Directive 1999/41/EC of the European Parliament and of the Council of 7 June 1999 amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses
Date: 1999-06-07
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, baby food, dietary product, foodstuff

L 172/38

EN

Official Journal of the European Communities

8. 7. 1999

DIRECTIVE 1999/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 June 1999

amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to
foodstuffs intended for particular nutritional uses

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 (1),

Having regard to the opinion of the Economic and Social
Committee (2),

(4) Whereas the deletion of those categories from Annex I
to Directive 89/398/EEC would be in line with the
efforts being made to avoid unnecessarily detailed legis-
lation;

(5) Whereas it is not clear whether an adequate basis exists
for specific provisions to be adopted for the group
to Directive 89/
mentioned in point 9 of Annex I
398/EEC, namely the group of
foods intended for
persons suffering from carbohydrate-metabolism disor-
ders (diabetes);

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), in the light of the joint text approved by
the Conciliation Committee on 18 March 1999,

(6) Whereas therefore advice should be obtained from, inter
alia, the Scientific Committee for Food before a final
decision is taken on the question;

(1) Whereas Article 4 of Directive 89/398/EEC (4) provides
that specific provisions applicable to the groups of foods
appearing in Annex I thereto are to be laid down by
means of specific Directives;

(7) Whereas it is still possible to harmonize at Community
level rules applicable to other groups of foodstuffs for
particular nutritional uses, in the interest of consumer
protection and the free movement of such foodstuffs,

infant

formulae and follow-on formulae (5),

(2) Whereas to date specific Directives have been adopted
for
for
processed cereal-based foods and baby foods intended
for infants and young children (6) and for foods intended
for use in energy-restricted diets for weight reduction (7);
whereas there are reasons relating to public health for
adopting specific provisions, in accordance with Article
4 of Directive 89/398/EEC, for dietary foods for special
medical purposes and foods intended to meet the expen-
diture of
for
sportsmen, as referred to in Annex I to that Directive;

intense muscular

especially

effort,

(3) Whereas, in the case of the groups of low-sodium foods,
including low-sodium or sodium-free dietary salts, and
gluten-free foods, such products can be satisfactorily
placed on the market and be efficiently monitored offi-
cially under the general provisions of Directive 89/
398/EEC, provided that the conditions for the use of
certain terms used to indicate the paticular nutritional
properties of products are defined;

(1) OJ C 108, 16.4.1994, p. 17 and OJ C 35, 8.2.1996, p. 17.
(2) OJ C 388, 31.12.1994, p. 1.
(3) Opinion of the European Parliament of 11 October 1995 (OJ C
287, 30.10.1995, p. 104), Council Common Position of 22 July
1997 (OJ C 297, 29.9.1997, p. 1) and Decision of the European
Parliament of 18 December 1997 (OJ C 14, 19.1.98, p. 123). Deci-
sion of the European Parliament of 5 May 1999 and Council Deci-
sion of 11 May 1999.

(4) OJ No L 186, 30.6.1989, p. 27. Directive as amended by Directive

96/84/EC (OJ No L 48, 19.2.1997, p.20).

(5) Commission Directive 91/321/EEC of May 1991 on infant formulae
and follow-on formulae (OJ No L 175, 4.7.1991, p. 35). Directive
as amended by Directive 96/4/EC (OJ No L 49, 28.2.1996, p. 12).
(6) Commission Directive 96/5/EC of 16 February 1996 on processed
cereal-based foods and baby foods for infants and young children
(OJ No L 49, 28.2.1996, p. 17).

(7) Commission Directive 96/8/EC of 26 February 1996 on foods
intended for use in energy-restricted diets for weight reduction (OJ
No L 55, 6.3.1996, p. 22)

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 89/398/EEC is hereby amended as follows:

1. The following Articles shall be inserted:

‘Article 4a

Rules for the use of terms concerning

— the reduction or absence of sodium or salt (sodium

chloride, table salt) content,

— the absence of gluten,

which may be used to describe the products referred to in
Article 1, shall be adopted in accordance with the procedure
laid down in Article 13.

Article 4b

Before 8 July 2002, the Commission shall, after consulting
the Scientific Committee for Food, present to the European
Parliament and to the Council a report on the desirability of
special provisions for foods for persons suffering from
carbohydrate-metabolism discorders (diabetes).

8. 7. 1999

EN

Official Journal of the European Communities

L 172/39

In the light of the conclusions of this report, the Commis-
sion shall either,
in accordance with the procedure laid
down in Article 13, proceed with the preparation of the
special provisions concerned or shall present, in accordance
with the procedure laid down in Article 95 of the Treaty,
to this
any
Directive.’

appropriate proposals

amendments

for

2. Article 9(5) shall be replaced by the following:

Before 8 July 2002 and every three years thereafter,
‘5.
the Commission shall send the European Parliament and the
Council a report on the implementation of this Article.’

3. Annex I shall be replaced by the following:

‘ANNEX I

— Groups of foodstuffs for particular nutritional uses for
which specific provisions will be laid down by specific
Directives: (1)

1. Infant formulae and follow-on formulae

2. Processed cereal-based foods and baby foods for

infants and young children

3. Food intended for use in energy-restricted diets for

weight reduction

4. Dietary foods for special medical purposes

5. Foods intended to meet the expenditure of intense

muscular effort, especially for sportsmen;

— Groups of foodstuffs for particular nutritional uses for
which specific provisions will be laid down by a specific
Directive (1), dependant on the outcome of the proce-
dure described in Article 4b:

6. Foods

for persons

suffering from carbohydrate-

metabolism disorders (diabetes).

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

Article 2

Member States shall bring into force the laws, regulations
and administrative provisions necessary for them to comply
with this Directive not later than 8 July 1999. They shall
forthwith inform the Commission thereof.

These measures shall be applied in such a way as to:
— permit trade in products complying with this Directive

by 8 July 2000;

— prohibit

trade in products not complying with this

Directive by 8 January 2001

When Member States adopt
they shall
contain a reference to this Directive or shall be accompanied
by reference on the occasion of
their official publication.
The methods of making such a reference shall be laid down
by the Member States.

these measures,

Article 3

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

This Directive is addressed to the Member States.

Article 4

Done at Luxembourg, 7 June 1999.

For the European Parliament

For the Council

The President

J.M. GIL-ROBLES

The President

E. BULMAHN