Legal provisions of COM(1995)722-5 - Partly or wholly dehydrated preserved milk for human consumption

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dossier COM(1995)722-5 - Partly or wholly dehydrated preserved milk for human consumption.
document COM(1995)722
date December 20, 2001


Article 1

This Directive shall apply to partly or wholly dehydrated preserved milk defined in Annex I.

Article 2

Member States may, subject to Directive 90/496/EEC, authorise the addition of vitamins to the products defined in Annex I hereto.

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.

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'.

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.