CELEX: 51986PC0091
Language: en
Date: 1986-04-14
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FOODSTUFFS INTENDED FOR PARTICULAR NUTRITIONAL USES

23.5.86                                  Official Journal of the European Communities                                 N o C 124/7
          commercial     documents      referring    to    the          opinion. When seeking the opinion of the
          foodstuffs where the latter are prepackaged and                Committee, the Commission may set a time limit
          marketed at a stage prior to their sale to the                within which such opinion shall be given. No vote
          ultimate consumer.'                                           shall be taken. However, any member of the
                                                                         Committee may demand that his views be set down
17. The following subparagraph is added to Article 11                   in the minutes.'
    (3) (a):
                                                                    21. Article 18 is deleted.
    'It shall not apply to milk or milk products in bottles
    intended for re-use. Other derogations may be                   22. Article 23 is deleted.
    allowed in accordance with the procedure laid down
    in Article 17.'                                                 23. The following is added to Annex I:
18. Article 11 (4) is replaced by the following:                                   'Definition                  Designation
    '4.     In the case of the bottles referred to in the               All aromatizers.               Flavouring(s).
    third subparagraph of paragraph 3 (a) and of                                                       This indication may be
    packaging or containers whose largest face has an                                                  supplemented, if necess-
    area of less than 10 square centimetres, only the                                                  ary, by stating whether
    particulars listed in points (1), (3) and (4) of Article                                           the aromatizers used are
    3 (1) need be given.'                                                                              of vegetable or animal
                                                                                                       origin.'
19. Article 16, second paragraph,          third   indent,   is
    replaced by the following:                                                                 Article 2
    'In the latter event, and before the expiry of the              Member States shall amend their laws, regulations and
    abovementioned period, the Commission shall                     administrative provisions, where necessary, in such a way
    initiate the procedure provided for in Article 17 in            as to:
    order to determine whether the envisaged measures
    may be implemented subject, if necessary, to the                — permit trade in products complying with this
    appropriate modifications.'                                         Directive by . . . at the latest (18 months after
                                                                        notification),
20. Article 17 is replaced by the following text:                   — prohibit trade in products not complying with this
     'Article 17                                                        Directive with effect from . . . (three years after
                                                                        notification).
    Where the procedure laid down in this Article is
    invoked, the Commission shall decide after                      They shall forthwith inform the Commission thereof.
    consulting the Standing Committee on Foodstuffs set
    up under Decision 69/414/EEC, hereinafter referred
                                                                                               Article 3
    to as "the Commitee". The Committee shall discuss
    matters on which the Commission has requested an                This Directive is addressed to the Member States.
               Proposal for a Council Directive on the approximation of the laws of the Member States
                                 relating to foodstuffs intended for particular nutritional uses
                                                        COM(86) 91 final
                                (Submitted by the Commission to the Council on 17 April 1986)
                                                          (86/C 124/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Having regard to the opinion of the Economic and
                                                                    Social Committee,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100                   Whereas on 21 December 1976 the Council adopted
thereof,                                                            Directive 77/94/EEC on the approximation of the laws
                                                                    of the Member States relating to foodstuffs for particular
Having regard to the proposal from the Commission,                  nutritional uses (');
Having regard to the opinion of the European Par-
liament,                                                            O OJ No L 26, 31. 1. 1977, p. 55.
 ---pagebreak---  No C 124/8                              Official Journal of the European Communities                                       23.5.86
Whereas the adoption of Directive 77/94/EEC was                      2. (a) Foodstuffs for particular nutritional uses are
justified by the fact that the differences between national                   foodstuffs     which, owing to their special
laws relating to foodstuffs for particular nutritional uses                   composition or manufacturing process, are clearly
impeded their free movement, may have created unequal                         distinguishable from foodstuffs         for normal
conditions of competition and thus had a direct impact                        consumption, which are suitable for their claimed
on the establishment and functioning of the common                            nutritional purposes and which are marketed in
market;                                                                       such a way as to indicate such suitability.
                                                                         (b) A particular nutritional use must           fulfil  the
Whereas the approximation of national laws pre-
                                                                              particular nutritional requirements:
supposed, in an initial stage, the preparation of a
common definition, the determination of measures                                (i) of certain categories of persons whose
enabling the consumer to be protected against fraud                                 digestive processes or metabolism are
concerning the nature of these products and the                                     disturbed; or
adoption of rules to be complied with in labelling the                         (ii) of certain categories of persons who are in a
products in question;                                                               special physiological condition and who are
                                                                                    therefore able to obtain special benefit from a
                                                                                    controlled consumption of certain substances
Whereas the products covered by this Directive are                                  in foodstuffs; or
foodstuffs the composition and preparation of which                           (iii) of infants or young children in good health.
must be specially designed to meet the particular
nutritional requirements of the persons for whom they
are mainly intended; whereas it may be necessary,
                                                                                                  Article 2
therefore, to provide for derogations to the general or
specific provisions applicable to foodstuffs in order to             1.     The products referred to in Article 1 (2) (b) (i) and
arrive at the specific nutritional objective;                       (ii) may be characterized as 'dietetic' or 'dietary'.
Whereas the basic principles of legislation and the list of         2.      In the labelling, presentation and advertising of
groups of foodstuffs for particular nutritional uses to be          foodstuffs for normal consumption the following shall be
dealt with by means of specific Directives are matters to           prohibited:
be decided by the Council in accordance with the
procedure laid down in Article 100 of the Treaty;                   (a) the use of the adjectives 'dietetic' or 'dietary' either
                                                                          alone or in conjunction with other words, to
                                                                          designate these foodstuffs;
Whereas the elaboration            of specific     Directives
implementing the basic principles of legislation and
amendments thereto are implementing measures of a                   (b) all other markings or any presentation likely to give
technical nature: whereas their adoption should be                        the impression that one of the products referred to in
entrusted to the Commission in order to simplify and                      Article 1 is involved.
expedite the procedure;
                                                                    3.      However in accordance with provisions which shall
Whereas in all cases where the Council empowers the                 be adopted according to the procedure provided for in
Commission to implement rules relating to foodstuffs                Article 9, it shall be possible, for foodstuffs for normal
intended for human consumption, provision should be                 consumption which are suitable for a particular
made for a procedure establishing close cooperation                 nutritional use, to indicate such suitability.
between the Member States and the Commission within
the Standing Committee for Foodstuffs, set up by                    The aforesaid provisions may lay down the arrangements
Council Decision 69/414/EEC (x),                                    for indicating this suitability.
HAS ADOPTED THIS DIRECTIVE:                                                                       Article 3
                                                                    1.     The nature or composition of the products referred
                                                                    to in Article 1 must be such that the products are appro-
                          Article 1                                 priate for the particular nutritional use intended.
1.    This Directive shall apply to foodstuffs intended for
particular nutritional uses.                                        2.     The products referred to in Article 1 must also
                                                                    comply with any mandatory provisions applicable to
                                                                    foodstuffs for normal consumption, save as regards
                                                                    changes made to them to ensure their conformity with
O OJ No L 291, 19. 11. 1969, p. 9.                                  the definitions given in Article 1.
 ---pagebreak--- 23. 5. 86                                    Official Journal of the European Communities                              No C 124/9
                               Article 4                                2.     The designation under which a product is sold shall
                                                                        be accompanied' by an indication of its particular
1.    The specific provisions applicable to the groups of               nutritional characteristics; however, in the case of the
foods for particular nutritional uses appearing in the                  products referred to in Article 1 (2) (b) (iii), this
Annex shall be laid down by means of specific Directives.               reference shall be replaced by a reference to the purpose
                                                                        for which they are intended.
The specific Directives and amendments thereto shall
be adopted according to the procedure laid down in
Article 9.                                                              3.     The labelling of products for which no specific
                                                                        Directive has been adopted in accordance which Article
2.     Such specific Directives may include in particular:              4 must also include:
(a) essential requirements as             to   the    nature    or      (a) the particular elements of the qualitative and
     composition of the products;                                            quantitative composition or the special manufac-
                                                                             turing process which give the product its particular
(b) quality of raw materials;                                                nutritional characteristics;
(c) hygienic requirements;                                              (b) the available energy value expressed in kj and kcal
                                                                             and the carbohydrate, protein and fat content per
(d) permitted changes within the meaning of Article 3                        100 g or 100 ml of the product as marketed and,
     (2);                                                                    where appropriate, per specified quantity of the
                                                                             product as proposed for consumption.
(e) list of substances with a specific nutritional purpose
     including purity criteria for those substances;
                                                                             If, however, the energy value is less than 50 kj (12
                                                                             kcal) per 100 g or 100 ml of the product as
(f) list of additives;
                                                                             marketed, these particulars may be replaced either by
                                                                             the words 'energy value less than 50 kj (12 kcal) per
(g) labelling, presentation and advertising;
                                                                              100 g' or by the words 'energy value less than 50 kj
                                                                             (12 kcal) per 100 ml'.
(h) 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                       4.     The particular labelling requirements for those
     referred to in Article 1 is intended;                              products for which a specific Directive has been adopted
                                                                        shall be laid down in that Directive.
(i) sampling procedures and methods of analysis
     necessary for checking compliance with the
     requirements of the specific Directives.                                                      Article 7
                                                                         1.    The products referred to in Article 1 shall only be
                                Article 5                               allowed on the retail market in prepackaged form, and
                                                                        the packaging shall completely cover the products.
 1.    The labelling and methods used, the presentation,
and advertising of the products referred to in Article 1
must not attribute properties for the prevention,                       2.     Member States may, however, permit derogations
treatment or cure of human disease to such products or                  from these provisions for purposes of the retail trade
imply such properties.                                                  provided that the product is accompanied by the parti-
                                                                        culars provided for in Article 6 at the time when it is put
Derogations from the first subparagraph may be                          on sale.
provided for in accordance with the procedure laid down
 in Article 9 in exceptional and clearly defined cases.
                                                                                                   Article 8
 2.    Paragraph 1 shall not prevent the dissemination of               Member States shall not, for reasons related to their
 any useful information or recommendations exclusively                  composition, manufacturing specifications, presentation
 intended for persons having qualifications in medicine,                or labelling, prohibit or restrict trade in products
 nutrition or pharmacy.                                                 referred to in Article 1 which comply with this Directive
                                                                        and specific Directives where appropriate.
                                Article 6
 1.    Council Directive 79/112/EEC O                  is hereby                                   Article 9
rendered applicable to products referred to in Article 1,
                                                                        Where the procedure laid down in this Article is
under the conditions set out below.
                                                                        followed, the Commission will take a decision after
                                                                        consulting the Standing Committee on Foodstuffs set up
                                                                        under Decision 69/414/EEC, hereinafter referred to as
 (') O J N o L 3 3 , 8. 2. 1979, p. 1.                                   'the Committee'. The Committee shall discuss matters on
 ---pagebreak---  No C 124/10                             Official Journal of the European Communities                                       23.5.86
which the Commission has requested an opinion. When                    — to permit trade in products complying with this
seeking the opinion of the Committee, the Commission                       Directive by . . . (18 months after the notification),
may set a time limit within which such opinion shall be
                                                                       — to prohibit trade in products not complying with this
given. No vote shall be taken. However, any member of
                                                                           Directive with effect from . . . (24 months after the
the Committee may demand that his views be set down
                                                                           notification).
in the minutes.
                                                                       They shall forthwith inform the Commission thereof.
                          Article 10
                                                                       2.    Member States shall continue to put into effect the
Directive 77/94/EEC is hereby repealed.                                relevant provisions of Directive 77/94/EEC until the
                                                                       date on which the amendments are to be implemented.
                          Article 11
                                                                                                  Article 12
 1.   Member States shall amend their laws, regulations           -
and administrative provisions in such a way as:                        This Directive is addressed to the Member States.
                                                              ANNEX
             Groups of foods for particular nutritional uses for which specific provisions shall be laid down by specific
                                                              Directives
             Infant formulae
             Follow-up milk and other follow-up foods
             Baby foods
             Low-energy and energy-reduced foods
             Proposal for a Council Directive on the approximation of the laws of the Member States
                       relating to materials and articles intended to come into contact with foodstuffs
                                                        COM(86) 90 final
                                (Submitted by the Commission to the Council on 18 April 1986)
                                                          (86/C 124/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              intended to come into contact with foodstuffs (*);
                                                                      whereas the number and nature of the changes that have
Having regard to the Treaty establishing the European                 had to be made to that Directive indicate the need for
Economic Community and in particular Article 100                      consolidation so as to maintain the clarity required of all
thereof,                                                              legislation;
Having regard to the proposal from the Commission,
                                                                      Whereas Directive 76/893/EEC was adopted on the
                                                                      grounds that the differences that existed at that time
Having regard to the opinion of the European Par-                     between the national laws relating to the aforesaid
liament,                                                              materials and articles impeded the free movement
                                                                      thereof, could create unequal conditions of competition
Having regard to the opinion of the Economic and                      and could thereby directly affect the establishment or
Social Committee,                                                     functioning of the common market;
Whereas on 23 November 1976 the Council adopted
Directive 76/893/EEC on the approximation of the laws
of the Member States relating to materials and articles               0) OJ No L 340, 9. 12. 1976, p. 19.