| (d) | an appropriate warning for products that are likely to present a health risk if consumed to excess. |
| --- | --- |

(d)

an appropriate warning for products that are likely to present a health risk if consumed to excess.

3.   Reference to general, non-specific benefits of the nutrient or food for overall good health or health-related well-being may only be made if accompanied by a specific health claim included in the lists provided for in Article 13 or 14.

4.   Where appropriate, guidelines on the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 24(2) and, if necessary, in consultation with interested parties, in particular food business operators and consumer groups.

Article 11

National medical associations and health-related charities

In the absence of specific Community rules concerning recommendations of or endorsements by national medical associations and health-related charities, relevant national rules may apply in compliance with the provisions of the Treaty.

Article 12

Restrictions on the use of certain health claims

The following health claims shall not be allowed:

| (a) | claims which suggest that health could be affected by not consuming the food; |
| --- | --- |

(a)

claims which suggest that health could be affected by not consuming the food;

| (b) | claims which make reference to the rate or amount of weight loss; |
| --- | --- |

(b)

claims which make reference to the rate or amount of weight loss;

| (c) | claims which make reference to recommendations of individual doctors or health professionals and other associations not referred to in Article 11. |
| --- | --- |

(c)

claims which make reference to recommendations of individual doctors or health professionals and other associations not referred to in Article 11.

Article 13

Health claims other than those referring to the reduction of disease risk

1.   Health claims describing or referring to:

| (a) | the role of a nutrient or other substance in growth, development and the functions of the body, or |
| --- | --- |

(a)

the role of a nutrient or other substance in growth, development and the functions of the body, or

| (b) | psychological and behavioural functions; or |
| --- | --- |

(b)

psychological and behavioural functions; or

| (c) | without prejudice to Directive 96/8/EC, slimming or weight-control or a reduction in the sense of hunger or an increase in the sense of satiety or to the reduction of the available energy from the diet, |
| --- | --- |

(c)

without prejudice to Directive 96/8/EC, slimming or weight-control or a reduction in the sense of hunger or an increase in the sense of satiety or to the reduction of the available energy from the diet,

which are included in the list provided for in paragraph 3 may be made without undergoing the authorisation procedure laid down in Articles 15 to 18, if they are:

| (i) | based on generally accepted scientific data; and |
| --- | --- |

(i)

based on generally accepted scientific data; and

| (ii) | well understood by the average consumer. |
| --- | --- |

(ii)

well understood by the average consumer.

2.   Member States shall provide the Commission with lists of claims as referred to in paragraph 1 by ... (16) at the latest accompanied by the conditions applying to them and by references to the relevant scientific justification.

3.   After consulting the Authority, the Commission shall adopt, in accordance with the procedure referred to in Article 24(2), a Community list of permitted claims as referred to in paragraph 1, and all necessary conditions for the use of these claims by ... (17) at the latest.

4.   Any changes to the list referred to in paragraph 3, based on generally accepted scientific data, shall be adopted in accordance with the procedure referred to in Article 24(2), after consulting the Authority, on the Commission's own initiative or following a request by a Member State.

5.   Any additions of claims to the list referred to in paragraph 3 based on newly developed scientific data and/or which include a request for the protection of proprietary data shall be adopted following the procedure laid down in Articles 15 to 18.

Article 14

Reduction of disease risk claims

1.   Notwithstanding Article 2(1)(b) of Directive 2000/13/EC, reduction of disease risk claims may be made where they have been authorised in accordance with the procedure laid down in Articles 15 to 18 of this Regulation for inclusion in a Community list of such permitted claims together with all the necessary conditions for the use of these claims.

2.   In addition to the general requirements laid down in this Regulation and the specific requirements of paragraph 1, for reduction of disease risk claims the labelling or, if no such labelling exists, the presentation or advertising shall also bear a statement indicating that the disease to which the claim is referring has multiple risk factors and that altering one of these risk factors may or may not have a beneficial effect.

Article 15

Application for authorisation

1.   When reference is made to this Article, an application for authorisation shall be submitted in accordance with the following paragraphs.

2.   The application shall be sent to the national competent authority of a Member State.

| (a) | The national competent authority shall:






  (i) | acknowledge receipt of an application in writing within 14 days of its receipt. The acknowledgement shall state the date of receipt of the application; |
| --- | --- | --- |

(a)

The national competent authority shall:

(i)

acknowledge receipt of an application in writing within 14 days of its receipt. The acknowledgement shall state the date of receipt of the application;

| (ii) | inform without delay the Authority; and |
| --- | --- |

(ii)

inform without delay the Authority; and

| (iii) | make the application and any supplementary information supplied by the applicant available to the Authority; |
| --- | --- |

(iii)

make the application and any supplementary information supplied by the applicant available to the Authority;

| (b) | the Authority shall:






  (i) | inform without delay the other Member States and the Commission of the application and shall make the application and any supplementary information supplied by the applicant available to them; |
| --- | --- | --- |

(b)

the Authority shall:

(i)

inform without delay the other Member States and the Commission of the application and shall make the application and any supplementary information supplied by the applicant available to them;

| (ii) | make the summary of the application referred to in paragraph 3(g) available to the public. |
| --- | --- |

(ii)

make the summary of the application referred to in paragraph 3(g) available to the public.

3.   The application shall include the following:

| (a) | the name and address of the applicant; |
| --- | --- |

(a)

the name and address of the applicant;

| (b) | the nutrient or other substance, or the food or the category of food, in respect of which the health claim is to be made and its particular characteristics; |
| --- | --- |

(b)

the nutrient or other substance, or the food or the category of food, in respect of which the health claim is to be made and its particular characteristics;

| (c) | a copy of the studies, including, where available, independent, peer-reviewed studies, which have been carried out with regard to the health claim and any other material which is available to demonstrate that the health claim complies with the criteria provided for in this Regulation; |
| --- | --- |

(c)

a copy of the studies, including, where available, independent, peer-reviewed studies, which have been carried out with regard to the health claim and any other material which is available to demonstrate that the health claim complies with the criteria provided for in this Regulation;

| (d) | where appropriate, an indication of the information which should be regarded as proprietary accompanied by verifiable justification; |
| --- | --- |

(d)

where appropriate, an indication of the information which should be regarded as proprietary accompanied by verifiable justification;

| (e) | a copy of other scientific studies which are relevant to that health claim; |
| --- | --- |

(e)

a copy of other scientific studies which are relevant to that health claim;

| (f) | a proposal for the wording of the health claim for which authorisation is sought including, as the case may be, specific conditions for use; |
| --- | --- |

(f)

a proposal for the wording of the health claim for which authorisation is sought including, as the case may be, specific conditions for use;

| (g) | a summary of the application. |
| --- | --- |

(g)

a summary of the application.

4.   The Commission, having first consulted the Authority, shall establish in accordance with the procedure referred to in Article 24(2) implementing rules for the application of this Article, including rules concerning the preparation and presentation of the application.

5.   Before ... (18), the Authority shall publish detailed guidance to assist applicants in the preparation and the presentation of the application.

