“The Revision of the PARNUTS Directive” Brussels, 27-28 November, 2012 CYPRUS PRESIDENCY

““The Revision of the The Revision of the PARNUTS Directive”PARNUTS Directive”

Brussels, 27-28 November, 2012Brussels, 27-28 November, 2012

CYPRUS PRESIDENCY CYPRUS PRESIDENCY OF THE COUNCIL OF THE EUOF THE COUNCIL OF THE EU

Mrs Charitini FrenaritouMrs Charitini FrenaritouFoodstuffs & Health Counselor of the CY PER REPFoodstuffs & Health Counselor of the CY PER REP

Cyprus Presidency of the Council of the EU

THE PRIORITIES

OF THE CYPRUS PRESIDENCY

OF THE COUNCIL OF THE EU


««TOWARDS A BETTER EUROPE»»

Working towards a Better Europe, the Cyprus Presidency has set the following priorities:

▫ Europe, more efficient and sustainable

▫ Europe, with a better performing and growth- based economy

▫ Europe, more relevant to its citizens

▫ Europe in the world, closer to its neighbours


The Cyprus Presidency’s priorities on FOODSTUFFS

- Proposal “Revision of PARNUTS” (early 2nd reading agreement)

- Proposal on the “Breakfast Directives” (Council’s General Approach)


“Proposal for a Regulation on food intended for infants and young children, food for special medical purposes and total diet

replacement for weight control”

Proposal submitted by the Commission : 24 June 2011

Polish Presidency : Started the discussions within the Council

Danish Presidency: Council’s General Approach (June 2012)

European Parliament: 1st Reading (June 2012)


• Cyprus Presidency (early 2nd reading agreement):

- 3 Trilogues with European Parliament(Technical Meetings with the EP)

- Council’s Working Groups/ COREPER

3rd Trilogue (14/11/12)

An agreement on the proposal was reached betweenthe two co-legislators, the Council of the EU and the

European Parliament (endorsed by COREPER 19/11)

Cyprus Presidency of the Council of the EUDirective on foodstuffs intended for particular nutritional uses (PARNUTS)

The majority of its provisions date back to 1977 and there was a need to be reviewed

Need to remove differences in interpretation by simplifying the regulatory environment.

The current framework regulating these products needed to be revised taking into account the evolution of the overall food regulatory system as well as the evolution of the market.


• Establishes compositional and information requirements for Establishes compositional and information requirements for

the following categories of food:the following categories of food:

a) infant formula and follow-on formula;b) processed cereal-based food and baby food;c) food for special medical purposes;d) total diet replacement for weight control

• EstablishesEstablishes a Union list of substances that may be added to one a Union list of substances that may be added to one or more categories of those categories of food and provides or more categories of those categories of food and provides rules for the update of this list.rules for the update of this list.

Main Points of the Proposal Main Points of the Proposal


FURTHERMORE there are provisions for:FURTHERMORE there are provisions for:

1).1). INTERPRETATION DECISIONS INTERPRETATION DECISIONS

To ensure uniform conditions for the implementation To ensure uniform conditions for the implementation of this Regulation, of this Regulation, implementing powersimplementing powers should be should be conferred on the Commission to decide:conferred on the Commission to decide:

• whether or not a given food falls within the scopewhether or not a given food falls within the scope of of this Regulation and this Regulation and

• to which category of food under the scope it belongsto which category of food under the scope it belongs


2).2).The following Union Legislation shall be repealed: The following Union Legislation shall be repealed:

• Directives 2009/39/ECDirectives 2009/39/EC, Directive 92/52/EEC and Regulation (EC) No 41/2009 (3 years after the date of the entry into force of this Regulation)

• Directives 96/8/EC, 2006/141/EC, 2006/125/EC, 1999/21/EC and Regulation (EC) No 953/2009 (from the date of application of delegated acts)

(to avoid a legal gap in the situation when the old PARNUTS legal framework Directives are repealed as from the date of application of this new Regulation, but the Commission has not yet adopted the Delegated Acts provided in this regulation)


3). Adequate transitional measures to enable food business operators to adapt to the requirements of this Regulation

(to address the stocks put on the market, taking into account the repeal of the current legislation)


Specific Requirements on:• Gluten/ Lactose• Milk based Drinks

• Food for Sportsmen • Foods for special medical purposes intended for

infants

• Novel Food/ Engineered Nanomaterials • Appropriate restrictions on presentation and

advertising of infant formula and on labelling on infant formula and follow on formula

• Support to Small Medium Enterprises (SME’s)• Innovation• Pesticides


Gluten/ Lactose

• Gluten

The rules on the use of the statements 'gluten-free' and 'very low gluten‘, as contained in Regulation (EC) No 41/2009, will be regulated under Regulation (EU) No 1169/2011.

