REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on food intended for sportspeople
Date: 2016-06-15
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: consumer information, food safety, foodstuff, foodstuffs legislation, human nutrition, labelling, nutritional needs, professional sport

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 15.6.2016  COM(2016) 402 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on food intended for sportspeople  
 
 
Table of Contents 

1.

Introduction ......................................................................................................................... 3 

2.

  Market of sports food .......................................................................................................... 4 

2.1. Products present on the market, market size, value and prices .................................... 4 

2.2. Structure of the market, distribution channels ............................................................. 5 

2.3. The marketing of sports food ....................................................................................... 5 

3.

  Consumer understanding and consumption habits ............................................................. 6 

4.

  Overview of the applicable law for sports food until 20 July 2016 .................................... 7 

4.1. Sports food classified as 'food intended for particular nutritional uses' ....................... 7 

4.2. Sports food classified as food for normal consumption and governed by relevant 

horizontal rules of food law ......................................................................................... 8 

5.

  Changes introduced by the FSG Regulation ....................................................................... 8 

6.

  Summary of the issues related to sports food after 20 July 2016 ....................................... 9 

6.1. Food safety aspects ...................................................................................................... 9 

6.2. Consumer information aspects ..................................................................................... 9 

6.3. Compositional aspects ................................................................................................ 11 

6.4. Aspects related to the notification required by national competent authorities ......... 12 

6.5. Additional aspects ...................................................................................................... 12 

7.

  Summary of national competent authorities' and interested parties' positions ................. 13 

8.

  Conclusion ........................................................................................................................ 14 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on food intended for sportspeople 

1.

INTRODUCTION 

This report is intended to meet the obligation set for the Commission by Article 13 of 
Regulation  (EU)  No  609/2013  of  the  European  Parliament  and  of  the  Council  on 
food intended for infants and young children, food for special medical purposes, and 
total diet replacement for weight control (hereinafter 'FSG Regulation')1. According 
to this Article, the Commission is required to present to the European Parliament and 
to the Council, after consulting the European Food Safety Authority (EFSA), a report 
on the necessity, if any, of provisions for food intended for sportspeople (hereinafter 
'sports food'). 

The  request  for  this  report  is  linked  to  the  repeal  by  the  FSG  Regulation  of  the 
framework on foodstuffs intended for particular nutritional uses2, as of 20 July 2016. 
This framework was established by a Council Directive3 in 1989 and completed by 
the recast Directive 2009/39/EC.   

Sports food can currently be classified either (1) as 'foodstuff intended for particular 
nutritional uses' under Directive 2009/39/EC or (2) as food for normal consumption 
governed  by  relevant  horizontal  rules  of  food  law.  The  FSG  Regulation  does  not 
include sports food within its scope, since it focuses on foods for certain vulnerable 
groups of consumers. 

Thus, since a categorisation as foodstuff intended for particular nutritional uses will 
no longer be available to sports food, this type of food will be exclusively governed 
by horizontal rules of food law as from 20 July 2016. 

This report reflects on potential consequences of the change of status for sports food. 

It builds upon a market study carried out by the Food Chain Evaluation Consortium 
(FCEC  Study) 4 between  January  2015  and  June  2015.  This  study  includes  more 
detailed  information  on  the  findings  presented  in  this  report.  In  the  context  of  the 
preparation  of  this  report,  a  consultation  was  carried  out  with  national  competent 
authorities and other interested parties. 

The  European  Commission  consulted  the  European  Food  Safety  Authority  (EFSA) 
which  provided  scientific  and  technical  assistance  regarding  sports  food 5.  EFSA 
compiled  existing  scientific  advice  in  the  area  of  nutrition  and  health  claims  and 
Dietary References Values for adults that are relevant to sportspeople and informed 
the Commission that its subsequent advice does not differ from the recommendations 

1 
2 
3  

4 

5 

OJ L 181, 29.6.2013, p. 35. 
OJ L 124, 20.5.2009, p. 21. 
Council Directive on the approximation of the laws of the Member States relating to foodstuffs intended 
for particular nutritional uses, OJ L 186, 30.6.1989, p.27. 
Study on food intended for Sportspeople – Final Report – Food Chain Evaluation Consortium (FCEC) - 
http://ec.europa.eu/food/safety/labelling_nutrition/special_groups_food/sportspeople/index_en.htm.  
EFSA,  Technical  report  on  Scientific  and  technical  assistance  on  food  intended  for  sportspeople, 
approved on 24.09.2015, http://www.efsa.europa.eu/en/supporting/pub/871e. 

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of  the  Report  of  the  Scientific  Committee  on  Food  (SCF)  adopted  in  2001  on 
composition  and  specification  of  food  intended  to  meet  the  expenditure  of  intense 
muscular effort, especially for sportsmen6. 

2.

  MARKET OF SPORTS FOOD 

Sports  food  is  not  defined  in  EU  legislation.  For  the  purpose  of  this  report,  taking 
also  into  account  the  analysis  carried  out  in  the  context  of  the  FCEC  Study,  the 
following definitions were used: 

  sports food: all food products which target sportspeople, irrespective of the EU 

legislation under which they are placed on the market; 

  sportspeople: people who practise sport once a week or more7; 
 

lifestyle users: people who practise sport less than once a week or not at all8. 