Article 16

Opinion of the Authority

1.   In giving its opinion, the Authority shall endeavour to respect a time limit of six months from the date of receipt of a valid application. Such time limit shall be extended whenever the Authority seeks supplementary information from the applicant as provided for in paragraph 2.

2.   The Authority or a national competent authority through the Authority may, where appropriate, request the applicant to supplement the particulars accompanying the application within a specified time limit.

3.   In order to prepare its opinion, the Authority shall:

| (a) | verify that the proposed wording of the health claim is substantiated by scientific data; |
| --- | --- |

(a)

verify that the proposed wording of the health claim is substantiated by scientific data;

| (b) | consider whether the wording of the health claim complies with the criteria laid down in this Regulation; |
| --- | --- |

(b)

consider whether the wording of the health claim complies with the criteria laid down in this Regulation;

| (c) | give advice on whether the proposed wording of the health claim is understandable and meaningful to the average consumer. |
| --- | --- |

(c)

give advice on whether the proposed wording of the health claim is understandable and meaningful to the average consumer.

4.   In the event of an opinion in favour of authorising the health claim, the opinion shall include the following particulars:

| (a) | the name and address of the applicant; |
| --- | --- |

(a)

the name and address of the applicant;

| (b) | the nutrient or other substance, or the food or the category of food, in respect of which a claim is to be made and its particular characteristics; |
| --- | --- |

(b)

the nutrient or other substance, or the food or the category of food, in respect of which a claim is to be made and its particular characteristics;

| (c) | the recommended wording of the proposed health claim, including, as the case may be, the specific conditions of use; |
| --- | --- |

(c)

the recommended wording of the proposed health claim, including, as the case may be, the specific conditions of use;

| (d) | where applicable, conditions or restrictions of use of the food and/or an additional statement or warning that should accompany the health claim on the label and in advertising. |
| --- | --- |

(d)

where applicable, conditions or restrictions of use of the food and/or an additional statement or warning that should accompany the health claim on the label and in advertising.

5.   The Authority shall forward its opinion to the Commission, the Member States and the applicant, including a report describing its assessment of the health claim and stating the reasons for its opinion and the information on which its opinion was based.

6.   The Authority, in accordance with Article 38(1) of Regulation (EC) No 178/2002, shall make its opinion public.

The applicant or members of the public may make comments to the Commission within 30 days from such publication.

Article 17

Community authorisation

1.   Within three months after receiving the opinion of the Authority, the Commission shall submit to the Committee referred to in Article 22(2) a draft decision on the lists of permitted health claims, taking into account the opinion of the Authority, any relevant provisions of Community law and other legitimate factors relevant to the matter under consideration. Where the draft Decision is not in accordance with the opinion of the Authority, the Commission shall provide an explanation for the differences.

2.   Any draft decision to amend the lists of permitted health claims shall include the particulars referred to in Article 16(4).

3.   A final decision on the application shall be adopted in accordance with the procedure referred to in Article 24(2).

4.   The Commission shall, without delay, inform the applicant of the decision taken and publish details of the decision in the Official Journal of the European Union.

5.   Health claims included in the lists provided for in Articles 13 and 14 may be used, in conformity with the conditions applying to them, by any food business operator, if they are not restricted for use in accordance with the provisions of Article 20.

6.   The granting of authorisation shall not lessen the general civil and criminal liability of any food business operator in respect of the food concerned.

Article 18

Modification, suspension and revocation of authorisations

1.   The applicant/user of a claim included in one of the lists provided for in Articles 13 and 14 may apply for a modification of the relevant list. The procedure laid down in Articles 15 to 17 shall apply, mutatis mutandis.

2.   On its own initiative or following a request from a Member State or from the Commission, the Authority shall issue an opinion on whether a health claim included in the lists provided for in Articles 13 and 14 still meets the conditions laid down in this Regulation.

It shall forthwith transmit its opinion to the Commission, the Member States and, where relevant, to the original applicant of the claim in question. The Authority, in accordance with Article 38(1) of Regulation (EC) No 178/2002, shall make its opinion public.

The applicant/user or a member of the public may make comments to the Commission within 30 days of such publication.

The Commission shall examine the opinion of the Authority and any comments received as soon as possible. If appropriate, the authorisation shall be modified, suspended or revoked in accordance with the procedure laid down in Article 17.

CHAPTER V

GENERAL AND FINAL PROVISIONS

Article 19

Community Register

1.   The Commission shall establish and maintain a Community Register of nutrition and health claims made on food, hereinafter referred to as ‘the Register’.

2.   The Register shall include the following:

| (a) | the nutrition claims and the conditions applying to them as set out in the Annex; |
| --- | --- |

(a)

the nutrition claims and the conditions applying to them as set out in the Annex;

| (b) | restrictions adopted in accordance with Article 4(5); |
| --- | --- |

(b)

restrictions adopted in accordance with Article 4(5);

| (c) | the authorised health claims and the conditions applying to them provided for in Articles 13(3), 14(1), 18(2), 20, 23(2) and 27(6) and the national measures referred to in Article 22(3); |
| --- | --- |

(c)

the authorised health claims and the conditions applying to them provided for in Articles 13(3), 14(1), 18(2), 20, 23(2) and 27(6) and the national measures referred to in Article 22(3);

| (d) | a list of rejected health claims and the reasons for their rejection. |
| --- | --- |

(d)

a list of rejected health claims and the reasons for their rejection.

Health claims authorised on the basis of proprietary data shall be recorded in a separate Annex to the Register together with the following information:

| 1. | the date the Commission authorised the health claim and the name of the original applicant that was granted authorisation; |
| --- | --- |

1.

the date the Commission authorised the health claim and the name of the original applicant that was granted authorisation;

| 2. | the fact that the Commission authorised the health claim on the basis of proprietary data; |
| --- | --- |

2.

the fact that the Commission authorised the health claim on the basis of proprietary data;

| 3. | the fact that the health claim is restricted for use unless a subsequent applicant obtains authorisation for the claim without reference to the proprietary data of the original applicant. |
| --- | --- |

3.

the fact that the health claim is restricted for use unless a subsequent applicant obtains authorisation for the claim without reference to the proprietary data of the original applicant.

3.   The Register shall be made available to the public.

Article 20

Data protection

1.   The scientific data and other information in the application required under Article 15(2) may not be used for the benefit of a subsequent applicant for a period of seven years from the date of authorisation, unless the subsequent applicant has agreed with the prior applicant that such data and information may be used, where:

| (a) | the scientific data and other information has been designated as proprietary by the prior applicant at the time the prior application was made; and |
| --- | --- |

(a)

the scientific data and other information has been designated as proprietary by the prior applicant at the time the prior application was made; and

| (b) | the prior applicant had exclusive right of reference to the proprietary data at the time the prior application was made; and |
| --- | --- |

(b)

the prior applicant had exclusive right of reference to the proprietary data at the time the prior application was made; and

| (c) | the health claim could not have been authorised without the submission of the proprietary data by the prior applicant. |
| --- | --- |

(c)

the health claim could not have been authorised without the submission of the proprietary data by the prior applicant.

