Activities of Françoise GROSSETÊTE related to 2011/0156(COD)
Plenary speeches (1)
Food intended for infants and young children and food for special medical purposes (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on food intended for infants and young children and food for special medical purposes
Amendments (21)
Amendment 12 #
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2009/39/EC foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses: 'food intended to meet the expenditure of intense muscular effort, especially for sportsmen' and 'food for persons suffering from carbohydrate metabolism disorders (diabetes)'. With regard to food intended to meet the expenditure of intense muscular effort, in light of the report of 22 June 2000 by the European Commission’s Scientic Committee on Food, no successful conclusion could be reached as regards the development of specific provisions due to widely diverging views among Member States and stakeholders concerning the scope of the specific legislation, the number of sub-categories of the food to be included, the criteria for establishing composition requirements and the potential impact on innovation in product development. As regards special provWork on this needs to continue and the Commissions for food for persons suffering from carbohydrate metabolism disorders (diabetes), a Commission report concludes that the scientific basis for setting specific compositional requirements is lacking should be asked to draw up a report on ‘Food intended to meet the expenditure of intense muscular effort’ so that a coherent and effective strategy to protect consumers, manufacturers in the sector and the operation of the internal market may be produced. Taking the conclusions of this report as its basis, the Commission may submit proposals to amend the relevant Union legislation or may take new initiatives, where appropriate, on a sectoral basis.
Amendment 15 #
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food, milk-based drinks for young children and food for special medical purposes. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/21/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal-based food and baby food for infants and young children, milk-based drinks for young children and to food for special medical purposes, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC. Furthermore, the concept of ‘particular nutritional use’ should be maintained and strictly limited to products able to demonstrate their unique capacity to meet the specific nutritional needs of vulnerable groups of the population, as without this said products would not be able to be placed on the market under current EU law.
Amendment 27 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, milk-based drinks for young children and food for special medical purposes, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, milk-based drinks for young children and food for special medical purposes laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements and the procedure for placing on the market foodstuffs resulting from scientific and technological innovations with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 35 #
Proposal for a regulation
Recital 26
Recital 26
(26) Currently, the statements ‘gluten-free’ and ‘very low gluten’ may be used for food intended for particular nutritional uses and for food for normal consumption under the rules specified in Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. Such statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely byThe recently adopted Regulation (EU) No 1169/2011 on the provision of food information to consumers provides for the adoption by the Commission of implementing acts regulating voluntary information on the possible and unintentional presence in food of a substance causing allergies or intolerances. For reasons of coherence and simplification of the legal framework, the Commission should be granted a mandate under Regulation (ECU) No 1924/2006 and comply with requirements therein. It is necessary that technical169/2011 to also adopt implementing acts regulating voluntary information on the absence or reduced presence in food of substances causing intolerances, such as gluten and lactose, and to withdraw Commission Regulation (EC) No 41/2009. It is necessary that the FIC Regulation is amended to that effect and that the required implementing provisions be adaoptated by the Commissions pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claimrior to the entry into application of this Regulation. The implementing act concerned should maintain on the foods in question the statements 'gluten-free' and 'very low gluten' and their associated conditions of use, as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application of this Regulawell as an indication of the persons for whom the foods are intended, as currently regulated under Regulation (EC) No 41/2009, and hence provide for the same level of consumer protection.
Amendment 41 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) A procedure should be laid down which allows foodstuffs resulting from scientific and technological innovations to be placed on the market on a temporary basis in order that proper benefit may be derived from the fruits of industry research pending the amendment of the specific directive concerned. However, on the grounds of consumer health protection, marketing authorisation may be granted only after the European Food Safety Authority has been consulted.
Amendment 42 #
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29b) In order to facilitate market access for operators – especially SMEs – wishing to sell foods resulting from scientific and technological innovations, the Commission, in close cooperation with the relevant stakeholders, should adopt guidelines on the procedure for placing such foods on the market on a temporary basis.
Amendment 48 #
Proposal for a regulation
Article 2 – paragraph 2 – point g – point ii
Article 2 – paragraph 2 – point g – point ii
Amendment 62 #
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2009/39/EC foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses: 'food intended to meet the expenditure of intense muscular effort, especially for sportsmen' and 'food for persons suffering from carbohydrate metabolism disorders (diabetes)'. With regard to food intended to meet the expenditure of intense muscular effort, in light of the report of 22 June 2000 by the European Commission’s Scientific Committee on Food, no successful conclusion could be reached as regards the development of specific provisions due to widely diverging views among Member States and stakeholders concerning the scope of the specific legislation, the number of sub-categories of the food to be included, the criteria for establishing composition requirements and the potential impact on innovation in product development. As regards special provisions for food for persons suffering from carbohydrate metabolism disorders (diabetes), a Commission report9 concludes that the scientific basis for setting specific compositional requirements is lackingWork on this needs to continue and the Commission should draw up a report on ‘food intended to meet the expenditure of intense muscular effort’ so that a coherent and effective strategy to protect consumers, manufacturers in the sector and the operation of the internal market may be produced. Taking the conclusions of this report as its basis, the Commission may submit proposals to amend the relevant Union legislation or may take new initiatives, where appropriate, on a sectoral basis.