2.1. Products present on the market, market size, value and prices 

Different  interested  parties  and  scientific  bodies  have  introduced  throughout  the 
years  different  categorisations  of  sports  food  for  their  purposes9.  Taking  these  and 
the  current  market  into  account,  the  FCEC  Study10,11 identified  the  following  three 
categories of sports food: (1) sports drinks; (2) (protein-based) muscle strengthening, 
building  and  post  exercise  recovery  products,  and  (3)  energy  and  performance 
boosting products and products for on-going supplementation of sportspeople. 

The EU  wide  market for sports  nutrition and drinks was worth €3.07 billion  (retail 
value)  in  201412, 13.  The  market  for  sports  food  at  EU  level  has  grown  by  11.2% 
between 2009 and 2014, equivalent to a compound annual growth rate of 2.2%. This 
growth has mainly been driven by protein-based products, which grew by 68% over 
the  period.  Energy  and  performance  boosting  products  grew  by  54%  while  sports 
drinks shrank by 8%14. 

6 

7 

8 
9 
10 
11 

12 
13 

14 

The SCF Report concluded that the "concept of a well-balanced diet is the basic nutritional requirement 
for athletes". It further explained that "taking the aspects of intense muscular exercise in consideration 
(…)  individuals  can  benefit  from  particular  foods  and  food  ingredients  beyond  the  recommended 
dietary  guidelines  for  the  general  population"  and  gave  some  advice  on  the  nature  and  essential 
composition of sports food 28.02.2001 http://ec.europa.eu/food/fs/sc/scf/out64_en.pdf.  
For  the  purpose  of  the  consumer  survey,  the  definition  of  sportspeople  included  the  requirement  to 
consume sports food at least once in the last year, FCEC Study, Section 3.3.1. 
FCEC Study, Section 3.3.1. 
FCEC Study, Section 3.1.1.1. 
FCEC Study, Section 3.1.1.2, Table 3.1. 
There are certain cases of borderline products which can be used by and might give the impression to be 
of interest for sportspeople. Still, because of their targeting of the general population, such borderline 
products  were  not  considered  as  sports  food  when  analysing  the  market  in  the  context  of  the  FCEC 
Study, FCEC Study, Section 3.1.1.3. 
FCEC Study on the basis of data from Euromonitor, Section 3.2.1.1. 
The  largest  Member  State  markets  were:  (1)  UK  (EUR  732m),  (2)  Spain  (EUR  491m),  (3)  Germany 
(EUR  452m),  (4)  Italy  (EUR  358m),  (5)  Sweden  (EUR  185m),  (6)  Netherlands  (EUR  153m)  and 
(7) France (EUR 128m),  FCEC Study on the basis of data from Euromonitor, Section 3.2.1.1. 
FCEC Study, Section 3.2.1.1. 

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The number of sports food products present in the market can be estimated, on the 
basis  of  the  innovation  rate  at  EU  level15,  to  between  approximately  20,000  and 
30,000  with  the  highest  number  of  products  in  the  category  of  the  protein-based 
sports food16. 

In terms of market value in the EU, 61% of all sports food belongs to the category of 
sports  drinks,  26%  to  protein  based  products  and  13%  to  energy  and  performance 
boosting products17. 

The  consumer  price  of  sports  food  is  fairly  equal  across  the  different  distribution 
channels. However, the wholesale price at which the manufacturer sells to different 
distribution channels may vary significantly. The most expensive category is clearly 
the  (protein-based)  muscle  strengthening,  building  and  post  exercise  recovery 
products,  followed  by  performance  boosting  products,  and  products  for  on-going 
supplementation of sportspeople. The least expensive category of sports food is the 
category of sports drinks18. 

2.2. Structure of the market, distribution channels 

Findings  show  that  large  multinational  companies  dominate  the  market  of  sports 
drinks, while SMEs19 entirely or mainly focus on sports nutrition20. 

of 

and 

users 

44.3% 

lifestyle 

61.2% 
considered 
supermarkets/generalists shops as the most important distribution channel for sports 
food,  followed  by  sports  supermarkets.  The  importance  of  online  channels  and 
internet  is  still  not  significant  when  purchasing  sports  food  but  its  use  amongst 
lifestyle users is higher than amongst sportspeople21. Additional distribution channels 
for sports food include specialised shops, pharmacies and fitness centres22. 

sportspeople 

of 

2.3. The marketing of sports food 

Information  on  the  label  was  identified  as  one  of  the  most  significant  marketing 
techniques  for  the  sector 23 .  Information  on  the  label  can  relate  to  the  (1)  sale 
denomination: clear description of the function of the products (e.g. "energy bars"); 
(2)  brand  and  packaging  (e.g.  the  use  of  photos  of  sportspeople);  (3)  clear 
instructions  for  use  (e.g.  "during  or  after  physical  activity");  (4)  composition  and 
ingredients;  (5)  use  of  information  such  as  "high  energy",  "source  of  glucose"; 
(6) use  of  information  suggesting  beneficial  health  effects  for  sportspeople  with 
respect to the particular characteristics of the product. 