2.   Until the end of the seven-year period specified in paragraph 1, no subsequent applicant shall have the right to refer to data designated as proprietary by a prior applicant unless and until the Commission takes a decision on whether a claim could be or could have been included in the list provided for in Article 14 or, where appropriate, Article 13 without the submission of data designated as proprietary by the prior applicant.

Article 21

National provisions

Without prejudice to the Treaty, in particular Articles 28 and 30 thereof, Member States may not restrict or forbid trade in or advertising of foods which comply with this Regulation by the application of non-harmonised national provisions governing claims made on certain foods or on foods in general.

Article 22

Notification procedure

1.   If a Member State considers it necessary to adopt new legislation, it shall notify the Commission and the other Member States of the envisaged measures and give the reasons justifying them.

2.   The Commission shall consult the Standing Committee on the Food Chain and Animal Health instituted by Article 58(1) of Regulation (EC) No 178/2002 (hereinafter referred to as the Committee) if it considers such consultation to be useful or if a Member State so requests, and shall give an opinion on the envisaged measures.

3.   The Member State concerned may take the envisaged measures six months after the notification referred to in paragraph 1, provided that the Commission's opinion is not negative.

If the Commission's opinion is negative, it shall determine, in accordance with the procedure referred to in Article 24(2) and before the expiry of the period referred to in the first subparagraph of this paragraph, whether the envisaged measures may be implemented. The Commission may require certain amendments to be made to the envisaged measure.

Article 23

Safeguard measures

1.   Where a Member State has serious grounds for considering that a claim does not comply with this Regulation, or that the scientific substantiation provided for in Article 6 is insufficient, that Member State may temporarily suspend the use of that claim within its territory.

It shall inform the other Member States and the Commission and give reasons for the suspension.

2.   In accordance with the procedure referred to in Article 24(2), a decision shall be taken, where appropriate after obtaining an opinion from the Authority.

The Commission may initiate this procedure on its own initiative.

3.   The Member State referred to in paragraph 1 may maintain the suspension until the decision referred to in paragraph 2 has been notified to it.

Article 24

Committee procedure

1.   The Commission shall be assisted by the Committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months.

3.   The Committee shall adopt its rules of procedure.

Article 25

Monitoring

To facilitate efficient monitoring of foods bearing nutrition or health claims, Member States may require the manufacturer or the person placing such foods on the market in their territory to notify the competent authority of that placing on the market by forwarding to it a model of the label used for the product.

Article 26

Evaluation

By ... (19) at the latest, the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation, in particular on the evolution of the market in foods in respect of which nutrition or health claims are made and on the consumers' understanding of claims, together with a proposal for amendments if necessary.

Article 27

Transitional measures

1.   Foods placed on the market or labelled prior to the date of application of this Regulation which do not comply with this Regulation may be marketed until their expiry date, but not later than ... (20). With regard to the provisions in Article 4(1), foods may be marketed until12 months following adoption of the relevant nutrient profiles and their conditions of use.

2.   Products bearing trade marks or brand names existing before 1 January 2005 which do not comply with this Regulation may continue to be marketed until ... (21) after which time the provisions of this Regulation shall apply.

3.   Nutrition claims which have been used in a Member State before 1 January 2005 in compliance with national provisions applicable to them and which are not included in the Annex, may continue to be used until ... (22) under the responsibility of food business operators and without prejudice to the adoption of safeguard measures as referred to in Article 23.

4.   Nutrition claims in the form of pictorial, graphic or symbolic representation, complying with the general principles of this Regulation, which are not included in the Annex and are used according to specific conditions and criteria elaborated by national provisions or rules, shall be subject to the following:

| (a) | Member States shall communicate to the Commission, by ... (16) at the latest, such nutrition claims and the national provisions or rules applicable, accompanied by scientific data in support of such provisions or rules; |
| --- | --- |

(a)

Member States shall communicate to the Commission, by ... (16) at the latest, such nutrition claims and the national provisions or rules applicable, accompanied by scientific data in support of such provisions or rules;

| (b) | the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt a Decision concerning the use of such claims. |
| --- | --- |

(b)

the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt a Decision concerning the use of such claims.

Nutrition claims not authorised under this procedure may continue to be used for twelve months following the adoption of the Decision.

5.   Health claims as referred to in Article 13(1)(a) may be made from the date of entry into force of this Regulation until the adoption of the list referred to in Article 13(3), under the responsibility of food business operators provided that they comply with this Regulation and with existing national provisions applicable to them, and without prejudice to the adoption of safeguard measures as referred to in Article 23.

6.   Health claims other than those referred to in Article 13(1)(a) and 14, which have been used in compliance with national provisions before the date of entry into force of this Regulation, shall be subject to the following:

| (a) | health claims which have been the subject of evaluation and authorisation in a Member State shall be authorised as follows:






  (i) | Member States shall communicate to the Commission, by ... (16) at the latest, such claims accompanied by a report evaluating the scientific data in support of the claim; |
| --- | --- | --- |

(a)

health claims which have been the subject of evaluation and authorisation in a Member State shall be authorised as follows:

(i)

Member States shall communicate to the Commission, by ... (16) at the latest, such claims accompanied by a report evaluating the scientific data in support of the claim;

| (ii) | after consulting the Authority, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt a Decision concerning the health claims authorised in this way. |
| --- | --- |

(ii)

after consulting the Authority, the Commission shall, in accordance with the procedure referred to in Article 24(2), adopt a Decision concerning the health claims authorised in this way.

Health claims not authorised under this procedure may continue to be used for six months following the adoption of the Decision;

| (b) | health claims which have not been the subject of evaluation and authorisation in a Member State: such claims may continue to be used provided an application is made pursuant to this Regulation before ... (23), health claims not authorised under this procedure may continue to be used for six months after a decision is taken pursuant to Article 17(3). |
| --- | --- |

(b)

health claims which have not been the subject of evaluation and authorisation in a Member State: such claims may continue to be used provided an application is made pursuant to this Regulation before ... (23), health claims not authorised under this procedure may continue to be used for six months after a decision is taken pursuant to Article 17(3).

Article 28

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from ... (24).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at..., ....

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 110, 30.4.2004, p. 18.

1

(2)  Opinion of the European Parliament of 26 May 2005, Council common position of 8 December 2005 and position of the European Parliament of ... (not yet published in the Official Journal).

2

(3)  OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

3

(4)  OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.

4

(5)  OJ L 316, 9.12.1994, p. 2.

5

(6)  OJ L 183, 12.7.2002, p. 51.

6

(7)  OJ L 250, 19.9.1984, p. 17. Directive as last amended by Directive 2005/29/EC of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).

7

(8)  OJ L 276, 6.10.1990, p. 40. Directive as last amended by Commission Directive 2003/120/EC (OJ L 333, 20.12.2003, p. 51).

8

(9)  OJ L 186, 30.6.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

9

(10)  OJ L 55, 6.3.1996, p. 22.

10

(11)  OJ L 184, 17.7.1999, p. 23.

11

(12)  OJ L 229, 30.8.1980, p. 1. Directive as last amended by Regulation (EC) No 1882/2003.

12

(13)  OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC) No 1882/2003.

13

(14)  OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

14

(15)  Twenty four months after the date of entry into force of this Regulation.

