Introduction

Please read this note carefully before you proceed to the questions and data collection.

This online consultation and data collection takes place in the framework of a study launched by the European Commission to support the evaluation of Regulation (EC) No 1924/2006 on nutrition and health claims made on food (the NHC Regulation) with regard to the following provisions:

1. Nutrient profiles for determining whether products high in certain nutrients (in particular, salt, sugar and fat) can bear claims; and,
2. Claims made on plants and their preparations, as well as the general regulatory framework for their use in foods.

The study, which was commissioned to the Food Chain Evaluation Consortium (FCEC) in May 2016, is being carried out by Agra CEAS Consulting in association with Areté.

Following the Better Regulation Communication of 19 May 20151 the Commission announced that, as part of its REFIT programme, it will carry out an evaluation of the NHC Regulation with regard to the above aspects. It is noted that both of the aspects under study have not to date been applied as foreseen in the NHC Regulation.  

Thus, the purpose of the study is to provide an evidence base to feed into the Commission’s evaluation by assessing whether nutrient profiles and health claims on plants and their preparations and the more general regulatory framework for their use in food can be considered “fit for purpose”. In particular, it aims to analyse the current situation, effectiveness, efficiency, relevance coherence, and EU added value of the legislative framework introduced by the NHC Regulation. The analysis places the implementation of the above provisions in the context of developments with other relevant legislation, as well as non-legislative initiatives, which are further detailed in the background to each section of this questionnaire. 

As outlined in the Advisory Group Working Group meeting of 21 June, the FCEC team has developed a detailed list of questions addressed to stakeholder organisations, with a view to collecting relevant information and data to feed into the FCEC analysis which is due to be presented in its final report to the European Commission in autumn 2017.

Please note that the survey is being disseminated through multiple channels; if you have received this survey link through different sources, you only need to fill it once. This questionnaire is addressed to organisations representing stakeholders, including consumers, food business operators (FBOs), other business operators and public health interest groups, whether set up at EU or national level. If you are an umbrella organisation, whether set up at EU or national level, you are welcome to disseminate the link to the online survey to your member organisations and encourage them to respond. The issues raised by this questionnaire are relevant both at the level of individual Member States and across the EU-28.

It is noted that this on-line survey is open only to associations, not individual companies. Individuals with an interest in this policy area will have the opportunity to contribute to this study through other consultation tools specifically targeted to them, in particular the SME panel (for small and medium size private operators), and open public consultation (addressed to the wider public).

The aim of this survey is to consult your organisation and collect specific information and data on the implications of the various issues considered in the study. This questionnaire is composed of two sections corresponding to the two subjects covered by this study. Please select and complete the section that is relevant for your organisation, or complete both if your organisation is affected by issues examined under both subjects.
We invite you to read the background to each section, before proceeding to the examination of the various issues raised in this questionnaire. Further comprehensive description of the various themes of the study is provided in the Terms of Reference (ToR), which you can find here:
http://ec.europa.eu/food/safety/labelling_nutrition/claims/refit_en

Please note that the following abbreviations are used in this questionnaire:
-  CA/s: Competent Authority/ies
-  EU: European Union
-  FBO/s: Food Business Operator/s
-  FIC Regulation: Regulation (EC) No 1169/2011 on food information to consumers
-  MS/s: Member State/s
-  NHC Regulation: Regulation (EC) No 1924/2006 on nutrition and health claims made on food
-  SME/s: small-medium enterprise/s
-  ToR: Terms of Reference (of the study)

The study covers any sector/product falling into the definition of food (Article 2 of the General Food Law Regulation (EC) No 178/2002), in particular pre-packed products.

Please provide the most recent studies/data that you have at your disposal. This is important to ensure that the results and findings, on which our conclusions will be based, derive from the most up-to-date data.

The information you provide will be treated on a strictly confidential basis. All data collected through the survey will be used by the FCEC for statistical analysis of the impacts related to the examined issues under study only. 
A privacy statement regarding data protection can be found in: 
http://ec.europa.eu/food/safety/labelling_nutrition/claims/refit_en


WARNING: Filling in this questionnaire online needs to be performed in a continuous session (otherwise there is risk of losing data). Therefore, we strongly recommend that you fill in the questionnaire only after all replies are ready so that you can complete it in one session.

To facilitate your response, we have also provided a PDF version of this questionnaire to use in your consultation with the relevant services/departments within your organisation or other relevant organisations, prior to filling in the on-line questionnaire. Please note that your response to this questionnaire needs to be submitted online (PDF versions of the questionnaire will not be accepted).
This questionnaire is available in English.

If you have any additional documents, reports and other data that you wish to submit for consideration in this study, please send by e-mail at: health.claims@ceasc.com

You can reply to this survey by 17 February 2017.


THE FCEC THANKS YOU IN ADVANCE FOR YOUR COOPERATION



If you have any questions on this questionnaire or need any further clarifications of the issues raised and/or the consultation process, please contact us by e-mail at:
health.claims@ceasc.com


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1COM(2015) 215 final. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Better regulation for better results - An EU agenda.
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