Commission Directive 2005/63/EC of 3 October 2005 correcting Directive 2005/26/EC concerning the list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council   (Text with EEA relevance)
Date: 2005-10-03
Institutions: European Commission
Subjects: allergy, consumer protection, food safety, labelling

4.10.2005

EN

Official Journal of the European Union

L 258/3

COMMISSION DIRECTIVE 2005/63/EC

of 3 October 2005

correcting Directive 2005/26/EC concerning the list of food ingredients or substances provisionally
excluded from Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

States

shall
the latest,

and publish, by
adopt
1.
The Member
the rules, regulations and
3 December 2005 at
to comply with the
administrative provisions necessary
present Directive. They shall
immediately communicate the
text of those provisions to the Commission together with a
correlation table those provisions and this Directive.

They shall apply those provisions from 25 November 2005.

When the Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied by a
reference at the time of their official publication. The Member
States shall determine how such reference is to be made.

The Member States shall communicate to the Commission
law which they

2.
the text of the main provisions of national
adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 3 October 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2000/13/EC of
Parliament and of
the Council of 20 March 2000 on the
approximation of the laws of the Member States relating to
the labelling, presentation and advertising of foodstuffs (1) and
in particular Article 6 (11), thereof,

Whereas:

(1)

(2)

(3)

Commission Directive 2005/26/EC (2) established the list
of food ingredients or substances provisionally excluded
from Annex IIIa of Directive 2000/13/EC, having heard
the opinion of
the European Food Safety Authority
(EFSA).

In its opinion of 2 December 2004 on certain uses of
fish gelatine, the EFSA concluded that this product, when
used as a carrier for vitamin and carotenoid preparations,
is not likely to cause severe allergic reactions.

Carotenoids were wrongly omitted from the list in annex
to Directive 2005/26/EC and must therefore be added to
it,

HAS ADOPTED THIS DIRECTIVE:

Article 1

In the second column of the Annex to Directive 2005/26/EC,
the seventh row shall be replaced by the following:

‘— Fish gelatine used as a carrier for vitamin or carotenoid

preparations and flavours.’

(1) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive

2003/89/EC (OJ L 308, 25.11.2003, p. 15).

(2) OJ L 75, 22.3.2005, p. 33.