15 

16 
17 
18 
19 

20 
21 
22 
23 

"The  most  suitable  method  identified  for  estimating  the  number  of  FISP  [food  intended  for 
sportspeople]  products  on  the  market  is  based  on  innovation.  According  to  industry  interviewees, 
innovation at EU level in terms of new products represents between 8% and 12% of the products on the 
market in a given year.", FCEC Study, Section 3.1.1.4. 
FCEC Study, Section 3.1.1.4. 
FCEC Study, Section 3.1.1.5, Table 3.4. 
FCEC Study, Section 3.1.3. 
Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-
sized enterprises, OJ L 124, 20.5.2003, p. 36. 
FCEC Study, Section 3.2.1.4, Table 3.13. 
FCEC Study, Section 3.3.2, Figure 3-7. 
FCEC Study, Section 3.3.2. 
Other marketing techniques used in relation to sports food are: sponsoring of sports events, endorsement 
by famous sportspeople, specialised press advertising, mainstream media, world-of-mouth advertising, 
web marketing and internet communication, FCEC Study, Section 3.3.3. 

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Sportspeople and lifestyle users identified the following elements of importance for 
the  label:  the  list  of  ingredients,  followed  by  the  expected  results/effects  and 
consumption  instructions,  side  effects,  warnings  on  potential  overdoses  and  use  of 
natural  ingredients/procedures  in  the  preparation 24 .  However,  the  two  groups  of 
consumers  have  slightly  different  interests  when  ranking  the  importance  of  the 
mentioned  information.  For  example,  receiving  information  on  the  expected  results 
or  effects  of the product is more relevant for sportspeople, while lifestyle users are 
more interested in side effects or the use of natural ingredients25. 

3.

  CONSUMER UNDERSTANDING AND CONSUMPTION HABITS  

Sportspeople  and  lifestyle  users  have  a  very  diverse  degree  of  awareness  of  their 
nutritional needs in relation to sports activity and knowledge about products and their 
properties 26 .  The  more  general  the  intended  use  of  a  sports  food  is,  the  more 
widespread is the use among different groups of consumers27. 
Sportspeople consume more sports food in relation to sport than to other activities 28 
and they are willing to spend more on such products than lifestyle users29. The trend 
is  reversed  for  consumption  not  related  to  sport  or  physical  activities 30 .  Less 
sportspeople  than  lifestyle  users  consume  sports  food  in  relation  to  physical  effort 
other  than  sport31.  Energy  increase  and  recovery  are  the  main  reasons  declared  by 
both groups of consumers for the consumption of sports food32. 

Still, the reasons for consumption are not necessarily reflected in the intended use of 
the sports food which is particularly valid for lifestyle users33. 

Information  on  the  particular  nutritional  characteristics  of  sports  food  and  its 
beneficial  health  effect  for  sportspeople  can  be  provided  either  under  Article  9  of 
Directive 2009/39/EC, as mandatory requirement, if sports food is classified as food 
intended for particular nutritional uses or as authorised claim under Regulation (EC) 
No  1924/200634,  if  sports  food  is  classified  as  food  for  normal  consumption  and 

24 

25 
26 
27 
28 

29 
30 

31 

32 
33 

34 

28% list of ingredients, 19% expected results/effects, 18% consumption instructions, 14% side effects, 
13% warnings on potential overdoses and 9% use of natural ingredients/procedures in the preparation, 
FCEC Study, Section 3.3.3, Figure 3-8. 
FCEC Study, Section 3.3.3, Figure 3-9. 
FCEC Study, Section 3.3.1. 
FCEC Study, Section 3.3.1.1. 
68%  of  sportspeople  consume  sports  food  in  relation  to  sport  activities,  compared  to  just  15.6%  of 
lifestyle users, FCEC Study, Section 3.3.1.1, Figure 3-3. 
FCEC Study, Section 3.3.1.2. 
57.7% of lifestyle users use sports food neither in the context of sport nor physical activity and this is 
only the case in 16.1% of sportspeople, FCEC Study, Section 3.3.1.1, Figure 3-3. 
15.9% of sportspeople indicated that they consume sports food in relation to physical effort other than 
sport, compared to 26.7% of lifestyle users, FCEC Study, Section 3.3.1.1, Figure 3-3. 
FCEC Study Annexes, Consumer Survey, Section 6.5, Figure 6-9. 
20% of performance boosting products and 14.6% of protein-based products are consumed by lifestyle 
users  in  relation  to  wellness  and  health.  Taste  preferences  have  been  indicated  as  the  most  important 
reason behind consumption of sports drink products (24% of lifestyle users and 9.4% of sportspeople; 
percentages which confirm and justify the efforts operators make to mainly innovate in terms of taste 
and  flavours).  Taste  preferences  have  been  indicated  by  11.5%  of  lifestyle  users  as  the    reason  for 
consumption  of  sport  energy  bars,  compared  to  4.8%  of  sportspeople,  who  mainly  consume  these 
products  in  relation  to  energy  increase  (27%)  and  energy  recovery  (24%),  FCEC  Study  Annexes, 
Consumer Survey, Section 6.5, Figure 6-9. 
Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on 
nutrition and health claims made on foods, OJ L 404, 30.12.2006, p. 9. 

