Notification Detail | TRIS - European Commission

Decree on the use of certain designations used to describe foods containing vegetable proteins

Notification Number:

2023/0510/FR (France)

Date received:

23/08/2023

End of Standstill:

24/11/2023 (closed)

Issue of comments by:

Denmark

European Commission

Hungary

Sweden

Draft Text:

FR BG HR CS DA NL EN ET FI GA DE EL HU IT LV LT MT PL PT RO SK SL ES SV

Final Text:

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Message

Message 001

Communication from the Commission - TRIS/(2023) 2466

Directive (EU) 2015/1535

Notification: 2023/0510/FR

Notification of a draft text from a Member State

Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt

Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna

MSG: 20232466.EN

1. MSG 001 IND 2023 0510 FR EN 23-08-2023 FR NOTIF

2. France

3A. Ministères économiques et financiers
Direction générale des entreprises
SQUALPI
Bât. Sieyès -Teledoc 151
61, Bd Vincent Auriol
75703 PARIS Cedex 13

3B. Ministère de l'agriculture et de la souveraineté alimentaire
Direction générale de la performance économique et environnementale des entreprises
Sous-direction Filières Agroalimentaires - bureau des viandes et productions agricoles spécialisées
MASA - DGPE/SDFE/SDFA/BVPAS
3, rue Barbet de Jouy
75349 PARIS 07 SP

4. 2023/0510/FR - C00A - Agriculture, fishing and foodstuffs

5. Decree on the use of certain designations used to describe foods containing vegetable proteins

6. Foodstuffs produced in France containing vegetable proteins.

7.
Regulation (EU) No 1169/2011 on the provision of food information to consumers: Articles 40, 43, 44 and 45
The provisions of the draft decree concerned by the declaration under Regulation No 1169/2011 are as follows:
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Annex I
- Annex II

8. The draft decree regulates the use of designations traditionally designating foodstuffs of animal origin for the description, marketing or promotion of foods based on vegetable proteins produced and marketed in France.
The foods covered by the draft decree are those incorporating vegetable proteins. The draft decree sets out the list of terms whose use is prohibited for the designation of foodstuffs containing vegetable proteins (Annex 1) and the list of terms authorised for the designation of foodstuffs of animal origin which may contain plant proteins and the maximum proportion of vegetable proteins that may be contained in the foodstuffs for which these terms are used (Annex 2).
The foodstuffs covered by the draft decree are those incorporating vegetable proteins or ingredients of non-animal origin containing proteins.
Finally, the text provides for penalties in case of infringement of its provisions.
application of Article L. 412-10 of the Consumer Code

9. The French Government is attentive to questions relating to consumer information on foodstuffs. In order to strengthen the protection of consumers against the use of inappropriate terms to designate foodstuffs, this draft decree, drawn up in close consultation with the relevant sectors, regulates the use of certain names for foods containing vegetable proteins.

10. References to reference texts: There are no reference texts

11. No

12.

13. No

14. No

15. No

16.
TBT aspects: No

SPS aspects: No

**********
European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu

Disclosed messages

message-id	Year	Number	Country	Type	Title	Date received	Is answer to
105828	2023	3020	ESSpain	101	Request for supplementary information	31-10-2023
106100	2023	3274	DKDenmark	103	Comments	22-11-2023
106129	2023	3303	HUHungary	103	Comments	24-11-2023
107706	2024	0886	FRFrance	201	Answer of the notifying Member State	28-03-2024	2023-3294
107710	2024	0890	COMEuropean Commission	049	Acknowledgement of receipt of the adopted text	28-03-2024

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BEUC response to TRIS Notification 2023/0510/FR
Decree on the use of certain designations used to describe foods containing vegetable proteins

BEUC welcomes the opportunity to provide comments on France’s draft law on the provisions related to the use of certain denominations to designate food stuffs containing plant proteins.

There is growing awareness among consumers about the detrimental environmental and human health impacts associated with intensive livestock production and consumption. The IPCC highlighted that there is significant potential mitigation (high confidence) arising from the adoption of diets in line with dietary recommendations, typically diets higher in plant-based foods (1).

Most European consumers are willing to change their eating habits for the environment, such as reducing meat consumption. Yet for this to happen, a range of attractive, affordable, and convenient alternative sources of proteins must be available to them. We are concerned that the Italian draft law risks undermining the development of such alternative products.

