Procedure : 2008/0028(COD)
Document stages in plenary
Document selected : A7-0177/2011

Texts tabled :

A7-0177/2011

Debates :

PV 05/07/2011 - 12
CRE 05/07/2011 - 12

Votes :

PV 06/07/2011 - 6.4
CRE 06/07/2011 - 6.4
Explanations of votes
Explanations of votes

Texts adopted :

P7_TA(2011)0324

RECOMMENDATION FOR SECOND READING     ***II
PDF 451kDOC 755k
6 June 2011
PE 460.612v04-00 A7-0177/2011

on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 and repealing Directives 87/250/EEC, 90/496/EEC, 1999/10/EC, 2000/13/EC, 2002/67/EC, 2008/5/EC and Regulation (EC) No 608/2004

(17602/1/2010 – C7-0060/2011 – 2008/0028(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Renate Sommer

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 and repealing Directives 87/250/EEC, 90/496/EEC, 1999/10/EC, 2000/13/EC, 2002/67/EC, 2008/5/EC and Regulation (EC) No 608/2004

(17602/1/2010 – C7–0060/2011– 2008/0028(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (17602/1/2010 - C7-0060/2011),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2008)0040),

–   having regard to the undertakings given by the Commission at Parliament's plenary sitting of [... 2011] to incorporate Parliament's position at second reading, and by the Council representative by letter of [... 2011] to approve that position, in accordance with Article 294(8)(a) of the Treaty on the Functioning of the European Union,

–   having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 66 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A7-0177/2011),

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

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

Amendment  1

Council position

Recital 2

Council position

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 administrative burden, and benefit citizens by requiring clear, comprehensible and legible labelling of foods.

Amendment  2

Council position

Recital 10

Council position

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 of 30 May 2007 on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues (the "Commission White Paper") noted that nutrition labelling is an important tool to inform consumers about the composition of foods and help them make an informed choice. The Commission Communication of 13 March 2007 entitled "EU consumer policy strategy 2007-2013 - Empowering consumers, enhancing welfare, effectively protecting them" underlined that allowing consumers to make an 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) The general public has an interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper of 30 May 2007 on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues (the "Commission White Paper") noted that nutrition labelling is one method of informing consumers about the composition of the foods and of helping them to make an informed choice. Education and information campaigns are an important mechanism for improving consumer understanding of food information. The Commission Communication of 13 March 2007 entitled "EU consumer policy strategy 2007-2013 - Empowering consumers, enhancing welfare, effectively protecting them" underlined that allowing consumers to make an 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.

Amendment  3

Council position

Recital 11

Council position

Amendment

(11) In order to enhance legal certainty and ensure rationality and consistency of enforcement, it is appropriate to repeal Directives 90/496/EEC and 2000/13/EC and to replace them by a single regulation which ensures certainty for both consumers and industry and reduces the administrative burden.

(11) In order to enhance legal certainty and ensure rationality and consistency of enforcement, it is appropriate to repeal Directives 90/496/EEC and 2000/13/EC and to replace them by a single regulation which ensures certainty for both consumers and stakeholders and reduces the administrative burden.

Amendment  4

Council position

Recital 15

Council position

Amendment

(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 handling, serving and selling of food by private persons at events such as charity events, or local community fairs and meetings, should not fall within 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 handling and delivery of food, 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 foods by means of various forms of direct marketing by farmers must not fall within the scope of this Regulation.

Amendment  5

Council position

Recital 18

Council position

Amendment

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

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

Amendment  6

Council position

Recital 23

Council position

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 enable certain particulars to be made available through alternative means. Consultation with stakeholders should facilitate timely and well targeted changes of food information requirements.

deleted

Amendment  7

Council position

Recital 24

Council position

Amendment

(24) When used in the production of foods and still present therein, certain ingredients or other substances or products (such as processing aids) 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 or products which may cause allergies or intolerances 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 therein, certain ingredients or other substances or products (such as processing aids) can cause allergies or intolerances in some people, and some of those allergies or intolerances 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 products which may cause allergies or intolerances should be given to enable consumers, particularly those suffering from a food allergy or intolerance, to make informed choices 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 the indication of such traces.

Amendment  8

Council position

Recital 25

Council position

Amendment

(25) Food labels should be clear and understandable in order 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 small print size is one of the main causes of consumer dissatisfaction with food labels. However, a comprehensive approach should be developed in order to take into account all aspects related to legibility.

(25) Food labels should be clear and understandable in order to assist consumers wanting to make better-informed 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. Therefore, a comprehensive approach should be developed in order to take into account all aspects related to legibility, including font, colour and contrast.

