Message 002
Communication from the Commission - TRIS/(2020) 02814
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2020/0482/NL
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 202002814.EN)
1. MSG 002 IND 2020 0482 NL EN 27-07-2020 NL NOTIF
2. NL
3A. Ministerie van Financiën
Belastingdienst/Douane centrale dienst voor in- en uitvoer
3B. Ministerie van Volksgezondheid, Welzijn en Sport
Directie Voeding, Gezondheidsbescherming en Preventie
4. 2020/0482/NL - C50A
5. Decree containing rules on foods based on (cow or goat milk) protein, to which at least one or more vitamins, minerals or other substances have been added, and which are intended to be used as a drink for young children between the ages of one and three years (Commodities Act Decree on toddler formula and toddler milk)
6. Toddler formula and toddler milk.
7. - Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods
- Directive 2000/13/EC relating to the labelling, presentation and advertising of foodstuffs
8. Commodities Act Decree on toddler formula and toddler milk
This decree contains rules on foods based on (cow or goat milk) protein, to which at least one or more vitamins, minerals or other substances have been added, and which are intended to be used as a drink for young children between the ages of one and three years.
Amendment to the Commodities Act Decree on administrative penalties
The Annex to the Commodities Act Decree on administrative penalties is amended so that a breach of the provisions of the Commodities Act Decree on toddler formula or toddler milk may be punished with an administrative penalty.
9. With the repeal of Directive 2009/39/EC in 2016, toddler formula and milk products have been designated as general foods, thus falling within the scope of the General Food Law. In the Netherlands, the Commodities Act Decree on the addition of micronutrients to foods for general food products includes a restriction on the addition of vitamins and minerals, as an excessive intake of these substances may be harmful. As a consequence, it has no longer been lawful to sell toddler formula and milk on the Dutch market since 2016. This Decree allows the industry to continue marketing toddler formula and milk as a general food with minor adjustments to the current composition, as is the practice in other EU Member States. In the event of possible nutrient deficiencies, these products could certainly play a role. In special cases and based on scientific advice, the addition of specific vitamins, minerals or other substances to foods may be required. This scientific advice is lacking for toddler formula and toddler milk. Therefore, this Decree does not contain any obligation to add specific vitamins, minerals or other substances to toddler formula and milk.
Article 13d of the Commodities Act includes a mutual recognition clause. The mutual recognition principle entails that an EU Member State shall not ban the sale of goods that have been legally brought onto the market in another EU Member State in its own territory on the grounds that the goods do not meet its own national regulations. It is critical here that goods from another EU Member State offer at least an equivalent level of protection. Thus, trade in goods with an equivalent level of protection originating from other EU Member States falling under the scope of this Decree shall not be prohibited by virtue of the requirements set out in this Decree. This is in accordance with Article 10 of Regulation (EC) No 1925/2006, which states that Member States may not restrict or forbid trade in foods which comply with the requirements of that regulation and of Community acts adopted for its implementation by the application of non-harmonised national provisions governing the addition of vitamins and minerals to foods.
The requirements on goods set out in this Decree are justified in the interests of protecting consumers from products that do not meet the quality standards to which they are accustomed.
10. Numbers or titles of the basic texts: - Commodities Act Decree on toddler formula and toddler milk
- Commodities Act Decree on administrative penalties
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
No - the draft does not have any major impact on international trade.
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure.
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
