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Question 1 (10 points)

1. What is a ‘health claim’ as defined in the Nutrition and Health Claim Regulation (Regulation 1924/2006)?

Any claim that suggests, implies or states that a relationship exists between a food, food category or one of its constituents and health.

Nutrition claim =

Any claim that suggests, states or implies that a food has particular beneficial nutriotional properties due to :

• The energy it provides
• Nutrients or substances it contains

A claim = any message or representation which is not mandatory under EU or national legislation which states, suggests, or implies that a food has particular characteristics.  

1. The European Commission has the so-called ‘right of initiative’. What is this ‘right’?

The right of (legislative) initiative is the constitutionally defined power to propose a new law (bill). Art 17 of TEU. The commission can make a proposal for a new law

1. The Inquiry Committee of the European Parliament revealed in 1997 various shortcomings of the handling of the BSE crisis by the EU institutions. Please mention the main shortcomings and explain how the EU reacted to them.

• Shortcommings from commission
• More importance to agriculture and industry than protection of human health
• Scientific advise under strong political pressure (not independent)
• Obscure, complex and undemocratic decision making process = no transparency

The concequences→ 

• Reform commission+ create scientific commitees (more independence)
• Treaty reform; creation of general food law
• Creation of precautionary principle
• Formation of efsa

Question 2 (10 points)

1. What does the precautionary principle mean?

The precautionary principle is a strategy for risk management in case of uncertainty.

The PP pertains to uncertain risks that are not fully controllable because the probability of occurrence or the effect in terms of damage cannot be well established, and even the potential danger and relevant causalties may not be established although there are suspicions of danger.

1. What is the legal status of the precautionary principle in EU law?

There is no definition in the treaty

But there is a reference in environmental title of treaty art 191(2). It also now appears in secondary legislation ; GFl 7.1 en 7.2 and GMO regulatory framework.