Procedure : 2008/0028(COD)
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A7-0109/2010

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CRE 15/06/2010 - 5

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PV 16/06/2010 - 8.11
CRE 16/06/2010 - 8.11
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P7_TA(2010)0222

REPORT     ***I
PDF 1571kDOC 3089k
19 April 2010
PE 430.616v05-00 A7-0109/2010

on the proposal for a regulation of the European Parliament and of the Council on the provision of food information to consumers

(COM(2008)0040 – C6-0052/2008 – 2008/0028(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Renate Sommer

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION
 OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the provision of food information to consumers

(COM(2008)0040 – C6-0052/2008 – 2008/0028(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0040),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0052/2008),

–   having regard to the Communication from the Commission to the European Parliament and to the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(3) and Article 114 of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the Economic and Social Committee,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Agriculture and Rural Development (A7-0109/2010),

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Amendment  1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests.

(2) The free movement of safe food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests. This Regulation will both serve the interests of the internal market, by simplifying the law, ensuring legal certainty and reducing red tape, and benefit citizens by requiring clear, comprehensible and legible labelling of foods.

Justification

The term ‘wholesome’ food is not defined; the concept of wholesomeness is therefore already covered by the term ‘safe’, since this denotes the absence of disease-causing ingredients and complete suitability for consumption. It is important to draw attention to the fact that the Regulation has the twofold aims of improving consumer protection and harmonising the internal market.

Amendment  2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) In order to achieve a high level of health protection for consumers and to guarantee their right to information, it should be ensured that consumers are appropriately informed as regards food they consume. Consumers choices can be influenced by, inter alia, health, economic, environmental, social and ethical considerations.

(3) In order to achieve a high level of health protection for consumers and to guarantee their right to information, it should be ensured that consumers are appropriately informed as regards food they consume. Purchasing decisions can be influenced by, inter alia, health, economic, environmental, social and ethical considerations.

Justification

The proposal deals primarily with purchasing decisions; a purchasing decision is at the same time a decision to consume a product.

Amendment  3

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) While the original objectives and the core components of the current labelling legislation are still valid, it is necessary to streamline it in order to ensure easier compliance and greater clarity for stakeholders and to modernise it in order to take account of new developments in the field of food information.

(9) While the original objectives and the core components of the current labelling legislation are still valid, it is necessary to streamline it in order to ensure easier application and greater legal certainty for stakeholders and to modernise it in order to take account of new developments in the field of food information.

Justification

Clarification.

Amendment  4

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) There is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is an important tool to inform consumers about the composition of the foods and help them make an informed choice. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice.

(10) There is interest amongst the general public in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is one method of informing consumers about the composition of the foods and of helping them make an informed choice. Education and information campaigns are an important mechanism for improving consumer understanding of food information. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice. In addition, it is worthwhile and right that consumers in the Member States should be able to turn to a neutral information source in order to clarify individual nutrition questions. The Member States should therefore establish appropriate hotlines, to the financing of which the food industry could contribute.

Justification

Improving diet and consumer understanding of food nutrition cannot be achieved by labelling alone. Even now, consumers do not understand some labelling information and it is essential that Member States are more involved in information campaigns designed to improve consumer understanding.

It should be made clear that the Member States are responsible for funding information and education programmes, so as to reduce the outflow of funds from the EU budget.

Amendment  5

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) In order to follow a comprehensive and evolutionary approach to the information provided to consumers relating to food they consume, there should be a broad definition of food information law covering rules of a general and specific nature as well as a broad definition of food information covering information provided also by other means than the label.

(14) In order to follow a comprehensive and evolutionary approach to the information provided to consumers relating to food they consume, there should be a broad definition of food information law covering rules of a general and specific nature as well as a broad definition of food information and education covering information provided also by means other than the label.

Amendment  6

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Community rules should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. Operations such as the occasional handling, serving and selling of food by private persons at events such as charities, or local community fairs and meetings are not covered by the scope of this regulation.

(15) Union rules should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. Operations such as the occasional delivery of food to third parties, the serving of meals and the selling of food by private persons, for example at charity events or local community fairs and meetings, and the sale of food in the various forms of direct marketing by farmers, are not covered by the scope of this Regulation. In order to avoid over-stretching, in particular, small and medium-sized enterprises in the traditional food production sector and the food retail trade, which also include providers of mass catering services, non-prepacked products should be excluded from the labelling requirements.

Justification

What is important here is not the handling of food but its delivery to third parties; duplication should be avoided. Farmers whose businesses are involved in direct marketing (sale from the farm, at markets, on the street or house-to-house) would be over-stretched if they were required to comply with the requirements of this Regulation. Is this is a vital income niche for farmers, direct marketing of food by farmers should as a general principle be excluded from the scope of this Regulation.

Enterprises in the food retail trade and the traditional food production sector, which also include providers of mass catering services, produce products which are not prepackaged for direct delivery to the consumer. There are no standardised procedures: ingredients change on a daily basis. It should also be borne in mind that the traditional food production sector is particularly responsible for preserving regional specialities, for creativity and for innovation and thus ensures the diversity of the products available. It is therefore important to exclude these producers from the compulsory nutrition declaration requirement.

Amendment  7

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a) Catering services provided by transport undertakings should fall within the scope of this Regulation only if they are provided on routes between two points within Union territory.

Justification

On routes beginning or ending in a country outside the EU, transport undertakings may not find any suppliers who satisfy the information requirements. If undertakings which serve such routes were compelled to comply with the requirements of this Regulation, this could place transport undertakings established in the EU at a competitive disadvantage, as only they would be compelled to comply with the Regulation.

Amendment  8

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) Food information law should provide sufficient flexibility to be able to keep up to date with new information requirements from consumers and ensure a balance between the protection of the internal market and the differences in the perception of consumers in the Member States.

(16) Food information law should also be based on consumers’ information requirements and ensure that innovation in the food industry is not stifled. The possibility for food business operators to provide voluntary additional information allows for additional flexibility.

Justification

Innovation benefits consumers. Adequate flexibility under the new legislation can only be maintained if food business operators have the option of responding to customers' new wishes by providing voluntary additional information.

Amendment  9

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The prime consideration for requiring mandatory food information should be to enable consumers to identify and make appropriate use of a food and to make choices that suit their individual dietary needs.

(17) The purpose of requiring mandatory food information is to enable consumers to make well informed purchasing decisions that suit their individual dietary wishes and needs.

Justification

Makes the recital clearer and more concise.

Amendment  10

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) In order to enable food information law to adapt to changing consumers' needs for information, any considerations about the need for mandatory food information should also take account of the widely demonstrated interest from the majority of consumers in the disclosure of certain information.

(18) In order to enable food information law to adapt to changing consumers' needs for information and to avoid unnecessary packaging waste, mandatory food labelling should be confined to basic information which is demonstrably of great interest to the majority of consumers.

Justification

It would be unhelpful to overload packaging with information.

Amendment  11

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) New mandatory food information requirements should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality and sustainability.

(19) New mandatory food information requirements or new forms of presentation of food information should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality, transparency and sustainability.

Justification

The introduction of new ways of presenting food information should also be consistent with the principles cited.

Amendment  12

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The rules on food information should prohibit the use of information that would mislead the consumer or attribute medicinal properties to foods. To be effective, this prohibition should also apply to the advertising and presentation of foods.

(20) In addition to the existing rules designed to combat misleading advertising, the rules on food information should prohibit the indication of any particular that would mislead the consumer, particularly regarding the energy content, provenance or composition of the food. To be effective, this prohibition should also apply to the advertising and presentation of foods.

Justification

It should be made clear that rules designed to combat misleading advertising already exist. Advertising of products which attributes medicinal properties to them is already regulated by Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods.

Amendment  13

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20a) It is claimed of certain products that specific physical benefits result from their use. Such claims should be expressed in a way that ensures that the effect of using those products is measurable or verifiable.

Justification

Products exist on the food market (e.g. cereal flakes) for which it is claimed that their long-term use can lead to weight loss. Where a product exploits such claims for marketing purposes, the consumer may be misled. The legislator may therefore reasonably require that such claims be accompanied by a diet plan explaining the conditions under which the purported results may be obtained.

Amendment  14

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) In order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to food information it is appropriate to clarify the responsibilities of food business operators in this area.

(21) In order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to incorrect, misleading or missing food information it is essential that the responsibilities of food business operators in this area should be clearly laid down. Without prejudice to Article 19 of Regulation (EC) No 178/2002, food business operators responsible for retail or distribution activities which do not affect food information should act promptly when they learn that such information does not comply with the provisions of this Regulation.

 

-----

1 OJ L 229, 1.9.2009, p. 1.

Justification

With a view to establishing legal certainty for the stakeholders concerned, it is essential that their responsibilities should be clearly laid down. One of the aims is that businesses should not be held liable for problems outside their sphere of responsibility or outside their control. The CJEC judgment in the 'Lidl-Italia' case has highlighted the inadequate degree of legal certainty enjoyed by food traders under existing law.

It is necessary to clarify in which circumstances food business operators which do not affect food information have to contribute to the conformity of the requirements of this Regulation. It is also important to specify that the provisions of Article 8 do not weaken the obligations ensuing from Article 19 of Regulation (EC) No 178/2002 that retailers have to abide by.

Amendment  15

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) A list should be drawn up of all mandatory information which should in principle be provided for all foods intended for the final consumer and the mass caterers. That list should maintain the information that is already required under existing legislation given that it is generally considered as a valuable acquis for consumer information.

(22) A list should be drawn up of all mandatory information which should be provided for all foods intended for the final consumer and the mass caterers. That list should maintain the information that is already required under existing legislation given that it is generally considered as a valuable acquis for consumer information.

Amendment  16

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22a) New information and communication technologies can play an important role in conveying additional information to consumers, as they allow information to be exchanged rapidly and at little cost. It is possible to envisage consumers obtaining additional information via terminals placed in supermarkets. Those terminals would, by reading the barcode, furnish information about the product concerned. Likewise, it is possible to envisage consumers accessing additional information via a webpage on the Internet.

Justification

New technologies have an important role to play in improving consumers' understanding of the information provided about the products they purchase.

Amendment  17

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. Consultation with stakeholders should facilitate timely and well targeted changes of food information requirements.

deleted

Justification

Cf. amendment to Article 9(3).

Amendment  18

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) When used in the production of foods and still present, certain ingredients or other substances are the cause of allergies or intolerances in consumers, and some of those allergies or intolerances constitute a danger to the health of those concerned. It is important that information on the presence of food additives, processing aids and other substances with allergenic effect should be given to enable consumers suffering from a food allergy or intolerance to make informed and safe choices.

(24) When used in the production of foods and still present, certain ingredients or other substances can cause allergies or intolerances, and in individual cases can even or constitute a danger to the health of those concerned. It is important, therefore, that information on the presence of food additives, processing aids and other substances with scientifically proven allergenic effect or which may increase the risk of illness should be given to consumers so that in particular those suffering from a food allergy or intolerance can in a targeted manner choose foods which are safe for them. Traces of such substances should also be indicated, so that those suffering from more serious allergies can make safe choices. Common rules should be drawn up for this.

Justification

Allergens cause allergies and intolerances only in persons who are allergic.

Amendment  19

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of consumer dissatisfaction with food labels.

(25) Food labels should be clear and understandable to assist consumers wanting to make selective food and dietary choices. Studies show that easy legibility is an important element in maximising the possibility that labelled information can influence its audience and that illegible product information is one of the main causes of consumer dissatisfaction with food labels. Consequently, factors such as font, colour and contrast should be considered together.

Amendment  20

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) In order to ensure the provision of food information, it is necessary to consider all ways of supplying food to consumers, including selling food by means of distance communication. Although it is clear that any food supplied through distant selling should meet the same information requirements as food sold in shops, it is necessary to clarify that in such cases the relevant mandatory food information should also be available before the purchase is concluded.

(26) In order to ensure the provision of food information, it is necessary to include selling food by means of distance communication. Although it is clear that any food supplied through distant selling should meet the same information requirements as food sold in shops, it is necessary to clarify that in such cases the relevant mandatory food information must also be available before the purchase is concluded.

Justification

The mandatory provision of information prior to conclusion of a purchase can have a significant bearing on purchasing decisions. To streamline the text.

Amendment  21

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a) In accordance with the previous resolution of the European Parliament, the opinion of the European Economic and Social Committee*, the work of the Commission, and the general public concern about alcohol-related harm especially to young and vulnerable consumers, the Commission together with the Member States should establish a definition for beverages such as ‘alcopops‘ specifically targeted at young people. Due to their alcoholic nature, they should have stricter labelling requirements, and be clearly separated from soft drinks in shops.

 

____________________

* OJ C 77, 31.3.2009, p. 73.

Amendment  22

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) It is also important to provide consumers with information on the other alcoholic beverages. Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer and spirits as defined in Article 2(1) of Regulation (EC) No […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/892, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and propose the necessary specific requirements in the context of this Regulation.

(28) It is also important to provide consumers with information on the other alcoholic beverages. Specific Union rules already exist on the labelling of wine. Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines,

thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, fruit beer and spirits as defined in Article 2(1) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/892, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and propose the necessary specific requirements in the context of this Regulation.

____________________

1 OJ L 179, 14.07.99, p. 1.

____________________

1OJ L 148, 6.6.2008, p. 1.

2 OJ L [ …], […], p.[…].

2 OJ L 39, 13.2.2008, p. 16.

Justification

Aromatised wines, the main component of which is wine, and to which a limited number of natural ingredients are added, would be discriminated against in relation to beers and spirits, for which the use of artificial additives is authorised. As a result, some products might well be placed at a commercial disadvantage.

Amendment  23

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) The indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product. In other cases, the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators. In all cases, the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers' understanding of the information related to the country of origin or place of provenance of a food. Such criteria should not apply to indications related to the name or address of the food business operator.

(29) Without prejudice to the existing compulsory sectoral rules on origin labelling, the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product, including as regards the primary ingredient of processed products. In other cases, the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers' understanding of the information related to the country of origin or place of provenance of a food. Such criteria shall not apply to indications related to the name or address of the food business operator.

Justification

Existing sectoral rules already provide for compulsory origin labelling. Consumers must not be misled.

Amendment  24

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In some cases, food business operators may want to indicate that the origin of a food is the European Community to draw the consumers' attention to the qualities of their product and to the European Union's production standards. Such indications should also comply with harmonised criteria.

(30) If food business operators indicate that the origin of a food is the European Union to draw the consumers' attention to the qualities of their product and to the European Union's production standards, such indications must comply with harmonised criteria. The same applies, where relevant, to indication of the Member State.

Justification

If indications of origin involving the terms ‘European Union’ and/or ‘Member State’ are given voluntarily, for reasons of comprehensibility, legal certainty and compatibility with internal market rules it is essential that this should be done in a prespecified, uniform way.

Amendment  25

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) The European Community's non-preferential rules of origin are laid down in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code1 and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code2. Determination of the country of origin of foods will be based on these rules, which are well known to trade operators and administrations and should ease its implementation.

(31) The European Union's non-preferential rules of origin are laid down in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code1 and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code2. Determination of the country of origin of foods will be based on these rules, which are well known to trade operators and administrations and should ease its implementation. For meat and foods containing meat, more differentiated rules should apply, taking into account the places of birth, rearing, and slaughter.

Justification

For meat, it is not appropriate to indicate only one place of origin, if it is different for birth, rearing and slaughtering. Surveys have shown that the place where the animals were born, reared and slaughtered is of high importance for consumers.

Amendment  26

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) The nutrition declaration on a food concerns information on the presence of energy and certain nutrients in foods. The mandatory provision of nutrition information should assist action in the area of nutrition education for the public and support informed food choice.

(32) The nutrition declaration on a food concerns information on the presence of energy and certain nutrients and ingredients in foods. The mandatory provision of nutrition information on the front and back of the packaging should be supported by actions by Member States such as a nutritional action plan as part of their public health policy, which will provide specific recommendations for nutrition education for the public and support informed food choice.

Justification

Salt, for example, is an ingredient, not a nutrient.

Amendment  27

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues highlighted certain nutritional elements of importance to public health. Therefore, it is appropriate that the requirements on the mandatory provision of nutrition information should take into account such elements.

(33) The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues highlighted certain nutritional elements of importance to public health. Therefore, it is appropriate for the requirements on the mandatory provision of nutrition information to be in line with the recommendations of that White Paper.

Amendment  28

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) In general, consumers are not aware of the potential contribution of alcoholic beverages to their overall diet. Therefore, it is appropriate to ensure that information on the nutrient content of in particular mixed alcoholic beverages is provided.

(34) In general, consumers are not aware of the potential contribution of alcoholic beverages to their overall diet. It would therefore be helpful if manufacturers were to provide information on the energy content of alcoholic beverages.

Justification

Although this Regulation does not apply to alcoholic beverages, they can make a substantial contribution to energy intake. It would be consumer-friendly for manufacturers to provide information voluntarily concerning the energy content of alcoholic beverages.

Amendment  29

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) In the interest of consistency and coherence of Community legislation the voluntary inclusion of nutrition or health claims on food labels should be in accordance with the Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods.

(35) In the interest of the legal certainty and coherence of Union legislation the voluntary inclusion of nutrition or health claims on food labels should be in accordance with the Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods.

Justification

The issue here is clearly legal certainty for the stakeholders concerned.

Amendment  30

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) To avoid unnecessary burdens on the industry, it is appropriate to exempt certain categories of foods that are unprocessed or for which nutrition information is not a determining factor for consumer choice from the mandatory inclusion of nutrition declaration, unless the obligation to provide such information is provided under other Community legislation

(36) To avoid unnecessary burdens on food manufacturers and traders, it is appropriate to exempt certain categories of foods that are unprocessed or for which nutrition information is not a determining factor for consumers' purchasing decisions, or whose outer packaging or label is too small to permit the mandatory labelling to be performed, from the mandatory inclusion of a nutrition declaration, unless the obligation to provide such information is provided under other Union legislation

Justification

It would not be right if, purely on account of extensive labelling regulations, food packagings or standardized labels had to be enlarged in future. This would generate more packaging waste and possibly also result in larger portions or misleadingly large packagings containing empty space.

Amendment  31

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, and given the current level of knowledge on the subject of nutrition, the information provided should be simple and easily understood. Research has indicated that consumers find the information in the principal field of view or ‘front of pack’ is useful when making purchasing decisions. Therefore, to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label.

(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, the information should be easily understandable for the average consumer. It would be appropriate to provide the information in one field of view, to ensure that consumers can readily see the essential nutrition information when purchasing foods.

Justification

It would be presumptuous to judge the level of knowledge of all EU citizens. In addition, the reference to research which apparently cannot be specifically cited should be deleted: at all events, no study into consumer behaviour when purchasing food has yet been carried out which covers all the Member States (see also Recital 38). Moreover, given the many forms of food packaging, it is very difficult to define the 'principal field of view' or in some cases to determine where the 'front of pack' is.

Amendment  32

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) Recent developments in the expression of the nutrition declaration, other than per 100g/100ml/portion, by some Member States and organisations in the food sector suggest that consumers like such schemes as they can help them make informed choices quickly. However, there is not evidence across all the Community on how the average consumer understands and uses the alternative expression of the information. Therefore, it is appropriate to allow for different schemes to be developed and to allow research on consumer understanding in different Member States to continue so that, if appropriate, harmonised schemes may be introduced.

(38) Recent developments in the expression of the nutrition declaration, other than per 100g/100ml/portion, by some Member States and organisations in the food sector suggest that consumers like such schemes as they can help them make speedy choices quickly. However, there is no scientific evidence across all the Union on how the average consumer understands and uses the alternative expression of the information. To facilitate comparisons of products in differing package sizes, it is therefore appropriate to retain the mandatory stipulation that the nutrition declaration should refer to 100 g/100 ml amounts and, if appropriate, to allow additional portion-based declarations. If the food is prepacked as an individual portion, a nutrition declaration per portion should, in addition, be compulsory. In order to rule out misleading indications relating to portion size, portion sizes should be standardised throughout the Union by means of a consultation process.

Justification

Expressing the amount of energy and nutrients per 100 g or 100 ml enables consumers to compare products directly. Accordingly, as a matter of principle these indications should also be mandatory for foods packaged as portions. Naturally enough, it should also be possible to express the amount of energy and nutrients per portion in the specific case of foods packaged as portions. In order to make it easier for consumers to obtain the information they require, it should be compulsory to indicate portion size where individual portions are supplied in multipacks.

Amendment  33

Proposal for a regulation

Recital 38 a (new)

Text proposed by the Commission

Amendment

 

(38a) The Commission should present a proposal for an EU-wide ban on artificial trans fatty acids. Until such a ban enters into force, the labelling of artificial trans fatty acids should be mandatory.

Justification

In its report on the White Paper on nutrition-, overweight- and obesity-related health issues the European Parliament called for an EU-wide ban on artificial trans-fatty acids. As artificial trans fatty acids are detrimental to health and avoidable, an EU-wide ban should be introduced to protect consumers. The labelling of artificial trans fatty acids should be mandatory until such a ban enters into force.

Amendment  34

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Member States should retain the right, depending on local practical conditions and circumstances, to lay down rules in respect of the provision of information concerning non-prepacked foods. Although in such cases the consumer demand for other information is limited, information on potential allergens is considered very important. Evidence suggests that most food allergy incidents can be traced back to non-prepacked food. Therefore such information should always be provided to the consumer.

(41) Information concerning potential allergens is also very important for allergic persons in connection with food which is not prepacked and mass catering services. Therefore such information should always be available to the consumer.

Justification

Special rules applicable in individual Member States would be damaging to the internal market and would render the regulation under consideration here absurd.

Amendment  35

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42) Member States should not be able to adopt provisions other than those laid down in this Regulation in the field it harmonises, unless specifically indicated in it.

(42) Member States should not be able to adopt provisions other than those laid down in this Regulation in the field it harmonises, unless specifically indicated in it. Furthermore, as national labelling requirements may give rise to obstacles to free movement in the internal market, Member States should demonstrate why such measures are necessary and set out the steps they will take to ensure that they are applied in the manner which least restricts trade.

Justification

One of the most important justifications for the current proposal is the need to simplify the rules and ensure the functioning of the internal market. As national rules add to the costs borne by firms and hamper the free movement of goods, evidence justifying their introduction and showing how their operation is compatible with the free movement of goods should be required.

Amendment  36

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) In order to enable interested parties, especially small and medium-sized enterprises, to provide nutrition information on their products, the application of the measures to make nutrition information mandatory should be introduced gradually through extended transition periods with an additional transition period provided for micro-businesses.

(49) In order to enable interested parties, especially small and medium-sized enterprises, to provide nutrition information on their products, the application of the measures to make nutrition information mandatory should be introduced gradually through appropriate transition periods with an additional transition period provided for micro-businesses. Provision should also be made for Union aid to help those small and medium-sized enterprises in the agricultural sector obtain the scientific knowledge they need to assess the nutritional value of their products. Training programmes should also be available for entrepreneurs in that sector so they can improve their skills in that field.

Amendment  37

Proposal for a regulation

Recital 49 a (new)

Text proposed by the Commission

Amendment

 

(49a) Naturally, products of the traditional food production sector and fresh products of the food retail trade which are produced directly at the place of sale may contain substances which give rise to allergic or intolerance reactions in sensitive people. As, however, it is precisely non-prepacked products which are sold in direct contact with the customer, the corresponding information should be provided, for example, through dialogue at the time of sale or by means of a clearly visible sign in the sales area or by means of information material on display.

Justification

In the case of non-prepacked goods, it would be virtually impossible to provide far-reaching allergy labelling for all products, and this would particularly place small and medium-sized undertakings at a considerable competitive disadvantage and increase their costs. In addition, the possibility of cross-contamination cannot be excluded in premises where the area available for processing is limited.

Amendment  38

Proposal for a regulation

Article 1 - paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation provides the basis for the assurance of a high level of consumer protection in relation to food information, taking into account the differences in the perception of consumers and their information needs whilst ensuring the smooth functioning of the internal market.

deleted

Justification

Article 1(2) states an objective, without laying down any clear rules. For technical legal reasons it should therefore be deleted from the prescriptive text of the regulation.

Amendment  39

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

3. This Regulation applies to all stages of the food chain, where the activities of food businesses concern the provision of food information to consumers.

3. This Regulation applies to all stages of the food chain, where the provision of food information to the final consumer is concerned.

It shall apply to all foods intended for the final consumer, including foods delivered by mass caterers and foods intended for supply to mass caterers.

It shall apply to all prepacked foods intended for delivery to the final consumer and foods intended for supply to mass caterers.

 

It shall not apply to foods which are packaged directly at the place of sale before delivery to the final consumer.

 

Catering services provided by transport undertakings shall fall within the scope of this Regulation only if they are provided on routes between two points within Union territory.

 

3a. This Regulation shall not apply to any food prepared other than in the course of a business, the concept of which does not imply a certain continuity of activities and a certain degree of organisation. Operations such as the occasional handling, serving and selling of food by private persons at events such as charities, or local community fairs and meetings shall not fall within the scope of this Regulation.

Justification

Tightening up and linguistic improvement of the text. It is particularly common in the food trade for products to be packaged directly at the place of sale before delivery. Thus products are divided into portions in advance (sandwich spreads) or packed in foil (sandwiches) for the benefit of consumers (to enable them to make their purchase more quickly, and for ease of handling). Such products, which are packaged shortly before sale, should as a matter of principle be excluded from the scope of the Regulation, as there is no way in which they can be equated with industrially prepackaged products. On routes beginning or ending in a country outside the EU, transport undertakings may not find any suppliers who satisfy the information requirements. If undertakings which serve such routes were to fall under the Regulation, this could place undertakings established in the EU at a competitive disadvantage, as only they would be compelled to comply with the Regulation.

The proposal should reflect the sentiment expressed in Recital 15 exempting charities and one-off events (schools and such like) from the scope of this proposal.

Amendment  40

Proposal for a regulation

Article 1 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. Foods originating from third countries may only be distributed within the Union once they fulfil the requirements of this Regulation.

Justification

In the interests of consumers, it must be ensured that food from third countries also complies with labelling requirements.

Amendment  41

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

4. This Regulation shall apply without prejudice to labelling requirements provided in specific Community legislation applicable to particular foods.

4. This Regulation shall apply without prejudice to labelling requirements provided in specific Community legislation applicable to particular foods. The Commission shall publish by [date of entry into force of this Regulation] a list of all labelling requirements provided for in specific Union legislation applicable to particular foods and shall make this list accessible on the Internet.

Justification

Given the plethora of special legal provisions, such a list would seem to be necessary with a view to offering stakeholders in the food chain clarity and legal certainty.

Amendment  42

Proposal for a regulation

Article 1 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

By …*, the Commission shall publish a comprehensive and updated list of the labelling requirements provided for in specific Union legislation applicable to particular foods. The Commission shall, not later than … **, submit a report to the European Parliament and the Council on the compliance of those specific labelling requirements with this Regulation. The Commission shall, if appropriate, accompany that report with a relevant proposal.

 

___________

*

** 18 months from the date of entry into force of this Regulation.

Justification

Simplification is one of the primary goals of this proposal. Too many sector specific European Directives and Regulations contain labelling provisions. It is necessary to collect all of them, to verify their consistency with general principles and to give easy access to this huge amount of requirements to all the operators and stakeholders in the food chain, taking into account any possible incoherence with the general rules.

