14 Amendments of Bernadette VERGNAUD related to 2011/0156(COD)
Amendment 21 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children and, on food for special medical purposes and other food intended for special nutritional uses (presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union) (Text with EEA relevance)
Amendment 25 #
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, 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 require. However, these divergences are giving rise to national measures that are hindering completion of the internal market and for which an appropriate legislative response therefore has to be found. Furthermore, action should be taken to ensure that Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers1 can guarantee a coherent, effective strategy for the protection of sportspeople before the idea of specific legislation is finally abandoned. The particular aim here is to meet the high demand from sportspeople and to clarify the relevant labelling rules. Where foods for sportspeople are concerned, this means that: Regulation (EU) No 1169/2011 needs to be amended; account needs to be taken of the specific nutrient profiles for foods intended for sportspeople whilst establishing the nutrient profiles referred to in Article 4 of Regulation (EC) No 1924/2006 of the European Parliaments and of the potential impact on innovation in product developmentCouncil of 20 December 2006 on nutrition and health claims made on foods2; account needs to be taken of the existence of nutrition claims that are relevant for sportspeople but banned for the general public under Regulation (EC) No 1924/2006 (‘high carbohydrate energy content’ or ‘rich in sodium’, for example); specific conditions need to be established for the use of nutrients and other substances for food intended for sportspeople under Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods3; and there must be a guarantee that there are no ingredients that could be listed as doping substances. As regards special provisions 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. ____________________ 1 OJ L 304, 22.11.2011, p. 18. 2 OJ L 404, 30.12.2006, p. 9. 3 OJ L 404, 30.12.2006, p. 26.
Amendment 34 #
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 and, food for special medical purposes and foodstuffs for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directives 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/21/ECnd 1999/21/EC and in Commission Regulation (EC) No 41/2009 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 and to, food for special medical purposes, and foodstuffs for people intolerant to gluten taking into account Commission Directives 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC2006/125/EC and 1999/21/EC, and Commission Regulation (EC) No 41/2009.
Amendment 40 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directive s 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC2006/125/EC and 1999/21/EC and in Commission Regulation (EC) No 41/2009 should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal- based food and baby food, and food for special medical purposes and foodstuffs for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 46 #
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, and food for special medical purposes and foodstuffs for people intolerant to gluten, taking into account Commission Directives 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC2006/125/EC and 1999/21/EC, and Commission Regulation (EC) No 41/2009. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs for people intolerant to gluten 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 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 54 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is appropriate to establish and update a Union list of substances, including vitamins, minerals, and amino acids and other substances that may be added, that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs for people intolerant to gluten, taking into account Regulation (EC) No 953/2009 and Directives 2006/141/EC and 2006/125/EC, subject to certain criteria laid down in this Regulation. Given the fact that the adoption of the list implies the application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Thoese powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. The Commission should adopt immediately applicable implementing acts updating the Union list, where, in duly justified cases relating to public health, imperative grounds of urgency so require.
Amendment 57 #
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 special food for normal consumptiopeople intolerant to gluten under the rules specified in CommissionArticle 3 of 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 by Regulation (EC) No 1924/2006 and com. Furthermore, the statement ‘gluten-free’ may be used for food for normal consumption and for foodstuffs suitable for people intolerant to gluten under the rules specified in Article 4 of Regulation (EC) No 41/2009, which does not authorise use of the statement ‘very low gluten’ for these foods. These foodstuffs for special food for people intolerant to gluten should be retained in this regulation, insofar as provision of such safe foodstuffs for people intolerant to gluten and information for peoplye with requirements therein. It is necessary that technical adaptationscoeliac disease on the absence of gluten is essential for management of the disease. This is in accordance with the international standard for foods for special dietary use for puersuant to Regulation (EC) No 1924/2006, incorporatingons intolerant to gluten (CODEX STAN 118-1979 revised in 2008). Thus the nutrcondition claims ‘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 Regulations for using the statement ‘gluten-free’ for food products for normal consumption should be maintained in Regulation (EC) No 41/2009.
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation establishes compositional and information requirements for the following categories of food for specialised nutrition:
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) foodstuffs for people intolerant to gluten;
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) ‘foodstuffs for people intolerant to gluten’ means foodstuffs for particular nutritional uses which are specially produced, prepared and/or processed to meet the special dietary needs of people intolerant to gluten.
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘infant formula’, ‘follow-on formula’, ‘processed cereal-based food’ and ‘baby food’ and, ‘food for special medical purposes’ and ‘foodstuffs for people intolerant to gluten’, taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 132 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and, Directive 1999/21/EC and Regulation (EC) No 41/2009 as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:
Amendment 141 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Provisions for food intended to meet the expenditure of intense muscular effort, especially for sportsmen and women On ...* at the latest, the Commission, after consulting the European Food Safety Authority on the particular nutritional requirements of sportsmen and women with regard to their special physiological condition and the dietary constraints arising from training and competing, shall present to the European Parliament and to the Council a report on the legislative strategy proposed for ‘food intended to meet the expenditure of intense muscular effort, especially for sportsmen and women’ in order to ensure the availability of food with an appropriate nutrient profile, effective implementation of the operators’ responsibility for ensuring the absence of doping substances, the conditions for using nutrients and other substances of interest and preventing any risk in the framework of sporting activities, information on an appropriate and safe use of food for sportsmen and women and claims relevant to sportsmen and women. In the light of this report, the Commission shall: (a) either decide that it is not necessary to adopt specific provisions on the composition and labelling of ‘food intended to meet the expenditure of intense muscular effort, especially for sportsmen and women’, in which case it shall specify the modifications or implementing rules relating to general legislative texts that it thinks necessary to meet the above-mentioned objectives; (b) or, in accordance with the procedure laid down in Article 114 of the Treaty on the Functioning of the European Union, present appropriate proposals with a view to amending this regulation and amending the delegated acts concerned so as to include the relevant specific provisions, in accordance with Article 15 of this regulation. ______________ OJ: please insert date: one year after the entry into force of this Regulation.
Amendment 149 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2