Council Directive 77/94/EEC of 21 December 1976 on the approximation of the laws of the Member States relating to foodstuffs for particular nutritional uses
Official Journal L 026 , 31/01/1977 P. 0055 - 0058
Greek special edition: Chapter 03 Volume 17 P. 0038
Spanish special edition: Chapter 13 Volume 7 P. 0003
Portuguese special edition Chapter 13 Volume 7 P. 0003
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COUNCIL DIRECTIVE
OF 21 DECEMBER 1976
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FOODSTUFFS FOR PARTICULAR NUTRITIONAL USES
( 77/94/EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,
WHEREAS THE DIFFERENCES BETWEEN NATIONAL LAWS RELATING TO FOODSTUFFS FOR PARTICULAR NUTRITIONAL USES IMPEDE THEIR FREE MOVEMENT , MAY CREATE UNEQUAL CONDITIONS OF COMPETITION AND THUS HAVE A DIRECT IMPACT ON THE ESTABLISHMENT AND FUNCTIONING OF THE COMMON MARKET ;
WHEREAS THE APPROXIMATION OF THESE LAWS IS THEREFORE NECESSARY ;
WHEREAS THIS APPROXIMATION PRE-SUPPOSES , IN AN INITIAL STAGE , THE PREPARATION OF A COMMON DEFINITION , THE DETERMINATION OF MEASURES ENABLING THE CONSUMER TO BE PROTECTED AGAINST FRAUD CONCERNING THE NATURE OF THESE PRODUCTS AND THE ADOPTION OF RULES TO BE COMPLIED WITH IN LABELLING THE PRODUCTS IN QUESTION ;
WHEREAS , IN A SUBSEQUENT STAGE , THE COUNCIL WILL HAVE TO ADOPT THE DEFINITIONS AND DETERMINE THE PARTICULAR CHARACTERISTICS APPLICABLE TO CERTAIN GROUPS OF THESE PRODUCTS ;
WHEREAS THE WORD " DIETERIC " ( OR " DIETARY " ) DOES NOT HAVE THE SAME ACCEPTED MEANING IN ALL THE MEMBER STATES ; WHEREAS THE LATTER MUST BE ABLE TO TAKE INTO ACCOUNT THE CUSTOMS EXISTING WHEN THIS DIRECTIVE IS IMPLEMENTED ;
WHEREAS THE PRODUCTS COVERED BY THIS DIRECTIVE ARE FOODSTUFFS THE COMPOSITION AND PREPARATION OF WHICH MUST BE SPECIALLY DESIGNED TO MEET THE PARTICULAR NUTRITIONAL REQUIREMENTS OF THE PERSONS FOR WHOM THEY ARE MAINLY INTENDED ; WHEREAS IT MIGHT BE NECESSARY , THEREFORE , TO PROVIDE FOR DEROGATIONS TO THE GENERAL OR SPECIFIC PROVISIONS APPLICABLE TO FOODSTUFFS IN ORDER TO ARRIVE AT THE SPECIFIC NUTRITIONAL OBJECTIVE ;
WHEREAS THE DETERMINATION OF THE SAMPLING PROCEDURES AND METHODS OF ANALYSIS FOR VERIFYING THE ADDITIVES AND THE COMPOSITION AND MANUFACTURING SPECIFICATIONS OF THE VARIOUS GROUPS OF FOODSTUFFS INTENDED FOR PARTICULAR NUTRITIONAL USES IS AN IMPLEMENTING MEASURE OF A TECHNICAL NATURE ; WHEREAS ITS ADOPTION SHOULD BE ENTRUSTED TO THE COMMISSION IN ORDER TO SIMPLIFY AND EXPEDITE THE PROCEDURE ;
WHEREAS IN ALL THE CASES FOR WHICH THE COUNCIL CONFERS POWERS ON THE COMMISSION FOR IMPLEMENTING RULES LAID DOWN IN THE FIELDS OF FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION , PROVISIONS SHOULD BE MADE FOR A PROCEDURE FOR ESTABLISHING CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION WITHIN THE STANDING COMMITTEE ON