Amendment  43

Proposal for a regulation

Article 2 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) ‘Food information’ means information concerning a food and made available to the final consumer by means of a label, other accompanying material, or any other means including modern technology tools or verbal communication. It does not cover commercial communications as defined by Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market;

(a) ‘food information’ means information concerning a food made available to the final consumer by means of a label, other accompanying material, or any other means including modern technologies or verbal communication. It does not cover commercial communications as defined by Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market;

Justification

This provision concerns technologies, not technology tools.

Amendment  44

Proposal for a regulation

Article 2 – paragraph 2 - point b

Text proposed by the Commission

Amendment

(b)  ‘food information law’ means the Community provisions governing the food information, and in particular labelling, including rules of a general nature applicable to all foods or to specified foods and rules which apply only to specific foods;

deleted

Justification

This provision is dispensable. What 'food information law' means is apparent from the content of the respective provisions. Article 2(2)(b) should therefore be deleted.

Amendment  45

Proposal for a regulation

Article 2 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) ‘mandatory food information’ means the particulars that are required to be provided to the final consumer by Community legislation;

deleted

Justification

This provision is dispensable. The definition merely indicates that mandatory information is information which is laid down by law (a pleonasm). Article 2(2)(c) should therefore be deleted.

Amendment  46

Proposal for a regulation

Article 2 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) ‘mass caterers’ means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools and hospitals, where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;

(d)  ’mass caterers’ means any establishment (including vending machines, a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises, in which, in the course of a business, food is prepared which is intended for immediate consumption by the final consumer;

Justification

Clarification and necessary amplification: catering enterprises are also mass caterers.

Amendment  47

Proposal for a regulation

Article 2 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) ‘prepacked food’ means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any case in such a way that the contents cannot be altered without opening or changing the packaging;

(e)  ‘prepacked food’ means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food in packaging, whether such packaging encloses the food completely or only partially, but in any case in such a way that the contents cannot be altered without opening or changing the packaging;

Justification

Simplification.

Amendment  48

Proposal for a regulation

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

Text proposed by the Commission

Amendment

 

(ea) ‘non-prepacked food’ means food which is offered for sale to the final consumer without packaging and is packaged, if at all, only at the time of sale to the final consumer and food and fresh products which are prepacked at the place on the day of sale for immediate sale

Justification

In shops, food is also offered for sale prepacked and as a rule in proximity to counters manned by sales staff in order to avoid long waiting times for customers at the counter. As in the case of foods packaged in accordance with the individual wishes of customers, it is in practice impossible to provide the same information as is mandatory for prepacked products, on account of the diversity of the products which may be sold and because they are produced manually and the range of products on sale differs from day to day.

Limitation to packaging at the point of sale is not clear enough. In craft enterprises with several points of sale the products often will be packaged in its central production site at the date of sale before being distributed to its points of sale. E.g. in the Netherlands, the authorities agreed to assimilate "daily fresh" with “non-pre packed”.

Amendment  49

Proposal for a regulation

Article 2 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) ‘ingredient’ means any substance, including food additives and food enzymes, and any constituent of a compound ingredient, used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form residues shall not be considered as ingredients;

(f) ‘ingredient’ means any substance, including food additives and food enzymes, and any ingredient of a compound ingredient, used in the manufacture or preparation of a food and contained in the finished product, even if in an altered form;

Justification

A change to the definition of 'ingredient' would have undesirable effects on Community legislation which makes reference to this definition (e.g. Regulation (EC) No 1829/2003). The concept of residues should be deleted from this definition to bring it into line with Regulation No 178/2002, laying down the general requirements of food law. The definition given in Article 2 of that Regulation stipulates that food does not include ‘residues and contaminants’.

Amendment  50

Proposal for a regulation

Article 2 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) ‘place of provenance’ means any place where a food is indicated to come from, and that is not the 'country of origin' as determined in accordance with Articles 23 to 26 of Council Regulation (EEC) No 2913/92;

(g) ‘place of provenance’ means the place, country or region where the products or agricultural ingredients are wholly obtained, in accordance with Article 23(2) of Council Regulation (EEC) No 2913/92;

Justification

The term 'place of provenance' should be correctly defined. Article 23(2) of Council Regulation (EEC) No 2913/92 offers what the rapporteur regards as a perfect definition. In particular, the phrase 'place where the products or agricultural ingredients are wholly obtained' is understood to refer to the plants harvested and the animals born and reared there. The rapporteur is adamant that a place where a food is processed cannot be regarded as a place of provenance.

Amendment  51

Proposal for a regulation

Article 2 – paragraph 2 – point j

Text proposed by the Commission

Amendment

(j) ‘labelling’ means any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a food and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such food;

(j)   ‘labelling’ means any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a food and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such food;

Justification

Does not apply to English text.

Amendment  52

Proposal for a regulation

Article 2 – paragraph 2 – point k

Text proposed by the Commission

Amendment

(k) ‘field of vision’ means all the surfaces of a package that can be read from a single viewing point, permitting rapid and easy access to labelling information by allowing consumers to read this information without needing to turn the package back and forth;

(k) ‘field of vision’ means all the surfaces of a package that can be read from a single viewing point, permitting rapid and easy access to labelling information;

Justification

Linguistic improvement.

Amendment  53

Proposal for a regulation

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

Text proposed by the Commission

Amendment

 

(ka) 'legibility' means texts inter alia written, printed, embossed, marked, engraved or stamped in such a way that a normally-sighted consumer can understand the substance of food labels without using optical aids; legibility is contingent on the font size, the typeface, the stroke width, the spacing between letters, words and lines, the width-height ratio of the letters and the degree of contrast between the print and the background.

Justification

This definition is required since font size alone does not guarantee the legibility of a text.

Amendment  54

Proposal for a regulation

Article 2 – paragraph 2 – point l

Text proposed by the Commission

Amendment

(l) ‘legal name’ means the name of a food prescribed in the Community provisions applicable to it or, in the absence of such Community provisions, the name provided for in the laws, regulations and administrative provisions applicable in the Member State in which the food is sold to the final consumer or to mass caterers;

deleted

Justification

The terminology used in the Labelling Directive (2000/13/EC) should be retained.

Amendment  55

Proposal for a regulation

Article 2 - paragraph 2 - point m

Text proposed by the Commission

Amendment

(m) ‘customary name’ means a name which is accepted as the name of the food without it needing further explanation by consumers in the Member State in which it is sold;

(m) 'customary name' means a name which is understood as the name of the food without it needing further explanation by consumers in the Member State in which it is sold;

Justification

The terminology used in German in the Labelling Directive (2000/13/EC) should be retained (cf. Article 5(a)). What is important here is understanding, not acceptance.

Amendment  56

Proposal for a regulation

Article 2 – paragraph 2 – point o

Text proposed by the Commission

Amendment

(o)‘primary ingredient(s)’ means the significant and/or characterising ingredients of a food;

deleted

Justification

The Commission’s attempt to add on to the existing provision on origin labelling is rejected. There is therefore no need to have definitions of primary, significant and characterising food ingredients hitherto not used in the context of food law. As we have constantly advocated simplification, we oppose the creation of ever-new terms and concepts without apparent benefit.

These criteria are impractical. They are confusingly inconsistent with QUID definitions. A 50% level does not have the same practical significance for all foods.

Amendment  57

Proposal for a regulation

Article 2 – paragraph 2 – point p

Text proposed by the Commission

Amendment

(p)‘significant ingredient(s)’ means the ingredient of a food that represents more than 50% of this food;

deleted

Justification

The Commission’s attempt to add on to the existing provision on origin labelling is rejected. There is therefore no need to have definitions of primary, significant and characterising food ingredients hitherto not used in the context of food law. As we have constantly advocated simplification, we oppose the creation of ever-new terms and concepts without apparent benefit.

These criteria are impractical. They are confusingly inconsistent with QUID definitions. A 50% level does not have the same practical significance for all foods.

Amendment  58

Proposal for a regulation

Article 2 – paragraph 2 – point q

Text proposed by the Commission

Amendment

(q) ‘characterising ingredient(s)’ means any ingredient of a food which is usually associated with the name of the food by the consumer and for which in most cases a quantitative indication is required;

deleted

Justification

The Commission’s attempt to add on to the existing provision on origin labelling is rejected. There is therefore no need to have definitions of primary, significant and characterising food ingredients hitherto not used in the context of food law. As we have constantly advocated simplification, we oppose the creation of ever-new terms and concepts without apparent benefit.

These criteria are impractical. They are confusingly inconsistent with QUID definitions. A 50% level does not have the same practical significance for all foods.

Amendment  59

Proposal for a regulation

Article 2 – paragraph 2 – point r

Text proposed by the Commission

Amendment

(r) ‘essential requirements’ means the requirements whereby the level of consumer protection and food information is determined with respect to a given issue and which are laid down in a Community act which allows for the development of national schemes referred to in Article 44;

(r) 'essential requirements' means the requirements whereby the level of consumer protection and food information is determined with respect to a given issue and which are laid down in a Union act;

Amendment  60

Proposal for a regulation

Article 2 – paragraph 2 – point s

Text proposed by the Commission

Amendment

(s) ‘date of minimum durability of a food’ means the date until which the food retains its specific properties when properly stored;

(s) ‘date of minimum durability of a food’ means the date until which the food retains its specific properties when stored as indicated or stored in accordance with specific instructions given on the package;

Justification

Some foodstuffs have special storage requirements, e.g. storage in a cool place, which must be indicated on the package.

The date of minimum durability should be taken together with the indicated storage conditions. It is the food business operator's responsibility to determine and indicate the date of minimum durability in conjunction with the storage conditions. In addition, the 'use by' date should also be indicated in the same location.

Amendment  61

Proposal for a regulation

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

Text proposed by the Commission

Amendment

 

(sa) ‘use-by date' means the date by which a food must be consumed. After that date, the food may no longer be delivered to consumers or further processed.

Justification

The introduction of a definition of ‘use by date’ by rapporteur Sommer is to be welcomed. However, this definition should be supplemented: the ban on delivering such food to consumers should be extended to include further processing. Once the use by date has passed, it may no longer be used as food. A ban on further processing would prevent a trade in old meat.

Amendment  62

Proposal for a regulation

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

Text proposed by the Commission

Amendment

 

(sb) 'date of manufacture' means the date on which products were produced and possibly packed and deep-frozen.

Justification

Definition necessitated by Article 25.

Amendment  63

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ta) ‘Food imitation’ means food that gives the impression of being another food in which an ingredient usually used is wholly or partly mixed with or replaced by another.

Justification

Consumers are misled by the increasing use of food imitations in which the usual ingredients are replaced by cheaper substitutes.

Amendment  64

Proposal for a regulation

Article 2 – paragraph 3

Text proposed by the Commission

Amendment

3. For the purposes of this Regulation the country of origin of a food shall refer to the origin of a food as determined in accordance with Articles 23 to 26 of Council Regulation (EEC) No 2913/92.

3. For the purposes of this Regulation the country of origin of a food shall refer to the origin of a food as determined in accordance with Articles 23 to 26 of Council Regulation (EEC) No 2913/92. With regard to Member States, the country of origin shall always refer to the respective Member State.

Justification

For the definition of the country of origin, paragraph 3 of the Commission proposal refers to the Community Customs Code. However, according to the Community Customs Code, the origin can be "EU" OR a Member State. It is therefore important to clarify that, for foods originating in the EU, the country of origin always refers to the Member State, not to the EU as a whole.

Amendment  65

Proposal for a regulation

Article 2 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

For meat and foods containing meat, the country of origin shall be defined as the country in which the animal was born, reared for most of its life, and slaughtered. If different, all three places shall be given when reference is made to the 'country of origin'.

Justification

For meat, it is not appropriate to indicate only one place of origin, if it is different for birth, rearing and slaughtering. Surveys have shown that information about the place where the animals were born, reared and slaughtered is of high importance for consumers.

Amendment  66

Proposal for a regulation

Article 3 - paragraph 1

Text proposed by the Commission

Amendment

The provision of food information shall pursue a high level of protection of consumers’ health and interests by providing a basis for final consumers to make informed choices and to make safe use of food, with particular regard to health, economic, environmental, social and ethical considerations.

The provision of food information shall pursue a high level of protection of health, transparency and comparability of products, in the interests of consumers, and shall provide a basis for informed choices and safe use of food.

Justification

Necessary amplification of the text to cover the aspects of transparency and comparability. Inclusion of the aspects which have been deleted could result in food labelling becoming unnecessarily complicated, which would confuse consumers and thus run counter to the aim of the regulation.

Amendment  67

Proposal for a regulation

Article 3 - paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Food labelling must be easily recognisable, legible and understandable for the average consumer.

Justification

Labelling which was not easily recognisable, legible and understandable would be pointless.

Amendment  68

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. Food information law shall aim to achieve in the Community the free movement of food legally produced and marketed, taking into account, where appropriate, the need to protect the legitimate interests of producers and to promote the production of quality products.

2. Food information law shall aim to achieve in the Community the free movement of food legally produced and marketed.

Justification

The second half of the sentence does not lay down any rule. It should be deleted from the Regulation for technical legal reasons and, if it is to be included at all, converted into a recital. It is not clear when and how the interests of producers and the quality of 'quality products' are to be promoted or taken into account.

Amendment  69

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. When food information law establishes new requirements, consideration shall be given to the need for a transitory period after the entry into force of the new requirements, during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted.

3. When food information law establishes new requirements, unless such requirements relate to the protection of human health a transitory period shall be granted after the entry into force of the new requirements, during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted. New food labelling rules shall be introduced in accordance with a standard date of implementation to be set by the Commission after consulting Member States and interest groups.

Justification

To facilitate the smooth functioning of the internal market, and to minimise packaging waste, it is normal that provision should be made for a transitory period when new labelling requirements are introduced, unless those requirements relate to an immediate public health risk, in which case such a period is inappropriate.

Despite the transitional periods provided, the introduction of new labelling rules on different dates will have a significant impact on costs for developing new labels and the use of stocks of goods, packaging and labels. The principle that there should be a single starting date for the introduction of labelling rules should therefore be reintroduced (as originally proposed by the Commission).

Amendment  70

Proposal for a regulation

Article 4 – paragraph 1 – introductory phrase

Text proposed by the Commission

Amendment

1. Where mandatory food information is required by food information law, it shall concern information that falls, in particular, into one of the following categories:

1. Where the law makes food information mandatory, the information concerned shall be that which falls, in particular, into one of the following categories:

Justification

Avoiding duplication.

Amendment  71

Proposal for a regulation

Article 4 – paragraph 1 — point a

Text proposed by the Commission

Amendment

(a) information on the identity and composition, properties or other characteristics of the food;

(a) information on the identity and composition, quantities, properties or other characteristics of the food;

Amendment  72

Proposal for a regulation

Article 4 – paragraph 1 – point b – letter ii

Text proposed by the Commission

Amendment

(ii) durability, storage and safe use;

(ii) durability, storage, conservation requirements once the product is opened, if applicable, and safe use

Justification

For many products today, no details are supplied regarding the time they may be conserved once opened or whether, for instance, they should be kept at a certain temperature. Consumer safety requires the provision of this information.

Amendment  73

Proposal for a regulation

Article 4 – paragraph 1 – point b – subpoint iii

Text proposed by the Commission

Amendment

(iii) the health impact, including the risks and consequences related to harmful and hazardous consumption of a food;

deleted

Justification

The overriding aim of the regulation is not to protect consumers' health, for example by making health warnings mandatory, but rather to enable consumers to make well informed purchasing decisions on the basis of nutrition information, so that they enjoy a balanced diet and, in the long term, better health.

Amendment  74

Proposal for a regulation

Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) information on nutritional characteristics so as to enable consumers, including those with special dietary requirements, to make informed choices.

(c) Does not affect English version.

Amendment  75

Proposal for a regulation

Article 4 - paragraph 2

Text proposed by the Commission

Amendment

2. When considering the need for mandatory food information, account shall be taken of a widespread need on the part of the majority of consumers for certain information to which they attach significant value or of any generally accepted benefits to the consumer to enable them to make informed choices.

2. When considering the need for mandatory food information, account shall be taken of the potential costs and benefits to stakeholders (including consumers, producers and others) of providing certain information.

Justification

New labelling rules should be introduced only if there is evidence-based research showing the benefits of such new requirements. The cost of providing new information should not be disproportionate. Label changes have a significant impact on EU producers, as well as on firms importing goods from third countries. A balance must be struck between the needs of consumers and producers.

Amendment  76

Proposal for a regulation

Article 7 - paragraph 1 - introductory phrase

Text proposed by the Commission

Amendment

1. Food information shall not be misleading to a material degree, particularly:

1. Food information shall not be misleading, particularly:

Justification

The degree to which information is misleading is irrelevant.

Amendment  77

Proposal for a regulation

Article 7 - paragraph 1 point a

Text proposed by the Commission

Amendment

(a) as to the characteristics of the food and, in particular, as to its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production;

(a) in that the description and/or pictorial representation of the food could mislead the consumers with regard to its nature, identity, properties, composition, individual ingredients and their quantity in the product, durability, country of origin or place of provenance, method of manufacture or production;

Amendment  78

Proposal for a regulation

Article 7 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

(ab) by suggesting in the description or pictorial representations on the packaging the presence of a particular product or an ingredient although in reality the product which the packaging contains is an imitation food or contains a substitute for an ingredient normally used in a product. In such cases, the packaging must prominently bear the marking 'imitation' or 'produced with (designation of the substitute ingredient) instead of (designation of the ingredient replaced)';

 

The particular food product that is an imitation or contains a substitute shall, where feasible, be separated from other food at the place of sale.

Justification

Imitation foodstuffs, for example 'cheese' made from vegetable fat, are increasingly being marketed. Another development which has been observed is that ingredients normally used to manufacture a product are to some extent being replaced with cheaper substitutes. This is not generally apparent to consumers. In the interests of transparency, therefore, appropriate labelling should be introduced.

Amendment  79

Proposal for a regulation

Article 7 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics.

(c) by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics or by specifically emphasising the absence of certain ingredients and/or nutrients which the food in question does not contain as a matter of course.

Justification

Misleading information can take the form of highlighting normal properties of a food as specific characteristics, e.g. when fruit gums, which contain no fat as a matter of course, are sold in packages bearing the slogan 'fat-free'.

Amendment  80

Proposal for a regulation

Article 7 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) by explicitly advertising a substantial reduction in sugar and/or fat content, even though there is no corresponding reduction in the energy content (expressed in kilojoules or kilocalories) of the food in question;

Justification

The average consumer assumes that a food which is prominently advertised as having a substantially reduced sugar or fat content will have a similarly reduced energy content. However, this is often not the case, since sugar and/or fat have been replaced by other ingredients. On that basis, such statements mislead consumers.

Amendment  81

Proposal for a regulation

Article 7 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(cb) by using the description 'suitable for persons with special dietary requirements', although the food in question does not comply with Union rules on foods intended for persons with such requirements.

Justification

Many foodstuffs are labelled with the words 'suitable for persons with special dietary requirements', implying a substantially reduced sugar and fat content and, hence, a greatly reduced energy content, even though the latter is not the case. For that reason, the description 'suitable for persons with special dietary requirements' should be reserved for foods specifically intended for that purpose.

Amendment  82

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Subject to derogations provided for by Community legislation applicable to natural mineral waters and foods for particular nutritional uses, food information shall not attribute to any food the property of preventing, treating or curing a human disease, nor refer to such properties.

3. Subject to derogations provided for by Union legislation applicable to natural mineral waters and foods for particular nutritional uses, food information shall not attribute to any food the property of preventing, treating or curing a human disease, nor refer to such properties.

Amendment  83

Proposal for a regulation

Article 7 – paragraph 1 – introductory phrase

Text proposed by the Commission

Amendment

4. The prohibition referred to in paragraph 3 shall also apply to:

4. Paragraphs 1 and 3 shall also apply to:

Justification

Paragraph 1 should of course also apply to the advertising and presentation of foods. The German version also contains a translation error ('nicht' for 'also').

Amendment  84

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to paragraphs 3 and 4, food business operators, within the businesses under their control, shall ensure compliance with the requirements of food information law which are relevant to their activities and shall verify that such requirements are met.

1. The person responsible for food information shall ensure the presence and substantive accuracy of the particulars given.

Justification

Das Prinzip zielt darauf, dass Handelsunternehmen nicht für solche Umstände zur Verantwortung gezogen werden, die nicht in ihrem Geschäftsbereich bzw. Einflussbereich liegen. Um die Kohärenz des Gemeinschaftsrechts zu gewährleisten, ist es erforderlich, die Formulierung des Artikels 8 an die neulich verabschiedete Verordnung (EG) 767/2009 über das Inverkehrbringen und die Verwendung von Futtermitteln ( ) anzupassen. Dieser Text und der gegenwärtige Vorschlag basieren auf den gleichen Prinzipen der Verordnung (EG) 178/2002 und unterliegen den gleichen Kontrolleregeln der Verordnung (EG) 882/2004. Somit ist also unerlässlich, dass die Vorschriften bezüglich der Verantwortung der Betreiber dem gleichen Ansatz entsprechen und der deutlicheren Formulierung genießen, damit, wie von der Kommission im Erwägungsgrund 21 gewünscht, "es nicht zu einer Zersplitterung der Rechtsvorschriften in diesem Rahmen kommt".

Amendment  85

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Food business operators, within the business under their control, shall not modify the information accompanying a food if such modification would mislead the final consumer or otherwise reduce the level of consumer protection, particularly with regard to health.

2. Food business operators, within the business under their control, shall not modify the information accompanying a food if such modification would mislead the final consumer or otherwise reduce the level of consumer protection, particularly with regard to health and the ability to make informed choices.

Justification

Clarification

This requirement should not be limited solely to issues of health protection.

Amendment  86

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. Food business operators placing on the market for the first time a food intended for supply to the final consumer or mass caterer shall ensure the presence and accuracy of the food information in accordance with the applicable food information law.

3. To the extent that their activities affect the food information within the business under their control, food business operators shall ensure that the information provided satisfies the requirements of this Regulation.

Amendment  87

Proposal for a regulation

Article 8 - paragraph 4

Text proposed by the Commission

Amendment

Food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure, within the limits of their respective activities, the presence of the applicable food information requirements, in particular by not supplying foods which they know or presume to be non compliant, on the basis of the information in their possession as professionals.

4. If food business operators responsible for retail or distribution activities which do not affect food information learn that a food does not comply with the provisions of this Regulation, they shall withdraw this food immediately from distribution.

Justification

With a view to a clear demarcation of responsibilities, this provision should be drafted more clearly. The aim is that trading enterprises should not be held liable for matters which fall outside their sphere of responsibility or outside their control. The CJEC judgment in the 'Lidl-Italia' case has highlighted the inadequate degree of legal certainty enjoyed by food traders under existing law.

Amendment  88

Proposal for a regulation

Article 8 - paragraph 5

Text proposed by the Commission

Amendment

5. Food business operators within the business under their control shall ensure that information relating to non-prepacked food shall be transmitted to the operator receiving the food in order to enable, where appropriate, the provision of the mandatory food information specified in Article 9(1) points (a) to (c) and (f) to the final consumer.

5. Food business operators within the business under their control shall ensure that information relating to non-prepacked food is made available to the operator handling the food for further sale or further processing in order to enable him or her, when asked, to provide the final consumer with the mandatory food information specified in Article 9(1) points (a) to (c), (f) and (g) to the final consumer.

Justification

Clarification.

Amendment  89

Proposal for a regulation

Article 8 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

Notwithstanding subparagraph 1, food business operators shall ensure that the particulars referred to in Article 9(1) (a), (f) and (h) also appear on the external packaging in which the food is presented for marketing.

Notwithstanding subparagraph 1, food business operators shall ensure that the particulars referred to in Article 9(1) (a), (e), (f), (g) and (h) also appear on the external packaging in which the food is presented for marketing.

Justification

The net quantity is also an important information that should appear on the external packaging, as well as particulars relating to special storage conditions or special conditions of use.

Amendment  90

Proposal for a regulation

Article 9 - title

Text proposed by the Commission

Amendment

List of mandatory particulars

Does not apply to English version.

Justification

Linguistic improvement.

Amendment  91

Proposal for a regulation

Article 9 - paragraph 1 - introductory part

Text proposed by the Commission

Amendment

1. In accordance with Articles 10 to 34 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory.

1. In accordance with Articles 10 to 34 and subject to the exceptions contained in this Chapter, Chapter V and Chapter VI, indication of the following particulars shall be mandatory.

Justification

A reference to Chapters V and VI, clarifies that for non-prepacked food, not all mandatory particulars are required and that for food labelled voluntarily, the Chapter IV requirements apply only if voluntary information is provided. A food business operator that voluntarily provides nutritional information should not have to provide other information which would normally be required in the case of pre-packed food but that is irrelevant in the case of non-prepacked foods. In addition, food business operator should have the flexibility on how to provide that information.

Amendment  92

Proposal for a regulation

Article 9 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the name of the food;

(a) the name under which the product is sold;

Justification

Cf. amendment to Article 2(2)(m). 

Linguistic adjustment to ensure consistency with the current terminology of Directive 2000/13/EC (Labelling Directive) (cf. Article 3: inter alia 'the name under which the product is sold'.

Amendment  93

Proposal for a regulation

Article 9 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) any ingredient listed in Annex II causing allergies or intolerances, and any substance derived therefrom;

(c) the ingredients listed in Annex II causing allergies or intolerances, and any substance derived therefrom, with due respect to specific provisions for non-prepacked foods;

Justification

Linguistic improvement.

The Commission text, in connection with Article 13 (4), extends the obligation of labelling allergens for non-pre-packed food. A requirement to label allergens for non pre-packed food would entail a systematic labelling of allergens, to cover any risk of cross contamination. However, it seems that associations of people with allergies prefer a disclosure obligation on the retail space through a display or the provision of data sheets.

Amendment  94

Proposal for a regulation

Article 9 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the quantity of certain ingredients or categories of ingredients;

(d) the quantity of certain ingredients or categories of ingredients, in accordance with Annex VI;

Justification

Insertion of the correct cross-reference.

Amendment  95

Proposal for a regulation

Article 9 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the net quantity of the food;

(e) the net quantity of the food, at the moment of packaging;

Justification

The net quantity of a food may change during the period between production and sale and consumption. The producer can only influence the net quantity at the time of packaging and cannot be held responsible for any change in the net quantity which may have occurred by the time of sale and/or consumption of the food.

Amendment  96

Proposal for a regulation

Article 9 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) the date of minimum durability or the 'use by' date;

(f) the date of minimum durability or, in the case of foodstuffs which, from the microbiological point of view, are perishable, the 'use by' date;

Amendment  97

Proposal for a regulation

Article 9 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) in the case of frozen products, the date of manufacture;

Justification

This particular can be useful in enabling consumers to recognise frozen products which have been stored for too long ('rotten meat scandal').

Amendment  98

Proposal for a regulation

Article 9 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) any special storage conditions or conditions of use;

(g) any special storage conditions and/or conditions of use; including specifications on refrigeration and storage conditions and on the conservation of the product before and after the opening of the package, when it would be impossible to make appropriate use of the food in the absence of this information.

Amendment  99

Proposal for a regulation

Article 9 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) instructions for use when it would be impossible to make appropriate use of the food in the absence of such instructions;

Justification

Shifting of Article 9(1)(j) to this position in the text for reasons of structural clarity.

