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
Date: 2006-12-13
Institutions: European Economic and Social Committee
Subjects: European Commission, consumer information, foodstuff, labelling, powers of the institutions (EU), public health

30.12.2006

EN

Official Journal of the European Union

C 325/37

Aware of Portugal's difficult position, outlined in the
4.4.3
Commission's Report on the situation in Portuguese agriculture
(COM/2003/0359 final) of 19 June 2003, the EESC accepts the
Council's agreement to exempt that country from the obligation
to co-finance funding of EUR 320 million. The principle of co-

financing for promoting rural development is a correct one, but
not a dogma. The EESC will continue, as it does now, to criti-
cally examine the level and structure of co-financing on a case-
by-case basis.

Brussels, 13 December 2006.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

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

The EESC welcomes

1.1
to
amend Article 25 of the Regulation on claims, which signals the
Committee procedure to be followed to adopt measures neces-
sary for the implementation of the Regulation.

the Commission's proposal

In this context,

the EESC stresses the importance of
delay.
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.

1.2
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.

The EESC notes and considers that in the future the
1.5
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.

1.3
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.

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

1.4
The EESC believes that the Regulation on claims, which
covers nutrition and health claims used in the labelling, presen-
tation and advertising of foods, should be implemented without

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

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Official Journal of the European Union

30.12.2006

2. Introduction

campaigns on health and nutrition under its public health
programme.

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 regu-
latory 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

The EESC welcomes,

the Commission's
in principle,
3.1
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 informa-
tion 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 provi-
sions of Directive 2000/13/EC, which bans the use of informa-
tion that might mislead consumers or attribute medicinal prop-
erties, and lays down specific provisions on the use of nutrition
and health claims. The Committee considers that this regulation
today and should be implemented
is particularly relevant
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
framework,

The EESC believes that

the Commission should promote

in addition to the regulatory
information

(2) The initial legislative document (COM(2003) 424 final) is currently

pending Council's final decision.

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 proce-
dure 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 imple-
menting 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).

The EESC endorses the amendment of the Regulation on
4.5
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 main-
tained when implementing the Regulation on claims, in particu-
lar when establishing specific nutrient profiles which food or
certain categories of food must comply with in order to bear
nutrition or health claims.

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Official Journal of the European Union

C 325/39

The EESC emphasises the importance of consulting
4.5.3
consumer groups and food business operators and their repre-
sentatives 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

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