ANH responds to EFSA accusation of legal threat

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Alliance for Natural Health Press Release [To download PDF, click

here]

 

27 March 2007, Dorking, United Kingdom

 

 

 

The Alliance for Natural Health (ANH) filed nine applications to

Annex I of the EU Food Supplements Directive and a further six to

Annex II in late February and early March 2007. The primary subjects

of the applications were natural vitamins and minerals which were

omitted from the Directive's Annexes (`positive list'). On 16 March,

the ANH informed the European Commission that it had filed the

applications and would scrutinise its and the European Food Safety

Authority's (EFSA) procedures with regard to their evaluation. This

scrutiny, ANH indicated, would be in accordance with the process made

clear by the European Court of Justice (ECJ), in its ruling on the

ANH's case in July 2005.

 

Although the EFSA made no comment to the media on 16 March, it

responded on 23 March with statements quoted by Nutraingredients.com

Europe. Spokesperson for the EFSA, Dr Carola Sondermann, told

NutraIngredients.com: " We are surprised that ANH even tries to

threaten the European Commission and EFSA with taking them to court

if a negative opinion will be issued by EFSA. "

 

Responding to the EFSA statement, Dr Robert Verkerk, executive and

scientific director of the ANH, said:

 

" We have in no way threatened either the European Commission or the

EFSA. We have merely made clear that we are following the process set

out by the ECJ in relation to its 2005 ruling on our case, which, I

quote, says `If the procedure results in a refusal, the refusal must

be open to challenge before the courts.'

 

" Given the ECJ ruling, we would in fact be neglecting the interests

of our supporters if we were not to reserve the right to challenge

any negative decisions by the EFSA if we believed such decisions were

unjustified.

 

" If the ANH's role as a watchdog on these matters ends up helping to

create a more workable, timely, transparent, proportionate and

scientifically credible procedure for applications to the positive

list of this Directive, then that will be a big step forward for

natural health. This will greatly benefit the tens of thousands of

Europeans who use natural forms of vitamins and minerals and who

would not expect to see unwarranted restrictions on their use. "

 

For the public record, ANH legal director, Robert Collins, made the

following statement in relation to the EFSA's comments:

 

" With regard to the article in Nutraingredients.com on 23 March, the

response from the EFSA spokesperson is unwarranted. The ANH has

consulted at each stage of the procedure both with the Food Standards

Agency in the UK and the relevant European institutions.

 

Clearly if there is a refusal to accept a particular nutrient for

inclusion onto the positive list that we believe is not warranted,

then the ANH will not hesitate to exhaust all means at its disposal

to challenge the decision. Ultimately this might require our pursuing

the matter in the courts, a right clarified by the European Court in

its judgment on our case. However we have endeavoured and will

continue to endeavour to work cooperatively with the FSA, the EFSA

and the European Commission.

 

We are slightly taken aback that the EFSA's only response to our

communications on the subject of adding nutrients to the Annexes of

the Food Supplements Directive has been through the medium of a

spokesperson making a comment upon a very small part of the proposals

that we have put to them.

 

We have as yet received no constructive response from the EFSA, the

FSA or the European Commission over any of the genuine concerns we

have raised in relation to the transparency, proportionality or legal

and scientific credence of the application process for vitamins and

minerals to the Annexes of the Directive. "

 

ENDS.

 

EDITOR'S NOTES

 

Nutraingredients.com articles

 

1. ANH pledges scrutiny and pressure over EC positive list, 19 March

2007

 

http://www.nutraingredients.com/news/ng.asp?id=75066

 

2. EFSA surprised at legal threat over dossier assessment, 23 March

2007

 

http://www.nutraingredients.com/news/ng.asp?id=75209

 

About the Alliance for Natural Health (ANH) - www.anhcampaign.org

 

The ANH is a UK-based, EU-focused, international, legal-scientific,

non-governmental organisation that is working on behalf of consumers,

medical doctors, complementary health practitioners and food

manufacturers and distributors, to protect and promote natural

healthcare, using the principles of good science and good law.

 

The ANH's principal objective is to help develop an appropriate legal-

scientific framework and environment for the development of

sustainable approaches to healthcare. Within this setting, consumers

and health professionals should be able to make informed choices

about a wide range of health options, and in particular those that

relate to diet, lifestyle and non-drug-based or natural therapies, so

that they may experience their benefits to the full while not

exposing themselves to unnecessary risks.

 

 

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