Transitional Measures
The following are transitional measure in place for Regulation 1924/2006/EC
| Application of Regulation |
| 30th December 2006 |
Published in the Official Journal of the EU (corrected version published on the 18th January 2007 OJ L12 p3) |
| 19th January 2007 |
Entered into force on the twentieth day following that of its publication (Article 29) |
| 1st July 2007 |
Regulation applies from this date (Article 29) |
| Future Developments |
| By 19th January 2009 |
Nutrient profiles (Article 4)
The European Commission shall, in accordance with the procedure referred to in Article 25(2), establish specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles
The European Commission has written to the European Food Safety Authority (EFSA) requesting scientific advice on the setting of nutrient profiles |
With regard to the provisions in Article 4(1) (Nutrient Profiles), foods may be marketed until 24 months following adoption of the relevant nutrient profiles and their conditions of use (Article 28(1)) |
| Existing Products |
| Trade marks or brand names existing before 1st January 2005 |
Products bearing trade marks or brand names existing before 1st January 2005 which do not comply with Regulation (EC) No. 1924/2006 may continue to be marketed until 19th January 2022 after which time the provisions of this Regulation shall apply (Article 28(2)) |
Until 19th January 2022 |
| Placed on market or labelled prior to 1st July 2007 |
Foods placed on the market or labelled prior to 1st July 2007 which do not comply with this Regulation may be marketed until their expiry date, but not later than 31st July 2009 (Article 28(1)) |
Until expiry date of food but not later than 31st July 2009 |
| Nutrition Claims |
| Nutrition claims which have been used in a Member State before1st January 2006 in compliance with national provisions |
Transitional measures Article 28 (3)
Nutrition claims which have been used in a Member State before 1st January 2006 in compliance with national provisions applicable to them and which are not included in the Annex, may continue to be used until 19th January 2010 under the responsibility of food business operators and without prejudice to the adoption of safeguard measures as referred to in Article 24 of Regulation (EC) No 1924/2006. |
May continue to be used until 19th January 2010
Note:Additional national provisions/ requirements have not been introduced inIreland |
| Nutrition claims in the form of pictorial, graphic or symbolic representation not included in the Annex |
Transitional measures Article 28 (4)
Must comply with the general principles of the Regulation, and used according to specific conditions and criteria elaborated by national provisions or rules;
Member States shall communicate to the Commission, by 31st January 2008 at the latest, such nutrition claims and the national provisions or rules applicable, accompanied by scientific data in support of such provisions or rules;
Nutrition claims not authorised under this procedure by the European Commission, may continue to be used for 12 months following the adoption of the EC Decision |
Note: Additional national provisions have not been introduced in Ireland |
| Health Claims |
| Member States to provide list to Commission by 31st January 2008 at the latest |
Health claims other than those referring to the reduction of disease risk and to children's development and health (Article 13(2))
Member States shall provide the European Commission with lists of health claims describing or referring to:
(a) the role of a nutrient or other substance in growth, development and the functions of the body; or
(b) psychological and behavioural functions; or
(c) without prejudice to Directive 96/8/EC, slimming or weight control or a reduction in the sense of hunger or an increase in the sense of satiety or to the reduction of the available energy from the diet,
by 31st January 2008 at the latest accompanied by the conditions applying to them and by references to the relevant scientific justification. |
| Commission to adopt list by 31st January 2010 |
List of permitted claims (Article 13(3))
After consulting EFSA, the European Commission shall adopt, in accordance with the procedure referred to in Article 25(2), a Community list of permitted claims as referred to in paragraph 1, and all necessary conditions for the use of these claims by 31st January 2010 at the latest. |
| From 19th January 2007 |
Transitional measures Article 28
Health claims as referred to in Article 13(1)(a) i.e. health claims describing or referring to the role of a nutrient or other substance in growth, development and the functions of the body may be made from 19th January 2007 until the adoption of the list referred to in Article 13(3) (to be adopted by 31st January 2010), under the responsibility of food business operators provided that they comply with Regulation (EC) No 1924/2006 and with existing national provisions applicable to them, and without prejudice to the adoption of safeguard measures as referred to in Article 24 of Regulation (EC) No 1924/2006 |
| Health claims other than those referred to in Articles 13 (1)(a) and 14, which have been used in compliance with national provisions before19th January 2007 |
Transitional measures Article 28(6)
Transitional measures exist for health claims other than those referred to in Articles 13 (1)(a) and 14 (i.e. reduction of disease risk claims and claims referring to children’s development and health), which have been used in compliance with national provisions before 19th January 2007
Article 6(a) details transitional measures for health claims which have been the subject of evaluation and authorisation in a Member State . However, this authorisation procedure does not apply inIreland as national measures for evaluating and authorising health claims have not been introduced to date.
Article 6(b) details transitional measures for health claims which have not been the subject of evaluation and authorisation in a Member State: such claims may continue to be used provided an application is made pursuant to Regulation (EC) No 1924/2006 before 19 th January 2008; health claims not authorised under this procedure may continue to be used for six months after a decision is taken pursuant to Article 17(3). |
| By 19th January 2013 |
Article 27 Evaluation
By 19th January 2013 at the latest, the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation, in particular on the evolution of the market in foods in respect of which nutrition or health claims are made and on the consumers' understanding of claims, together with a proposal for amendments if necessary.
The report shall also include an evaluation of the impact of this Regulation on dietary choices and the potential impact on obesity and non-communicable diseases. |
Last reviewed: 11/3/2009