Commission Directive 2007/26/EC of 7 May 2007 amending Directive 2004/6/EC to extend its period of application (Text with EEA relevance)
Date: 2007-05-07
Institutions: European Commission
Subjects: derogation from EU law, food additive, foodstuff, foodstuffs legislation, market approval, nutrition

8.5.2007

EN

Official Journal of the European Union

L 118/5

DIRECTIVES

COMMISSION DIRECTIVE 2007/26/EC

of 7 May 2007

amending Directive 2004/6/EC to extend its period of application

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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)

(3)

(4)

in foods

Commission Directive 2001/15/EC of 15 February 2001
on substances that may be added for specific nutritional
for particular nutritional uses (2)
purposes
specifies 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.

At the time of the adoption of Directive 2001/15/EC a
number of chemical substances added for specific nutri-
tional 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.

the evaluation of

Pending the completion of
those
substances by the European Food Safety Authority
(EFSA), Commission Directive 2004/6/EC (3) provides
that Member States may continue to allow in their
territory trade in products containing the substances
concerned,
in so far as certain conditions are fulfilled
regarding their safety, until 31 December 2006.

It was not possible to complete the evaluations and
associated administrative actions prior to 31 December
2006. Therefore, with a view to avoiding unnecessary
disruption in the trade of the foodstuffs concerned, the
application of Directive 2004/6/EC should be extended.

(5)

To take into account the time needed for the completion
of the evaluation of the substances by the EFSA and for

(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. Directive as last amended by Directive

2006/34/EC (OJ L 83, 22.3.2006, p. 14).

(3) OJ L 15, 22.1.2004, p. 31.

the transposition of
national
extension of
2004/6/EC to 31 December 2009.

the associated measures into the
legislation it is appropriate to provide for an
the period of application of Directive

The date of 31 December 2006 provided for in Article 1
of Directive 2004/6/EC makes it necessary that
the
present Directive should be transposed within a short
deadline. In order to avoid difficulties with the trade in
products containing the substances listed in Directive
2004/6/EC, it is appropriate for the present directive to
apply from 1 January 2007.

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

in this Directive are in
Standing
the

opinion

the

of

(6)

(7)

HAS ADOPTED THIS DIRECTIVE:

Article 1

In Article 1 of Directive 2004/6/EC, the date of ‘31 December
2006’ is replaced by ‘31 December 2009’.

Article 2

Transposition

1. Member States shall adopt and publish, by 8 July 2007 at
the latest, the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

They shall apply those provisions from 1 January 2007.

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.

L 118/6

EN

Official Journal of the European Union

8.5.2007

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

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 7 May 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission