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S.I. No. 458/2015 - European Union (Nutrition and Health Claims made on Foods) (Amendment) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd October, 2015.

I, LEO VARADKAR, Minister for Health, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving further effect to Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 20111 and for the purpose of giving effect to Commission Regulation (EU) No. 1018/2013 of 23 October 20132 , Commission Regulation (EU) No. 40/2014 of 17 January 20143 , Commission Regulation (EU) No. 686/2014 of 20 June 20144 , Commission Regulation (EU) No. 1135/2014 of 24 October 20145 , Commission Regulation (EU) No. 1226/2014 of 17 November 20146 , Commission Regulation (EU) No. 1228/2014 of 17 November 20147 , Commission Regulation (EU) 2015/7 of 6 January 20158 and Commission Regulation (EU) 2015/539 of 31 March 20159 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 2015.

(2) The Principal Regulations and these Regulations may be cited together as the European Union (Nutrition and Health Claims made on Foods) Regulations 2014 and 2015.

2. In these Regulations—

“Principal Regulations” means European Union (Nutrition and Health Claims made on Foods) Regulations 2014 ( S.I. No. 11 of 2014 ).

3. The Principal Regulations are amended—

(a) in Regulation 2(1), by substituting for the definition of “EC Regulation 1924/2006” the following:

‘“EC Regulation 1924/2006” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council of 20 December 200610 as affected by Corrigendum to Regulation (EC) No. 1924/2006 of the European Parliament and of the Council of 20 December 200611 and as amended by Regulation (EC) No. 107/2008 of the European Parliament and of the Council of 15 January 200812 , Regulation (EC) No. 109/2008 of the European Parliament and of the Council of 15 January 200813 , Commission Regulation (EU) No. 116/2010 of 9 February 201014 , Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 20111 and Commission Regulation (EU) No. 1047/2012 of 8 November 201215 ;”,

(b) in Regulation 2(1), 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:

‘“list of permitted claims which may be made on foods, as provided for in Article 13(3) of EC Regulation 1924/2006’ means 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 listed in the Annex to Commission Decision 2009/980/EC of 17 December 200916 as amended by Commission Decision 2010/770/EU of 13 December 201017 and the Annex to Commission Regulation (EU) No. 432/2012 of 16 May 201218 as amended by Commission Regulation (EU) No. 536/2013 of 11 June 201319 , Commission Regulation (EU) No. 851/2013 of 3 September 201320 , Commission Regulation (EU) No. 1018/2013 of 23 October 20132, Commission Regulation (EU) No. 40/2014 of 17 January 20143, Commission Regulation (EU) 2015/7 of 6 January 20158 and Commission Regulation (EU) 2015/539 of 31 March 20159;”, and

(c) in Regulation 2(1), by substituting for the definition of “list of permitted claims which may be made on foods, as provided for in Article 14(1) of EC Regulation 1924/2006” the following:

‘“list of permitted claims which may be made on foods, as provided for in Article 14(1) of EC Regulation 1924/2006’ means the list of permitted reduction of disease risk claims and claims referring to childrens development and health listed in Annex I to Commission Regulation (EC) No. 983/2009 of 21 October 200921 as amended by Commission Regulation (EU) No. 376/2010 of 3 May 201022 and Commission Regulation (EU) No. 686/2014 of 20 June 20144 and Annex I to Commission Regulation (EC) No. 1024/2009 of 29 October 200923 , Commission Regulation (EU) No. 384/2010 of 5 May 201024 as amended by Commission Regulation (EU) No. 686/2014 of 20 June 20144, Commission Regulation (EU) No. 957/2010 of 22 October 201025 , Commission Regulation (EU) No. 440/2011 of 6 May 201126 , Commission Regulation (EU) No. 665/2011 of 11 July 201127 , Commission Regulation (EU) No. 1160/2011 of 14 November 201128 , Commission Regulation (EU) No. 1228/2014 of 17 November 20147 and the Annex to Commission Regulation (EU) No. 1048/2012 of 8 November 201229 , Commission Regulation (EU) No. 1135/2014 of 24 October 20145 and Commission Regulation (EU) No. 1226/2014 of 17 November 20146;”.

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GIVEN under my Official Seal,

21 October 2015.

LEO VARADKAR,

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 Regulation (EU) No. 1018/2013 of 23 October 2013, Commission Regulation (EU) No. 40/2014 of 17 January 2014, Commission Regulation (EU) No. 1135/2014 of 24 October 2014, Commission Regulation (EU) No. 1226/2014 of 17 November 2014, Commission Regulation (EU) No. 1228/2014 of 17 November 2014, Commission Regulation (EU) 2015/7 of 6 January 2015, Commission Regulation (EU) 2015/539 of 31 March 2015 authorising health claims made on foods referring to the reduction of disease risk and authorising health claims made on foods other than those referring to the reduction of disease risk and to childrens development and health.

They also give effect to Commission Regulation (EU) No. 686/2014 of 20 June 2014 amending Regulations (EC) No. 983/2009 and (EU) No. 384/2010 as regards the conditions of use of certain health claims related to the lowering effect of plant sterols and plant stanols on blood LDL-cholesterol and further effect to Regulation (EU) No. 1169/2011 of 25 October 2011 as affected by the Corrigendum to Regulation (EU) No. 1169/2011.

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 2015.

1 OJ No. L. 304, 22.11.2011, p. 18. as affected by Corrigendum (OJ No. L. 247, 13.9.2012, p. 17).

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

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

4 OJ No. L. 182, 21.6.2014, p. 27.

5 OJ No. L. 307, 28.10.2014, p. 23.

6 OJ No. L. 331, 18.11.2014, p. 3.

7 OJ No. L. 331, 18.11.2014, p. 8.

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

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

10 OJ No. L. 404, 30.12.2006, p. 9.

11 OJ No. L. 12, 18.1.2007, p. 3.

12 OJ No. L. 39, 13.2.2008, p. 8.

13 OJ No. L. 39, 13.2.2008, p. 14.

14 OJ No. L. 37, 10.2.2010, p. 16.

15 OJ No. L. 310, 9.11.2012, p. 36.

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

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

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

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

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

21 OJ No. L. 277, 22.10.2009, p. 3.

22 OJ No. L. 111, 4.5.2010, p. 3.

23 OJ No. L. 283, 30.10.2009, p. 22.

24 OJ No. L. 113, 6.5.2010, p. 6.

25 OJ No. L. 279, 23.10.2010, p. 13.

26 OJ No. L. 119, 7.5.2011, p. 4.

27 OJ No. L. 182, 12.7.2011, p. 5.

28 OJ No. L. 296, 15.11.2011, p. 26.

29 OJ No. L. 310, 9.11.2012, p. 38.