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Therefore, as of 20 July 2016, milk-based drinks for young children are considered normal foods and are thus exclusively covered by horizontal rules of European Union food law. Such conclusions were based on the scientific advice of the European Food Safety Authority (hereafter ‘the Authority’) issued on young child formulae in 2013 ( 5) in which it noted that these products have ‘no unique role’ and ‘cannot be considered as a necessity to satisfy the nutritional requirements of young children’ when compared to other foods that may be included in their normal diet. This report concluded that there is no necessity for specific provisions for this category of foods as the correct and complete application of the general framework of European Union food law can adequately regulate the composition of milk-based drinks for young children and the communication of the characteristics of the products. In accordance with Article 12 of Regulation (EU) No 609/2013 of the European Parliament and of the Council ( 3), which required the Commission to analyse if specific provisions for milk-based drinks and similar products intended for young children are necessary, the Commission adopted a report on 31 March 2016 ( 4). More precisely, the Dutch authorities argue that in order to ensure that safe quantities of ‘other substances’ are consumed by young children, ‘toddler milk’ and ‘toddler drinks’ should comply with the same compositional requirements for ‘other substances’ as those laid down in the harmonised legislation for follow-on formulae. The Dutch authorities consider that the draft measure is justified on the ground of protection of human health.
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In particular, Article 3 of the draft decree provides for minimum compositional requirements for proteins, lipids and carbohydrates as laid down in Annex II to Commission Delegated Regulation (EU) 2016/127 ( 2).įurthermore, Article 4 of the draft decree provides that with regard to certain other substances, the compositional requirements laid down in Annex II to Delegated Regulation (EU) 2016/127 apply.
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In accordance with the procedure provided for in Article 12 read in conjunction with Article 11(2)(b) of Regulation (EC) No 1925/2006, the Dutch authorities notified the Commission on 28 July 2020 of a draft 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 drink and toddler milk).Īrticle 1 of the draft decree lays down a definition for ‘toddler drink’ and for ‘toddler milk’.Īrticles 3 and 4 of the draft decree establish requirements on the composition of ‘toddler drink’ and ‘toddler milk’, including restrictions on the use of certain other substances in the sense of Article 2(2) of Regulation (EC) No 1925/2006. Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods provides, in the absence of Community provision, for the notification and the assessment of national new provisions concerning, inter alia, the prohibition or restriction on the use of certain other substances in the manufacture of specified foods. Having regard to Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods ( 1), and in particular Article 11(2)(b) and 12 thereof, Having regard to the Treaty on the Functioning of the European Union, (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)ĬOMMISSION IMPLEMENTING DECISION (EU) 2022/101Ĭoncerning a draft Decree by the Kingdom of the Netherlands on toddler drinks and toddler milk notified in accordance with Article 12 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council Commission Implementing Decision (EU) 2022/101 of 24 January 2022 concerning a draft Decree by the Kingdom of the Netherlands on toddler drinks and toddler milk notified in accordance with Article 12 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council (notified under document C(2022) 313) (Only the Dutch text is authentic) (Text with EEA relevance)