28. 2. 96 Official Journal of the European Communities No L 49/17 COMMISSION DIRECTIVE 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutri- tional uses ('), and in particular Article 4 thereof, Whereas the Community measures envisaged by this Directive do not exceed what is necessary for the attain- ment of the objectives already provided for by Directive 89/398/EEC; Whereas processed cereal-based foods and baby foods for infants and young children are used as part of a diversi- fied diet and do not constitute the sole source of nourish- ment of infants and young children; Whereas there is a great variety of the products in ques- tion reflecting the widely varied diet of infants being weaned and young children owing to social and cultural circumstances existing in the Community; Whereas the essential composition of the products in question must be appropriate for the nutritional require- ments of infants and young children in good health as established by generally accepted scientific data, account being taken of the abovementioned factors; Whereas the essential nutritional requirements for the composition of the two broad categories of these products, namely processed cereal-based foods and baby foods should be laid down; Whereas although, because of the nature of such products, a number of mandatory requirements and other restric- tions as to the level of vitamins, minerals and other nutrients should be imposed, such nutrients may be added voluntarily by manufacturers provided that they use exclusively the substances listed in Annex IV to this Directive; Whereas the use of the products to which such nutrients have been voluntarily added at levels currently observed in the Community do not appear to result in excessive intakes of those nutrients by infants and young children; whereas attention will be paid to any future developments () OJ No L 186, 30. 6. 1989, p. 27. of the situation, and if necessary, appropriate measures will be taken; Whereas the provisions relating to the use of additives in the manufacture of processed cereal-based foods and baby foods will be laid down in a Council Directive; Whereas the use of novel food ingredients will be dealt with horizontally for all foodstuffs in a separate measure; Whereas this Directive reflects current knowledge about these products; whereas any amendment, to allow for innovation based on scientific and technical progress, will be decided by the procedure laid down in Article 13 of Directive 89/398/EEC; Whereas, in view of the persons for whom the products are intended, the necessary microbiological criteria and maximum levels for contaminants should be laid down without delay; Whereas pursuant to Article 7 of Directive 89/398/EEC the products covered by this Directive are subject to the general rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presenta- tion and advertising of foodstuffs (3, as last amended by Commission Directive 93/102/EC (%) Whereas in this Directive the additions and exceptions to those general rules are adopted .and expanded upon, where appropriate; Whereas, in particular, the nature and destination of the products covered by this Directive require nutritional labelling showing the energy value and principal nutrients they contain; whereas, on the other hand, the method of use should be specified in accordance with point 8 of Article 3 (1) and Article 10 of Directive 79/112/EEC, in order to prevent inappropriate uses liable to harm the health of infants; Whereas, whilst claims not specifically prohibited may generally be made for the products in question in confor- mity with the rules applicable for all foodstuffs, such claims should, where appropriate, take into account the compositional criteria specified in this Directive; () OJ No L 33, 8. 2. 1979, p. 1. () OJ No L 291, 25. 11. 1993, p. 14.