Amendment  100

Proposal for a regulation

Article 9 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) the name or business name and address of the manufacturer or packager, or of a seller established within the Community;

(h) the name or business name or a registered trademark and the address of the manufacturer established within the Union, of the packager and, for products coming from third countries, of the seller/the importer or, where appropriate, of the food business operator under whose name or business name the food is marketed;

Justification

It is necessary to ensure that the name or the business name and the address within the Community of the operator responsible for the first placing on the Community market are obligatorily mentioned. To this end, the list foreseen has to be extended and specified.

It is essential to establish a requirement to indicate the real producer of a food both in order to provide correct information to consumers and to promote the competitiveness of the food industry. The lack of such a requirement in the past has contributed to the spread of the phenomenon of private labels, which compromise the viability of undertakings and hence the very existence of agrofood undertakings.

In compliance with the principle of equal treatment of Community products and imported products, it is relevant to indicate the importer in the case of products imported from third countries.

Amendment  101

Proposal for a regulation

Article 9 – paragraph 1 – point i

Text proposed by the Commission

Proposed Consolidated Amendment

(i) the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance; in such cases the indication shall be in accordance with the rules laid down in Article 35(3) and (4) and those established in accordance with Article 35(5);

(i) the country of origin or place of provenance shall be given for the following:

 

 

- meat;

 

- poultry;

 

- dairy products;

 

- fresh fruit and vegetables;

 

-other single-ingredient products; and

 

meat, poultry and fish when used as an ingredient in processed foods.

 

For meat and poultry, the country of origin or place of provenance may be given as a single place for animals only where the animals have been born, reared and slaughtered in the same country or place. In other cases information on each of the different places of birth, rearing and slaughter shall be given.

 

Where there are reasons which would make it impractical to label the country of origin, the following statement may be given instead:

 

- "Of unspecified origin"

 

For all other foods, the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance; in such cases the indication shall be in accordance with the rules laid down in Article 35(3) and (4) and those established in accordance with Article 35(5);

Amendment  102

Proposal for a regulation

Article 9 - paragraph 2

Text proposed by the Commission

Amendment

2. The particulars referred to in paragraph 1 shall be indicated with words and numbers unless the consumers are informed, as regards one or more particulars, by other forms of expression established by implementing measures adopted by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

2. The particulars referred to in paragraph 1 shall be indicated with words and numbers.

Justification

The list of mandatory particulars is the core of the Regulation. Therefore, the forms of expression of these particulars should not be changed by means of the Comitology procedure, which is designed to amend non-essential elements.

Amendment  103

Proposal for a regulation

Article 9 - paragraph 3

Text proposed by the Commission

Amendment

3. The Commission may amend the list of mandatory particulars laid down in paragraph 1. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

The list in paragraph 1 contains vitally important provisions and should not therefore fall within the scope of the regulatory procedure.

Amendment  104

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission

Amendment

 

Article 9a

 

Derogations for micro-enterprises

 

Handcrafted products produced by micro-enterprises shall be exempted from the requirement laid down in Article 9(1)(l). Those products may also be exempted from the information requirements laid down in Article 9(1)(a) to (k) if they are sold on the site of production and the sales staff is able to provide the information on request. Alternatively, the information may be given via labels on the shelves.

Justification

Derogations should be admitted for micro-enterprises producing handcrafted products.

Amendment  105

Proposal for a regulation

Article 11

Text proposed by the Commission

Amendment

Derogations from the requirement for mandatory particulars

deleted

For specific types or categories of foods, the Commission may provide for derogations, in exceptional cases, from the requirements laid down in Article 9(1) (b) and (f), provided that such derogations do not result in the final consumer and mass caterers being inadequately informed. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

 

Justification

Unless otherwise stipulated in legal provisions governing specific foods or in the regulation, the requirement to provide mandatory particulars should apply to all foods and the Commission should have no scope to adopt derogations.

Amendment  106

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 9 shall be without prejudice to more specific Community provisions regarding weights and measures.

Article 9 shall be without prejudice to more specific Community provisions regarding weights and measures. The provisions of Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products1 shall be complied with.

 

_________

 

1 OJ L 247, 21.9.2007, p. 17.

Justification

To make the regulation easier to read a reference to Directive 2007/45/EC laying down rules on nominal quantities for prepacked products should be included.

Amendment  107

Proposal for a regulation

Article 13 - paragraph 2

Text proposed by the Commission

Amendment

2. In the case of prepacked food, mandatory food information shall appear on the package or on a label attached thereto.

2. In the case of prepacked food, mandatory food information shall appear on the package.

Justification

The deleted phrase could lead to foods being sold with 'instruction leaflets’. This should be avoided.

Amendment  108

Proposal for a regulation

Article 13 - paragraph 3

Text proposed by the Commission

Amendment

3. The availability of certain mandatory particulars by means other than on the package or on the label may be established by the Commission provided the general principles and requirements laid down in Chapter II of this Regulation are met. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

The indication of the mandatory particulars is the core of the Regulation. The means by which this information is made available must not be changed by measures designed to amend non-essential elements of this Regulation.

Amendment  109

Proposal for a regulation

Article 13 – paragraph 4

Text proposed by the Commission

Amendment

4. In the case of non-prepacked food, the provisions of Article 41 shall apply.

deleted

Amendment  110

Proposal for a regulation

Article 14 - paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to specific Community legislation applicable to particular foods a regards to the requirements referred to in Article 9(1) (a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure significant contrast between the print and the background.

1. Without prejudice to specific Union legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in such a way as to ensure clear legibility. Criteria like font size, font type, contrast between the font and background, line and character pitch etc. should be considered.

 

In the context of a consultation procedure, the Commission shall draw up a binding concept together with the stakeholders concerned, including consumer organisations, specifying guidelines for legibility of consumer information on food.

 

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

Amendment  111

Proposal for a regulation

Article 14 - paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. In the case of products intended for particular nutritional uses, as defined in Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes and infant formulae, follow-on formulae and diversification foods intended for infants and young children, which fall within the scope of Commission Directive 2006/141/EC of 22 December 2006 and Commission Directive 2006/125/EC of 5 December 2006, which are subject to mandatory labelling requirements

under Union legislation in addition to those particulars referred to in Article 9(1), the font size should be such that it meets the need for information for consumers to be legible and for additional information related to the particular use of those foods.

Amendment  112

Proposal for a regulation

Article 14 - paragraph 3

Text proposed by the Commission

Amendment

3. Detailed rules concerning the presentation of mandatory particulars and the extension of the requirements referred to in paragraph 2 to the additional mandatory particulars for specific categories or types of food referred to in Articles 10 and 38 may be adopted by the Commission. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3);

deleted

Justification

This paragraph would grant the Commission overly broad powers, since these provisions can by no means be described as ‘non-essential elements’ of the regulation.

Amendment  113

Proposal for a regulation

Article 14 - paragraph 4

Text proposed by the Commission

Amendment

4. The minimum font size referred to in paragraph 1 shall not apply in case of packaging or containers the largest surface of which has an area of less than 10 cm2.

deleted

Justification

Particulars printed on packaging or containers whose largest surface has an area of less than 10 cm² should also be legible, since otherwise they would be pointless. The only important issue here is that of which particulars should be mandatory on small food packaging or containers. This matter is dealt with elsewhere.

Amendment  114

Proposal for a regulation

Article 14 – paragraph 5

Text proposed by the Commission

Amendment

5. Paragraph 2 shall not apply in the case of foods specified in Article 17(1) and (2).

5. Paragraph 2 shall not apply in the case of foods specified in Article 17(1) and (2). Specific national provisions may be adopted for such packaging or containers in the case of Member States which have more than one official language.

Amendment  115

Proposal for a regulation

Article 14 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. Abbreviations, including initials, may not be used if they are liable to mislead consumers.

Amendment 116

Proposal for a regulation

Article 14 - paragraph 6

Text proposed by the Commission

Amendment

6. Mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.

6. Mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, or interrupted by any other written or pictorial matter, any other intervening material or the food packaging itself, for example an adhesive hinge.

Justification

Necessary amplification: there could be differing interpretations of what constitutes material which detracts from the mandatory food information, jeopardising legal certainty for food traders.

Amendment              117

Proposal for a regulation

Article 14 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. Indicating the mandatory particulars shall not lead to an increase in the size and/or bulk of the packing material or food container and shall not otherwise increase the burden on the environment.

Justification

Mandatory indication of food information might give market operators cause to change the quantity of packaging, with an inherent risk of an increase in the amount of waste from packaging. This would be contrary to the principle of prevention which underpins the European Union’s waste management rules.

Amendment  118

Proposal for a regulation

Article 15 – point a

Text proposed by the Commission

Amendment

(a) mandatory food information shall be available before the purchase is concluded and shall appear on the material supporting the distance selling or be provided through other appropriate means;

(a) the food information stipulated in Articles 9 and 29 shall be available at the request of consumers before the purchase is concluded and may appear on the material supporting the distance selling or be provided through other appropriate means.

Justification

Regular changes in product composition, for example a reduction in the salt content and the substitution of fat make it practically impossible to provide up-to-date information on all material supporting distance selling. Catalogues and brochures are the most widespread sales means in distance selling, particularly in the case of small and medium-sized undertakings. In addition to the considerable costs involved, this proposal would result in considerable environmental pollution, since catalogues would in future need four times the volume of paper in order to comply with the mandatory information requirements.

Amendment  119

Proposal for a regulation

Article 15 - point b

Text proposed by the Commission

Amendment

(b) the particulars provided in Article 9(1) points (d), (f), (g), (h) and (k) shall be mandatory only at the moment of delivery.

(b) the particulars provided in Article 9 points  (f), and (j) shall be mandatory only at the moment of delivery.

Justification

The alcohol content of alcoholic beverages is extremely important information that must be available to consumers buying online or by mail order before the product is delivered. Instructions for use, however, are needed only when the food is consumed, and can therefore be provided at the moment of delivery.

Except for the minimum durability date, which cannot be given in advance, food supplied through distance selling should meet the same information requirements as food sold in shops.

Amendment  120

Proposal for a regulation

Article 16 - paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 9(2), mandatory food information shall appear in a language easily understood by the consumers of the Member States where a food is marketed.

1. Without prejudice to Article 9(2), mandatory food information shall appear in a form of words understandable for an average consumer in the Member State where a food is marketed.

Justification

The term ‘form of words’ covers both the official language and the wording.

Amendment  121

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. Within their own territory, the Member States in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of the Community.

2. Within their own territory, the Member States in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of the Union. This requirement may not, however, prevent mandatory information being given instead in other official languages of the Union that are easily understood by the consumers in the member state in question.

Justification

While mandatory information on foodstuffs must be given in a language that consumers understand, the rules should not disrupt the free movement of goods. Language rules should be flexible enough to permit consumers to receive information in a language which they can understand without difficulty. ECJ case law has supported such flexibility.

Amendment  122

Proposal for a regulation

Article 16 - paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Foods sold in a duty-free zone may be placed on the market with a form of words presented solely in English.

Justification

Sales in a duty-free zone are mainly aimed at international travellers and not at consumers purchasing on the national market. In the case of these foods, therefore, it should be possible to provide the information only in the international vehicular language, English.

Amendment  123

Proposal for a regulation

Article 17 - title

Text proposed by the Commission

Amendment

Omission of certain mandatory particulars

Derogations from the requirement to provide certain mandatory particulars

Justification

Drafting change.

Amendment  124

Proposal for a regulation

Article 17 - paragraph 1

Text proposed by the Commission

Amendment

1. In the case of glass bottles intended for reuse which are indelibly marked and which therefore bear no label, ring or collar only the particulars listed in Article 9(1) (a), (c), (e), (f) and (l) shall be mandatory.

1. In the case of glass bottles intended for reuse which are indelibly marked and which therefore bear no label, ring or collar only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory.

Justification

A mandatory nutrition declaration is rejected. Glass bottles which are intended for reuse are usually sold as individual portions (e.g. 200 ml or 250 ml). There is very limited space available on such bottles for labelling information. The current amount of information should therefore be retained, i.e. name under which the product is sold, net quantity, allergens and the date of minimum durability (see Article 13(4) of Directive 2000/13/EC (Labelling Directive).

Amendment  125

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. In the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the package or on the label. The particulars referred to in Article 9(1)(b) shall be provided through other means or shall be available at the request of the consumer.

2. In the case of packaging or containers the largest printable surface of which has an area of less than 80 cm2 only the particulars listed in Article 9(1) (a), (c), (e) and (f) and in Article 29(1)(a) shall be mandatory on the package or on the label. Provision of further particulars on the package shall be possible on a voluntary basis. The particulars referred to in Article 9(1)(b) shall be provided through other means or shall be available at the request of the consumer.

Justification

The indication of the energy content of a food is an essential item of information and can be a decisive factor in a well-informed purchasing decision. The provision of additional voluntary particulars by the manufacturer should be possible.

Amendment  126

Proposal for a regulation

Article 17 - paragraph 3

Text proposed by the Commission

Amendment

3. Without prejudice to other Community legislation requiring mandatory nutrition declaration, the declaration referred to in Article 9(1)(l) shall not be mandatory for the foods listed in Annex IV.

3. Without prejudice to other Community legislation requiring mandatory nutrition declaration, the nutrition declaration referred to in Article 9(l)(1) shall not be mandatory for the foods listed in Annex IV.

Justification

The derogations on package size in the Commission proposal are unrealistic and unfeasible.

Amendment  127

Proposal for a regulation

Article 17 - paragraph 3 - subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The particulars listed in Articles 9 and 29 shall not be mandatory for nonprepacked goods, including those provided by mass caterers within the meaning of Article 2(2)(d).

Justification

Enterprises in the food retail trade and the traditional food production sector, which also include providers of mass catering services, as well as farmers engaged in direct marketing, likewise produce products for direct delivery to the consumer. There are no standardised procedures: ingredients change on a daily basis. It should also be borne in mind that the traditional food production sector is particularly responsible for preserving regional specialities, for creativity and for innovation and thus ensures the diversity of the products available. It is therefore important to exclude these producers from the nutrition declaration requirement.

Amendment  128

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

 

Food chains serving standardised food shall indicate the particulars referred to in Article 9(1)(a), (b), (c), (i) and (l) on the package of the food.

Justification

Mass caterers who serve standardized food, e.g. fast food chains, shall provide the following information on the package: name, ingredients, allergens, and country of origin of the food, as well as a nutrition declaration.

Amendment  129

Proposal for a regulation

Article 18 - paragraph 1

Text proposed by the Commission

Amendment

1. The name of the food shall be its legal name. In the absence of such name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food shall be provided.

1. The name of the food shall be its name as provided for in the relevant legislation. In the absence of such a name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food shall be provided.

Justification

Linguistic change in line with the terminology used in the Labelling Directive 2000/13/EC.

Amendment  130

Proposal for a regulation

Article 19 - paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. For products containing nanomaterials, this must be clearly indicated, using the word 'nano', in the list of ingredients.

Justification

This addition is in the interests of transparency and will ensure freedom of choice for consumers.

Amendment 131

Proposal for a regulation

Article 19 – paragraph 1b (new)

Text proposed by the Commission

Amendment

 

1b. For foods where eggs or egg products are among the five first ingredients, the terms referred to in Annex I to Commission Regulation (EC) No 557/2007 shall be added in brackets after the respective ingredient in the ingredient list, in accordance with the farming method used for the production of the eggs. For eggs from organic production, the respective ingredient may be labelled in accordance with Article 23(4)(b) of Council Regulation (EC) No 834/2007,.

Justification

Many consumers would like to know by which farming method the eggs contained in their food have been produced. The ingredients must therefore be specified by the terms ‘Free range eggs’, ‘Barn eggs’ or ‘Eggs from caged hens’.

Amendment  132

Proposal for a regulation

Article 20 - title

Text proposed by the Commission

Amendment

Omission of the list of ingredients

General derogations from the requirement to list ingredients

Justification

Linguistic improvement for the sake of comprehensibility.

Amendment  133

Proposal for a regulation

Article 21 – title and introductory phrase

Text proposed by the Commission

Amendment

Omission of constituents of food from the list of ingredients

 

The following constituents of a food shall not be required to be included in the list of ingredients:

The following shall not be regarded as ingredients of a food:

Justification

Change to the title for the sake of better comprehensibility. Article 21 proposes a change of system for no comprehensible reason: whereas the substances and products listed were hitherto excluded, by a legal fiction, from the concept of 'ingredients', in future they are apparently only to be exempt from the requirement to be included in the list of ingredients. The existing approach should be retained. A change would have critical repercussions on a multiplicity of EC legal provisions which refer to the concept of 'food ingredient' (including Regulation (EC) No 1829/2003 or the future regulation on enzymes) [cf. exceptions in Article 2(4)].

Amendment  134

Proposal for a regulation

Article 21 – point c

Text proposed by the Commission

Amendment

(c) substances used in the quantities strictly necessary as solvents or media for nutritional substances, food additives or flavouring;

(c) substances used in the quantities strictly necessary as solvents or media for nutritional substances, food additives, enzymes or flavouring;

Justification

Completion of the list of substances.

Amendment  135

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. Any ingredient listed in Annex II or any substance originating from an ingredient listed in that Annex, subject to the exceptions thereof provided for in that Annex, shall be indicated on the label with a precise reference to the name of the ingredient.

 

 

1. Any ingredient listed in Annex II or any substance originating from an ingredient listed in that Annex, subject to the exceptions thereto provided for in that Annex, shall always be indicated in the list of ingredients in such a way that the potential for allergy or intolerance is immediately clearly recognisable.

Justification

Clarification, to make it clear that the names of ingredients must be chosen in such a way that allergy sufferers can recognise the allergy potential of the ingredients.

Amendment  136

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 2 - point b a (new)

Text proposed by the Commission

Amendment

 

(ba) the food is not prepacked. In this case it must be indicated in a clearly visible manner in the sales area or on menus that:

 

- customers can obtain information regarding allergenic substances directly during the sales talk and/or by means of material displayed on the premises

 

- the possibility of cross-contamination cannot be excluded.

Justification

In the case of non-prepacked goods, it would be virtually impossible to provide far-reaching allergy labelling for all products, and this would particularly place small and medium-sized undertakings at a considerable competitive disadvantage and increase their costs. In addition, the possibility of cross-contamination cannot be excluded in premises where the area available for processing is limited. The compulsory clear sign gives undertakings legal certainty.

Amendment  137

Proposal for a regulation

Article 23 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the ingredient or category of ingredients concerned appears in the name of the food or is usually associated with that name by the consumer; or

(a) the ingredient or category of ingredients concerned appears in the name under which the food is sold or is usually associated with that name by the consumer; or

Justification

The terminology used in the Labelling Directive (2000/13/EC) should be retained.

Amendment  138

Proposal for a regulation

Article 23 - paragraph 2

Text proposed by the Commission

Amendment

2. The Commission may amend paragraph 1 by adding other cases. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

This paragraph would grant the Commission overly broad powers, since these provisions can by no means be described as ‘non-essential elements’ of the regulation.

Amendment  139

Proposal for a regulation

Article 24 - paragraph 1 - point a

Text proposed by the Commission

Amendment

(a) in units of liquid in the case of liquids;

(a) in units of liquid in the case of liquids within the meaning of Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption1;

 

__________

 

1 OJ L 176, 6.7.1985, p. 18.

Justification

Linguistic change in line with the terminology used in the Labelling Directive 2000/13/EC.

Amendment  140

Proposal for a regulation

Article 25 – title

Text proposed by the Commission

Amendment

Minimum durability date and ‘use by’ date

Minimum durability date, 'use-by' date and date of manufacture

Justification

Necessitated by the addition of the date of manufacture in Article 25(2).

Amendment  141

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. The appropriate date shall be expressed in accordance with Annex IX.

2. The appropriate date shall be easy to find and shall not be hidden. It shall be expressed as follows:

 

A. DATE OF MINIMUM DURABILITY:

 

(a) The date shall be preceded by the words:

 

- Best before …’ when the date includes an indication of the day;

 

- ‘Best before end …’ in other cases.

 

(b) The words referred to in point (a) shall be accompanied by either:

 

- the date itself; or

 

- a reference to where the date is given on the labelling.

 

If necessary, these particulars shall be followed by a description of the storage conditions which must be observed if the product is to keep for the specified period.

 

(c) The date shall consist of the day, month and year, uncoded, in this order.

 

However, in the case of foods:

 

- which will keep for less than three months: the day and month shall be stated;

 

- which will keep for more than three but no more than 18 months: the month and year shall be stated;

 

- which will keep for more than 18 months, an indication of the year will suffice.

 

(d) the date of minimum durability shall be indicated on each individual prepackaged portion.

 

(e) Subject to Union provisions imposing other types of date indication, an indication of the date of minimum durability shall not be required for:

 

- fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated; this derogation shall not apply to sprouting seeds and similar products such as legume sprouts;

 

- wines, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, and beverages and manufactured from grapes or grape musts falling within CN codes 22060091, 22060093 and 22060099;

 

- beverages containing 10 % or more by volume of alcohol;

 

- soft drinks, fruit juices, fruit nectars and alcoholic beverages containing more than 1,2 % by volume of alcohol in individual containers of more than five litres, intended for supply to mass caterers;

 

- bakers' or pastry cooks' wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture;

 

- vinegar;

 

- cooking salt;

 

- solid sugar;

 

confectionery products consisting almost solely of flavoured and/or coloured sugars;

 

- chewing gums and similar chewing products.

 

 

 

B. 'USE-BY' DATE:

 

(a) It shall be preceded by the words ‘use by …’;

 

(b) The words in point (a) shall be accompanied by:

 

- either the date itself, or

 

- a reference to where the date is given on the labelling.

 

Those particulars shall be followed by a description of the storage conditions which must be observed.

 

(c) The date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form.

 

(d) Detailed rules for the indication of the date of minimum durability under section A(c) of this paragraph can be adopted pursuant to the regulatory procedure under Article 49(2).

 

C. DATE OF MANUFACTURE:

 

(a) The date shall be preceded by the words 'Manufactured on'.

 

(b) The words referred to in point (a) shall be accompanied by either:

 

- the date itself; or

 

- a reference to where the date is given on the labelling.

 

(c) The date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form.

Justification

For the sake of clarity, Annex IX should be incorporated into the legislative text and amplified to include provisions on the date of manufacture in keeping with Article 25(2), (a) and (b) (new). The derogation from the requirement to indicate the date of minimum durability for ice cream packaged in individual portions is deleted.

Individual portions can be separated from the package or lot in which they have been sold, so it is essential that each detachable portion bears the date of minimum durability.

Amendment  142

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. The instructions for use of a food shall be indicated in such a way as to enable appropriate use to be made thereof.

1. The instructions for use of a food shall be indicated in such a way as to enable appropriate use to be made thereof. Where appropriate, instructions shall be provided on refrigeration and storage conditions and on the time limit for consumption after opening the packaging.

Justification

Refrigeration and storage conditions may affect the durability of a food and should therefore be indicated.

Amendment  143

Proposal for a regulation

Section 3 – title

Text proposed by the Commission

Amendment

Nutrition declaration

Nutrition labelling

Justification

Clarification.

Amendment  144

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 1 - point b and b a (new)

 

Text proposed by the Commission

 

Amendment

(b) the amounts of fat, saturates, carbohydrates with specific reference to sugars, and salt.

(b) the amounts of fat, saturates, sugars, and salt;

 

(ba) the amounts of protein, carbohydrates, fibre, natural and artificial transfats.

Amendment  145

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration for these products. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

 

This paragraph shall not apply to beverages containing alcohol. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for providing consumers with nutritional information on these products. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

Justification

If wine, beer and spirits are excepted but other alcoholic beverages are not, harmonisation in the industry will be impossible. That would favour certain products and discriminate against others. It would distort competition and consumers would be misled about the respective composition of different products.

Amendment  146

Proposal for a regulation

Article 29 paragraph 2-4

Text proposed by the Commission

Amendment

2. The nutrition declaration may also include the amounts of one or more of the following:

2. The nutrition declaration may also additionally include the amounts of one or more of the following:

(a) trans fats;

 

(b) mono-unsaturates;

(b) mono-unsaturates;

(c) polyunsaturates;

(c) polyunsaturates;

(d) polyols;

(d) polyols;

 

(da) cholesterol;

(e) starch;

(e) starch;

(f) fibre;

 

(g) protein;

 

(h) any of the minerals or vitamins listed in point 1 of Part A of Annex XI, and present in significant amounts as defined in point 2 of Part A of Annex XI.

(h) any of the minerals or vitamins present in significant amounts pursuant to point 1 of Part A of Annex XI, in accordance with the values indicated in point 2 of Part A of Annex XI.

 

(ha) other substances within the meaning of Part A of Annex XIII and constituents of those nutrients.

 

(hb) other substances as defined in Regulation (EC) No 1925/2006.

3. The declaration of the amount of substances which belong to or are components of one of the categories of nutrients referred to in paragraph 2 shall be required where a nutrition and/or health claim is made.

3. The declaration of the amount of substances which belong to or are components of one of the categories of nutrients referred to in paragraph 2 shall be required where a nutrition and/or health claim is made.

4. The lists in paragraphs 1 and 2 may be amended by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

 

Justification

In the German version, 'transisomere Fettsäuren' should be replaced by 'Transfettsäuren'. 'Cholesterol' should be inserted. Protein has been dealt with under Article 29(1)(b).

The correct German translation of 'sugars' is 'Zuckerarten' (cf. Directive 2001/111/EC on certain sugars).

The list of nutrients which may additionally be indicated voluntarily in the nutrition labelling should accord with other EC legislation (e.g. Regulation (EC) No 1925/2006 on the addition of certain substances to foods). Paragraph 2 should therefore be supplemented accordingly.

The amendment ensures that cholesterol may also be included in additional nutrition labelling.

Amendment  147

Proposal for a regulation

Article 30 - paragraph 2

Text proposed by the Commission

Amendment

2. Conversion factors for the vitamins and minerals mentioned in point 1 of Part A of Annex XI, in order to calculate more precisely their content in foods, may be set and included in Annex XII by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

2. Conversion factors for the vitamins and minerals mentioned in point 1 of Part A of Annex XI, in order to calculate more precisely their content in foods, shall be set and included in Annex XII by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

Justification

To ensure that vitamins and minerals are calculated in accordance with uniform conversion factors.

Amendment  148

Proposal for a regulation

Article 30 - paragraph 4

Text proposed by the Commission

Amendment

4. The declared values shall, according to the individual case, be average values based on:

4. The declared values shall, according to the individual case, be average values at the end of the minimum durability period taking account of appropriate tolerances and shall be based on:

(a) the manufacturer’s analysis of the food; or

(a) the manufacturer’s analysis of the food; or

(b) a calculation from the known or actual average values of the ingredients used; or

(b) a calculation from the known or actual average values of the ingredients used; or

(c) a calculation from generally established and accepted data.

(c) a calculation from generally established and accepted data.

The rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks may be decided upon in accordance with the procedure laid down in Article 49(2).

The rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks shall be adopted, after the European Food Safety Authority has given its opinion, in accordance with the regulatory procedure with scrutiny as referred to in Article 49(3).

Justification

In the interests of legal certainty, the legislative text should indicate more specifically that the average values must relate to the end of the minimum durability period. Natural or added vitamins and minerals are subject to natural decomposition and fluctuation processes. For example, in the course of the minimum durability period of a product Vitamin C can decompose substantially through natural processes (depending on storage conditions, sunlight, etc.). In addition, the quantities of nutrients in a product fluctuate naturally according to the harvest or variety. For this reason, rounding rules and tolerances should be adopted for the labelling of nutrition quantities throughout the EU as soon as possible.

