HC Deb 03 March 2004 vol 418 cc1038-40W
Sir Nicholas Winterton

To ask the Secretary of State for Health (1) for what reasons his Department opposed the application to the High Court in London brought by the Health Food Manufacturers Association, the National Association of Health Stores and Consumers for Health Choice for leave to appeal to the European Court of Justice against the provisions of the Food Supplements Directive; upon what date the case was heard; what the outcome of the case was; and if he will make a statement; [155194]

(2) if he will make funds available to the Health Food Manufacturers Association, the National Association of Health Stores, and Consumers for Health Choice to enable them to proceed to the European Court of Justice with their case relating to the Food Supplements Directive; [155195]

(3) on what date in 2003 the Minister for Public Health met industry representatives to discuss their concerns about the Food Supplements Directive; on what date the Minister subsequently approached the office of Commissioner Byrne to seek a meeting to discuss those issues; on what dates the approach was subsequently pursued; and if he will make a statement on the reasons for the failure so far to arrange such a meeting. [155196]

(4) when the Minister for Public Health next expects to meet representatives of the Health Food Manufacturers Association, the National Association of Health Stores, and Consumers for Health Choice to discuss their concerns about the Food Supplements Directive; and what progress the Minister will report at that meeting; [155197]

(5) what information he has received about the timing of the case being taken to the European Court of Justice in relation to the Food Supplements Regulations; what assistance he intends to give the Health Food Manufacturers Association and the National Association of Health Stores in preparing that case; and if he will make a statement. [155198]

Miss Melanie Johnson

The National Association of Health Stores (NAHS) and The Health Food Manufacturers' Association (HFMA) have challenged The Food Supplements (England) Regulations 2003 and The Food Supplements (Wales) Regulations 2003 on grounds that the underlying Directive is in part invalid because of incompatibility with Community law. They sought a reference to the European Court of Justice (ECJ) regarding the validity of the relevant parts of the Directive and then the quashing of the relevant part of the England and Wales Regulations.

At a hearing on 30 January 2004 the judge gave permission for judicial review of the Regulations and ordered that there be a reference to the ECJ for a preliminary ruling in respect of the validity of the Directive. Formal reference to the ECJ is likely to take place around the end of February. I understand that the ECJ takes approximately 24 months to give a preliminary ruling; however the national court will request expedition by the ECJ.

Article 10 of the European Community Treaty imposes a duty on member states to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaty or resulting from action taken by institutions of the Community. The Government had a responsibility to ensure that the full arguments concerning the validity of the Directive were put before the court, so that it could see the reasoning on both sides before deciding whether to grant permission for the case to proceed and whether to order that a reference be made to the ECJ.

The Government have no plans to make funds available to the claimants. At the appropriate point the United Kingdom like other member states will decide on what if any observations it will make to the ECJ.

I met with industry representatives to discuss their concerns about the Food Supplements Directive on 7 October 2003.

Since then I have been seeking to arrange a discussion about the setting of EC maximum permitted levels for vitamins and minerals in food supplements with Commissioner Byrne at the earliest practical opportunity. As to the timing of this meeting, it should be noted that we do not expect the Commission's proposal on maximum levels for another two to three years and there are currently no formal EC discussions on maximum levels under way.

I have no current plans to meet representatives of the Health Food Manufacturer's Association, the NAHS and Consumers for Health Choice again. However, I will consider a further meeting when I have discussed maximum levels with Commissioner Byrne and the industry has experience of submitting safety dossiers to the European Food Safety Authority so that discussions can also cover how that process is working.