25 Amendments of Michèle RIVASI related to 2011/0156(COD)
Amendment 9 #
Proposal for a regulation
Recital 2
Recital 2
(2) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interestat food is safe is an essential prerequisite for its free movement within the internal market in order to ensure the health and well-being of citizens.
Amendment 11 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) This regulation aims at ensuring the safety of food products placed on the market and addressed to vulnerable groups of the population such as infants, young children and people affected by particular illnesses. To ensure that the health of these people receives a high level of protection it is vital that a certain number of potentially dangerous substances or substances recognised as dangerous are not included in the composition of these products or in the composition of their container.
Amendment 14 #
Proposal for a regulation
Recital 13
Recital 13
(13) Therefore, the concept of “foodstuffs for particular nutritional uses” should be abolished and 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 21 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In view of the vulnerability of the categories of people covered by this Regulation, it is vital that a certain number of substances recognised as being harmful are not included in the composition of foods addressed to them. This applies likewise by virtue of the precautionary principle to hazardous substances that are however subject to scientific uncertainties. A list of the substances that are strictly prohibited in the manufacture of those foods referred to in this Regulation should be established and updated.
Amendment 22 #
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17b) The use of pesticides, genetically modified organisms and palm oil is prohibited in the production of foodstuffs intended for the manufacture of those foods referred to in this Regulation. Furthermore the use of nanomaterials is prohibited in the manufacture of those foods referred to in this Regulation.
Amendment 23 #
Proposal for a regulation
Recital 17 c (new)
Recital 17 c (new)
(17c) Containers for foods referred to in this Regulation should also be such that consumers are ensured of a high level of protection for their health. They may not contain endocrine disrupters such as Bisphenol A or other compounds that may be harmful to health.
Amendment 24 #
Proposal for a regulation
Recital 17 d (new)
Recital 17 d (new)
(17d) To update the list of banned substances, the European Food Safety Authority (EFSA) and the national authorities competent in the matter are to perform a regular assessment on the basis notably of new data and scientific and statutory developments in the EU Member States or internationally.
Amendment 26 #
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, 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, and food for special medical purposes laid down in this Regulation tTaking into account technical and scientific progress and relevant developments at international level, notably in regard to risk assessment, 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 31 #
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 added to infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, 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 requireThe 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.
Amendment 34 #
Proposal for a regulation
Recital 21
Recital 21
(21) At present, pursuant to the Opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on the risk assessment of products of nanotechnologies, dated 19 January 2009, there is inadequate information on the risks associated with engineered nanomaterials and existing test methods may not be sufficient to address all of the issues arising in relation to engineered nanomaterials. Therefore, given the vulnerability of the groups of people for whom the foods covered by this Regulation are intended, engineered nanomaterials should not be included in the Union list for the categories of food covered by this Regulation, until an evaluation by the Authority is carried out.
Amendment 39 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to ensure a high level of consumer protection, adequate procedures for oversight, in respect of both hygiene and composition, before and after foods are placed on the market shall established at Member State level.
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 56 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Oversight The national authorities responsible must see that an adequate system of oversight is put in place to ensure that market operators observe the stipulations of this Directive as well as the relevant health requirements.
Amendment 57 #
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article 6b Precautionary principle Where, following an assessment of available scientific information, there are reasonable grounds for concern as to the possibility of adverse effects, but scientific uncertainty persists, provisional risk management measures may be introduced to ensure a high level of protection for the vulnerable categories of people specified in this Regulation.
Amendment 59 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Food referred to in Article 1(1) shall not contain any substance in such quantity as to endanger the health of the persons to whom they are intended. In particular, they may not contain pesticide residues, genetically modified organisms, palm oil or nanomaterials.
Amendment 67 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The composition of the content and packaging of the foods referred to in Article 1(1) must be such as to ensure that the persons for whom the foods are intended enjoy a high level of protection. They may not contain endocrine disrupters, such as Bisphenol A, or other substances potentially harmful to health.
Amendment 69 #
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 as well as any technical and scientific progress, the results of new risk assessments and the precautionary principle, 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 73 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the specific requirements on the use of pesticides inidentification of substances to be banned in the production of agricultural products intended for the production of such food and on pesticides residues in such food, in the final composition of such food and in the composition of their container;
Amendment 78 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
3. Subject to the requirements of Articles 7 and 9 and taking into account relevant technical and scientific progress, the results of new risk assessments and the precautionary principle, the Commission shall update the delegated Regulations mentioned in paragraph 2 in accordance with Article 15.
Amendment 80 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The identification of substances to be banned, referred to in paragraph 2(b), may result from a Commission initiative or a request from a Member States.
Amendment 82 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) they do not, on the basis of the scientific evidence available, they do not pose a safety concern torisk to and have a proven positive effect on the health of the consumer; and,
Amendment 83 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. No later than [2 years after the date of the entry into force of this Regulation], the Commission shall establish and subsequently update a Union list of permitted substances that meet the conditions of paragraph 1, by means of implementing Regulationsdelegated acts pursuant to Article 15. The entry of a substance in the Union list shall include a specification of the substance, and, where appropriate, specify the conditions of use and the applicable purity criteria. Those implementing Regulations shall be adopted in accordance with the examination procedure referred to in Article 14(2). On duly justified grounds of extreme urgency relating to emerging health risks, the Commission shall adopt immediately applicable implementing acts updating the Union list in accordance with Article 14(3).
Amendment 85 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 87 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The delegation of power referred to in Articles 2(3)10 and 101 of this Regulation shall be conferred for an indeterminate period of time5 years from the (*) [(*) Date of entry into force of the basic legislative act or from any other date set by the legislator.]
Amendment 89 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. A delegated act adopted pursuant to Articles 2(3) and 10 of this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.