A survey of consumers on attitudes to sustainable food BEUC conducted 2019 found that most consumers do not appear to be concerned about the naming of veggie ‘burgers’ or ‘sausages’, as long as the products are clearly identifiable as vegetarian/vegan. On average, only 1 in 5 European consumers (20.4%) think the use of ‘meaty’ names should never be allowed on vegetarian/vegan products. Most respondents (42.4%) believe these names should be permitted provided that the products are clearly labelled as vegetarian/vegan, and 1 in 4 (26.2%) do not see any problem at all with using such names (11% have no opinion).

As the Farm to Fork Strategy underlines, European consumers need to move to “a more plant-based diet with less red and processed meat”. The attractiveness of alternative protein sources depends on them being easily identifiable by consumers.

The new text would repeal the initial proposed Decree No 2022-947 of 29 June 2022 that has been referred by the French Council of State to the Court of Justice of the European Union (case C- 438/23) for interpretation and legal clarification in July 2023. The ruling is expected to clarify whether Members States can introduce their own restrictions on the denomination of plant-based products or whether EU-level harmonisation prevents them from doing so. Member States should refrain from introducing new rules in this area until the ruling has been issued.

(1) IPCC, 2019: Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems [P.R. Shukla, J. Skea, E. Calvo Buendia, V. Masson-Delmotte, H.-O. Pörtner, D. C. Roberts, P. Zhai, R. Slade, S. Connors, R. van Diemen, M. Ferrat, E. Haughey, S. Luz, S. Neogi, M. Pathak, J. Petzold, J. Portugal Pereira, P. Vyas, E. Huntley, K. Kissick, M. Belkacemi, J. Malley, (eds.)]. In press.

The Decree will disrupt EU legislation and free movement of goods on the Single Market

Firstly, EU law already provides a regulatory framework for the denomination of food products. Such a framework can be found in the EU's Common Market Organisations Regulation 1308/2013 establishing a common organisation of the markets in agricultural products (“CMOs Regulation,” as amended by Regulation 2021/2117) and its implementing regulations. In our opinion, based on the principle of subsidiarity, if a Member State has concerns over a lack of consistent and specific regulatory framework at EU level, such a Member State should then turn to the European Commission to amend these regulations, rather than enacting their own national laws, which poses the risk of fragmenting the EU Single Market by creating distortions in competition between EU business operators.
Furthermore, this Decree ignores pre-established EU agreements on the denominations of plant-based foods. During the most recent revision of the CMOs Regulation, the European Commission decided not to amend the CMOs Regulation so as to allow the use of meat denominations for vegetable proteins. The same issue is currently being settled by the Court of Justice of the European Union, which could render national variations of the law illegal within less than a year. To prevent fragmentation of trade and disruption within the EU Single Market,there should be consistency in terminology across EU Member States, and any amendments to existing regulation are the responsibility of the European Commission by virtue of its competence in regulating the agricultural market.
Under the notion of equivalence, there must not be distortions in fair competition between EU business operators marketing substitutable products, which the prohibitions in this draft law would generate. Such a rule would discriminate between substitutable – and thus competitive – products, thereby undermining fair competition between business operators in the French and EU markets. By the definition of these foodstuffs in question aiming to replace or provide an alternative to those of animal origin, European consumers have deemed that the products are equivalent under the standards set by the World Trade Organization (WTO) when determining competitive products (“like products”), as follows: “products are competitive or substitutable when they are interchangeable or if they offer, as the Panel noted, “alternative ways of satisfying a particular need or taste” (KDS75, Korea — Alcoholic Beverages, 2000).
In addition to countering EU legislation, this Decree also directly deters the EU’s efforts to support novel protein innovation and shifting towards more sustainable diets. This is a crucial aspect of the FOOD2030 initiative in “supporting the transition towards sustainable, healthy and inclusive food systems, that respect planetary boundaries”. Restricting the designations of plant-based foods will set back this mission and restrict opportunities to deliver the initiative’s sustainability and nutrition ambitions. The EU has already invested over €50 million into alternative protein research and development, including €25 million through the flagship Horizon Europe programme, whereas this Decree would restrict the ambition for growth of the plant-based market.

