Voluntary Report - public distribution

**Date:** 4/7/2006

**GAIN Report Number:** E36058

E36058

**EU-25**

**Food and Agricultural Import Regulations and Standards**

**Nutrition & Health Claims - Status of EU Proposal**

**2006**

**Approved by:**

![](media/image1.wmf)Norval E. Francis, Jr.

U.S. Mission to the EU

**Prepared by:**

Hilde Brans

**Report Highlights:**

Adoption of the EU proposal on nutrition and health claims: chronology
of events.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Brussels USEU \[BE2\]

\[E3\]

**Nutrition and Health Claims -- Status of the EU Proposal**

In July 2003, the European Commission tabled a proposal to harmonize the
use of nutrition and health claims across the EU. Only nutrition and
health claims that comply with the provisions of the proposed regulation
would be allowed on foods marketed in the EU. The proposal has to be
adopted jointly by the Council and the European Parliament (EP) under
the co-decision procedure (see table).

The following controversial articles in the proposal triggered a heated
dispute between the food industry, NGO's, consumer groups, the European
Parliament and the Council: Article 4 proposes nutritional profiles for
foods that would be allowed to carry claims. Claims would not be allowed
to promote foods with high levels of certain nutrients such as fat, salt
or sugar. Articles 10 and 12-17 propose a prior authorization system for
all health claims. Well-accepted claims such as "calcium is good for
bones" would be placed on a positive list. New claims, i.e. claiming a
health effect that was not previously known, must be scientifically
assessed by the European Food Safety Authority (EFSA) and approved for
use. Producers wishing to use new health claims have to submit
scientific studies that are relevant to that particular claim.

At first reading in May 2005, the European Parliament voted (with a
majority of only 10 votes) to completely remove Article 4 concerning the
establishment of nutrient profiles and to introduce a simple
notification procedure for new claims instead of the burdensome
authorization procedure proposed by the Commission. Consumer groups,
NGO's and the Commission reacted with great disappointment to the EP's
vote saying that nutritional profiles are a key tool in combating
obesity and in providing accurate information to consumers. In December
2005, the Council adopted a common position on the outcome of the EP's
first reading vote in which they unanimously backed the proposed
nutrient profiling.

On March 23, 2006, the EP's Environment, Public Health and Food Safety
Committee adopted a second-reading report, which is the penultimate
stage in finalizing the second reading. The report re-instates Article 4
on nutritional profiles but in a compromised form. Claims would be
allowed on foods not meeting the profiles provided that reference is
made "in close proximity to the claim" to the ingredients that fail to
meet the profiles. This means that a dairy product with a high sugar
content could make a low-fat claim provided the sugar content is
declared in "close proximity" to the wording "low-fat". While the
Council wanted an authorization procedure in its common position, the EP
suggests using a combined approach: an authorization procedure for
reduction of disease risk claims and a notification procedure for other
health claims. The EP report also suggests excluding brand names or
trademarks which imply a nutritional advantage from the scope of the
regulation while the Commission proposes a transitional period of 10
years for products already on the market before January 1, 2005 to
comply with the new rules.

The second reading vote will take place at the EP's plenary meeting in
mid-May. A qualified majority of 367 votes will be needed to vote
through any amendment to the Council's common position. If the Council
cannot accept the EP's position, the proposal will go through the
conciliation procedure.

