91999E1456

WRITTEN QUESTION E-1456/99

by David Bowe (PSE) to the Commission

(1 September 1999)

Subject: Functional foods

Can the Commission explain its objections to the new Unilever cholesterol-lowering margarine which was initially approved by the Novel Foods Committee in the Netherlands?

Joint answer to Written Questions E-1455/99, E-1456/99, E-1457/99 and E-1458/99 given by Mr Liikanen on behalf of the Commission

(15 October 1999)

The Commission does not intend to propose new Community provisions for the labelling of so-called functional foods. This category does not currently exist in Community law, and the products concerned are therefore subject to the general provisions of Council Directive 79/112/EEC of 18 December 1978(1) on the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer.

In 1997, Unilever submitted in the Netherlands a request for placing on the Community market a yellow fat spread with added phytosterol-esters, under Regulation (EC) No 258/97 of the Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients(2). Unilever must have considered that its product was not substantially equivalent to the product made in Finland by Raisio, as it did not invoke Article 3(4) of Regulation (EC) No 258/97 which lays down an abbreviated procedure for products which are substantially equivalent to existing foods or food ingredients.

The Commission itself did not formulate objections to the initial assessment report of the Dutch authorities concerning the Unilever product. Reasoned objections were however presented by several Member States; hence an authorisation can only be granted under the procedure laid down in Article 13 of

Regulation (EC) No 258/97. As the objections presented by the Member States related to public health, the Commission consulted the scientific committee for food, in accordance with Article 11 of Regulation (EC) No 258/97. The opinion of the scientific committee for food is currently awaited.

As far as the Raisio product is concerned, the Honourable Member is invited to refer to the answer given by the Commission to written question P-1506/99 by Mr Mulder(3).

(1) OJ L 33, 8.2.1979.

(2) OJ L 43, 14.2.1997.

(3) OJ C 203 E, 18.7.2000, p. 4.