Amendment  9

Council position

Recital 27 a (new)

Council position

Amendment

 

(27a) In accordance with the resolution of the European Parliament, the opinion of the European Economic and Social Committee1, the work of the Commission, and the general public's 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.

 

1 OJ C 77, 31.3.2009, p. 81.

Justification

Amendment 21 first reading

Amendment  10

Council position

Recital 29

Council position

Amendment

(29) It is necessary to treat in the same way beverages comparable to wine, aromatised wines, aromatised wine-based drinks, aromatised wine-product cocktails and spirit drinks, and to ensure the application of the same food information law requirements to those beverages. Therefore, the exemption from the obligation to list the ingredients and to provide for a nutrition declaration should also apply to beverages containing more than 1,2 % by volume of alcohol obtained from fermentation of fruit or vegetables, mead and all types of beer

deleted

Amendment  11

Council position

Recital 30

Council position

Amendment

(30) However, the Commission should produce a report within five years of the entry into force of this Regulation on whether some categories of beverages should be exempted, in particular, from providing the information on the energy value, and stating the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies. The Commission may also propose, if necessary, specific requirements in the context of this Regulation.

(30) However, the Commission should produce a report within five years of the entry into force of this Regulation on whether any categories of alcoholic beverages should be exempted, in particular, from providing the information on the energy value, and stating the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies. The Commission should also propose, if appropriate, specific requirements in the context of this Regulation.

Amendment  12

Council position

Recital 31

Council position

Amendment

(31) 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 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 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.

(31) The indication of the country of origin or of the place of provenance of a food should be provided as a mandatory requirement under Article 25 whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product. 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 industry and improve consumers' understanding of the information related to the country of origin or place of provenance of a food. Such criteria must not apply to indications related to the name or address of the food business operator.

Justification

See Amendment 309 in Parliament’s position at first reading.

Amendment  13

Council position

Recital 34

Council position

Amendment

(34) Mandatory origin provisions have been developed on the basis of vertical approaches for instance for honey, fruits and vegetables, fish, beef and beef products and olive oil. There is a need to explore the possibility to extend mandatory origin labelling for other foodstuffs. It is therefore appropriate to request the Commission to prepare reports covering the following foodstuffs: types of meat other than beef, swine, sheep, goat and poultry meat; milk; milk used as an ingredient in dairy products; meat used as an ingredient; unprocessed foods; single ingredient products; and ingredients that represent more than 50 % of a food. Milk being one of the products for which an indication of origin is considered of particular interest, the Commission report on this product should be made available as soon as possible. Based on the conclusions of such reports, the Commission may submit proposals to modify the relevant Union provisions or may take new initiatives, where appropriate, on a sectoral basis.

(34) Mandatory origin provisions have been developed on the basis of vertical approaches for instance for honey, fruits and vegetables, fish, beef and beef products and olive oil. There is a need to explore the possibility to extend mandatory origin labelling for other foodstuffs. Accordingly, with a view to protecting consumers, the origin provisions must be mandatory for the following foodstuffs: types of meat other than beef, swine, sheep, goat and poultry meat; milk; milk used as an ingredient in dairy products; meat used as an ingredient; unprocessed foods; single ingredient products; and ingredients that represent more than 50 % of a food. Milk being one of the products for which an indication of origin is considered of particular interest, the Commission report on this product should be made available as soon as possible. Based on the conclusions of such reports, the Commission may submit proposals to modify the relevant Union provisions or may take new initiatives, where appropriate, on a sectoral basis.

Amendment  14

Council position

Recital 36

Council position

Amendment

(36) The nutrition declaration for 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.

(36) The nutrition declaration for a food concerns information on the presence of energy and certain nutrients and ingredients in foods. The mandatory provision of nutrition information on 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.

Amendment  15

Council position

Recital 36 a (new)

Council position

Amendment

 

(36a) 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, the Commission should adopt rules to standardise portion sizes throughout the Union by means of a consultation process.

Amendment  16

Council position

Recital 41

Council position

Amendment

(41) To avoid unnecessary burdens on 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 a nutrition declaration, unless the obligation to provide such information is provided for under other Union rules.

(41) 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 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 for under other Union legislation.

Amendment  17

Council position

Recital 42

Council position

Amendment

(42) 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 nutrition information provided should be simple and easily understood. To have the nutrition information partly on the ‘front of pack’ and partly the ‘back of pack’ might confuse consumers. Therefore, the nutrition declaration should be in the same field of vision. In addition, on a voluntary basis, some of the information may be repeated for example on the ‘front of pack’. A free choice as to the information that could be repeated might confuse consumers. Therefore it is necessary to clarify which information may be repeated to ensure that consumers can readily see the essential nutrition information when purchasing foods.

