Royal Decree 1334/1999 of 31 July, in addition to incorporating into national law Directive 97 /4/EC of the European Parliament and of the Council of 27 January 1997 amending Directive 79 /112/EEC on the Council, on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs intended for the final consumer, carried out a recasting of the general rule of labelling, presentation and advertising of foodstuffs, approved by the Royal Decree 212/1992, of 6 March, and its subsequent amendments, which were repealed with effect from its entry into force. The general rule was subsequently amended on a number of occasions in order to incorporate into national law the provisions of the Community directives subsequently adopted in this field. In particular, by means of Royal Decree 2220/2004 of 26 November amending the general rule on the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July, a new Annex V in the general rule. In addition, the Commission Directive 2007 /68/EC of 27 November 2007 amending Annex IIIa to Directive 2000 /13/EC of the European Parliament and of the Council as regards certain of the provisions of Directive 2007 /68/EC has been adopted food ingredients. The recitals of that Directive provide that, in accordance with the criteria of the European Food Safety Authority (EFSA) and other available information, it may be concluded that, in specific circumstances, certain ingredients or substances, derived from the ingredients listed in Annex IIIa to Directive 2000 /13/EC, are unlikely to cause adverse reactions in susceptible individuals and therefore the ingredients or substances derived from such substances are considered to be Ingredients should be permanently excluded from that Annex IIIa. These circumstances make it necessary to adopt the appropriate provisions in order to adapt the internal legal order to the provisions of Commission Directive 2007 /68/EC of 27 November 2007, and therefore by means of this Directive The decree is applicable to its transposition. This rule is of a basic nature and is dictated by the provisions of Article 149.1.13. and 16. of the Constitution, which gives the State exclusive competence in the field of bases and coordination of the general planning of the activity. This is the case for the economic and social foundations and general coordination of health, respectively, and in accordance with Article 40.2 of Law 14/1986 of 25 April, General of Health. It has been consulted by the autonomous communities and has been heard by the consumer and user associations and the sectors concerned, and has issued its mandatory report to the Inter-Ministerial Committee for Regional Planning. Food. In its virtue, on a proposal from the Ministers for Health and Consumer Affairs, Industry, Tourism and Trade and the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 18 March. July 2008,

D I S P O N G O:

Single item. Amendment of the general rule for the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July.

Annex V of the general standard for the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July, is replaced by the Annex to this royal decree.

Single transient arrangement. Extension of marketing.

Food products placed on the market or labelled before 31 May 2009, which comply with the above provisions but which do not comply with the provisions of this royal decree, may be distributed until the stocks.

The marketing extension will affect exclusively food products marketed or labelled in accordance with Royal Decree 1164/2005 of 30 September 2005, which temporarily suspends the application of a Part of Annex V to the general rule on the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13. and 16. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. This is the case for the economic and social foundations and general coordination of health, respectively, and in accordance with Article 40.2 of Law 14/1986 of 25 April, General of Health.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 18, 2008.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ

ANNEX " ANNEX V

Ingredients referred to in paragraphs 9 and 10 of Article 7

1. Cereals containing gluten (i.e. wheat, rye, barley, oats, spelt, kamut or their hybrid varieties) and derived products, except: (a) wheat-based glucose syrups, including dextrose (1);

(b) wheat-based maltodextrins (1); (c) barley-based glucose syrups; (d) cereals used to make distillates or ethyl alcohol of agricultural origin for alcoholic beverages.

2. Crustaceans and products based on crustaceans.

3. Eggs and egg-based products. 4. Fish and fish-based products, except:

a) fish gelatin used as a support for vitamins or carotenoid preparations;

b) fish gelatin or ichthyocola used as a clarifier in beer and wine.

5. Peanuts and peanut-based products.

6. Soya and soya-based products, except:

a) Fully refined soybean oil and seed fat (1);

b) natural mixed tocopherols (E306), natural d-alpha tocopherol, natural d-alpha tocopherol acetate and natural d-alpha-tocopherol succinate derived from soya; c) phytosterols and phytosterol esters derived from oils Soya plants; (d) phytostanol esters derived from phytosterols of soybean seed oil.

7. Milk and its derivatives (including lactose), except: (a) whey used to make distillates or ethyl alcohol of agricultural origin for alcoholic beverages;

b) lactitol.

8. Nuts, i.e. almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashews (Anacardium occidentale), pecans (Carya illinoensis (Wangenh.) K. Koch), chestnuts de Para (Bertholletia excelsa), pistachios or alfoncigos (Pistacia vera), macadamias or Australia nuts (Macadamia ternifolia) and derived products, except: (a) nuts used to make distillates or ethyl alcohol of agricultural origin for alcoholic beverages. 9. Apio and derived products.

10. Mustard and derived products. 11. sesame grains and sesame grain-based products. 12. Sulphur dioxide and sulphites in concentrations exceeding 10 mg/kg or 10 mg/litre expressed as SO2. 13. Lupins and products based on lupins. 14. Molluscs and mollusc-based products.

(1) Also applies to derived products, in so far as it is unlikely that the processes to which they have been subjected will increase the level of allergenicity determined by the EFSA for the product from which they are derived. "