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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Council Directives 2001/110/EC relating to honey, 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption, and 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption

(COM(2023)0201 – C9140/2023 – 2023/0105(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0201),

– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9140/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 21 September 2023,

– having regard to the opinion of the Committee of the Regions of ...,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Agriculture and Rural Development,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0385/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) Council Directive 2001/110/EC20 lays down definitions, names, common rules on composition and labelling requirements for honey.

(2) Council Directive 2001/110/EC20 lays down definitions, names, common rules on composition, quality, and labelling requirements for honey.

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20 Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).

20 Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).

Amendment 2

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) In light of the close link between the quality of honey and its origin and the need for the consumer not to be misled regarding the quality of the product, Directive 2001/110/EC lays down rules on the labelling of the origin where the honey has been harvested. In particular, Article 2(4) of that Directive requires the country or countries of origin where the honey has been harvested to be indicated on the label and provides that, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EU honeys’, ‘blend of non-EU honeys’, ‘blend of EU and non-EU honeys’. The different rules adopted on this basis by Member States may have misled consumers and may have hindered the functioning of the internal market. In the light of the Farm to Fork Strategy’s objective of strengthening consumers in making informed choices, including on the origin of their food, and in the interest to preserve the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, it is appropriate to revise the rules for honey origin labelling and provide that the country or countries of origin should be mentioned on the packaging. In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, it is therefore appropriate to exempt those packs from the obligation of listing all individual countries of origin, where the honey originates in more than one country.

(3) In light of the close link between the quality of honey and its origin and the need for the consumer not to be misled regarding the quality of the product, Directive 2001/110/EC lays down rules on the labelling of the origin where the honey has been harvested. In particular, Article 2(4) of that Directive requires the country or countries of origin where the honey has been harvested to be indicated on the label and provides that, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EU honeys’, ‘blend of non-EU honeys’, ‘blend of EU and non-EU honeys’. The different rules adopted on this basis by Member States may have misled consumers and may have hindered the functioning of the internal market. In the light of the objectives of the Green Deal and the objective of the Farm to Fork Strategy of strengthening consumers in making informed choices, including on the geographical origin of their food, and in the interest to preserve the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, it is appropriate to revise the rules for honey origin labelling and provide that the country or countries of origin should be mentioned in descending order, according to their respective share in percentage of the weight of the honey contained in the pack, on the packaging. Given the particular interest shown by consumers in the geographical origin of honey, in relation to its characteristics and quality, and the need for complete transparency in this sector, the country or countries of origin, namely where the honey was harvested should appear on the label in the same visual field as the product indication. In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, for such small packs only, where the honey originates in more than one country, it should be possible to indicate the countries of origin on the label by using the respective ISO country code.

Amendment 3

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) The Commission reports on honey counterfeiting from ‘EU coordinated action From the Hives’ and ‘EU coordinated action to deter certain fraudulent practices in the honey sector’ highlight that a high percentage of imported honey is suspected of being adulterated and confirm a number of fraud cases in the honey sector, including the use of sugar syrups that are very difficult to detect even with sophisticated analytical methods. Directive 2001/110/EC should empower the Commission to establish appropriate methods of analysis to ensure that honey marketed in the Union complies with the requirements of the legislation. Measures and provisions should be taken to limit the possibilities of fraud, facilitate controls and allow better traceability and analysis of the quality and origin of honey. In this context, the requirements laid down in this Directive to indicate the countries of origin with their respective percentages on the label should also create the preconditions for the implementation of a complete traceability system. Access to detailed and complete information on the origin and composition of the honey would make it easier for the honey analysis laboratories to verify the geographical indication on the honey packaging and to detect fraud. To ensure accuracy of the information on the country of origin of the honey, the placing on the market should be conditional upon the accuracy of the information provided on the composition of the product. To ensure compliance of products with the requirements set out in this Directive, regular and risk-based checks should be performed by competent authorities of Member States.

Amendment 4

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission

Amendment

(3b) In order to limit as much as possible fraud linked to adulterated products that do not correspond to the designation of ‘honey’, to enable the validation of information provided about the honey’s origin and quality, and to provide utmost transparency, the Union rules on traceability should be supplemented with a minimum of compulsory, harmonised rules and the introduction of a traceability system that ensures the availability of and access to essential information concerning the origin of the honey or honey in a blend, including country of origin, year of production and unique producer identifier, along the supply chain. For honeys produced and imported into the Union, competent authorities of Member States should be able to follow the entire chain back to the harvesting beekeepers or, in the case of imported honeys, to the producer. Those rules should not add to the administrative burden of the producers, but should make it easier for consumers and the supervisory authorities to keep track of the honey's entire journey from harvesting to bottling.

