Proposal for a European Parliament and Council Directive amending Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (94/C 108/07) (Text with EEA relevance) COM(94) 97 final - 94/0076(COD)

(Submitted by the Commission on 28 March 1994)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty establishing the European Community,

Whereas Article 4 of Council Directive 89/398/EEC of 3 May 1988 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (1), provides that specific provisions applicable to the groups of foods appearing in Annex I shall be laid down by means of specific Commission Directives;

Whereas to date such a Directive relating to infant formulae and follow-on formulae has been adopted; whereas there are reasons relating to public health for adopting specific provisions, in accordance with Article 4 of Directive 89/398/EEC, for cereal based foods and baby foods intended for infants and young children, foods for weight control diets and foods for special medical purposes foreseen in Annex I to the said Directive;

Whereas the same imperative reasons for adopting specific provision for the other groups listed in Annex I to Directive 89/398/EEC namely low-sodium foods, including low-sodium or sodium-free dietary salts, gluten-free foods, foods intended to meet the expenditure of intense muscular effort, especially for sportsmen and foods for persons suffering from carbohydrate metabolism disorders (diabetes) cannot be put forward; whereas such products can be adequately marketed and be efficiently monitored officially under the general provisions of Directive 89/398/EEC.

Whereas the deletion of these categories from Annex I to Directive 89/398/EEC would be in line with the desirability to avoid unnecessarily detailed legislation;

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 83/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses is hereby replaced by the following:

'ANNEX I

Groups of foods for particular nutritional uses for which specific provisions will be laid down by specific directives (1)

1. Infant formulae and follow-on formulae

2. Cereal-based foods and baby foods

3. Food intended for weight control diets

4. Dietary foods for special medical purposes.

(1) It is understood that products already on the market when the Directive is adopted will not be affected by it`.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. Those provisions shall be applied in such a way as to:

- permit trade in products complying with this Directive by . . . (2),

- prohibit trade in products not complying with this Directive by . . . (3).

2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 3

This Directive is addressed to the Member States.

(1) OJ No L 186, 30. 6. 1989, p. 27.

(2) 12 months following adoption.

(3) 24 months following adoption.