15

(16)  Last day of the month of entry into force of this Regulation, plus one year.

16

(17)  Last day of the month of entry into force of this Regulation, plus three years.

17

(18)  First day of the sixth month following the date of entry into force of this Regulation.

18

(19)  Last day of the fifth month following the date of entry into force of this Regulation, plus six years.

19

(20)  Last day of the 18th month following the date of entry into force of this Regulation.

20

(21)  Date of entry into force of this Regulation, plus 10 years.

21

(22)  Two years after the date of entry into force of this Regulation.

22

(23)  Twelve months after the date of entry into force of this Regulation.

23

(24)  First day of the sixth months following the date of entry into force of this Regulation.

24

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ANNEX

Nutrition claims and conditions applying to them

LOW ENERGY

A claim that a food is low in energy, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain more than 40 kcal (170 kJ)/100 g for solids or more than 20 kcal (80 kJ)/100 ml for liquids. For table-top sweeteners the limit of 4 kcal (17 kJ)/portion, with equivalent sweetening properties to 6 g of sucrose (approximately one teaspoon of sucrose), applies.

ENERGY-REDUCED

A claim that a food is energy-reduced, and any claim likely to have the same meaning for the consumer, may only be made where the energy value is reduced by at least 30 %, with an indication of the characteristic(s) which make(s) the food reduced in its total energy value.

ENERGY-FREE

A claim that a food is energy-free, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain more than 4 kcal (17 kJ)/100 ml. For table-top sweeteners the limit of 0,4 kcal (1,7 kJ)/portion, with equivalent sweetening properties to 6 g of sucrose (approximately one teaspoon of sucrose), applies.

LOW-FAT

A claim that a food is low in fat, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 3 g of fat per 100 g for solids or 1,5 g of fat per 100ml for liquids (1,8 g of fat per 100 ml for semi-skimmed milk).

FAT-FREE

A claim that a food is fat-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,5 g of fat per 100 g or 100 ml. However, claims expressed as ‘X % fat-free’ shall be prohibited.

LOW-SATURATED FAT

A claim that a food is low in saturated fat, and any claim likely to have the same meaning for the consumer, may only be made if the sum of saturated fatty acids and trans-fatty acids in the product does not exceed 1,5 g per100 g for solids or 0,75 g/100 ml for liquids and in either case the sum of saturated fatty acids and trans-fatty acids must not provide more than 10 % of energy.

SATURATED FAT-FREE

A claim that a food does not contain saturated fat, and any claim likely to have the same meaning for the consumer, may only be made where the sum of saturated fat and trans-fatty acids does not exceed 0,1 g of saturated fat per 100 g or 100 ml.

LOW SUGAR

A claim that a food is low in sugar, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 5g of sugar per 100 g for solids or 2,5 g of sugar per 100 ml for liquids.

SUGAR-FREE

A claim that a food is sugar-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,5 g of sugar per 100 g or 100 ml.

WITH NO ADDED SUGAR

A claim stating that sugars have not been added to a food, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain any added mono- or disaccharides or any other food used for its sweetening properties. If sugars are naturally present in the food, the following indication should also appear on the label: ‘CONTAINS NATURALLY OCCURRING SUGARS’.

LOW SODIUM/SALT

A claim that a food is low in sodium/salt, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,12 g of sodium, or the equivalent value for salt, per 100 g or per 100 ml. For waters, other than natural mineral waters falling within the scope of Directive 80/777/EEC, this value should not exceed 2 mg of sodium per 100 ml.

VERY LOW SODIUM/SALT

A claim that a food is very low in sodium/salt, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,04 g of sodium, or the equivalent value for salt, per 100 g or per 100 ml. This claim shall not be used for natural mineral waters and other waters.

SODIUM-FREE or SALT-FREE

A claim that a food is sodium-free or salt-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,005 g of sodium, or the equivalent value for salt, per 100 g.

SOURCE OF FIBRE

A claim that a food is a source of fibre, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least 3 g of fibre per 100 g or at least 1,5 g of fibre per 100 kcal.

HIGH FIBRE

A claim that a food is high in fibre, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least 6 g of fibre per 100 g or at least 3 g of fibre per 100 kcal.

SOURCE OF PROTEIN

A claim that a food is a source of protein, and any claim likely to have the same meaning for the consumer, may only be made where at least 12 % of the energy value of the food is provided by protein.

HIGH PROTEIN

A claim that a food is high in protein, and any claim likely to have the same meaning for the consumer, may only be made where at least 20 % of the energy value of the food is provided by protein.

SOURCE OF (NAME OF VITAMIN/S) AND/OR (NAME OF MINERAL/S)

A claim that a food is a source of vitamins and/or minerals, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least a significant amount as defined in the Annex to Directive 90/496/EEC or an amount provided for by derogations granted according to Article 7 of Regulation (EC) No .../2006 of the European Parliament and of the Council of ... on the addition of vitamins and minerals and of certain other substances to foods (1).

HIGH (NAME OF VITAMIN/S) AND/OR (NAME OF MINERAL/S)

A claim that a food is high in vitamins and/or minerals, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least twice the value of ‘source of (NAME OF VITAMIN/S) and/or (NAME OF MINERAL/S)’.

CONTAINS (NAME OF THE NUTRIENT OR OTHER SUBSTANCE)

A claim that a food contains a nutrient or another substance, for which specific conditions are not laid down in this Regulation, or any claim likely to have the same meaning for the consumer, may only be made where the product complies with all the applicable provisions of this Regulation, and in particular Article 5. For vitamins and minerals the conditions of the claim ‘source of’ shall apply.

INCREASED (NAME OF THE NUTRIENT)

A claim stating that the content in one or more nutrients, other than vitamins and minerals, has been increased, and any claim likely to have the same meaning for the consumer, may only be made where the product meets the conditions for the claim ‘source of’ and the increase in content is at least 30 % compared to a similar product.

REDUCED (NAME OF THE NUTRIENT)

A claim stating that the content in one or more nutrients has been reduced, and any claim likely to have the same meaning for the consumer, may only be made where the reduction in content is at least 30 % compared to a similar product, except for micronutrients where a 10 % difference in the reference values as set in Council Directive 90/496/EEC shall be acceptable and for sodium, or the equivalent value for salt, where a 25 % difference shall be acceptable.

LIGHT/LITE

A claim stating that a product is ‘light’ or ‘lite’, and any claim likely to have the same meaning for the consumer, shall follow the same conditions as those set for the term ‘reduced’; the claim shall also be accompanied by an indication of the characteristic(s) which make(s) the food ‘light’ or ‘lite’.

NATURALLY/NATURAL

Where a food naturally meets the condition(s) laid down in this Annex for the use of a nutritional claim, the term ‘naturally/ natural’ may be used as a prefix to the claim.

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(1)  OJ L ...

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

| 1. | The Commission forwarded to Council on 17 July 2003 a proposal for a Regulation of the European Parliament and of the Council on nutrition and health claims made on foods (1). The proposal is based on Article 95 of the Treaty. |
| --- | --- |

1.