The Decree will disadvantage French producers

The practical basis of Article 3 is questionable, due to the fact that many animal protein products might typically contain more than the allowed percentage of plant protein. For example, meat products often utilise plant ingredients for functionality like vegetable casing, and corn dextrose.

Further company innovation for flavour or texture and efforts to improve the health of processed meat products, which are typically classified as a category D on the nutri-score scale, could be limited by these rules. Examples of animal products seeking to improve the nutritional content through the use of plant-based ingredients include pork sausages mixed with chickpea flour and this “flexitarian range”, including sausages that contain 60% animal protein and 40% plant-based ingredients. Compositions of this kind, which are growing in popularity for health reasons, would remain reserved for importing producers under this Decree, creating anunfair competitive disadvantage for French manufacturers. This rule would further undermine consumers’ interests by limiting the selection of healthier products.
The market disadvantages imposed on French producers will stifle innovation and pose disproportionate hurdles for small and medium sized enterprises (SMEs). It will tilt the competitive landscape in favour of established players and big businesses that can more readily absorb the necessary marketing and R&D spending for new labelling. Meanwhile, smaller companies will be compelled to reallocate scarce resources towards rebranding efforts without being able to use terminology that clearly communicates the intended resemblance and application of their products to traditional meat. Therefore, not only does this Decree work against consumer clarity, it harms French companies.

Not only would the proposed Decree negatively affect the existing French animal protein sector, but it would also harm the growing French plant-based sector. As per Article 5, the Decree will not apply to products manufactured outside of France. Therefore, imported products will have a marketing advantage and become more accessible to consumers.
Due to the vast market share of plant-based products, this Decree negates market demands. Plant-based foods in France make up a €425.7 million sector, the fifth largest market in Europe. The increasing popularity of these plant-based products suggest that consumers are comfortable with the current denomination system. The importance of plant-based products as a growing share of the market is also represented in conventional companies entering the vegan space. For example, Danone closed one of its main dairy factories and converted it into a space for its Alpro division to develop vegan alternatives, Herta launched Herta ‘Le Bon Vegetal’ to produce vegetarian and vegan products.
In addition, French multinational retailers have demonstrated their disagreement with this Decree. Carrefour announced the launch of a new coalition involving, Unilever, Danone, Bel, Savencia, Andros, and Bonduelle. This coalition aims to democratise plant-based products and make them more accessible and available. This coalition depicts the sentiment that French companies with plant-based products in their portfolios will be competitively disadvantaged by this Decree, burdening startups and small businesses especially. Subsequently, the French plant-based food-tech company Umiami just announced its new headquarters in the US. Therefore, bringing its $107 million of investments it has received over three years across the Atlantic. If this Decree goes ahead, then more French companies could be inclined to move their operations to a jurisdiction with a more desirable regulatory framework.
Furthermore, investments in the French plant-based sector could prove futile if this Decree hampers growth and puts the same companies at a disadvantage. The French government has already invested considerably into this sector, for example 8.3 million euros was allocated towards plant-based food innovation this year.

