On April 24, 2019, the European Commission (EC) adopted Regulation (EU) 2019/649, amending Annex III to Regulation (EC) No. 1925/2006 of the European Parliament and of the Council of the EU (the Council) with regard to trans fats.
The EC had launched consultations on Oct 4, 2018, to seek stakeholders’ views on the draft Regulation setting a maximum limit of trans fats of 2 grams per 100 grams of fat in food intended for the final consumer. The maximum limit applies for trans fats other than that naturally occurring in animal fat.
The consultation allowed for feedback on the draft Regulation until Nov 1, 2018. The EC received 49 responses that it evaluated. Not all comments, for instance those of the German confectionery association, were supportive of the initiative.
The EC requested approval of the amendment from the responsible EU Committee. After approval was given, the Council and the European Parliament had two months to make objections. As they did not object, the limit of 2 grams of trans fats per 100 grams of fat was codified into EU law.
Regulation (EU) 2019/649 amends Annex III to Regulation (EC) No 1925/2006 on the addition of vitamins and minerals, and of certain other substances to foods, with regard to trans fats in foods intended for the final consumer, other than that naturally occurring in animal fat.
This Regulation addresses substances representing a potential risk to consumers when added to foods or used in the manufacture of foods under conditions that would result in the ingestion of amounts greatly exceeding those reasonably expected to be ingested under normal conditions of consumption of a balanced and varied diet.
Annex III to Regulation (EC) No 1925/2006 provides for the listing of substances whose use in foods in the EU is prohibited (Part A), restricted (Part B) or under scrutiny (Part C). The EC considers trans fats to be a substance for which harmful effects on health have been identified and, therefore, has placed the substance in Part B of Annex III. The addition of trans fats to foods or their use in the manufacture of foods is only allowed under the conditions specified in that Annex, in view of the current state of scientific and technical knowledge.
More specifically, the content of trans fats, other than that naturally occurring in animal fat, in food that is intended for the final consumer, is not allowed to exceed 2 grams per 100 grams of fat. Food that does not comply with the Regulation is still allowed to be placed on the market until April 1, 2021.
The European Consumer Organisation BEUC has indicated that it supports the limit of 2 grams of trans fats per 100 grams of fat. However, the BEUC appears to remain open to the option of prohibiting the use of partly hydrogenated oils (PHOs), provided that such measure equally protects consumers’ health.
The BEUC remains concerned about the options of setting limits for trans fats or banning PHOs through voluntary agreements with food business operators, as such measures have proven ineffective in ensuring that all food businesses eliminate trans fats from products.
Opening for sustainable palm oil
While the EU was debating measures against trans fats, viable and more obvious (industrial and nutritional) alternatives to trans fats have been already available. In particular, naturally stable fats exist, such as palm oil.
In fact, palm oil can be considered as the primary alternative to partially hydrogenated fats and oils in food products. It is a natural and healthy alternative, which is already available on the market. Palm oil is a vegetable oil that is solid at room temperature and does not need to be artificially hardened. Palm oil is a balanced oil that contains equal amounts of saturated and unsaturated acids. And it is not costly.
European Commissioner for Health and Food Safety Vytenis Andriukaitis has stated that, in preparation of future regulatory steps, the EC is also assessing whether measures regulating trans fats could prompt manufacturers to use alternatives that are less environmentally sustainable.
This comment may be read in connection with the alleged sustainability concerns with respect to one of the key natural alternatives to hydrogenated oils: palm oil. Such concerns typically relating to palm oil’s sustainability are largely unfounded, in particular taking into account the industry’s efforts to make production more sustainable and the significant increase in sustainable palm oil now being produced and used by food manufacturers.
Policy makers, companies and civil society organisations should be aware of, and promote, sustainable palm oil as a key alternative to vegetable oils and fats containing trans fats, without bias or hidden economic agendas. Alternatives to trans fats exist, and should be used.
Following the conclusion of the stakeholders’ consultations, the EC adopted a regulation introducing limits on industrial trans fats in foods. Regulatory measures with respect to trans fats look poised to significantly affect the demand for certain vegetable oils on the world market. This development is, therefore, a clear opportunity for palm oil and, even more so, an opening for sustainable palm oil.