The determination of the allowed level of differences between the declared values and those established in the course of official checks will be crucial for the application of the Regulation and should therefore be decided upon in accordance with the regulatory procedure with scrutiny.

Amendment  149

Proposal for a regulation

Article 31 - paragraph 1

Text proposed by the Commission

Amendment

1, The amount of energy and nutrients or their components referred to in Article 29(1) and (2) shall be expressed using the measurement units listed in Part A of Annex XIII.

1, The amount of energy and nutrients or their components referred to in Article 29(1) and (2) shall be expressed using the measurement units listed in Annex XIII.

Justification

Follows from the condensation of Parts A to C in Annex XIII as provided for by Amendment 203.

Amendment  150

Proposal for a regulation

Article 31 - paragraph 2

Text proposed by the Commission

Amendment

2. The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or, subject to Article 32(2) and (3), per portion.

2. The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100g or per 100ml.

 

In addition, the amount of energy and nutrients may be expressed per portion.

 

If the food is prepacked as an individual portion, the energy and nutrition values referred to in paragraph 1 must also be indicated per portion.

 

If information is provided per portion, the number of portions which the package contains must be indicated, the portion size must be realistic and it must be presented or explained in a manner which is comprehensible to the average consumer.

 

In cooperation with food enterprises and the competent authorities of the Member States, the Commission shall develop guidelines for the indication of realistic portion sizes. Such measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

Justification

Expressing the amount of energy and nutrients per 100 g or 100 ml enables consumers to compare products directly. Accordingly, as a matter of principle these indications should also be mandatory for foods packaged as portions. Naturally enough, it should also be possible to express the amount of energy and nutrients per portion in the specific case of foods packaged as portions. In order to make it easier for consumers to obtain the information they require, it should be compulsory to indicate portion size where individual portions are supplied in multipacks. In the case of multi-portion packagings, indication of the number of portions in the package is helpful, as a way of placing the energy indication per portion in context.

The definition of portion size should reflect the way consumers actually think about food. For example, consumers can more easily understand what is meant by a portion consisting of eight units or items (e.g. in the case of biscuits) or of half a cup (e.g. in the case of nuts) than corresponding indications in grams. In addition, portion sizes should be based on realistic average consumption in order to rule out misleading indications. For example, the portion size of 25 g often indicated on packaging has proved to be an unrealistic point of reference.

Amendment  151

Proposal for a regulation

Article 31 - paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a, If indications pursuant to paragraph 3 are provided, the following additional information must be indicated in close proximity to the table concerned. 'Average daily requirement of a middle-aged woman. Your personal daily requirement may differ.'

Justification

The reference quantities indicated in Annex XI describe the daily requirement of an average middle-aged woman who is physically active. This should be made clear in order to safeguard other population groups against dietary errors.

Amendment  152

Proposal for a regulation

Article 31 - paragraph 4

Text proposed by the Commission

Amendment

4. The declaration of polyols and/or starch and the declaration of type of fatty acids, other than the mandatory declaration of saturates referred to in Article 29(1)(b), shall be presented in accordance with Annex XIII Part B.

4. The declaration of polyols and/or starch and the declaration of type of fatty acids, other than the mandatory declaration of saturates and trans fats referred to in Article 29(1)(b), shall be presented in accordance with Annex XIII.

Justification

Follows from the condensation of Parts A to C in Annex XIII as provided for by Amendment 203.

Trans fats shall be part of the mandatory nutrition declaration in addition to saturated fats and therefore shall be removed from the voluntary particulars.

Amendment  153

Proposal for a regulation

Article 32

Text proposed by the Commission

Amendment

Article 32Expression on a per portion basis

 

1. In addition to the nutrition declaration per 100g or per 100ml referred to in Article 31(2), the information may be expressed per portion as quantified on the label, provided that the number of portions contained in the package is stated.

2. The nutrition declaration may be expressed on a per portion basis alone if the food is prepacked as an individual portion.

3. The expression on a per portion basis alone for foods presented in packages containing multiple portions of the food, that have not been prepacked as individual portions, shall be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

Superfluous once the relevant provisions have been brought together in Article 31(2).

Amendment  154

Proposal for a regulation

Article 33 – paragraph 1 – introduction

Text proposed by the Commission

Amendment

1. In addition to the forms of expression referred to in Article 31(2) and (3), the nutrition declaration may be given by other forms of expression provided that the following essential requirements are met:

1. In addition to the forms of expression referred to in Articles, 29(1), 29(2), 31(2) and (3) graphic forms of expression may be given provided that the following essential requirements are met:

Amendment  155

Proposal for a regulation

Article 33 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the form of expression aims to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet; and

(a) such forms of presentation shall not mislead the consumer or divert attention from the mandatory nutrition declaration; and

Amendment  156

Proposal for a regulation

Article 33 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) it is supported by independent consumer research evidence which shows that the average consumer understands the form of expression.

Justification

This ensures that any additional forms of expression are only allowed if independent consumer research supports this.

Amendment  157

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be included in the principal field of vision. They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturates, carbohydrates with specific reference to sugars, and salt.

1. The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be included on the front of pack. They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturates, sugars and salt.

Justification

In line with amendments to article 29 (1) a

Amendment  158

Proposal for a regulation

Article 34 - paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. In addition to the presentation pursuant to paragraph 1 in kilocalories per 100 g/ml and, optionally, per portion pursuant to Article 31(2), the energy content labelling required pursuant to Article 29(1)(a) and Annex XI, Part B, shall appear in the bottom right-hand corner of the front of the packaging, in a font size of 3 mm and surrounded by a border.

Justification

Energy content is one of the most important items of information in connection with foods. For that reason, irrespective of the product concerned the relevant particulars should be repeated on the front of the packaging, in the same place and in conspicuous form, so that the consumer can observe them immediately.

Amendment  159

Proposal for a regulation

Article 34 - paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. Gift packagings are exempt from the requirement to repeat the energy content on the front of the packaging as provided for by paragraph 1a.

Justification

The visual and aesthetic character of gift packages containing chocolates or praline products for festive occasions such as Mother's Day would be destroyed if mandatory nutrition information had to be shifted to the front of the pack.

Amendment  160

Proposal for a regulation

Article 34 - paragraph 2 – subparagraph 1 and 2

Text proposed by the Commission

Amendment

2. The nutrition declaration in relation to the nutrients referred to in Article 29(2) shall appear together in one place and, as appropriate, in the order of presentation provided in Part C of Annex XIII.

2. The voluntarily expanded nutrition declaration in relation to the nutrients referred to in Article 29(2) shall appear, as appropriate, in the order of presentation provided in Annex XIII. Paragraph 1 shall apply mutatis mutandis.

When this nutrition declaration does not appear in the principal field of vision, it shall be presented in tabular form, with the numbers aligned if space permits.

 

Amendment  161

Proposal for a regulation

Article 34 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. If the nutrition declaration for foods listed in Annex IV is mandatory because a nutrition or health claim is made, the nutrition declaration shall not be required to appear in the principal field of vision.

Justification

The requirement for the mandatory nutrition declaration to appear in the main field of vision is impractical on small packagings (e.g. chewing gum products). If foods listed in Annex IV make a nutritional or health-related claim, they should therefore be exempted from the requirement that the nutrition declaration must appear in the main field of vision.

Amendment  162

Proposal for a regulation

Article 34 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. Paragraph 1 shall not apply to foods defined in Council Directive 89/398/EEC and in the specific directives referred to in Article 4(1) of that Directive.

Justification

PARNUTS foods such as infant formulae, follow-on formulae, complementary foods for infants and young children and dietary foods for special medical purposes falling under Council Directive 2009/39/EC are specifically formulated to meet the particular nutritional needs of their target population. The requirement to include a nutrition declaration on the basis of Article 9.1(l) of the proposed regulation is not in line with the use of these products. Furthermore, limited nutrition information in the principal field of vision on PARNUTS foods may present the products in a misleading way, prompting vulnerable consumer groups to choose other products believed to be nutritionally superior.

Amendment  163

Proposal for a regulation

Article 34 - paragraph 4 – subparagraph 1 and 1 a (new)

Text proposed by the Commission

Amendment

4. In cases where the amount of energy or nutrient(s) in a product is negligible, the nutrition declaration on those elements may be replaced by a statement such as ‘Contains negligible amounts of …’ in close proximity to the nutrition declaration when present.

4. In cases where the amount of energy or the amount of individual nutrients in a product is negligible, the nutrition declaration on those elements may be replaced by a statement such as ‘Contains negligible amounts of …’ in close proximity to the nutrition declaration when present.

 

In cases where the amount of energy or nutrient(s) in a product is equal to zero, the nutrition declaration for those elements may be replaced by the indication ‘Contains no …’ in close proximity to the nutrition declaration when present.

Justification

Simpler implementation of the regulation.

Amendment  164

Proposal for a regulation

Article 34 - paragraph 6

Text proposed by the Commission

Amendment

6. Rules relating to other aspects of presentation of nutrition declaration, other than those referred to in paragraph 5, may be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

6. Compliance with the requirements laid down in paragraph 5(a) and (b) shall be enforced by the Commission, after consulting the EFSA and representatives of the relevant interest groups, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

Justification

These are essential provisions, the amendment of which cannot be a matter for the Commission alone.

Amendment  165

Proposal for a regulation

Article 34 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. Five years after entry into force of this Regulation, the Commission shall present an evaluation report on the form of presentation described in paragraphs 1-6.

Justification

An evaluation of the forms of presentation shall be carried out in order to identify advantages and disadvantages.

Amendment  166

Proposal for a regulation

Article 34 – paragraph 6 b (new)

Text proposed by the Commission

Amendment

 

6b. Other forms of presentation referred to in paragraph 5 shall be identified and notified to the Commission. The Commission may make those details available to the public including through a dedicated page on the Internet.

Justification

This amendment allows for other forms of presentation to be adopted if it does not mislead the consumer and if there is strong evidence to show that this form of presentation is better understood by the consumer. It also ensures that any additional presentation that are made are publicised to both the Commission and the public.

Amendment  167

Proposal for a regulation

Chapter V - title

Text proposed by the Commission

Amendment

Voluntary Food Information

Origin Food Labelling

Justification

Clarification.

Amendment  168

Proposal for a regulation

Article 35 - title

Text proposed by the Commission

Amendment

Applicable requirements

Requirements

Justification

Anything which is superfluous should be deleted.

Amendment  169

Proposal for a regulation

Article 35 - paragraph 1

Text proposed by the Commission

Amendment

1. Where food information covered by this Regulation is provided on a voluntary basis, such information shall comply with the relevant specific requirements laid down in this Regulation.

deleted

Justification

Necessitated by the amendment of the title in Chapter V.

Amendment  170

Proposal for a regulation

Article 35 – paragraph 1 a - c (new)

Text proposed by the Commission

Amendment

 

1a. Voluntary information shall not be displayed to the detriment of the space available for mandatory information.

 

1b. All relevant information regarding voluntary food information schemes, such as the underlying criteria and scientific studies, shall be made available to the public.

 

1c. Additional voluntary nutrition information for specific target groups, for example children, shall continue to be permitted provided that these specific reference values are scientifically proven, do not mislead the consumer and are in accordance with the general conditions laid down in this Regulation.

Justification

The reference values given in Annex IX, Part B refer to the average adult. Divergent reference values, for products with a specific target group, for example children, which have already been introduced by the industry and which have been scientifically tested, should continue to be admissible as additional information.

This provision is essential to ensure transparency.

Amendment  171

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Without prejudice to labelling in accordance with specific Community legislation, paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the European Community or a given country or place.

2. Without prejudice to labelling in accordance with specific Community legislation, such as Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed and Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, paragraph 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the European Community or a given country or place. In such cases, the food shall be labelled ‘Manufactured in the EU (Member State)’. In addition, a region of origin may be indicated. Such voluntary indications of the country or the region of origin shall not impede the internal market.

Justification

The indication of a region of origin reflects the wish of many consumers that regional specialities should be labelled as such. Labelling a product ‘Manufactured in the EU’ demonstrates compliance with the relevant Community food legislation and may thus constitute information of interest to consumers.

Furthermore, the internal market shall not be impeded by the introduction of such indications of the country of the region of origin.

Amendment  172

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the country of origin or the place of provenance of the food is not the same as the one of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s) shall also be given.

deleted

Justification

It is important for the consumer to know where the product comes from. In some cases, however, it may not always be possible to state one country of origin since the content of the product can come from different countries at the same time or change daily. Current rules relating to the provision of origin labelling foresee the indication of provenance on a voluntary basis unless the exclusion of such provisions would seriously mislead the consumer as to the true origin of the foodstuff. These rules should be maintained and not be replaced by new wording.

Amendment  173

Proposal for a regulation

Article 35 – paragraph 5

Text proposed by the Commission

Amendment

5. Implementing rules concerning the application of paragraph 3 shall be established by the Commission. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Amendment  174

Proposal for a regulation

Article 35 – paragraph 6

Text proposed by the Commission

Amendment

6. Implementing rules concerning the conditions and criteria of use of particulars voluntarily provided may be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Amendment  175

Proposal for a regulation

Article 35 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. The term ‘vegetarian’ should not be applied to foods that are, or are made from or with the aid of products derived from animals that have died, have been slaughtered, or animals that die as a result of being eaten. The term ‘vegan’ should not be applied to foods that are, or are made from or with the aid of, animals or animal products (including products from living animals).

Justification

Currently, the terms "vegetarian" and "vegan" are not legally protected. This means in practice that each producer can mark his product as "vegetarian" even if it is not. The definition above has been brought forward by the UK Food Standards Agency, after years of discussion.

Amendment  176

Proposal for a regulation

Article 36

Text proposed by the Commission

Amendment

Article 36

Presentation

deleted

Voluntary information shall not be displayed to the detriment of the space available for mandatory information.

 

Amendment  177

Proposal for a regulation

Article 38 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and the prevention of unfair competition.

(d) the protection of industrial and commercial property rights, indications of regional provenance, registered designations of origin and the prevention of unfair competition.

Amendment  178

Proposal for a regulation

Article 38 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Such measures shall not give rise to obstacles to the free movement of goods in the internal market.

Justification

In a new Regulation which is designed to consolidate and simplify EU labelling rules, and in line with the Better Regulation agenda, it is appropriate to introduce a requirement that new rules shall not hamper free movement in the internal market.

Amendment  179

Proposal for a regulation

Article 38 - paragraph 2

Text proposed by the Commission

Amendment

2. By means of paragraph 1, Member States may introduce measures concerning the mandatory indication of the country of origin or place of provenance of foods only where there is a proven link between certain qualities of the food and its origin or provenance. When notifying such measures to the Commission, Member States shall provide evidence that the majority of consumers attach significant value to the provision of this information.

deleted

Justification

Since it can be assumed that food marketed in the EU complies with the clear provisions of Community law, additional Member State measures such as those proposed in this paragraph are unnecessary.

Amendment  180

Proposal for a regulation

Article 38 a (new)

Text proposed by the Commission

Amendment

 

Article 38a

 

Promotion of additional voluntary schemes

 

In addition to the requirements laid down in Article 34(1) and 34(2), Member States may, in accordance with the procedure laid down in Article 42, decide to promote additional voluntary schemes to present the nutrition information using other forms of expression provided that:

 

- such national  schemes  are developed in compliance with the general principles and requirements laid down in Chapters  II and III of this Regulation;

 

- the schemes promoted by Member States reflect the findings of independent consumer research and extensive stakeholder consultations as to what works best for consumers;

 

- such information is based either on harmonised reference intakes or, in their absence, on generally accepted scientific advice on intakes for energy or nutrients.

 

The Commission shall facilitate the exchange of information on matters relating to the adoption and implementation of national schemes and shall encourage the participation of all stakeholders in this process. The Commission shall also make such details available to the public.

 

On (the first day of the month 5 years after the entry into force  of this Regulation), the Commission  shall undertake  an evaluation of the  evidence gathered on consumers' use and understanding of the various national schemes in order to determine which performs best and is most useful to European consumers. Based on the outcomes of that evaluation, the Commission shall come forward with a report, which shall be sent to the European Parliament and to the Council.

Justification

There has to be a possibility for Member States promote additional voluntary schemes to present the nutrition information using other forms of expression, if they desire so.

Amendment  181

Proposal for a regulation

Article 40

Text proposed by the Commission

Amendment

Article 40

Alcoholic beverages

 

Member States may, pending the adoption of the Community provisions referred to in Article 20(e), maintain national rules as regard the listing of ingredients in the case of beverages containing more than 1,2 % by volume of alcohol.

deleted

Justification

This regulation does not apply to alcoholic beverages.

Amendment  182

Proposal for a regulation

Article 41 –paragraph 1

Text proposed by the Council

Amendment

1. Where foods are offered for sale to the final consumer or to mass caterers without prepackaging, or where foods are packed on the sales premises at the consumer's request or prepacked for direct sale, the Member States may adopt detailed rules concerning the manner in which the particulars specified in Articles 9 and 10 are to be shown.

1. The particulars referred to in Article 9(1)(c) shall be provided.

Justification

Due to the difficulties of labelling inherent to non-prepacked foods, these foods should in principle be exempt from most labelling requirements – excluding allergen information. MS should retain the flexibility to decide how information should best be made available to consumers.

Amendment  183

Proposal for a regulation

Article 41 – paragraph 2

Text proposed by the Council

Amendment

2. Member States may decide not to require the provision of some of the particulars referred to in paragraph 1, other than those referred to in Article 9(1) (c), provided that the consumer or mass caterer still receives sufficient information.

2. The provision of other particulars referred to in Articles 9 and 10 is not obligatory unless Member States adopt rules requiring the provision of some or all of those particulars, or elements of those particulars.

Justification

Due to the difficulties of labelling inherent to non-prepacked foods, these foods should in principle be exempt from most labelling requirements – excluding allergen information. MS should retain the flexibility to decide how information should best be made available to consumers.

Amendment  184

Proposal for a regulation

Article 41 – paragraph 1 and 2

Text proposed by the Council

Amendment

National measures for non -prepacked food

Non-prepacked food

1. Where foods are offered for sale to the final consumer or to mass caterers without prepackaging, or where foods are packed on the sales premises at the consumer's request or prepacked for direct sale, the Member States may adopt detailed rules concerning the manner in which the particulars specified in Articles 9 and 10 are to be shown.

1. With regard to the foods mentioned in Article 13(4), the particulars in Article 9(1)(c) shall be provided.

2. Member States may decide not to require the provision of some of the particulars referred to in paragraph 1, other than those referred to in Article 9(1) (c), provided that the consumer or mass caterer still receives sufficient information.

2. The provision of other particulars referred to in Articles 9 and 10 is not obligatory unless Member States adopt rules requiring the provision of some or all of those particulars, or elements of those particulars.

Justification

Due to the difficulties of labelling inherent to non-prepacked foods, these foods should in principle be exempt from most labelling requirements – excluding allergen information. MS should retain the flexibility to decide how information should best be made available to consumers.

Amendment  185

Proposal for a regulation

Article 41 – paragraph 2 a (new)

Text proposed by the Council

Amendment

 

2a. Member States may adopt detailed rules concerning the manner in which the information referred to in paragraphs 1 and 2 is to be made available.

Justification

Due to the difficulties of labelling inherent to non-prepacked foods, these foods should in principle be exempt from most labelling requirements – excluding allergen information. MS should retain the flexibility to decide how information should best be made available to consumers.

Amendment  186

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Council

Amendment

2. The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests.

2. The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests. The Commission shall also introduce a formal notification procedure for all stakeholders in accordance with the provisions established in Directive 98/34/EC.

Justification

This amendment adds transparency and a requirement for consultation with all stakeholders when new labelling measures are introduced at the EU level.

Amendment  187

Proposal for a regulation

Article 42 – paragraph 5

Text proposed by the Council

Amendment

5. Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations shall not apply to the measures falling within the notification procedure specified in paragraphs 1 to 4.

deleted

Justification

The proposed amendment to Article 42 (2) introduces a requirement for a transparent notification procedure which involves consumers and producers. It is therefore appropriate to remove the exemption from formal scrutiny of any new labelling requirements.

Amendment  188

Proposal for a regulation

Article 43

Text proposed by the Commission

Amendment

Article 43

Detailed rules

 

Detailed rules for the application of this Chapter may be adopted by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the procedure referred to in Article 49(2).

deleted

Justification

Superfluous.

Amendment  189

Proposal for a regulation

Article 44 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall provide the Commission with the details of the national schemes referred to in paragraph 1, including an identifier for foods that are labelled in compliance with that national scheme. The Commission shall make those details available to the public, in particular through a dedicated page on the Internet.

5. Member States shall provide the Commission with the details of the national schemes referred to in paragraph 1, such as the underlying criteria and scientific studies, including an identifier for foods that are labelled in compliance with that national scheme. The Commission shall make those details available to the public, in particular through a dedicated page on the Internet.

Justification

This provision is essential to ensure transparency concerning national schemes.

Amendment  190

Proposal for a regulation

Article 48

Text proposed by the Commission

Amendment

Article 48

Technical adaptations

 

Subject to the provisions relating to the amendments to Annexes II and III referred to in Article 10(2) and Article 22(2), the Annexes may be amended by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

This article is superfluous, as the matters with which it deals are already covered in various other articles.

Amendment  191

Proposal for a regulation

Article 50 - paragraph - 1 (new)

Regulation (EC) No. 1924/2006

Article 4

Text proposed by the Commission

Amendment

 

-1. Article 4 of Regulation (EC) No 1924/2006 is deleted.

Justification

'Nutrient profile' is a political term, not a scientifically tenable concept. It is a form of indoctrination, not a means of providing information. Since the regulation on food information, which is under consideration here, will result in the provision of food information which is comprehensive, legible and comprehensible to the average consumer, and therefore genuinely useful, Article 4 of Regulation (EC) No 1924/2006 is superfluous and should be deleted.

Amendment  192

Proposal for a regulation - amending act

Article 51 a (new)

Directive 2001/110/EC

Article 2 (4)

 

Text proposed by the Commission

Amendment

 

Article 51a

Amendments to Directive 2001/110/EC

1. Article 2(4)(a) of Council Directive 2001/110/EC of 20 December 2001 on honey1 is replaced by the following:

 

'a. The country or countries of origin where the honey has been harvested shall be indicated on the label. If, however, the honey originates from more than one Member State or third country, one of the following indications should appear instead:

 

- "Blend of honeys from EU countries"

 

- "Blend of honeys from non-EU countries"

 

If the proportion of honey from EU countries exceeds that of honey from non-EU countries:

 

- "Blend of honeys from EU and non-EU countries"

 

If the proportion of honey from non-EU countries exceeds that of honey from EU countries:

 

- "Blend of honeys from non-EU and EU countries".'

 

2. The following point is added to Article 2(4) of Directive 2001/110/EC:

 

'(aa) If the honey contains honey which originates from a third country, the percentage of honey from the Member State and the third country must be indicated.'

 

1 OJ L 10, 2.1.2002, p. 47.

Justification

Current rules do not guarantee that consumers will be properly informed and can actually mislead them. Honey might contain a minimal amount of honey from EU countries (5% for example), yet the indication ‘blend of honeys from EU and non-EU countries’ must still appear on the label.

Amendment  193

Proposal for a regulation

Article 51 b (new)

Text proposed by the Commission

Amendment

 

Article 51b

Amendments to Regulation (EC) No 178/2002

Article 25 of Regulation (EC) 178/2002 paragraph 1 is replaced by the following:

 

1. The Management Board shall be composed of 16 members appointed by the Council in consultation with the European Parliament from a list drawn up by the Commission which includes a number of candidates substantially higher than the number of members to be appointed, plus a representative of the Commission. Out of the 16, two members shall be designated by the European Parliament. Four of the members shall have their background in organisations representing consumers and other interests in the food chain. The list drawn up by the Commission, accompanied by the relevant documentation, shall be forwarded to the European Parliament. As soon as possible and within three months of such communication, the European Parliament may make its views available for consideration by the Council, which will then appoint the Management Board.

The members of the Board shall be appointed in such a way as to secure the highest standards of competence, a broad range of relevant expertise and, consistent with these, the broadest possible geographical distribution within the Union.

Amendment  194

Proposal for a regulation

Article 53 – subparagraph 3

Text proposed by the Commission

Amendment

Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force] except in the case of foods labelled by food business operators with, on the date of entry into force, less than 10 employees and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million where they shall apply [the first day of the month 5 years after the entry into force].

Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force] except in the case of foods labelled by food business operators with, on the date of entry into force, less than 100 employees and whose annual turnover and/or annual balance sheet total does not exceed EUR 5 million where they shall apply [the first day of the month 5 years after the entry into force].

Justification

The special provisions applicable to SMEs and the number of their employees must be expanded if they are to be effective. For foods placed on the market before the Regulation enters into force, the option must be provided of continuing to sell them until stocks are exhausted.

Amendment  195

Proposal for a regulation

Article 53 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

 

Food placed in circulation prior to the entry into force of this Regulation which does not comply with its requirements may continue to be placed in circulation until stocks are exhausted. However, before the entry into force of this Regulation, the Commission, after consultation of the food industry and other interested stakeholders, shall define a later final date beyond which all food products should comply with this Regulation, regardless of stocks or expiry dates.

Amendment  196

Proposal for a regulation

Annex I – point 1 – letter a

Text proposed by the Commission

Amendment

(a) energy value; or

(a) energy value;

Justification

Clarification.

Amendment  197

Proposal for a regulation

Annex I – point 8

Text proposed by the Commission

Amendment

8. ‘sugars’ means all monosaccharides and disaccharides present in food, but excludes polyols;

8. ‘sugars’ means all monosaccharides and disaccharides present in food, but excludes polyols, isomaltulose and D-tagatose;

Justification

Isomaltulose and D-tagatose are permitted novel foods which fall within the definition of carbohydrates. Isomaltulose and D-tagatose should not be regarded as 'sugars', as they differ significantly from traditional sugar on account of their physiological properties. For example, they are harmless to teeth, have little effect on the blood sugar level and have a low calorie content.

Amendment  198

Proposal for a regulation

Annex I – point 10

Text proposed by the Commission

Amendment

10. ‘protein’ means the protein content calculated using the formula: protein = total Kjeldahl nitrogen × 6,25;

10. ‘protein’ means the protein content calculated using the formula: protein = total Kjeldahl nitrogen × 6,25 and, in the case of milk protein, × 6,38;

Justification

In accordance with the CODEX standard, the international coefficient for milk products obtained from animal protein is 6.38. At Member State level as well, a coefficient of 6.38 is currently used.

This is in line with the international ‘Codex Standard 1-1985 for General Standard for the Labelling of Prepackaged Foods’, which is accepted by the European Commission.

Amendment  199

Proposal for a regulation

Annex I – point 11 a (new)

Text proposed by the Commission

Amendment

 

11, 'culinary gold leaf' means an edible decoration for food or beverages consisting of gold leaf with a thickness of approximately 0,000125 mm in flake or powder form.

Justification

Gold leaf is traditionally used as an edible decoration for such regional speciality foods as pralines or beverages (e.g. Danziger Goldwasser) and should therefore be defined as a concept used in food labelling.

Amendment  200

Proposal for a regulation

Annex I, point 13

Text proposed by the Commission

Amendment

13. ‘principal field of vision’ means the field of vision that is most likely to be displayed or visible under normal or customary conditions of sale or use.

