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Document 02006R1924-20141213
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
Consolidated text: 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
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
02006R1924 — EN — 13.12.2014 — 004.001
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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) |
Amended by:
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Official Journal |
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date |
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REGULATION (EC) No 107/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 January 2008 |
L 39 |
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13.2.2008 |
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REGULATION (EC) No 109/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 January 2008 |
L 39 |
14 |
13.2.2008 |
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L 37 |
16 |
10.2.2010 |
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REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 |
L 304 |
18 |
22.11.2011 |
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L 310 |
36 |
9.11.2012 |
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Corrected by:
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
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. National provisions may apply until the eventual adoption of Community measures designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
This Regulation shall also apply in respect of foods intended for supply to restaurants, hospitals, schools, canteens and similar mass caterers.
This Regulation shall apply without prejudice to the following Community provisions:
Directive 89/398/EEC and Directives adopted relating to foodstuffs for particular nutritional uses;
Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters ( 12 );
Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption ( 13 );
Directive 2002/46/EC.
Article 2
Definitions
For the purposes of this Regulation:
the definitions of ‘food’, ‘food business operator’, ‘placing on the market’, and ‘final consumer’ set out in Articles 2, 3(3), 3(8) and 3(18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ( 14 ) shall apply;
the definition of ‘food supplement’ set out in Directive 2002/46/EC shall apply;
the definitions of ‘nutrition labelling’, ‘protein’, ‘carbohydrate’, ‘sugars’, ‘fat’, ‘saturates’, ‘mono-unsaturates’, ‘poly-unsaturates’, ‘fibre’ set out in Directive 90/496/EEC shall apply;
the definition of ‘labelling’ set out in Article 1(3)(a) of Directive 2000/13/EC shall apply.
The following definitions shall also apply:
‘claim’ means any message or representation, which is not mandatory under Community or national legislation, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has particular characteristics;
‘nutrient’ means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in the Annex to Directive 90/496/EEC, and substances which belong to or are components of one of those categories;
‘other substance’ means a substance other than a nutrient that has a nutritional or physiological effect;
‘nutrition claim’ means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to:
the energy (calorific value) it
provides;
provides at a reduced or increased rate; or
does not provide; and/or
the nutrients or other substances it
contains;
contains in reduced or increased proportions; or
does not contain;
‘health claim’ means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health;
‘reduction of disease risk claim’ means any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease;
‘Authority’ means the European Food Safety Authority established by Regulation (EC) No 178/2002.
CHAPTER II
GENERAL PRINCIPLES
Article 3
General principles for all claims
Nutrition and health claims may be used in the labelling, presentation and advertising of foods placed on the market in the Community only if they comply with the provisions of this Regulation.
Without prejudice to Directives 2000/13/EC and 84/450/EEC, the use of nutrition and health claims shall not:
be false, ambiguous or misleading;
give rise to doubt about the safety and/or the nutritional adequacy of other foods;
encourage or condone excess consumption of a food;
state, suggest or imply that a balanced and varied diet cannot provide appropriate quantities of nutrients in general. Derogations in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet, including the conditions for their application, and designed to amend non-essential elements of this Regulation by supplementing it may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3), taking into account the special conditions present in Member States;
refer to changes in bodily functions which could give rise to or exploit fear in the consumer, either textually or through pictorial, graphic or symbolic representations.
Article 4
Conditions for the use of nutrition and health claims
The nutrient profiles for food and/or certain categories of food shall be established taking into account in particular:
the quantities of certain nutrients and other substances contained in the food, such as fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium;
the role and importance of the food (or of categories of food) and the contribution to the diet of the population in general or, as appropriate, of certain risk groups including children;
the overall nutritional composition of the food and the presence of nutrients that have been scientifically recognised as having an effect on health.
The nutrient profiles shall be based on scientific knowledge about diet and nutrition, and their relation to health.
In setting the nutrient profiles, the Commission shall request the Authority to provide within 12 months relevant scientific advice, focusing in particular on:
whether profiles should be set for food in general and/or categories of food;
the choice and balance of nutrients to be taken into account;
the choice of reference quantity/basis for profiles;
the approach to the calculation of the profiles; and
the feasibility and testing of a proposed system.
In setting the nutrient profiles, the Commission shall carry out consultations with interested parties, in particular food business operators and consumer groups.
Nutrient profiles and their conditions of use designed to amend non-essential elements of this Regulation by supplementing it shall be updated to take into account relevant scientific developments in accordance with the regulatory procedure with scrutiny referred to in Article 25(3) and after consultation of interested parties, in particular food business operators and consumer groups.