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governed by horizontal rules of food law. Hence, consumers usually have no means 
to identify under which legislation such information is provided and identify whether 
a claim has been authorised according to the procedure laid down in Regulation (EC) 
No  1924/2006  or  not35.  Findings  of  the  consumer  survey  show  that  the  trust  of 
consumers in non-authorised claims is not lower than the trust in authorised claims36. 
Although information on the expected results or effects of sports food was identified 
as important for sportspeople37 on the basis of the consumer survey, the influence of 
the presence of a claim when purchasing sports food can be questioned38. 

4.

  OVERVIEW OF THE APPLICABLE LAW FOR SPORTS FOOD UNTIL 20 JULY 2016  

Sports  food  has  to  comply  with  the  provisions  laid  down  in  Regulation  (EC) 
No 178/200239 (so called 'General Food Law'). However, as a result of the possibility 
to classify sports food either (1) as 'foodstuff intended for particular nutritional uses' 
under Directive 2009/39/EC until 20 July 2016, when this Directive will be repealed 
or (2) as food for normal consumption governed by relevant horizontal rules of food 
law,  the  treatment  of  sports  food  varies  amongst  Member  States.  Some  Member 
States  require  notification  of  sports  food  classified  as  food  intended  for  particular 
nutritional uses in accordance with Directive 2009/39/EC and have laid down other 
specific rules (e.g. definition, composition, labelling). For sports food not classified 
as  food  intended  for  particular  nutritional  uses  and  governed  by  horizontal  rules, 
Member  States  might  require  notification  at  national  level  under  the  legislation  for 
fortified foods and food supplements40. 

4.1. Sports food classified as 'food intended for particular nutritional uses' 

Sports food can be classified as 'foodstuff intended for particular nutritional uses' if it 
complies with the definition laid down in Directive 2009/39/EC. Such foodstuffs are 
defined as foods which (1) are the result of a special composition or manufacturing 
process,  (2)  are  clearly  distinguishable  from  foodstuffs  for  normal  consumption, 
(3) are  suitable  for  their  claimed  nutritional  purpose,  and  (4)  are  marketed  in  such 
way that such suitability is indicated. 

Article 3 of Directive 2009/39/EC lays down the general requirement that the nature 
and composition of the foods concerned shall be such that the product is appropriate 
for the intended particular nutritional use. Article 4 of Directive 2009/39/EC requires 
to  adopt  under  its  framework  additional  specific  Directives  for  certain  groups  of 
foodstuffs  for  particular  nutritional uses,  amongst  others  for  'food  intended  to  meet 
the expenditure of intense muscular effort, especially for sportsmen'. However, since 
1989,  when  the  concept  of  foodstuffs  intended  for  particular  nutritional  uses  was 
established, no such specific rules have been adopted for sports food. As a result, if 
classified  as  food  intended  for  particular  nutritional  uses,  such  products  have  to 
comply solely with the more general rules of Directive 2009/39/EC. 

35 
36 
37 
38 
39 

40 

FCEC Study, Section 3.3.3. 
FCEC Study, Section 3.3.3, FCEC Study, Annexes, Consumer Survey, Section 6.10, Table 6.3. 
FCEC Study, Section 3.3.3, Figure 3-9. 
FCEC Study, Annexes, Consumer Survey, Section 6.11, Table 6.4. 
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying 
down  the  general  principles  and  requirements  of  food  law,  establishing  the  European  Food  Safety 
Authority and laying down procedures in matters of food safety, OJ L 31, 1.2.2002, p. 1. 
FCEC Study, Section 3.4.1.1. 

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Article 9 of Directive 2009/39/EC requires, as a general rule, that food intended for 
particular nutritional uses shall comply with the labelling requirements of Directive 
2000/13/EC  on  the labelling,  presentation  and  advertising  of  foodstuffs41 (Directive 
2000/13/EC has been replaced by Regulation (EU) No 1169/2011 on the provision of 
food  information  to  consumers 42 ).  In  addition,  some  specific  labelling  and 
compositional  requirements  were  laid  down  in  Directive  2009/39/EC  for  these 
products,  which  will  be  analysed  in  detail  in  Chapter  6  of  this  report.  National 
competent  authorities  are  responsible  to  check  compliance  of  foods  intended  for 
particular nutritional uses with the provisions of Directive 2009/39/EC. 

4.2. Sports food classified as food for normal consumption and governed by relevant 

horizontal rules of food law 

If sports food is not classified as food intended for particular nutritional uses, it may 
have  to  comply with  the relevant  requirements of some of the following horizontal 
food law measures: (1) Regulation (EC) No 1924/2006 on nutrition and health claims 
made on foods; (2) Regulation (EC) No 1925/2006 on the addition of vitamins and 
minerals  and  of  certain  other  substances  to  foods 43  (so  called  'fortified  food'); 
(3) Regulation  (EU)  No  1169/2011  on  the  provision  of  food  information  to 
consumers;  (4)  Directive  2002/46/EC  on  food  supplements 44 and,  (5)  Regulation 
(EC) No 258/97 on novel foods and novel food ingredients45 (the Regulation will be 
repealed,  as  of  1  January  2018,  by    Regulation  (EU)  2015/2283  on  novel  food46). 
Compared  to  the  legislative  framework  of  Directive  2009/39/EC,  there  are 
differences regarding  how  and  which  information  can  be  provided  to  the  consumer 
and  regarding  the  composition  of  the  product  concerned.  These  differences  will  be 
analysed in detail in Chapter 6 of this report. 