(42) 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 nutrition information provided should be simple and easily understood. The most important elements of the nutrition information should be placed on the ‘front of pack’, with the complete nutrition information placed on the ‘back of pack’. This will ensure that consumers can readily see the essential nutrition information when purchasing foods.

Justification

In order for consumers to easily compare similar products and to make informed decision about healthier choices, the most important information must be labelled clearly on the front of the product.

Amendment  18

Council position

Recital 50

Council position

Amendment

(50) As regards the matters specifically harmonised by this Regulation, Member States should not be able to adopt national provisions unless authorised by Union law. This Regulation should not prevent Member States from adopting national provisions concerning matters not specifically harmonised herein.

(50) As regards the matters specifically harmonised by this Regulation, Member States should not be able to adopt national provisions unless authorised by Union law. 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.

Amendment  19

Council position

Recital 55 a (new)

Council position

Amendment

 

(55a) Products of the handcrafted 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. Because, however, it is precisely non-prepacked products which are sold personally to the customer, the corresponding information should be provided, for example, through dialogue at the time of sale, by means of a clearly visible sign in the sales area or by means of information material on display.

Amendment  20

Council position

Recital 58

Council position

Amendment

(58) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of, inter alia, the availability of certain mandatory particulars by means other than on the package or on the label, the list of foods not required to bear a list of ingredients, the re-examination of the list of substances or products causing allergies or intolerances, or the list of nutrients that may be declared on a voluntary basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(58) The power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of, inter alia, the availability of certain mandatory particulars by means other than on the package or on the label, the list of foods not required to bear a list of ingredients, the re-examination of the list of substances or products causing allergies or intolerances, or the list of nutrients that may be declared on a voluntary basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment  21

Council position

Recital 59

Council position

Amendment

(59) In order to ensure uniform conditions for implementing this Regulation, the Commission should be empowered to adopt implementing rules in relation to, inter alia, the modalities of expression of one or more particulars by means of pictograms or symbols instead of words or numbers, the contrast between the print and the background, the manner of indicating the date of minimum durability, the manner of indicating the country of origin or place of provenance for meat, the precision of the declared values for the nutrition declaration, or the expression per portion or per consumption unit of the nutrition declaration. In accordance with Article 291 TFEU, rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1 continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable,

(59) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in relation to, inter alia, the modalities of expression of one or more particulars by means of pictograms or symbols instead of words or numbers, the contrast between the print and the background, the manner of indicating the date of minimum durability, the manner of indicating the country of origin or place of provenance for meat, the precision of the declared values for the nutrition declaration, or the expression per portion or per consumption unit of the nutrition declaration. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers1.

1 OJ L 184, 17.7.1999, p. 23.

1 OJ L 55, 28.2.2011, p. 13.

Amendment  22

Council position

Article 1 – paragraph 3

Council position

Amendment

3. This Regulation shall apply to food business operators at all stages of the food chain, where their activities concern the provision of food information to consumers. 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.

3. This Regulation shall apply to food business operators at all stages of the food chain, where their activities concern the provision of food information to consumers. 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

 

 

 

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.

Amendment  23

Council position

Article 1 - paragraph 3 a (new)

Council position

Amendment

 

3a. This Regulation shall only apply to food prepared in the course of a business, 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 charity events or local community fairs and meetings shall not fall within the scope of this Regulation.

Amendment  24

Council position

Article 2 - paragraph 2 - point d

Council position

Amendment

(d) ‘mass caterer’ 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, 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;

Amendment  25

Council position

Article 2 - paragraph 2 - point e

Council position

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. ‘Prepacked food’ does not cover food that is packaged freshly at the place of sale;

Amendment  26

Council position

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

Council position

Amendment

 

(ea) ‘Handcrafted food’ means any processed food the production of which is based on traditional methods and involves at least one processing stage that is carried out by hand or using hand tools and related unique techniques. In order to fall within this definition, a minimum of 50 % of employees involved in such production have to possess an appropriate qualification as defined in Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications1.

 

1 OJ L 255, 30.9.2005, p. 22.

Amendment  27

Council position

Article 2 – paragraph 2 – point k

Council position

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 that 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;

Justification

Consistency with amendment proposed by the EP at first reading (52). The wording is sufficiently clear without the second part of the sentence.