+---------------------------------------------+------------------------+
| **Co-Decision Procedure**                   | **Status of Nutrition  |
|                                             | & Health Claims        |
|                                             | Proposal**             |
+---------------------------------------------+------------------------+
| **First Reading**                           |                        |
+---------------------------------------------+------------------------+
| Commission presents proposal to Parliament  | [July 17,              |
| and the Council simultaneously              | 2003](http://europa.eu |
|                                             | .int/eur-lex/lex/LexUr |
|                                             | iServ/site/en/com/2003 |
|                                             | /com2003_0424en01.pdf) |
+---------------------------------------------+------------------------+
| Parliament adopts amendments and submits    | [May 26,               |
| them to Council                             | 2005](http://www.europ |
|                                             | arl.eu.int/omk/sipade3 |
|                                             | ?PUBREF=-//EP//NONSGML |
|                                             | +REPORT+A6-2005-0128+0 |
|                                             | +DOC+PDF+V0//EN&L=EN&L |
|                                             | EVEL=2&NAV=S&LSTDOC=Y) |
+---------------------------------------------+------------------------+
| If Council agrees with the outcome of       | N/A                    |
| Parliament's reading - legislative text is  |                        |
| adopted                                     |                        |
+---------------------------------------------+------------------------+
| **Second Reading**                          |                        |
+---------------------------------------------+------------------------+
| If the Council does not accept Parliament's | [December 8,           |
| first reading vote, it draws up a common    | 2005](http:/           |
| position.                                   | /europa.eu.int/eur-lex |
|                                             | /lex/LexUriServ/site/e |
|                                             | n/oj/2006/ce080/ce0802 |
|                                             | 0060404en00430066.pdf) |
+---------------------------------------------+------------------------+
| Parliament may approve the common position  | N/A                    |
| or take no decision - legislative text is   |                        |
| approved in the form of the common          |                        |
| position.                                   |                        |
+---------------------------------------------+------------------------+
| Parliament may table amendments to the      | Second reading vote in |
| common position:                            | the EP plenary session |
|                                             | in May 2006            |
| 1\) Either the Council approves the         |                        |
| amendments -legislative text is adopted.    |                        |
|                                             |                        |
| 2\) Or the Council rejects them and a       |                        |
| Conciliation Committee (25 Member of        |                        |
| Parliament and 25 Member of the Council) is |                        |
| convened to seek to reconcile the           |                        |
| positions.                                  |                        |
|                                             |                        |
| 3\) Parliament may reject the common        |                        |
| position by an absolute majority of its     |                        |
| Members - legislative text is rejected.     |                        |
+---------------------------------------------+------------------------+
| **Third Reading**                           |                        |
+---------------------------------------------+------------------------+
| The Conciliation Committee adopts a "joint  |                        |
| text" based on the common position and      |                        |
| Parliament's second reading amendments.     |                        |
+---------------------------------------------+------------------------+
| If Council and Parliament approve the       |                        |
| "joint text" - act is adopted.              |                        |
+---------------------------------------------+------------------------+
| If the Conciliation Committee cannot agree  |                        |
| on a "joint text", or if Parliament or      |                        |
| Council does not approve it                 |                        |
|                                             |                        |
| \- act is not adopted.                      |                        |
+---------------------------------------------+------------------------+

For more information on the co-decision procedure see
<http://europa.eu.int/comm/codecision/stepbystep/diagram_en.htm>.

**Visit our website:** our website
**[http://useu.usmission.gov/agri/]{.underline}** provides a broad range
of useful information on EU import rules and food laws and allows easy
access to USEU reports, trade information and other practical
information. More information on labeling can be found at
<http://useu.usmission.gov/agri/label.html>; on obesity at
<http://useu.usmission.gov/agri/obesity.html>. E-mail:
AgUSEUBrussels@usda.gov

**Related reports from USEU Brussels:**

  ------------------------------------------------------------ ------------------------------------ ------------------
  **Report Number**                                            **Title**                            **Date Released**

  E36045                                                       Food Labeling Review                 3/14/2006

  E23172                                                       EU Proposal on Nutrition and Health  8/29/2003
                                                               Claims Notified to the WTO           

  E23136                                                       Commission Proposal on Nutrition and 7/18/2003
                                                               Health Claims                        

  These reports can be accessed through our website                                                 
  <http://useu.usmission.gov/agri> or through the FAS website                                       
  <http://www.fas.usda.gov/scriptsw/attacherep/default.asp>.                                        
  ------------------------------------------------------------ ------------------------------------ ------------------