MEPs flex their muscles on EU food regulation

MEPs have joined forces with EU national governments to oppose plans by the European Commission to give food companies two years to adapt to new rules on health and nutritional claims aimed at children.

The Parliament is exploiting increased powers of scrutiny over the detail of EU legislation, which could have knock-on implications for other contentious technical legislation, including REACH, the chemicals regulation.

The Council of Ministers, the Commission and the European Parliament have been working on revising the regulation on health and nutrition claims for foodstuffs to bring it into line with new rules giving MEPs greater powers to scrutinise the implementation of EU law.

Representatives of the three institutions are close to a compromise on the Parliament’s rights to examine the procedure for approving claims made by food companies. Member states’ ambassadors to the EU are expected to agree today (4 April) that MEPs would not be given the right to scrutinise rules for approving health claims made by food companies based on private data obtained by the companies themselves. But MEPs will be able to examine, and possibly reject, the rules for approving claims made using public data.

MEPs and member states’ representatives are both opposing the Commission’s plans to give food companies two years to bring their claims on foodstuffs aimed at children into line with new rules. They insist that the period for companies to adjust their claims should be only six months.

A European Parliament source said that MEPs were planning to propose around 40 amendments to a report on changes to the regulation proposed by the Commission. The report has been drafted by Italian Alleanza Nazionale MEP Adriana Poli Bortone. The amendments would reflect the difference of opinion on the transition period for food claims aimed at children.

The Parliament source said that the deadline for amendments was 18 April in the hope of getting the revised regulation approved at the plenary session starting on 23 April.

MEPs have gained influence over the legislation, which was originally agreed in 2006, and a raft of other existing laws, because of changes in the so-called comitology procedure in June last year. Comitology describes the rules governing the many specialist committees, made up of member states’ representatives and chaired by the Commission, which deal with the technical implementing legislation needed to put into force the broader principles of EU legislation.

Last June MEPs won a long battle to win equal rights with the Council which, unlike the Parliament, traditionally had the right to reject proposals from the Commission. Under the new comitology rules, an absolute majority of MEPs can veto a decision approved by a regulatory committee up to three months afterwards.

MEPs have waged a campaign for greater scrutiny rights over the comitology procedure, arguing that the committees were acting without democratic oversight.

Industry representatives and lobbyists have been watching the negotiations carefully to see what precedent is being set for new powers that MEPs might win through exploiting the new comitology rules.

MEPs have joined forces with EU national governments to oppose plans by the European Commission to give food companies two years to adapt to new rules on health and nutritional claims aimed at children.