The Decree is not in the interest of French consumers

As stated above, the French plant-based market is quite substantial, valuing at €425.7 million sector, making it the fifth largest market in Europe. It is evident that consumers are well-acquainted with and comfortable with current plant-based labelling practices. Nonetheless, Marc Fesneau, Minister of Agriculture and Food Sovereignty, asserts that this Decree will put an end to misleading claims, by using names relating to meat products for foodstuffs that do not contain them. He also raises concerns about transparency, pointing towards a discrepancy between expectation of consumers and producers.
To date, there is no robust evidence supporting the notion that animal protein terminology used for plant-based proteins causes consumer confusion. Changing labels on existing and future products is unlikely to improve consumer awareness. In fact, research where participants answered questions about various plant-based meat and dairy products (including whether they believed these foods were made from animals/animal products, how well they could imagine what the products taste like, and whether they believed the products could be used for various purposes) showed that “consumers are no more likely to think that plant-based products come from an animal if the product’s name incorporates words traditionally associated with animal products than if it does not”. More notably, this research concluded that “omitting words that are traditionally associated with animal products from the names of plant-based products actually causes consumers to be significantly more confused about the taste and uses of these products’’. Together, the findings imply that legislation prohibiting companies from using words like “beef” and “butter” on their labels does not advance the government’s interest in preventing consumer confusion.” Furthermore, a Swiss court ruled that denominations such as “chicken”, “pork” and other “meaty” product terms and labels used by plant-based food manufacturers are not deceptive to consumers. These findings suggest that legislation prohibiting the use of terms linked to animal proteins for plant-based products does not serve the government’s goal of preventing consumer confusion.
This Decree not only lacks scientific basis, but it also fails to account for the evolution and the development of consumer perceptions over the last few decades. It solidifies outdated regulations on product naming which are disconnected from the current market landscape.
Additionally, the EU’s European Consumer Organisation’s (BEUC) study reported that most consumers (42.4%) believe that the use of ‘meaty’ names (e.g. veggie ‘burgers’ or ‘sausages’) should be permitted provided the products are clearly labelled as vegetarian/vegan. Moreover, the study proposes that “The use of ‘meaty’ names on plant-based products makes it easier for consumers to know how to integrate these products within a meal, and as such should not be banned.” Moreover, another study found that one in four French consumers incorporate plant-based meat into their diet on a monthly basis. The belief that meat consumption should be reduced led these consumers to opt for plant-based meat alternatives. These consumers are looking to replace their animal-based protein with a plant-based alternative and are aware some plant-based options look to mimic animal meat. In such instances, the use of meat-related labels serves as a convenient and informative signal for consumers to understand what the product is, what it looks to mimic and how it can be used in recipes or meals. Restricting these labels may hinder consumer ability to transition to healthier, more sustainable options.

The Decree is not in line with France’s National Goals

Plant-based proteins effectively address the environmental and human health issues associated with intensive livestock production. These objectives contribute to those of the European Green Deal and the EU Farm-to-Fork Strategy, which states that it is necessary to move “to a more plant-based diet with less red and processed meat and with more fruits and vegetables which will reduce not only risks of life-threatening diseases, but also the environmental impact of the food system’’. Compared to processed animal-based products, plant-based products offer a healthier option to consumers in terms of saturated fat, cholesterol, fibre, and a range of other nutrients. The surge in obesity and cardiovascular disease in France has been linked to the rising consumption of high-calorie, low-nutrient foods containing excessive levels of saturated fats and cholesterol, as are often found in animal products. Given the increasing incidence of health issues such as high blood pressure, cardiovascular disease, diabetes, and obesity in France, it is important for improving public health to allow and encourage consumption of healthier, plant-based options. Evidence shows that consumers are more willing to try plant-based products if they contain familiar meaty terms, so changes in denominations would undermine efforts to shift towards healthier, more sustainable choices. Given current grain shortages in Europe, it is also imperative to encourage a shift towards greater direct human consumption of crops through plant-based products for food and nutrition security. In Europe at present, 62% of cereal grains go to animal feed compared to only 23% feeding people directly.

Various expert studies have recommended that alternative proteins should be supported by governments in line with achieving international climate and nature goals, including the Paris Agreement. Plant-based meat production emits up to 90% fewer greenhouse gas emissions and uses up to 99% less land than conventional meat. Diversifying the food system into non-animal-based protein production also reduces reliance on antibiotics, lowering the incidence of antimicrobial resistance, and minimises the risk of emerging zoonotic diseases. The UK Government-led Agriculture Breakthrough, supported by the COP28 UAE Presidency, highlights the need for international governments to support research, development and deployment of alternative proteins to address the challenges of food insecurity, climate change and environmental degradation. The IPCC special report on land use and climate change also describes a shift towards more plant-based diets as a key opportunity to reduce emissions.

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ČSZV position on 2023 French decree related to plant-based product denominations

1. Background

On 23rd August 2023, the French government issued a new decree of the exact same scope as in October 2021, with the aim to limit denominations for plant-based products. This has reset the entire process started under the first decree of 2021. At this time, it is not known if the European Court of Justice will continue the procedure opened with the first decree.

The new draft has been notified to the European Commission through the TRIS notification system and is open for feedback until 24th November 2023.

2. Advocacy messages

A. Consumer information and demand

Consumer interest and demand of plant-based products has increased in recent years, becoming mainstream and paving the way for innovations across a variety of segments and products.

