Annexes to COM(2017)438 - Exercise of the delegation conferred on the Commission with regard to food intended for infants, young children, food for special medical purposes and diet replacements

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Annex to the Food for Specific Groups Regulation as regards the list of substances that may be added to processed cereal-based food and baby food and to food for special medical purposes 14 .

This delegated act was adopted by the Commission on 10 April 2017 with the objective to update the Union list of substances that may be added to the specific categories of food to authorise the addition of ferrous bisglycinate, as a source of iron to processed cereal-based food and baby food and of calcium phosphoryl oligosaccharides, as a source of calcium to food intended for special medical purposes on the basis of EFSA’s advice 15 , 16 taking into account technical progress, scientific developments and protection of consumers' health.


2.3. On the basis of Article 15(6) of the Regulation a delegation of powers has been granted to add or remove a category of substances to the Annex to the Regulation, in order to take into account technical progress, scientific developments or the protection of consumer's health. So far, the Commission has not yet invoked this legal basis, as the relevant conditions have not applied yet.

3.Conclusion


The Food for Specific Groups Regulation has applied for a period of less than one year and it is not yet applicable in its entirety. So far, the Commission has adopted delegated acts on the specific compositional and information requirements for infant and follow-on formula and as regards requirements on information relating to infant and young child feeding and as regards the specific compositional and information requirements for food for special medical purposes. A delegated act on the specific compositional and information requirements for processed cereal-based food and baby food was objected to by the European Parliament. The delegated act on the specific compositional and information requirements for total diet replacement for weight control was adopted by the Commission on 2 June 2017 and was submitted to the European Parliament and the Council for scrutiny. The delegated act amending the Annex to Regulation (EU) No 609/2013 as regards the list of substances that may be added to processed cereal-based food and baby food and to food for special medical purposes was adopted by the Commission on 10 April 2017.

(1)

OJ L 181, 29.6.2013, p. 35.

(2)

Commission Delegated Regulation (EU) 2016/127 of 25 September 2015 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding, OJ L 25, 2.2.2016, p. 1.

(3)

Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC, OJ L 401, 30.12.2006, p. 1.

(4)

OJ L 304, 22.11.2011, p. 18.

(5)

Except in respect of infant formula and follow-on formula manufactured from protein hydrolysates, to which it shall apply from 22 February 2021.

(6)

Commission Delegated Regulation (EU) …/...of 25.9.2015 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for processed cereal-based food and baby food, C(2015) 6507 final.

(7)

Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children, OJ L 339, 6.12.2006, p. 16.

(8)

P8_TA(2016)0015

(9)

Commission Delegated Regulation (EU) 2016/128 of 25 September 2015 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for food for special medical purposes, OJ L 25, 2.2.2016, p. 30.

(10)

Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes, OJ L 91, 7.4.1999, p. 29.

(11)

Except in respect of food for special medical purposes developed to satisfy the nutritional requirements of infants, to which it shall apply from 22 February 2020.

(12)

Commission Delegated Regulation (EU) …/... of 2.6.2017 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for total diet replacement and weight control, C(2017)3664 final.

(13)

Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction, OJ L 55, 6.3.1996, p. 22.

(14)

Commission Delegated Regulation (EU) 2017/1091 of 10.4.2017 amending the Annex to Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the list of substances that may be added to processed cereal-based food and baby food and to food for special medical purposes, OJ L 158, 21.6.2017, p. 5.

(15)

  EFSA AFC Panel (EFSA Scientific Panel on food additives, flavourings, processing aids and materials in contact with food), Opinion related to Ferrous bisglycinate as a source of iron for use in the manufacturing of foods and in food supplements, The EFSA Journal (2006) 299, 1-17.

(16)

EFSA ANS Panel (EFSA Panel on Food Additives and Nutrient Sources added to Food), 2016, Scientific Opinion on Calcium phosphoryl oligosaccharides (POs-Ca®) as a source of calcium added for nutritional purposes to food, food supplements and foods for special medical purposes, EFSA Journal 2016;14(6):4488.