Activities of Matteo SALVINI related to 2011/0156(COD)
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 on food for special medical purposes
Amendments (43)
Amendment 20 #
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, foods for special medical purposes and other foods for specialised nutrition (presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union) (Text with EEA relevance)
Amendment 26 #
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 couldhas yet been 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 includ. Given that there is a genuine problem as regards harmonisation of this sector of the food market in the EU, high demand from sportspeople and a need, the criteria for establishing composition requirements and the potential impact on innovation in product developmento clarify the relevant labelling rules, by 2015, the Commission, having consulted the European Food Safety Authority, ought to update the report of 28 February 2001 on the foods concerned and, if necessary, come up with some proposals. 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.
Amendment 30 #
Proposal for a regulation
Recital 13
Recital 13
(13) Therefore, the concept of ‘foodstuffs for particular nutritional uses’ should be abolished and"specialised nutrition" should be maintained but strictly limited to products that can demonstrate their unique ability to fulfil the specific nutritional needs of vulnerable groups of the population, which otherwise could not be placed on the market under current Union legislation and where harmonization ensures the free movement of such food in a satisfactory manner. Directive 2009/39/EC should be replaced by the present act. To simplify its application and to ensure consistency throughout the Member States, the present act should take the form of a Regulation.
Amendment 31 #
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, milk based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort, and foodstuffs for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, Commission Directive 1999/21/EC, Commission Regulation (EC) No 41/2009, as well as Commission Directive 1999/2196/8/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 and to food for special medical purposes, milk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort, and foodstuffs for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, Commission Directive 96/8/EC and Commission Regulation (EC) No 41/2009. In addition, the concept of "specialised nutrition" should be maintained and strictly limited to products that demonstrate their unique ability to fulfil the specific nutritional needs of vulnerable groups of the population, which otherwise could not be placed on the market under current Union legislation.
Amendment 37 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC, Commission Directive 96/8/EC and 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 purposesmilk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure for intense muscular effort 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 43 #
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 purposesmilk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort and foodstuffs for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC, Commission Directive 96/8/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 purposesmilk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort 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 and the process for placing on the market of food 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 48 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 51 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is appropriate to establish and update a Union list of vitamins, minerals, amino acids and other substances that may be addedsubstances that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby foods, and food for special medical purposes, food intended for weight reduction and control, food intended to meet expenditure of intense muscular effort, and foodstuffs for people intolerant to gluten, taking into account Regulation (EC) No 953/2009, and Commission 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. Those 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 55 #
Proposal for a regulation
Recital 24
Recital 24
(24) Council Directive 92/52/EEC states thatIn the case of export of infant formulae and follow-on formulae exported or re-exported from the European Union have to comply with Union law unless otherwise required by the importing country. This principle has already been established for food in Regulation (EC) No 178/2002. For the sake of simplification and legal ce, products must comply with Directive 2006/141/EC, or the international standards of Codex Alimentarius or the rules in force in the importainty, Directive 92/52/EEC should therefore be repealedg country.
Amendment 59 #
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 consumptios for specialised nutrition intended for people 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. In addition, the statement ‘gluten-free’ may be used for foodstuffs for normal consumption and other foods for specialised nutrition suitable for people intolerant to gluten under the rules specified in Article 4 of Regulation (EC) No 41/2009 which do not allow the usake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition 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 Regulationthe statement ‘very low gluten’ for these foods. Such foods for specialized nutrition intended for people intolerant to gluten should be maintained in this Regulation, as providing such safe foods intended for people intolerant to gluten and informing coeliacs about the absence of gluten is vital to the management of the disease. This is in line with the international standard for foods for special dietary use for persons intolerant to gluten (CODEX STAN 118- 1979 revised in 2008).
Amendment 61 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 65 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The categories of food covered by this Regulation are subject to the general labelling provisions laid down by 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, without prejudice to the specific requirements on labelling, presentation and advertising provided for in this Regulation and to be adopted as delegated acts. It is reasonable to extend the transitional period for labelling changes provided for in Regulation (EU) No 1169/2011 for categories of foods covered by this Regulation, in line with the dates of application of the delegated acts, _______________ 1 OJ L 304, 22.11.2011, p. 18.
Amendment 69 #
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 foods for specialised nutrition:
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) infant formula and follow-on formula for infants in good health;
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) milk-based drinks intended for young children;
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) food intended for weight reduction and control;
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point c b (new)
Article 1 – paragraph 1 – point c b (new)
(cb) food intended to meet expenditure of intense muscular effort;
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point c c (new)
Article 1 – paragraph 1 – point c c (new)
(cc) foodstuffs for people intolerant to gluten.
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation establishes rules for placing on the market of other foods for specialised nutrition.