Amendment 5

Proposal for a directive

Recital 3 c (new)

Text proposed by the Commission

Amendment

(3c) The term ‘filtered honey’ used in Directive 2001/110/ECtends to be misinterpreted by consumers, who do not distinguish between ultrafiltration and filtration carried out by beekeepers after extracting their honey to remove particles of wax and other foreign matter. To ensure accurate information is available for consumers and the traceability and verifiability of honey authenticity and honey origins, ultrafiltered honey, referred to in Directive 2001/110/EC as ‘filtered honey’, should no longer be allowed to be marketed and labelled as "honey". Ultrafiltration refers to filtration processes using a filter mesh of a size under 100 µm thus removing the majority of the pollen from honey. Since pollen is the key element present in honey used to trace its origin when analysed, the absence of pollen in honey makes it almost impossible to verify the data provided regarding the country or countries of origin of the honey. Ultrafiltration thus alters honey by depriving it of one of its main components and characteristics, and prevents its traceability, thus enabling fraud and misleading indications for consumers. If, when tested, a product marketed as honey presents little or no trace of pollen, it, as well as the batch it is part of, if applicable, should be prohibited from being placed on the market. Annex II to Directive 2001/110/EC should therefore be amended accordingly to specify the level of filtration permitted. Such level should be such as to not significantly alter the density and pollen spectrum of the honey, but should be such as to remove most of the foreign matter in the honey.

Amendment 6

Proposal for a directive

Recital 3 d (new)

Text proposed by the Commission

Amendment

(3d) Heat treatment above 40°C (± 5°C) causes degradation of certain constituents of honey, and consumers should be enabled to differentiate between honeys that have been degraded by such heat treatments and other honeys. If honey is treated above 40°C (+- 5°C), the term ‘heated honey’ should therefore appear on the label. In order to control the absence of thermal degradation of honey, a minimum threshold should be set for the presence of invertase in honey, an enzyme that is much more sensitive and degrades very rapidly at high temperatures. Since heating honey can involve modifying its natural properties, it is important to establish a threshold above which baker´s honey is considered as overheated in accordance with Directive 2001/110/EC.

Amendment 7

Proposal for a directive

Recital 3 e (new)

Text proposed by the Commission

Amendment

(3e) Both the definition of honey in Directive 2001/110/EC and that in the Codex Alimentarius clearly specify the work carried out by bees in the hive after they have harvested their crop, which they transform by combining it with specific materials of their own, deposit, dehydrate, store, and leave to ripen in the combs of the hive. Dehydration followed by ripening are operations carried out by the bees. Outside the Union, some countries accept that the work of bees is limited to harvesting nectar secretions from plants or honeydew in the production of honey. Unripe honeys produced in this way have a moisture content well in excess of the 20% threshold laid down in Directive2001/110/EC. Operators work with heated vats under a vacuum to limit the boiling temperature of the water in the honey. However, this process degrades the final product, depleting its aromas and enzymes. Directive 2001/110/EC should therefore prohibit that vacuum evaporation process for honeys.

Amendment 8

Proposal for a directive

Recital 3 f (new)

Text proposed by the Commission

Amendment

(3f) The commercialisation of honeys that are not naturally matured by bees, most of which are imported from third countries, distorts competition on the Union market. In most cases, this involves vacuum evaporation of the water contained in the honey, which results in a depletion of the aromas naturally present. The rapid and artificial evaporation of water from honey competes with the slow dehumidification process carried out naturally by bees in the hive. Artificial evaporation should therefore be prohibited.

Amendment 9

Proposal for a directive

Recital 3 g (new)

Text proposed by the Commission

Amendment

(3g) The definition of honey, as laid down in Directive 2001/110/EC, should be defended at the International Organization for Standardization (ISO), to avoid a definition that would allow low-cost products to be exported under the name of "honey", to the detriment of the quality and stability of the Union honey market and consumer confidence in Union products.

Amendment 10

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) Member States and the Commission should take into account the One Health approach to ensure that the links between human and animal health and the environment are respected. Food and food production need to be healthy for humans and animals and should take into account animal welfare and planetary boundaries including greenhouse gas emissions to ensure that the binding targets set by Regulation (EU) 2021/1119 of the European Parliament and of the Council*are fully respected.

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* Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)(OJ L 243, 9.7.2021, p. 1).

Amendment 11

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) In 2012, Directive 2001/112/EC was amended by Directive 2012/12/EU of the European Parliament and of the Council22 to reflect the new rules on authorised ingredients, such as those pertaining to the addition of sugars, which were no longer authorised in fruit juices. In the light of this change of compositional requirements for fruit juices, the fruit juice industry was allowed to use, for one year only, a statement indicating that no fruit juices contain added sugars, in order to inform consumers and enable them to make an immediate clear distinction between fruit juices and other certain similar products in terms of the addition of sugars in the products. This short time-span proved insufficient to inform society that, following the new rules on authorised ingredients, the addition of sugars is no longer authorised in fruit juices. As a result, for some of the consumers and health practitioners, it is still not clear that fruit juices, contrary to fruit nectars, cannot contain added sugars.

