CELEX: 51991PC0441(01)
Language: en
Date: 1991-11-14
Title: Proposal for a COUNCIL DIRECTIVE on infant formulae and follow­on formulae intended for export to third countries

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(91) 441 final
                                             Brussels,14  November 1991
                                     Proposal for a
                                   COUNCIL DIRECTIVE
                      on infant formulae and follow-on formulae
                        intended for export to third countries
                                     Proposal for a
                                  COUNCIL RESOLUTION
   &*&**
       m.4    on the marketing practices for breast-milk substitutes in
                developing countries by Community-based manufacturers
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                             (presented by the Commission)
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 ---pagebreak---                               - 2 -
                            EXPLANATORY MEMORANDUM
 In conformity with article 4 of Council Directive 89/398/EEC on the
approximation of the laws of the Member States relating to foodstuffs
 Intended for particular nutritional u s e s ( 1 ) , Commission Directive
91/321/EEC(2) on Infant formulae and follow-on formulae was adopted
on 14.5.1991. This Commission Directive lays down, amongst others,
provisions relating to the composition and the labelling of these products.
Given the section of the population for which these products are intended,
 It is felt that the abovementioned particular rules should also apply to
products Intended for export to third countries.
Taking into account the framework of Community legislation within which
these rules have to be adopted and for the sake of coherence, all the
abovementIoned rules applicable to products Intended for export to third
countries are Included In one legal measure.
Commission Directive 91/321/EEC lays down in addition provisions relating
to advertising and other marketing practices. The Community cannot regulate
such practices taking place In third countries nor indeed can effectively
control them. In relation to this point however it should be noted that a
proposal for a Council resolution relating to marketing practices for
breast milk substitutes in developing countries by Community based
manufacturers is also being put forward by the Commission.
(1) O.J. N° L 186 Of 30.6.1989, p. 27
(2) O.J. N° L 175 of 4.7.1991, p. 35
 ---pagebreak---                               - 3 -
                               Proposal for a
                              CounclI Directive
                  on Infant formulae and follow-on formulae
                   Intended for export to third countries.
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic community
and In particular Article 113 thereof,
Having regard to the proposal from the Commission*1),
Whereas Community rules concerning Infant formulae and follow-on formulae
are la id-down In Commission directive 91/321/EEC*2* ;
Whereas given the nature of the products In question It Is desirable that
Community rules or International standards relating to their composition
are made applicable to such products Intended for export to third
countries ;
Whereas In order to prevent Inappropriate use of these products which could
prejudice the health of Infants it is also desirable to extend the
application of the Community rules on labelling of Infant formulae and
follow-on formulae to those products intended for export to third
countrles,
HAS ADOPTED THIS DIRECTIVE :
                                  Article 1
This Directive concerns Infant formulae and follow-on formulae as defined
by article 1.2.c. and d of Directive 91/321/EEC Intended for export to
third  countries.
(1)
(2) O.J. N° L 175 Of 4.7.1991, p. 35
 ---pagebreak---                               - 4
                                  Article 2
The products referred to In article 1 must be In conformity :
a)    with the provisions of articles 3, 4, 5 and 6 of Directive 91/321/EEC
      or with relevant applicable world standards established by Codex
      Allmentarlus ;
b)    with the provisions of article 7 paragraphs 2 to 6 of Directive
      91/321/EEC
unless otherwise requested or stipulated by provisions established by the
 importing country.
                                  Article 3
Member States shall take the necessary measures to comply with this
Directive. They shall forthwith Inform the Commission thereof. Those
measures shall be applied In such a way as to :
      permit exports of products complying with this Directive, by 1
      December 1992 ;
      prohibit exports of products which do not comply with this Directive,
      with effect from 1 June 1994.
When Member States adopt these provisions, they shall contain a reference
to this Directive or shall be accompanied by such reference at the time of
their official publication. The procedure for such reference shall be
adopted by the Member States.
                                  Article 4
This Directive Is addressed to the Member States.
Done at                                For the Council
 ---pagebreak---                               -.5 -
                               Proposal for a
                             COUNCIL RESOLUTION
         on the marketing practices for breast-milk substitutes In
           developing countries by Community-based manufacturers.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Whereas Council Directive .../.../EEC on Infant formulae and follow-on
formulae Intended for export to third countries render applicable to such
products a number of Community provisions relating to the composition and
the labelling of Infant formulae and follow-on formulae;
Whereas in May 1981 the 34th World Health Assembly adopted as a
recommendation the International Code of Marketing of Breast-milk
Substitutes;
Whereas a considerable volume of these products are sold to developing
countries by Community-based manufacturers;
Whereas it is considered very Important that marketing practices In
developing countries should not discourage mothers from breastfeeding;
Whereas the application of the International Code provides without doubt an
excellent way to achieve this In these countries;
Whereas the Community cannot legislate for these countries;
Whereas the Community can offer an effective support to the competent
authorities of these countries In their efforts to apply the International
Code In their territory,
 ---pagebreak---                              - 6 -
HAS ADOPTED THE FOLLOWING RESOLUTION :
1.   The Community will contribute, In so far as It is able, to the
     application of appropriate marketing practices for breast-milk
     substitutes In developing countries.
2.   For the Implementation of point 1, the Commission will instruct Its
     delegations In the developing countries to serve as contact points for
     the competent authorities.  Any complaints or crIt is Isms with respect
     to the marketing practices of a manufacturer based in the Community
     could be notified to them.
3.   The Commission will be ready to examine such cases and to assist In
     the search for a satisfactory solution for all parties concerned.
4.   This resolution shall be communicated by the Commission to the
     countries concerned through the official channels.
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(91) 441 final
                                                     DOCUMENTS
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                                                            ISBN 92-77-77157-7
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