Commission Directive 2004/5/EC of 20 January 2004 amending Directive 2001/15/EC to include certain substances in the Annex (Text with EEA relevance)
Date: 2004-01-20
Institutions: European Commission
Subjects: food additive, foodstuff, foodstuffs legislation, human nutrition, nutrition

21.1.2004

EN

Official Journal of the European Union

L 14/19

COMMISSION DIRECTIVE 2004/5/EC

of 20 January 2004

amending Directive 2001/15/EC to include certain substances in the Annex

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 nutritional uses (1), and in
particular Article 4(2) thereof,

After consulting the Scientific Committee on Food or the Euro-
pean Food Safety Authority,

(6)

The measures provided for in this Directive are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Directive 2001/15/EC is amended in accordance
with the Annex to this Directive.

Whereas:

Article 2

(1)

(2)

(3)

(4)

Commission Directive 2001/15/EC of 15 February 2001
on substances that may be added for specific nutritional
purposes in foods for particular nutritional uses (2) speci-
fies certain categories of substances and mentions for
each of them the chemical substances that may be used
in the manufacture of foodstuffs for particular nutri-
tional uses.
It provides that Member States are to
prohibit trade in products not complying with the Direc-
tive with effect from 1 April 2004.

At the time of the adoption of Directive 2001/15/EC a
number of chemical substances added for specific nutri-
tional purposes in some foods for particular nutritional
uses, which are marketed in some Member States, could
not be included in the Annex to that Directive because
they had not been evaluated by the Scientific Committee
on Food (SCF).

Those chemical substances that have since been evalu-
ated by the Scientific Committee on Food or by the
European Food Safety Authority and have received a
favourable scientific evaluation should be included in the
Annex to Directive 2001/15/EC.

Since products containing those substances are on the
market in certain Member States, it is necessary that this
Directive be transposed before 1 April 2004, in order to
avoid that
the prohibition provided for in Directive
2001/15/EC becomes applicable to those substances for
a limited period of time, which would cause an undue
disruption of the market.

(5)

Directive 2001/15/EC should be amended accordingly.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 March 2004 at the latest. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this Direc-
tive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

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

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 20 January 2004.

For the Commission

David BYRNE

Member of the Commission

(1) 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).

(2) OJ L 52, 22.2.2001, p. 19.

L 14/20

EN

Official Journal of the European Union

21.1.2004

ANNEX

The Annex to Directive 2001/15/EC is amended as follows:

1. In the Section concerning Category 2. Minerals, the following line is added under the heading CALCIUM:

Substance

‘— sulphate

Conditions of use

FSMP

All FPNU

x’

2. In the Section concerning Category 3. Amino acids, the following lines are added:

Substance

Conditions of use

All FPNU

FSMP

‘— L-serine

— L-arginine-L-aspartate

— L-lysine-L-aspartate

— L-lysine-L-glutamate

— N-acetyl-L-cysteine

— N-acetyl-L-methionine

x

x

x

x

x

x in products intended for
persons over 1 year of
age’

3. In the Section concerning Category 4. Carnitine and taurine, the following line is added:

Substance

‘— L-carnitine-L-tartrate

Conditions of use

FSMP

All FPNU

x’