5.

  CHANGES INTRODUCED BY THE FSG REGULATION 

In  2011,  the  Commission  adopted  a  legislative  proposal  to  simplify  the  legal 
framework applicable to foods intended for particular nutritional uses47. The proposal 
aimed  at  abolishing  the  concept  of  food  intended  for  particular  nutritional  uses  by 
repealing Directive 2009/39/EC, including the specific Directives adopted under this 

41 

42 

43 

44 

45 

46 

47 

Directive  2000/13/EC  of  the  European  Parliament  and  of  the  Council  of  20  March  2000  on  the 
approximation of the laws of the Member States relating to the labelling, presentation and advertising of 
foodstuffs, OJ L 109, 6.5.2000, p. 29. 
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on 
the  provision of  food  information  to  consumers,  amending  Regulations (EC) No 1924/2006 and (EC) 
No  1925/2006  of  the  European  Parliament  and  of  the  Council,  and  repealing  Commission  Directive 
87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC 
of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and 
Commission Regulation (EC) No 608/2004, OJ L 304, 22.11.2011, p. 18. 
Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on 
addition of vitamins and minerals and of certain other substances to foods, OJ L 404, 30.12.2006, p. 26. 
Directive  2002/46/EC  of  the  European  Parliament  and  of  the  Council  of  10  June  2002  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  food  supplements,  OJ  L  183,  12.7.2002, 
p. 51. 
Regulation  (EC)  No  258/97  of  the  European  Parliament  and  of  the  Council  of  27  January  1997 
concerning novel foods and novel food ingredients, OJ L 43, 14.2.1997, p. 1. 
Regulation (EU) No 2015/2283 of the European Parliament and of the Council of 25 November 2015 
on novel foods, OJ L 327, 11.12.2015, p. 1. 
European Commission, 2011, Proposal for a Regulation of the European Parliament and of the Council 
on food intended for infants and young children and on food for special medical purposes, COM (2011) 
353. 

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framework,  and  replacing  it  with  a new  framework  covering  only  foods  for  certain 
vulnerable  groups  of  consumers,  for  which  specific  composition  and  information 
rules were justified. This change was particularly relevant for sports food since it was 
often  very  difficult  to  understand  whether  a  specific  food  product  had  to  be 
considered as a food intended for particular nutritional uses by sportsmen or a food 
for  normal  consumption  fortified  in  certain  nutrients  with  a  health  claim  targeting 
sportspeople.  This  also  led  to  the  situation  that  so-called  'legislation  shopping'  was 
reported, where operators chose to comply, on the basis of their convenience, either 
with  Directive  2009/39/EC  or  with  other  horizontal  rules  of  food  law,  as  described 
under Chapter 4, point 4.2. 

On the basis of the impact assessment carried out by the Commission in preparation 
of  the  Commission's  proposal,  sports  food  was  excluded  from  its  scope 48 . 
Consequently, the proposal foresaw that sports food currently placed on the market 
under  Directive  2009/39/EC  should  comply  with  other  relevant  horizontal  rules  of 
EU food law after 20 July 2016, when the FSG Regulation enters into application. 

6.

  SUMMARY OF THE ISSUES RELATED TO SPORTS FOOD AFTER 20 JULY 2016 

This  chapter  provides  detailed  analysis  on  how  sports  food  currently  classified  as 
food  intended  for  particular  nutritional  uses  would  be  affected  under  the  horizontal 
rules  of  food  law  in  the  absence  of  specific  legislation  after  20  July  2016  (when 
Directive  2009/39/EC  is  repealed)  and  whether  there  is  the  need  for  specific 
legislation  for  the  concerned  products.  No  change  would  occur  for  sports  food 
currently  considered  as  food  for  normal  consumption  governed  by  relevant 
horizontal rules of food law. 

6.1. Food safety aspects 

Article 14 of General Food Law requires that food shall not be placed on the market 
if it is unsafe and lays down the requirements on how to determine whether a food is 
unsafe. According to Article 17 of the General Food Law, it is the responsibility of 
the food business operators to ensure compliance with these provisions and Member 
States are responsible for the enforcement. Those provisions already apply today to 
sports food, as they apply to all other foods. 

Taking this into account, there will be no changes for sports food currently classified 
as food intended for particular nutritional uses regarding general safety requirements 
when governed by horizontal rules of food law. 

6.2. Consumer information aspects 

Currently, sports food classified as food intended for particular nutritional uses has to 
comply  with  additional  and  specific  information  requirements  compared  to  sports 
food not classified as such. After 20 July 2016, the evolution for sports food may be 
described as follows. 

48 

Commission  Staff  Working  Paper,  Impact  Assessment  Accompanying  the  Document  "Proposal  for  a 
Regulation  of  the  European  Parliament  and  of  the  Council  on  food  intended  for  infants  and  young 
children and food intended for special medical purposes", 
http://ec.europa.eu/food/safety/docs/labelling_nutrition-special_groups_food-
impact_assessment_en.pdf. 

