Opinion of the European Economic and Social Committee on the ‘proposal for a Regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods’ (COM(2003) 671 final - 2003/0262 (COD))
Date: 2004-03-31
Institutions: European Economic and Social Committee
Subjects: consumer protection, food additive, foodstuff, foodstuffs legislation, inorganic chemical product

C 112/44

EN

Official Journal of the European Union

30.4.2004

Opinion of the European Economic and Social Committee on the ‘proposal for a Regulation of the
European Parliament and of the Council on the addition of vitamins and minerals and of certain
other substances to foods’

(COM(2003) 671 final - 2003/0262 (COD))

(2004/C 112/12)

On 24 November 2003 the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 4 March 2004. The rapporteur was Ms
Heinisch.

At its 407th plenary session on 31 March and 1 April 2004 (meeting of 31 March), the European Economic
and Social Committee adopted the following opinion by 95 votes with 3 abstentions.

1.

Introduction

1.1
Because different national provisions obtain in the indivi-
dual Member States, the market in foods to which vitamins,
minerals or other substances have been added varies consider-
ably and thus presents an obstacle to the free movement of
goods. Uniform European legislation is therefore very welcome,
also for the purpose of protecting consumers.

1.2
Although it must be assumed that a balanced diet can
provide all essential vitamins, minerals and other substances,
for various reasons such a diet is not consumed by all sectors
of the population in the European Union (1).

1.3
In this context, fortifying foods with vitamins, minerals
or other substances can be seen as one of many measures for
improving the delivery of essential nutrients to the general
public, without being a substitute for a balanced and varied
diet.

1.4 However, further steps are certainly needed to improve
people's nutrition, such as information campaigns or health
education for schools. Attention must be paid above all to par-
ticular target groups, such as the elderly, who suffer from defi-
ciencies of certain nutrients more than others. It is also neces-
sary to consider the importance of food supplements.

1.4.1
In this connection the EESC urges that appropriate
strategies be developed to ensure that people's intake of folic
acid is adequate. This could be achieved through mandatory
fortification of certain foods with folic acid throughout the EU
or through national information campaigns.

1.5
It should not become the norm for foods to be fortified
with vitamins, minerals or other substances. Non-fortified foods
should not be discriminated against. Nor should consumers be
fortified with vitamins,
given the impression that
minerals or other substances can generally be considered
superior to non-fortified foods.

foods

2. Gist of the Commission proposal

2.1
The Proposal for a Regulation on the addition of vita-
mins and minerals and of certain other substances to foods is
intended to harmonise provisions in the EU Member States for
the marketing of foods to which vitamins, minerals and certain
other substances have been added by choice.

2.2
The proposal is not meant to harmonise legal provisions
governing the obligatory addition of vitamins and minerals.
Some Member States already have provisions governing such
mandatory fortification of certain food groups in order to
correct known regional nutritional deficits. Since those provi-
sions are very much geared to regional situations, their harmo-
nisation would not be appropriate.

(1) See the Status report on the European Commission's work in the
field of nutrition in Europe, October 2002 http://europa.eu.int/
comm/health/ph_determinants/life_style/nutrition/documents/nutri-
tion_report_en.pdf
and Eurodiet - Nutrition & Diet for Healthy Lifestyles in Europe,
1998
http://europa.eu.int/comm/health/ph_determinants/life_style/nutri-
tion/report01_en.pdf

2.3 Only vitamins and minerals or combinations thereof that
are listed in Annexes I and II of the regulation may be added to
foods. They may be added only for the purpose of enriching
the food, making it nutritionally equivalent to a reference food
or restoring substances that have been lost as part of the
proper manufacturing process or during normal storage or
handling.

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Official Journal of the European Union

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2.4
Fresh non-processed produce (including fruit, vegetables
and meat) and beverages containing more than 1.2 % by
volume of alcohol may not normally be fortified with vitamins
or minerals, and this restriction may be extended to other
foods or food groups in future.

The EESC notes that

3.5
in the absence of harmonised
implementing rules, national arrangements may be maintained.
This includes setting maximum levels for vitamins and minerals
that may be added to a food. However, the EESC would like
this provision to be formulated more precisely, e.g. by using
the wording in Article 11 of Directive 2002/46/EC on food
supplements (1).

Special

2.5
foods to which vitamins and minerals have been added.

labelling provisions are to be introduced for

2.6
The addition of substances other than vitamins and
minerals also falls within the scope of the present proposal for
a regulation.

It will be possible either to prohibit or to limit the addi-
2.7
tion of substances to foods by including them in Annex III of
the regulation. However, substances may also be placed under
observation if there are doubts as to their safety.

