EN Official Journal of the European Union C 325/37

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No …/… on nutrition and health claims made on foods

COM(2006) 607 final — 2006/0195 COD

(2006/C 325/09)

On 10 November 2006 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

On 25 October 2006 the Committee Bureau instructed the Section for Agriculture, Rural Development and the Environment to prepare the Committee's work on the subject.

Given the urgent nature of the work, the European Economic and Social Committee appointed Mr Gkofas as rapporteur-general at its 431st plenary session, held on 13 and 14 December 2006 (meeting of 13 December), and adopted the following opinion by 110 votes to 3 with 16 abstentions.

1. Conclusions and Recommendations

1.1 The EESC welcomes the Commission's proposal to amend Article 25 of the Regulation on claims, which signals the Committee procedure to be followed to adopt measures necessary for the implementation of the Regulation.

1.2 The EESC agrees with the inclusion of paragraphs (3) and (4) to Article 25 as they provide for the application of a new regulatory procedure with scrutiny when adopting measures of general scope designed to amend non-essential elements of the Regulation on claims. This change is necessary to make the procedure they provide for more complete.

1.3 The EESC endorses the application of the new regulatory procedure with scrutiny to relevant articles of the Regulation on claims, as the new procedure is more clear and effective than that provided for previously.

1.4 The EESC believes that the Regulation on claims, which covers nutrition and health claims used in the labelling, presentation and advertising of foods, should be implemented without delay. In this context, the EESC stresses the importance of ensuring that the application of the new regulatory procedure to certain articles of the Regulation on claims does not result in too lengthy procedures which would hamper the effective and timely implementation of the Regulation.

1.5 The EESC notes and considers that in the future the Commission should address the question of simplifying the regulatory framework with regard to food safety and consumer protection. The EESC welcomes the Commission's intention to review and update existing EU food labelling legislation (1) and emphasises the importance of simplifying and clarifying existing provisions on labelling in the context of better regulation.

1.6 The EESC welcomes the introduction of any European regulatory framework that both serves the interests of consumer protection and promotes harmonisation and effective functioning of the internal market.

2. Introduction

2.1 The Council has called on the EESC to draw up an opinion on a proposal to amend Regulation (EC) No…/…of the European Parliament and of the Council on nutrition and health claims made on foods (Regulation on claims (2)), in order to align it with the new Council Decision (EC) 2006/512, amending Decision 1999/468/EC (Decision on comitology) laying down the procedures for the exercise of implementing powers conferred on the Commission. Council Decision (EC) 2006/512 introduced a new Committee procedure named regulatory procedure with scrutiny to Decision 1999/468/EC as the latter provided for only a limited number of procedures for the exercise of such powers.

2.2 The Regulation on claims, which covers nutrition and health claims used in the labelling, presentation and advertising of foods, refers to the regulatory procedure when implementing powers are conferred on the Commission, and therefore has to be adapted, when necessary, to the new Committee regulatory with scrutiny procedure, as established under Council Decision 1999/468/EC.

3. General comments

3.1 The EESC welcomes, in principle, the Commission's proposal to apply the regulatory procedure with scrutiny when adopting measures of general scope designed to amend non-essential elements of the Regulation on claims.

3.2 The EESC believes that the Regulation on claims is being adopted at a time when awareness of nutrition and health problems is creating a need for precise and substantial information for consumers. The Committee points out that the success of the Regulation on claims depends on ensuring a high level of consumer protection and at the same time improving consumer choice, so that domestic or imported products are safe and have accurate and clear labelling.

3.3 The Regulation on claims supplements the general provisions of Directive 2000/13/EC, which bans the use of information that might mislead consumers or attribute medicinal properties, and lays down specific provisions on the use of nutrition and health claims. The Committee considers that this regulation is particularly relevant today and should be implemented without delay given the increasing attention being paid generally to the link between a healthy lifestyle and diet and the need for information that helps consumers make the ‘healthy choice’.

3.4 The EESC believes that in addition to the regulatory framework, the Commission should promote information campaigns on health and nutrition under its public health programme.

4. Specific comments

4.1 The EESC considers that the modifications to Article 25 of the Regulation on claims, which describes the Committee procedure to be followed to adopt measures of general scope which amend non-essential elements of a basic instrument adopted using the codecision procedure, are essential.

4.2 The EESC believes that the new paragraphs in Article 25 provide more substantial and detailed reference to the relevant articles in Council Decision 1999/468/EC and make the procedure effective, strengthening the implementing powers of the Regulatory Committee. In particular, the new paragraphs define more clearly the powers conferred onto the Commission and underline the role of the European Parliament and Council in scrutinising measures before they are adopted.

4.3 The EESC agrees with the inclusion of paragraphs (3) and (4) to Article 25 that introduce a new category of procedures for the exercise of implementing powers by the Commission. This allows the Parliament or Council to oppose the adoption of draft measures where these exceed the Commission's implementing powers or fail to respect the principles of subsidiarity or proportionality.

4.4 The Committee agrees with the possibility of curtailing or extending the time-limits for the procedure when justified and in exceptional cases (as stated in Article 5(a) and (b) of Decision 1999/468/EC as amended by Decision 2006/512/EC).

4.5 The EESC endorses the amendment of the Regulation on claims in order to apply the new regulatory procedure with scrutiny to articles of this Regulation that require measures which fall within the scope of Article 5 (Regulatory Procedure) of the Decision on comitology (Council Decision 1999/468/EC).

4.5.1 The Committee considers this change to be positive and effective, as it applies the new regulatory procedure with scrutiny when determining the general conditions for the use of nutrition and health claims.

4.5.2 The Committee believes that this change will contribute to ensuring that a high level of consumer protection is maintained when implementing the Regulation on claims, in particular when establishing specific nutrient profiles which food or certain categories of food must comply with in order to bear nutrition or health claims.

4.5.3 The EESC emphasises the importance of consulting consumer groups and food business operators and their representatives when establishing or updating the conditions for use of nutrition and health claims and when amending the Annex that lists permitted claims.

4.6 The EESC recommends that in future the Commission should consider whether to simplify the procedure for accepting and approving the scientific basis of a nutrition claim relating to health issues (3). Moreover, the EESC believes that there is a need to simplify the regulatory framework with regard to food safety and consumer protection.

4.7 The EESC emphasises that the Regulation on claims must be pragmatic, and is concerned that certain provisions relating to the documentation of claims may be unnecessarily complex. The Committee believes that it is important to balance the needs of consumers for more scientific and clear information and food manufacturers' scope to develop and market foodstuffs exhibiting properties that are beneficial and of relevance to consumers.

Brussels, 13 December 2006. The President of the European Economic and Social Committee Dimitris DIMITRIADIS

(1) General food labelling requirements are laid down in horizontal legislation (Directive 2000/13/EC and related texts) of which most of the provisions date back to 1978. Vertical legislation includes other specific provisions.

(2) The initial legislative document (COM(2003) 424 final) is currently pending Council's final decision.

(3) Ref: OJ C 110 of 30.4.04 p. 18-21.