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 2 – point g – point i
Article 2 – paragraph 2 – point g – point i
(i) processed cereal-based food and.
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 2 – point g – point ii
Article 2 – paragraph 2 – point g – point ii
Amendment 96 #
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) ‘food for specialised nutrition’ means foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional purposes and which are marketed in such a way as to indicate such suitability;
Amendment 98 #
Proposal for a regulation
Article 2 – paragraph 2 – point h b (new)
Article 2 – paragraph 2 – point h b (new)
(hb) ‘food intended for weight reduction and control’ means food specially formulated, when used as instructed by the manufacturer, to replace the whole or part of the total daily diet: (i) for use in energy-restricted diets for weight reduction. They are divided in two categories: - products presented as a replacement for the whole of the daily diet (low calorie diet and very low calorie diet); - products presented as a replacement for one or more meals of the daily diet (meal replacement); (ii) for weight control (products presented as a dish or part of a meal or light meal or snack);
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 2 – point h c (new)
Article 2 – paragraph 2 – point h c (new)
(hc) ‘food intended for intense muscular effort’ means food specially formulated and presented to meet the expenditure of intense muscular effort, especially for sportsmen;
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 2 – point h d (new)
Article 2 – paragraph 2 – point h d (new)
(hd) ‘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 102 #
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’, ‘food for special medical purposes’ and, ‘food for special medical purposesintended for weight reduction and control’, ‘foods intended for intense muscular effort’, and ‘foodstuffs for people intolerant to gluten’ taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Food referred to in Article 1(1) and (2a) may be placed on the market only if it complies with the provisions of this Regulation.
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 112 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where it is evident that a food referred to in Article 1(1) and (2a) is likely to constitute a serious risk to human health and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned, the Commission on its own initiative or at the request of a Member State, shall without delay take any appropriate interim emergency measures, including measures restricting or prohibiting the placing on the market of the food concerned, depending on the gravity of the situation. Those measures shall be adopted by means of implementing acts in accordance with the examination procedure referred to in Article 14(2).
Amendment 113 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Food referred to in Article 1(1) shall comply with any requirement of Union law applicable to food, save as regards changes made to them to ensure their conformity with the definitions given in Article 2.
Amendment 115 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The composition of food referred to in Article 1(1) and (2a) shall be such that it is appropriate to satisfy the specific nutritional needs of, and it is suitable for the persons to whom it is intended, in accordance with generally accepted scientific data.
Amendment 117 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Food referred to in Article 1(1) and (2a) shall not contain any substance in such quantity as to endanger the health of the persons to whom they are intended.
Amendment 119 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The labelling, presentation and advertising of food referred to in Article 1(1) and (2a) shall provide adequate consumer information and, must not be misleading and shall not attribute properties to such products for the prevention, treatment or cure of human disease, or imply such properties.
Amendment 124 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TParagraph 3 shall not prevent the dissemination of any useful information or recommendations with reference to the categories of food referred to in Article 1 (1) may be made exclusively byexclusively intended for persons having qualifications in medicine, nutrition, and pharmacy or other professionals responsible for maternal and child health care.
Amendment 128 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Food referred to in Article 1(1) and (2a) must comply with the requirements of Article 7 and composition and information requirements provided in Article 9.
Amendment 129 #
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, Directive 96/8/EC and Regulation (EC) No 41/2009, as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods referred to in Article 1(1) 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 135 #
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
(da) the process for the placing on the market of food referred to in Article 1(1) resulting from scientific and technological innovations which do not comply with the rules as to composition laid down by the delegated Regulations;
Amendment 136 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the requirements on information to be provided on infant and young child feeding in order to ensure adequate information on appropriate feeding practices.recommendations for appropriate use of the foods referred to in Article 1(1);
Amendment 138 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) without prejudice to the criteria for certain contaminants levels laid down in Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs1, the microbiological criteria laid down in Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs2 shall apply to milk-based drinks intended for young children currently on the market during the transition period laid down in Article 18; ______________ 1 OJ L 364, 20.12.2006, p. 5. 2 OJ L 338, 22.12.2005, p. 1.
Amendment 140 #
Proposal for a regulation
Article 10 – paragraph 2 – point f b (new)
Article 10 – paragraph 2 – point f b (new)
Amendment 147 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 152 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Food not complying with this Regulation but complying with Directives 2009/39/EC and 96/8/EC, Regulations (EC) No 41/2009 and (EC) No 953/2009, and labelled prior to [25 years after the date of the entry into forceapplication of this Regulation] may continue to be marketed after that date until stocks are exhausted.
Amendment 154 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Regulation (EU) No 1169/2011 shall apply to food referred to in Article 1(1) from ...*. _____________ * OJ please insert date: three years after entry into force of the delegated Regulations referred to in Article 10(2) of this Regulation.