By way of derogation from paragraph 1, nutrition claims:
referring to the reduction of fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium shall be allowed without reference to a profile for the specific nutrient/s for which the claim is made, provided they comply with the conditions laid down in this Regulation;
shall be allowed, where a single nutrient exceeds the nutrient profile provided that a statement about the specific nutrient appears in close proximity to, on the same side and with the same prominence as the claim. This statement shall read as follows: ‘High ( *1 ) content’.
As far as nutrition claims are concerned, only nutrition claims referring to low alcohol levels, or the reduction of the alcohol content, or the reduction of the energy content for beverages containing more than 1,2 % by volume of alcohol, shall be permitted.
Article 5
General conditions
The use of nutrition and health claims shall only be permitted if the following conditions are fulfilled:
the presence, absence or reduced content in a food or category of food of a nutrient or other substance in respect of which the claim is made has been shown to have a beneficial nutritional or physiological effect, as established by generally accepted scientific evidence;
the nutrient or other substance for which the claim is made:
is contained in the final product in a significant quantity as defined in Community legislation or, where such rules do not exist, in a quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific evidence; or
is not present or is present in a reduced quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific evidence;
where applicable, the nutrient or other substance for which the claim is made is in a form that is available to be used by the body;
the quantity of the product that can reasonably be expected to be consumed provides a significant quantity of the nutrient or other substance to which the claim relates, as defined in Community legislation or, where such rules do not exist, a significant quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific evidence;
compliance with the specific conditions set out in Chapter III or Chapter IV as the case may be.
Article 6
Scientific substantiation for claims
Article 7
Nutrition information
Nutrition labelling of products on which a nutrition and/or health claim is made shall be mandatory, with the exception of generic advertising. The information to be provided shall consist of that specified in Article 30(1) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers ( 15 ). Where a nutrition and/or health claim is made for a nutrient referred to in Article 30(2) of Regulation (EU) No 1169/2011 the amount of that nutrient shall be declared in accordance with Articles 31 to 34 of that Regulation.
The amount(s) of the substance(s) to which a nutrition or health claim relates that does not appear in the nutrition labelling shall be stated in the same field of vision as the nutrition labelling and be expressed in accordance with Articles 31, 32 and 33 of Regulation (EU) No 1169/2011. The units of measurement used to express the amount of the substance shall be appropriate for the individual substances concerned.
In the case of food supplements, the nutrition information shall be provided in accordance with Article 8 of Directive 2002/46/EC.
CHAPTER III
NUTRITION CLAIMS
Article 8
Specific conditions
Article 9
Comparative claims
CHAPTER IV
HEALTH CLAIMS
Article 10
Specific conditions
Health claims shall only be permitted if the following information is included in the labelling, or if no such labelling exists, in the presentation and advertising:
a statement indicating the importance of a varied and balanced diet and a healthy lifestyle;
the quantity of the food and pattern of consumption required to obtain the claimed beneficial effect;
where appropriate, a statement addressed to persons who should avoid using the food; and
an appropriate warning for products that are likely to present a health risk if consumed to excess.
Article 11
National associations of medical, nutrition or dietetic professionals and health-related charities
In the absence of specific Community rules concerning recommendations of or endorsements by national associations of medical, nutrition or dietetic professionals and health-related charities, relevant national rules may apply in compliance with the provisions of the Treaty.
Article 12
Restrictions on the use of certain health claims
The following health claims shall not be allowed:
claims which suggest that health could be affected by not consuming the food;
claims which make reference to the rate or amount of weight loss;
claims which make reference to recommendations of individual doctors or health professionals and other associations not referred to in Article 11.
Article 13
Health claims other than those referring to the reduction of disease risk and to children's development and health
Health claims describing or referring to:
the role of a nutrient or other substance in growth, development and the functions of the body; or
psychological and behavioural functions; or
without prejudice to Directive 96/8/EC, slimming or weight-control or a reduction in the sense of hunger or an increase in the sense of satiety or to the reduction of the available energy from the diet,
which are indicated in the list provided for in paragraph 3 may be made without undergoing the procedures laid down in Articles 15 to 19, if they are:
based on generally accepted scientific evidence; and
well understood by the average consumer.
Article 14
Reduction of disease risk claims and claims referring to children's development and health
Notwithstanding Article 2(1)(b) of Directive 2000/13/EC, the following claims may be made where they have been authorised in accordance with the procedure laid down in Articles 15, 16, 17 and 19 of this Regulation for inclusion in a Community list of such permitted claims together with all the necessary conditions for the use of these claims:
reduction of disease risk claims;
claims referring to children's development and health.
