Annexes to COM(2020)207 - Regarding the use of additional forms of expression and presentation of the nutrition declaration

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Annex V of Regulation No 1169/2011
(3) COM(2008) 40 final, Article 34
(4)

     Weight problems and obesity are increasing at a rapid rate in most of the EU Member States, with estimates of 51.6 % of the EU’s population (18 and over) overweight in 2014. Obesity is a serious public health problem, as it significantly increases the risk of chronic diseases such as cardiovascular disease, type-2 diabetes and certain cancers ( https://ec.europa.eu/eurostat/statistics-explained/index.php/ Overweight_and_obesity_-_BMI_statistics). More generally, it is estimated that in the European Union, over 950,000 deaths and over 16 million years of life lost are attributable to dietary risks due to unhealthy diets (https://ec.europa.eu/jrc/en/health-knowledge-gateway/societal-impacts/burden).

(5) EU Member States are taking various approaches (e.g. reformulation agreements, marketing restrictions of foods high in fat, salt and sugar, public procurement of healthy food, taxing sugary drinks) as part of their strategies on health promotion and disease prevention. The European Commission is supporting Member States in actions on healthy lifestyles and healthy eating through the implementation of the 2007 EU Strategy on Nutrition, Overweight and Obesity-related Health Issues , the 2011 EU Framework for National Initiatives on Selected Nutrients (a 2008 reformulation framework had been agreed to reduce salt) and the EU Action Plan on Childhood Obesity 2014-2020. Promoting healthy lifestyles will help the Member States to reach the Sustainable Development Goals by 2030 and the WHO targets on non-communicable diseases by 2025. ( https://ec.europa.eu/health/sites/health/files/nutrition_physical_activity/docs/2019_initiatives_npa_en.pdf )
(6) A nutrition claim states or suggests that a food has beneficial nutritional properties due to the energy the food provides, the nutrients and other substances the food contains or does not contain (Article 2(2)(4) of Regulation (EC) No 1924/2006 )
(7) Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, OJ L 404, 30.12.2006, p.9.
(8) https://www.who.int/nutrition/topics/profiling/en/
(9) The United Kingdom withdrew from the European Union and became a third country as of 1 February 2020.
(10) Information provided by the Finnish Ministry of Agriculture (February 2017)
(11) Information provided by the Slovenian Ministry of Agriculture, Forestry and Food (February 2017)
(12) Information provided by the Croatian Ministry of Health (February 2017)
(13) https://www.hzjz.hr/wp-content/uploads/2015/06/Healthy-Living-Food-criteria.pdf
(14) https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/sanidad/Paginas/2018/121118- premiosnaos.aspx
(15) https://www.rijksoverheid.nl/actueel/nieuws/2019/11/28/nutri-score-wordt-na-aanpassing-het-voedselkeuzelogo-voor-nederland
(16)

      https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2020/02-fevrier/12-lenert-bilan.html

(17) Reference intakes (RIs) for energy and nutrients are maximum recommended daily intakes
(18)

     Guide to creating a front of pack (FoP) nutrition label for pre-packed products sold through retail outlet (last updated on 8 November 2016), available at https://www.gov.uk/government/publications/front-of-pack-nutrition-labelling-guidance

(19) Understanding the label. In: Reference Intakes [website], FoodDrinkEurope ( https://referenceintakes.eu/understanding-label.html )
(20) Presentation six companies at EU Platform for action on diet and health, 30 November 2017, available at https://ec.europa.eu/health/sites/health/files/nutrition_physical_activity/docs/ev_20171130_co03_en.pdf.
(21) Communication Staatscourant Vinkje, 27 October 2017 (available at https://www.row-minvws.nl/documenten/vergaderstukken/2017/10/27/mededeling-staatscourant-vinkje-row-del-27-oktober-2017 )
(22) Preliminary Regulatory Impact Analysis Report on Nutrition Labeling, ANVISA (Brazil), May 2018
(23) Global Update on Nutrition Labelling - The 2018 edition, EUFIC, July 2018
(24)

   'Draft Food Safety and Standards (Labelling and Display) Regulations, 2019', notified to the WTO Committee on Technical Barriers to Trade on 7 July 2019