The acts to be adopted should ensure at least the same level of protection for people who are intolerant to gluten as currently provided for under Regulation (EC) No 41/2009.

The transfer of the rules should be completed prior to the application of this Regulation, and

The Commission should consider how to ensure that people who are intolerant to gluten are adequately informed of the difference between food that is especially processed, prepared or manufactured to reduce the gluten content of one or more gluten containing ingredients and other food that is naturally free of gluten.


Lactose

•The establishment of rules on the use of the statements indicating the absence or reduced presence of lactose in food should be regulated under Regulation (EU) No 1169/201


Milk based Drinks

• The Commission shall, after consulting EFSA, present to the European Parliament and to the Council a report on the necessity, if any, of special provisions regarding the composition, labelling and other types of requirements, if appropriate, of the milk-based drinks and similar products intended for young children.

This report should consider, among others:

- the nutritional needs of young children and the scientific base of the added value of these products in the young children’s diet

The Commission may accompany this report with a legislative proposal.


Food for Sportsmen

•The Commission shall, after consulting EFSA, present to the European Parliament and to the Council a report on the necessity, if any, of provisions for food intended for sportsmen.

The Commission may accompany this report with a legislative proposal.


Foods for special medical purposes intended for infants

•Developments in the market accompanied by a notable increase of food for special medical purposes intended for infants makes it necessary to review requirements such as pesticides residues, labelling, presentation, advertising, promotional and commercial practices of formulas intended for infants that should also apply, as appropriate, to these food


Novel Food/ Engineered Nanomaterials

•When, for a substance that has been used in accordance with this Regulation, there is a significant change in the production method or a change in particle size, for example through nanotechnology, this substance should be considered different from the one that has been used in accordance with this Regulation and should be re-evaluated under Novel Food Regulation ((EC) No 258/97).


Restrictions on presentation and advertising of infant formula and on labelling on infant formula and follow on formula

•The presentation and advertising of infant formula shall not include pictures of infants, or other pictures or text which may idealise the use of this category of food

•The labelling of infant formula and follow-on formula shall not include pictures of infants, or other pictures or text which may idealise the use of this category of food


Support to Small Medium Enterprises (SME’s)

•To support SME’s there is provision to ensure that appropriate guidance is made available to the SME's to assist them in the application of the Regulation.

The Commission is requested to adopt guidelines providing technical guidance to facilitate compliance for all food business operators, in particular the SME’s, with specific chapters of the regulation


Innovation

•For the purpose of a regular update of the requirements applying to food under the scope of this regulation, the Commission will adopt and update delegated acts taking into account all relevant data, including data provided by interested parties in relation to innovative products


Pesticides

• The maximum residues levels in the food under the scope of this regulation should be set at the lowest achievable level to protect vulnerable groups of the population, taking into account good agricultural practices as well as other sources of exposure, such as environmental contamination.

• Limitations or bans of certain pesticides equivalent to those in the current provisions should be taken into account in delegated acts. Those limitations or bans should be updated regularly..


Union List

• The Union List will be in the Annex of the regulation and it will be include the substances that:

- are in the 3 lists of the current (Dir. 2006/141/EC, 2006/125/EC and Reg. 953/2009), and

- belongs to the following categories of substances: vitamins, minerals, amino acids, carnitine and taurine, nucleotides, choline and inositol.

•The update of the Union list will be done by delegated acts.


•This Regulation should be binding in its entirety and directly applicable in all Member States


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“The Revision of the PARNUTS Directive” Brussels, 27-28 November, 2012 CYPRUS PRESIDENCY

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