9 

 
 
                                                            
 
Information on the particular nutritional characteristics of sports food and suitability 

According  to  Article  9  of  Directive  2009/39/EC,  it  is  mandatory  to  indicate  the 
particular  nutritional  characteristics  and  compositional  elements  or  special 
their  particular  nutritional 
manufacturing  process  which  give 
characteristics.  In  addition,  Directive  2009/39/EC  requires  that  foods  intended  for 
particular nutritional uses  are marketed in a way to  indicate the  suitability for their 
claimed  nutritional  purposes.  Such  indications  under  Directive  2009/39/EC  may 
imply nutritional and health benefits, however no authorisation is required for them. 

the  products 

After 20 July 2016, consumer information on sports food will have to be provided in 
accordance  with  Regulation  (EU)  No  1169/2011.  Furthermore,  information  falling 
under  the  definition  of  nutrition  and  health  claims  provided  for  such  products  on  a 
voluntary  basis  will  have  to  comply  with  Regulation  (EC)  No  1924/2006. 
Consequently, only nutrition and health claims authorised pursuant to that Regulation 
will be allowed for use on sports food. 

Currently,  there  are  already  seven  authorised  health  claims  targeting  sportspeople 
and  some  additional  ones  which  may  be  relevant 49 , 50 .  Health  claims  targeting 
sportspeople  should  be  backed  by  scientific  evidence  specific  for  this  target  group 
and not for the general population. There are substances for which claims were not 
authorised51,  sometimes  despite  a  favourable  conclusion  of  EFSA52 regarding  the 
beneficial  effect  for  sportspeople  of  the  product  concerned,  because  the  claim  was 
considered as non-beneficial for the general population from the health policy point 
of view (e.g. 'high in sodium'). 

Information on the designation of sports food and their intended use 

Directive  2009/39/EC  requires,  in  addition  to  the  indication  of  their  particular 
nutritional characteristics, that foods covered by its scope are intended for particular 
nutritional  uses  and  are  clearly  distinguishable  from  foodstuffs  for  normal 
consumption. On this basis, operators have been designating the products as "sports 
food"  or  "product  suitable  for  sports  activity"  and  providing  instructions  for  use, 
specifying the appropriate use of the products (e.g. before, during, after exercise). 

In  accordance  with  Article  17  of  Regulation  (EU)  No  1169/2011,  the  name  of  the 
food  shall  be  provided  on  a  mandatory  basis,  and  it  shall  be  its  legal  name,  where 
defined at EU or national level, or in the absence of this, its customary name, or if 
such customary name is not used, a descriptive name. That provision would apply to 
the designation of "sports food". Regarding the instructions for use, Article 9(1)(j) of 
Regulation  (EU)  No  1169/2011  requires  its  mandatory  indication  where,  in  the 
absence of such information, it is difficult for the consumer to make appropriate use 
of the food. The instructions for use, as specified in Article 27(1) of Regulation (EU) 
No  1169/2011,  shall  be  indicated  in  such  a  way  as  to  enable  appropriate  use  to  be 
made  of  the  food.  In  addition,  voluntary  food  information  can  also  be  given  to  the 
consumers in line with Chapter V of Regulation (EU) No 1169/2011. 

49 
50 

51 
52 

FCEC Study, Section 3.3.4.1. 
Claims  relevant  for  sportspeople  on  caffeine  are  under  discussion.  EFSA  Panel  on  Dietetic  Products, 
Nutrition  and  Allergies,  2011,  Scientific  Opinion  on  a  list  of  health  claims  pursuant  to  Article  13(1) 
(EC)  No  1924/2006,  EFSA  Journal  2011;9(4):2054;  EFSA  Panel  on  Dietetic  Products,  Nutrition  and 
Allergies, 2015, Scientific Opinion on the safety of caffeine, EFSA Journal 2015:13(5):4102 
FCEC Study, Section 3.3.4.1. 
EFSA  Scientific  and 
http://www.efsa.europa.eu/en/supporting/pub/871e. 

intended  for  sportspeople,  29.09.2015, 

technical  assistance  on  food 

10 

 
 
                                                            
6.3. Compositional aspects 

As explained under Chapter 4, point 4.1 of this report, foods intended for particular 
nutritional  uses  currently  need  to  comply  with  the  general  requirement  that  their 
composition shall be such, that the product is appropriate for its intended particular 
nutritional  use.  Under  the  framework  of  Directive  2009/39/EC,  Regulation  (EC) 
No 953/2009 53 lists  in  its  Annex  certain  categories  of  substances  which  may  be 
added for specific nutritional purposes in certain foods for particular nutritional uses, 
including sports food. However, no specific provisions are laid down with respect to 
the values of these substances, when added. 

Taking  into  account  that  no  specific  composition  requirements  have  been  set  for 
sports food classified as food intended for particular nutritional uses, only the above 
mentioned requirements apply in respect to their composition. 

After 20 July 2016, a sports food classified as food intended for particular nutritional 
uses  will  be  considered  under  horizontal  rules  of  food  law  either  as  a  food 
supplement,  where  it  falls  under  the  definition  of  Directive  2002/46/EC  or,  in 
accordance with Regulation (EC) No 1925/2006, as a fortified food. 

