Activities of Sophie AUCONIE related to 2011/0156(COD)
Plenary speeches (1)
Food intended for infants and young children and food for special medical purposes (debate)
Amendments (20)
Amendment 60 #
Proposal for a regulation
Title
Title
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 foods for specific nutritional purposes
Amendment 65 #
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 particularspecialised 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 included, the criteria for establishing composition requirements, compulsory information to ensure safe use of the food and the potential impact on innovation in product development. There is a real need for harmonisation of the category of food intended to meet the expenditure of intense muscular effort, especially for sportsmen. Harmonisation would remove the barriers to the free movement of these products and provide sportsmen with a high level of safety, at the same time ensuring the absence of doping substances. The Commission considers the matter of doping to be a priority in its communication entitled ‘Developing the European Dimension in Sport’ of 18 January 2011. 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 66 #
Proposal for a regulation
Recital 13
Recital 13
(13) Therefore, the concept of “‘foodstuffs for particular nutritional uses” should be abolished and for specific uses’ should therefore be maintained but strictly limited to products able to demonstrate their unique capacity to meet the specific nutritional needs of vulnerable groups of the population which would otherwise not be able to be placed on the market in a harmonised way under current EU law whilst fully complying with the rules on free movement. 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 75 #
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, as well as food intended to meet the expenditure of intense muscular effort. 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 and to food for special medical purposes, taking into account these three directivesas well as food intended to meet the expenditure of intense muscular effort, taking into account these three directives. The concept of ‘food for specific uses’ should therefore be maintained but strictly limited to products able to demonstrate their unique capacity to meet the specific nutritional needs of vulnerable groups of the population which would otherwise not be able to be placed on the market in a harmonised way under current EU law whilst fully complying with the rules on free movement.
Amendment 79 #
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 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 food intended to meet the expenditure of intense muscular effort should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 96 #
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, as well as food intended to meet the expenditure of intense muscular effort, 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 and food intended to meet the expenditure of intense muscular effort 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 and the procedure and timetable for placing on the market foodstuffs resulting from scientific and technological innovations, 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 105 #
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 particular nutritional requirements to infant formula, follow-on formula, processed cereal-based food and baby food, and for infants and young children, food for special medical purposes and food intended to meet the expenditure of intense muscular effort, 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 118 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Low-calorie diets pursued in particular with specific food programmes are becoming more popular, a trend which is encouraged by modern lifestyles and media development. Such diets can cause nutritional imbalances and inequalities in the supply of the most essential nutrients (too little or too much) which are likely to endanger the health of those involved. Scientific studies point to clinical, biological, behavioural and psychological risks when these diets are based on misleading, erroneous or scientifically invalidated recommendations. The Commission must submit a report on low-calorie diets, taking into account Member States’ experience and after consulting the European Food Safety Authority. The report should aim to assess the impact of suitable measures to enable consumers wishing to undertake such diets to enjoy an appropriate level of protection.
Amendment 124 #
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 specific nutritional purposes:
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) foods intended to meet the expenditure of intense muscular effort.
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation establishes rules for placing on the market of other foods for specialised nutritional purposes.
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) ‘food for specialised nutritional purposes’ 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 159 #
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 treated or formulated 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. Dietary foods for special medical purposes are classified in the following three 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 or as a supplement to the patient’s diet.
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) ‘food intended to meet the expenditure of intense muscular effort’ means food specifically formulated and presented to compensate for expenditure sustained during intense muscular effort, in particular for sportsmen.
Amendment 172 #
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 ‘food intended to meet expenditure for intense muscular effort’ taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 176 #
Proposal for a regulation
Article 3
Article 3
Food referred to in Article 1(1) and (2) may be placed on the market only if it complies with the provisions of this Regulation.
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The composition, presentation and labelling of food referred to in Article 1(1) and 1(2) satisfy the nutritional requirements of the persons for whom they are intended. They give consumers sufficient information to promote risk- free use of these products and safe food, in line with generally-accepted scientific data.
Amendment 181 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. In the labelling, presentation and advertising of foodstuffs for normal consumption the following shall be prohibited: (a) the use of the words ‘specialised nutrition’, either alone or in conjunction with other words, to designate those foodstuffs; (b) all other 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.
Amendment 183 #
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 1.
Amendment 278 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. No later than ...*, the Commission shall submit to the European Parliament and the Council a report – accompanied, where appropriate, by a legislative proposal – on the need to control the marketing of low-calorie diets. ______________ * OJ: please insert date: three years after the entry into force of this Regulation.