Regulation 2012/432 - List of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health

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1.

Current status

This regulation has been published on May 25, 2012 and entered into force on June 14, 2012.

2.

Key information

official title

Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health Text with EEA relevance
 
Legal instrument Regulation
Number legal act Regulation 2012/432
CELEX number i 32012R0432

3.

Key dates

Document 16-05-2012
Publication in Official Journal 25-05-2012; OJ L 136, 25.5.2012,Special edition in Croatian: Chapter 13 Volume 043
Effect 14-06-2012; Entry into force Date pub. +20 See Art 2
14-12-2012; Application See Art 2
End of validity 31-12-9999

4.

Legislative text

25.5.2012   

EN

Official Journal of the European Union

L 136/1

 

COMMISSION REGULATION (EU) No 432/2012

of 16 May 2012

establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 13(3) thereof,

Whereas:

 

(1)

Pursuant to Article 10(1) of Regulation (EC) No 1924/2006, health claims made on foods are prohibited unless they are authorised by the Commission in accordance with that Regulation and included in a list of permitted claims.

 

(2)

Article 13(2) of Regulation (EC) No 1924/2006 provides that Member States shall submit national lists of health claims made on foods, as referred to in Article 13(1) of that Regulation to the Commission, by 31 January 2008 at the latest. The national lists of claims must be accompanied by the conditions applying to them and by references to the relevant scientific justification.

 

(3)

Article 13(3) of Regulation (EC) No 1924/2006 provides that, after consulting the European Food Safety Authority (hereinafter referred to as ‘the Authority’), the Commission shall adopt a list of permitted health claims made on foods, as referred to in Article 13(1) of that Regulation, and all necessary conditions for the use of those claims by 31 January 2010 at the latest.

 

(4)

On 31 January 2008 the Commission received lists with more than 44 000 health claims from the Member States. An examination of the national lists showed that due to many duplications and following discussions with Member States, it was necessary to compile the national lists into a consolidated list of the claims for which the Authority should give scientific advice, hereinafter referred to as the ‘consolidated list’ (2).

 

(5)

On 24 July 2008, the Commission formally transmitted to the Authority the request for a scientific opinion pursuant to Article 13(3) of Regulation (EC) No 1924/2006, together with terms of reference and a first part of the consolidated list. Subsequent parts of the consolidated list were transmitted in November and December 2008. The consolidated list was finalised by the Commission by an addendum, which was forwarded to the Authority on 12 March 2010. Some claims in the consolidated list were subsequently withdrawn by Member States before their evaluation by the Authority. The scientific evaluation by the Authority concluded in the publication of its opinions between October 2009 and July 2011 (3).

 

(6)

In its evaluation the Authority found that some submissions covered different claimed effects or brought together the same claimed effect. Therefore, a health claim considered in this Regulation may represent one or more of the entries on the consolidated list.

 

(7)

For a number of health claims the Authority concluded that, on the basis of the data submitted, a cause and effect relationship has been established between a food category, a food or one of its constituents and the claimed effect. Health claims corresponding to those conclusions and complying with the requirements of Regulation (EC) No 1924/2006 should be authorised under Article 13(3) of Regulation (EC) No 1924/2006, and included in a list of permitted claims.

 

(8)

Article 13(3) of Regulation (EC) No 1924/2006 provides that permitted health claims must be accompanied with all necessary conditions (including restrictions) for their use. Accordingly, the list of permitted claims should include the wording of the claims and...


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This text has been adopted from EUR-Lex.

 

5.

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