4. Specific comments

4.1
Article 8: The EESC notes that it is not easy to indicate
the recommended daily intake in portions for foods, in contrast
to food supplements, because the understanding of portion
sizes varies widely between the EU Member States. It is never-
theless necessary to prevent overdoses of vitamins or minerals,
and the EESC recommends that appropriate measures be taken
to achieve this.

2.8
To facilitate monitoring, Member States have the possibi-
lity of introducing a notification system for fortified foods,
whereby a model of the product label must be submitted to the
competent authority.

The consumer should also be informed about

4.1.1
the
importance of a balanced diet, and specifically that consump-
tion of foods to which vitamins, minerals or other substances
have been added can be seen only as part of a balanced diet
and not as a substitute. Information to this effect should be
printed on the label.

3. General comments

the

The

EESC welcomes

3.1
European Commission's
proposal to harmonise the legal provisions relating to the addi-
tion of vitamins and minerals and of certain other substances
to foods. The proposal is very well-rounded, both with respect
to the free circulation of goods and to consumer protection.

3.2
The EESC notes that the principle of providing nutrient
profiles contained in the Commission's preliminary proposal is
not contained in the present proposal. However, since it can be
assumed that substances are added to food only if claims can
also be made for them, the EESC agrees with the Commission's
position in the explanatory memorandum that
the present
proposal need not make explicit provision for the establish-
ment of nutrient profiles, since these are already provided for
in the Commission's proposal on nutrition and health claims.

4.1.2
2002/46/EC on food supplements (2) (3).

provisions

Similar

are

contained

in Directive

Article 8(3): The EESC considers that the labelling of a
4.2
food to which vitamins or minerals have been added should
therefore suggests replacing
always mention this fact and,
voluntary labelling with mandatory labelling.
It should be
possible for every consumer to distinguish between fortified
and non-fortified foods readily and at a glance.

4.3
Chapter III: The EESC believes that the special provisions
for labelling, presentation and advertising (Article 8) should
also apply to substances other than vitamins and minerals,
especially the mandatory indication of which substances have
been added to the food and in which amounts.

3.3 However, the EESC would emphasise that consistency
must be ensured between this proposal and the planned provi-
sions in the proposal for a regulation on nutrition and health
claims.

5. Conclusion

3.4
The EESC expressly welcomes the ban on adding vita-
mins and minerals to beverages containing more than 1.2 % by
volume of alcohol and the ban on adding vitamins and
minerals to fresh and non-transformed produce. The addictive
potential of alcohol is uncontested, and its consumption should
not therefore be encouraged by adding vitamins minerals.

The Committee considers the proposal in general to be

5.1
well-balanced and cohesive.

5.2
An obligation to indicate on the labelling that nutrients
have been added to the food would meet the consumer's right
to information.

(1) OJ L 183, 12.7.2002, p. 51
(2) OJ L 183, 12.7.2002, p. 51
(3) OJ C 14 of 16.01.2001

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Official Journal of the European Union

30.4.2004

5.3
Appropriate measures should also be taken to prevent
excessive intake of vitamins, minerals or other substances. It is
also important in this connection to mention the value of a
balanced diet.

5.4
The special labelling requirements, which in the present
proposal apply only to food fortified with vitamins and
minerals, should be extended to include foods to which
substances other than vitamins and minerals are added.

Brussels, 31 March 2004

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on the ‘proposal for a Directive of the
European Parliament and of the Council on waste (codified version)’

(COM(2003) 731 final – 2003/0283 COD)

(2004/C 112/13)

On 9 December 2003, the Council decided to consult the European Economic and Social Committee,
under Articles 175 and 251 of the Treaty establishing the European Community, on the above-mentioned
proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on this subject, adopted its opinion on 4 March 2004. The rapporteur was Mr
Donnelly.

At its 407th plenary session of 31 March and 1 April 2004 (meeting of 31 March 2004), the European
Economic and Social Committee adopted the following opinion by 101 votes in favour, with one absten-
tion.

1.

Introduction

The purpose of this proposal is to undertake a codifica-
1.1
tion of Council Directive 75/442/EEC of 15 July 1975 on
waste. The new Directive will supersede the various acts incor-
porated in it; this proposal fully preserves the content of the
acts being codified and hence does no more than bring them
together with only such formal amendments as are required by
the codification exercise itself.

1.2
The Committee regards it as very useful to have all the
texts integrated into one Directive. In the context of a People's

Europe, the Committee,
like the Commission, attaches great
importance to simplifying and clarifying Community law so as
to make it clearer and more accessible to ordinary citizens,
thus giving them new opportunities and the chance to make
use of the specific rights it gives them.

It has been ensured that this compilation of provisions contains
no changes of substance and serves only the purpose of
presenting Community law in a clear and transparent way. The
Committee expresses its total support for this objective and, in
the light of these guarantees, welcomes the proposal.

Brussels, 31 March 2004.

The President

of the European Economic and Social Committee

Roger BRIESCH