Article 38
Amendments to Regulation (EC) No 258/97 Regulation (EC) No 258/97 is hereby amended with effect from the date of application of this Regulation as follows: 1. The following provisions shall be deleted: - Article 1(2)(a) and (b), - Article 3(2), second subparagraph, and (3), - Article 8(1)(d), - Article 9. 2. In Article 3, the first sentence of paragraph 4 shall be replaced by the following: "4. By way of derogation from paragraph 2, the procedure referred to in Article 5 shall apply to foods or food ingredients referred to in Article 1(2)(d) and (e) which, on the basis of the scientific evidence available and generally recognised or on the basis of an opinion delivered by one of the competent bodies referred to in Article 4(3), are substantially equivalent to existing foods or food ingredients as regards their composition, nutritional value, metabolism, intended use and the level of undesirable substances contained therein."