Source: European Parliament
Regulation (EU) 609/2013[1] regulates some categories of food that constitute a partial or sole source of nourishment for certain population groups and that are vital for the management of certain conditions and/or are essential to satisfy the nutritional requirements of certain clearly identified vulnerable population groups.
Article 12 of that regulation requires the Commission to analyse in a report, after consulting the European Food Safety Authority (EFSA), the necessity of special provisions for milk-based drinks and similar products intended for young children (young-child formulae).
The 2016 Report[2] concludes that there is no need for specific rules for these foods as the correct and complete application of existing measures of EU food law seems sufficient to adequately regulate the composition of and the communication on the characteristics of the products.
In particular, the report notes that there is no reported safety issue with regard to young-child formulae and refers to EFSA’s opinion[3] whereby these products have ‘no unique role’ and ‘cannot be considered as a necessity to satisfy the nutritional requirements of young children’ when compared to other foods that may be included in their normal diet.
The Commission is aware of the revised Codex Alimentarius standard[4], which did not change its position on the opportunity to regulate at EU level young-child formulae.
Its Preamble clarifies that ‘The application of the standard should be consistent with national/regional health and nutrition policies and relevant national/regional legislation (…).’
In light of the Better Regulation principles and the rules on the internal market, the Commission does not intend to propose the adoption of specific rules on young-child formulae.
- [1] Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009, OJ L 181, 29.6.2013, p. 35.
- [2] Report from the Commission to the European Parliament and the Council on young child formulae, COM(2016) 169 final.
- [3] Scientific Opinion on nutrient requirements and dietary intakes of infants and young children in the European Union, https://www.efsa.europa.eu/en/efsajournal/pub/3408.
- [4] Codex Standard for Follow-Up Formula for Older Infants and Product for Young Children: CXS 156-1987, https://www.fao.org/fao-who-codexalimentarius/sh-proxy/es/?lnk=1&url=https%253A%252F%252Fworkspace.fao.org%252Fsites%252Fcodex%252FStandards%252FCXS%2B156-1987%252FCXS_156e.pdf.