The Commission forwarded to Council on 17 July 2003 a proposal for a Regulation of the European Parliament and of the Council on nutrition and health claims made on foods (1). The proposal is based on Article 95 of the Treaty.

| 2. | The European Parliament adopted its first reading opinion on 26 May 2005 (2).
  The European Economic and Social Committee gave its opinion on 29 February 2004 (3). |
| --- | --- |

2.

The European Parliament adopted its first reading opinion on 26 May 2005 (2).

The European Economic and Social Committee gave its opinion on 29 February 2004 (3).

| 3. | On 8 December 2005, the Council adopted its common position in accordance with Article 251 of the Treaty. |
| --- | --- |

3.

On 8 December 2005, the Council adopted its common position in accordance with Article 251 of the Treaty.

II.   OBJECTIVES

The proposed Regulation covers nutrition and health claims used in the labelling, presentation and advertising of foods and aims at setting conditions for the use of such claims.

The main objectives of this proposal are:

| — | to improve the free movement of goods within the internal market, ensuring fair competition in the area of foods and increasing legal security for economic operators, |
| --- | --- |

—

to improve the free movement of goods within the internal market, ensuring fair competition in the area of foods and increasing legal security for economic operators,

| — | to achieve a high level of consumer protection by ensuring that appropriate information is received and that the claims are duly assessed, |
| --- | --- |

—

to achieve a high level of consumer protection by ensuring that appropriate information is received and that the claims are duly assessed,

| — | to promote and protect innovation in the area of foods. |
| --- | --- |

—

to promote and protect innovation in the area of foods.

III.   ANALYSIS OF THE COMMON POSITION

1.   General remarks

The Council's common position conforms to the objectives of the Commission proposal while introducing a certain number of modifications among which:

| 1. | The nutrient profiles ( recitals 9, 10 and 11, Article 4(1))

  The Council maintained the concept of nutrient profiles as an important element to ensure the efficient application of the Regulation in relation to nutrition and health claims. The original proposal was considerably developed to focus more closely on the purpose and the scope of the nutrient profiles, and the procedure to be followed to elaborate them. Adequate safeguards were introduced to accommodate concerns regarding their scientific objectivity, the preservation of different dietary habits and national traditions, and the involvement of stakeholders in the process. |
| --- | --- |

1.

The nutrient profiles ( recitals 9, 10 and 11, Article 4(1))

The Council maintained the concept of nutrient profiles as an important element to ensure the efficient application of the Regulation in relation to nutrition and health claims. The original proposal was considerably developed to focus more closely on the purpose and the scope of the nutrient profiles, and the procedure to be followed to elaborate them. Adequate safeguards were introduced to accommodate concerns regarding their scientific objectivity, the preservation of different dietary habits and national traditions, and the involvement of stakeholders in the process.

| 2. | Health claims (Articles 10, 11, 12 and13)

  The original Commission proposal envisaged the prohibition of several categories of health claims. The Council maintained the ban of some of these claims (Article 12), and, for others, stipulated that they could be used under certain conditions (referred to in Article 10(3) and in Article 13(1) (b) and (c).
  Article 13 of the common position provides that a list of certain health claims (which do not refer to disease reduction) will be adopted by the Commission within three years from the adoption of the Regulation, based on suggestions by the Member States. The scope of this Article has been widened and now includes claims referring to psychological and behavioural functions (paragraph 1 (b)) and slimming and weight control (paragraph 1(c)). Moreover, an authorisation procedure may be used for adding health claims to the list which are based on newly developed scientific data and/or include a request for the protection of proprietary data.
  As regards recommendations of or endorsements by national medical associations and health-related charities, a new Article 11 is envisaged, according to which national legislation may continue to apply in compliance with the provisions of the Treaty until such time as Community rules are adopted. |
| --- | --- |

2.

Health claims (Articles 10, 11, 12 and13)

The original Commission proposal envisaged the prohibition of several categories of health claims. The Council maintained the ban of some of these claims (Article 12), and, for others, stipulated that they could be used under certain conditions (referred to in Article 10(3) and in Article 13(1) (b) and (c).

Article 13 of the common position provides that a list of certain health claims (which do not refer to disease reduction) will be adopted by the Commission within three years from the adoption of the Regulation, based on suggestions by the Member States. The scope of this Article has been widened and now includes claims referring to psychological and behavioural functions (paragraph 1 (b)) and slimming and weight control (paragraph 1(c)). Moreover, an authorisation procedure may be used for adding health claims to the list which are based on newly developed scientific data and/or include a request for the protection of proprietary data.

As regards recommendations of or endorsements by national medical associations and health-related charities, a new Article 11 is envisaged, according to which national legislation may continue to apply in compliance with the provisions of the Treaty until such time as Community rules are adopted.

| 3. | The scope of nutrition claims (recital 5, Article 2(4), Article 27(4))

  While the original proposal did not foresee the use of symbols/signposting as nutrition claims, the Council has examined this question in detail, being confronted with growing demands regarding the use of both positive and negative signposting on the nutritional status of a food (to be placed, for example, on supermarket shelves). As a result, the common position clarifies that the proposed Regulation only applies to beneficial claims, while claims referring to a non-beneficial effect of the food will not be covered. In this respect, it is stated that Member States intending to introduce national schemes relating to non-beneficial claims should notify these schemes to the Commission and to Member States in accordance with Directive 98/34/EC (recital 5).
  Furthermore, in order to take account of certain nutrition claims in pictorial, graphic or symbolic form used in several Member States, a transitional arrangement has been introduced in Article 27(4), which provides that national rules and criteria for the use of logos and symbols shall be authorised, if complying with the general principles of the Regulation. |
| --- | --- |

3.

The scope of nutrition claims (recital 5, Article 2(4), Article 27(4))

While the original proposal did not foresee the use of symbols/signposting as nutrition claims, the Council has examined this question in detail, being confronted with growing demands regarding the use of both positive and negative signposting on the nutritional status of a food (to be placed, for example, on supermarket shelves). As a result, the common position clarifies that the proposed Regulation only applies to beneficial claims, while claims referring to a non-beneficial effect of the food will not be covered. In this respect, it is stated that Member States intending to introduce national schemes relating to non-beneficial claims should notify these schemes to the Commission and to Member States in accordance with Directive 98/34/EC (recital 5).

Furthermore, in order to take account of certain nutrition claims in pictorial, graphic or symbolic form used in several Member States, a transitional arrangement has been introduced in Article 27(4), which provides that national rules and criteria for the use of logos and symbols shall be authorised, if complying with the general principles of the Regulation.

The Commission has accepted the common position agreed by the Council.

2.   European Parliament amendments

In its Plenary vote on 26 May 2005, the European Parliament adopted 75 amendments to the proposal (Amendments 22 and 23 are linguistic and do not affect the English version).

The Council:

| (a) | introduced in the common position 35 amendments in full, in part or in principle, as follows:
  Recitals

  Amendment 1 (recital 1(new)) and Amendment 10 (recital 19): are partly taken up in recital 10, last sentence, focusing on nutrient profiles and the conditions for their use. The recital specifically refers to the variability of dietary habits and traditions, and to the fact that individual products may have an important role in the context of an overall diet.

