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Reports and Memo's
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Brussels, october 1995
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Decisive years for european consumer protection
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Current situation in the foodstuffs sector
We are giving hereunder a review of the problems that were, and still are, on the 1995 agenda of the European institutions. End of September 1995, the state of the discussions was as follows :
1.1. Vertical Directives
The review of the « package » of vertical directives is blocked within the Commission because of the problems linked to the revision of the directives on honey and chocolate.
The main problem holding up the adoption by the Commission of the proposal on cocoa and chocolate products is the question of the inclusion of other vegetable fats (up to 5%) than cocoa butter.
The Commission envisages 3 possibilities:
- to prohibit the inclusion of all other vegetable fats
- to admit the inclusion of all other vegetable fats
- to keep the status quo.
According to the Commission, it would not be politically acceptable to prohibit the inclusion of all other vegetable fats since they are already permitted in 7 of the Member States. It wishes to maintain the « acquis communautaire », and will probably propose the « status quo » or leave the Member States free to include or prohibit other fats. In future however, the ingredients used will have to be indicated on labelling.
1.2. Amendment of the 79/112 Directive on labelling
Common Position (EC) No 7/95 was adopted by the Council on 15 June 1995. It covers the sales name, the use of languages, QUID (Quantitative Ingredients Declaration) and products composed of a single ingredient. It does not include the proposal of the Commission concerning small packages nor the labelling of alcoholic beverages; the latter will be the subject of a future Council Decision. More detailed views are given on this subject under point 2).
1.3. Labelling of foodstuffs containing aspartame
In line with the provisions of Directive 94/35/EC on sweeteners for use in foodstuffs, the Commission has drafted a Directive requiring foodstuffs containing aspartame to state on the label 'contains a source of phenylalanine'. The Commission has submitted this draft to the Member States in preparation for a positive opinion of the Standing Committee for Foodstuffs which will permit the Commission to adopt the Directive definitively.
1.4. Indication of unit prices
On 19 June 1995, the Council adopted its Common Position in accordance with Article 100a of the Treaty for the purpose of amending Directive 79/581/EEC on consumer protection in the indication of the prices of foodstuffs as amended by Council Directives 88/315/EEC and 88/314/EEC on consumer protection in the indication of the prices of non-food products.
The purpose of the proposal is to postpone by four years the full implementation of the current provisions of Community law on the indication of unit prices for certain pre-packaged products; if this were not done, the provisions would be applicable as from 7 June 1995. The additional period will be used to prepare new simplified provisions on the indication of prices.
1.5. Regulation on novel foods
At the « Internal Market » Council of 6 June, the dossier on novel foods was returned to the Committee of Permanent Representatives as it was not possible to smooth out some differences.
In particular, five delegations (Germany, Sweden, Austria, Denmark and Greece) called for a strengthening of the measures on the labelling of genetically engineered foodstuffs, considering that the consumer has the right to a more complete information. The Commission proposed the labelling of only « substantially » modified products, which means:
- the food itself has been modified
- the food contains modified organisms
- there is a substantial change in the characteristics of the product.
In the meantime, however, the Greek delegation has removed its reservation; the text is being adapted and it is probable that the Common Position could be adopted by qualified majority at the next Council meeting for onward transmission to the Parliament.
1.6. Irradiation of foodstuffs
No further progress has been made. The Commission hopes that the Spanish presidency will unblock the dossier. The solution to this problem is becoming more and more urgent because the consumer organisations suspect that a greater quantity of irradiated vegetables is arriving on the internal market than is effectively labelled as such. The suspicion has arisen from the noticeably longer durability of salad and radishes. In its answer in OJEC No C 222 of 28 August 1995, the European Commission could not confirm the suspicion of certain consumer organisations and referred to the responsibility of the Member States in matters of controls.
It would be highly regrettable if it were confirmed that fresh vegetables are being irradiated because in this point at least all the consumers and the majority of farmers agree that fresh fruit and vegetables should not be irradiated, whatever the case.
1.7. Claims concerning foodstuffs
The last draft proposal for a directive of the European Parliament and of the Council on the use of claims concerning foodstuffs dates back to 1994. It seems unlikely at present that a directive on claims will be adopted since if this were to occur, it would consist chiefly of one sentence, namely, that everything is permitted in the advertising of foodstuffs provided that it can be proved to be correct and accurate.
1.8. Maintenance of national laws prohibiting the use of certain additives in the production of certain foodstuffs
The Commission has adopted its proposal for a European Parliament and Council Decision on the maintenance of national laws prohibiting the use of certain additives in the production of certain foodstuffs (COM(95) 126 final of 19.04.95). Nine Member States notified products for which they wish to have derogations: mainly cheeses, prepared meat products, spirits.
1.9. Allergens
Discussions took place in 1994 at Community level and at international level within the framework of Codex Alimentarius on the subject of food allergies.
The Scientific Committee for Food was entrusted by the Commission with a study which aims to make a list of foodstuffs or ingredients causing allergy or intolerance and to count the population affected by these allergies as well as the danger to health. The study should be finalized by the autumn.
Other work is being carried out on food allergies under the research and technological development programme in the field of food science and technology.
1.10. Flavours
The Scientific Committee for Food has reviewed the circa 1500 chemically defined substances on the basis of lists from the US Food and Drug Administration (FDA) and is trying to obtain a positive list. The Commission states however that there is little progress on a proposal since the Member States cannot agree on the mechanism for achieving a positive list.
1.11. Programme of Community action on health promotion, information, education and training within the framework for action in the field of public health
The Council of « Health » Ministers of 2 June adopted their Common Positions on the 3 Community action programmes: fight against cancer, prevention of aids, and health promotion. The amounts originally proposed for allocation to these programmes were slightly reduced to: cancer 59 Mecus; - AIDS 49.6 Mecus; - health promotion 30 Mecus. The latter could be of interest to the consumer cooperatives as it includes « examination of the role of balanced nutrition as a health protection measure ». The EFTA countries, in the framework of the Agreement on the European Economic Area and the countries from central and eastern Europe with whom the Community has concluded association agreements may be associated with the activities.
1.12. Green Paper on a general framework directive for foodstuffs
The long awaited Green Paper will only now be available towards the end of the current year. The future role of the EC Advisory Committee on Foodstuffs will also be examined in this Green Paper and an enlarged meeting of the Advisory Committee will be held following its publication.
1.13. Review of the food hygiene directive
A group of independent experts was set up by the Commission in September 1994 to examine the impact on employment and competitivity of Community and national legislation with a view to its simplification. One of the 4 subjects selected for detailed examination was food hygiene. The Report drawn up (« Molitor ») suggests that a single set of hygiene rules should be created incorporating when necessary product specific hygiene arrangements, followed by a review of all product-specific regulation. A discussion paper will be drawn up by the Commission for consultation with the different business groups.
1.14. Foods for particular nutritional uses
The proposal for a European Parliament and Council Directive amending the framework Directive has not yet been finally adopted by the Council; the position is therefore still not totally clear.
The directive has been adopted on infant formulae and follow-on formulae and the directive on cereal based foods and baby foods for infants and young children should be adopted shortly. The proposal for a directive on foods intended for an energy restricted diet and weight control is at an advanced stage of elaboration.
The number of daughter directives to be drawn up under the framework directive will depend on forthcoming discussions at the Parliament.
1.15. Fortification of foodstuffs
In view of the differences between countries, the Commission has been asked by the Member States to address the question of fortification and will draw up a consultation paper.
1.16. Dietary supplements
The Commission is also starting work on diet integrators and will draw up a consultation paper in the coming months.
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[ TABLE OF CONTENTS ]
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