We support consumer communication that is transparent, understandable, and non-mis-leading with regards to plant-based food products.
Product denominations for plant-based products should appropriately inform consumers and enable them to make informed purchasing decisions. According to a 2020 BEUC survey, the vast majority of European consumers are supportive of the continued use of helpful descriptive terms for plant-based food[1].
We support the use of product denominations for plant-based meat alternatives which refer to the appearance attributes of a product (such as “steak”, “nugget”, “escalope”, “skewer”, “minced”, “burger” or “sausage”, etc.). provided these products are clearly described as plant-based, vegetarian, vegan or by using any other similar term, as appropriate (e.g., vegan sausage, vegetarian burger), to avoid misleading consumer on the true nature of the product.
Research[2] shows that a change in the food system and a shift to an increased production and consumption of plant-based food is critical to tackle challenges linked to climate change and public health as well as to manage to feed a growing world population.
Product innovation is a critical enabler of the food system transformation journey. This is why we support flexibility in the national/regional regulatory framework in the use of product denominations for plant-based meat and dairy alternatives.
Plant-based alternatives are essential to the fulfil nutritional requirements in the diets of consumers who cannot or do not want to consumer animal protein food products, due to medical, ethical, health, environmental, religious, or other reasons.
For plant-based products to be a fully complementary alternative for consumers, a harmonised and level playing field with the animal-protein sector is necessary.

B. EU Policy Context and Agenda

The French decree would hinder plant-based products innovation, which goes against the objectives of the EU Policy Context and Agenda such as:

The EU Farm-to Fork-Strategy[3] is an important enabler to make the transition towards sustainable food systems a reality. To achieve this, the Strategy clearly mentions the need to move towards a “more plant-based diet”. This key element of the Strategy was confirmed by the European Parliament in their “own initiative” adopted on 20 October 2021 (see paragraph 88)[4].

The Code of Conduct on Responsible Food Business and Marketing Practices[5], one of the first deliverable of the Farm-to-Fork Strategy, includes the aspirational objective of ensuring healthy, balanced and sustainable diets for all European consumers, that support

reversing malnutrition and diet-related noncommunicable diseases (NCDs) in the EU, and
reducing the environmental footprint of food consumption by 2030.

The French decree would obstruct industry efforts to meet this target and impact the spirit of the Code to enable the shift to sustainable food systems that bring further environmental, health and social benefits, offer economic gains and ensure that the recovery from the COVID-19 crisis puts citizens and operators onto a sustainable path. Furthermore, this aspirational objective is linked to international goals as formulated by the United Nations Sustainable Development Goals and the Paris Climate Agreement, amongst others, in the fight against global warming.

In Europe’s Beating Cancer Plan[6], the European Commission highlights shifting diets towards more plant-based consumption as a key tool in cancer prevention (see chapter 3.4).

C. Single Market Distortion

The measure having equivalent effect to a quantitative restriction (MEEQR), establishing a legal barrier to the free movement across Member States which is prohibited by Article 34 of the Treaty on the Functioning of the European Union. Although the decree foresees that products may be imported and marketed in France (Article 5), this provision is contradicted by Article 6 of the decree. This is not respecting the principle of mutual recognition and thus constituting an obstacle to the free movement of goods in the internal market. If it enters into force, it will distort competition on the EU Single Market and create internal barriers to trade.

[1] One bite at a time: Consumers and the transition to sustainable food

[2] IPCC, “Special Report on Climate Change, Desertification, Land Degradation, Sustainable Land Management, Food Security, and Greenhouse gas fluxes in Terrestrial Ecosystems”, IPCC, 2019 (https://www.ipcc.ch/site/assets/uploads/2019/08/Fullreport-1.pdf); Clark, MA et al., (2019) “Multiple Health and Environmental Impacts of Foods”, PNAS; 116 (46); 23357–23362

[3]https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1590404602495&uri=CELEX:52020DC0381

[4]https://www.europarl.europa.eu/doceo/document/TA-9-2021-0425_EN.html

[5]https://ec.europa.eu/food/horizontal-topics/farm-fork-strategy/sustainable-food-processing/code-conduct_en

[6]https://ec.europa.eu/health/sites/default/files/non_communicable_diseases/docs/eu_cancer-plan_en.pdf

The Slovak Association for Branded Goods (SZZV) proudly serves as the representative entity for plant-based producers from Slovakia, actively engaging and contributing to the vibrant and dynamic single European market. Committed to fostering innovation, transparency, and consumer awareness, our association champions the interests of Slovak producers who play a pivotal role in the evolving landscape of plant-based food products.

