L 404/26 Official Journal of the European Union 30.12.2006 REGULATION (EC) No 1925/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee ('), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: There is a wide range of nutrients and other ingredients that might be used in food manufacturing, including, but not limited to, vitamins, minerals including trace elements, amino acids, essential fatty acids, fibre, various plants and herbal extracts. Their addition to foods is regulated in Member States by differing national rules that impede the free movement of these products, 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 harmo- nising national provisions relating to the addition of vita- mins and minerals and of certain other substances to foods. This Regulation aims to regulate the addition of vitamins and minerals to foods and the use of certain other substances or ingredients containing substances other than vitamins or minerals that are added to foods or used in the manufacture of foods under conditions that result in the ingestion of amounts greatly exceeding those reasonably expected to be ingested under normal condi- tions of consumption of a balanced and varied diet and/ or would otherwise represent a potential risk to consu- mers. In the absence of specific Community rules regarding prohibition or restriction of use of substances or ingredients containing substances other than vitamins or minerals under this Regulation or under other specific () 0JC112,30.4.2004, p. 44. (3 Opinion of the European Parliament of 26 May 2005 (O] C 117 E, 18.5.2006, p. 206), Council Common Position of 8 December 2005 (O] C 80 E, 4.4.2006, p. 27) and Position of the European Parliament of 16 May 2006 (not yet published in the Official Journal). Council Decision of 12 October 2006. Community provisions, relevant national rules may apply without prejudice to the provisions of the Treaty. Some Member States require the mandatory addition of some vitamins and minerals to certain ordinary foods, for reasons dictated by public health considerations. These reasons may be pertinent at national or even regional level, but would not currently justify harmonisa- tion of the mandatory addition of nutrients across the Community. However, if and when this became appro- priate, such provisions could be adopted at Community level. Meanwhile, it would be useful for information on such national measures to be compiled. Vitamins and minerals may be added to foods voluntarily by food manufacturers or must be added as nutritional substances as provided for by specific Community legisla- tion. They may also be added for technological purposes as additives, colourings, flavourings or other such uses including authorised oenological practices and processes provided for by relevant Community legislation. This Regulation should apply without prejudice to the specific Community rules concerning the addition of vitamins and minerals to or their use in specific products or groups of products or their addition for purposes other than those covered by this Regulation. Given that detailed rules on food supplements containing vitamins and minerals have been adopted by Direc- tive 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 supple- ments (°), provisions of this Regulation regarding vita- mins and minerals should not apply to food supple- ments. Vitamins and minerals are added to foods by manufac- turers for a number of purposes including to restore their content where this has been reduced during manufac- turing, storage or handling procedures or to provide a similar nutritional value to foods for which they are intended as alternatives. () OJ L 183, 12.7.2002, p. 51. Directive as amended by Commission Directive 2006/37/EC (O] L 94, 1.4.2006, p. 32).