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)

New notification from Spain to TRIS – Mineral waters and foodstuffs intended for particular nutritional uses

Title :
Draft Royal Decree amending Royal Decree 191/2011, of 18 February, on the general sanitary registry for food companies.

Summary :
The measures of the draft are aimed at companies that produce or sell certain food products, such as natural mineral waters and spring waters and foodstuffs intended for particular nutritional uses.

The goal is to reduce the administrative burdens regarding natural mineral waters, as well as foodstuffs intended for particular nutritional uses, through the removal of the requirement of specific registry, with the consequent elimination of bureaucratic hurdles involved in this. These are simplified by this provision, by only applying the notification procedure for the placement on the market by the entity responsible of the product for the purposes of official control, provided for in Directive 2009/39/EC of the European Parliament and of the Council, of 6 May 2009, related to foodstuffs intended for particular nutritional uses and, in consequence, it also applies for dietary foodstuffs for particular medical uses that can be financed through the national health system.

On the other hand, the option of voluntary registry given until now to companies or establishments situated within the territory of the European Union that operate in Spain is removed.

More details at the following address :
http://ec.europa.eu/enterprise/tris/nview.cfm?p=2013_630_EN_EN