13. ‘front of the package’ means the side or surface of the food packaging that is most likely to be displayed or visible under normal or customary conditions of sale or use.

Justification

The term 'front of the package' is more appropriate here, since what is being referred to is commonly the front of the packaging (where this is not possible, it may refer to the top instead).

Amendment  201

Proposal for a regulation

Annex II – title

Text proposed by the Commission

Amendment

INGREDIENTS CAUSING ALLERGIES OR INTOLERANCES

INGREDIENTS WHICH MAY CAUSE ALLERGIES OR INTOLERANCES

Justification

Ingredients do not cause allergies or intolerances as a matter of course.

Amendment  202

Proposal for a regulation

Annex II – point 1 – point d

Text proposed by the Commission

Amendment

(d) cereals used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol.

(d) cereals used for making alcoholic distillates.

Justification

Alcoholic distillation results in an allergen-free product. Since alcoholic distillates are used in the production of both alcoholic beverages and foods, steps must be taken to ensure that the products in question do not carry misleading labelling concerning non-existent allergens.

Amendment  203

Proposal for a regulation

Annex II – point 7 – point a

Text proposed by the Commission

Amendment

(a) whey used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol;

(a) whey used for making alcoholic distillates;

Justification

Cf. amendment to point 1(d).

This amendment is necessary to make the exception more explicit and to bring it into line with the EFSA opinion. The original wording could lead to products being labelled as allergenic even though, as the EFSA opinion shows, they do not contain any allergenic material. The Commission agrees that the current wording needs to be amended so as to ensure that vulnerable consumers are not misled.

Amendment  204

Proposal for a regulation

Annex II – point 12

Text proposed by the Commission

Amendment

12. Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO2.

12. Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO2, in the product as intended for consumption.

Justification

The amendment makes it clear that the limits set are only relevant for the food ready for consumption because the provision deals with allergies or intolerances caused by consuming food. Thus the limits are not applicable to products in concentrated form which need to be prepared before consumption

Amendment  205

Proposal for a regulation

Annex III – table - row 1 a (new)

Text proposed by the Commission

Amendment

 

1a Meat products from special slaughter

 

1a.1 Meat and meat products derived from animals that have not been stunned prior to slaughter, i.e. have been ritually slaughtered

'Meat from slaughter without stunning'

Justification

EU legislation permits animals to be slaughtered without prior stunning to provide food for certain religious communities. A proportion of this meat is not sold to Muslims or Jews but is placed on the general market and can be unwittingly purchased by consumers who do not wish to buy meat derived from animals that have not been stunned. At the same time, however, adherents of certain religions specifically seek meat from animals which have been ritually slaughtered. Accordingly, consumers should be informed that certain meat is derived from animals which have not been stunned. This will enable them to make an informed choice in accordance with their ethical concerns.

Amendment  206

Proposal for a regulation

Annex III – point 2.3 – right-hand column

Text proposed by the Commission

Amendment

‘contains a source of phenylalanine

‘contains aspartame

Justification

This amendment seeks to aid consumer understanding by replacing a technical term with a more common name.

Amendment  207

Proposal for a regulation

Annex III - point 5 a (new)

Text proposed by the Commission

Amendment

 

5a. Meat and Poultry products

Where beef or pork proteins have been used in the production of chicken products, this should always be clearly labelled on the packaging.

Justification

If beef or pork proteins have been used in the production of cricket, the consumer should always be made aware of it. This is vitally important information for consumers, especially for those with religious sensitivities.

Amendment  208

Proposal for a regulation

Annex IV - Title

Text proposed by the Commission

Amendment

FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT FOR THE MANDATORY NUTRITION DECLARATION

FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT FOR MANDATORY NUTRITION LABELLING

Justification

Clarification.

Amendment  209

Proposal for a regulation

Annex IV – indent 1

Text proposed by the Commission

Amendment

- unprocessed products that comprise a single ingredient or category of ingredients;

- fresh fruit and vegetables and unprocessed products that comprise a single ingredient or category of ingredients;

Justification

Clarification.

Amendment  210

Proposal for a regulation

Annex IV – indent 2

Text proposed by the Commission

Amendment

– processed products which the only processing they have been subjected to is smoking or maturing and that comprise a single ingredient or category of ingredients;

– processed products which the only processing they have been subjected to is smoking or maturing, and dried fruits and vegetables such as prunes or apricots, and that comprise a single ingredient or category of ingredients;

Justification

Dried fruits and vegetables, which are processed products, should likewise be exempt from the nutrition labelling requirement, as the drying process does not modify the composition of the product.

Amendment  211

Proposal for a regulation

Annex IV – indent 3

Text proposed by the Commission

Amendment

- waters intended for human consumption, including those where the only added ingredients are carbon dioxide and/or flavourings;

- natural mineral waters or other waters intended for human consumption, including those where the only added ingredients are carbon dioxide and/or flavourings;

Justification

Waters: Art. 28.1 of the proposal says “the provisions of this section (=3) shall not apply to foods within the scope of the following legislation: (b) Council directive 80/777 on the approximation of laws of the Member States relating to the exploitation and marketing of natural mineral waters”. In order to avoid confusion, it is important to have one single exemption under Annex IV covering all bottled water similar to the Directive 90/496, article 1.2.

Amendment  212

Proposal for a regulation

Annex IV – indent 4

Text proposed by the Commission

Amendment

- a herb, a spice or mixtures thereof;

- herbs, a flavouring, spices, seasonings and mixtures thereof;

Justification

Herbs: Clarification.

Amendment  213

Proposal for a regulation

Annex IV – indent 5 a (new)

Text proposed by the Commission

Amendment

 

sugars and novel sugars

Amendment  214

Proposal for a regulation

Annex IV – indent 5 b (new)

Text proposed by the Commission

Amendment

 

varieties of flour

Amendment  215

Proposal for a regulation

Annex IV – indent 12 a (new)

Text proposed by the Commission

Amendment

 

colouring foods

Amendment  216

Proposal for a regulation

Annex IV – indent 12 b (new)

Text proposed by the Commission

Amendment

 

culinary gold leaf

Amendment  217

Proposal for a regulation

Annex IV – indent 15 a (new)

Text proposed by the Commission

Amendment

 

- chewing gum products.

Justification

Chewing gum products do not contain significant quantities of the nutritional values relevant to the Regulation and are not intended to be eaten. Moreover, their contribution to daily calorie intake is insignificant.

Amendment  218

Proposal for a regulation

Annex IV – indent 15 b - e (new)

Text proposed by the Commission

Amendment

 

- food items with a seasonal, luxury and gift design or packaging.

 

- seasonal confectionery and sugar and chocolate figures.

 

- mixed multi-packs;

 

- assortments;

Justification

Seasonal confectionary products and products in gift packaging should be exempt from the nutrition declaration requirement.

Chocolate Easter rabbits or Father Christmases, etc., should, as traditional seasonal products, be excluded from the nutrition declaration requirement.

Santa Claus figures and Easter Bunnies as well as other gifts for festive occasions made of chocolate and sugar are elaborately manufactured products of tradition. These should not be deformed by any kind of nutrition labelling on the front side and should therefore be exempted from mandatory nutrition information of any kind.

Amendment  219

Proposal for a regulation

Annex IV – point 16

Text proposed by the Commission

Amendment

- food in packaging or containers the largest surface of which has an area of less than 25 cm2;

- food in packaging or containers the largest surface of which has an area of less than 75 cm2; the energy content as set out in Article 29(1)(a) shall still be provided in the principal field of vision;

Justification

Packages of less than 75 cm2 should be exempt from mandatory nutrition labelling.

Amendment  220

Proposal for a regulation

Annex IV – indent 17 a (new)

Text proposed by the Commission

Amendment

 

- non-prepacked food, including mass catering products, intended for immediate consumption.

Justification

Cf. Article 17, paragraph 3 a (new).

Amendment  221

Proposal for a regulation

Annex IV – indent 18

Text proposed by the Commission

Amendment

– food directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer;

– food directly supplied by small undertakings in small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer;

Amendment  222

Proposal for a regulation

Annex IV – indent 19 a (new)

Text proposed by the Commission

Amendment

 

– food in a quantity of less than 5 g/ml;

Amendment  223

Proposal for a regulation

Annex IV – indent 19 b (new)

Text proposed by the Commission

Amendment

 

– indelibly marked glass bottles.

Amendment  224

Proposal for a regulation

Annex V – part A – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

However, where the application of the other provisions of this Regulation, in particular those set out in Article 9, would not enable consumers in the Member State of marketing to know the true nature of the food and to distinguish it from foods with which they could confuse it, the name of the food shall be accompanied by other descriptive information which shall appear in proximity to the name of the food.

However, where the application of the other provisions of this Regulation, in particular those set out in Article 9, would not enable consumers in the Member State of marketing to know the true nature of the food and to distinguish it from foods with which they could confuse it, the name of the food shall be accompanied by other descriptive information which shall appear in the same field of vision adjacent to the name of the food and be written in a clear and easily legible font.

Justification

Descriptive information need to appear in the same field of view as the name, in an easily legible font, to ensure that the consumer is not misled.

Amendment  225

Proposal for a regulation

Annex V – part B – paragraph 1

Text proposed by the Commission

Amendment

1. The name of the food shall include or be accompanied by particulars as to the physical condition of the food or the specific treatment which it has undergone (for example, powdered, freeze-dried, deep-frozen, quick-frozen, concentrated, smoked) in all cases where omission of such information could mislead the purchaser.

1. The name of the food shall include or be accompanied by particulars as to the physical condition of the food or the specific treatment which it has undergone (for example, powdered, refrozen, freeze-dried, deep-frozen, quick-frozen, defrosted, concentrated, smoked) in all cases where omission of such information could mislead the purchaser.

Amendment  226

Proposal for a regulation

Annex V – part B – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The name of the food shall indicate any added ingredients from a different animal origin to the primary animal, for meat products that have the appearance of a cut, joint, slice, portion or carcase and for fish products.

Justification

Information on all meat and fish species included in a meat product should be as to not mislead the consumer.

Amendment  227

Proposal for a regulation

Annex V – part B – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. The name of the food in the labelling of any meat product which has the appearance of a cut, joint, slice, portion or carcase of meat, or of cured meat shall include an indication of:

 

(a) any added ingredient of a different animal origin to the rest of the meat; and

 

(b) any added water in the following circumstances:

 

- in the case of cooked and uncooked meat, or cooked cured meat, any added water making up more than 5 % of the weight of the product

 

- in the case of uncooked cured meat, any added water making up more than 10 % of the weight of the product.

Justification

It is not unusual to add water or animal ingredients of a different species (such as hydrolysed beef or pork proteins) to meat, e.g. to chicken breast. In order not to mislead the consumers and in order to give them the possibility to avoid such products (e.g. on religious grounds), is essential that such practice is declared.

This provision is already effective law in the UK and shall ensure that the name of the food reflects its true nature so that consumers are accurately informed and not misled e.g. ‘chicken breast fillet’ versus ‘chicken breast fillet with added water’.

To note, the 5% and 10% allowances of added water for the specific meat/fish products mentioned relates to the amount of water technically needed for their manufacture.

Amendment  228

Proposal for a regulation

Annex V – part B – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2c. The name of the food in the labelling of any fish product which has the appearance of a cut, fillet, slice, or portion of fish shall include an indication of:

 

(a) any added ingredient of vegetable origin, and of an animal origin other than fish; and

 

(b) any added water making up more than 5 % of the weight of the product.

Justification

It is not unusual to add water or animal ingredients of a different species (such as hydrolysed beef or pork proteins) to meat, e.g. from fish. In order not to mislead the consumers and in order to give them the possibility to avoid such products (e.g. on religious grounds), is essential that such practice is declared.

This provision is already effective law in the UK and shall ensure that the name of the food reflects its true nature so that consumers are accurately informed and not misled e.g. ‘chicken breast fillet’ versus ‘chicken breast fillet with added water’.

To note, the 5% and 10% allowances of added water for the specific meat/fish products mentioned relates to the amount of water technically needed for their manufacture.

Amendment  229

Proposal for a regulation

Annex V – Part C a (new)

Text proposed by the Commission

Amendment

 

Part Ca – Specific requirements concerning the designation of sausage casings

 

Sausage casings shall be indicated as follows in the list of ingredients:

 

- 'natural casing' if the casing used in sausage production is derived from the intestinal tract of even-toed ungulates

 

- 'artificial casing' in other cases.

 

If an artificial casing is not edible, this must be indicated.

Amendment  230

Proposal for a regulation

Annex V - Part C b (new)

Text proposed by the Commission

Amendment

 

Part Cb – OFFICIAL DESIGNATION OF FOODS WHICH GIVE THE IMPRESSION OF BEING A DIFFERENT FOOD (the following list contains examples)

 

Foods which give the impression of being a different food or in which an ingredient has been replaced by an imitation shall be labelled as follows:

 

Divergence in terms of type, quality and composition

Official designation

 

As compared with cheese, full or partial replacement of milk fat with vegetable fat

‘Imitation cheese’

 

As compared with ham, altered composition consisting of chopped-up ingredients with a much lower meat content

‘Imitation ham’

Justification

In the case of imitation cheese and imitation ham a problem is posed by the fact that the particulars of the ingredients in the list of ingredients do not make it immediately clear that substitute products are involved. This difficulty can be resolved by making the official designation more precise so as to ensure that consumers can tell at once what type of product they are looking at.

Amendment  231

Proposal for a regulation

Annex VI – Part A – point 5 – left-hand column

Text proposed by the Commission

Amendment

5. Mixtures of spices or herbs, where none significantly predominates in proportion by weight

5. Mixtures or preparations of spices or herbs, where none significantly predominates in proportion by weight

Justification

The current system should be retained. Preparations of spices have been included hitherto.

Amendment  232

Proposal for a regulation

Annex VI – part B – point 1 – right-hand column – subparagraph 2

Text proposed by the Commission

Amendment

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated oil unless the amount of saturates and trans fats are included in the nutrition declaration.

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated oil.

Justification

Consumers are used to looking for the term ‘hydrogenated oil’ on the ingredients list when checking the amount of artificial trans fats a foodstuff contains.

Trans fats are recognised as being harmful to health and are banned in several countries. It must therefore be mandatory to indicate their presence, and to do so in a way which is particularly visible. The fact that they are included in the nutrition declaration must not prevent them from being clearly referred to among the ingredients.

Amendment  233

Proposal for a regulation

Annex VI – part B – point 2 – right-hand column – subparagraph 2

Text proposed by the Commission

Amendment

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated fat unless the amount of saturates and trans fats are included in the nutrition declaration.

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated fat.

Justification

Consumers are used to looking for the term ‘hydrogenated fat’ on the ingredients list when checking the amount of artificial trans fats a foodstuff contains.

Amendment  234

Proposal for a regulation

Annex VI – Part B – point 4 – left-hand column

Text proposed by the Commission

Amendment

4. Starches, and starches modified by physical means or by enzymes

4. Starches, starches modified by physical means or by enzymes, roasted or dextrinated starches, starches modified by acid or alkali treatment and bleached starches

Justification

The category designation 'starch' should also include roasted or dextrinated starches, starches modified by acid or alkali treatment and bleached starches. These substances are used in practice in the production of foodstuffs and should be included in the list of ingredients. Directive 95/2/EC on food additives specifically excludes them from its field of application.

Amendment  235

Proposal for a regulation

Annex VI – Part B – table – row 15 a (new)

Text proposed by the Commission

Amendment

 

 

15a. Natural extracts from fruit, vegetables and edible plants or parts of plants obtained by means of mechanical/physical procedures and used in concentrated form to colour food.

'Colouring food'

Justification

Colouring foods are used in production as ingredients of other foods for colouring purposes. The term will make it easy for consumers to recognise that a substance listed in a list of ingredients is being used for colouring purposes. As Community law does not lay down any requirement to provide information on colouring foods, it is appropriate to replace the specific designation with the indication of a category.

Amendment  236

Proposal for a regulation

Annex VI – part B – row 17 – subparagraph 1

Text proposed by the Commission

Amendment

17. Skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue, where the total fat and connective tissue content does not exceed the values indicated below and where the meat constitutes an ingredient of another food. The products covered by the definition of ‘mechanically separated meat’ are excluded from this definition.

17. Skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue, where the total fat and connective tissue content does not exceed the values indicated below and where the meat constitutes an ingredient of another food. This definition includes meat obtained from flesh-bearing bones by mechanical means and which is not covered by the definition of mechanically separated meat within the meaning of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin1.

 

______

1 OJ L 139, 30.4.2004, p. 55.

Justification

In accordance with the definition of mechanically separated meat (MSM), meat produced using ‘Baader’ technology (‘viandes gros grain’) is meat. The conclusions of the EU's 2007 Histalim research project clearly showed that from an organoleptic, composition and microbiological point of view there is no difference between this type of meat and minced meat.

Amendment  237

Proposal for a regulation

Annex VI – part C – listing – row 9 a (new)

Text proposed by the Commission

Amendment

 

Enzymes 1

 

__________________________________

1The specific name or EC number shall not be required to be indicated.

Justification

Additives: A number of additives have very long and/or technical names, which do not provide additional information to consumers but occupy considerable space on the label. Therefore it is justified to allow the use of shorter or more generic names.

Enzymes: The actual names of the enzymes are not consumer informative and might be found in various categories. The generic name "enzymes" will adequately inform consumers on the product. This approach is not unique as it is already applied since years for modified starches.

Amendment  238

Proposal for a regulation

Annex VIII – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) which are subject to considerable losses in their volume or mass and which are sold by number or weighed in the presence of the purchaser; or

(a) which are subject to considerable losses in their volume or mass or which are non pre-packed sold by number or weighed in the presence of the purchaser; or

Justification

The targeted products are usually presented non pre-packed when sold to the consumer. The wording "or" instead of "and" covers more correctly this product category.

Amendment  239

Proposal for a regulation

Annex VIII – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) for which exemptions are laid down in other legal provisions.

Justification

Reference is made to Article 2(2) of Directive 2001/111/EC concerning sugars (exemption of products with a net weight of less than 20 g). In paragraph 3, therefore, it should be made clear that such special provisions remain in force.

Amendment  240

Proposal for a regulation

Annex VIII – point 5 – subparagraph 1

Text proposed by the Commission

Amendment

Where a solid food is presented in a liquid medium, the drained net weight of the food shall also be indicated.

Where a solid food is presented in a liquid medium, the drained net weight of the food at the moment of packing shall also be indicated.

Amendment  241

Proposal for a regulation

Annex IX

Text proposed by the Commission

Amendment

Annex IX

Annex deleted.

Justification

Incorporated into the legislative text in Article 25.

Amendment  242

Proposal for a regulation

Annex XI – Part A – title

Text proposed by the Commission

Amendment

Reference intakes for vitamins and minerals (adults)

Daily Reference intakes for vitamins and minerals (adults)

Justification

Editorial amendment.

Amendment  243

Proposal for a regulation

Annex XI – part A – paragraph 1 – table

Text proposed by the Commission

Amendment

1. Vitamins and minerals which may be declared and their recommended daily allowances (RDAs)

1. Vitamins and minerals which may be declared and their recommended daily allowances (RDAs)

Vitamin A (µg)

800

Vitamin A (µg)

800

Vitamin D (µg)

5

Vitamin D (µg)

5

Vitamin E (mg)

10

Vitamin E (mg)

12

 

 

Vitamin K (µg)

75

Vitamin C (mg)

60

Vitamin C (mg)

 

80

Thiamin (mg)

1,4

Thiamin (Vitamin B1) (mg)

1,1

Riboflavin (mg)

1,6

Riboflavin (mg)

1,4

Niacin (mg)

18

Niacin (mg)

16

Vitamin B6 (mg)

2

Vitamin B6 (mg)

1,4

Folacin (µg)

200

Folic acid (µg)

200

Vitamin B12 (µg)

1

Vitamin B 12 (µg)

2,5

Biotin (mg)

0,15

Biotin (µg)

50

Pantothenic acid (mg)

6

Pantothenic acid (mg)

6

 

 

Potassium (mg)

2000

 

 

Chloride (mg)

800

Calcium (mg)

800

Calcium (mg)

800

Phosphorus (mg)

800

Phosphorus (mg)

700

Iron (mg)

14

Iron (mg)

14

Magnesium (mg)

300

Magnesium (mg)

375

Zinc (mg)

15

Zinc (mg)

10

 

 

Copper (mg)

1

 

 

Manganese (mg)

2

 

 

Fluoride (mg)

3,5

 

 

Selenium (µg)

55

 

 

Chromium (µg)

40

 

 

Molybdenum (µg)

50

Iodine (µg)

150

Iodine (µg)

150

Justification

The new regulation must take account of Directive 2008/100/EC on nutrition labelling for foodstuffs as regards recommended daily allowances, energy conversion factors and definitions, which was published in the Official Journal on 28 October 2008. The rapporteur is thus suggesting that the table headed 'Vitamins and minerals which may be declared and their recommended daily allowances (RDAs)' proposed by the Commission should be replaced by that in Directive 2008/100/EC, for the sake of consistency in the legislation in force.

The RDA values should be brought into line with the new reference values in accordance with the modification of the Nutrition Labelling Directive, 2008/100/EC (OJ L 285, p. 9).

Amendment  244

Proposal for a regulation

Annex XI – part A – paragraph 2

Text proposed by the Commission

Amendment

As a rule, 15 % of the recommended allowance specified in point 1 supplied by 100 g or 100 ml or per package if the package contains only a single portion should be taken into consideration in deciding what constitutes a significant amount.

As a rule,

 

- 15 % of RDA per 100g or serving for solids; or

 

- 7,5 % of RDA per 100ml or serving for liquids; or

 

- 5 % of RDA per 100kcal (12 % of RDA 1 MJ); or

 

- an amount provided for by derogations granted in accordance with Article 6 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods; or

 

- per package if the package contains only a single portion should be taken into consideration in deciding what constitutes a significant amount.

Justification

The current proposal for significant amount of 15% of the RDA per 100g or 100ml is an arbitrary level that excludes most of the basic foodstuffs like fruits, vegetables, potatoes, bread and milk from declaring certain vitamins and minerals on the label. These basic food groups are a major contributor to the vitamin and mineral intake, and are recommended in dietary guidelines in EU countries. The current proposal favours non-basic food stuffs with added vitamins and minerals over basic food groups with naturally present vitamins and minerals.

In addition, the proposal penalises liquid foods with a low content of dry matter and a low energy density. This is especially the case for beverages such as consumption milk and liquid milk products. Finally, this amendment will bring the provisions in line with the Codex Alimentarius.

Amendment  245

Proposal for a regulation

Annex XI – part B – Title

Text proposed by the Commission

Amendment

Reference intakes for energy and selected nutrients other than vitamins and minerals (adults)

Reference daily intakes for energy and selected nutrients other than vitamins and minerals (adults)1

 

____________________

1 The reference intakes are indicative values; they will be laid down more precisely by the European Food Safety Authority.

Justification

The reference intakes are indicative values; they will be laid down more precisely by the European Food Safety Authority.

Amendment  246

Proposal for a regulation

Annex XI – part B – table – row 1

Text proposed by the Commission

Amendment

 

 

 

 

Energy

8400 kJ (2000 kcal)

Energy

2000 kcal

Justification

Given that it constitutes an essential nutrient, which also contributes to energy intake, protein must also be indicated. A separate indication for sugars is not relevant, as total carbohydrates are indicated. The energy content should be indicated only in kilo-calories, as this is the information which consumers understand and may use.

Amendment  247

Proposal for a regulation

Annex XI – part B – table – row 1 a new

Text proposed by the Commission

Amendment

 

 

Protein

80 g

Justification

Given that it constitutes an essential nutrient, which also contributes to energy intake, protein must also be indicated. A separate indication for sugars is not relevant, as total carbohydrates are indicated. The energy content should be indicated only in kilo-calories, as this is the information which consumers understand and may use.

Amendment  248

Proposal for a regulation

Annex XII – table

Text proposed by the Commission

Amendment

carbohydrate (except polyols)

4 kcal/g — 17 kJ/g

carbohydrate (except polyols)

4 kcal/g

polyols

2,4 kcal/g — 10 kJ/g

polyols

2,4 kcal/g

protein

4 kcal/g17 kJ/g

protein

4 kcal/g

fat

9 kcal/g37 kJ/g

fat

9 kcal/g

salatrims

6 kcal/g —.25 kJ/g

salatrims

6 kcal/g

alcohol (ethanol)

7 kcal/g — 29 kJ/g

alcohol (ethanol)

7 kcal/g

organic acid

3 kcal/g — 13 kJ/g

organic acid

3 kcal/g

Justification

The calculation with two different units leads to contradictory results because of inconsistent conversion factors. Since 'kcal' is a measurement unit more easily understood by consumers than the 'kJ' unit, the indication should be given solely in 'kcal'.

Amendment  249

Proposal for a regulation

Annex XIII – Part C – table

Text proposed by the Commission

Amendment

energy

kJ and kcal

energy

kcal

 

 

protein

g

fat

g

fat

g

           of which

           of which

- saturates

g

- saturates

g

- trans fats

g

- trans fats

g

- mono-unsaturates

g

 

 

- polyunsaturates

g

- polyunsaturates

g

carbohydrate

g

carbohydrate

g

           of which

           of which

- sugars

g

- sugars

g

- polyols

g

- polyols

g

- starch

g

- starch

g

fibre

g

fibre

g

protein

g

sodium

g

salt

g

 

 

vitamins and minerals

the units specified in point 1 of Part A of Annex XI

vitamins and minerals

the units specified in point 1 of Part A of Annex XI

 

 

other substances

units as appropriate for the individual substances concerned

Justification

Condensed version of Parts A to C in Annex XIII.


EXPLANATORY STATEMENT

1. General context

Consumers have a right to know what their food contains. For that reason, information on the composition and nutritional value of foods is essential, since only on that basis can consumers make selective purchasing decisions. Although Community law contains a series of regulations and directives dealing with food ingredients and food labelling, as yet it lays down no comprehensive rules on compulsory labelling. Quite apart from the fact that the range of general and specific Community legal provisions on food information has now expanded so much as to become simply confusing, thus giving rise to legal uncertainty, additional national rules are creating distortions of competition and barriers to trade in the European Union's internal market. Only uniform EU rules on food labelling can remedy these problems.

2. Procedural stages

In late January 2008 the Commission submitted to Parliament and the Council a proposal for a revision of the EU rules on food labelling. Towards the end of August 2008 the European Parliament appointed its rapporteur. Her report on the Commission proposal was presented and debated in the committee responsible, the Committee on the Environment, Public Health and Food Safety, at the beginning of December 2008. After the deadline for tabling amendments had expired, the committee responsible again considered the report in mid-February 2009, giving particular consideration to the fact that 1332 amendments had now been tabled. Because so many amendments had been tabled and in view of the impending European elections, the committee responsible decided on 16 March 2009 to hold consideration of the proposal over until the next parliamentary term, pursuant to Rule 185(5) of the Rules of Procedure of the European Parliament. Your rapporteur was thus asked to submit a new draft report, taking into account as many as possible of the amendments tabled. This new report is the one before you. A new deadline will be set for amendments to this draft.