As companies continue to use palm oil to fill the gap left by the removal of partially hydrogenated vegetable oils, an increase in demand for palm oil should in fact mean an increase in demand for sustainable palm oil. The restrictions on trans fats in foods (see Box) should be used to not only improve the health of EU citizens, but also to support sustainable palm oil production in Malaysia.
FratiniVergano
European Lawyers
Curbs on Trans Fats
Trans fats are specific types of unsaturated fatty acids and are naturally present in food products derived from ruminant animals, such as dairy products or meat from cattle, sheep or goat, as well as in some plants and products of vegetable origin, such as leeks, peas, lettuces and rapeseed oil.
Trans fats can also be formed by chemically modifying vegetable oils, such as soybean oil. By adding hydrogen atoms, vegetable oils can solidify into a texture like that of many oils high in saturated fats, making them useful in a wide variety of food applications. Trans fats are, therefore, also present in fats that have been industrially processed to artificially solidify them through the treatment with hydrogen (hydrogenation). This process was first discovered at the beginning of the 20th century, but gained wider use during World War II as rationing cut into butter supplies and there was a need for margarine supplies.
Industrially produced trans fats can only be obtained through the process of so-called partial hydrogenation. Partial hydrogenation of vegetable oils has an impact on the properties of the unsaturated fatty acids, thereby leading to a high content of trans fats (depending on the type of fat and method). Conversely, the more costly process of complete hydrogenation does not lead to trans fats. Trans fats are mainly found in processed food products, such as ready meals, biscuits, potato chips, ready-made sauces or margarines, but also in take-away food.
Regulating trans fats in food
Denmark was the first country to mandate restrictions on industrially-produced trans fats in 2004. Since then, the trans fats content of food products has declined dramatically and cardiovascular disease deaths have reportedly declined more quickly in Denmark than in comparable countries.
Other EU member-states have introduced or announced legislation limiting the trans fats content to 2% of the total fat content of food products. They including Austria, Hungary and Latvia. In Belgium, Germany, Greece, the Netherlands, Poland and the UK, voluntary measures aimed at reducing the trans fats content of food have been adopted.
National dietary recommendations have been issued in Bulgaria, Finland, Malta, Slovakia and the UK. Finland, Greece and Spain have introduced other legislative measures, such as limits on trans fats content for specific products only. Legal measures have been taken by Iceland, Norway and Switzerland as well.
Options of addressing trans fats were evaluated by the European Commission in a 2015 report regarding trans fats in foods and in the overall diet of the EU population. The report recalled that coronary heart disease was the leading cause of death in the EU and that a high intake of trans fats seriously increased the risk of heart disease, more than any other nutrient on a per calorie basis.
The report evaluated options to reduce trans fats consumption in the EU, including: 1) The introduction of a mandatory trans fats content declaration; 2) A legal limit on the trans fats content of food; 3) Voluntary agreements towards reducing trans fats in foods and diets at EU level; and 4) EU guidance for national legal limits on the trans fats content of food.
According to the report, leaving this issue to member-states would not ensure that all EU citizens benefit from the reduction and would continue the current piecemeal approach, negatively affecting the EU Internal Market. The report concluded that establishing a legal limit for industrial trans fats in food appears to be the most effective measure in terms of public health, consumer protection and compatibility with the EU Internal Market.
In 2016, the European Parliament adopted a resolution calling for a limit on industrially produced trans fats in foods. Legal limits have already been established in infant formulae and follow-on formulae; and the EU Regulation on the provision of food information to consumers requires food business operators to specify in the list of ingredients of all pre-packed foods whether refined fats/oils are fully or partially hydrogenated.
In the US, the Food and Drug Administration concluded in 2015 that partially hydrogenated oils, the primary dietary source of industrial trans fats, are no longer to be considered as ‘generally recognised as safe’ for use in food and have, therefore, been prohibited since June 2018.
On May 15, 2018, the World Health Organisation called for the elimination of industrially-produced trans fats from the global food supply.
On June 19, 2018, the European Food Safety Authority published a report based on a review of available scientific evidence; according to the latest national and international recommendations, dietary intake of trans fats should be as low as possible.
