Proposal for a COUNCIL DIRECTIVE on infant formulae and follow­on formulae intended for export to third countries
Date: 1991-11-14
Institutions: European Commission
Subjects: baby food, export, labelling, marketing standard, third country

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(91) 441 final 

Brussels,14  November  1991 

Proposal for a 

COUNCIL DIRECTIVE 

on infant  formulae and follow-on  formulae 

intended  for export to third  countries 

Proposal  for a 

COUNCIL RESOLUTION 

on the marketing practices for breast-milk substitutes in 

developing  countries by Community-based  manufacturers 

(presented by the Commission) 

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EXPLANATORY  MEMORANDUM 

In conformity  with article 4 of Council  Directive 89/398/EEC on  the 

approximation of  the  laws of  the Member  States relating  to  foodstuffs 
Intended  for particular  nutritional  u s e s( 1),  Commission  Directive 

91/321/EEC(2) on  Infant  formulae  and  follow-on formulae was  adopted 

on  14.5.1991. This Commission  Directive  lays down, amongst  others, 

provisions  relating  to the composition  and  the  labelling of  these  products. 

Given  the section of  the population  for which  these products are  intended, 

It  is felt  that  the abovementioned particular  rules should  also apply  to 

products  Intended  for export  to third  countries. 

Taking  into account  the framework of Community  legislation within  which 

these  rules have  to be adopted  and  for  the sake of coherence, all  the 

abovementIoned  rules applicable  to products  Intended  for export  to third 

countries are  Included  In one  legal  measure. 

Commission  Directive 91/321/EEC  lays down  in addition  provisions  relating 

to advertising  and other  marketing practices. The Community  cannot  regulate 

such practices  taking  place  In third  countries nor  indeed  can  effectively 

control  them.  In relation  to this point  however  it should  be noted  that  a 

proposal  for  a Council  resolution  relating  to marketing  practices  for 

breast  milk substitutes  in developing  countries by Community  based 

manufacturers  is also being  put  forward  by  the  Commission. 

(1) O.J. N° L 186 Of  30.6.1989, p. 27 

(2) O.J. N° L  175 of  4.7.1991, p. 35 

-  3 -

Proposal  for a 

CounclI Directive 

on  Infant  formulae and  follow-on formulae 

Intended  for export  to third countries. 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES 

Having  regard  to the Treaty establishing  the European Economic community 

and  In particular  Article  113 thereof, 

Having  regard  to the proposal  from the Commission*1), 

Whereas Community  rules concerning  Infant  formulae and  follow-on  formulae 

are  la id-down  In Commission  directive 91/321/EEC*2* ; 

Whereas given  the nature of  the products  In question  It  Is desirable that 

Community  rules or  International  standards relating  to their  composition 

are made applicable  to such products  Intended  for export  to third 

countries ; 

Whereas  In order  to prevent  Inappropriate use of these products which could 

prejudice  the health of  Infants  it  is also desirable  to extend  the 

application of  the Community  rules on  labelling of  Infant  formulae and 

follow-on formulae  to those products  intended  for export  to third 

countrles, 

HAS ADOPTED THIS DIRECTIVE : 

Article 1 

This Directive concerns  Infant  formulae and  follow-on formulae as defined 

by article 1.2.c. and d of Directive 91/321/EEC  Intended  for export  to 

third  countries. 

(1) 

(2) O.J. N° L 175 Of 4.7.1991, p. 35 

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Article 2 

The products referred  to  In article 1 must be  In conformity : 

a)  with  the provisions of articles 3, 4, 5 and 6 of Directive 91/321/EEC 

or with  relevant  applicable world standards established by Codex 

Allmentarlus ; 

b)  with the provisions of article 7 paragraphs 2 to 6 of Directive 

91/321/EEC 

unless otherwise requested or stipulated  by provisions established by the 

importing country. 

Article  3 

Member  States shall  take the necessary measures to comply with  this 

Directive. They shall  forthwith  Inform the Commission  thereof. Those 

measures shall  be applied  In such a way as to : 

permit exports of products complying with this Directive, by 1 

December  1992 ; 

prohibit exports of products which do not comply with this Directive, 

with effect  from 1 June 1994. 

When Member  States adopt  these provisions, they 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 the Member States. 

Article  4 

This Directive  Is addressed  to the Member States. 

Done at 

For  the Council 

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Proposal  for a 

COUNCIL RESOLUTION 

on the marketing practices for breast-milk substitutes In 

developing countries by Community-based manufacturers. 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty establishing  the European Economic  Community, 

Whereas Council  Directive  .../.../EEC on  Infant  formulae and follow-on 

formulae  Intended  for export  to third countries render applicable  to such 

products a number  of Community  provisions relating to the composition and 

the  labelling of  Infant  formulae and  follow-on formulae; 

Whereas  in May  1981  the 34th World Health Assembly  adopted as a 

recommendation  the  International Code of Marketing of Breast-milk 

Substitutes; 

Whereas a considerable volume of  these products are sold  to developing 

countries by Community-based manufacturers; 

Whereas  it  is considered  very  Important  that marketing practices  In 

developing  countries should not discourage mothers from breastfeeding; 

Whereas  the application of  the  International  Code provides without  doubt an 

excellent way  to achieve  this  In these countries; 

Whereas the Community  cannot  legislate for  these countries; 

Whereas  the Community  can offer  an effective support  to the competent 

authorities of  these countries  In their  efforts to apply  the  International 

Code  In their  territory, 

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HAS ADOPTED THE FOLLOWING RESOLUTION : 

1.  The Community  will  contribute,  In so far as  It  is able, to the 

application of appropriate marketing practices for breast-milk 

substitutes  In developing countries. 

2. 

For  the  Implementation of point  1, the Commission will  instruct  Its 

delegations  In the developing countries to serve as contact  points for 

the competent  authorities.  Any complaints or crIt is Isms with respect 

to the marketing practices of a manufacturer  based  in the Community 

could be notified  to them. 

3.  The Commission will  be ready  to examine such cases and to assist  In 

the search  for a satisfactory solution for all parties concerned. 

4.  This resolution shall  be communicated  by the Commission  to the 

countries concerned  through  the official  channels. 

ISSN 0254-1475 

COM(91) 441 final 

DOCUMENTS 

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15 

Catalogue number : CB-ÇO-91-488-EN-C 

ISBN 92-77-77157-7 

OfQce for Official Publications of the European Communities 
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