Commission Directive 2004/6/EC of 20 January 2004 derogating from Directive 2001/15/EC to postpone the application of the prohibition of trade to certain products (Text with EEA relevance)
Date: 2004-01-20
Institutions: European Commission
Subjects: derogation from EU law, food additive, foodstuff, foodstuffs legislation, market approval, nutrition

22.1.2004

EN

Official Journal of the European Union

L 15/31

COMMISSION DIRECTIVE 2004/6/EC

of 20 January 2004

derogating from Directive 2001/15/EC to postpone the application of the prohibition of trade to
certain products

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

Whereas:

(1)

(2)

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 substances added for specific nutritional
purposes to 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).

(3) While the evaluation of

those substances

is being
completed by the European Food Safety Authority their
use should continue to be permitted in the manufacture
of products marketed before the entry into force of this
Directive.

(4)

(5)

(6)

The date of 1 April 2004 provided for in Article 3(b) of
the
Directive 2001/15/EC makes
present Directive should be transposed within a short
deadline.

it necessary that

Therefore, a derogation from Directive 2001/15/EC
should be provided for.

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

Article 1

(b) of

By way of derogation from point
the second sub-
paragraph of Article 3 of Directive 2001/15/EC in so far as the
requirements of the first subparagraph of Article 1(1) of the
Directive apply and until 31 December 2006 Member States
may continue to allow in their territory trade in products
containing the substances listed in the Annex to this Directive
provided that:

(a) the European Food Safety Authority has not given an
unfavourable opinion in respect of the use of the substance
in the manufacture of foods for particular nutritional uses
to which Directive 2001/15/EC applies;

(b) the substance in question is used in the manufacture of one
or more foods for particular nutritional uses marketed in
the Community on the date of entry into force of this
Directive.

Article 2

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

(1) OJ L 186, 30.6.1989, p. 27. Directive as last amended by Regu-
lation (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.

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

L 15/32

EN

Official Journal of the European Union

22.1.2004

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

22.1.2004

EN

Official Journal of the European Union

L 15/33

SUBSTANCES THAT MAY BE ADDED FOR SPECIFIC NUTRITIONAL PURPOSES TO FOODS FOR
PARTICULAR NUTRITIONAL USES COVERED BY DIRECTIVE 2001/15/EC

ANNEX

Category 1. Vitamins

VITAMIN E

— D-alpha-tocopheryl polyethylene glycol 1000 succinate

Category 2. Minerals

BORON

— boric acid

— sodium borate

CALCIUM

— amino acid chelate

— pidolate

CHROMIUM

— amino acid chelate

COPPER

— amino acid chelate

IRON

— ferrous hydroxide

— ferrous pidolate

— amino acid chelate

SELENIUM

— enriched yeast

MAGNESIUM

— amino acid chelate

— pidolate

MANGANESE

— amino acid chelate

ZINC

— amino acid chelate