S.I. No. 241/2007 - European Communities (Dietary Foods for Special Medical Purposes) (Amendment) Regulations 2007


S.I. No. 241 of 2007

EUROPEAN COMMUNITIES (DIETARY FOODS FOR SPECIAL MEDICAL PURPOSES) (AMENDMENT) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th May, 2007.

I, MARY HARNEY, Minister for Health and Children, 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 specific provisions relating to dietary foods for special medical purposes of Commission Directive 2006/82/EC 1 of 23 October 2006 adapting Directive 91/321/EEC 2 on infant formulae and follow-on formulae and Directive 1999/21/EC 3 on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Dietary Foods for Special Medical Purposes) (Amendment) Regulations 2007.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Dietary Foods for Special Medical Purposes) Regulations 2001 and 2007.

2. In these Regulations, “Principal Regulations” means the European Communities (Dietary Foods for Special Medical Purposes) Regulations 2001 ( S.I. No. 64 of 2001 ).

3. The Principal Regulations are amended—

(a) in Regulation 2(1), by inserting after the definition of “Certificate of an approved examiner”, the following definition:

“‘Commission Directive 2006/82/EC’ means Commission Directive 2006/82/EC 5A of 23 October 2006 adapting Directive 91/321/EEC 5B on infant formulae and follow-on formulae and Directive 1999/21/EC 4 on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania;”,

and by the addition of the following footnotes thereto:

5A OJ L 362, 20.12.2006, p. 94

5B OJ L 175, 4.7.1991, p. 35,

(b) by inserting after Regulation 6, the following Regulation:

“6A. The provisions of these Regulations are without prejudice to Article 4 of the Directive as amended by Commission Directive 2006/82/EC.”.

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GIVEN under my Official Seal,

22 May 2007

MARY HARNEY

Minister for Health and Children

EXPLANATORY NOTE

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

These Regulations amend the European Communities (Dietary Foods for Special Medical Purposes) Regulations 2001 ( S.I. No. 64 of 2001 ). These Regulations may be cited as the European Communities (Dietary Foods for Special Medical Purposes) (Amendment) Regulations 2007.

These Regulations give partial effect to Commission Directive 2006/82/EC of 23 October 2006 adapting Directive 91/321/EEC on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania.

1 OJ L 362, 20.12.2006, p. 94.

2 OJ L 175, 4.7.1991, p. 35.

3 OJ L 91, 7.4.1999, p. 29.