Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸7 unchanged paragraphs

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)

The European Parliament,

– 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,

Changed– having regard to the opinion of the European Economic and Social Committee of [date],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,

Changed– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A90000/2023),(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.

Change 1

RemovedRecital 3: (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…

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

RemovedRecital 23: (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.

AddedRecital 3: (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 interes…

RemovedImprovements 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.

AddedRecital 3 a (new): (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 p…

AddedRecital 3 b (new): (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.

AddedRecital 3 c (new): (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 …

AddedRecital 3 d (new): (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.

AddedRecital 3 e (new): (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.

AddedRecital 3 f (new): (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.

AddedRecital 3 g (new): (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.

AddedRecital 4 a (new): (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. / * 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).

AddedRecital 5: (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 n…

AddedRecital 7 a (new): (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.

AddedRecital 8: (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’.

AddedRecital 9: (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.

AddedRecital 16: (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.

AddedRecital 16 a (new): (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.

AddedRecital 23: (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.

AddedArticle 1 – paragraph 1 – introductory part: Directive 2001/110/EC is amended as follows:

Directive 2001/110/EC

Change 2

RemovedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a: (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).

AddedArticle 1 – paragraph 1 – point 1 a (new), Article 2 – paragraph 2 – subparagraph 1: (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 comb honey, chunk honey or cut comb in honey and baker's honey.”

RemovedThe 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.

Added(02001L0110)

Directive 2001/110/EC

Change 3

RemovedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a a (new): (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%

AddedArticle 1 – paragraph 1 – point 1 b (new), Article 2 – paragraph 2 – subparagraph 2 – point b – introductory part: (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 baker's honey, the product names may be supplemented by information referring to:”

RemovedThe 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".

Added(02001L0110)

Directive 2001/110/EC

Change 4

RemovedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a b (new): (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.

AddedArticle 1 – paragraph 1 – point 1 c (new), Article 2 – paragraph 2 – subparagraph 2 – point b a (new): (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."

RemovedAs 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

Directive 2001/110/EC

Change 5

ChangedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point aa: c(a) (new):The (ac)country ifof twoorigin countrieswhere togetherthe reflecthoney athas leastbeen 98%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 blend,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 forof the residualhoneys quantitiesin doa notblend, needthat toinformation shall be indicated clearly on the label.front label with either a statement “contains 75% or more of non-EU honey” or “non-EU honey”.

Change 6

RemovedWhile 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.

AddedDirective 2001/110/EC

AddedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a a (new): (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%

AddedDirective 2001/110/EC

AddedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a b (new): (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.

AddedDirective 2001/110/EC

AddedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a c (new): (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.