COUNCIL RESOLUTION of 18 June 1992 on the marketing of breast-milk substitutes in third countries by Community-based manufacturers (92/C 172/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Whereas Council Directive 92/52/EEC of 18 June 1992 on infant formulae and follow-on formulae intended for export to third countries (1) renders applicable to such products a certain number of Community provisions relating to the composition and the labelling of infant formulae and follow-on formulae;

Whereas in May 1981 the 34th World Health Assembly adopted as a recommendation the International Code of Marketing of Breast-milk Substitutes;

Whereas a considerable volume of these products is sold to third countries by Community-based manufacturers;

Whereas it is considered very important that marketing practices in third countries should not discourage mothers from breastfeeding;

Whereas the application of the International Code provides without doubt an excellent way to achieve this in these countries;

Whereas the Community cannot legislate for these countries; whereas it is nevertheless necessary to encourage compliance with the International Code of Marketing of Breast-milk Substitutes when these products are placed on sale in export markets, in so far as this does not conflict with the provisions in force in the countries concerned;

Whereas the Community can offer an effective support to the competent authorities of these countries in their efforts to apply the International Code in their territory,

HAS ADOPTED THE FOLLOWING RESOLUTION:

1. The Community will contribute to the application of appropriate marketing practices for breast-milk substitutes in third countries.

2. For the implementation of point 1, the Commission will instruct its delegations in third countries to serve as contact points for the competent authorities. Any complaints or criticisms with respect to the marketing practices of a manufacturer based in the Community could be notified to them.

3. The Commission will be ready to examine such cases and to assist in the search for a satisfactory solution for all parties concerned.

4. This resolution will be communicated by the Commission to the countries concerned through the official channels.

5. The Commission will forward to the European Parliament and to the Council every two years a report on the results of the application of this resolution.

(1) OJ No L 179, 1. 7. 1992.