(5) In 2012, Directive 2001/112/EC was amended by Directive 2012/12/EU of the European Parliament and of the Council22 to reflect the new rules on authorised ingredients, such as those pertaining to the addition of sugars, which were no longer authorised in fruit juices. In the light of this change of compositional requirements for fruit juices, the fruit juice industry was allowed to use, for one year only, a statement indicating that no fruit juices contain added sugars, in order to inform consumers and enable them to make an immediate clear distinction between fruit juices and other certain similar products in terms of the addition of sugars in the products. This short time-span proved insufficient to inform society that, following the new rules on authorised ingredients, the addition of sugars is no longer authorised in fruit juices. As a result, for some of the consumers and health practitioners, it is still not clear that fruit juices, contrary to fruit nectars, cannot contain added sugars. Consuming too many free sugars or non-sugar sweeteners is linked to adverse health effects. Products such as processed juices or nectars that promote reduced sugar levels are often not a healthier option than products with natural or no added sugar and are not suitable as a substitute for fresh fruits or vegetables. To provide clarity for consumers and health practitioners, misleading labelling that encourages substitution of fruits or other nutritious food with processed juices or nectars should not be allowed. Member States and the Commission should respect the results of the EFSA study on Tolerable upper intake level for dietary sugars, especially the recommendation that free and added sugars need to be classed together in terms of the health outcomes for citizens. By 31 December 2024, the Commission should submit a proposal to revise Regulation (EU) No 1169/2011 of the European Parliament and of the Council to better inform consumers about the presence and amount of free and added sugars in a product.

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22 Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ L 115, 27.4.2012, p. 1).

22 Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ L 115, 27.4.2012, p. 1).

* Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

Amendment 12

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) In light of the Green Deal and the Farm to Fork Strategy’s objective of supporting consumers in making informed choices, including on the geographical origin of their food, and in the interest of preserving the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, in line with the current legislation on fresh fruits, it is appropriate to revise the rules for fruit juices and provide that the country or countries of origin of the fruits used for producing fruit juices should be indicated in descending order and with their respective percentages on the packaging.

Amendment 13

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) As a result of technical progress, new processing techniques have been or are being developed to entirely or partially remove naturally occurring sugars in fruit juices and fruit juices from concentrate, in order to address the growing consumer demand for products with a lower sugar content. Such products can be marketed in the Union to the extent that they comply with all relevant legislation. However, those products are obtained by applying a treatment that is not one of the authorised treatments in Part II, point 3, of Annex I to Directive 2001/112/EC and their total sugar content, known as Brix level for an aqueous solution, is lower than that of juice extracted from the fruit. As a result, they may not bear the product name ‘fruit juice’ or ‘fruit juice from concentrate’.

(8) As a result of technical progress, new processing techniques have been or are being developed to entirely or partially remove naturally occurring sugars in fruit juices and fruit juices from concentrate, in order to address the growing consumer demand for products with a lower sugar content. Those new techniques should not lead to the use of sweeteners or additives to compensate for the effect of sugar reduction on the taste, texture and quality of the final product. Such products can be marketed in the Union to the extent that they comply with all relevant legislation. However, those products are obtained by applying a treatment that is not one of the authorised treatments in Part II, point 3, of Annex I to Directive 2001/112/EC and their total sugar content, known as Brix level for an aqueous solution, is lower than that of juice extracted from the fruit. As a result, they may not bear the product name ‘fruit juice’ or ‘fruit juice from concentrate’.

Amendment 14

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) Such products are becoming increasingly available on the Union market. In order to facilitate the placing on the internal market of those products, taking also into account the need to encourage product reformulation to reduce the amount of sugars present in fruit juices, a new category of products should be created for fruit juices whose naturally occurring sugars have been entirely or partially removed while keeping all the other essential physical, chemical, organoleptic and nutritional characteristics. These products should bear the product name ‘reduced-sugar fruit juice’ or ‘reduced-sugar fruit juice from concentrate’ and to have a Brix level lower than that of the juice extracted from the fruit. In order to ensure consistency with Regulation (EC) No 1924/2006 the reduction of sugar content should be at least 30 % compared to fruit juice and fruit juice from concentrate. It is therefore appropriate to add the new category of products in Part I of Annex I to Directive 2001/112/EC as well as to lay down rules on the authorised ingredients for those products, as well as the authorised treatments and substances.

(9) Such products are becoming increasingly available on the Union market. In order to facilitate innovation that reduces the amount of sugars present in fruit juices and the placing on the internal market of those products, a new category of products should be created for fruit juices whose naturally occurring sugars have been entirely or partially removed while keeping all the other essential physical, chemical, organoleptic and nutritional characteristics. Any form of additional sugar or sweetener, whether natural or artificial, should be strictly prohibited in those products. These products should bear the product name ‘reduced-sugar fruit juice’ or ‘reduced-sugar fruit juice from concentrate’ and have a Brix level lower than that of the juice extracted from the fruit. In order to ensure consistency with Regulation (EC) No 1924/2006 the reduction of sugar content should be at least 30 % compared to fruit juice and fruit juice from concentrate. It is therefore appropriate to add the new category of products in Part I of Annex I to Directive 2001/112/EC as well as to lay down rules on the authorised ingredients for those products, as well as the authorised treatments and substances.