  Amendment 2 (recital 3a (new)): is accepted in part in recital 4, where it is clarified that the Regulation should not apply to claims made in non-commercial communications such as dietary guidelines or advice issued by public health authorities and bodies, or non-commercial communication and information in the press and scientific publications.

  Amendment 4 (recital 7): is accepted in substance and in part in recital 11. In particular, it is specified that the advice of the European Food Safety Authority will be taken into account by the Commission, when drawing up the nutrient profiles and the related applicable measures.

  Amendment 6 (recital 13) and Amendment 7 (recital 15): have been slightly reformulated and inserted in recitals 20 and 23 respectively.

  Amendment 8 (recital 16): the common position integrates part of this amendment, in substance, in recital 24 and in Article 13. In practice, it is considered that while the reference to the rate or amount of weight loss should be prohibited, as envisaged in the original proposal, the claims making reference to slimming, weight-control, or to the reduction of the available energy from the diet could be made if based on generally accepted scientific data and if well understood by the average consumer.

  Amendment 9 (recital 17): is acceptable in part and has been integrated in recital 25.

  Amendment 12 (recital 22): is inserted, with a slight reformulation, in recital 30.

  Amendment 14 (recital 26): is acceptable in its first part, introduced in recital 33.
  Articles

  Amendment 16 (Article 1(2)): taken up in part in Article 1(2) while the proposed exemption of products sold in bulk and of fruits and vegetables from the scope of the Regulation can not be supported by the Council.

  Amendment 17 (Article 1(3a) new): partly taken up in Article 1(4).

  Amendments 20 and 21 (Article 2(1)): fully taken up in Article 2.

  Amendments 26 and 27 (Article 3(2)(a) and (c)): fully taken up in Article 3.

  Amendment 28 (Article 3(2)(da) new)): first part is reflected in Article 3 second indent point (c), while the second part is covered in substance by the following point (d).

  Amendment 30 (Article 5(1)(a)): first part is now integrated in Article 5(1)(a).

  Amendments 31, 32 and 33 (Article 5(1)(b), (c) and (d)): fully taken up as suggested.

  Amendment 36 (Article 7): the first part of this Amendment has been inserted in recital 10. The reference to food supplements and Directive 2002/46/EC (which requires, among others, that the amounts of nutrients or other substances declared shall be those per portion of the product as recommended for daily consumption on the labelling) can be found in Article 7 third paragraph.

  Amendments 41 and 91 (Article 11, title): are fully incorporated as proposed.

  Amendment 42 (Article 11(1)): this amendment has been taken up, partly and in principle, in the common position. In practice, some of the health claims originally proposed for a restriction under Article 11 (notably in paragraph 1(a), (b), part of (c), and part of (d) of the original proposal) have been removed from that Article and are now referred to either in Article 10(3) where they can be used under specific conditions), in Article 11 (where national rules may apply in absence of relevant Community rules) or in Article 13(1)(b) and (c) where they are eligible for inclusion in the list of health claims if they are based on generally accepted scientific data and well understood by the average consumer.

  Amendments 43 and 93 (Article 11(2): these amendments are agreed in substance and can be found in Article 10(4).

  Amendment 44 (Article 12(1)): taken up in part, as regards the deletion of the term ‘normal’ in Article 13(1) and with respect to the need to properly substantiate the claim in Article 13(2) where the need to refer to the relevant scientific justification is now referred to.

  Amendment 45 (Article 12(2)first indent): taken up in part and in principle in Article 13(5), whereby it is possible to include health claims into the approved list following an application for authorisation by interested parties.

  Amendment 50 (Article 14(2)(b): fully incorporated in Article 15(3)(b).

  Amendment 51 (Article 14(2)(e)): agreed in part, notably as regards the deletion of the obligation to provide a proposed wording in all Community languages. As regards illustrative measures for SMEs, it is pointed out that implementing rules for the application of Article 15, including those concerning the preparation and the presentation of the application are envisaged in paragraph 4 of that Article. In addition, Article 15(5) foresees that detailed guidelines to assist applicants will be issued by the Authority before the date of application of the Regulation.

  Amendment 57 (Article 15(1)): partly taken up as regards the time limit envisaged for the Authority to give its opinion, which has been extended to six months.

  Amendment 61 (Article 15(4)(c)): agreed in principle, the reference to all Community languages has been deleted, as envisaged by the Amendment.

  Amendment 62 (Article 15(4a new): agreed in part and in principle. Article 16(6) of the common position specifically envisages that the applicant may make comments to the Commission on the opinion of the Authority within 30 days of its publication. Article 17(1) provides that the opinion of the Authority and other legitimate factors relevant to the matter will be taken into account by the Commission in its draft decision.

  Amendment 72 (Article 26): concerning transitional measures for products already on the market and for health claims already in use, has been largely taken up in substance. A new Article 27 is now entirely dedicated to the transitional measures applicable, including the case of foods already placed on the market, products bearing trade marks or brand names existing before 1 January 2005, and existing nutrition claims and health claims; |
| --- | --- |

(a)

introduced in the common position 35 amendments in full, in part or in principle, as follows:

Recitals

Amendment 1 (recital 1(new)) and Amendment 10 (recital 19): are partly taken up in recital 10, last sentence, focusing on nutrient profiles and the conditions for their use. The recital specifically refers to the variability of dietary habits and traditions, and to the fact that individual products may have an important role in the context of an overall diet.

Amendment 2 (recital 3a (new)): is accepted in part in recital 4, where it is clarified that the Regulation should not apply to claims made in non-commercial communications such as dietary guidelines or advice issued by public health authorities and bodies, or non-commercial communication and information in the press and scientific publications.

Amendment 4 (recital 7): is accepted in substance and in part in recital 11. In particular, it is specified that the advice of the European Food Safety Authority will be taken into account by the Commission, when drawing up the nutrient profiles and the related applicable measures.

Amendment 6 (recital 13) and Amendment 7 (recital 15): have been slightly reformulated and inserted in recitals 20 and 23 respectively.

Amendment 8 (recital 16): the common position integrates part of this amendment, in substance, in recital 24 and in Article 13. In practice, it is considered that while the reference to the rate or amount of weight loss should be prohibited, as envisaged in the original proposal, the claims making reference to slimming, weight-control, or to the reduction of the available energy from the diet could be made if based on generally accepted scientific data and if well understood by the average consumer.

Amendment 9 (recital 17): is acceptable in part and has been integrated in recital 25.

Amendment 12 (recital 22): is inserted, with a slight reformulation, in recital 30.

Amendment 14 (recital 26): is acceptable in its first part, introduced in recital 33.

Articles

Amendment 16 (Article 1(2)): taken up in part in Article 1(2) while the proposed exemption of products sold in bulk and of fruits and vegetables from the scope of the Regulation can not be supported by the Council.

Amendment 17 (Article 1(3a) new): partly taken up in Article 1(4).

Amendments 20 and 21 (Article 2(1)): fully taken up in Article 2.

Amendments 26 and 27 (Article 3(2)(a) and (c)): fully taken up in Article 3.

