15 Amendments of Robert ROCHEFORT related to 2011/0156(COD)
Amendment 22 #
Proposal for a regulation
Title 1
Title 1
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 and for use in energy-restricted diets for weight reduction (presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union) (Text with EEA relevance)
Amendment 27 #
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2009/39/EC foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses: ‘food intended to meet the expenditure of intense muscular effort, especially for sportsmen’ and ‘food for persons suffering from carbohydrate metabolism disorders (diabetes)’. With regard to food intended to meet the expenditure of intense muscular effort, no successful conclusion could be reached as regards the development of specific provisions due to widely diverging views among Member States and stakeholders concerning the scope of the specific legislation, the number of sub-categories of the food to be includ. Given that there is a genuine problem as regards harmonisation of this sector of the food market in the EU, high demand from sportspeople and a need, the criteria for establishing composition requirements and the potential impact on innovation in product developmento clarify the relevant labelling rules, by 2015, the Commission, having consulted the European Food Safety Authority, ought to update the report of 28 February 2001 on the foods concerned and, if necessary, come up with some proposals. As regards special provisions for food for persons suffering from carbohydrate metabolism disorders (diabetes), a Commission report concludes that the scientific basis for setting specific compositional requirements is lacking.
Amendment 35 #
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and, food for special medical purposes and foodstuffs intended for use in energy-restricted diets for weight reduction. Experience has shown that the provisions laid down in Commission Directives 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/212006/125/EC, 1999/21/EC and 96/8/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal- based food and baby food for infants and young children and to, food for special medical purposes, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC and foodstuffs intended for use in energy-restricted diets for weight reduction, taking into account the four directives mentioned above.
Amendment 41 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directives 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/212006/125/EC, 1999/21/EC and 96/8/EC should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs intended for use in energy- restricted diets for weight reduction should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 47 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, taking into account Commission Directives 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/212006/125/EC, 1999/21/EC and 96/8/EC. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, foodstuffs intended for use in energy-restricted diets for weight reduction and food for special medical purposes laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 62 #
Proposal for a regulation
Recital 27
Recital 27
(27) ‘Meal replacement for weight control’ and ‘total diet replacement for weight control’ are considered as food for particular nutritional uses and are governed by specific rules adopted under Directive 96/8/EC. However, more and more food intended for the general population has appeared on the market carrying similar declarations which are presented as health claims for weight control. In order to eliminate any potential confusion between food marketed for weight control and in the interests of legal certainty and coherence of Union legislation, such statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursua, foodstuffs used in energy-restricted diets for weight reduction should be covered in this regulation. In view of the risks that it presents to Regulation (EC) No 1924/2006, incorporating the health claims referring to the body weight controlhuman health and because it needs to be used under supervision, forod food presented as ‘total diet replacement for weight control’ and as ‘meal replacement for weight control’ and associated conditions of use as regulated under Directive 96/8/EC be completed prior to the entry into application of this Regulationr use in very low calorie diets (less than 800 calories a day) should be governed by Directive 1999/21/EC.
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) infant formula and follow-on formula for infants in good health;
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) processed cereal-based food and baby food for infants and young children in good health;
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) foodstuffs for use in energy-restricted diets for weight reduction;
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) ‘food for special medical purposes’ means food intended for the dietary management of patients to be used under medical supervision. It is intended for the exclusive or partial feeding of patients with a limited, impaired or disturbed capacity to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients contained therein, or with other medically-determined nutrient requirements, whose dietary management cannot be achieved only by modification of the normal diet. Food for special medical purposes also includes food preparations used in very low calorie diets.
Amendment 97 #
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) foods for use in energy-restricted diets for weight reduction, specially formulated foods which, when used as instructed by the manufacturer, replace the whole or part of the total daily diet. These foods fall into three categories: (i) products presented as replacing all of the total daily diet; (ii) products presented as a replacement for one or more meals of the daily diet; (iii) products presented as replacing part of a meal. These do not include products or programmes intended to replace the daily diet in very low calorie diets (less than 800 calories a day), which come into the category of food for special medical purposes.
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘infant formula’, ‘follow-on formula’, ‘processed cereal-based food’ and ‘baby food’ and, ‘food for special medical purposes’ and ‘foods for use in energy-restricted diets for weight reduction’, taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
In the labelling, presentation and advertising of foodstuffs for normal consumption the following shall be prohibited: (a) the use of the expression ‘specialised nutrition’, either alone or in conjunction with other words, to designate those foodstuffs; (b) all other markings or any presentation likely to give the impression that one of the products referred to in Article 1 is involved.
Amendment 133 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and, Directive 1999/21/EC and Directive 96/8/EC as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:
Amendment 150 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Directive 96/8/EC and Regulation (EC) No 41/2009 areis repealed from [the first day of the month 2two years after the date of the entry into force of this Regulation].