CELEX: 51987PC0241
Language: en
Date: 1987-05-19
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FOODSTUFFS INTENDED FOR PARTICULAR NUTIRITONAL USES ( COM(86)91 FINAL OF 22 APRIL 1986 )

No C 161/12                              Official Journal of the European Communities                           19.6. 87
           Amended proposal for a Council Directive on the approximation of the laws of the Member
                            States relating to foodstuffs intended for particular nutritional uses (')
                                                       COM(87) 241 final
            (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                                 the EEC Treaty on 1 June 1987)
                                                         (87/C 161/06)
           In response to the opinion delivered by the European Parliament on the proposal for a
           directive submitted by the Commission to the Council on the approximation of the laws of the
           Member States relating to foodstuffs intended for particular nutritional uses and in accordance
           with the second paragraph of Article 149 of the Treaty establishing the European Economic
           Community, the Commission has decided to amend the aforementioned proposal as follows:
           1. The fifth recital is replaced by the following:
               'Whereas the basic principles of legislation and the list of groups of foodstuffs for particular
               nutritional uses to be dealt with by means of specific directives are matters to be decided by
               the Council;' (delete last 13 words).
           2. Article 4 (2) (h) is deleted.
           3. Insert the following Article 4a (new):
                'Article 4a
               The conditions under which any reference may be made in labelling, presentation and
               advertising to a diet or to a category of persons for which a product referred to in Article 1
               is intended may be adopted in accordance with the procedure laid down in Article 9.'
           4. Insert the following Article 8a (new):
                Article 8a
               1.     Where a Member State, as a result of new information or of a reassessment of existing
               information made since one of the specific directives was adopted, has detailed grounds for
               establishing that a foodstuff intended for particular nutritional uses endangers human health
               although it complies with the relevant specific directive, that Member State may temporarily
               suspend or restrict application of the provisions in question within its territory. It shall
               immediately inform the other Member States and the Commission thereof and give reasons
               for its decision.
               2.     The Commission shall examine as soon as possible the grounds given by the Member
               State concerned and consult the Member States within the Standing Committee for
               Foodstuffs, and shall then deliver its opinion forthwith and take the appropriate measures.
               3.     If the Commission considers that amendments to the specific directive are necessary in
               order to resolve the difficulties mentioned in paragraph 1 and to ensure the protection of
               human health, it shall initiate the procedure laid down in Article 9, with a view to adopting
               these amendments; the Member State which has adopted safeguard measures may in that
               event retain them until the amendments enter into force.'
           (') COM(86) 91 final.
                O J N o C 124,23. 5. 1986, p. 7.