Amendment  28

Council position

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

Council position

Amendment

 

(ka)"Principal field of vision" or "front-of-pack" is the field of vision of a package which is most likely to be seen at first glance by the consumer at the time of purchase and that enables the consumer to immediately identify a product in its character or nature and, if applicable, its brand name. If a package has several identical principal fields of vision or "fronts -of-pack", all of these are to be considered as "front-of-pack";

Amendment  29

Council position

Article 2 - paragraph 2 - point k b (new)

Council position

Amendment

 

(kb) ‘legibility’ means texts inter alia written, printed, embossed, marked, engraved or stamped in such a way that a normally sighted consumer can understand. 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;

Amendment  30

Council position

Article 2 – paragraph 2 – point o

Council position

Amendment

(o) 'primary ingredient' means an ingredient or ingredients of a food that represent more than 50 % of that food or which are usually associated with the name of the food by the consumer and for which in most cases a quantitative indication is required;

deleted

Justification

See Amendments 56, 57 and 58 in Parliament’s position at first reading.

Amendment  31

Council position

Article 2 - paragraph 2 - point o a (new)

Council position

Amendment

 

(oa) ‘single-ingredient product’ means any food which, except for salt, sugar, spices, water, additives, flavourings or enzymes, contains only one ingredient;

Amendment  32

Council position

Article 2 - paragraph 2 - point p a (new)

Council position

Amendment

 

(pa) ‘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;

Amendment  33

Council position

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

Council position

Amendment

 

(qa) ‘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

Reinstating Parliament’s first reading position.

Amendment  34

Council position

Article 3 - paragraph 1 a (new)

Council position

Amendment

 

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

Amendment  35

Council position

Article 3 – paragraph 3

Council position

Amendment

3. When food information law establishes new requirements, consideration shall be given to the need for a transitional 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 transitional period to continue to be sold until exhausted.

3. When food information law establishes new requirements, a transitional period after the entry into force of the new requirements shall be granted, 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 transitional 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. This was agreed during the Parliament’s first reading.

Amendment  36

Council position

Article 4 - paragraph 1 - point b

Council position

Amendment

(b) information on the protection of consumers’ health and the safe use of a food. In particular, it shall concern information on:

(b) information on the protection of consumers’ health and the safe use of a food. In particular, it shall concern information on:

(i) compositional attributes that may be harmful to the health of certain groups of consumers;

(i) compositional attributes that may be harmful to the health of certain groups of consumers,

(ii) durability, storage and safe use;

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

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

 

Amendment  37

Council position

Article 7 - paragraph 1

Council position

Amendment

1. Food information shall not be misleading, particularly:

1. Food information shall not be misleading, particularly:

(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) 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;

(b) by attributing to the food effects or properties which it does not possess;

(b) by attributing to the food effects or properties which it does not possess;

(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;

 

(ca) by specifically emphasising the absence of certain ingredients and/or nutrients which the food in question does not contain as a matter of course;

(d) by suggesting in the description or pictorial representations the presence of a particular food or an ingredient while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient.

(d) by suggesting by the appearance, the description or pictorial representations the presence of a particular food or an ingredient while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient;

 

(da) by explicitly advertising a substantial reduction in sugar and/or fat content, without a corresponding reduction in the energy content of the food in question;

Amendment  38

Council position

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

Council position

Amendment

 

(ba) 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 shall prominently bear the marking ‘imitation’ or ‘produced with (designation of the substitute ingredient) instead of (designation of the ingredient replaced)’;

Justification

EP first reading position.

Amendment  39

Council position

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

Council position

Amendment

 

(bb) by suggesting, in the case of meat products, that a product comprises one piece of meat, although it in fact consists of combined meat pieces. In such cases, the product shall be labelled on the front of the packaging ‘formed meat - from combined meat pieces’.

Justification

Reinstating Parliament’s first reading position.

Amendment  40

Council position

Article 8 – paragraph 6

Council position

Amendment

6. Food business operators, within the businesses under their control, shall ensure that information relating to non-prepacked food intended for the final consumer or for supply to mass caterers shall be transmitted to the food business operator receiving the food in order to enable, where appropriate, the provision of mandatory food information to the final consumer.

6. Food business operators, within the businesses 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, on request, to provide the final consumer with the mandatory food information.

Justification

Amendment 88 first reading

Amendment  41

Council position

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

Council position

Amendment

 

(fa) the date of first freezing for unprocessed meat, poultry and fish;

Amendment  42

Council position

Article 9 - paragraph 2

Council position

Amendment

2. The particulars referred to in paragraph 1 shall be indicated with words and numbers. They may alternatively be expressed by means of pictograms or symbols instead of words or numbers where the Commission has adopted implementing measures under paragraph 3, and in accordance with such implementing measures.