Amendment 15

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) Where the quantity of fruit used to manufacture jams and jellies is increased, the amount of added sugar needed to reach the minimum content of soluble dry matter in these products is reduced. In order to stimulate the production of jams with an increased level of fruit content and thus support the fruit market while taking into account the need to reduce free sugar content, the minimum quantity of fruit to be used in the manufacture of jam, and extra jam laid down in Annex I to Directive 2001/113/EC should be increased. In order to stimulate the production of jellies with an increased level of fruit content and thus support the fruit market, the minimum quantity of fruit to be used in the manufacture of jelly and extra jelly laid down in Annex I to Directive 2001/113/EC should be increased. Similarly, in view of helping consumers to make better informed, healthy food choices, it is appropriate to authorise the use of the reserved names defined in Part I of that Annex for products which have a soluble dry matter content of less than 60 % but meet the conditions applying to the nutrition claim ‘reduced sugars’ laid down in the Annex to Regulation (EC) No 1924/2006 as regards reduced sugar.

(16) Where the quantity of fruit used to manufacture jams and jellies is increased, the amount of added sugar needed to reach the minimum content of soluble dry matter in these products is reduced. In order to stimulate the production of jams with an increased level of fruit content and thus support the fruit market while taking into account the need to reduce free sugar content, the minimum quantity of fruit to be used in the manufacture of jam, and extra jam laid down in Annex I to Directive 2001/113/EC should be increased. In order to stimulate the production of jellies with an increased level of fruit content and thus support the fruit market, the minimum quantity of fruit to be used in the manufacture of jelly and extra jelly laid down in Annex I to Directive 2001/113/EC should be increased. Moreover, all components should be indicated on the label and a reduction in sugar content should not be compensated for with sweeteners. Similarly, in view of helping consumers to make better informed, healthy food choices, it is appropriate to authorise the use of the reserved names defined in Part I of that Annex for products which have a soluble dry matter content of less than 60 % but meet the conditions applying to the nutrition claim ‘reduced sugars’ laid down in the Annex to Regulation (EC) No 1924/2006 as regards reduced sugar.

Amendment 16

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) In light of the Green Deal and the Farm to Fork Strategy’s objective of supporting consumers in making informed choices, including on the geographical origin of their food, and in the interest of preserving the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, in line with the current legislation on fresh fruits, it is appropriate to revise the rules for jams, jellies, marmalades and sweetened chestnut purée and provide that the country or countries of origin of the fruits used for obtaining such products should be indicated in descending order and with their respective percentages on the packaging.

Amendment 17

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) In order to allow Member States to adopt national laws, regulations and administrative provisions necessary to comply with this Directive, a transposition period of 18 months should be established. In order to allow operators to sufficient time to adjust to the new requirements, those national provisions transposing this Directive should only apply from 24 months after the date of entry into force of this Directive.

(23) In order to allow Member States to adopt national laws, regulations and administrative provisions necessary to comply with this Directive, a transposition period of 12 months should be established. In order to allow operators to sufficient time to adjust to the new requirements, those national provisions transposing this Directive should only apply from 18 months after the date of entry into force of this Directive.

Amendment 18

Proposal for a directive

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Article 2 of Directive 2001/110/EC is amended as follows:

Directive 2001/110/EC is amended as follows:

Amendment 19

Proposal for a directive

Article 1 – paragraph 1 – point 1 a (new)

Directive 2001/110/EC

Article 2 – paragraph 2 – subparagraph 1

Present text

Amendment

(1a) In Article 2, paragraph 2, the first subparagraph is replaced by the following:

2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name ‘honey’, except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey.

"2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name ‘honey’, except in the case of comb honey, chunk honey or cut comb in honey and baker's honey.”

(02001L0110)

Amendment 20

Proposal for a directive

Article 1 – paragraph 1 – point 1 b (new)

Directive 2001/110/EC

Article 2 – paragraph 2 – subparagraph 2 – point b – introductory part

Present text

Amendment

(1b) In Article 2, paragraph 2, the introductory part of point b of the second subparagraph is replaced by the following:

(b) except in the case of filtered honey and baker's honey, the product names may be supplemented by information referring to:

“(b) except in the case of baker's honey, the product names may be supplemented by information referring to:”

(02001L0110)

Amendment 21

Proposal for a directive

Article 1 – paragraph 1 – point 1 c (new)

Directive 2001/110/EC

Article 2 – paragraph 2 – subparagraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(1c) In Article 2, paragraph 2, the following point is added:

“(ba) Each honey marketed with a different identification than that of the beekeeper shall have an identifier code linked to a traceability system that allows the competent authorities of Member States to trace back the entire supply chain of a given honey to beekeepers or harvesting operators in the case of imported honeys. Any personal information included in the traceability system shall be accessible to consumers only with the agreement of the producers of the lot or lots concerned. The traceability requirement set out in this point shall not apply to beekeepers with fewer than 150 hives."

Amendment 22

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2001/110/EC

Article 2 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) The country of origin where the honey has been harvested shall be indicated on the label. If the honey originates in more than one country, the countries of origin where the honey has been harvested shall be indicated on the label of packs containing more than 25 g;

(a) The country of origin where the honey has been harvested shall be indicated on the label. If the honey originates in more than one country, the countries of origin where the honey has been harvested shall be indicated on the label in descending order according to each country of origin’s share in weight of the honey contained in the pack, specifying the exact percentage for each country or the percentage range applicable for the country’s share as specified in point (aa).

