6.3.2008 Official Journal of the European Union L 62/9 DIRECTIVES COMMISSION DIRECTIVE 2008/38/EC of 5 March 2008 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (Text with EEA relevance) (Codified version) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for particular nutritional purposes (1), and in particular Article 6(a) thereof, Whereas: (1)  Commission Directive 94/39/EC of 25 July 1994 estab- lishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (?) has been substantially amended several times (?). In the interests of clarity and rationality the said Directive should be codified. (2)  Directive 93/74/EEC provides for the establishment of a positive list of the intended uses of animal feedingstuffs for particular nutritional purposes. That list must indicate the precise use, that is to say, the particular nutritional purpose, the essential nutritional characteristics, the labelling declarations and where appropriate the special labelling requirements. (3)  Certain nutritional purposes cannot be included at present in the list of intended uses due to the absence of Community methods of control for the energy value in pet foods and for dietary fibre in feedingstuffs. This list must be completed as soon as these methods have been adopted. (4)  The established list may be modified, where appropriate, following developments in scientific and technical knowledge. () OJ L 237,22.9.1993, p. 23. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). (® OJ L 207, 10.8.1994, p. 20. Directive as last amended by Directive 2008/4/EC (O] L 6, 10.1.2008, p. 4). (®) See Annex II, part A. (5)  The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health. (6)  This Directive should be without prejudice to the obli- gations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex II, Part B, HAS ADOPTED THIS DIRECTIVE: Article 1 Member States shall require that feedingstuffs intended for particular nutritional purposes within the meaning of Directive 93/74/EEC shall be marketed only if their intended uses are included in Part B of Annex I to this Directive and if they fulfil the other provisions laid down in that Part of An- nex L Furthermore, the Member States shall ensure that the provisions under ‘General provisions’ of Part A of Annex I are complied with. Article 2 Directive 94/39/EC, as amended by the Directives listed in Annex I, Part A, is repealed, without prejudice to the obli- gations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex II, Part B. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IIL Article 3 This Directive shall enter into force on 31 July 2008.