Amendment 28 (Article 3(2)(da) new)): first part is reflected in Article 3 second indent point (c), while the second part is covered in substance by the following point (d).

Amendment 30 (Article 5(1)(a)): first part is now integrated in Article 5(1)(a).

Amendments 31, 32 and 33 (Article 5(1)(b), (c) and (d)): fully taken up as suggested.

Amendment 36 (Article 7): the first part of this Amendment has been inserted in recital 10. The reference to food supplements and Directive 2002/46/EC (which requires, among others, that the amounts of nutrients or other substances declared shall be those per portion of the product as recommended for daily consumption on the labelling) can be found in Article 7 third paragraph.

Amendments 41 and 91 (Article 11, title): are fully incorporated as proposed.

Amendment 42 (Article 11(1)): this amendment has been taken up, partly and in principle, in the common position. In practice, some of the health claims originally proposed for a restriction under Article 11 (notably in paragraph 1(a), (b), part of (c), and part of (d) of the original proposal) have been removed from that Article and are now referred to either in Article 10(3) where they can be used under specific conditions), in Article 11 (where national rules may apply in absence of relevant Community rules) or in Article 13(1)(b) and (c) where they are eligible for inclusion in the list of health claims if they are based on generally accepted scientific data and well understood by the average consumer.

Amendments 43 and 93 (Article 11(2): these amendments are agreed in substance and can be found in Article 10(4).

Amendment 44 (Article 12(1)): taken up in part, as regards the deletion of the term ‘normal’ in Article 13(1) and with respect to the need to properly substantiate the claim in Article 13(2) where the need to refer to the relevant scientific justification is now referred to.

Amendment 45 (Article 12(2)first indent): taken up in part and in principle in Article 13(5), whereby it is possible to include health claims into the approved list following an application for authorisation by interested parties.

Amendment 50 (Article 14(2)(b): fully incorporated in Article 15(3)(b).

Amendment 51 (Article 14(2)(e)): agreed in part, notably as regards the deletion of the obligation to provide a proposed wording in all Community languages. As regards illustrative measures for SMEs, it is pointed out that implementing rules for the application of Article 15, including those concerning the preparation and the presentation of the application are envisaged in paragraph 4 of that Article. In addition, Article 15(5) foresees that detailed guidelines to assist applicants will be issued by the Authority before the date of application of the Regulation.

Amendment 57 (Article 15(1)): partly taken up as regards the time limit envisaged for the Authority to give its opinion, which has been extended to six months.

Amendment 61 (Article 15(4)(c)): agreed in principle, the reference to all Community languages has been deleted, as envisaged by the Amendment.

Amendment 62 (Article 15(4a new): agreed in part and in principle. Article 16(6) of the common position specifically envisages that the applicant may make comments to the Commission on the opinion of the Authority within 30 days of its publication. Article 17(1) provides that the opinion of the Authority and other legitimate factors relevant to the matter will be taken into account by the Commission in its draft decision.

Amendment 72 (Article 26): concerning transitional measures for products already on the market and for health claims already in use, has been largely taken up in substance. A new Article 27 is now entirely dedicated to the transitional measures applicable, including the case of foods already placed on the market, products bearing trade marks or brand names existing before 1 January 2005, and existing nutrition claims and health claims;

| (b) | did not include 38 amendments in the common position.
  With respect to Amendments 3, 5, 11, 85, 24, 25, 29, 34, 35, 39,40, 46, 47, 48, 49, 53, 55, 56, 58, 60, 63, 64, 65, 66, 68, 69, 96, 70, the Council followed the position expressed by the Commission.
  As regards Amendment 85 (Article 1(1a new)), exempting trade marks from the scope of the Regulation, it can be pointed out that a 10-year transitional period is envisaged in Article 27(2) for existing products bearing trade marks or brand names which do not comply with the Regulation.
  In relation to Amendments 13, 15, 18, 37, 38, 52, 54, 59, 67 and 71, accepted in part or in principle by the Commission but not included in the common position, the following considerations can be made:
  Amendment 13
  The Council notes that the text of the common position already provides for the consultation of stakeholders in the process of implementing the proposed Regulation (as in Article 4(1) fifth subparagraph or in Article 10(4)) and takes in due consideration the needs of the European food industry. The promotion of innovation, for example, is underlined among others in recitals 10 and 31 and in Article 13(5) (on health claims other than those referring to the reduction of disease risk where data protection is required). Article 27(new) elaborates detailed transitional measures for existing products and for nutrition and health claims already in use.
  Amendment 15
  The suggested recital is considered inappropriate because it does not correspond to any substantial provision in the text of the proposed Regulation. The fact that information campaigns on nutrition issues and healthy eating habits can play an important role to prevent obesity and related diseases is not put in question by the Council.
  Amendment 18
  The Council considers that food supplements fall entirely within the scope of the proposed Regulation and therefore does not support this Amendment. Specific labelling requirements in the case of food supplements are referred to in Article 7 third indent.
  Amendment 37
  The obligatory involvement of consumer panels whenever the list of nutrition claims, in Annex to the Regulation, is amended, is likely to entail an additional burden, in terms of timing and costs, on the process of adapting the Annex. It is considered that Article 5(2) of the common position, listing the general conditions applicable to all claims, is sufficiently clear in this respect as it stipulates that ‘the use of nutrition and health claims shall only be permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim’.
  Amendment 38
  The suggestion to allow comparative nutrition claims between foods of different categories was not taken up in the common position because questions were raised as regards the possible consequences on the clarity and scientific objectivity of information directed at consumers.
  Amendment 52
  In the opinion of the Council, the proposed additional requirement for a sample of the proposed food packaging on which the claim is to be made, at an early stage of the authorisation procedure, would imply an additional cost for the applicant without commensurate benefit. It is also noted that Article 25 provides that a model of the label used for the product may be requested by the Member States to the manufacturer or the person responsible for the placing on the market, for monitoring purposes.
  Amendment 54
  The Council considers that, in order to simplify the overall process of authorisation, several requirements have already been streamlined (e.g. language requirements). Moreover, Article 15(4) and (5) provides that, in relation to the preparation and presentation of the application, the Commission and the Authority will respectively establish implementing rules and detailed guidance to assist applicants.
  Amendment 59
  The Council preferred to maintain the original text of the proposal, with a slight modification, because it is more accurate in describing the role and the competencies of the Authority in the evaluation of the applications.
  Amendment 67
  The Council considers that the suggested period of three months for the Commission to examine the opinion of the Authority would not add clarity to the text. It is noted that, according to Article 18(2) of the common position, the opinion of the Authority should be examined together with any comments received from the applicants or members of the public, for which a period of 30 days following the opinion of the Authority isenvisaged. Moreover Article 17(1) on the procedure to be used already establishes detailed deadlines in this respect.
  Amendment 71
  The Council considers that the suggested period of three years for the Commission to present a report on the application of the proposed Regulation is not appropriate, given that several of its basic aspects (such as the nutrient profiles or the list of permitted health claims) will not yet be implemented at that moment in time.
  As regards the second part of the Amendment, asking to examine, in particular, the problems encountered in the application of Article 1(4a) (new) (Amendment 85) on the exemption of products bearing trade marks, it is recalled that, according to Article 27 of the common position, such products may continue to be marketed, even if not in compliance with the Regulation, for a time period of 10 years. The current wording of Article 26 leaves open the possibility, for the Commission, to examine this question in its evaluation of the application of the Regulation of the market evolution for the products concerned and of the consumer's understanding of claims. |
| --- | --- |

(b)

did not include 38 amendments in the common position.