If the honey has been harvested in third countries only, or if third countries account for at least 75% of the countries of origin of the honeys in a blend, that information shall be indicated clearly on the front label with either a statement “contains 75% or more of non-EU honey” or “non-EU honey”.

Amendment 23

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2001/110/EC

Article 2 – paragraph 4 – point a a (new)

Text proposed by the Commission

Amendment

(aa) for packs containing more than 30 g, the percentage share in weight for each country of origin shall be indicated on the label using one of the following ranges:

>90%

70%-90%

50%-70%

30%-50%

10%-30%

<10%

For packs containing 30 g or less, the percentage share in weight for each country of origin may be indicated on the label using one of the following ranges:

>75%%

50%-75%

25%-50%

<25%

Amendment 24

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2001/110/EC

Article 2 – paragraph 4 – point a b (new)

Text proposed by the Commission

Amendment

(ab) only for packs containing less than 30 g of blended honey originating in more than one country may the countries of origin be indicated on the label by using the ISO 3166 alpha-2 country code.

Amendment 25

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2001/110/EC

Article 2 – paragraph 4 – point a c (new)

Text proposed by the Commission

Amendment

(ac) if two or more countries together reflect at least 98% of the weight contained in the blend, the countries of origin for the residual quantities do not need to be indicated on the label.

Amendment 26

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2001/110/EC

Article 2 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) For the purposes of Regulation (EU) No 1169/2011 and in particular Articles 12 to 15 thereof, the particulars to be indicated according to point (a) of this paragraph shall be considered as mandatory particulars in accordance with Article 9 of that Regulation..

(b) except in the case of baker’s honey intended for industrial use, those names may be supplemented by information concerning the honey’s:

– floral or vegetable origin, if the product comes wholly or mainly from the indicated source and presents the organoleptic, physico-chemical and microscopic characteristics of the indicated origin;

– regional, territorial or topographical origin, if the product comes entirely from the indicated source;

– specific quality criteria.

Amendment 27

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive 2001/110/EC

Article 3

Present text

Amendment

(2a) Article 3 is replaced by the following:

"Article 3

In the case of filtered honey and baker's honey, bulk containers, packs and trade documents shall clearly indicate the full product name, as referred to in Annex I, point 2(b)(viii), and point 3.

In the case of honey intended for industrial uses such as baker’s honey, bulk containers, packaging and sales documentation shall clearly indicate the full product name as set out in point 3 of Annex I."

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02001L0110-20140623

Amendment 28

Proposal for a directive

Article 1 – paragraph 1 – point 2 b (new)

Directive 2001/110/EC

Article 4 a (new)

Text proposed by the Commission

Amendment

(2b) The following Article is inserted:

"Article 4a

1. The Commission shall adopt delegated acts no later than ... [the date 12 months from the date of entry into force of this Directive] to supplement this Directive by establishing a harmonised methodology to determine the precise origins of honey. That methodology shall enable competent authorities of Member States to trace honey back to its country or countries of origin by means of laboratory testing or any other method deemed appropriate.

2. From ... [OP: Please insert the date = 18 months from the date of entry into force of this Directive], the placing on the market of honey shall be conditional upon its compliance with the traceability requirements set out in this Article. Checks shall be carried out by competent authorities of Member States, to verify that the honey comes from the country or countries indicated on the label. The competent authorities shall carry out regular and risk-based checks to establish whether the relevant products that the operator or trader has placed or intends to place on the market comply with this Directive."

Amendment 29

Proposal for a directive

Article 1 – paragraph 1 – point 2 c (new)

Directive 2001/110/EC

Annex I – paragraph 2 – point b – point viii

Present text

Amendment

(2c) In Annex I, paragraph 2, point b, point viii is replaced by the following:

(viii) filtered honey

"(viii) unheated honey

Honey obtained by removing foreign inorganic or organic matter in such a way as to result in the significant removal of pollen.

Honey which has been extracted from the combs, decanted and then, if necessary, sieved. Honey so designated has not been heated to the extent that its enzymes and other thermally sensitive elements are degraded to such an extent that they no longer comply with the criteria laid down in points 6 and 6a of Annex II."

(02001L110)

Amendment 30

Proposal for a directive

Article 1 – paragraph 1 – point 2 d (new)

Directive 2001/110/EC

Annex II – paragraph 2

Present text

Amendment

(2d) In Annex II, paragraph 2 is replaced by the following:

When placed on the market as honey or used in any product intended for human consumption, honey shall not have added to it any food ingredient, including food additives, nor shall any other additions be made other than honey. Honey must, as far as possible, be free from organic or inorganic matters foreign to its composition. With the exception of point 3 of Annex I, it must not have any foreign tastes or odours, have begun to ferment, have an artificially changed acidity or have been heated in such a way that the natural enzymes have been either destroyed or significantly inactivated.

"When placed on the market as honey or used in any product intended for human consumption, honey shall not have added to it any food ingredient, including food additives, nor shall any other additions be made other than honey. Honey must be free from organic or inorganic matters foreign to its composition. With the exception of point 3 of Annex I, it must not have any foreign tastes or odours, have begun to ferment, have an artificially changed acidity or have been heated in such a way that the natural enzymes have been either destroyed or significantly inactivated, or have been exposed to vacuum evaporation. Honey, when marketed as such or used in any product intended for human consumption, must comply with the compositional characteristics set out in points 1 to 6. In addition, when marketed as "raw honey” or “virgin honey" it must also comply with the compositional characteristics set out in point 6a."