As a distinguished member of the European Alliance for Plant-Based Food, we collaborate with organizations across the continent to shape policies that reflect the needs and aspirations of the rapidly growing plant-based sector. Our commitment aligns with the broader European agenda, emphasizing sustainability, health, and consumer choice within the framework of the European Union.

Our participation in the ongoing discourse is particularly pertinent in the context of the French government's proposed decree on the use of certain denominations used to designate foodstuffs containing plant proteins, implementing Article L. 412-10 of the French Consumer Code (‘Code de la consommation’). This commentary is submitted through the Technical Regulation Information System (TRIS) to provide valuable insights and advocate for a regulatory environment that supports the growth and development of the plant-based industry.

Through this statement, the Slovak Association of Branded Goods aims to articulate the concerns and perspectives of Slovak plant-based producers on the implications of this denomination decree. We emphasize the importance of clear and informative product denominations, aligned with consumer expectations and the European Alliance for Plant-Based Food's shared vision.

Our engagement in this process underscores our dedication to ensuring that the regulatory framework enables rather than hinders the flourishing plant-based market, fostering fair competition, consumer trust, and adherence to the principles of the single European market. Together with our European partners, we strive to contribute meaningfully to the evolution of a sustainable and inclusive food ecosystem that resonates with the values and preferences of European consumers.

A. Agenda of Consumer perspective on the way to live more sustainable:

1. Enhancing Consumer Awareness and Demand: We recognize the growing interest and demand for plant-based products across Europe. In alignment with the single European market, we advocate for transparent and understandable communication to consumers regarding plant-based food products. The emphasis should be on providing informative product denominations that empower consumers to make informed choices, aligning with the 2020 BEUC survey (realized also in Slovakia) supporting the use of descriptive terms for plant-based foods.

2. Support for Product Denominations: We endorse the use of product denominations for plant-based meat alternatives that refer to appearance attributes, such as "steak," "nugget,", „sausage,“ or "burger," provided these are clearly labeled as plant-based, vegetarian or vegan. This approach ensures clarity and prevents consumer misinformation. Such an approach is crucial to fostering innovation and supporting the transition to plant-based alternatives.

3. Addressing Climate Change and Public Health: Recognizing the pivotal role of plant-based food in addressing climate change and public health challenges, we emphasize the need for a shift in the food system. Supporting research findings, we acknowledge the critical contribution of plant-based alternatives to a sustainable and healthier future.

4. Nutritional Alternatives: We acknowledge the importance of plant-based alternatives in meeting the nutritional requirements of consumers with diverse preferences or restrictions, be they for medical, ethical, health, environmental, religious, or other reasons. Harmonization and a level playing field with the animal-protein sector are essential for plant-based products to serve as fully complementary alternatives.

B. Forward Agenda in the EU Policy Context:

We align our agenda with the EU Farm-to-Fork Strategy, advocating for a transition toward sustainable food systems by promoting a "more plant-based diet." The Code of Conduct on Responsible Food Business and Marketing Practices is seen as crucial deliverable supporting healthy, balanced, and sustainable diets. Any hindrance to plant-based product innovation, such as the French decree, contradicts the EU's objectives for sustainable food systems.

C. Mitigating Single Market Distortions:

We emphasize the importance of adhering to the principles of the single European market. Any measure with an equivalent effect to a quantitative restriction, like the French decree, contradicts the Treaty on the Functioning of the European Union. Such measures hinder the free movement of goods, distort competition, and create internal barriers to trade within the EU Single Market, posing challenges to the fair and effective operation of the market.

In conclusion, the Slovak Association for Branded Goods, as an active representative within the European Alliance for Plant-Based Food, underscores the critical importance of a regulatory environment that fosters innovation, transparency, and consumer trust in the plant-based sector. Our TRIS comment on the French denomination decree emphasizes the necessity for clear and informative product denominations that align with consumer expectations and support the principles of fair competition within the single European market. We advocate for a collaborative approach that considers the diverse perspectives of plant-based producers across Europe. As stakeholders committed to sustainable practices and the promotion of a more plant-based diet, we encourage the European authorities to leverage this opportunity to establish a harmonized regulatory framework that not only aligns with the objectives of the EU Farm-to-Fork Strategy and the Code of Conduct on Responsible Food Business but also contributes to a resilient and innovative European food landscape, ensuring a healthier and more sustainable future for all.