(25) Codex Guidelines on nutrition labelling CAC/GL 2-1985, last revised in 2017
(26) Codex Alimentarius Commission, Report of the forty-fourth session of the Codex Committee on Food Labelling (REP18/FL), Paraguay, 16-20 October 2017
(27) The 45th Session of the Codex Committee on Food Labelling was held in May 2019.
(28) Consumentenbond, Consumer research on food choice logo's, April 2018, available at https://www.consumentenbond.nl/binaries/content/assets/cbhippowebsite/landingspaginas/acties/weet-wat-je-eet/consumentenonderzoek-voedselkeuzelogos-nl.pdf
(29) Lebensmittelmarkt und Ernährungspolitik 2018, University Göttingen in cooperation with Zühlsdorf+Partner, January 2018 (Positive replies to question 'I find traffic light color-labelling on the front of packs helpful')
(30)

     Based on a meta-analysis of several experimental and real-life studies, Cecchini & Warin (2016) computed that FOP labelling would increase the number of people choosing a healthier food option by about 18% on average (ranging from 11% to 29% depending on the scheme).

(31) FOP-ICE study (Front-Of-Pack International Comparative Experimental) conducted by a scientific consortium from Paris 13 University (France) and Curtin University (Australia). Nationally representative samples recruited in Argentina, Australia, Bulgaria, Canada, Denmark, France, Germany, Mexico, Singapore, Spain, USA, and UK.
(32) Nutri-Score, traffic light label, Health Star Rating, Warning symbol and Reference Intakes label
(33) Ended in 2014
(34)

     Transfatty acids in Europe: where do we stand?, JRC Science and Policy Report, 2014

(35) This can for example be the case for some agricultural products or foodstuffs which have been granted with a ‘Geographical Indication’ under European Union law (geographical indication includes protected geographical indication (PGI) and protected designation of origin (PDO), two quality schemes protecting the name of products which come from a specific region and follow a particular production process laid down in the product specifications).
(36) Case studies on Keyhole, Choices programme, UK FOP scheme and Nutri-Score conducted by external contractor in the context of the Evaluation of Regulation (EC) No 1924/2006
(37) According to the settled case-law, an ‘obstacle’ is to be understood as those trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-EU trade.
(38) Articles 34-35 of the Treaty on the Functioning of the European Union provide that national measures capable of hindering intra-EU trade are prohibited.
(39)

     Council conclusions to contribute towards halting the rise in Childhood Overweight and Obesity (2017), OJ OJ C205, 29.6.2017, p. 46–52

(40) Council conclusions on Healthy nutrition for children (2018), OJ C232, 03.07.2018, p. 1-8 .
(41) Opinion of the European Committee of the Regions on local and regional incentives to promote healthy and sustainable diets (2018), OJ C387, 25.10.2018, p. 21-26.
(42) Summary of the meetings of 23 April, 22 June and 22 October 2018 available at https://ec.europa.eu/food/expert-groups/ag-ap/adv-grp_fchaph/wg_2018_en
(43)

     EU Action Plan on Childhood Obesity 2014-2020. Brussels: European Commission, updated July 2014. Available at https://ec.europa.eu/health/sites/health/files/nutrition_physical_activity/docs/childhoodobesity_actionplan_2014_2020_en.pdf

(44) https://www.beuc.eu/publications/beuc-x-2017-141_the_time_is_ripe_for_simplified_front-of-pack_labelling_statement.pdf
(45) and http://www.beuc.eu/publications/new-european-commission-%E2%80%93-what-consumers-expect-over-next-five-years/html
(46) Information provided by EFAD on 14 June 2018
(47) Summary of results for the consultation document on:“Labelling: competitiveness, consumer information and better regulation for the EU”, European Commission, December 2006 (https://ec.europa.eu/food/sites/food/files/safety/docs/labelling-nutrition_better-reg_cons-summary.pdf)
(48) Information provided by Copa-Cogeca on 6 July 2018
(49) https://europa.eu/citizens-initiative/home_en
(50) Withdrawn in April 2020
(51) http://www.who.int/end-childhood-obesity/en/
(52) https://www.who.int/nutrition/publications/policies/guidingprinciples-labelling-promoting-healthydiet/en/
(53) What is the evidence on the policy specifications, development processes and effectiveness of existing front-of-pack food labelling policies in the WHO European Region? Copenhagen: WHO Regional Office for Europe; Kelly B., Jewell J., 2018 (Health Evidence Network (HEN) synthesis report 61).
(54) www.oecd.org/health/obesity-update.htm
(55) SWD(2020) 95
(56) https://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal_en
(57) COM(2020) 381