(02001L110)

Amendment 31

Proposal for a directive

Article 1 – paragraph 1 – point 2 e (new)

Directive 2001/110/EC

Annex II – paragraph 3

Present text

Amendment

(2e) In Annex II, paragraph 3 is replaced by the following:

Without prejudice to point 2(b)(viii) of Annex I, neither pollen nor any other constituent particular to honey, may be removed except where this is unavoidable in the removal of foreign inorganic or organic matter.

"No significant change in the pollen count or pollen spectrum of pollen smaller than 100 µm is permitted. No constituents of honey smaller than 100 µm may be removed."

(02001L110)

Amendment 32

Proposal for a directive

Article 1 – paragraph 1 – point 2 f (new)

Directive 2001/110/EC

Annex II – paragraph 6 a (new)

Text proposed by the Commission

Amendment

(2f) In Annex II, the following point is added:

"6a. invertase index (Gontarski unit) for ’unheated honey’. Determined after processing and blending. - generally, not less than 50 U/kg - honeys with a low natural enzyme content, not less than 25 U/kg."

Amendment 33

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point b a (new)

Directive 2001/112/EC

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

(ba) The following paragraph is inserted:

"3a. The country of origin of the fruit used to manufacture the juice shall be indicated on the front-label. If the fruit used originates in more than one country, the countries of origin shall be indicated on the label in descending order according to their proportion in the fruit juice."

Amendment 34

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point c

Directive 2001/112/EC

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. Without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council**, the statement ‘no fruit juices contain added sugars’ may appear on the label in the same field of vision as the name of the products referred to in Part I, point 1, of Annex I to this Directive.

4. Without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council**, the statement ‘contains only naturally occurring sugars’ may appear on the label in the same field of vision as the name of the products referred to in Part I, point 1, of Annex I to this Directive.

Amendment 35

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point d

Directive 2001/112/EC

Article 3 – paragraph 6

Text proposed by the Commission

Amendment

6. Without prejudice to Article 22 of Regulation (EU) No 1169/2011 for mixtures of fruit juice and fruit juice from concentrate, and for fruit nectar obtained entirely or partly from one or more concentrated products, the labelling shall bear the words ‘from concentrate(s)’ or ‘partially from concentrate(s)’, as appropriate. That information shall be entered close to the product name, standing out well from any background, in clearly visible characters.;

6. Without prejudice to Article 22 of Regulation (EU) No 1169/2011 for mixtures of fruit juice and fruit juice from concentrate, for reduced-sugar fruit juice, for reduced-sugar fruit juice from concentrate, and for fruit nectar obtained entirely or partly from one or more concentrated products, the labelling shall bear the words ‘from concentrate(s)’ or ‘partially from concentrate(s)’, as appropriate. That information shall be entered close to the product name, standing out well from any background, in clearly visible characters.;

Amendment 36

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point d a (new)

Directive 2001/112/EC

Article 3 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

(da) The following paragraph is added:

"7a. Claims regarding positive properties, such as health benefits, ingredients or nutritional value, in comparison to the natural fruits contained in the fruit juice or the products listed in Annex I, points 1 to 4, shall not be made on the labelling for reduced-sugar fruit juice or reduced-sugar fruit juice from concentrate referred to in Annex I, point 6."

Amendment 37

Proposal for a directive

Article 2 – paragraph 1 – point 2 a (new)

Directive 2001/112/EC

Article 10 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

(2a) In Article 10, the following second paragraph is inserted:

Part 1, point 6, of Annex I shall enter into force on the ... [12 months from the date on which a definition of ‘essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice’ has been added to this Directive.

Amendment 38

Proposal for a directive

Article 2 – paragraph 1 a (new)

Directive 2001/112/EC

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3a

By 31 December 2024, the Commission shall present a legislative proposal to amend Annex I in order to introduce a definition of “essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice”, covering the main fruits used in fruit juices. ’;

Amendment 39

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point b a (new)

Directive 2001/113/EC

Article 2 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

(b a) The following paragraph is inserted:

"4a. The country of origin of the fruits and sugar used to manufacture products defined in Annex I, shall be indicated on the label. If such a product is made of one type of fruit and the fruits used originate in more than one country, the countries of origin shall be indicated on the label in descending order according to each country of origin’s share in weight of the fruit and the sugar used to manufacture the product, specifying the exact percentage for each country or the percentage range applicable for the country’s share.

For products using a mix of different fruits originating from more than one country, the countries of origin shall be indicated on the label in descending order according to each country of origin’s share in weight of the fruits used to manufacture the product.

The percentage share in weight for each country of origin shall be indicated on the label of the packs using the following ranges:

>90%

70%-90%

50%-70%

30%-50%

10%-30%

<10%

For packs containing 30 g or less, the percentage share in weight for each country of origin may be indicated on the label using one of the following ranges:

>75%

50%-75%

25%-50%

<25%

Only for packs containing less than 30 g may the countries of origin be indicated on the label by using the ISO 3166 alpha-2 country code."