Växtbaserat Sverige vill härmed lämna synpunkter på det franska förslaget till regler om förbud mot att använda vissa termer (t.ex. filé, biff, skinka) för livsmedel som innehåller vegetabiliska proteiner (TRIS 2023/510/F). Växtbaserat Sverige lämnade redan i december 2021 synpunkter på det då föreslagna franska dekret med liknande regler som sedan antogs av Frankrike, men som nu är föremål för en process om förhandsbesked i EU-domstolen. Den franska högsta förvaltningsdomstolen vänt sig till EU-domstolen för att avgöra om lagen är förenlig med EU-lagstiftning. Detta efter att Högsta förvaltningsdomstolen i Frankrike stoppade tillämpningen av förbudet för köttbeteckningar för vegetarisk mat. Det franska dekretet innehöll en bestämmelse om att produkter som lagligen saluförs i andra medlemsstater inte omfattas av de franska reglerna och att det förefaller vara så även denna gång, det är dock inte entydigt att det är så varför Växtbaserat Sverige invänder mot den föreslagna lagstiftningen även denna gång. Orsaken är att de föreslagna reglerna strider mot den grundläggande principen om fri rörlighet för varor. Växtbaserat Sverige anser att reglerna har en likvärdig effekt som en kvantitativ exportrestriktion, vilket innebär ett otillåtet handelshinder enligt artikel 34 i Fördraget om den europeiska unionens funktionssätt. Reglerna strider också mot principen om ömsesidigt erkännande. Den franska motiveringen att reglerna är till för att skydda konsumenterna kan ifrågasättas då förslaget innebär ett försvårande för konsumenter att göra informerade val av växtbaserade produkter, vilket strider mot syftet med EU-förordning 1169/2011 om livsmedelsinformation samt att lagstiftningen står i strid med övergripande politiska mål i EU:s Farm to Fork-strategi gällande att etablera hållbara livsmedelssystem. Slutligen innebär förslaget att Frankrike går emot den uppdaterade EU-förordningen om en inre marknadsordning (1308/2013/EU, CMO), som uppdaterades så sent som 2021, där en liknande begränsning mot att använda vissa beteckningar för växtbaserade produkter avvisades av såväl medlemsstaterna som Europaparlamentet (AM 165 och 171).

CONTRIBUTION REGARDING THE TRIS NOTIFICATION 2023/0510/FR - Decree on the use of certain designations used to describe foods containing vegetable proteins

Prague, Bratislava, November 23rd, 2023

On 23/08/2023, France submitted the French national decree entitled “Decree on the use of certain designations used to describe foods containing vegetable proteins” to the TRIS notification system. This is a decree which should ensure the protection of names of food of animal origin from being used to market their plant-based alternatives and imitations.

On behalf of the Czech Agrarian Chamber, the Agricultural Association of the Czech Republic and the Slovak Agriculture and Food Chamber, we would like to call on the European Commission and EU Member States to support this version of the French decree. We believe that the proposal is in line with many of the objectives of the European Green Deal, whether in terms of strengthening the position of farmers in the supply chain, providing transparent and non-misleading information to consumers on the true origin of food, shortening supply chains or maintaining the development and viability of rural farmers and small and medium-sized farmers.

At the same time, we do not believe that any of the objectives of the European Green Deal will be complicated by this proposal. The European Commission's Farm to Fork strategy promotes the strengthening of the consumption of food of plant origin, but the example of milk and dairy products, the names of which are already protected in the European Union, shows that, for example, protecting the name 'milk' does not lead to the disappearance of the product or a reduction in sales of the food in question. The protection of milk and dairy names is already a relatively successful example, which, although it requires more rigorous implementation by the supervisory authorities of the Member States, does not lead to discrimination between one foodstuff and another, but rather to greater transparency in the market and greater consumer awareness.

We also find it quite worrying that, if we do not protect the names of food of animal origin and in combination with future nutrition labelling schemes, it could easily bring us into a situation where future food labelling in EU gives highest consumption priority to highly processed and wrongly labelled reformulated imitations of foodand allow manufacturers of these artificial products systemically masking their true nutrition value and health impacts. Such a system would seriously mislead European Consumers and incentivize them to make wrong nutrition and health choices. A system that is for sure not to the benefit of our citizens but perhaps only to the benefit of a business model of some Big Food and Big Retail.