In  the  case  of  fortified  food,  Article  6(6)  of  Regulation  (EC)  No  1925/2006  states 
that  vitamins  and  minerals  added  to  the  food  should  be  present  at  least  in  a 
'significant  amount'  according  to  the  definition  laid  down  in  Regulation  (EU) 
No 1169/2011. In sports food, vitamins and minerals are sometimes added at lower 
level than that 'significant amount', to ensure that the composition of the product best 
addresses the requirements of the body when carrying out a particular sports activity. 
In that context, it should be taken into account that Regulation (EC) No 1925/2006 
provides  for  the  possibility  of  granting  a  derogation  to  the  requirement  of  the 
‘significant  amount’  in  justified  cases  for  certain  categories  of  food.  Consequently, 
there  is  an  appropriate  basis  in  place  under  Regulation  (EC)  No  1925/2006  which 
would  allow  that  sports  food  classified  nowadays  as  food  intended  for  particular 
nutritional uses could continue to contain less than the significant amount of vitamins 
and minerals after 20 July 2016. 

With  respect  to  the  addition  of  substances  other  than  vitamins  and  minerals,  no 
harmonisation  took  place  up  to  now  for  fortified  foods  under  Regulation  (EC) 
No 1925/2006  and  for  food  supplements  under  Directive  2002/46/EC.  Hence, 
Member  States  have  the  possibility  to  introduce  national  rules  in  this  respect,  in 
compliance with Articles 34 to 36 of the Treaty on the Functioning of the European 
Union 54,  as  to  any  other  food  products  today  classified  as  food  supplements  or 
fortified foods. Where Member States intend to adopt such rules, Articles 11 and 12 
of Regulation (EC) No 1925/2006 apply. The situation is similar regarding maximum 
level of vitamins and minerals where harmonisation has not taken place either. After 
20 July 2016, when sports food classified previously as food intended for particular 
nutritional  uses  will  be  governed  by  horizontal  rules,  such  national  provisions  will 
apply to sports food. 

53  

54 

Commission  Regulation  (EC)  No  953/2009  of  13  October  2009  on  substances  that  may  be  added  for 
specific nutritional purposes in foods for particular nutritional uses, OJ L 269, 14.10.2009, p. 9. 
OJ C 326, 26.10.2012, p. 47. 

11 

 
 
                                                            
6.4. Aspects related to the notification required by national competent authorities 

Article  11(1)  of  Directive  2009/39/EC  requires  notification  for  foods  intended  for 
particular nutritional uses which do not belong to one of the groups listed in Annex I 
to  the  Directive.  Annex  I  lists  those  specific  groups  of  foodstuffs  intended  for 
particular nutritional uses for which it was required to lay down specific provisions. 
Although sports food is listed in this Annex, no specific rules have been adopted. For 
this reason, different approaches have been introduced by Member States regarding 
notification,  some  requiring  this  for  sports  food  classified  as  food  intended  for 
particular nutritional uses and some not. 

After 20 July 2016, sports food previously classified as food intended for particular 
nutritional  uses  will  have  to  comply  with  horizontal  rules  on  food  supplements  or 
fortified foods. For food supplements and fortified foods, Member States may require 
notification for monitoring purposes. Whether a possible re-notification requirement 
for sports  food  previously classified as  food intended  for particular  nutritional  uses 
will be requested will depend on the decision of the Member States. Differences in 
this  respect  might  be  expected;  however  it  should  be  noted  that,  already  in  the 
context  of  Directive  2009/39/EC,  notification  is  not  considered  as  a  significant 
administrative burden for operators55. 

6.5. Additional aspects 

After 20 July 2016, all sports food will have the same legal status. This would foster 
competition between manufacturers and, at the same time, would positively influence 
the  competitiveness  of  the  sector  concerned.  This  can  positively  affect  the  price  of 
sports  food.  There  might  be  however  some  negative 
the 
competitiveness  of  the  specific  sector  of  sports  food  manufacturers  currently 
operating under Directive 2009/39/EC that would lose its specific position. 

implication  on 

Re-labelling  and  re-notification  costs  (if  obligations  for  such  notifications  are 
introduced)  will  not  be  significant,  but  additional  costs  stemming  from  certain 
reformulation  of  sports  food  considered  today  as  food  intended  for  particular 
nutritional uses might appear in order to comply with the requirements of Regulation 
(EC)  No  1925/200656,57,58.  Additional  costs  for  sports  food  currently  placed  on  the 
market  under  Directive  2009/39/EC  can  also  be  expected  in  the  context  of 
applications for authorisation of health claims. Changes in the enforcement practices 
of the competent authorities compared to the current situation are not expected59. 

55 
56 

57 

58 

59 

FCEC Study, Section 4.2.1.1. 
 Operators  reported  one-off  relabeling  cost  for  sports  food  previously  placed  as  dietetic  food  on  the 
market.  It  was  also  reported  that  operators  periodically  re-label  their  products,  FCEC  Study,  Section 
4.2.1.1. 
The  need  to  reformulate  could  also  stem  from  some  national  provisions,  e.g.  maximum  levels  of 
vitamins  and  minerals  in  food  supplements  which  will  only  affect  sports  food  when  Directive 
2009/39/EC is repealed,  FCEC Study, Section 4.2.1.1. 
Such  costs  might  have  a  higher  proportional  impact  on  SMEs  than  on  larger  players,  FCEC  Study, 
Section 4.2.2. 
On  the  basis  of  the  survey  carried  out  amongst  national  competent  authorities,  41%  of  them  did  not 
foresee  any  changes  to  enforcement  practices  under  this  option  and  18%  only  minor  changes.  Eight 
competent  authorities  (36%  of  respondents)  foresee  moderate  changes  under  this  option  and  one  of 
them major changes, FCEC Study, Section 4.4.2.1. 