Amendment 40

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point c

Directive 2001/113/EC

Article 2 – paragraph 6

Text proposed by the Commission

Amendment

6. Where the residual content of sulphur dioxide is more than 10 mg/kg, its presence shall be indicated on the list of ingredients by way of derogation from Article 20 of Regulation (EU) No 1169/2011.;

6. Residual content of sulphur dioxide shall be indicated on the list of ingredients;

Amendment 41

Proposal for a directive

Article 5 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall adopt and publish, by [OP please insert the date = 18 months after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Member States shall adopt and publish, by [OP please insert the date = 12 months after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 42

Proposal for a directive

Article 5 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

They shall apply those provisions from [OP please insert the date = 24 months after the date of entry into force of this Directive].

They shall apply those provisions from [OP please insert the date = 18 months after the date of entry into force of this Directive].

Amendment 43

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

Products which are placed on the market or labelled before [OP please insert the date = 24 months after the date of entry into force of this Directive], in accordance with Directives 2001/110/EC, 2001/112/EC, 2001/113/EC and 2001/114/EC, may continue to be marketed until the exhaustion of stocks.

Products which are placed on the market or labelled before [OP please insert the date = 18 months after the date of entry into force of this Directive], in accordance with Directives 2001/110/EC, 2001/112/EC, 2001/113/EC and 2001/114/EC, may continue to be marketed until the exhaustion of stocks.

Amendment 44

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Amendment 45

Proposal for a directive

Annex I – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Annexes I and III to Directive 2001/112/EC are amended as follows:

Annexes I, III and V to Directive 2001/112/EC are amended as follows:

Amendment 46

Proposal for a directive

Annex I – paragraph 1 – point 1 – point a

Directive 2001/112/EC

Annex I – Part I – point 6 – point a – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Any form of additional sugar or sweetener, whether natural or artificial, is strictly prohibited in reduced-sugar fruit juice.

Amendment 47

Proposal for a directive

Annex I – paragraph 1 – point 1 – point a

Directive 2001/112/EC

Annex I – Part I – point 6 – point a – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Any form of additional sugar or sweetener, whether natural or artificial, is strictly prohibited in reduced-sugar fruit juice from concentrate.

Amendment 48

Proposal for a directive

Annex I – paragraph 1 – point 1 – point b – point ii – indent 2

Directive 2001/112/EC

Annex I – Part II – point 3 – indent 14

Text proposed by the Commission

Amendment

– Processes to remove naturally occurring sugars, to the extent that they maintain all the other essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice of the fruit from which it comes: membrane filtration, yeast fermentation.;

– for reduced-sugar fruit juice and reduced-sugar fruit juice from concentrate: processes to reduce naturally occurring sugars, to the extent that they maintain all the other essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice of the fruit from which it comes: membrane filtration, yeast fermentation.;

Amendment 49

Proposal for a directive

Annex I – paragraph 1 – point 2 a (new)

Directive 2001/112/EC

Annex V – row 20 a (new)

Text proposed by the Commission

Amendment

(2a) In Annex V, the following row is added :

"Common Name of the Fruit: Blood Orange

Botanical Name: Citrus × sinensis

Minimum Brix levels: 10"

Amendment 50

Proposal for a directive

Annex II – paragraph 1 – point 1 – point b

Directive 2001/113/EC

Annex I – Part I – indent 5

Text proposed by the Commission

Amendment

– ‘Citrus marmalade’ is a mixture, brought to a suitable gelled consistency, of water, sugars and one or more of the following products obtained from citrus fruit: pulp, purée, juice, aqueous extracts and peel.

– ‘ Citrus marmalade’ is a mixture, brought to a suitable gelled consistency, of water, sugars and one or more of the following products obtained from citrus fruit: pulp, purée, juice, aqueous extracts and peel. In the name 'citrus marmalade', the term 'citrus' may be replaced by the name of the citrus fruit used.

EXPLANATORY STATEMENT

The aim of revision of the ‘breakfast directives’ is to address the challenges of sustainable food systems in line with the EU Green Deal and the ‘Farm to Fork’ Strategy, taking into account the link between "healthy people, healthy societies and a healthy planet". The revision envisages the harmonisation of marketing standards to facilitate the uptake and supply of sustainable products and seeks ways to contribute to healthy diets as well as more transparency on the composition and origin of food products.

The Rapporteur welcomes the Commission proposal as an ambitious and balanced starting point for the legislative process. The Rapporteur especially appreciates the intention to harmonise and align marketing standards, to respond to consumer demand for transparent information about food ingredients, composition and origin of products and to update the legal framework in view of technological advancements.

Recently published EU reports on fraudulent practices linked to imported honey and high demand for more transparent and accurate information by consumers and stakeholders regarding the origin and composition of the honey call for determined action.

In this regard, the Rapporteur proposes a more ambitious approach regarding the labelling of honey, while taking into account practical needs of producers and packers of honey and other industries. Concretely, the Rapporteur proposes that the countries of origin should be mentioned in descending order, indicating their respective share in percentage of the weight on the packaging. For reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, a simplified percentage range and the use of the internationally harmonised two-digit ISO country codes should be applicable.

