EU Commission report on food intended for sportspeople

The report, published on 15th June 2016, 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’). 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 uses, as of 20 July 2016. This framework was established by a Council Directive 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) between January 2015 and June 2015. 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. 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 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 sportsmen.

Here below, the conclusions:

“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.”

(Source: DG Sante website)

Evaluation and fitness check roadmap of EU consumer law

The Commission published today an evaluation and fitness check roadmap of consumer law.

Plans for a Fitness Check of legal acts related to consumer rights and advertising were first announced in the 2013 REFIT Communication . The Commission Work Programme 2015 included, as one of the REFIT actions in the area of Justice, Consumers and Gender Equality, a Fitness Check of key EU directives in the area of consumer rights and advertising:

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive);

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (Sales and Guarantees Directive);

Directive 93/13/EEC on unfair terms in consumer contracts (Unfair Contract Terms Directive). The above-mentioned directives are part of the body of general EU consumer law. For consistency reasons and to ensure comprehensive evaluation the following Directives should also be subject to the Fitness Check:

Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (Price Indication Directive);

Directive 2006/114/EC concerning misleading and comparative advertising (Misleading and Comparative Advertising Directive);

Directive 2009/22/EC on injunctions for the protection of consumers’ interests (Injunctions Directive). The following Directive will be evaluated separately by the Commission in accordance with its Article 30:

Consumer Rights Directive 2011/83/EU. The outcome of this separate evaluation of the Consumer Rights Directive will feed into the conclusions of the Fitness Check.

There will be several types of consultations during the Fitness Check:

• Online public consultation of 12 weeks in order to provide an opportunity for the public to participate in the evaluation;

• Targeted consultation of representative organisations (Member states authorities, businesses and consumer and industry organisations) – by surveys, interviews and case studies performed by the Commission’s external contractor;

• Targeted online consultation of a representative number of consumers in each Member State performed by the external contractor;

• Case studies with businesses in each Member State, in particular SMEs, performed by the external contractor.

In addition, the Commission will organise 2 events for Member States experts and other stakeholders and will inform and consult them through the existing networks.

The overall aim of the Fitness Check is to analyse the  and EU added value of the policy framed by the directives subject to the Fitness Check. The focus of the Fitness Check will be to assess whether the fundamental objectives of these directives have been efficiently achieved and fully delivered.

In particular, it will assess whether these directives have efficiently achieved consumer protection and market integration objectives. It will analyse whether they have usefully contributed to the Single Market by enhancing consumers trust and confidence as well as by removing unjustified regulatory obstacles hindering cross-border trade in goods and services. As already highlighted in the context of the DSM Strategy and in the preparatory works for the above-mentioned proposal for a Directive on online and other distance sales of goods, the differences between national rules based on the minimum harmonisation nature of the Sales and Guarantees Directive have created Single Market barriers that impede businesses from offering goods across the entire EU and – as a result – consumer detriment.

The Fitness Check should also examine whether these instruments capture and reflect the current market trends and, in particular, changes in the markets and the behaviour of consumers. The questions related to redress will be an important part of the exercise. The Fitness Check should further assess how well these legal instruments fit within the overall Union’s legal landscape, taking into account also its international dimension. The Fitness Check will also explore ways to improve the application of the current EU legal framework.

In addition, the Fitness Check should assess the potential for simplification in the current regulatory framework and the reduction of regulatory costs and burdens while guaranteeing a high level of consumer protection. The directives subject to the Fitness Check have been enacted at different periods of time and regulate specific aspects of consumer rights, whilst at the same time pursuing the same common objectives. The Fitness Check will therefore explore whether and to what extent a potential codification of EU consumer law into a single EU instrument could bring added clarity, remove overlaps, and fill any gaps.

For example, the Fitness Check should analyse the interplay between the information requirements provided in the Unfair Commercial Practices Directive, the Price Indication Directive and the Consumer Rights Directive to see if there is a room for clarification or simplification. The Fitness Check will also assess whether the provisions of the Unfair Contract Terms Directive could be reinforced by, for example specific rules on standard terms that are always prohibited (that already exist in certain Member States which have introduced rules beyond the minimum requirements of the Directive) and whether the current minimum harmonisation nature of this Directive constitutes a barrier to the Single Market. As regards the Sales and Guarantees Directive, the Fitness Check should in particular assess its relevance in promoting more durable products and contributing to a circular economy.

Next to their application in the business-to-consumer (B2C) relations, the Fitness Check will analyse the need and potential for the application of the existing consumer rules also in business-to-business (B2B) transactions, in particular the transactions with the SMEs, by taking account of the B2B rules already laid down in the Misleading and Comparative Advertising Directive, and in transactions between businesses and non-for-profit entities that do not qualify as consumers under the current rules. The Fitness Check will also analyse the issues arising in consumer-to-consumer (C2C) transactions (increasingly relevant due to the rise of the sharing economy) and in consumer-to-business (C2B) relations.

The fitness check should be completed in the second quarter of 2017.