S.I. No. 176/2018 - European Union (Nutrition and Health Claims made on Foods)(Amendment) Regulations 2018


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th May, 2018.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Implementing Regulation (EU) 2017/672 of 7 April 20171 and Commission Implementing Regulation (EU) 2017/676 of 10 April 20172 hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Nutrition and Health Claims made on Foods) (Amendment) Regulations 2018.

(2) The Principal Regulations, the European Union (Nutrition and Health Claims made on Foods) (Amendment) Regulations 2015 ( S.I. No. 458 of 2015 ), the Regulations of 2017 and these Regulations may be cited together as the European Union (Nutrition and Health Claims made on Foods) Regulations 2014 to 2018.

2. In these Regulations—

“Principal Regulations” means European Union (Nutrition and

Health Claims made on Foods) Regulations 2014 ( S.I. No. 11 of 2014 );

“Regulations of 2017” means European Union (Nutrition and Health Claims made on Foods) (Amendment) Regulations ( S.I. No. 154 of 2017 ).

3. Regulation 2(1) of the Principal Regulations (as last amended by Regulation 3 of the Regulations of 2017) is amended by substituting for the definition of “list of permitted claims which may be made on foods, as provided for in Article 13(3) of EC Regulation 1924/2006” the following definition:

“ ‘list of permitted claims which may be made on foods, as provided for in Article 13(3) of EC Regulation 1924/2006’ means the health claim in relation to water-soluble tomato concentrate which may be made on foods pursuant to the Annex to Commission Decision 2009/980/EU of 17 December 20093 as amended by Commission Decision 2010/770/EU of 13 December 20104 and the list of permitted health claims other than those referring to the reduction of disease risk and to children’s development and health, which may be made on foods pursuant to the Annex to Commission Regulation (EU) No. 432/2012 of 16 May 20125 as amended by Commission Regulation (EU) No. 536/2013 of 11 June 20136 , Commission Regulation (EU) No. 851/2013 of 3 September 20137 , Commission Regulation (EU) No. 1018/2013 of 23 October 20138 , Commission Regulation (EU) No. 40/2014 of 17 January 20149 , Commission Regulation (EU) 2015/7 of 6 January 201510 , Commission Regulation (EU) 2015/539 of 31 March 201511 , Commission Regulation (EU) 2015/2314 of 7 December 201512 , Commission Implementing Regulation (EU) 2016/854 of 30 May 201613 , Commission Regulation (EU) 2016/1413 of 24 August 201614 , Commission Implementing Regulation (EU) 2017/672 of 7 April 20171 and Commission Implementing Regulation (EU) 2017/676 of 10 April 20172;”.

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GIVEN under my Official Seal,

23 May 2018.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to Commission Implementing Regulation (EU) 2017/672 of 7 April 2017 and Commission Implementing Regulation (EU) 2017/676 of 10 April 2017 which amend the Annex to Regulation (EU) No. 432/2012. The latter Annex sets out the list of permitted health claims, other than those referring to the reduction of disease risk and to children’s development and health, which may be made on foods; Regulation (EU) 2017/672 and Regulation (EU) 2017/676 amend that Annex by adding to that list.

These Regulations amend the European Union (Nutrition and Health Claims made on Foods) Regulations 2014 ( S.I. No. 11 of 2014 ) in the manner specified in these Regulations.

These Regulations may be cited as the European Union (Nutrition and Health Claims made on Foods) (Amendment) Regulations 2018.

1 OJ No. L. 97, 8.4.2017, p. 24.

2 OJ No. L. 98, 11.4.2017, p. 1.

3 OJ No. L. 336, 18.12.2009, p. 55.

4 OJ No. L. 328, 14.12.2010, p. 18.

5 OJ No. L. 136, 25.5.2012, p. 1.

6 OJ No. L. 160, 12.6.2013, p. 4.

7 OJ No. L. 235, 4.9.2013, p. 3.

8 OJ No. L. 282, 24.10.2013, p. 43.

9 OJ No. L. 14, 18.1.2014, p. 8.

10 OJ No. L. 3, 7.1.2015, p. 3.

11 OJ No. L. 88, 1.4.2015, p. 7.

12 OJ No. L. 328, 12.12.2015, p. 46.

13 OJ No. L. 142, 31.5.2016, p. 5.

14 OJ No. L. 230, 25.8.2016, p. 8.