9 Amendments of Christine DE VEYRAC related to 2011/0156(COD)
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 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 109 #
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 possible 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 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 Regulation. 169/2011 to adopt implementing acts concerning gluten-free or lactose-free foods. It is necessary that the Regulation in question be amended to that effect and that the required implementing provisions be adopted by the Commission prior to the entry into application of this Regulation. The implementing act covering food for people intolerant to gluten should take over and replace all the provisions on labelling and composition set out in Regulation (EC) No 41/2009 in order to ensure the same level of consumer protection. __________________ 1 OJ L 304, 22.11.2011, p. 18.
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 2 – point g – point ii
Article 2 – paragraph 2 – point g – point ii
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) '‘food for special medical purposes'’ means food specially processed or designed and intended for the dietary management of patients to be used under medical supervision. It is intended for the exclusive or partial feeding of patients with a limited, impaired or disturbed capacity to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients contained thereinof their ingredients or metabolites, or with other medically- determined nutrient requirements, whose dietary management cannot be achieved only by modification of the normal diet. Food for special medical purposes is classified under the three following categories: (a) nutritionally complete foods with a standard nutrient formulation which, used in accordance with the manufacturer's instructions, may constitute the sole source of nourishment for the persons for whom they are intended; (b) nutritionally complete foods with a nutrient-adapted formulation specific for a disease, disorder or medical condition which, used in accordance with the manufacturer's instructions, may constitute the sole source of nourishment for the persons for whom they are intended; (c) nutritionally incomplete foods with a standard formulation or a nutrient- adapted formulation specific for a disease, disorder or medical condition which are not suitable to be used as the sole source of nourishment. The foods referred to in points (a) and (b) may also be used as a partial replacement of a person’s diet.
Amendment 177 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. All markings or any presentation likely to give the impression that one of the products referred to in Article 1(1) and 1(2) is involved, shall be prohibited in the labelling, presentation and advertising of foodstuffs for normal consumption. However, the Commission shall be empowered to adopt delegated acts in accordance with Article 15 of this regulation in order to adopt measures enabling foodstuffs for normal consumption which are suitable for a particular nutritional use to indicate such suitability. Such provisions may lay down the arrangements for indicating that suitability.
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 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.