With respect to Amendments 3, 5, 11, 85, 24, 25, 29, 34, 35, 39,40, 46, 47, 48, 49, 53, 55, 56, 58, 60, 63, 64, 65, 66, 68, 69, 96, 70, the Council followed the position expressed by the Commission.

As regards Amendment 85 (Article 1(1a new)), exempting trade marks from the scope of the Regulation, it can be pointed out that a 10-year transitional period is envisaged in Article 27(2) for existing products bearing trade marks or brand names which do not comply with the Regulation.

In relation to Amendments 13, 15, 18, 37, 38, 52, 54, 59, 67 and 71, accepted in part or in principle by the Commission but not included in the common position, the following considerations can be made:

Amendment 13

The Council notes that the text of the common position already provides for the consultation of stakeholders in the process of implementing the proposed Regulation (as in Article 4(1) fifth subparagraph or in Article 10(4)) and takes in due consideration the needs of the European food industry. The promotion of innovation, for example, is underlined among others in recitals 10 and 31 and in Article 13(5) (on health claims other than those referring to the reduction of disease risk where data protection is required). Article 27(new) elaborates detailed transitional measures for existing products and for nutrition and health claims already in use.

Amendment 15

The suggested recital is considered inappropriate because it does not correspond to any substantial provision in the text of the proposed Regulation. The fact that information campaigns on nutrition issues and healthy eating habits can play an important role to prevent obesity and related diseases is not put in question by the Council.

Amendment 18

The Council considers that food supplements fall entirely within the scope of the proposed Regulation and therefore does not support this Amendment. Specific labelling requirements in the case of food supplements are referred to in Article 7 third indent.

Amendment 37

The obligatory involvement of consumer panels whenever the list of nutrition claims, in Annex to the Regulation, is amended, is likely to entail an additional burden, in terms of timing and costs, on the process of adapting the Annex. It is considered that Article 5(2) of the common position, listing the general conditions applicable to all claims, is sufficiently clear in this respect as it stipulates that ‘the use of nutrition and health claims shall only be permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim’.

Amendment 38

The suggestion to allow comparative nutrition claims between foods of different categories was not taken up in the common position because questions were raised as regards the possible consequences on the clarity and scientific objectivity of information directed at consumers.

Amendment 52

In the opinion of the Council, the proposed additional requirement for a sample of the proposed food packaging on which the claim is to be made, at an early stage of the authorisation procedure, would imply an additional cost for the applicant without commensurate benefit. It is also noted that Article 25 provides that a model of the label used for the product may be requested by the Member States to the manufacturer or the person responsible for the placing on the market, for monitoring purposes.

Amendment 54

The Council considers that, in order to simplify the overall process of authorisation, several requirements have already been streamlined (e.g. language requirements). Moreover, Article 15(4) and (5) provides that, in relation to the preparation and presentation of the application, the Commission and the Authority will respectively establish implementing rules and detailed guidance to assist applicants.

Amendment 59

The Council preferred to maintain the original text of the proposal, with a slight modification, because it is more accurate in describing the role and the competencies of the Authority in the evaluation of the applications.

Amendment 67

The Council considers that the suggested period of three months for the Commission to examine the opinion of the Authority would not add clarity to the text. It is noted that, according to Article 18(2) of the common position, the opinion of the Authority should be examined together with any comments received from the applicants or members of the public, for which a period of 30 days following the opinion of the Authority isenvisaged. Moreover Article 17(1) on the procedure to be used already establishes detailed deadlines in this respect.

Amendment 71

The Council considers that the suggested period of three years for the Commission to present a report on the application of the proposed Regulation is not appropriate, given that several of its basic aspects (such as the nutrient profiles or the list of permitted health claims) will not yet be implemented at that moment in time.

As regards the second part of the Amendment, asking to examine, in particular, the problems encountered in the application of Article 1(4a) (new) (Amendment 85) on the exemption of products bearing trade marks, it is recalled that, according to Article 27 of the common position, such products may continue to be marketed, even if not in compliance with the Regulation, for a time period of 10 years. The current wording of Article 26 leaves open the possibility, for the Commission, to examine this question in its evaluation of the application of the Regulation of the market evolution for the products concerned and of the consumer's understanding of claims.

3.   Other innovations introduced by the Council

Other innovations introduced in the common position include:

| — | alcoholic beverages: the general prohibition in the use of claims in the case of alcoholic beverages, with the exception of claims that refer to a reduction in alcohol or in energy content, has been maintained in Article 4(3). In addition, it has been clarified in Article 4(4) that, in the absence of specific Community rules regarding such claims used in beverages which normally contain alcohol, relevant national rules may apply in compliance with the provisions of the Treaty; |
| --- | --- |

—

alcoholic beverages: the general prohibition in the use of claims in the case of alcoholic beverages, with the exception of claims that refer to a reduction in alcohol or in energy content, has been maintained in Article 4(3). In addition, it has been clarified in Article 4(4) that, in the absence of specific Community rules regarding such claims used in beverages which normally contain alcohol, relevant national rules may apply in compliance with the provisions of the Treaty;

| — | commercial brand names or trade marks: the use of commercial brand names or trademarks which could at the same time be considered as claims and fall under the scope of the proposed Regulation because of their representation or wording, has been addressed in Article 1(3). This new provision allows such brand-names or trademarks to be used without undergoing an authorisation procedure, provided that they are accompanied by a related nutrition or health claim in the labelling, presentation or advertising, which complies with the provisions of this Regulation. |
| --- | --- |

—

commercial brand names or trade marks: the use of commercial brand names or trademarks which could at the same time be considered as claims and fall under the scope of the proposed Regulation because of their representation or wording, has been addressed in Article 1(3). This new provision allows such brand-names or trademarks to be used without undergoing an authorisation procedure, provided that they are accompanied by a related nutrition or health claim in the labelling, presentation or advertising, which complies with the provisions of this Regulation.

| — | In order to accommodate concerns regarding the application of the Regulation to existing trade marks and brand names, a 10-year transitional period has been introduced for brand names or trade marks in use before the 1 January 2005, after which they should comply with the Regulation (Article 27(2)). |
| --- | --- |

—

In order to accommodate concerns regarding the application of the Regulation to existing trade marks and brand names, a 10-year transitional period has been introduced for brand names or trade marks in use before the 1 January 2005, after which they should comply with the Regulation (Article 27(2)).

Annex

The conditions for the use of the nutrition claims contained in the Annex to the Regulation have been modified to take into account, in particular, recent technical and scientific developments in this field.

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(1)  Doc. COM/2003/ 0424 final – COD 2003/0165.

(2)  Doc. 9200/05.

(3)  OJ C 112, 30.4.2004, p. 44.

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