Article 15
Application for authorisation
The application shall be sent to the national competent authority of a Member State.
The national competent authority shall:
acknowledge receipt of an application in writing within 14 days of its receipt. The acknowledgement shall state the date of receipt of the application;
inform without delay the Authority; and
make the application and any supplementary information supplied by the applicant available to the Authority;
The Authority shall:
inform without delay the other Member States and the Commission of the application and shall make the application and any supplementary information supplied by the applicant available to them;
make the summary of the application referred to in paragraph 3(g) available to the public.
The application shall include the following:
the name and address of the applicant;
the nutrient or other substance, or the food or the category of food, in respect of which the health claim is to be made and its particular characteristics;
a copy of the studies, including, where available, independent, peer-reviewed studies, which have been carried out with regard to the health claim and any other material which is available to demonstrate that the health claim complies with the criteria provided for in this Regulation;
where appropriate, an indication of the information which should be regarded as proprietary accompanied by verifiable justification;
a copy of other scientific studies which are relevant to that health claim;
a proposal for the wording of the health claim for which authorisation is sought including, as the case may be, specific conditions for use;
a summary of the application.
Article 16
Opinion of the Authority
In order to prepare its opinion, the Authority shall verify:
that the health claim is substantiated by scientific evidence;
that the wording of the health claim complies with the criteria laid down in this Regulation.
In the event of an opinion in favour of authorising the health claim, the opinion shall include the following particulars:
the name and address of the applicant;
the nutrient or other substance, or the food or the category of food, in respect of which a claim is to be made and its particular characteristics;
a proposal for the wording of the health claim, including, as the case may be, the specific conditions of use;
where applicable, conditions or restrictions of use of the food and/or an additional statement or warning that should accompany the health claim on the label and in advertising.
The applicant or members of the public may make comments to the Commission within 30 days from such publication.
Article 17
Community authorisation
A final decision on the application, designed to amend non essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
However, where at the applicant's request for the protection of proprietary data, the Commission proposes to restrict the use of the claim in favour of the applicant:
a decision on the authorisation of the claim shall be taken in accordance with the regulatory procedure referred to in Article 25(2). In such case, the authorisation, if granted, shall expire after five years;
before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall submit a draft of measures designed to amend non-essential elements of this Regulation by supplementing it for authorisation of the claim without restriction for use which shall be decided on in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 18
Claims referred to in Article 13(5)
The procedure laid down in Article 16(3)(a) and (b), (5) and (6) shall apply mutatis mutandis.
Where the Authority issues an opinion that does not support the inclusion of the claim in the list referred to in paragraph 4, a decision on the application designed to amend non-essential elements of this Regulation by supplementing it shall be taken in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
However, where at the applicant's request for the protection of proprietary data the Commission proposes to restrict the use of the claim in favour of the applicant:
a decision on the authorisation of the claim shall be taken in accordance with the regulatory procedure referred to in Article 25(2). In such case, the authorisation, if granted, shall expire after five years;
before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall submit a draft of measures designed to amend non-essential elements of this Regulation by supplementing it for authorisation of the claim without restriction of use which shall be decided on in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 19
Modification, suspension and revocation of authorisations
It shall forthwith transmit its opinion to the Commission, the Member States and, where relevant, to the original applicant of the claim in question. The Authority, in accordance with Article 38(1) of Regulation (EC) No 178/2002, shall make its opinion public.
The applicant/user or a member of the public may make comments to the Commission within 30 days of such publication.
The Commission shall examine the opinion of the Authority and any comments received as soon as possible. If appropriate, the authorisation shall be modified, suspended or revoked in accordance with the procedures laid down in Articles 17 and 18.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 20
Community Register
The Register shall include the following:
the nutrition claims and the conditions applying to them as set out in the Annex;
restrictions adopted in accordance with Article 4(5);
the authorised health claims and the conditions applying to them provided for in Articles 13(3) and (5), 14(1), 19(2), 21, 24(2) and 28(6) and the national measures referred to in Article 23(3);
a list of rejected health claims and the reasons for their rejection.
Health claims authorised on the basis of proprietary data shall be recorded in a separate Annex to the Register together with the following information:
the date the Commission authorised the health claim and the name of the original applicant that was granted authorisation.
the fact that the Commission authorised the health claim on the basis of proprietary data and restricted use;
in the cases referred to in Article 17(3), second subparagraph, and Article 18(5), second subparagraph, the fact that the health claim is authorised for a limited duration.
