Regulation 2008/107 - Amendment of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods as regards the implementing powers conferred on the Commission

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation has been published on February 13, 2008 and entered into force on March  4, 2008.

2.

Key information

official title

Regulation (EC) No 107/2008 of the European Parliament and of the Council of 15 January 2008 amending Regulation (EC) No 1924/2006 on nutrition and health claims made on foods as regards the implementing powers conferred on the Commission
 
Legal instrument Regulation
Number legal act Regulation 2008/107
Original proposal COM(2006)607 EN
CELEX number i 32008R0107

3.

Key dates

Document 15-01-2008
Publication in Official Journal 13-02-2008; Special edition in Croatian: Chapter 15 Volume 007,OJ L 39, 13.2.2008
Effect 04-03-2008; Entry into force Date pub. + 20 See Art 2
End of validity 31-12-9999

4.

Legislative text

13.2.2008   

EN

Official Journal of the European Union

L 39/8
 

REGULATION (EC) No 107/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 January 2008

amending Regulation (EC) No 1924/2006 on nutrition and health claims made on foods as regards the implementing powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

 

(1)

Regulation (EC) No 1924/2006 of the European Parliament and of the Council (3) provides that the regulatory procedure established by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) is to be applied for the adoption of implementing measures concerning that Regulation.
 

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.
 

(3)

The Commission should be empowered to adopt Community measures concerning the labelling, presentation and advertising of certain foods; to establish derogations from certain provisions of Regulation (EC) No 1924/2006; to establish and update nutrient profiles and the conditions and exemptions under which they can be used; to establish and/or amend lists of nutrition and health claims; and to amend the list of foods in respect of which the making of claims is restricted or prohibited. Since those measures are of general scope and are designed to amend non-essential elements of that Regulation, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
 

(4)

When data protection provisions apply, the authorisation restricted to use by an individual operator should not prevent other applicants from applying for authorisation to use the same claim.
 

(5)

Regulation (EC) No 1924/2006 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1924/2006 is hereby amended as follows:

 

1.

Article 1 shall be amended as follows:

 

(a)

in paragraph 2, the second subparagraph shall be replaced by the following:

‘In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. National provisions may apply until the eventual adoption of Community measures designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).’;
 

(b)

paragraph 4 shall be replaced by the following:

‘4.   For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, a derogation from paragraph 3 designed to amend non-essential elements of this Regulation by supplementing it may be adopted in accordance...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

Full version

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8.

EU Monitor

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