Commission Directive 2006/37/EC of  30 March 2006  amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances   (Text with EEA relevance)
Date: 2006-03-30
Institutions: European Commission
Subjects: food supplement, foodstuffs legislation, marketing

L 94/32

EN

Official Journal of the European Union

1.4.2006

COMMISSION DIRECTIVE 2006/37/EC

of 30 March 2006

amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as
regards the inclusion of certain substances

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2002/46/EC of
the European
Parliament and of the Council of 10 June 2002 on the appro-
ximation of the laws of the Member States relating to food
supplements (1), and in particular Article 4(5) thereof,

After consulting the European Food Safety Authority,

Whereas:

Directive 2002/46/EC specifies
and
minerals, and for each of them the forms, that may be
used for the manufacture of food supplements.

vitamins

the

Those vitamin and mineral substances that have been
evaluated by the European Food Safety Authority
(hereafter ‘the Authority’) and have received a favourable
scientific evaluation should be included in the Annexes to
Directive 2002/46/EC.

Favourable scientific evaluation for some vitamins and
mineral substances has been recently given and made
public by the Authority.

It is appropriate to replace the category heading ‘folic
acid’ in order to take account of the inclusion of other
forms of folate in Annex II to Directive 2002/46/EC.

Article 1

Annex II to Directive 2002/46/EC is amended as set out in the
Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 30 April 2007 at the latest. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference 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
its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Directive 2002/46/EC should therefore be amended
accordingly.

Done at Brussels, 30 March 2006.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Directive are in
Standing
the

opinion

the

of

For the Commission

Markos KYPRIANOU
Member of the Commission

(1)

(2)

(3)

(4)

(5)

(6)

(1) OJ L 183, 12.7.2002, p. 51.

1.4.2006

EN

Official Journal of the European Union

L 94/33

ANNEX

Annex II to Directive 2002/46/EC is amended as follows:

1. In Section A. Vitamins:

(a)

the heading ‘10. FOLIC ACID’ is replaced by ‘10. FOLATE’

(b) the following line is added under the heading 10. FOLATE:

‘(b) calcium-L-methylfolate’

2. In Section B. Minerals, the following line is inserted before cupric carbonate:

‘ferrous bisglycinate’.