3. Commission proposal

The Commission proposal for the reformulation of the EU's provisions on food labelling is intended to meet the requirements of better law-making (in the case of the legal framework on food labelling) by combining and replacing seven directives and a regulation. In addition, it is designed to reduce red tape, offer stakeholders in the food chain a greater degree of legal certainty, improve the competitiveness of the European food industry, guarantee food safety, ensure that consumers are provided with comprehensive information about foods and promote healthy eating as part of the European Union's strategy against obesity. The proposal for a regulation contains the following key proposals:

Mandatory particulars

The Commission proposal lays down a series of new mandatory particulars to be included on food labels (Article 9). It extends mandatory allergen labelling to non-prepacked foods (Article 22) and provides for a comprehensive nutrition declaration. The Commission proposes a minimum font size of 3 mm for all mandatory labelling elements. In the case of alcoholic drinks, particularly wine, beer and spirits, the Commission proposes derogations from the labelling requirements.

Indication and presentation of nutritional values

In addition, the Commission is proposing the introduction of a comprehensive nutrition declaration which is to be placed in the 'principal field of vision' of the packaging (Articles 29 to 34). Mandatory particulars relating to the energy value of the food and the nutrients fat, saturates, carbohydrates, sugar and salt (Article 29(1)) must be given in the appropriate order on the front of the package, expressed per 100 g or 100 ml or per portion. Details of other particulars (Article 29(2)) may be given elsewhere on the packaging, but must at all events be set out in table format, in a 'nutrition box' (Article 34(2)). All particulars must relate to standard amounts of 100 g/100 ml or – in the case of food packaged in portions – to a portion and must be expressed as a percentage of the recommended daily intake of the given nutrient (Article 31).

National labelling systems

The Commission proposal allows the Member States considerable scope to adopt national labelling rules. Pursuant to Chapters VI and VII, in exceptional cases Member States would be able to adopt legal provisions governing specific categories of food and, in addition to the mandatory forms of expression, develop national labelling systems (Articles 44(3) and 34(5)). In addition, in the case of non-prepacked food, e.g. bakery and processed meat products, and food prepared in the context of mass catering in restaurants, large-scale kitchens, etc., Member States would be able to lay down national rules governing the manner in which particulars are to be shown or – with the exception of allergen labelling – decide not to require the provision of certain particulars (Article 41).

4. Rapporteur’s remarks

In principle, your rapporteur welcomes the Commission's proposal for a regulation. The introduction of uniform EU rules on food labelling is a necessary step: on the one hand, it would make for transparency in the interests of consumers, and on the other it would simplify the acquis communautaire in the area of food legislation and thus offer food enterprises a greater degree of legal certainty, since a whole series of existing provisions would be combined in the new regulation. A new, comprehensive food labelling regulation of this kind can also help consumers to make selective purchasing decisions and so tailor their own diets to their individual needs and wishes.

The harmonisation of food labelling is also of enormous relevance to the internal market, since at present additional national rules and differing Member State interpretations of existing Community food legislation are giving rise to barriers to trade and competition-related problems. Remedying this state of affairs can serve to reduce costs for food producers and traders and thus, ultimately, for consumers as well.

However, the EU labelling system outlined in the proposal for a regulation does not strike your rapporteur as one suited either to reducing red tape and simplifying legislation or to helping consumers obtain better food information. In some areas, the Commission has made it much too easy for itself. Moreover, special ways of marketing or delivering food, such as direct marketing by farmers, catering services to passengers in transit, duty-free sales or sales from vending machines, are simply forgotten. Special products, such as culinary gold leaf, and colouring and innovative foods, are likewise disregarded. Some of the provisions contained in the proposal are unrealistic and would, in addition to creating other problems, generate substantial additional costs for food manufacturers and traders, so that food prices would have to be raised merely on account of new labelling regulations. These shortcomings in the Commission proposal jeopardise the survival of many small and medium-sized enterprises (SMEs) in the food industry. As far as consumers are concerned, they would be more likely to find the proposed plethora of mandatory information, and the forms in which it is to be conveyed, confusing than enlightening. What is more, the proposal to grant Member States considerable leeway to adopt their own rules seems completely incomprehensible: it would further fragment the internal market in the food sphere and render the proposal for a regulation under consideration here absurd. The Commission's proposal contradicts its own stated intention, as indicated in Point 5 in its Explanatory Memorandum, which is worth quoting here: 'The use of a Regulation as the legal instrument supports the objective of simplification because it guarantees that all actors have to follow at the same time the same rules.'

What is more, it is mystifying that the Commission should have chosen to submit its proposal now, since the very first EU-wide scientific study into the influence of food labelling on consumers' purchase decisions began only in August 2008. This study, which is being funded under the Seventh Framework Research Programme, should ideally form the basis for this legislative proposal concerning food information. However, experience suggests that it will take three years or so for any real results to emerge. As things stand, therefore, the new food labelling legislation can at best draw on conjecture and the subjective experiences of the groups and individuals involved, so that the Commission proposal is likewise based only on assumptions concerning consumers' wishes and needs. No one can say whether the regulation which is ultimately adopted will in fact serve the interests of average consumers throughout the EU, or whether, on the basis of new research findings, it will have to be substantially revised in only a few years' time. This point is particularly significant, because it is likely that the new rules will have a very considerable financial impact on food manufacturers and traders. Yet the Commission, whose proposal contains the remarkable revelation that it saw no need to consult outside experts when drafting the text, is silent on this issue as well.

Your rapporteur therefore regards substantial amendments to the Commission proposal as essential. Some of them are outlined below:

An across-the-board requirement that information must be printed with a font size of at least 3 mm is not workable. This applies in particular, but not exclusively, to products whose packaging carries information in several languages. A mandatory minimum font size of 3 mm would result in bulkier food packaging, more packaging waste and possibly even larger portions. What is more, legibility is not solely contingent on font size. For that reason, your rapporteur provides a definition of the concept of the 'legibility' of food information and proposes that a consultation process should take place with a view to developing guidelines for implementing the rules relating to legibility.

The Commission justifies its proposal to allow Member States to develop their own labelling systems by invoking the subsidiarity principle. It claims that bottom-up mechanisms of this kind may lead to the development of innovative labelling solutions. Your rapporteur takes the view, however, that national labelling systems would be more likely to confuse consumers once and for all, undermine legal certainty and lead to massive additional distortions of competition on the internal market, since there is every chance that national labelling rules which were not legally binding would in fact have the same impact as mandatory requirements. Given the fact that a majority of food enterprises in the EU market their products in far more than one Member State, specific packaging would have to be produced and above all appropriate storage capacity would have to be built up in accordance with the specific rules in force in each country. The additional costs involved, which would run to many billions of euros, would impose a severe burden on the food sector, which consists largely of small- and medium-sized firms, and would ultimately be passed on to consumers. The mere idea that in future a possible 27 additional, different labelling systems would be introduced, and what is more at different junctures, is enough to demonstrate the absurdity of this plan. Accordingly, your rapporteur is proposing amendments deleting the articles in question. This does not mean, however, that existing, voluntary labelling systems introduced by the food sector or by groups of food manufacturers will in future be banned. Quite the reverse: in addition to indicating the mandatory particulars, it should be perfectly possible to repeat particulars elsewhere on the packaging, in whatever form, or to provide additional particulars. Of course this should not detract from the visibility and legibility of the mandatory particulars.

The legislation must ensure that consumers are not misled by the presentation of food packagings. Pictorial representations or texts must not mislead the consumer as to the true origin, composition or nutrition content of the food. Accordingly, your rapporteur is proposing amendments which supplement the provisions of the Commission proposal. As public debate has recently focused on the existence of cheap imitation foods, which the average consumer does not recognise as such, it seems worthwhile to label such products clearly on the front of the packaging.

In your rapporteur’s view, however, cramming an excessive amount of nutritional information, expressed per 100 g or 100 ml or per portion, or even consisting of several different particulars, for example expressed in grams and as the percentage of the recommended daily intake for a given population group, onto the front of food packages would ultimately result in the information in question being ignored. After all, when shopping, consumers are not faced with just one package, but rather with whole rows of packages on supermarket shelves. Since current findings suggest that the overwhelming majority of those consumers who give thought to their food are mainly interested in the energy content of foods, the mandatory indication of the energy content, in kilocalories per 100 g or 100 ml, in the interests of comparability, on the front of the package should be sufficient. Consumers can then discover which nutrients account for the energy content of the product by reading the mandatory particulars in the 'nutrition box' elsewhere on the packaging. If a packaging contains only one portion, it should, in addition, be mandatory to indicate the nutrition information for this portion. Should consumer surveys in future arrive at different findings concerning consumer wishes, the trade and/or industry can, as already outlined, provide additional particulars voluntarily. However, in this case it would again be necessary to lay down fixed reference amounts and to explain them clearly to consumers in order to avoid arbitrariness in the additional information provided.

Specialist food traders and manufacturers, e.g. bakers, confectioners, butchers, restaurants, etc., mainly offer non-prepacked goods for sale or immediate consumption. As a rule, these products are not standardised, but are subject to variations in composition and weight which are contingent on the production process. It should also be borne in mind that specialist food traders and manufacturers in particular are guarantors of the survival and diversity of regional specialities in the European Union. The regulation under consideration here must take account of these specific circumstances, therefore. The Commission proposal makes the Member States responsible for laying down food labelling rules in respect of non-prepacked products: they would be able to adopt decisions specifying the form of presentation and, where appropriate, lay down derogations from the rules on mandatory particulars. However, should Member States not lay down derogations or be slow in adopting special rules, suppliers of non-prepacked goods would be required to provide all the particulars stipulated in the regulation. In the light of the special circumstances outlined above, this would in turn undermine legal certainty in the specialist food sector and, in particular, jeopardise the survival of small businesses. Firms such as these are hardly in a position to provide a comprehensive nutrition declaration. For that reason, your rapporteur takes the view that non-prepacked goods should be largely excluded from the scope of the regulation. One provision which should apply, however, is that concerning information on allergens, which can also be provided by specialist food traders and manufacturers. In that connection, it should be pointed out that products which are packaged only at the time of sale are already excluded from the scope of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods.

In order to bring it into line with the present regulation, Regulation (EC) No 1924/2006 on nutrition and health claims made on foods needs to be revised. At the same time, your rapporteur recommends deleting entirely Article 4 of the latter Regulation, as it has become clear in the meantime that the nutrition profiles described there could not be based on scientific findings but only set arbitrarily by the Commission. Arbitrary legislation on food would mean more red tape, legal uncertainty and distortions of competition, as well as jeopardising the balanced nutrition of the population of Europe.

A compulsory system of colour coding of food using the 'traffic light' model, which a few food companies are currently using for ready-made and partially ready-made products ('convenience products'), would have similar effects. The limit values for classification using the three traffic light colours, red, amber and green, are set arbitrarily, and the range within any one of these colours is too big. As the proposal for a regulation is intended to establish uniform mandatory labelling applicable to all foods and soft drinks, colour coding would discriminate against basic foods and, for example, create a privileged status for imitation foods, which if anything tend to be inferior, and for artificial as opposed to natural ingredients. It is very likely that this would be a recipe for a wrong diet and malnutrition among large sections of the population. Therefore neither the Commission nor your rapporteur is recommending such a component for mandatory food labelling.

5. Conclusion

The aim of the regulation under consideration here is to lay down food labelling rules which would be valid throughout the EU and which would apply – with a small number of exceptions - to all food industry products, i.e. not just to specific categories of foods. It must be emphasised that such rules can only seek to serve the interests of the average consumer, i.e. normally educated, informed and healthy members of the public, but not persons with food allergies or special categories of patients. Mandatory labelling of foods should help responsible members of the public make well-informed, targeted purchasing decisions.

However, the highly complex and complicated Commission proposal, comprising 53 articles, most of which are very relevant, and 13 annexes, will not make it possible to achieve this objective. The proposed rules governing the indication of mandatory particulars smack of an effort to educate, not inform, consumers: the Commission wants to compel consumers by law to eat 'healthily’. The Commission proposal also displays substantive shortcomings. A number of requirements are based on assumptions about consumers' wishes and needs, and proposed reference amounts are of dubious quality. The aim of harmonising labelling rules in keeping with internal market principles would be rendered absurd by the proposal to allow Member States to adopt special national provisions. Moreover, many of the Commission's proposals are liable to jeopardise the survival of SMEs. In this way, the Commission proposal contravenes the Small Business Act.

What is more, the fact that the Commission drew up the proposal for a regulation without consulting outside experts is both remarkable and alarming. It is also mystifying that the proposal should have been submitted at a time when, although the results of piecemeal scientific research are available, a broad-based study covering all the Member States has only just been started.

Your rapporteur is therefore proposing a comprehensive revision of the approach suggested by the Commission. She points out that, in the absence of comprehensive scientific findings on the impact of food information on consumer behaviour in the 27 EU Member States, the proposed mandatory labelling of foods should only encompass basic information. In addition, the legislator can ensure that the mandatory particulars are provided in a legible and understandable form and that consumers are not misled. Should new findings about consumer wishes and needs be published in the future, food businesses could then respond quickly, in accordance with the proposals made by your rapporteur, by providing additional information voluntarily. Only in this way can sufficient flexibility be guaranteed and sufficient account be taken of the interests of all stakeholders.

Finally, it should be pointed out that food labelling is only one of many aspects of nutrition-related information. It can supplement, but not replace, efforts to make the public aware of what constitutes a relatively healthy lifestyle, for example by means of campaigns and education measures. What is more, in our society laws cannot and must not release members of the public from responsibility for their own actions or release parents from responsibility for their children.


OPINION OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION (25.2.2010)

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

on the proposal for a regulation of the European Parliament and of the Council on the provision of food information to consumers

(COM(2008)0040 – C6-0052/2008 – 2008/0028(COD))

Rapporteur: Christel Schaldemose

SHORT JUSTIFICATION

It is the second time the Committee for Internal Marked and Consumer Protection considers the Commission proposal on Food Information to Consumers. The Rapporteur acknowledges the great amount of work the previous Committee put into the Opinion, drafted by Ms. Bernadette Vergnaud. The Rapporteur has decided not to open up the Pandora's Box by tabling a large quantity of new amendments. Instead the Rapporteur chose to include the main part of the opinion that reached a majority in the previous Committee. This decision was led by the acknowledgement on the one hand of the great amount of work done by the previous committee and on the other hand of the need to reach compromises in order to attain sustainable food labelling in Europe.

The Rapporteur recognizes that the debate on food labelling was an important issue during the campaign for the elections of the European Parliament this spring. That is why there is a need to discuss certain concerns contained in the Commission proposal. The aim of this Opinion is the same as Ms. Vergnaud Opinion adopted in February 2009. Consumers need to have the possibility to make a well-informed choice concerning their selection of food. And this well-informed choice should - among other things - assist in solving the increasing problem of obesity in Europe.

Food information therefore has to give a thorough introduction to the content of the specific food the consumer is buying as well as give a quick overview of whether the food is suitable or not while making a healthy choice of foods. Consequently the Rapporteur has chosen to include many of the amendments from the prior Committee opinion.

As a main point the Rapporteur has chosen to keep the mandatory content in the nutrient declaration as the previous Committee recommended. The Rapporteur has included the big 8 nutrients - all of them indicated by 100 g or 100 ml - to be present in the same field of vision on the package. The presentation does not have to be in the main field of vision or in the front of pack. The Rapporteur suggests that the front of pack should be used to give a quick overview. That is why the Rapporteur proposes that the energy value (calorific value) should be on the front of pack. This information should be supplemented by a colour code which would indicate whether the food has a high, medium, or low value in energy.

Another addition regards the Rapporteur suggestion that all types of alcohol should be labelled. Alcohol contains large amounts of calories which can have a huge influence on the daily consumption of energy. The Rapporteur states that the consumer should have this information at the same time as he or she analyzes the food information.

Well-informed and better educated consumers will be able to take responsibility for their own health. The Rapporteur believes that the improvement of food information will be essential for European consumers in their daily life, when making informed choices during shopping.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) There is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is an important tool to inform consumers about the composition of the foods and help them make an informed choice. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice.

(10) There is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is one method of informing consumers about the composition of the foods and help them make an informed choice. Education and information campaigns run by Member States are an important mechanism for improving consumer understanding of food information. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice.

Justification

Improving diet and consumer understanding of food nutrition cannot be achieved by labelling alone. Even now, consumers do not understand some labelling information and it is essential that Member States are more involved in information campaigns designed to improve consumer understanding.

Amendment  2

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Community rules should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. Operations such as the occasional handling, serving and selling of food by private persons at events such as charities, or local community fairs and meetings are not covered by the scope of this regulation.

(15) Community rules should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. Operations such as the occasional delivery of food to third parties, serving and selling of food by private persons, for example at charity events or local community fairs and meetings, and the sale of food in the various forms of direct marketing by farmers, are not covered by the scope of this Regulation.

Justification

What is important here is not the handling of food but its delivery to third parties; duplication should be avoided. Farmers whose businesses are involved in direct marketing (sale from the farm, at markets, on the street or house-to-house) would be over-stretched if they were required to comply with the requirements of this Regulation. Is this is a vital income niche for farmers, direct marketing of food by farmers should as a general principle be excluded from the scope of this Regulation.

Small and Medium-sized enterprises in the traditional food production sector, produce products which are not prepackaged for direct delivery to the consumer. There are no standardised procedures: ingredients change on a daily basis. It should also be borne in mind that the traditional food production sector is particularly responsible for preserving regional specialities, for creativity and for innovation and thus ensures the diversity of the products available. It is therefore important to exclude these products from the compulsory nutrition declaration requirement.

Amendment  3

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) New mandatory food information requirements should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality and sustainability.

(19) New mandatory food information requirements should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality, transparency and sustainability.

Justification

To remain in line with current EU objectives for a fully functioning internal market, it is crucial that any new requirements are notified and thoroughly examined by all stakeholders to ensure they are justified and will not impede the free movement of goods

Amendment  4

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) In order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to food information it is appropriate to clarify the responsibilities of food business operators in this area.

(21) In order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to food information it is appropriate to clarify the responsibilities of food business operators in this area. Without prejudice to Article 19 of Regulation (EC) No 178/2002, food business operators responsible for retail or distribution activities which do not affect food information should act promptly when they learn that such information does not comply with the provisions of this Regulation.

Justification

It is necessary to clarify in which circumstances food business operators which do not affect food information have to contribute to the conformity of the requirements of this Regulation. It is also important to specify that the provisions of Article 8 do not weaken the obligations ensuing from Article 19 of Regulation (EC) No 178/2002 that retailers have to abide by.

Amendment  5

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. Consultation with stakeholders should facilitate timely and well targeted changes of food information requirements.

(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. Public consultation with all stakeholders should facilitate timely and well targeted changes of food information requirements.

Justification

Any change to the list of mandatory labelling requirements has a significant impact on the food and drink industry. It is therefore important that the legislation makes it clear that all stakeholders must be consulted when new labelling requirements are being considered, thereby ensuring that the procedure is transparent and all parties able to voice their opinions.

Amendment  6

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of consumer dissatisfaction with food labels.

(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and consequently factors such as size, font, colour and contrast should be considered together to ensure consumer satisfaction with food labels.

Justification

The legibility of labels is crucial for consumers and should continue to be a requirement under the new Regulation. However, when assessing label clarity a number of factors need to be considered and not just font size

Amendment  7

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a) In accordance with the previous resolution of the European Parliament, the opinion of the European Economic and Social Committee*, the work of the Commission, and the general public concern about alcohol-related harm especially to young and vulnerable consumers, the Commission together with the Member States should establish a definition for beverages such as ‘alcopops‘ specifically targeted at young people. Due to their alcoholic nature, they should have stricter labelling requirements, and be clearly separated from soft drinks in shops.

* OJ C 77, 31.3.2009, p. 73.

Amendment  8

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) It is also important to provide consumers with information on the other alcoholic beverages. Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines, thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/892, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and may propose, if necessary, specific requirements in the context of this Regulation.

(28) It is also important to provide consumers with information on alcoholic beverages. Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines, thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, fruit beer and spirits as defined in Article 2(1) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks2, and alcoholic mixed beverages, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions should apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and may propose, if necessary, specific requirements in the context of this Regulation.

2 OJ L [ …], […], p.[…].

2 OJ L 39, 13.2.2008, p. 16.

Justification

For clarification reasons liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes and fruit beer should also be mentioned. Wine, beer and spirits are already covered by previous EU-regulations whereas mixed alcoholic beverages are not. However, today there are difficulties on how to categorize alcoholic mixed beverages and therefore these should at present be exempted and part of the report produced by the commission.

Amendment  9

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) The indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product. In other cases, the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators. In all cases, the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers' understanding of the information related to the country of origin or place of provenance of a food. Such criteria should not apply to indications related to the name or address of the food business operator.

(29) With a view to guaranteeing complete transparency and traceability, the indication of the country of origin or of the place of provenance of all meat should be mandatory. In all cases, the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which improve consumers’ understanding of the information related to the country of origin or place of provenance of a food. Such criteria should not apply to indications related to the name or address of the food business operator.

Justification

For reasons of transparency, consumers should know the country of origin of meat.

Amendment  10

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) To avoid unnecessary burdens on the industry, it is appropriate to exempt certain categories of foods that are unprocessed or for which nutrition information is not a determining factor for consumer choice from the mandatory inclusion of nutrition declaration, unless the obligation to provide such information is provided under other Community legislation.

(36) To avoid unnecessary burdens on food manufacturers and traders, it is appropriate to exempt certain categories of foods that are unprocessed, for which nutrition information is not a determining factor for consumer choice or the outer packaging or label of which is too small to permit the mandatory labelling to be performed from the mandatory inclusion of nutrition declaration, unless the obligation to provide such information is provided under other Community legislation.

Justification

It would not be right if, purely on account of extensive labelling regulations, food packagings had to be enlarged in future. This would generate more packaging waste and possibly also result in larger portions or misleadingly large packagings containing empty space.

Amendment  11

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, and given the current level of knowledge on the subject of nutrition, the information provided should be simple and easily understood. Research has indicated that consumers find the information in the principal field of view or 'front of pack' is useful when making purchasing decisions. Therefore, to ensure that the consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label.

(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, and given the current level of knowledge on the subject of nutrition, the information provided should be simple and easily understood. Research has indicated that consumers find the information in the principal field of view or 'front of pack' is useful when making purchasing decisions. Therefore, to ensure that the consumers can readily see the essential nutrition information when purchasing foods, 'the energy value (calorific value)' should be indicated per 100g or 100 ml in the principal field of vision on the front of the pack. However, all nutrition information (with repeated energy value) should be placed together in one place in the principal field of vision on the package.

Justification

It is preferred that the mandatory as well as the voluntary nutrition information be presented in the same field of vision - as the current legislation prescribes in case of nutrition declaration - as it would confuse the consumers if the various pieces of nutrition information are to be looked for in different places on the packages.

Amendment  12

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) Recent developments in the expression of the nutrition declaration, other than per 100g/100ml/portion, by some Member States and organisations in the food sector suggest that consumers like such schemes as they can help them make informed choices quickly. However, there is not evidence across all the Community on how the average consumer understands and uses the alternative expression of the information. Therefore, it is appropriate to allow for different schemes to be developed and to allow research on consumer understanding in different Member States to continue so that, if appropriate, harmonised schemes may be introduced.

(38) Recent developments in the expression of the nutrition declaration, other than per 100g/100ml/portion, by some Member States and organisations in the food sector suggest that consumers like such schemes as they can help them make speedy choices quickly. However, there is no scientific evidence across all the Community on how the average consumer understands and uses the alternative expression of the information. To facilitate comparisons of products in differing package sizes, it is therefore appropriate to retain the mandatory stipulation that the nutrition declaration should refer to 100 g/100 ml amounts. It is also appropriate to allow research on consumer understanding so that, if appropriate, harmonised schemes may be introduced.

Justification

Expressing the amount of energy and nutrients per 100 g or 100 ml enables consumers to compare products directly. Accordingly, this information should be mandatory. All other information on the packages is voluntary so that producers’ can choose what suits their product.

Amendment  13

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Member States should retain the right, depending on local practical conditions and circumstances, to lay down rules in respect of the provision of information concerning non-prepacked foods. Although in such cases the consumer demand for other information is limited, information on potential allergens is considered very important. Evidence suggests that most food allergy incidents can be traced back to non-prepacked food. Therefore such information should always be provided to the consumer.

(41) Member States should retain the right, depending on local practical conditions and circumstances, to lay down rules in respect of the provision of information concerning non-prepacked foods and prepacked foods and meals produced and directly supplied by local retail establishments or mass caterers to the final consumer. Although in such cases the consumer demand for other information is limited, information on potential allergens is considered very important. Evidence suggests that most food allergy incidents can be traced back to non-prepacked food. Therefore such information should always be available to the consumer in the place where the food is bought or consumed.

Justification

Prepacked food produced by small retail establishments or mass caterers are produced in a non-standardized way whereby the ingredients and recipes may vary frequently. It is not possible to establish a precise nutrition declaration for these types of food. Also, the task would be too time consuming and expensive for these companies. It is important that these types of food are exempted from the requirement for a nutrition declaration, either in general, or by giving Member States the right to lay down rules for these categories, as is already granted for non-prepacked foods.

Amendment  14

Proposal for a regulation

Recital 49 a (new)

Text proposed by the Commission

Amendment

 

(49a) Products of the traditional food production sector and fresh products of the food retail trade which are produced directly at the place of sale may contain substances which give rise to allergic or intolerance reactions in sensitive people. It is precisely such non-prepacked products which are sold in direct contact with the customer and the corresponding information should therefore be provided, for example, through dialogue at the time of sale or by means of a clearly visible sign in the sales area or by means of information material on display.

Justification

In the case of non-prepacked goods, it would be virtually impossible to provide far-reaching allergy labelling for all products, and this would particularly place small and medium-sized undertakings at a considerable competitive disadvantage and increase their costs. In addition, the possibility of cross-contamination cannot be excluded in premises where the area available for processing is limited.

Amendment  15

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

3. This Regulation applies to all stages of the food chain, where the activities of food businesses concern the provision of food information to consumers.

3. This Regulation applies to all stages of the food chain, where the provision of food information to the final consumer is concerned.

It shall apply to all foods intended for the final consumer, including foods delivered by mass caterers and foods intended for supply to mass caterers.

It shall apply to all prepacked foods intended for delivery to the final consumer, including foods delivered by mass caterers and foods intended for supply to mass caterers.

 

It shall not apply to foods which are packaged directly at the place of sale before delivery to the final consumer, with the exception of rules specified in Annex III to this Regulation.

Justification

It is particularly common in the food trade for products which are produced at the place of sale for immediate delivery to the final consumer to be packaged on the spot. Thus products are divided into portions in advance (sandwich spreads) or packed in foil (sandwiches) for the benefit of consumers (to enable them to make their purchase more quickly, and for ease of handling). Such products, which are packaged shortly before sale, should as a matter of principle be excluded from the scope of the Regulation, as there is no way in which they can be equated with industrially prepackaged products.

Amendment  16

Proposal for a regulation

Article 1 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

By …*, the Commission shall publish a comprehensive and updated list of the labelling requirements provided for in specific Union legislation applicable to particular foods. The Commission shall, not later than … **, submit a report to the European Parliament and the Council on the compliance of those specific labelling requirements with this Regulation. The Commission shall, if appropriate, accompany that report with a relevant proposal.

 

___________

*

** 18 months from the date of entry into force of this Regulation.

Justification

Simplification is one of the primary goals of this proposal. Too many sector specific European Directives and Regulations contain labelling provisions. It is necessary to collect all of them, to verify their consistency with general principles and to give easy access to this huge amount of requirements to all the operators and stakeholders in the food chain, taking into account any possible incoherence with the general rules.