12 

 
 
                                                            
7.

  SUMMARY  OF  NATIONAL  COMPETENT  AUTHORITIES'  AND  INTERESTED  PARTIES' 

POSITIONS 

The  majority  of  national  competent  authorities  believe  that  the  existing  horizontal 
rules of food law are either quite suitable or very suitable for regulating sports food60. 
Six  national  competent  authorities  have  recognised  the  need  for  specific  rules  for 
sports food61. 

Operators  are  clearly  divided  on  the  question  whether  specific  legislation  is 
necessary  for  sports  food  or  whether  sports  food  should  be  governed  by  horizontal 
rules of food law62. 

An industry group in favour of specific provisions would like to ensure, through the 
introduction  of  specific  definition,  composition  and  information  requirements  for 
sports  food,  that  such  food  products  are  clearly  distinguishable  from  normal  food. 
According to this group, under the current horizontal rules of food law, the quality of 
the  product,  including  its  safety  and  suitability  for  the  target  group  and  the  proper 
communication  on  sports  food,  cannot  be  guaranteed,  in  particular  as  far  as 
Regulation  (EC)  No  1924/2006  on  nutrition  and  health  claims  is  concerned.  The 
position  expressed  by  this  group  states  that  this  would  discourage  innovation  since 
the authorisation of new health claims may be beyond the means of operators63. 

On the contrary, another industry group considers that the applicable horizontal rules 
of  food  law  are  sufficient  to  govern  the  different  aspects  (e.g.  food  safety, 
composition, and information) related to sports food and that the absence of specific 
legislation  prevents  'legislation  shopping'.  In  their  opinion,  sports  food  is  not 
addressed to particular groups of vulnerable people but is intended to the wide range 
of  population  carrying  out  sports  activity  for  different  purposes  (e.g.  athletes  for 
professional  purposes,  lifestyle  and  recreational  users  for  health  and  wellbeing 
purposes).  This  group  of  operators  believes  that  the  introduction  of  specific  rules, 
including  a  definition  for  sports  food,  could  lead  to  excessive  provisions  which 
would  negatively  impact  innovation64.  However,  this  group  of  operators  considers 
that some specific aspects, in particular regarding nutrition and health claims, are not 
adequately addressed under the horizontal rules of food law. 

It is a general concern of food business operators that legislation, either of horizontal 
or specific nature, should adequately allow the provision of relevant information for 
sports food with particular attention to the nutritional characteristics and the intended 
use.  There  is  also  agreement  that  certain  measures  introduced  at  national  level,  for 
example in  relation  to  food supplements and  fortified foods, can  lead to  barriers in 
the Internal Market and would negatively influence cross-border trade in the EU65.  

Finally, it should be mentioned that food business operators have raised the issue of 
the  use  of  doping  substances.  However,  this  is  not  relevant  to  the  European  food 
legislation  and  should  be  addressed  on  the  basis  of  international  and  voluntary 
standards66.  

60 
61 
62 
63 
64 
65 
66  

FCEC Study, Section 4.4.1.1. 
FCEC Study, Section 4.1.2.1. 
These differences can be observed throughout the whole FCEC Study.  
FCEC Study, Section 4.2.3. 
FCEC Study, Section 4.2.3. 
FCEC Study, Section 4.1.2.2. 
Study on doping prevention, European Commission, 12. December 2014,  
http://bookshop.europa.eu/en/study-on-doping-prevention-pbNC0514065/  

13 

 
 
                                                            
8.

  CONCLUSION 

There  are  clear  indications  that  sport  has  become  mainstream  in  the  general 
population.  Consequently,  people  carrying  out  sports  activity  can  hardly  be 
characterised as a specific vulnerable group of consumers but rather as a target group 
of  the  general  population  who  is  protected  at  an  appropriate  level  by  horizontal 
legislation. 

In  view  of  the  growing  completion  of  the  horizontal  rules  of  food  law  which  took 
place in the last years, an appropriate legislative framework is in place to ensure that 
sports  food classified nowadays as  food intended  for particular  nutritional uses can 
remain on the market and can operate. The horizontal rules of food law provide the 
necessary  safeguards  for  these  products  in  terms  of  food  safety,  food  composition, 
consumer  information  and  legal  certainty.  As  a  result,  not  only  all  sports  food 
products will be subject to the same legal requirements but they will have the same 
level of harmonisation as other foods falling under the horizontal rules of food law. It 
is expected that, through the simplification and clarification of the legal framework 
applicable  for  sports  food,  legal  certainty  will  be  enhanced  and  the  current 
fragmentation based on the different legal frameworks reduced. 

From  this  analysis,  it  can  be  concluded  that  there  is  no  necessity  for  specific 
provisions for food intended for sportspeople. Nevertheless, sports food may include 
some element of specificity and the analysis in this report shows that this may have 
to be taken into account by the Commission in the application and implementation of 
the  horizontal  rules,  so  that  such  specificities  can  be  adequately  addressed.  The 
Commission will ensure proper application of horizontal legislation and monitor the 
developments after 20 July 2016. 

14