FSA Letter, 14 May 2007

DIETETIC FOODS - European Commission proposal for a working group

We have recently been informed that at the end of June 2007, the European Commission will be holding a Working Group meeting of EU Member State Government representatives in order to discuss a number of legislative issues in relation to foods for particular nutritional uses (parnuts foods). The Commission have requested written comments from EU Member States in advance of the meeting (See: SANCO/E4/AVS/ko (2007) D540237 (tif file)). The Agency will represent the views of UK stakeholders at the Working Group.

The topics to be discussed at the Working Group are outlined below. The Agency would welcome comments from stakeholders with regard to these topics. Please send any comments before 8th June.

Amendments to the parnuts framework Directive (Directive 89/398/EEC)

During the negotiations on the recast infant formula and follow-on formula Directive, some EU Member States proposed that the parnuts framework Directive should be amended to allow for an authorisation procedure with regard to the use of new ingredients in infant formula. (Note: 'new' refers to ingredients which are not ‘novel foods’, but which have not been used in infant formula previously.) In response, the Commission has undertaken to examine how this could be accommodated within a wider review of Directive 89/398/EEC. Possible amendments to the framework Directive will be discussed at the June meeting of the Working Group.

• The Agency would welcome comments from UK stakeholders regarding changes to Directive 89/398/EEC. Stakeholders who wish to propose specific amendments to the Directive are invited to submit evidence to the Agency in support of their proposals.

Diabetic foods/foods for persons suffering from carbohydrate-metabolism disorders

Article 4b of Directive 89/398/EEC (as amended), noted that the Commission shall draft a report on the desirability of special provisions for foods for persons suffering from carbohydrate-metabolism disorders (diabetes). The Commission intends to circulate this report in advance of the June Working Group. Please note that the joint Food Standards Agency/Diabetes UK position on ‘diabetic foods' can be found on the Agency website at: http://www.food.gov.uk/multimedia/webpage/82458.

• The Agency will notify UK stakeholders when the Commission publish the report on the desirability of special provisions for foods for persons suffering from carbohydrate-metabolism disorders (diabetes).

Implementation of ‘Article 9' of Directive 89/398/EEC

Article 9 of Directive 89/398/EEC lays down a notification procedure which applies to parnuts foods which do not belong to one of the groups listed in Annex I of the Directive. Article 9(5) of the Directive (as amended) noted that the Commission shall draft a report on the implementation of the notification procedure by EU Member States. The Commission intends to circulate this report in advance of the June Working Group meeting.

• The Agency will notify UK stakeholders when the Commission publish their report on the implementation of Article 9 of Directive 89/398/EEC

Amendments to Directive 2006/125/EC, on processed cereal-based foods and baby foods

As noted in my 28th March letter to interested parties, the Commission requested written comments from Member States about the types of amendments which they may like to consider during a review of the Directive on processed cereal-based foods and baby foods. In the light of document SANCO/E4/AVS/ko (2007) D540237, the Agency would like to offer UK stakeholders a further opportunity to submit comments on this topic.

• Please notify the Agency of any changes to Directive 2006/125/EC which should, in your opinion, be considered by the Commission and EU Member States. Please focus comments on the compositional aspects of Directive 2006/125/EC and submit an evidence-based rationale to support any proposals you may wish to make.
• Alternatively, please notify the Agency if you are content with the current provisions of Commission Directive 2006/125/EC.

The Agency will write to stakeholders should we receive further information regarding the Working Group.