Annexes to COM(2008)3 - Foodstuffs intended for particular nutritional uses (Recast)

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dossier COM(2008)3 - Foodstuffs intended for particular nutritional uses (Recast).
document COM(2008)3 EN
date May  6, 2009
Annex II, Part A.

(5) OJ L 184, 17.7.1999, p. 23.

(6) OJ L 109, 6.5.2000, p. 29.

(7) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).



ANNEX I

A.Groups of foodstuffs for particular nutritional uses for which specific provisions will be laid down by specific Directives (1):

1.infant formulae and follow-on formulae;

2.processed cereal-based foods and baby foods for infants and young children;

3.food intended for use in energy-restricted diets for weight reduction;

4.dietary foods for special medical purposes;

5.foods intended to meet the expenditure of intense muscular effort, especially for sportsmen.

B.Groups of foodstuffs for particular nutritional uses for which specific provisions will be laid down by a specific Directive (1), dependent on the outcome of the procedure described in Article 6:

Foods for persons suffering from carbohydrate metabolism disorders (diabetes).



(1) It is understood that products already on the market when a specific Directive is adopted will not be affected by it.



ANNEX II

PART A

Repealed Directive with list of its successive amendments

(referred to in Article 16)

Council Directive 89/398/EEC

(OJ L 186, 30.6.1989, p. 27)
Directive 96/84/EC of the European Parliament and of the Council

(OJ L 48, 19.2.1997, p. 20)
Directive 1999/41/EC of the European Parliament and of the Council

(OJ L 172, 8.7.1999, p. 38)
Regulation (EC) No 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)
point 15 of Annex III only

PART B

Time limits for transposition into national law and application

(referred to in Article 16)

DirectiveTime limits for transpositionPermission of trade in products complying with this DirectiveProhibition of trade in products not complying with this Directive
89/398/EEC16 May 1990 (1)16 May 1991 (1)
96/84/EC30 September 1997
1999/41/EC8 July 20008 July 2000 (2)8 January 2001 (2)



(1) In accordance with Article 15 of Directive 89/398/EEC:

‘1.   Member States shall amend their laws, regulations and administrative provisions in such a way as:

to permit trade in products complying with this Directive not later than 16 May 1990,

to prohibit trade in products not complying with this Directive with effect from 16 May 1991.

They shall forthwith inform the Commission thereof.

2. Paragraph 1 shall not affect those national provisions which in the absence of the Directives referred to in Article 4 apply to certain groups of foodstuffs intended for particular nutritional uses.’.

(2) In accordance with Article 2 of Directive 1999/41/EC:

‘Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive not later than 8 July 2000. They shall forthwith inform the Commission thereof.

These measures shall be applied in such a way as to:

permit trade in products complying with this Directive by 8 July 2000,

prohibit trade in products not complying with this Directive by 8 January 2001.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.’.



ANNEX III

CORRELATION TABLE

Directive 89/398/EECThis Directive
Article 1(1)Article 1(1)
Article 1(2) point (a)Article 1(2)
Article 1(2) point (b)Article 1(3)
Article 1(2) point (b)(i), (ii) and (iii)Article 1(3) points (a), (b) and (c)
Article 2(1)Article 2(1)
Article 2(2)Article 2(2), first subparagraph
Article 2(3)Article 2(2), second and third subparagraphs
Article 2(2), fourth subparagraph
Article 3Article 3
Article 4(1)Article 4(1)
Article 4(1a)Article 4(2)
Article 4(2)Article 4(3)
Article 4aArticle 5
Article 4bArticle 6
Article 5Article 7
Article 6Article 8
Article 7Article 9
Article 8Article 10
Article 9, introductory wordsArticle 11(1), introductory words
Article 9, points 1, 2 and 3Article 11(1)(a), (b) and (c)
Article 9, point 4, first and second sentenceArticle 11(2)
Article 9 point 4, third sentenceArticle 11(3)
Article 9 point 5Article 11(4)
Article 10Article 12
Article 11Article 13
Article 12Article 14
Article 13(1) and (2)Article 15(1) and (2)
Article 13(3)
Article 15(3) and (4)
Articles 14 and 15
Articles 16 and 17
Article 16Article 18
Annex IAnnex I
Annex II
Annexes II and III