Sittings · Document
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
Committee on the Environment, Public Health and Food Safety · Rapporteur: Alexander Bernhuber
PR_COD_1amCom
Symbols for procedures
* Consultation procedure
*** Consent procedure
***I Ordinary legislative procedure (first reading)
***II Ordinary legislative procedure (second reading)
***III Ordinary legislative procedure (third reading)
(The type of procedure depends on the legal basis proposed by the draft act.)
Amendments to a draft act
Amendments by Parliament set out in two columns
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Amendments by Parliament in the form of a consolidated text
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.
By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
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 [date],
– 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 (A90000/2023),
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 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. 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.
Or. en
Amendment 2
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 nine 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 12 months after the date of entry into force of this Directive.
Or. en
Justification
Improvements in transparency for customers should not unnecessarily be delayed. Since the adjustments are manageable in scope and complexity, a more ambitious timeline deems to be realistic.
Amendment 3
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).
Or. en
Justification
The aim is to give the consumer a as transparent and exact as possible information on the geographical origin of the honey, without publishing sensitive information such as exact recipes, thus the option to provide a range instead of percentages.
Amendment 4
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%
Or. en
Justification
The aim is to give the consumer an as transparent and exact as possible information on the geographical origin of the honey, without publishing sensitive information such as exact recipes, thus the option to provide a range instead of percentages. If there are two or more countries of origin within one percentage range, it is sufficient to mention the percentage range once. Example: "50-70% Romania, 10%-30% Germany, Austria, 0%-10% Finland".
Amendment 5
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) For packs containing less than 30 g of blended honey originating in more than one country, each country of origin may be indicated on the label by using the ISO 3166 alpha-2 country code.
Or. en
Justification
As for small packs (breakfast packs) containing 30g or less often used in catering/tourism etc, space is limited, a simplified labeling shall be possible using the ISO country codes
Amendment 6
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 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.
Or. en
Justification
While preserving full transparency for consumers on the countries of origin and the need to publish all countries of origin, this should allow for some flexibility that might be needed to reflect the fact that small variations or residual quantities of other origins might be contained in blends due to the production process.
Amendment 7
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d a (new)
Directive 2001/112/EC
Article 3 – paragraph 7 a
Text proposed by the Commission
Amendment
‘7a. Claims regarding positive properties, such as health benefits, ingredients or nutritional value, in comparison to 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.’
Or. en
Justification
If naturally occurring sugar has been removed this should be made transparent for consumers and not be used for potentially misleading information or advertisement that suggests that the product would contain less calories or be a healthier alternative or that juices with natural fruit sugar would be unhealthy. Examples of claims that should not be allowed: "healthier than natural juice" "-30% sugar compared to apple juice".
Amendment 8
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 = nine 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.
Or. en
Justification
Improvements in transparency for customers should not be unnecessarily delayed. Since the adjustments are manageable in scope and complexity a more ambitious timeline deems to be realistic.
Amendment 9
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 = 12 months after the date of entry into force of this Directive].
Or. en
Justification
Improvements in transparency for customers should not be unnecessarily delayed. Since the adjustments are manageable in scope and complexity a more ambitious timeline deems to be realistic.
Amendment 10
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.
Or. en
Amendment 11
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 13 a (new)
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 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.;
Or. en
Justification
Innovative processes to reduce sugar shall be enabled to produce sugar-reduced fruit juices and concentrates and potential application transparent for consumers.
Amendment 12
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part 1 – indent 1 – subparagraph 3 – indent 1
Text proposed by the Commission
Amendment
– 450 g as a general rule,
– 400 g as a general rule,
Or. en
Amendment 13
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part 1 – indent 1 – subparagraph 3 – indent 2
Text proposed by the Commission
Amendment
– 350 g for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,
– 300 g for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,
Or. en
Amendment 14
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part 1 – indent 1 – subparagraph 3 – indent 3
Text proposed by the Commission
Amendment
– 250 g for ginger,
– 200 g for ginger,
Or. en
Amendment 15
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part 1 – indent 1 – subparagraph 3 – indent 4
Text proposed by the Commission
Amendment
– 230 g for cashew apples,
– 200 g for cashew apples,
Or. en
Amendment 16
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 1 – subparagraph 3 – indent 5
Text proposed by the Commission
Amendment
– 80 g for passion fruit.
– 70 g for passion fruit.
Or. en
Amendment 17
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 2 – subparagraph 4 – indent 1
Text proposed by the Commission
Amendment
– 550 g as a general rule,
– 500 g as a general rule,
Or. en
Amendment 18
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part 1 – indent 2 – subparagraph 4 – indent 2
Text proposed by the Commission
Amendment
– 450 g for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,
– 400 g for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,
Or. en
Amendment 19
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part 1 – indent 2 – subparagraph 4 – indent 3
Text proposed by the Commission
Amendment
– 350 g for ginger,
– 300 g for ginger,
Or. en
Amendment 20
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part 1 – indent 2 – subparagraph 4 – indent 4
Text proposed by the Commission
Amendment
– 290 g for cashew apples,
– 260 g for cashew apples,
Or. en
Amendment 21
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 2 – subparagraph 4 – indent 5
Text proposed by the Commission
Amendment
– 100 g for passion fruit.;
– 90 g for passion fruit.;
Or. en
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.