WRITTEN QUESTION E-0402/01

by Erik Meijer (GUE/NGL) to the Commission

(15 February 2001)

Subject: Promoting the sales of foodstuffs by adding healthy substances

1. Does the Commission intend to allow the harmful effects of ingredients such as fat and sugar in all-butter biscuits, liquorice and hot dogs to be offset by adding sterols, with the intention that producers will accordingly be entitled to sell these products with a note to the effect that they improve the consumer's health?

2. What is the Commission's view of the widely varying rules on claims made by manufacturers concerning the promotion of health, or the absence of such rules in the Member States of the European Union, where the same large companies sell the same products with the same characteristics?

3. What opportunities are available to Member States to keep such foodstuffs off their domestic markets if there is no European policy subjecting the production and marketing of such products to strict rules?

4. What does the Commission intend to do to contribute towards better information on the characteristics, the truth content and the risks of substances added to foodstuffs which producers claim will promote health?

5. Does the Commission see any possibility of cutting down on health claims by manufacturers and making such claims subject to rules based on scientific research, sound information, control and sanctions?

6. What other proposals in this area can the European Parliament expect within the foreseeable future?

Joint answer to Written Questions E-0401/01 and E-0402/01 given by Mr Byrne on behalf of the Commission

(21 May 2001)

A product containing phytosterol-esters has been approved under Regulation (EC) No258/97 of the Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients(1). Under Commission Decision 2000/500/EC of 24 July 2000 on authorising the placing on the market of yellow fat spreads with added phytosterol esters as a novel food

or novel food ingredient under Regulation (EC) No 258/97 of the Parliament and of the Council(2), a claim regarding the effects of phytosterol-esters on blood cholesterol levels has been approved. In addition supplementary labelling requirements for that product were also mandatory.

In the assessment of this product no unacceptable risks for human health have been revealed. However, if regularly eaten the Beta-carotene levels in the blood serum are shown to be lowered, but still remain in the normal range. Therefore, as a precautionary measure it was made compulsory to state on the label that the product is intended for people who wish to control their blood cholesterol and that it is not recommended for pregnant women, breast-feeding mothers and children under five.

Regarding the population in general the Scientific Committee on Food stated in its opinion that Given the overall evaluation of the submitted information the Committee concludes that the use of phytosterol-esters in yellow fat spreads at a maxmium level corresponding to 8 % free phytosterol is safe for human use.

The Commission is aware of the varying rules on claims on foodstuffs. Claims should be truthful and substantiated. For this reason the Commission announced in its White Paper on Food Safety(3) its intention to consider whether specific provisions should be introduced in Community legislation to govern functional claims and nutritional claims on foodstuffs. A discussion paper on this issue will be available shortly, and on the basis of the comments received the Commission intends to prepare a legislative proposal. The Commission foresees to adopt a proposal at the end of 2001.

Under current Community legislation (Article 2 of Directive 2000/13/EC of the Parliament and of the Council, of 20 March 2000, on the labelling, presentation and advertising of foodstuffs(4)) the attribution to any foodstuff of the property of preventing, treating or curing a human disease, or reference to such properties, is prohibited.

As for the presentation of the information particulars on the label of foodstuffs, Directive 2000/13/EC does not specify the font to use on the labels of food products. However, it requires all labelling particulars to be easy to understand and marked in a conspicuous place to be easily visible, clearly legible and indelible; they shall not in any way be hidden, obscured or interrupted by other written or pictorial matter.

As far as controls and sanctions are concerned, the Member States, on the basis of Community rules, carry out controls. However, sanctions are strictly the prerogative of Member States.

(1) OJ L 43, 14.2.1997.

(2) OJ L 200, 8.8.2000.

(3) COM(1999) 719 final.

(4) OJ L 109, 6.5.2000.