The Rapporteur supports the intention of the Commission proposal to stimulate the production of jams with an increased level of fruit content and support the fruit market while taking into account the need to reduce free sugar content. However, for reasons of quality, and to prevent negative effects on preservability and food waste and consequently higher costs, the Rapporteur suggests slightly lower minimum quantities of fruit to be used in the manufacture of jams and jellies laid down in Annex I to Directive 2001/113/EC than proposed by the Commission.

For sugar-reduced juices, the report supports the aim to harmonise the internal market, enabling product reformulation and innovative processes to reduce sugar by creating a dedicated category of products for sugar-reduced fruit juices. To maintain highest quality standards and transparency for consumers, the Rapporteur suggests avoiding potentially confusing or misleading information, such as claims and comparisons with natural fruit juices suggesting that products with reduced natural sugar would be healthier. In this regard, the Rapporteur suggests avoiding advertising sugar-reduced juices as products that have higher health benefits than the regular juices containing only natural sugar.

To accelerate harmonisation of market rules and improvements of transparency for consumers and since the adjustments are considered to be manageable in scope and complexity the Rapporteur proposes a more ambitious timeline and to speed up the process of implementation.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Entity and/or person

BEUC

AIJN - European Fruit Juice Association

Copa-Cogeca

DBV

AK Konsumentenschutz

Biene Österreich

Austria Juice Group

FEEDM

FRUCOM

Deutscher Imkerbund

Österreichischer Erwerbsimkerbund

European Commission

Wiener Bezirksimkerei

Belgian PermRep

Spanish Perm Rep

Austrian Perm Rep

Slovenian Perm Rep

Landwirtschaftskammer Österreich

Wirtschaftskammer Österreich

Fachverband der Nahrungs- und Genussmittelindustrie

Raiffeisenverband

IV

Adolf Darbo AG

Rauch Fruchtsäfte GmbH & Co OG

Bundesministerium für Land- und Forstwirtschaft, Regionen und Wasserwirtschaft

Government of Flanders

Hague Company

Kairos Affaires Publiques

Profel Europe

Verband der deutschen Fruchtsaft-Industrie e.V. b(VdF)

Better Juice

CEFS

GEA Group AG

Pfanner GmbH

Agrana Beteiligungs-AG

Spitz GmbH

IV

The list above is drawn up under the exclusive responsibility of the rapporteur.

17.11.2023

OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a directive of the European Parliament and of the Council amending Council Directives 2001/110/EC relating to honey, 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption, and 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption

(COM(2023)0201 – C90140/2023 – 2023/0105(COD))

Rapporteur for opinion: Emmanouil Fragkos

SHORT JUSTIFICATION

Key to symbols:

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Amending Council Directives 2001/110/EC relating to honey, 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption, and 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption

References

COM(2023)0201 – C9-0140/2023 – 2023/0105(COD)

Date submitted to Parliament

21.4.2023

Committee responsible

Date announced in plenary

ENVI

8.5.2023

Committees asked for opinions

Date announced in plenary

IMCO

8.5.2023

AGRI

8.5.2023

Not delivering opinions

Date of decision

IMCO

23.5.2023

Rapporteurs

Date appointed

Alexander Bernhuber

21.6.2023

Discussed in committee

20.9.2023

Date adopted

29.11.2023

Result of final vote

+:

–:

0:

73

2

10

Members present for the final vote

Mathilde Androuët, Maria Arena, Margrete Auken, Traian Băsescu, Hildegard Bentele, Sergio Berlato, Alexander Bernhuber, Malin Björk, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Maria Angela Danzì, Esther de Lange, Christian Doleschal, Bas Eickhout, Cyrus Engerer, Pietro Fiocchi, Malte Gallée, Gianna Gancia, Andreas Glück, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Adam Jarubas, Karin Karlsbro, Petros Kokkalis, Joanna Kopcińska, Peter Liese, Javi López, César Luena, Marian-Jean Marinescu, Lydie Massard, Liudas Mažylis, Marina Mesure, Tilly Metz, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Nikos Papandreou, Jutta Paulus, Francesca Peppucci, Jessica Polfjärd, Erik Poulsen, Sándor Rónai, Maria Veronica Rossi, Silvia Sardone, Christine Schneider, Ivan Vilibor Sinčić, Maria Spyraki, Nils Torvalds, Edina Tóth, Achille Variati, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Anna Zalewska

Substitutes present for the final vote

João Albuquerque, Antoni Comín i Oliveres, Rosanna Conte, Nicolás González Casares, Irena Joveva, Radan Kanev, Norbert Lins, Max Orville, Manuela Ripa, Robert Roos, Massimiliano Salini, Róża Thun und Hohenstein

Substitutes under Rule 209(7) present for the final vote

Laura Ballarín Cereza, Franc Bogovič, Marie Dauchy, Eider Gardiazabal Rubial, Jarosław Kalinowski, Javier Moreno Sánchez, Thomas Rudner, Juan Ignacio Zoido Álvarez

Date tabled

4.12.2023

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

Key to symbols: