12.7.2002 Official Journal of the European Communities L 183/51 DIRECTIVE 2002/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1) There is an increasing number of products marketed in the Community as foods containing concentrated sources of nutrients and presented for supplementing the intake of those nutrients from the normal diet. (2)  Those products are regulated in Member States by differing national rules that may impede their free move- ment, create unequal conditions of competition, and thus have a direct impact on the functioning of the internal market. It is therefore necessary to adopt Community rules on those products marketed as foodstuffs. (3)  An adequate and varied diet could, under normal circumstances, provide all necessary nutrients for normal development and maintenance of a healthy life in quanti- ties which meet those established and recommended by generally acceptable scientific data. However, surveys show that this ideal situation is not being achieved for all nutrients and by all groups of the population across the Community. (4)  Consumers, because of their particular lifestyles or for other reasons, may choose to supplement their intake of some nutrients through food supplements. (5)  In order to ensure a high level of protection for consu- mers and facilitate their choice, the products that will be put on to the market must be safe and bear adequate and appropriate labelling. () OJ C 311 E, 31.10.2000, p. 207 and C180E, 26.6.2001, p. 248. () O] C 14, 16.1.2001, p. 42. (*) Opinion of the European Parliament of 14 February 2001 (O] C 276, 1.10.2001, p. 126), Council Common Position of 3 December 2001 (OJ C 90 E, 16.4.2002, p. 1) and Decision of the European Parliament of 13 March 2002. Council Decision of 30 May 2002. (6) There is a wide range of nutrients and other ingredients that might be present in food supplements including, but not limited to, vitamins, minerals, amino acids, essential fatty acids, fibre and various plants and herbal extracts. As a first stage, this Directive should lay down specific rules for vitamins and minerals used as ingredients of food supplements. Food supplements containing vita- mins or minerals as well as other ingredients should also be in conformity with the specific rules on vitamins and minerals laid down in this Directive. Specific rules concerning nutrients, other than vitamins and minerals, or other substances with a nutritional or physiological effect used as ingredients of food supple- ments should be laid down at a later stage, provided that adequate and appropriate scientific data about them become available. Until such specific Community rules are adopted and without prejudice to the provisions of the Treaty, national rules concerning nutrients or other substances with nutritional or physiological effect used as ingredients of food supplements, for which no Community specific rules have been adopted, may be applicable. Only vitamins and minerals normally found in, and consumed as part of, the diet should be allowed to be present in food supplements although this does not mean that their presence therein is necessary. Contro- versy as to the identity of those nutrients that could potentially arise should be avoided. Therefore, it is appropriate to establish a positive list of those vitamins and minerals. There is a wide range of vitamin preparations and mineral substances used in the manufacture of food supplements currently marketed in some Member States that have not been evaluated by the Scientific Committee on Food and consequently are not included in the posi- tive lists. These should be submitted to the European Food Safety Authority for urgent evaluation, as soon as appropriate files are presented by the interested parties.