Article 21
Data protection
The scientific data and other information in the application required under Article 15(3) may not be used for the benefit of a subsequent applicant for a period of five years from the date of authorisation, unless the subsequent applicant has agreed with the prior applicant that such data and information may be used, where:
the scientific data and other information has been designated as proprietary by the prior applicant at the time the prior application was made; and
the prior applicant had exclusive right of reference to the proprietary data at the time the prior application was made; and
the health claim could not have been authorised without the submission of the proprietary data by the prior applicant.
Article 22
National provisions
Without prejudice to the Treaty, in particular Articles 28 and 30 thereof, Member States may not restrict or forbid trade in or advertising of foods which comply with this Regulation by the application of non-harmonised national provisions governing claims made on certain foods or on foods in general.
Article 23
Notification procedure
If the Commission's opinion is negative, it shall determine, in accordance with the procedure referred to in Article 25(2) and before the expiry of the period referred to in the first subparagraph of this paragraph, whether the envisaged measures may be implemented. The Commission may require certain amendments to be made to the envisaged measures.
Article 24
Safeguard measures
It shall inform the other Member States and the Commission and give reasons for the suspension.
The Commission may initiate this procedure on its own initiative.
Article 25
Committee procedure
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 26
Monitoring
To facilitate efficient monitoring of foods bearing nutrition or health claims, Member States may require the manufacturer or the person placing such foods on the market in their territory to notify the competent authority of that placing on the market by forwarding to it a model of the label used for the product.
Article 27
Evaluation
By 19 January 2013 at the latest, the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation, in particular on the evolution of the market in foods in respect of which nutrition or health claims are made and on the consumers' understanding of claims, together with a proposal for amendments if necessary. The report shall also include an evaluation of the impact of this Regulation on dietary choices and the potential impact on obesity and non-communicable diseases.
Article 28
Transitional measures
Nutrition claims in the form of pictorial, graphic or symbolic representation, complying with the general principles of this Regulation, which are not included in the Annex and are used according to specific conditions and criteria elaborated by national provisions or rules, shall be subject to the following:
Member States shall communicate to the Commission, by 31 January 2008 at the latest, such nutrition claims and the national provisions or rules applicable, accompanied by scientific data in support of such provisions or rules;
the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 25(3), adopt a decision concerning the use of such claims and designed to amend non-essential elements of this Regulation.
Nutrition claims not authorised under this procedure may continue to be used for twelve months following the adoption of the Decision.
►M2 Health claims other than those referred to in Article 13(1)(a) and in Article 14(1)(a), which have been used in compliance with national provisions before the date of entry into force of this Regulation, shall be subject to the following: ◄
health claims which have been the subject of evaluation and authorisation in a Member State shall be authorised as follows:
Member States shall communicate to the Commission, by 31 January 2008 at the latest, such claims accompanied by a report evaluating the scientific data in support of the claim;
after consulting the Authority, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 25(3), adopt a decision concerning the health claims authorised in this way and designed to amend non-essential elements of this Regulation by supplementing it.
Health claims not authorised under this procedure may continue to be used for six months following the adoption of the Decision;
health claims which have not been the subject of evaluation and authorisation in a Member State: such claims may continue to be used provided an application is made pursuant to this Regulation before 19 January 2008; health claims not authorised under this procedure may continue to be used for six months after a decision is taken pursuant to Article 17(3).
Article 29
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Nutrition claims and conditions applying to them
LOW ENERGY
A claim that a food is low in energy, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain more than 40 kcal (170 kJ)/100 g for solids or more than 20 kcal (80 kJ)/100 ml for liquids. For table-top sweeteners the limit of 4 kcal (17 kJ)/portion, with equivalent sweetening properties to 6 g of sucrose (approximately 1 teaspoon of sucrose), applies.
ENERGY-REDUCED
A claim that a food is energy-reduced, and any claim likely to have the same meaning for the consumer, may only be made where the energy value is reduced by at least 30 %, with an indication of the characteristic(s) which make(s) the food reduced in its total energy value.
ENERGY-FREE
A claim that a food is energy-free, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain more than 4 kcal (17 kJ)/100 ml. For table-top sweeteners the limit of 0,4 kcal (1,7 kJ)/portion, with equivalent sweetening properties to 6 g of sucrose (approximately 1 teaspoon of sucrose), applies.
