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)

Fisheries: European Commission proposes full ban on driftnets

The European Commission wants to prohibit the use of any kind of driftnets for fishing in all EU waters as of 1 January 2015.

Although rules are already in place to forbid using driftnets to catch certain migratory fishes, the practice continues to be a cause of concern due to the incidental catching of marine mammals, sea turtles and sea birds which are mostly protected under EU legislation. To fight circumvention, the Commission proposal includes a full ban of driftnets fishing in the EU as well as the prohibition of keeping driftnets on board of fishing vessels. Furthermore, to avoid ambiguity, the proposal refines the current definition of a driftnet.

European Commissioner for Maritime Affairs and Fisheries, Maria Damanaki, said: “Fishing with driftnets destroys marine habitats, endangers marine wildlife and threatens sustainable fisheries. I am convinced that the only way to eradicate this once and for all is to have clear rules which leave no room for interpretation. We need to close any possible loopholes and simplify control and enforcement by national authorities. This will in the end also save the livelihood of those fishermen which have applied the rules over the past years. The ban sends out a clear message that we no longer tolerate any irresponsible practices.” 

Driftnets are fishing nets that can drift and operate close to or at the sea surface to target fish species that swim in the upper part of the water column. Since 2002 all driftnets, no matter their size, have been prohibited in EU waters when intended for the capture of highly migratory species such as tuna and swordfish.

However, the current EU legislative framework has shown weaknesses and loopholes. The small-scale nature of the fishing vessels involved and the fact that they do not operate together in the same areas has made it easier to escape monitoring, control and proper enforcement.

Illegal driftnet activities carried out by EU fishing vessels continue to be reported and have been cause of criticism regarding the Union compliance with applicable international obligations.

Banning driftnets responds to the new Common Fisheries Policy’s goal to minimise the impact of fishing activities on the marine ecosystems and to reduce unwanted catches as much as possible. Depending on Member States’ priorities, the European Maritime
Fisheries Fund (EMFF) could be used to support the transition towards a total ban provided that specific conditions are fulfilled.

Background

Following specific United Nations General Assembly (UNGA) Resolutions, which called for a moratorium on the “large-scale pelagic driftnets” (i.e. longer than 2.5 km), the EU developed in the 1990s a series of provisions to implement such a ban for large-scale
driftnets.

The current EU legal framework on driftnets fishing entered fully into force on 1 January 2002. It bans the use of all driftnets, no matter their size, in EU waters when intended for the capture of highly migratory species such as tuna and swordfish.
In the Baltic Sea, the use of driftnets and the keeping on board of any kind of driftnets has been fully banned since 1 January 2008
Despite this entire regulatory framework in place, the rules have not been fully respected.

In April 2013, the Commission therefore published a Roadmap concerning a review of the EU regime on driftnet fisheries and launched two studies1, as well as a public consultation (closed in September 2013) on small-scale driftnet fisheries in order to get an overview of the sector, to assess the impact of driftnets on prohibited and protected species and to decide whether and how to review the implementation of EU rules on the small-scale driftnet fisheries.

Here is the link to the legislative proposal: COM 2014:265

Roadmap (April 2013)

(Source: DG Mare)