Legislative resolution embodying Parliament' s opinion on the proposal for a European Parliament and Council Directive amending Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (COM(94) 0097 - C3-0159/94 - 94/0076(COD)) (Codecision procedure: first reading)



Official Journal C 287 , 30/10/1995 P. 0104



A4-0192/95 Proposal for a European Parliament and Council directive amending Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (COM(94)0097 - C3-0159/94 - 94/0076(COD)) The proposal was approved with the following amendments: (Amendment 1) Recital -1 (new) >Text following EP vote> Whereas an agreement on a 'modus vivendi' between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was reached on 20 December 1994, (Amendment 18) Recital 2 >Original text> Whereas to date such a Directive relating to infant formulae and follow-on formulae has been adopted; whereas there are reasons relating to public health for adopting specific provisions, in accordance with Article 4 of Directive 89/398/EEC, for cereal based foods and baby foods intended for infants and young children, foods for weight control diets and foods for special medical purposes foreseen in Annex I to the said Directive; >Text following EP vote> Whereas to date such a Directive relating to infant formulae and follow-on formulae has been adopted; whereas there are reasons relating to public health for adopting specific provisions, in accordance with Article 4 of Directive 89/398/EEC, for cereal based foods and baby foods intended for infants and young children, foods for weight control diets, foods for special medical purposes, foods for persons suffering from carbohydrate metabolism disorders (diabetes), gluten-free foods and low-sodium foods (including low-sodium or sodium-free dietary salts) foreseen in Annex I to the said Directive; (Separate vote) Recital 3 >Original text> Whereas the same imperative reasons for adopting specific provision for the other groups listed in Annex I of Directive 89/398/EEC namely low-sodium foods, including low-sodium or sodium-free dietary salts, gluten-free foods, foods intended to meet the expenditure of intense muscular effort, especially for sportsmen, and foods for persons suffering from carbohydrate metabolism disorders (diabetes) cannot be put forward; whereas such products can be adequately marketed and be efficiently monitored officially under the general provisions of Directive 89/398/EEC; >Text following EP vote> Deleted (Amendment 4) Recital 4a (new) >Text following EP vote> Whereas where categories of foodstuffs for particular uses are regulated at national level, it must remain possible to harmonize such rules at Community level in the interests of consumer protection and free movement of such foodstuffs; (Amendment 10) Recital 4b (new) >Text following EP vote> Whereas plant treatment products, which have repeatedly been found in foodstuffs intended for babies and young children, can endanger the health of young children and infants, who are supposed to be particularly protected by Directive 91/321/EEC; (Amendment 5) ARTICLE 1 >Original text> Annex I to Directive 83/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional users is hereby replaced by the following: >Text following EP vote> Directive 83/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional users is hereby amended as follows: >Original text> 'ANNEX I Groups of foods for particular nutritional uses for which specific provisions will be laid down by specific directives(1) 1. Infant formulae and follow-on formulae >Text following EP vote> 1. The following paragraph 2a is added to Article 4: '2a. New categories of foods for particular nutritional uses may be added to Annex I in accordance with the procedure referred to in Article 100a of the Treaty.' >Original text> 2. Cereal-based foods and baby foods >Original text> 3. Food intended for weight control diets >Original text> 4. Dietary foods for special medical purposes. (1) It is understood that products already on the market when the Directive is adopted will not be affected by it'. (Amendment 6) ARTICLE 1(2) (new) >Text following EP vote> 2. The following paragraph 2b is added to Article 4: '2b. Specific claims described in Annex Ia shall be allowed for foods for dietary uses. In accordance with the procedure referred to in Article 100a of the Treaty, Annex Ia can be extended to include new categories of diet-related claims, based on sound scientific reports.' (Amendments 15 and 16) ARTICLE 1(3) (new) >Text following EP vote> 3. Annex I is replaced by the following text: >Text following EP vote> 'ANNEX I >Text following EP vote> Groups of foods for particular nutritional uses for which specific provisions will be laid down by specific directives(*) >Text following EP vote> 1. Infant formulae and follow-on formulae >Text following EP vote> 2. Cereal-based pesticide-free foods and pesticide-free baby foods >Text following EP vote> 3. Food intended for weight control diets >Text following EP vote> 4. Dietary foods for special medical purposes >Text following EP vote> 4a. Foods for persons suffering from carbohydrate metabolism disorders (diabetes) >Text following EP vote> 4b. Gluten-free foods >Text following EP vote> (*) It is understood that products already on the market when the Directive is adopted will not be affected by it'. (Amendment 9) ARTICLE 1a (new) >Text following EP vote> The Commission shall, by 1 June 1996, draw up a directive amending Directive 91/321/EEC, which shall require the use of organically-produced foodstuffs in the manufacture of baby food and infant formula, processing methods which are innocuous and use no harmful substances and rigorous residue controls. (Amendment 17) ARTICLE 2a (new) >Text following EP vote> Within one year of the adoption of this Directive, the Commission shall introduce special labelling requirements for gluten-free foods, low-sodium products and foods for persons suffering from diabetes and shall thus amend accordingly Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer(1). (1) OJ L 33, 8.2.1979, p. 1. Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (COM(94)0097 - C3-0159/94 - 94/0076(COD)) (Codecision procedure: first reading) The European Parliament, - having regard to the Commission proposal to Parliament and the Council, COM(94)0097 - 94/0076(COD) (( OJ C 108, 16.4.1994, p. 17.)), - having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C3-0159/94), - having regard to Rule 58 of its Rules of Procedure, - having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0192/95), 1. Approves the Commission proposal, subject to Parliament's amendments; 2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty; 3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty; 4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated; 5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament; 6. Instructs its President to forward this opinion to the Council and Commission.