Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on nutrition and health claims made on foods amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-07-12
Institutions: European Commission
Subjects: approximation of laws, consumer information, consumer protection, foodstuff, labelling

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.7.2006 
COM(2006) 368 final 

2003/0165 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on nutrition and health claims made on foods 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2003/0165 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on nutrition and health claims made on foods 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(2003) 424 final – 2003/0165COD): 

17 July 2003 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

26 February 2004 

Date of the opinion of the European Parliament, first reading: 

26 May 2005 

Date of adoption of the common position 

8 December 2005 

Date of European Parliament opinion, second reading 

16 May 2006 

3. 

PURPOSE OF THE PROPOSAL 

This  proposal  covers  nutrition  and  health  claims  used  in  the  labelling,  presentation  and 
advertising  of  foods.  Only  nutrition  and  health  claims  that  are  in  conformity  with  the 
provisions of this Regulation will be allowed on the labelling, presentation and advertising of 
foods  placed  on  the  market  within  the  Community  and  delivered  as  such  to  the  final 
consumer. 

The main objectives of this proposal are the following: 

–  to  achieve  a  high  level  of  consumer  protection  by  regulating  the  provision  of  further 
voluntary information, beyond the mandatory information foreseen by EU legislation; 

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– to improve the free movement of goods within the internal market; 

– to increase legal security for economic operators;  

– to ensure fair competition in the area of foods; and 

– to promote and protect innovation in the area of foods. 

The  proposed  rules  ensure  that  foods  bearing  nutrition  and  health  claims  are  labelled  and 
advertised  in  a  truthful  and  meaningful  manner.  By  adopting  rules  that  regulate  the 
information about the foods and their nutritional value appearing on the label, the consumers 
will be able to make informed and meaningful choices. This also contributes to a higher level 
of protection of human health. 

Appropriate  labelling  can  indeed  point  consumers  in  the  right  direction  towards  adopting  a 
healthy diet, and facilitate positive and informed choices. These rules also take into account 
the importance for the food industry to have a regulatory environment thereby allowing them 
to innovate and remain competitive at Community and international level. This also gives the 
economic operators legal security and a more predictable environment. 

This  proposal  was  foreseen  in  the  White  Paper  on  Food  Safety  (COM(1999)  719  final– 
Action n° 65). Its adoption will contribute to completing the regulatory framework covering 
the  labelling  of  food  for  human  consumption,  and  participate  in  providing  better  nutritional 
information to consumers and allowing them to make informed choices about their diet and 
consumption habits. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission can accept amendments 50 to 89, which are all the amendments adopted by 
the European Parliament. Amendments 50 to 60 adapt the recitals with the amended articles. 
Amendments 61 to 64 adjust the scope of the Regulation. Amendments 65 and 66 are dealing 
with the nutrient profiles that foods will have to meet in order to bear claims. Amendments 73 
to 84 are dealing with the authorisation procedures for health claims, and amendments 87 to 
89 extend the transition periods. 

These amendments are the result of a compromise agreement reached between the European 
Parliament, Council and Commission during the second reading. The amendments are in line 
with  the  Commission’s  objectives  for  the  proposal  and  maintain  the  balance  of  interests 
achieved in the common position. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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