Amendment  17

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ea) 'non-prepacked food' means food which is offered for sale to the final consumer without packaging and is packaged only at the time of sale to the final consumer and food and fresh products which are prepacked at the place of sale for immediate sale; this point shall apply in accordance with Annex III to this Regulation;

Justification

In shops, food is also offered for sale prepacked and as a rule in proximity to counters manned by sales staff in order to avoid long waiting times for customers at the counter. In the case of foods packaged in accordance with the individual wishes of customers, it is in practice impossible to provide the same information as is mandatory for prepacked products, on account of the diversity of the products which may be sold and because they are produced manually and the range of products on sale differs from day to day.

Amendment  18

Proposal for a regulation

Article 2 – paragraph 2 – point s

Text proposed by the Commission

Amendment

(s) 'date of minimum durability of a food' means the date until which the food retains its specific properties when properly stored;

(s) 'date of minimum durability of a food' means the date until which the food retains its specific properties when stored as indicated;

Justification

The date of minimum durability should be taken together with the indicated storage conditions. It is the food business operator's responsibility to determine and indicate the date of minimum durability in conjunction with the storage conditions. In addition, the 'use by' date should also be indicated in the same location.

Amendment  19

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ta) ‘Food imitation’ means food that gives the impression of being another food in which an ingredient usually used is wholly or partly mixed with or replaced by another.

Justification

Consumers are misled by the increasing use of food imitations in which the usual ingredients are replaced by cheaper substitutes.

Amendment  20

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(tb) ‘date of manufacture’ means the date on which the food became the product as described.

Justification

In order to improve consumer information, there should be a definition of manufacture date. The suggested definition is identical with the definition in Codex (CODEX STAN 1-1985).

Amendment  21

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. When food information law establishes new requirements, consideration shall be given to the need for a transitory period after the entry into force of the new requirements, during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted.

3. When food information law establishes new requirements, a transitory period shall be granted after the entry into force of the new requirements, during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted.

Justification

To facilitate the smooth functioning of the internal market, as well as to minimise packaging waste, it is normal that a transitory period is provided when new labelling requirements are introduced

Amendment  22

Proposal for a regulation

Article 7 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

(ab) by suggesting in the description or pictorial representations on the packaging the presence of a particular product or an ingredient although in reality the product which the packaging contains is an imitation food or contains a substitute for an ingredient normally used in a product. In such cases, the packaging must prominently bear the marking 'imitation' or 'produced with (designation of the substitute ingredient) instead of (designation of the ingredient replaced)';

 

The particular food product that is an imitation or contains a substitute shall, where feasible, be separated from other food at the place of sale.

Justification

Imitation foodstuffs, for example 'cheese' made from vegetable fat, are increasingly being marketed. Another development which has been observed is that ingredients normally used to manufacture a product are to some extent being replaced with cheaper substitutes. This is not generally apparent to consumers. In the interests of transparency, therefore, appropriate labelling should be introduced.

Amendment  23

Proposal for a regulation

Article 7 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) by pictorial representations that mislead the consumer as to the true nature or origin of the food.

Justification

Images and graphics shall not be used to deliberately mislead consumers as to the true origin of a product. Advertising or voluntary information should not overshadow or undermine mandatory information.

Amendment  24

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Food business operators, within the business under their control, shall not modify the information accompanying a food if such modification would mislead the final consumer or otherwise reduce the level of consumer protection, particularly with regard to health.

2. Food business operators, within the business under their control, shall not modify the information accompanying a food if such modification would mislead the final consumer or otherwise reduce the level of consumer protection, particularly with regard to health and the ability to make an informed choice.

Justification

This requirement should not be limited solely to issues of health protection.

Amendment  25

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. Food business operators placing on the market for the first time a food intended for supply to the final consumer or mass caterer shall ensure the presence and accuracy of the food information in accordance with the applicable food information law.

3. Food business operators placing on the Union market for the first time a food intended for supply to the final consumer or mass caterer shall ensure the presence and accuracy of the food information in accordance with the applicable food information law.

Justification

The word ‘market’ may be misinterpreted (e.g. world market). It is therefore important to specify that the EU’s internal market is meant here.

Amendment  26

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. Food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure, within the limits of their respective activities, the presence of the applicable food information requirements, in particular by not supplying foods which they know or presume to be non compliant, on the basis of the information in their possession as professionals.

4. Food business operators responsible for retail or distribution activities which do not affect food information shall, within the limits of their respective activities, not supply foods which they know, on the basis of the information in their possession as professionals or which has been provided to them by their suppliers, do not comply with this Regulation.

Justification

Distributors cannot be held wholly responsible a priori for the information displayed on products not carrying their name.

Amendment  27

Proposal for a regulation

Article 9 - paragraph 1 - introductory part

Text proposed by the Commission

Amendment

1. In accordance with Articles 10 to 34 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory.

1. In accordance with Articles 10 to 34 and subject to the exceptions contained in this Chapter, Chapter V and Chapter VI, indication of the following particulars shall be mandatory.

Justification

A reference to Chapters V and VI, clarifies that for non-prepacked food, not all mandatory particulars are required and that for food labelled voluntarily, the Chapter IV requirements apply only if voluntary information is provided. A food business operator that voluntarily provides nutritional information should not have to provide other information which would normally be required in the case of pre-packed food but that is irrelevant in the case of non-prepacked foods. In addition, food business operator should have the flexibility on how to provide that information.

Amendment  28

Proposal for a regulation

Article 9 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a) the name of the food;

(a) the name under which the product is sold;

Justification

-          Paragraph 1(a)-(h): Linguistic adjustment to ensure consistency with the current terminology of Directive 2000/13/EC (Labelling Directive) (cf. Article 3: inter alia 'the name under which the product is sold'; 'the net quantity').

Amendment  29

Proposal for a regulation

Article 9 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) any ingredient listed in Annex II causing allergies or intolerances, and any substance derived therefrom;

(c) any ingredient listed in Annex II causing allergies or intolerances, and any substance derived therefrom, with due respect to specific provisions for non-prepacked foods;

Justification

The Commission text, in connection with Article 13 (4), extends the obligation of labelling allergens for non-pre-packed food. A requirement to label allergens for non pre-packed food would entail a systematic labelling of allergens, to cover any risk of cross contamination. However, it seems that associations of people with allergies prefer a disclosure obligation on the retail space through a display or the provision of data sheets.

Amendment  30

Proposal for a regulation

Article 9 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) the date of minimum durability or the 'use by' date;

(f) the date of minimum durability or, in the case of foodstuffs which, from the microbiological point of view, are perishable, the 'use by' date;

Amendment  31

Proposal for a regulation

Article 9 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fa) the date of manufacture;

Justification

In order to fulfil the purpose of the regulation of providing the consumer with appropriate information about the food they consume in order to enable him to make informed choices, it is essential that the consumer be informed about the date of manufacture.

Amendment  32

Proposal for a regulation

Article 9 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) the name or business name and address of the manufacturer or packager, or of a seller established within the Community;

(h) the name or business name and address within the Community of the manufacturer or packager, of the seller , of the importer or, where appropriate, of the food business operator under whose name or business name the food is marketed;

Justification

It is necessary to ensure that the name or the business name and the address within the Community of the operator responsible for the first placing on the Community market are obligatorily mentioned. To this end, the list foreseen has to be extended and specified.

Amendment  33

Proposal for a regulation

Article 9 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance; in such cases the indication shall be in accordance with the rules laid down in Article 35(3) and (4) and those established in accordance with Article 35(5);

(i) the country of origin or place of provenance of non-processed foods and all meat, including fish and shellfish, in line with existing rules relating to beef;

Justification

For reasons of transparency, consumers should know the country of origin of meat. To be aware about the origin of where the animal was rearing and where the meat was packages are essential elements to allow consumer to make an informed choice

Amendment  34

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission may amend the list of mandatory particulars laid down in paragraph 1. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

Given the importance of this provision, the Commission must not be given the exclusive right to amend the list of mandatory particulars.

Amendment  35

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission may amend Annex III. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(4).

deleted

Justification

Amendments to the mandatory labelling elements are not “non-essential elements” of the Regulation that could possibly be agreed via Comitology. It is the legislator’s prerogative to do so.

Amendment  36

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 9 shall be without prejudice to more specific Community provisions regarding weights and measures.

Article 9 shall be without prejudice to more specific Community provisions regarding weights and measures. The provisions of Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products1 shall be complied with.

 

_________

 

1 OJ L 247, 21.9.2007, p. 17.

Justification

To make the regulation easier to read a reference to Directive 2007/45/EC laying down rules on nominal quantities for prepacked products should be included.

Amendment  37

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3. The availability of certain mandatory particulars by means other than on the package or on the label may be established by the Commission provided the general principles and requirements laid down in Chapter II of this Regulation are met. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

The indication of the mandatory particulars is the core of the Regulation. The means by which this information is made available must not be changed by measures designed to amend non-essential elements of this Regulation.

Amendment  38

Proposal for a regulation

Article 13 – paragraph 4

Text proposed by the Commission

Amendment

4. In the case of non-prepacked food, the provisions of Article 41 shall apply.

4. In the case of non-prepacked food and foods packed on the sales premises at the consumer’s request or prepacked for direct sale, the provisions of Article 41 shall apply.

Justification

This addition clarifies the fact that Article 13(4) also refers to Article 41 in connection not only with prepacked food, but also with directly packed food (food that is packed at the point of sale). The Commission’s proposed wording of Article 13(4) does not refer to directly packed foods, although they are regulated by Article 41, to which Article 13(4) refers.

Amendment  39

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to specific Community legislation applicable to particular foods a regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure significant contrast between the print and the background.

1. Without prejudice to specific Community legislation applicable to particular foods a regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package in a clearly legible format, which shall leave no possibility for misleading of the consumer. Elements that shall be taken into account to ensure the legibility of food information are the lay-out of the text, the style, the size and colour of the text font, the colour of the background, the packaging and printing and the viewing distance and angle.

Justification

All information presented on a label should be easily visible, clearly legible and not misleading for consumers, in order for consumers to make an informed choice.

Amendment  40

Proposal for a regulation

Article 14 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. The mandatory particulars listed in Article 9(1) shall be presented in such a way as to ensure a significant contrast between print and background and as to be easily visible, clearly legible and indelible. Elements that shall be taken into account to ensure the legibility of food information are the lay-out of the text, the style and the font type. Marketing on the package shall not overshadow mandatory information.

Amendment  41

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. The particulars listed in Article 9(1) (a), (e) and (k) shall appear in the same field of vision.

2. The particulars listed in Article 9(1)(a), (e) and (k) and in Article 9(1)(c), (f), (g) and (j) shall appear in the same field of vision.

Justification

All health-related information (allergens, 'use-by’ date, storage conditions and instructions for use) should appear in the same field of vision.

Amendment  42

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

(3) Detailed rules concerning the presentation of mandatory particulars and the extension of the requirements referred to in paragraph 2 to the additional mandatory particulars for specific categories or types of food referred to in Articles 10 and 38 may be adopted by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

This paragraph would give excessively broad powers to the Commission, as it in no way concerns ‘non-essential elements’.

Amendment  43

Proposal for a regulation

Article 14 – paragraph 4

Text proposed by the Commission

Amendment

4. The minimum font size referred to in paragraph 1 shall not apply in case of packaging or containers the largest surface of which has an area of less than 10 cm2.

4. The minimum font size referred to in paragraph 1 shall not apply in case of packaging or containers the largest surface of which has an area of less than 50 cm2.

Amendment  44

Proposal for a regulation

Article 14 – paragraph 5

Text proposed by the Commission

Amendment

5. Paragraph 2 shall not apply in the case of foods specified in Article 17(1) and (2).

5. Paragraph 2 shall not apply in the case of foods specified in Article 17(1) and (2). Specific national provisions may be adopted for such packaging or containers in the case of Member States which have more than one official language.

Amendment  45

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 9(2), mandatory food information shall appear in a language easily understood by the consumers of the Member States where a food is marketed.

1. Without prejudice to Article 9(2), mandatory food information shall appear in a language easily understood by all consumers of the Member States where a food is marketed, including those who are blind or partially sighted.

Justification

Pursuant to Article 56a of Directive 2004/27/EC (amending Directive 2001/83/EC), it is mandatory for medicines to be marked in Braille, and there is a requirement for package leaflets to be provided in a format suitable for the blind and partially sighted. As foods which contain allergenic ingredients may cause serious problems for those who do not know about them, the compulsory Braille system should be extended to the list of ingredients in foods.

Amendment  46

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. In the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the package or on the label. The particulars referred to in Article 9(1)(b) shall be provided through other means or shall be available at the request of the consumer.

2. In the case of packaging or containers the largest surface of which has an area of less than 50 cm2, only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the package or on the label. The particulars referred to in Article 9(1)(b) shall be provided through other means or shall be available at the request of the consumer.

Amendment  47

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The particulars listed in Articles 9 and 29 shall not be mandatory for non-prepacked goods, including those provided by mass caterers within the meaning of Article 2(2)(d) with the exception of Article 9(1)(c) and Annex III.

Justification

Mandatory particulars and content (art 9 and article 29) should not apply to non pre-packed food or for mass caterers (restaurants, canteens, schools and hospitals). The amount of small and middle sized enterprises supplying non pre-packed food is high and labelling should, through the perspective of lowering costs and bureaucracy, not be mandatory for this category of suppliers. Also the procedures are most often not standardised: ingredients change on a daily basis. It should also be borne in mind that the traditional food production sector is particularly responsible for preserving regional specialities, for creativity and for innovation and thus ensures the diversity of the products available. It is therefore important to exclude these producers from the nutrition declaration requirement. Any ingredient listed in Annex II causing allergies or intolerances, and any substance derived there from should not be included in this exception.

Amendment  48

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. The name of the food shall be its legal name. In the absence of such name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food shall be provided.

1. The name of the food shall be its legally prescribed name. In the absence of such a name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food shall be provided.

Justification

Linguistic adjustment to ensure consistency with the current terminology of Directive 2000/13/EC (Labelling Directive).

Amendment  49

Proposal for a regulation

Article 22 – paragraph 1 - subparagraph 1

Text proposed by the Commission

Amendment

1. Any ingredient listed in Annex II or any substance originating from an ingredient listed in that Annex, subject to the exceptions thereof provided for in that Annex, shall be indicated on the label with a precise reference to the name of the ingredient.

1. Any ingredient listed in Annex II or any substance originating from an ingredient listed in that Annex, subject to the exceptions thereto provided for in that Annex, shall be indicated on the label with a precise reference to the name of the ingredient or the substance causing allergies or intolerances.

Justification

Labelling the substance causing allergies or intolerances instead of the ingredient containing such substance is clearer and more effective.

Amendment  50

Proposal for a regulation

Article 22 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

ba) the food is not prepacked and it is indicated in a visible manner in the sales area that:

 

- customers should be able to obtain information regarding allergenic substances directly by means of material displayed on the premises, and as a complementary measure during a sales talk, and

 

- customers are informed that the possibility of cross-contamination cannot be excluded;

Justification

Information concerning potential allergens is very important for allergic persons in connection with food which is not pre-packed, i.e. in a bakery or in a mass catering. But far-reaching allergy labelling for non pre-packed products is virtually impossible to provide. It would place small and medium-sized undertakings at a considerable competitive disadvantage and increase their costs. In addition, the possibility of cross-contamination cannot be excluded in premises where the area available for processing is limited. Therefore, the retailer of non pre-packed food can choose the method of informing the customer i.e. through a sales talk, by a clear sign, in a menu or via a hand-out.

Amendment  51

Proposal for a regulation

Article 24 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) in units of liquid in the case of liquids;

(a) in units of liquid in the case of liquids within the meaning of Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption1;

 

__________

 

1 OJ L 176, 6.7.1985, p. 18.

Justification

Linguistic adjustment to ensure consistency with the current terminology of Directive 2000/13/EC (Labelling Directive). Paragraph 1 should be more specific, since for certain foodstuffs (including ketchup, sauces, mayonnaise, ice cream or spices) there is legal

Amendment  52

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. The appropriate date shall be expressed in accordance with Annex IX.

2. The appropriate date shall be easy to find and shall not be hidden. It shall be expressed as follows:

 

Date of minimum durability:

 

The date shall be preceded by the words:

 

- ‘Best before [date]’ where the date includes an indication of the day,

 

- ‘Best before end [month]’ in all other cases.

Justification

For the sake of clarity, Annex IX should be incorporated into the legislative text. The term ‘best before ...’ should be interpreted according to national legislation or national non-legally binding agreements. The derogation from the requirement to indicate the date of minimum durability for ice cream packaged in individual portions is deleted. Individual portions can be separated from the package or lot in which they have been sold, so it is essential that each detachable portion bears the date of minimum durability.

Amendment  53

Proposal for a regulation

Article 29 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The nutrition declaration shall include the following (hereinafter referred to as "mandatory nutrition declaration"):

1. The mandatory nutrition declaration shall include the following (hereinafter referred to as "mandatory nutrition declaration"):

Amendment  54

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) energy value;

(a) energy value (calorific value);

Amendment  55

Proposal for a regulation

Article 29 – paragraph 1 – point b

Text proposed by the Commission

Amendment

b) the amounts of fat, saturates, carbohydrates with specific reference to sugars, and salt.

b) the amounts of proteins, carbohydrates, fat, with specific reference to saturates, fibre, sugars, and salt.

Justification

It is important that the mandatory nutrition declaration refer to the most important nutrients (proteins, carbohydrates - such as sugars - fats, saturates, fibres and sodium) as previously defined by the legislation in force (Directive 90/496/EEC). The nutritional information should not simply focus on nutrients that are potentially problematic by specifically highlighting them, as a healthy diet requires the balanced intake of all these elements.

Amendment  56

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) the amounts of saturates, trans fats, fibre and protein.

Amendment  57

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration for these products. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

This paragraph shall not apply to wine or wine products as defined in Article 1(1) of Regulation (EC) No 479/2008 and Article 2(1) of Council Regulation (EC) No 1601/1991, similar products, except those obtained from grapes, cider, perry, beer, and spirits as defined in Article 2(1) of Regulation (EC) No 110/2008, and other alcoholic beverages. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraph on these products and may accompany this report by specific acts determining the rules for a mandatory nutrition declaration for these products. Those acts, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the procedure referred to in Article 290 of the Treaty on the Functioning of the European Union.

Justification

A number of fundamental issues would have to be clarified before imposing ingredients or nutritional labelling to alcoholic beverages, which are not consumed for their nutritional values. Furthermore, Regulation 479/2008, 1601/91 and 110/2008 provide for the means of presentation and labelling of wines and spirits. They also provide for the possibility to define the implementing rules through their specific comitology procedure. For the sake of consistency, these provisions must be retained.

Amendment  58

Proposal for a regulation

Article 29 – paragraph 2 – points f and g

Text proposed by the Commission

Amendment

(f) fibre;

deleted

(g) protein;

 

Amendment  59

Proposal for a regulation

Article 29 – paragraph 2 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) cholesterol;

Justification

Indicating the cholesterol separately from the fats containing it could be useful for consumers.

Amendment  60

Proposal for a regulation

Article 29 – paragraph 4

Text proposed by the Commission

Amendment

4. The lists in paragraphs 1 and 2 may be amended by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

deleted

Justification

We do not consider this to be non-essential. A change of the list of nutrients will have a big impact; therefore, we believe it should be in the hands of the legislator.

Amendment  61

Proposal for a regulation

Article 30 – paragraph 4

Text proposed by the Commission

Amendment

4. The declared values shall, according to the individual case, be average values based on:

4. The declared values shall be average values at the end of the minimum durability period and shall, as appropriate, be based on:

(a) the manufacturer’s analysis of the food; or

(a) the manufacturer’s analysis of the food; or

(b) a calculation from the known or actual average values of the ingredients used; or

(b) a calculation from the known or actual average values of the ingredients used; or

(c) a calculation from generally established and accepted data.

(c) a calculation from generally established and accepted data.

The rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks may be decided upon in accordance with the procedure laid down in Article 49(2).

The rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks shall be adopted, after the European Food Safety Authority has given its opinion, in accordance with the procedure laid down in Article 49(2).

Justification

Aus Gründen der Rechtssicherheit sollte im Rechtstext näher konkretisiert werden, dass sich die Durchschnittswerte auf das Ende des Mindesthaltbarkeitsdatums zu beziehen haben. Natürlich oder zugefügte Vitamine und Mineralstoffe unterliegen natürlichen Abbau- und Schwankungsprozessen. So kann sich z.B. Vitamin C im Laufe der Mindeshaltbarkeitszeit eines Produktes auf natürliche Weise in beträchtlichem Ausmaß abbauen (abhängig von den Lagerungsbedingungen, Sonnenlicht etc.). Darüber hinaus unterliegen die Mengen an Nährstoffen in einem Produkt je nach Ernte oder Sorte natürlichen Schwankungen. Aus diesem Grund sollten ehestmöglich EU-weite Rundungsregeln und Toleranzen für die Kennzeichnung von Nährstoffmengen festgelegt werden.

Amendment  62

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or, subject to Article 32(2) and (3), per portion.

2. The amount of energy and nutrients or their components referred to in paragraph 1 shall be expressed per 100 g or per 100 ml.

 

 

 

If the food is prepacked as an individual portion, the energy and nutrition values referred to in paragraph 1 must also be indicated per portion.

 

If information is provided per portion, the number of portions which the package contains shall be indicated.

 

Portions shall be indicated using the word 'portion'.

Justification

In order to make it possible for the consumers to compare different foodstuffs within the same category - irrespective of the size and content of the packages - it is imperative that the amount of energy and nutrients always be declared per 100 g or 100 ml. In addition, it may be possible to express the amounts per portion, if the producer may wish so

Amendment  63

Proposal for a regulation

Article 31 – paragraph 3

Text proposed by the Commission

Amendment

3. The mandatory nutrition declaration shall be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or per portion. When provided, the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex XI.

3. The nutrition declaration for energy content, fat, saturates, sugars and salt may in addition be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or, pursuant to Article 31(2), per portion. When provided, the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex XI.

Justification

This amendment should be read in conjunction with the Rapporteur's Amendment 135, which calls for uniform portion indications. Labelling purely by means of absolute figures per 100 g / 100 ml should be supplemented with a percentage indication in order to place consumption of a product in relation to the daily requirement and thus give consumers extra information, as many consumers cannot tell from absolute figures whether a given value is high or low.

Amendment  64

Proposal for a regulation

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

4. The declaration of polyols and/or starch and the declaration of type of fatty acids, other than the mandatory declaration of saturates referred to in Article 29(1)(b), shall be presented in accordance with Annex XIII Part B.

4. The declaration of polyols and/or starch and the declaration of type of fatty acids, other than the mandatory declaration of saturates and trans fats referred to in Article 29(1), shall be presented in accordance with Annex XIII Part B.

Justification

Trans fats shall be part of the mandatory nutrition declaration in addition to saturated fats and therefore shall be removed from the voluntary particulars.

Amendment  65

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission

Amendment

1. In addition to the nutrition declaration per 100g or per 100ml referred to in Article 31(2), the information may be expressed per portion as quantified on the label, provided that the number of portions contained in the package is stated.

1. In addition to the nutrition labelling per 100g or per 100ml, it may be expressed per portion, provided that the quantity contained in the portion is stated.

Justification

Linguistic adaptation of the German text to the English version ('in addition') [This does not affect the English version]. In order not to mislead the consumer, nutrition labelling per portion should be possible when the quantity per portion is clearly labelled on the product. The additional indication of the number of portions contained in the package should be possible on a voluntary basis.

Amendment  66

Proposal for a regulation

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

2. The nutrition declaration may be expressed on a per portion basis alone if the food is prepacked as an individual portion.

2. The nutrition declaration may be expressed on a per portion basis alone if the food is clearly prepacked as an individual portion or as more than one readily identifiable portion, all being of the same dimensions.

Justification

Food products which are clearly prepacked in a single individual portion or in more than one separate portion all of the same dimensions must be treated in the same way as prepacked productions in individual portions.

Amendment  67

Proposal for a regulation

Article 32 – paragraph 3

Text proposed by the Commission

Amendment

3. The expression on a per portion basis alone for foods presented in packages containing multiple portions of the food, that have not been prepacked as individual portions, shall be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

3. The Commission shall adopt acts to establish the expression in the main field of vision of the element referred to in Article 29(1)(a) on a per portion basis alone for foods not referred to in paragraph 2. Those acts, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the procedure referred to in Article 290 of the Treaty on the Functioning of the European Union by the end of the transition period.

Justification

In some cases it would also be useful for consumers if the energy value was indicated as per portion. The definition of the size of these portions must, however, always be harmonised to allow a simple comparison between different brands of the same type of product.

Amendment  68

Proposal for a regulation

Article 33

Text proposed by the Commission

Amendment

1. In addition to the forms of expression referred to in Article 31(2) and (3), the nutrition declaration may be given by other forms of expression provided that the following essential requirements are met:

1. In addition to the forms of expression referred to in Article 31(2) and (3), the nutrition declaration may be given by graphic forms of expression provided that the following essential requirements are met:

(a) the form of expression aims to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet; and

(a) the form of expression aims to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet; and

(b) it is based either on harmonised reference intakes, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients; and

(b) it is based on the reference intakes indicated in Annex XI, Part B, in relation to 100 g or 100 ml. If a product is prepacked as an individual portion or if it is supplied in quantities of less than 100 g/ml, an indication per portion relating to the quantity supplied shall be sufficient. In the absence of such reference intakes, the nutrition declaration is based on generally accepted scientific advice on intakes for energy or nutrients and

(c) it is supported by evidence of understanding of and use of the presentation of the information by the average consumer.

(c) it is supported by evidence of understanding of and use of the presentation of the information by the average consumer.

2. Such additional forms of expression referred to in paragraph 1 shall be identified under a national scheme referred to in Article 44.

2. Model graphic presentations are shown in Annex XIII, Part Ca.

Justification

Graphic presentation may substantially improve consumers' understanding of the nutrition declaration.

Amendment  69

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be included in the principal field of vision. They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturates, carbohydrates with specific reference to sugars, and salt.

1. The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be displayed in the same field of vision. They shall be presented, where appropriate, together in a clear format in the following order: energy, protein, carbohydrates, fat, with specific reference to saturates, fibre, sugars, and salt.

Justification

To allow consumers a quick glance at the energy value of the product, this should be labelled on the front of the pack. In addition to providing consumers with more comprehensive information, it is useful that consumers receive all the information they need to make an informed choice in the same field of vision.

Amendment  70

Proposal for a regulation

Article 34 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

When the nutrition declaration does not appear in principal field of vision, it shall be presented in tabular form, with the numbers aligned if space permits. Where space does not permit, the declaration shall appear in linear form.

deleted

Amendment  71

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

4. In cases where the amount of energy or nutrient(s) in a product is negligible, the nutrition declaration on those elements may be replaced by a statement such as ‘Contains negligible amounts of …’ in close proximity to the nutrition declaration when present.

4. In cases where the amount of energy or nutrient(s) in a product is negligible, the nutrition declaration on those elements is not mandatory, except in the case of allergens.