Excessive consumption of highly processed foods is strongly discouraged by a number of institutions, including, for example, the FAO - UN[1], because it is suspected of causing a number of chronic non-communicable diseases, including cardiovascular disease or cancer and obesity. The Joint Research Centre (JRC) has also highlighted the need to include the issue of food processing levels in the debate on sustainable and good nutrition.[2]The promotion of highly processed foods through a nutritional labelling that is overly simplistic and by allowing these foods to use the names of foods of animal origin, does not transparently inform consumers about the content of harmful and/or synthetic substances in the food (while the long-term effects of consuming these substances on human health have often not yet been properly assessed) is unacceptable. This system will only lead to consumer confusion, to their preference for 'green labelled' foods, to a lack of essential nutrients in diet, and may lead to development of non-communicable diseases, i.e. to a development which EU for long attempts to reverse by means of all relevant strategies and contrary to Commissioner Kyriakides own statement: "we will succeed and ensure that sustainable and healthy diets are the easy choice for consumers." [3]

We find it very worrying that artificial products imitating eggs, fish, honey, meat and other products of animal origin are now allowed to be named in the same way as traditional foods. According to a number of studies[4][5] these artificial products are nutritionally completely different and incomparable to traditional foods of animal origin. Failure to extend name protection to meat and meat products and other foods of animal origin will only increase consumer confusion and encourage the consumption of highly processed foods. Imitations aim to have the same taste, appearance, texture and preparation as animal foods.

Finally, we would like to remind you that in April 2023, the UN Food and Agriculture Organisation (FAO) published a new report focusing on the role of animal foods in human nutrition[6]. In its report, the FAO states that meat, eggs and milk are essential sources of nutrients, particularly for the most vulnerable populations, and that these nutrients cannot be easily obtained from plant-based foods. These include a range of important macronutrients including protein, fat and carbohydrates, but also micronutrients including essential fatty acids, iron, calcium, zinc, selenium, vitamin B12, choline, carnitine, creatine and taurine. Globally, more than one in two pre-school children (372 million children) and 1.2 billion women of childbearing age are deficient in iron, vitamin A or zinc. According to the FAO, food of animal origin is particularly important at key life stages such as pregnancy, lactation, childhood, adolescence and old age.

The use of species names and traditional names for food of animal origin evokes the impression among consumers that the food is of comparable nutritional value. Incorrect dietary choices can have very serious public health implications and cause malnutrition in consumers who switch from animal to misconceived plant-based production. Vulnerable groups are especially young children, pregnant and lactating women and the elderly. We therefore call on the European Commission to work towards the adoption of harmonised food labelling rules that will protect the names of foodstuffs of animal origin from being misused to label their plant-based imitations, as well as harmonised rules for their marketing and labelling. Until the rules are adopted, we ask the European Commission not to prevent individual countries from adopting legislation that protects the interests of their citizens, both in terms of truthful information and protection of public health.

Mr. Martin Pýcha, President of the Agricultural Association of the Czech Republic

Mr. Jan Doležal, President of the Czech Agrarian Chamber

Mr. Emil Macho, President of the Slovak Agriculture and Food Chamber

[1] Monteiro, C.A., Cannon, G., Lawrence, M., Costa Louzada, M.L. and Pereira Machado. Ultra-processed foods, diet quality, and health using the NOVA classification system. Rome, FAO. 2019. LINK

[2] Bock, A.K., Bontoux, L., Rudkin, J. Concepts for a sustainable EU food system, Publications Office of the European Union, Luxembourg, 2022, ISBN 978-92-76-43727-7, doi:10.2760/381319, JRC126575. LINK

[3] S. Kyriakides, speech, 26th of September 2022: LINK

[4] Kalyn, M. Colard MD, David P. McCormick, MD. A Nutritional Comparison of Cow's Milk and Alternative Milk Products, August 2021: LINK

[5] Mudasir, Ahmad, Shahida, Qureshi, Mansoon Hussain Akbar, Shahida Anusha Siddiqui, Adil Gani, Mehvesh Mushtaq, Ifrah Hassan, Sanju Bala Dhull. Plant-based meat alternatives: compositional analysis, current development and challenges. 2022: LINK

[6] FAO, 25th of April 2023, LINK

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