LOW FAT
A claim that a food is low in fat, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 3 g of fat per 100 g for solids or 1,5 g of fat per 100 ml for liquids (1,8 g of fat per 100 ml for semi-skimmed milk).
FAT-FREE
A claim that a food is fat-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,5 g of fat per 100 g or 100 ml. However, claims expressed as ‘X % fat-free’ shall be prohibited.
LOW SATURATED FAT
A claim that a food is low in saturated fat, and any claim likely to have the same meaning for the consumer, may only be made if the sum of saturated fatty acids and trans-fatty acids in the product does not exceed 1,5 g per 100 g for solids or 0,75 g/100 ml for liquids and in either case the sum of saturated fatty acids and trans-fatty acids must not provide more than 10 % of energy.
SATURATED FAT-FREE
A claim that a food does not contain saturated fat, and any claim likely to have the same meaning for the consumer, may only be made where the sum of saturated fat and trans-fatty acids does not exceed 0,1 g of saturated fat per 100 g or 100 ml.
LOW SUGARS
A claim that a food is low in sugars, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 5 g of sugars per 100 g for solids or 2,5 g of sugars per 100 ml for liquids.
SUGARS-FREE
A claim that a food is sugars-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,5 g of sugars per 100 g or 100 ml.
WITH NO ADDED SUGARS
A claim stating that sugars have not been added to a food, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain any added mono- or disaccharides or any other food used for its sweetening properties. If sugars are naturally present in the food, the following indication should also appear on the label: ‘CONTAINS NATURALLY OCCURRING SUGARS’.
LOW SODIUM/SALT
A claim that a food is low in sodium/salt, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,12 g of sodium, or the equivalent value for salt, per 100 g or per 100 ml. For waters, other than natural mineral waters falling within the scope of Directive 80/777/EEC, this value should not exceed 2 mg of sodium per 100 ml.
VERY LOW SODIUM/SALT
A claim that a food is very low in sodium/salt, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,04 g of sodium, or the equivalent value for salt, per 100 g or per 100 ml. This claim shall not be used for natural mineral waters and other waters.
SODIUM-FREE or SALT-FREE
A claim that a food is sodium-free or salt-free, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0,005 g of sodium, or the equivalent value for salt, per 100 g.
NO ADDED SODIUM/SALT
A claim stating that sodium/salt has not been added to a food and any claim likely to have the same meaning for the consumer may only be made where the product does not contain any added sodium/salt or any other ingredient containing added sodium/salt and the product contains no more than 0,12 g sodium, or the equivalent value for salt, per 100 g or 100 ml.
SOURCE OF FIBRE
A claim that a food is a source of fibre, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least 3 g of fibre per 100 g or at least 1,5 g of fibre per 100 kcal.
HIGH FIBRE
A claim that a food is high in fibre, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least 6 g of fibre per 100 g or at least 3 g of fibre per 100 (kcal.
SOURCE OF PROTEIN
A claim that a food is a source of protein, and any claim likely to have the same meaning for the consumer, may only be made where at least 12 % of the energy value of the food is provided by protein.
HIGH PROTEIN
A claim that a food is high in protein, and any claim likely to have the same meaning for the consumer, may only be made where at least 20 % of the energy value of the food is provided by protein.
SOURCE OF [NAME OF VITAMIN/S] AND/OR [NAME OF MINERAL/S]
A claim that a food is a source of vitamins and/or minerals, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least a significant amount as defined in the Annex to Directive 90/496/EEC or an amount provided for by derogations granted according to Article 6 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods ( 16 ).
HIGH [NAME OF VITAMIN/S] AND/OR [NAME OF MINERAL/S]
A claim that a food is high in vitamins and/or minerals, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least twice the value of ‘source of [NAME OF VITAMIN/S] and/or [NAME OF MINERAL/S]’.
CONTAINS [NAME OF THE NUTRIENT OR OTHER SUBSTANCE]
A claim that a food contains a nutrient or another substance, for which specific conditions are not laid down in this Regulation, or any claim likely to have the same meaning for the consumer, may only be made where the product complies with all the applicable provisions of this Regulation, and in particular Article 5. For vitamins and minerals the conditions of the claim ‘source of’ shall apply.
INCREASED [NAME OF THE NUTRIENT]
A claim stating that the content in one or more nutrients, other than vitamins and minerals, has been increased, and any claim likely to have the same meaning for the consumer, may only be made where the product meets the conditions for the claim ‘source of’ and the increase in content is at least 30 % compared to a similar product.