Amendment  72

Proposal for a regulation

Article 34 – paragraph 4 - subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

In cases where the amount of energy or nutrient(s) in a product is equal to zero, the nutrition declaration for those elements may be replaced by the indication ‘Contains no …’ in close proximity to the nutrition declaration when present.

Amendment  73

Proposal for a regulation

Article 35 – paragraph 2

Text proposed by the Commission

Amendment

2. Without prejudice to labelling in accordance with specific Community legislation, paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the European Community or a given country or place.

2. Without prejudice to labelling in accordance with specific Community legislation, and more specifically with Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed1, Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs2, Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine3, Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks 4 and Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails5, paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the European Community or a given country or place.

 

1 OJ L 93, 31.3.2006, p. 1.

2 OJ L 93, 31.3.2006, p. 12.

3 OJ L 148, 6.6.2008, p. 1.

4 OJ L 39, 13.2.2008, p. 16.

5 OJ L 149, 14.6.1991, p. 1.

Justification

It is important to clarify the exact scope of paragraph 2. The Commission's aim seems to be to exempt products with a geographical indication from origin labelling. There are 5 Regulations covering geographical indications that should be mentioned.

Amendment  74

Proposal for a regulation

Article 35 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The provisions of Article 14 shall not apply to voluntary information, but such information shall in any event be clearly legible.

Amendment  75

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the country of origin or the place of provenance of the food is not the same as the one of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s) shall also be given.

3. Where the country of origin or the place of provenance of the food is not the same as the one of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s) shall also be given, except for products the ingredients of which do not need to be listed, in accordance with Article 20 of this Regulation.

Justification

It is necessary to amend paragraph 3 to maintain the consistency of the text by specifying that paragraph 3 does not apply to the categories of products covered by the exemption referred to in Article 20(1).

Amendment  76

Proposal for a regulation

Article 35 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. For whisky, the indication of the country of origin shall always be given, and in the principal field of vision. Where the whisky is the product of more than one country, each country of origin shall be given.

Justification

It is traditional practice for whisky sold in the EU to be labelled with its country of origin, and consumers attach considerable importance to this information. Some whiskies which do not bear indications of origin use other indications to suggest they originate in one of the major whisky producing countries when they do not. It is therefore appropriate that all whiskies sold in the EU state their origin to avoid misleading consumers.

Amendment  77

Proposal for a regulation

Chapter VI

Text proposed by the Commission

Amendment

 

Chapter deleted

Justification

National provisions are against of the principle of harmonisation and free circulation of goods in the internal market.

Amendment  78

Proposal for a regulation

Chapter VII

Text proposed by the Commission

Amendment

 

Chapter deleted

Justification

National provisions are against of the principle of harmonisation and free circulation of goods in the internal market.

Amendment  79

Proposal for a regulation

Article 53 - paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

Article 17(1) shall apply from [the first day of the month 15 years after the entry into force].

Amendment  80

Proposal for a regulation

Article 53 – paragraph 3

Text proposed by the Commission

Amendment

Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force] except in the case of foods labelled by food business operators with, on the date of entry into force, less than 10 employees and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million where they shall apply [the first day of the month 5 years after the entry into force]. Article 14(1) shall apply from [the first day of the month 5 years after the entry into force].

Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force] except in the case of foods labelled by food business operators with, on the date of entry into force, less than 10 employees and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million where they shall apply [the first day of the month 5 years after the entry into force]. Article 14(1) shall apply from [the first day of the month 5 years after the entry into force].

 

Foods placed on the market prior to the entry into force of this Regulation may be marketed until stocks are exhausted.

Justification

The special provisions applicable to SMEs and the number of their employees must be expanded if they are to be effective. For foods placed on the market before the Regulation enters into force, the option must be provided of continuing to sell them until stocks are exhausted.

Amendment  81

Proposal for a regulation

Article 53 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

Food placed in circulation prior to the entry into force of this Regulation which do not comply with its requirements may continue to be placed on the Union market until stocks are exhausted.

Amendment  82

Proposal for a regulation

Annex III – point 2.3 – right-hand column

Text proposed by the Commission

Amendment

‘contains a source of phenylalanine

‘contains aspartame

Justification

This amendment seeks to aid consumer understanding by replacing a technical term with a more common name.

Amendment  83

Proposal for a regulation

Annex III – point 5 a (new)

Text proposed by the Commission

Amendment

5a. SURFACE TREATMENT OF FRUITS AND VEGETABLES

Fruits and vegetables that have received post-harvest surface treatment by use of additives or pesticides

Surface treated

Justification

The current rules do not contain a general requirement for information on post-harvest surface treatment of fruits and vegetables by either additives or pesticides to maintain freshness. This means that products appear with another form of “freshness” than expected by the consumer. Consumers are entitled to receive information on the fact that the foodstuff they purchase is surface treated.

Amendment  84

Proposal for a regulation

Annex III - point 5 a (new)

Text proposed by the Commission

Amendment

 

5a. Meat and Poultry products

 

Where beef or pork proteins have been used in the production of chicken products, this should always be clearly labelled on the packaging.

Justification

If beef or pork proteins have been used in the production of cricket, the consumer should always be made aware of it. This is vitally important information for consumers, especially for those with religious sensitivities.

Amendment  85

Proposal for a regulation

Annex IV – indents 3, 4, 5 and 5 a (new)

Text proposed by the Commission

Amendment

- waters intended for human consumption, including those where the only added ingredients are carbon dioxide and/or flavourings;

- natural mineral waters or other waters intended for human consumption, including those where the only added ingredients are carbon dioxide and/or flavourings;

- a herb, a spice or mixtures thereof;

- herbs, spices, seasonings and mixtures thereof;

- salt and salt substitutes;

- salt and salt substitutes;

 

- sugar;

Justification

Waters: Art. 28.1 of the proposal says “the provisions of this section (=3) shall not apply to foods within the scope of the following legislation: (b) Council directive 80/777 on the approximation of laws of the Member States relating to the exploitation and marketing of natural mineral waters”. In order to avoid confusion, it is important to have one single exemption under Annex IV covering all bottled water similar to the Directive 90/496, article 1.2.

Herbs: Clarification.

Sugar: Sugar is composed of a single nutrient which is readily identifiable and not misleading to consumers.

Amendment  86

Proposal for a regulation

Annex IV – indent 16

Text proposed by the Commission

Amendment

- food in packaging or containers the largest surface of which has an area of less than 25 cm2;

- food in packaging or containers the largest surface of which has an area of less than 75 cm2;

Justification

Packages of less than 75 cm2 should be exempt from mandatory nutrition labelling.

Amendment  87

Proposal for a regulation

Annex IV – indent 16 a (new)

Text proposed by the Commission

Amendment

 

- chewing gum;

Justification

Products like assortments and giftings, mixed multi-packs and chewing gum should also be exempted.

Amendment  88

Proposal for a regulation

Annex IV – indent 17 a (new)

Text proposed by the Commission

Amendment

 

- non-prepacked food, including mass catering products, intended for immediate consumption;

Justification

Enterprises in the food retail trade and the traditional food production sector, which also include providers of mass catering services, likewise produce products for direct delivery to the consumer. There are no standardised procedures: ingredients change on a daily basis. The traditional food production sector is particularly responsible for preserving regional specialities, and ensuring the diversity of the products available. It is therefore important to exclude these producers from the nutrition declaration requirement.

Amendment  89

Proposal for a regulation

Annex V – part C a (new)

Text proposed by the Commission

Amendment

 

PART Ca - OFFICIAL DESIGNATION OF FOODS WHICH GIVE THE IMPRESSION OF BEING A DIFFERENT FOOD

 

No

Divergence in terms of type, quality and composition

Name under which the product is sold

 

1.

As compared with cheese, full or partial replacement of milk fat with vegetable fat

Imitation cheese

 

2.

As compared with ham, altered composition consisting of chopped-up ingredients with a much lower meat content

Imitation ham

Justification

Consumers are being disappointed in their expectations by the increasing use of imitation foods containing cheaper substitute ingredients.

Amendment  90

Proposal for a regulation

Annex VI – Part A – point 5 – left-hand column

Text proposed by the Commission

Amendment

5. Mixtures of spices or herbs, where none significantly predominates in proportion by weight

5. Mixtures or preparations of spices or herbs, where none significantly predominates in proportion by weight

Justification

The current system should be retained. Preparations of spices have been included hitherto.

Amendment  91

Proposal for a regulation

Annex VI – Part B – points 1 and 2 – right-hand column

Text proposed by the Commission

Amendment

1. ‘Oil’, together with

1. ‘Oil’, together with

either the adjective ‘vegetable’ or ‘animal’, as appropriate, or

either the adjective ‘vegetable’ or ‘animal’, as appropriate, or

an indication of their specific vegetable or animal origin

an indication of their specific vegetable or animal origin

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated oil unless the amount of saturates and trans fats are included in the nutrition declaration

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated oil

2. ‘Fat’, together with

2. ‘Fat’, together with

either the adjective ‘vegetable’ or ‘animal’, as appropriate, or

either the adjective ‘vegetable’ or ‘animal’, as appropriate, or

an indication of their specific vegetable or animal origin

an indication of their specific vegetable or animal origin

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated fat unless the amount of saturates and trans fats are included in the nutrition declaration

The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated fat

Justification

Trans fats are recognised as being harmful to health and are banned in several countries. It must therefore be mandatory to indicate their presence, and to do so in a way which is particularly visible. The fact that they are included in the nutrition declaration must not prevent them from being clearly referred to among the ingredients.

Amendment  92

Proposal for a regulation

Annex VI – Part B – point 4 – left-hand column

Text proposed by the Commission

Amendment

4. Starches, and starches modified by physical means or by enzymes

4. Starches, starches modified by physical means or by enzymes, roasted or dextrinated starches, starches modified by acid or alkali treatment and bleached starches

Justification

The category designation 'starch' should also include roasted or dextrinated starches, starches modified by acid or alkali treatment and bleached starches. These substances are used in practice in the production of foodstuffs and should be included in the list of ingredients. Directive 95/2/EC on food additives specifically excludes them from its field of application.

Amendment  93

Proposal for a regulation

Annex VIII – point 5 – paragraph 1

Text proposed by the Commission

Amendment

5. Where a solid food is presented in a liquid medium, the drained net weight of the food shall also be indicated.

5. Where a solid food is presented in a liquid medium, the drained net weight at the moment of the packing of the food shall also be indicated.

Justification

A solid food in a liquid medium will change its net weight during the period of the production and the selling to the consumer due to usual interactions between the solid food and the liquid medium. The scale of change of the net weight depends on several circumstances, i.e. time, temperature and conditions of transport and storage. Therefore the indication of the net weight should be done at the moment of the manufacturing, where the food producer is fully responsible for the product and is able to give a correct indication of the net weight.

Amendment  94

Proposal for a regulation

Annex XI – Part A – Point 1 and Table

Text proposed by the Commission

Amendment

1. Vitamins and minerals which may be declared and their recommended daily allowances (RDAs)

1. Vitamins and minerals which may be declared and their recommended daily allowances (RDAs)

Vitamin A (µg)

800

Vitamin A (µg)

800

Vitamin D (µg)

5

Vitamin D (µg)

5

Vitamin E (mg)

10

Vitamin E (mg)

12

 

 

Vitamin K (µg)

75

Vitamin C (mg)

60

Vitamin C (mg)

 

80

Thiamin (mg)

1,4

Thiamin (Vitamin B1) (mg)

1,1

Riboflavin (mg)

1,6

Riboflavin (mg)

1,4

Niacin (mg)

18

Niacin (mg)

16

Vitamin B6 (mg)

2

Vitamin B6 (mg)

1,4

Folacin (µg)

200

Folic acid (µg)

200

Vitamin B12 (µg)

1

Vitamin B 12 (µg)

2,5

Biotin (mg)

0,15

Biotin (µg)

50

Pantothenic acid (mg)

6

Pantothenic acid (mg)

6

 

 

Potassium (mg)

2000

 

 

Chloride (mg)

800

Calcium (mg)

800

Calcium (mg)

800

Phosphorus (mg)

800

Phosphorus (mg)

700

Iron (mg)

14

Iron (mg)

14

Magnesium (mg)

300

Magnesium (mg)

375

Zinc (mg)

15

Zinc (mg)

10

 

 

Copper (mg)

1

 

 

Manganese (mg)

2

 

 

Fluoride (mg)

3,5

 

 

Selenium (µg)

55

 

 

Chromium (µg)

40

 

 

Molybdenum (µg)

50

Iodine (µg)

150

Iodine (µg)

150

Justification

The RDA values should be brought into line with the new reference values in accordance with the modification of the Nutrition Labelling Directive, 2008/100/EC (OJ L 285, p. 9).

Amendment  95

Proposal for a regulation

Annex XII – table

Text proposed by the Commission

Amendment

carbohydrate (except polyols)

4 kcal/g —17 kJ/g

carbohydrate (except polyols)

4 kcal/g

- polyols

2,4 kcal/g —10 kJ/g

- polyols

2,4 kcal/g

- protein

4 kcal/g —17 kJ/g

- protein

4 kcal/g

- fat

9 kcal/g —37 kJ/g

- fat

9 kcal/g

- salatrims

6 kcal/g —25 kJ/g

- salatrims

6 kcal/g

- alcohol (ethanol)

7 kcal/g —29 kJ/g

- alcohol (ethanol)

7 kcal/g

- organic acid

3 kcal/g —13 kJ/g

- organic acid

3 kcal/g

Justification

The calculation with two different units leads to contradictory results because of inconsistent conversion factors. Since 'kcal' is a measurement unit more easily understood by consumers than the 'kJ' unit, the indication should be given solely in 'kcal'.

Amendment  96

Proposal for a regulation

Annex XIII – Part A – table – first row

Text proposed by the Commission

Amendment

- Energy

kJ and kcal

- Energy

kcal

Amendment  97

Proposal for a regulation

Annex XIII – Part C a (new)

Text proposed by the Commission

Amendment

 

Part C – Graphic representation of the nutrition declaration

 

If the nutrition declaration is also represented graphically, it may also, in addition to other graphic depictions, be shown in one of the following forms:

 

Cylinder model

 

100 g contains:

kcal / sugars / fat / saturates / salt

percentage of the recommended daily intake of an adult

 

1 plus 4 model

 

Variant 1

 

per portion (portion = 50 g) energy / sugars / fat / saturates / salt

guide values as % of daily intake

 

Variant 2

 

per portion (portion = 50 g)energy / sugars / fat / saturates / salt

guide values as % of daily intake

Justification

This amendment should be read in conjunction with the amendment tabled by the same Member to Article 33(1). A graphic representation can substantially improve consumer comprehension of nutrition labelling.

PROCEDURE

Title

Food information to consumers

References

COM(2008)0040 – C6-0052/2008 – 2008/0028(COD)

Committee responsible

ENVI

Opinion by

       Date announced in plenary

IMCO

19.10.2009

 

 

 

Rapporteur

       Date appointed

Christel Schaldemose

14.9.2009

 

 

Discussed in committee

6.10.2009

1.12.2009

25.1.2010

 

Date adopted

23.2.2010

 

 

 

Result of final vote

+:

–:

0:

21

15

0

Members present for the final vote

Pablo Arias Echeverría, Adam Bielan, Cristian Silviu Buşoi, Lara Comi, Anna Maria Corazza Bildt, António Fernando Correia De Campos, Jürgen Creutzmann, Christian Engström, Evelyne Gebhardt, Louis Grech, Iliana Ivanova, Philippe Juvin, Eija-Riitta Korhola, Edvard Kožušník, Kurt Lechner, Toine Manders, Hans-Peter Mayer, Tiziano Motti, Gianni Pittella, Zuzana Roithová, Heide Rühle, Matteo Salvini, Christel Schaldemose, Andreas Schwab, Laurence J.A.J. Stassen, Catherine Stihler, Róża, Gräfin von Thun Und Hohenstein, Kyriacos Triantaphyllides, Emilie Turunen, Bernadette Vergnaud, Barbara Weiler

Substitute(s) present for the final vote

Cornelis de Jong, Anna Hedh, Emma McClarkin, Antonyia Parvanova, Konstantinos Poupakis, Oreste Rossi, Anja Weisgerber, Kerstin Westphal


OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT (29.1.2010)

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

on the proposal for a regulation of the European Parliament and of the Council on the provision of food information to consumers

(COM(2008)0040 – C6-0052/2008 – 2008/0028(COD))

Rapporteur: Marc Tarabella

SHORT JUSTIFICATION

Introduction:

This new regulation will repeal two directives:

- Directive 2000/13/EC on the labelling of foodstuffs,

- Directive 90/496/EEC on nutrition labelling for foodstuffs.

The purpose of the regulation is to establish a legal framework regulating the information appearing on foods. A general awareness of the importance of eating healthier food provides the context. European consumers are becoming more and more conscious of the contents of food products as a result of the information campaigns run both by the Commission and by Member States. Moreover, several industrial groups have already begun to improve their labelling in response to consumer demand.

This regulation should lead to consumers having clear, legible and easily understood information allowing them to make fully informed food choices.

Guidelines proposed in the opinion of the Committee on Agriculture and Rural Development

- information which must appear on foodstuffs

In addition to the mandatory particulars proposed by the Commission, the Committee on Agriculture and Rural Development has adopted a compromise requiring the inclusion of particulars concerning provenance for certain types of product. The reference to the origin of foods has been deleted: when reference is made to the country of origin of a particular food, this may be the country in which the item in question was last processed (Council Regulation (EEC) No 2913/92 establishing the Community Customs Code). The Committee on Agriculture and Rural Development, however, would like the packaging to indicate the place where the fruit or vegetables were harvested, the place where the fish were caught, the place where the animals were born and reared, etc. and not the place where they were cooked or smoked. This is why he prefers to talk about the place of provenance of a food. Every member of the public must be told where each food he or she consumes comes from, so that he or she can make a more informed choice (for example whether or not to buy local produce) and is aware of a product's ecological footprint. These imperatives of transparency and traceability are the principles underpinning consumers' rights.

The Committee on Agriculture and Rural Development is thus insisting on a reference to the country of provenance for processed foods and mono-ingredient foods (the latter being defined as any food which, setting aside salt, sugar, spices, water, additives, flavourings or enzymes, contains only one ingredient) and for the primary meat and dairy ingredients contained in composite foods. In addition, in the case of meat other than beef and veal the place of provenance can be a single place only if the animals concerned were born, reared and slaughtered in the same country or place. In all other cases the various places of birth, rearing and slaughter should be specified.

Mandatory particulars must be presented in a clear, legible and easily understood way in order to rule out any confusion among consumers. The 3 mm print-size requirement is inappropriate: it will merely serve to increase the size of packages, causing further environmental pollution. This is why the Committee on Agriculture and Rural Development is proposing that the size of the mandatory items of information should be tailored to the size of the package concerned, with a minimum print size of 1 mm for packages whose largest side or label has an area of between 25 and 100 cm2 and a minimum print size of 2 mm for packages whose largest side or label has an area in excess of 100 cm2. In addition, it is vital to ensure that there is a sufficient degree of contrast between the printed characters and the background.

Information and training programmes are needed at European level with a view to ensuring that labels can be readily understood and to enhancing the effectiveness of this regulation. European consumers need to have greater in-depth knowledge if they are to make informed choices. Some countries now run adult education programmes, through evening classes for example, and have also started educational programmes for children at a very young age. Secondary schools in Belgium have ‘health committees’ made up of teachers, educators and cooks, who work to promote healthy food and a balanced diet. It is vital that these programmes should be encouraged throughout Europe so that consumers are given the information and skills they need to choose a healthier and more balanced diet. Associations working to this end are a vital means of making EU citizens more aware of these matters and must be supported and strengthened.

Moreover, new information and communication technologies may be employed in cases where the Commission authorises provision of some mandatory particulars by a means other than labelling. It is possible to envisage consumers being able to obtain all mandatory particulars at the moment of purchase through the use of electronic terminals placed in supermarkets.

- the mandatory nutrition declaration

The Committee on Agriculture and Rural Development takes the view that, in order to ensure that consumers are better informed, it is vital that details of the trans fatty acid, protein and fibre content of foods should be added to the mandatory nutrition declaration. A distinction should also be made between natural and added sugars. However, he opposes the addition of any further information, for one logical reason: too much information obscures the message.

The Committee on Agriculture and Rural Development has also amended the provisions of the Commission proposal dealing with the mandatory nutrition declaration. It is calling for an indication of the energy content, expressed in kcal, to be given at the bottom right of the upper side of the packaging and the rest of the nutritional labelling to be displayed in the same visual field as a single table.

- alcoholic beverages

The exemption of alcoholic beverages from these proposals is justified precisely on the grounds that they contain alcohol. It would be wrong to label these products in a way that could mislead consumers or encourage inappropriate consumption of these products. Equally, it would be wrong for these proposals to discriminate, and distort competition, between competing products. In the Commission's original proposal, wines, beers and spirit drinks were exempted from the requirement to indicate mandatory particulars for a period of five years. That is why the Committee on Agriculture and Rural Development is proposing, for the sake of greater fairness, that all alcoholic beverages (i.e. beverages containing more than 1.2% alcohol), with the exception of so-called alcopops, should be exempted from this requirement. Young consumers are easily misled by these drinks, because the taste of the strong alcohol they contain is disguised by their fizzy sweetness. They must not therefore be exempted: the list of ingredients and the nutrition declaration must appear, so that young consumers are aware of what these drinks contain.

- non-prepacked foods

The Committee on Agriculture and Rural Development supports the Commission proposal that the labels on non-prepacked foods should include details of allergens. However, with a view to maintaining the status quo and not imposing too many constraints on sellers of non-prepacked foods, it is proposing to reverse the Commission proposal as regards the other mandatory particulars: indication of these particulars should not be compulsory unless a Member State adopts rules requiring all or some to be indicated. In addition, consumers should be provided with information about allergens at their request, at the point of sale.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment 1

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) There is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is an important tool to inform consumers about the composition of the foods and help them make an informed choice. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice.

(10) There is interest amongst the general public in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is one method of informing consumers about the composition of the foods and of helping them make an informed choice. Education and information campaigns run by Member States are an important mechanism for improving consumer understanding of nutrition information. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice. To this end, training programmes should be funded by the Member States which would enable European citizens to acquire knowledge or enhance their knowledge of this subject. This could also be achieved by means of on-line information and education programmes. In this way, consumers would have all the tools they need to make a fully informed choice.

Justification

It should be made clear that the Member States are responsible for funding information and education programmes, so as to reduce the outflow of funds from the EU budget.

Amendment  2

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) In order to follow a comprehensive and evolutionary approach to the information provided to consumers relating to food they consume, there should be a broad definition of food information law covering rules of a general and specific nature as well as a broad definition of food information covering information provided also by other means than the label.

(14) In order to follow a comprehensive and evolutionary approach to the information provided to consumers relating to food they consume, there should be a broad definition of food information law covering rules of a general and specific nature as well as a broad definition of food information and education covering information provided also by means other than the label.

Amendment  3

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Community rules should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. Operations such as the occasional handling, serving and selling of food by private persons at events such as charities, or local community fairs and meetings are not covered by the scope of this regulation.

(15) Community rules should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. Operations such as the occasional delivery of food to third parties, the serving of meals and the selling of food, for example at charity events or local community fairs and meetings, and the sale of food in the various forms of direct marketing by farmers, are not covered by the scope of this regulation. In order to avoid overstretching, in particular, small and medium-sized enterprises in the traditional food production sector and the food retail trade, which also include providers of mass catering services, non- prepacked products should be excluded from the labelling requirements.

Amendment  4

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) Food information law should provide sufficient flexibility to be able to keep up to date with new information requirements from consumers and ensure a balance between the protection of the internal market and the differences in the perception of consumers in the Member States.

(16) Food information law should also be based on consumers’ information requirements and ensure that innovation in the food industry is not thwarted. The possibility for food business operators to provide voluntary additional information makes for additional flexibility.

Justification

Innovation benefits consumers. Adequate flexibility under the new legislation can only be maintained if food business operators have the option of responding to customers' new wishes by providing voluntary additional information.

Amendment  5

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) New mandatory food information requirements should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality and sustainability.

(19) New mandatory food information requirements should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality, transparency and sustainability.

Justification

In keeping with current EU objectives for a fully functioning internal market, it is crucial that any new requirements are notified to and considered in depth by all stakeholders so that they can satisfy themselves that they are justified and will not impede the free movement of goods.

Amendment  6

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The rules on food information should prohibit the use of information that would mislead the consumer or attribute medicinal properties to foods. To be effective, this prohibition should also apply to the advertising and presentation of foods.

(20) In addition to the existing rules designed to combat misleading advertising, the rules on food information should prohibit the indication of any particular that would mislead the consumer, particularly regarding the energy content, provenance or composition of the food. To be effective, this prohibition should also apply to the advertising and presentation of foods.

Justification

It should be made clear that rules designed to combat misleading advertising already exist. Advertising of products which attributes medicinal properties to them is already regulated by Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods.

Amendment  7

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) A list should be drawn up of all mandatory information which should in principle be provided for all foods intended for the final consumer and the mass caterers. That list should maintain the information that is already required under existing legislation given that it is generally considered as a valuable acquis for consumer information.

(22) A list should be drawn up of all mandatory information which should be provided for all foods intended for the final consumer and the mass caterers. That list should maintain the information that is already required under existing legislation given that it is generally considered as a valuable acquis for consumer information.

Amendment  8

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22a) New information and communication technologies can play an important role in conveying additional information to consumers, as they allow information to be exchanged rapidly and at little cost. It is possible to envisage consumers obtaining additional information via terminals placed in supermarkets. These terminals would, by reading the barcode, furnish information about the product concerned. Likewise, it is possible to envisage consumers accessing additional information via a webpage on the Internet.

Justification

New technologies have an important role to play in improving consumers' understanding of the information provided about the products they purchase.

Amendment  9

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. Consultation with stakeholders should facilitate timely and well targeted changes of food information requirements.

(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. Public consultation with all stakeholders should facilitate timely and well targeted changes of food information requirements.

Justification

Any change in mandatory labelling requirements has a significant impact on the food and drink industry. It is therefore important that the legislation makes it clear that all stakeholders must be consulted when new labelling requirements are being considered, thereby ensuring that the procedure is transparent and that all parties are able to voice their opinions.

Amendment  10

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of consumer dissatisfaction with food labels.

(25) Food labels should be clear and understandable to assist consumers wanting to make selective food and dietary choices. Studies show that easy legibility is an important element in maximising the possibility that labelled information can influence its audience and that illegible product information is one of the main causes of consumer dissatisfaction with food labels. Consequently, factors such as font, colour and contrast should be considered together.

Amendment  11

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer and spirits as defined in Article 2(1) of Regulation (EC) No […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/892, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and propose the necessary specific requirements in the context of this Regulation.

(28) Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No 497/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005 and (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/19991 provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines,

thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, fruit beer and spirits as defined in Article 2(1) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/892, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and propose the necessary specific requirements in the context of this Regulation.

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1 OJ L 179, 14.07.99, p. 1.

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1OJ L 148, 6.6.2008, p. 1.

2 OJ L [ …], […], p.[…].

2 OJ L 39, 13.2.2008, p. 16.

Justification

Aromatised wines, the main component of which is wine, and to which a limited number of natural ingredients are added, would be discriminated against in relation to beers and spirits, for which the use of artificial additives is authorised. As a result, some products might well be placed at a commercial disadvantage.

Amendment  12

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) The indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product. In other cases, the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators. In all cases, the indication of country of origin