Commission Directive 2006/142/EC of 22 December 2006 amending Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council listing the ingredients which must under all circumstances appear on the labelling of foodstuffs   (Text with EEA relevance)
Date: 2006-12-22
Institutions: European Commission
Subjects: consumer information, consumer protection, foodstuff, labelling, leguminous vegetable, mollusc

L 368/110

EN

Official Journal of the European Union

23.12.2006

COMMISSION DIRECTIVE 2006/142/EC

of 22 December 2006

amending Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council listing
the ingredients which must under all circumstances appear on the labelling of foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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), third paragraph, thereof,

Having regard to the opinions of the European Food Safety
Authority of 6 December 2005 and 15 February 2006,

Whereas:

ingredients,

also used as

are
in a number of preparations

In the case of molluscs (gastropods, bivalves or cepha-
lopods), the EFSA states in its opinion of 15 February
2006 that they are most often consumed in their current
any
state but
processing,
and in
products such as surimi. Allergic reactions, which can
i.e.
be serious, affect up to 0,4 % of
20 % of all cases of allergic reactions to seafood. The
main allergenic protein in molluscs is
tropomyosin,
which is the same as that in crustaceans, and cases of
cross-allergies between molluscs and crustaceans occur
frequently.

the population,

after

(6)

(7)

It can be concluded from these observations that lupin
and molluscs should be added to the list in Annex IIIa of
Directive 2000/13/EC.

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

(1)

(2)

(3)

(4)

Annex IIIa of Directive 2000/13/EC lists the ingredients
which must under all circumstances appear on the
labelling of
they are likely to cause
foodstuffs, as
adverse reactions in susceptible individuals.

HAS ADOPTED THIS DIRECTIVE:

first paragraph, of

Article 6(11),
the aforementioned
Directive stipulates that the list in Annex IIIa will be
necessary,
systematically
re-examined
scientific
updated on the basis of
knowledge.

and, where

the most

recent

Article 1

The following ingredients shall be added to Annex IIIa of
Directive 2000/13/EC:

As part of this re-examination, the Commission asked the
European Food Safety Authority (EFSA)
to give its
opinion on the possible inclusion in Annex IIIa of a
number of other products.

‘Lupin and products thereof

Molluscs and products thereof.’

the EFSA states in its
As far as lupin is concerned,
opinion of 6 December 2005 that
this leguminous
plant, of which there are 450 species, has long been
lupin flour is
consumed in its current state but that
being added for a number of years in wheat flour for
the production of bakery products. Cases of direct
allergic reactions, some of them severe, have been docu-
mented and studies show that there is a relatively high
risk of a cross-allergy to lupin in between 30 % and 60 %
of persons who are allergic to peanuts.

(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).

Article 2

The Member States shall, as from 23 December 2007,
foodstuffs which comply with this

1.
authorise the sale of
Directive.

2.
The Member States shall, as from 23 December 2008,
prohibit the sale of foodstuffs which fail to comply with this
Directive. However, the sale of foodstuffs which fail to comply
with this Directive and which have been labelled prior to this
date shall be authorised until stocks run out.

23.12.2006

EN

Official Journal of the European Union

L 368/111

Article 3

Article 4

1.
The Member States shall, by 23 December 2007 at the
latest, adopt and publish the laws, regulations and adminis-
trative provisions necessary to comply with this Directive.
those
They shall
provisions to the Commission together with a correlation
table of those provisions and this Directive.

immediately communicate

text of

the

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

those measures,

2.
The Member States shall communicate to the Commission
the texts of the main provisions of domestic law which they
adopt in the field governed by this Directive.

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 22 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission