Article 1 
This Directive shall apply to partly or wholly dehydrated preserved milk defined in Annex I.
Article 3 
Directive 2000/13/EC shall apply to the products defined in Annex I, subject to the following conditions. 1. (a) The product names listed in Annex I shall apply only to the products referred to therein and shall, without prejudice to subparagraph (b), be used in trade to designate them; (b) as an alternative to the product names referred to in subparagraph (a), Annex II provides a list of particular designations. These designations may be used in the language and under the conditions laid down in Annex II. (a) The product names listed in Annex I shall apply only to the products referred to therein and shall, without prejudice to subparagraph (b), be used in trade to designate them; (b) as an alternative to the product names referred to in subparagraph (a), Annex II provides a list of particular designations. These designations may be used in the language and under the conditions laid down in Annex II. 2. The labelling must state the percentage of milk fat, expressed by weight in relation to the finished product, except in the case of the products defined in Annex I(1)(d) and (g) and Annex I(2)(d), and the percentage of fat-free dried milk extract in the case of the products defined in Annex I(1). These particulars shall appear near the trade name. 3. In the case of the products defined in Annex I(2), the label must state the recommendations as to the method of dilution or reconstitution, including details of the fat content of the product thus diluted or reconstituted. 4. Where products weighing less than 20 g per unit are packed in an outer packaging, the particulars required by this Article need appear on the outer packaging only, except for the designation required by point 1(a). 5. The labelling of the products defined in Annex I(2) shall state that the product is ‘not intended as a food for infants under 12 months’.
Amendment rationale: CONTEXT OF THE PROPOSAL · Grounds for and objectives of the proposal To align the existing Commission implementing powers in Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC to the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) and to confer additional delegated powers on the Commission. The Treaty makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the European Union. However, if the application of the legislative act requires uniform conditions for its implementation the Commission is authorised to adopt these acts. The alignment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC on new rules of the Treaty is based on a classification on the basis of the new philosophy of the current Commission powers. In addition, still in the context of that new philosophy, the provisions of the above mentioned Directives have also been scrutinized in order to identify possible supplementary need in term of powers to be conferred to the Commission under the new classification of the Treaty. At the end of this exercise, a draft proposal for amendment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC has been prepared. · General context Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: – Article 290 of the TFUE allows the legislator to "delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act". Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3)). – Article 291 of the TFUE allows Member States to "adopt all measures of national law necessary to implement legally binding Union acts". Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4)) · Existing provisions in the area of the proposal Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE). Council Decision 1999/468/EC of 28 June 1999, laying down the procedures for the exercise of implementing powers conferred on the Commission, as modified by Council Decision 2006/512/EC, repealed by Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011, laying down the general principle concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. · Consistency with the other policies and objectives of the Union Not applicable.
Revised version (Article 3 ):
Directive 2000/13/EC shall apply to the products defined in Annex I, subject to the following conditions. 3. In the case of the products defined in Annex I(2), the label must state the recommendations as to the method of dilution or reconstitution, including details of the fat content of the product thus diluted or reconstituted. 4. Where products weighing less than 20 g per unit are packed in an outer packaging, the particulars required by this Article need appear on the outer packaging only, except for the designation required by point 1(a). 5. The labelling of the products defined in Annex I(2) shall state that the product is ‘not intended as a food for infants under 12 months’.
Article 4 
For the products defined in Annexes I and II, Member States shall not adopt national provisions not provided for by this Directive.
Article 5 
The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the regulatory procedure referred to in Article 6(2): — bringing this Directive into line with general Community legislation on foodstuffs, — adaptations to technical progress.
Article 6 
1. The Commission shall be assisted by the Standing Committee on Foodstuffs (hereinafter referred to as ‘the Committee’) set up by Article 1 of Decision 69/414/EEC ( 10 ). 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure.
Article 7 
Directive 76/118/EEC is hereby repealed with effect from 17 July 2003. References to the repealed Directive shall be construed as references to this Directive.
Article 8 
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 17 July 2003. They shall forthwith inform the Commission thereof. The measures shall be applied so as to: — authorise the marketing of the products defined in Annex I if they conform to the definitions and rules laid down in this Directive, with effect from 17 July 2003, — prohibit the marketing of products which fail to conform to this Directive, with effect from 17 July 2004. However, the marketing of products which fail to conform to this Directive but which were labelled before 17 July 2004 in accordance with Directive 76/118/EEC shall be permitted until stocks run out. When Member States adopt these measures these 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 Member States.
Article 9 
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities .
Article 10 
This Directive is addressed to the Member States.