REDUCED [NAME OF THE NUTRIENT]
A claim stating that the content in one or more nutrients has been reduced, and any claim likely to have the same meaning for the consumer, may only be made where the reduction in content is at least 30 % compared to a similar product, except for micronutrients, where a 10 % difference in the reference values as set in Directive 90/496/EEC shall be acceptable, and for sodium, or the equivalent value for salt, where a 25 % difference shall be acceptable.
The claim ‘reduced saturated fat’, and any claim likely to have the same meaning for the consumer, may only be made:
if the sum of saturated fatty acids and of trans-fatty acids in the product bearing the claim is at least 30 % less than the sum of saturated fatty acids and of trans-fatty acids in a similar product; and
if the content in trans-fatty acids in the product bearing the claim is equal to or less than in a similar product.
The claim ‘reduced sugars’, and any claim likely to have the same meaning for the consumer, may only be made if the amount of energy of the product bearing the claim is equal to or less than the amount of energy in a similar product.
LIGHT/LITE
A claim stating that a product is ‘light’ or ‘lite’, and any claim likely to have the same meaning for the consumer, shall follow the same conditions as those set for the term ‘reduced’; the claim shall also be accompanied by an indication of the characteristic(s) which make(s) the food ‘light’ or ‘lite’.
NATURALLY/NATURAL
Where a food naturally meets the condition(s) laid down in this Annex for the use of a nutritional claim, the term ‘naturally/natural’ may be used as a prefix to the claim.
SOURCE OF OMEGA-3 FATTY ACIDS
A claim that a food is a source of omega-3 fatty acids, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least 0,3 g alpha-linolenic acid per 100 g and per 100 kcal, or at least 40 mg of the sum of eicosapentaenoic acid and docosahexaenoic acid per 100 g and per 100 kcal.
HIGH OMEGA-3 FATTY ACIDS
A claim that a food is high in omega-3 fatty acids, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least 0,6 g alpha-linolenic acid per 100 g and per 100 kcal, or at least 80 mg of the sum of eicosapentaenoic acid and docosahexaenoic acid per 100 g and per 100 kcal.
HIGH MONOUNSATURATED FAT
A claim that a food is high in monounsaturated fat, and any claim likely to have the same meaning for the consumer, may only be made where at least 45 % of the fatty acids present in the product derive from monounsaturated fat under the condition that monounsaturated fat provides more than 20 % of energy of the product.
HIGH POLYUNSATURATED FAT
A claim that a food is high in polyunsaturated fat, and any claim likely to have the same meaning for the consumer, may only be made where at least 45 % of the fatty acids present in the product derive from polyunsaturated fat under the condition that polyunsaturated fat provides more than 20 % of energy of the product.
HIGH UNSATURATED FAT
A claim that a food is high in unsaturated fat, and any claim likely to have the same meaning for the consumer may only be made where at least 70 % of the fatty acids present in the product derive from unsaturated fat under the condition that unsaturated fat provides more than 20 % of energy of the product.
( 1 ) OJ C 110, 30.4.2004, p. 18.
( 2 ) Opinion of the European Parliament of 26 May 2005 (OJ C 117 E, 18.5.2006, p. 187), Council common position of 8 December 2005 (OJ C 80 E, 4.4.2006, p. 43) and Position of the European Parliament of 16 May 2006 (not yet published in the Official Journal). Council Decision of 12 October 2006.
( 3 ) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).
( 4 ) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.
( 5 ) OJ L 316, 9.12.1994, p. 2.
( 6 ) OJ L 183, 12.7.2002, p. 51. Directive as amended by Commission Directive 2006/37/EC (OJ L 94, 1.4.2006, p. 32).
( 7 ) OJ L 250, 19.9.1984, p. 17. Directive as last amended by Directive 2005/29/EC of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
( 8 ) OJ L 276, 6.10.1990, p. 40. Directive as last amended by Commission Directive 2003/120/EC (OJ L 333, 20.12.2003, p. 51).
( 9 ) OJ L 186, 30.6.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
( 10 ) OJ L 55, 6.3.1996, p. 22.
( 11 ) OJ L 184, 17.7.1999, p. 23.
( 12 ) OJ L 229, 30.8.1980, p. 1. Directive as last amended by Regulation (EC) No 1882/2003.
( 13 ) OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC) No 1882/2003.
( 14 ) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).
( *1 ) The name of the nutrient exceeding the nutrient profile.
( 15 ) OJ L 304, 22.11.2011, p. 18.
( 16 ) OJ L 404, 30.12.2006, p. 26.