Amendment 71 #
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food, milk-based drinks for young children and food for special medical purposes. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/21/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal-based food and baby food for infants and young children, milk-based drinks for young children and to food for special medical purposes, taking into account these three directives. Furthermore, the concept of ‘special nutritional uses’ should be maintained and strictly limited to products able to demonstrate their unique capacity to meet the specific nutritional needs of vulnerable groups of the population, as without this said products would not be able to be placed on the market under current EU law.
Amendment 79 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
In order to enable foodstuffs intended for particular nutritional uses and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the European Food Safety Authority, authorise for a two-year period the placing on the market of foodstuffs which do not comply with the rules as to composition laid down by this Regulation and by the delegated regulations for groups of foodstuffs for particular nutritional uses referred to in Article 1(1). These measures shall be adopted in accordance with the delegation procedure referred to in Article 15.
Amendment 81 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Milks intended for young children Before the end of the transition period as defined in Article 18, the Commission shall, after consulting the European Food Safety Authority, submit to the European Parliament and the Council a report stating whether specific measures are needed on the composition and labelling of milk-based drinks for young children. together with, if necessary, a legislative proposal.
Amendment 90 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, milk-based drinks for young children and food for special medical purposes, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, milk-based drinks for young children and food for special medical purposes laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements and the procedure for placing on the market foodstuffs resulting from scientific and technological innovations with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 92 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Amendment to Regulation (EU) No 1169/2011 In Article 36, paragraph 3 of Regulation (EU) No 1169/2011, the following point is inserted: “(aa) information on the possible absence or reduced presence in foods of substances that can cause intolerance, such as gluten;”
Amendment 93 #
Proposal for a regulation
Article 18 b (new)
Article 18 b (new)
Article 18b Food intended to meet the expenditure of intense muscular effort No later than 1 July 2015, the Commission shall submit a report to the European Parliament and the Council to assess the need to harmonise the composition and labelling of food intended to meet the expenditure of intense muscular effort. The Commission may accompany this report with proposals to modify the relevant Union provisions.
Amendment 111 #
Proposal for a regulation
Recital 26
Recital 26
(26) Currently, the statements 'gluten-free' and 'very low gluten' may be used for food intended for particular nutritional uses and for food for normal consumption under the rules specified in Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. Such statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely byRegulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers1 provides for the adoption by the Commission of implementing acts regulating voluntary information on the possible and unintentional presence in food of substances or products causing allergies or intolerances. For reasons of coherence and simplification of the legal framework, the Commission should be granted a mandate under Regulation (ECU) No 1924/2006 and comply with requirements therein. It is necessary that technical169/2011 to also adopt implementing acts regulating voluntary information on the absence or reduced presence in food of substances causing intolerances, such as gluten and lactose, and to withdraw Commission Regulation (EC) No 41/2009. It is necessary that Regulation (EU) No 1169/2011 be amended to that effect and that the required implementing provisions be adaoptated by the Commissions pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claimrior to the entry into application of this Regulation. The implementing act concerned should maintain on the foods in question the statements 'gluten-free' and 'very low gluten' and their associated conditions of use, as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application of this Regulation. well as an indication of the persons for whom the foods are intended, as currently regulated under Regulation (EC) No 41/2009, and hence provide for the same level of consumer protection. _________________ 1 OJ L 304, 22.11.2011, p. 18.
Amendment 119 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) A procedure should be laid down which allows foodstuffs resulting from scientific and technological innovations to be placed on the market on a temporary basis in order that proper benefit may be derived from the fruits of industry research pending the amendment of the specific directive concerned. However, on the grounds of consumer health protection, marketing authorisation may be granted only after the European Food Safety Authority has been consulted.
Amendment 120 #
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 2 – point g – point ii
Article 2 – paragraph 2 – point g – point ii
Amendment 239 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Milks intended for young children Before the end of the transition period as defined in Article 18(1), the Commission shall, after consulting the European Food Safety Authority, submit to the European Parliament and the Council a report stating whether specific measures are needed on the composition and labelling of milk-based drinks for young children. together with, if necessary, a legislative proposal.
Amendment 281 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Regulation (EU) n° 1169/2011
Article 36 – paragraph 3 – subparagraph 1 – point c a (new)
Article 36 – paragraph 3 – subparagraph 1 – point c a (new)
Article 18a Amendment to Regulation (EU) No 1169/2011 In Article 36(3), first subparagraph of Regulation (EC) No 1169/2011, the following point shall be added: ‘(ca) the absence or reduced presence in foods of substances that can cause intolerance, such as gluten.’.
Amendment 282 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Food intended to meet the expenditure of intense muscular effort No later than 1 July 2015, the Commission shall submit a report to the European Parliament and the Council to assess the need to harmonise the rules on the composition and labelling of food intended to meet the expenditure of intense muscular effort. The Commission may accompany this report with proposals to modify the relevant Union provisions.