Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 4 Dec 2023
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
To · adopted text· 12 Dec 2023
Foodstuffs for human consumption: amending certain Breakfast Directives
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 31
Change 1
Changed:Recital 3 c (new): (3c) The term ‘filtered honey’ used in Directive 2001/110/ECtends2001/110/EC tends 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 …the…
Change 2
Changed:Recital 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%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.
Change 3
Changed:Recital 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*areCouncil* 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).
Change 4
Changed:Recital 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.
27 more changes
Change 5
Added:Recital 8 a (new): (8a) Member States and the Commission should take full account of the negative health effects of aspartame as it is possibly carcinogenic to humans according to the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO). EFSA should review aspartame following the WHO's announcements by 31 December 2024.
Change 6
Changed:Recital 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.
Change 7
Added:Amendments 20 and 26
Added:Article 1 – paragraph 1 – point 1 b (new)
Change 8
Removed:Article 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:”
Added:Article 2 – paragraph 2 – subparagraph 2– point b
Added:Amendment: (1b) In Article 2, paragraph 2, second subparagraph, point b is replaced by the following: / “(b) Except in the case of baker’s honey, 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.”
Change 9
Changed:Article 1 – paragraph 1 – point 1 c (new), Article 2 – paragraph 2 – subparagraph 2 – point b a (new): (1c) In Article 2, paragraph 2, second subparagraph, 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.beekeepers. 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."concerned."
Change 10
Changed:Article 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 originateshas inbeen moreharvested thanin one country, the countries of origin where the honeycountry hasonly, beenthat harvestedcountry shall be indicated on the label in descendingfront-of-pack orderlabel accordingclose 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 pointproduct (aa).brand /name. If the honey has been harvested in thirdconsists countriesof only,a orblend ifof thirdhoneys countriesharvested accountin forseveral atcountries, leastthe 75%list of the countries of origin of the honeys in a blend, that information shall be indicated clearly on the frontfront-of-pack label within eitherdescending aorder statementof “containsquantity, 75%with orthe moreexact ofblended non-EUpercentages honey”allowing ora “non-EU5% honey”.tolerance”.
Change 11
Changed:Article 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a a (new): (aa)“(aa) forFor 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%>90 % / 70%-90%70 %-90 % / 50%-70%50 %-70 % / 30%-50%30 %-50 % / 10%-30%10 %-30 % / <10%<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%%>75 % / 50%-75%50 %-75 % / 25%-50%25 %-50 % / <25%<25 %.”
Change 12
Changed:Article 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a b (new): (ab)“(ab) onlyOnly 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.code.”
Change 13
Changed:Article 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point a c (new): (ac)“(ac) ifIf two or more countries together reflect at least 98%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.label.”
Change 14
Removed:Article 1 – paragraph 1 – point 2, Article 2 – paragraph 4 – point b: (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.
Added:Article 1 – paragraph 1 – point 2 a (new), Article 2 – paragraph 4 – point ba (new): (2a) In Article 2(4), the following point is added: / '(ba) an EU reference laboratory for honey shall be established to improve controls and to detect adulteration in honey through systematic testing of honey, using the latest test methods to prove the authenticity and quality of honey';
Change 15
Changed:Article 1 – paragraph 1 – point 2 a (new), Article 3: (2a) Article 3 is replaced by the following: / "Article 3 / In"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."
Change 16
Removed:https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02001L0110-20140623
Change 17
Changed:Article 1 – paragraph 1 – point 2 b (new), Article 4 a (new): (2b) The following Articlearticle is inserted: / "Article“Article 4a Traceability requirements / 1. The Commission shallis empowered to adopt delegated acts no later than ... [the[OP: please insert 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.honey Thatand methodologyhoney shallauthenticity. enableThis competentmethodology authoritiesshall, by means of Memberlaboratory Statestesting or any other method deemed appropriate, enable competent authorities to trace honey back to its country or countries of origin byand meansshall allow detection of laboratorythe testinglowest orpossible anylevels otherand methodall deemedtypes appropriate.of adulteration in order to ascertain honey authenticity; / 2. From ... [OP: Pleaseplease 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. ChecksProduct checks shall be carried out by competent authorities of Member States,authorities, to verify that the honey comesconsistency fromwith the indicated country or countries indicated on theof label.origin. The competent authorities shall carry out regular and risk-based checks within their territory to establish whether the relevant products that the operator or trader has placed or intends to place on the market comply with this Directive."Directive.”
Change 18
Changed:Article 1 – paragraph 1 – point 2 c (new), Annex I – paragraph 2 – point b – point viii: (2c) In Annex I, paragraph 2, point b, point2 viii(b)(viii) is replaced by the following: / "(viii) unheated honey / 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."
Change 19
Changed:Article 1 – paragraph 1 – point 2 d (new), Annex II – paragraph 2: (2d) In Annex II, paragraphsecond 2paragraph 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 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."
Change 20
Changed:Article 1 – paragraph 1 – point 2 e (new), Annex II – paragraphpoint 3: (2e) In Annex II, paragraphpoint 3 is replaced by the following: / "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."
Change 21
Changed:Article 1 – paragraph 1 – point 2 f (new), Annex II – paragraph 4 – point 6 a (new): (2f) In Annex II, paragraph 4, 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."
Change 22
Changed:Article 2 – paragraph 1 – point 1 – point c, Article 3 – paragraph 4: 4.“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.Directive.”
Change 23
Changed:Article 2 – paragraph 1 – point 1 – point d, Article 3 – paragraph 6: 6.“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.;characters.;”
Change 24
Changed:Article 2 – paragraph 1 – point 2 a (new), Article 10 – paragraph 1 a (new): (2a) In Article 10, the following second paragraph is inserted: / Part“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.Directive].”
Change 25
Changed:Article 2 – paragraph 1 a (new), Article 3 a (new): Article“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. ’;juices.;”
Change 26
Changed:Article 3 – paragraph 1 – point 1 – point b a (new), Article 2 – paragraph 4 a (new): (b a)(ba) 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.product. / 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%>90 % / 70%-90%70 %-90 % / 50%-70%50 %-70 % / 30%-50%30 %-50 % / 10%-30%10 %-30 % / <10%<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%>75 % / 50%-75%50 %-75 % / 25%-50%25 %-50 % / <25%<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."
Change 27
Changed:Article 3 – paragraph 1 – point 1 – point c, Article 2 – paragraph 6: 6.“6. Residual content of sulphur dioxide shall be indicated on the list of ingredients;ingredients.;”
Change 28
Added:Directive 2001/110/EC
Added:Annex -I (new), Annex II – paragraph 4 – point 6 a (new): -I Annex II to Directive 2001/110/EC is amended as follows:in paragraph 4, the following point is added: "6a. Invertase index (Siegenthaler method) 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." / (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Change 29
Changed:Annex I – paragraph 1 – point 1 – point a, Annex I – Part I – point 6 – point a – subparagraph 1 ab (new): Any form of additional sugar or sweetener, whether natural or artificial, is strictly prohibited in reduced-sugar fruit juice from concentrate.
Change 30
Changed:Annex I – paragraph 1 – point 1 – point b – point ii – indent 2, Annex I – Part II – point 3 – indent 14: –“– 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.;fermentation.;”
Change 31
Changed:Annex II – paragraph 1 – point 1 – point b, Annex I – Part I – indent 5: –“– ‘ 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.used.”