Commission Directive 98/36/EC of 2 June 1998 amending Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children (Text with EEA relevance)
Date: 1998-06-02
Institutions: European Commission
Subjects: baby food, cereal product, food hygiene, labelling, marketing standard, nutrition

12. 6. 98

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EN

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Official Journal of the European Communities

L 167/23

COMMISSION DIRECTIVE 98/36/EC

of 2 June 1998

amending Directive 96/5/EC on processed cereal-based foods and baby foods for
infants and young children

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty establishing the European
Community,

Having regard to 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 nutri-
tional uses (1), as amended by Directive 96/84/EC of the
European Parliament and of the Council (2), and in par-
ticular Article 4(1) thereof,

After consulting the Scientific Committee for Food on
the provisions liable to affect public health;

Whereas the essential compositional criteria for processed
cereal-based foods and baby foods are specified in
Annexes I and II respectively to Commission Directive
96/5/EC (3);

Whereas, because of the particular nutrient composition
and chemical, physical and organoleptic properties of
cheese, if products made of cheese and other ingredients
were made to meet the protein requirements laid down in
Annex II to Directive 96/5/EC, they would have too high
a fat content and be unpalatable to infants and young
children;

Whereas therefore the protein requirement
products should be redefined;

for

those

Whereas the diverse culinary habits in the Community
have resulted in the marketing of sauces used as accom-
paniment to a meal which are organoleptically important
in nutrient contribution; whereas
but not
therefore these sauces should be exempt from the protein
requirements in Annex II;

significant

Whereas maximum levels for some substances added for
nutritional purposes are laid down in the Annexes to
Directive 96/5/EC; whereas Article 5 of Directive
96/5/EC provides that maximum levels, in addition to
those already stipulated, should be laid down where
necessary;

Whereas Directive 96/5/EC should be amended accord-
ingly;

Whereas the measures provided in this Directive are in
accordance with the opinion of the Standing Committee
on Foodstuffs,

(1) OJ L 186, 30. 6. 1989, p. 27.
(2) OJ L 48, 19. 2. 1997, p. 20.
(3) OJ L 49, 28. 2. 1996, p. 17.

Article 1

The Annexes to Directive 96/5/EC are amended as shown
in the Annex to this Directive.

Article 2

Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with
this Directive not later than 31 December 1998. They
shall forthwith inform the Commission thereof. Those
laws, regulations and administrative provisions shall be
applied in such a way as to:

— permit trade in products conforming to this Directive

no later than 1 January 1999,

— prohibit trade in products which do not comply with
this Directive with effect from 1 January 2000.

When Member States adopt these provisions, they shall
contain a reference to this Directive or shall be accom-
panied by such reference at the time of their official pub-
lication. The procedure for
such reference shall be
adopted by Member States.

Article 3

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of
the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 2 June 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

L 167/24

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EN

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Official Journal of the European Communities

12. 6. 98

ANNEX

The Annexes to the Directive 96/5/EC are amended as follows:

1.

In Annex II, section 1, the following shall be inserted:

‘1.3a. If cheese is mentioned together with other ingredients in the name of a savoury product, whether

or not the product is presented as a meal, then:

— the protein from the dairy sources shall not be less than 0,5 g/100 kJ (2,2 g/100 kcal),

— the total protein in the product from all sources shall not be less than 0,7 g/100 kJ (3 g/100

kcal).’

‘1.4a. Sauces presented as an accompaniment to a meal are exempt from the requirements of sections 1.1

to 1.4 inclusive.

1.4b. Sweet dishes that mention dairy products as the first or only ingredient in the name shall contain
not less than 2,2 g dairy protein/100 kcal. All other sweet dishes are exempt from the requirements
in 1.1 to 1.4.’

2. The following Annex VI is added:

‘ANNEX VI

Maximum limits for vitamins, minerals and trace elements, if added, in processed cereal-
based foods and baby foods intended for infants and young children

The requirements concerning nutrients refer to the products ready for use, marketed as such or reconsti-
tuted as instructed by the manufacturer, except for potassium and calcium for which the requirements
refer to the product as sold.

Nutrient

Maximum per 100 kcal

Vitamin A (lg RE)

Vitamin E (mg a-TE)

Vitamin C (mg)

Thiamin (mg)

Riboflavin (mg)

Niacin (mg NE)

Vitamin B6 (mg)
Folic acid (lg)
Vitamin B12 (lg)

Pantothenic acid (mg)
Biotin (lg)

Potassium (mg)

Calcium (mg)

Magnesium (mg)

Iron (mg)

Zinc (mg)
Copper (lg)
Iodine (lg)

Manganese (mg)

180 (1)

3

12,5/25 (2)/125 (3)

0,25/0,5 (4)

0,4

4,5

0,35

50

0,35

1,5

10

160

80/180 (5)/100 (6)

40

3

2

40

35

0,6

(1) In accordance with the provisions of Annexes I and II.
(2) Limit applicable to products fortified with iron.
(3) Limit applicable to fruit-based dishes, fruit juices, nectars and vegetable juices.
(4) Limit applicable to processed cereal-based foods.
(5) Limit applicable to products mentioned in Article 1(2)(a)(i) and (ii).
(6) Limit applicable to products mentioned in Article 1(2)(a)(iv).’