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

Amendment  43

Council position

Article 9 a (new)

Council position

Amendment

 

Article 9a

 

Derogations for micro-enterprises

 

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

Justification

Derogations should be permitted for micro-enterprises producing handcrafted products. This was also the position of the European Parliament at first reading.

Amendment  44

Council position

Article 10 – paragraph 2

Council position

Amendment

2. In order to ensure consumer information with respect to specific types or categories of foods and to take account of technical progress, scientific developments, the protection of consumers’ health or the safe use of a food, the Commission may amend Annex III by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50, 51 and 52.

2. In order to ensure consumer information with respect to specific types or categories of foods and to take account of technical progress, scientific developments, the protection of consumers’ health or the safe use of a food, the Commission may amend Annex III by means of delegated acts, in accordance with Article 49.

 

Where imperative grounds of urgency so require, the procedure provided for in Article 52 shall apply to delegated acts adopted pursuant to this Article.

Amendment  45

Council position

Article 12 - paragraph 3

Council position

Amendment

3. In order to ensure that the consumer may benefit from other means of provision of mandatory food information better adapted for certain mandatory particulars, the Commission may provide for rules, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, on the availability of certain mandatory particulars by means other than on the package or on the label.

deleted

Amendment  46

Council position

Article 13 - paragraph 1

Council position

Amendment

1. Without prejudice to the rules adopted under Article 42(2), 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.

1. Without prejudice to the rules adopted under Article 4(2), 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, for example by parts of the food packaging itself.

Amendment  47

Council position

Article 13 - paragraphs 2-5

Council position

Amendment

2. Without prejudice to specific Union provisions applicable to particular foods as regards the requirements referred to in points (a) to (k) of Article 9(1), 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 using a font size where the x-height, as defined in Annex IV, is equal to or greater than 1,2 mm. The mandatory particulars shall be presented in such a way as to ensure a significant contrast between the print and the background.

2. Without prejudice to specific Union provisions applicable to particular foods as regards the requirements referred to in points (a) to (k) of Article 9(1), 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, in characters using a font size where the x-height, as defined in annex IV, is equal to or greater than 1,2 mm. Criteria other than font size, such as font type, contrast between the print and background, line and character pitch, should be considered.

3. In case of packaging or containers the largest surface of which has an area of less than 60 cm2, the x-height of the font size referred to in paragraph 2 shall be equal to or greater than 0,9 mm.

3. In case of packaging or containers the largest printable surface of which has an area of less than 80 cm2, the minimum x-height of the font size referred to in paragraph 2 shall be equal to or greater than 0,9 mm.

4. For the purpose of ensuring a uniform implementation of paragraph 2 of this Article, the Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules on contrast between the print and the background.

deleted

5. For the purpose of achieving the objectives of this Regulation, the Commission shall establish, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, criteria on legibility additional to those specified under paragraph 2 of this Article.

5. For the purpose of achieving the objectives of this Regulation, the Commission shall, together with stakeholders and consumer organisations concerned, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, establish binding rules for legibility.

For the same purpose as referred to in the first subparagraph, the Commission may, by means of delegated acts in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, extend the requirements under paragraph 6 of this Article to additional mandatory particulars for specific types or categories of foods.

For the same purpose as referred to in the first subparagraph, the Commission may, by means of delegated acts in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, extend the requirements under paragraph 6 of this Article to additional mandatory particulars for specific types or categories of foods.

Amendment  48

Council position

Article 13 - paragraph 6

Council position

Amendment

6.The particulars listed in points (a), (e), (f) and (k) of Article 9(1) shall appear in the same field of vision.

6.The particulars listed in points (a), (e) and (k) of Article 9(1) shall appear in the same field of vision.

Amendment  49

Council position

Article 13 - paragraph 7

Council position

Amendment

7. Paragraph 6 of this Article shall not apply in the cases specified in Article 16(1) and (2).

7. Paragraph 6 of this Article shall not apply in the cases specified in Article 16(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  50

Council position

Article 15 - paragraph 2 a (new)

Council position

Amendment

 

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

Amendment  51

Council position

Article 16 – paragraph 1

Council position

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 points (a), (c), (e), (f) and (l) of Article 9(1) 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

See Amendment 124 in Parliament’s position at first reading.

Amendment  52

Council position

Article 16 – paragraph 2

Council position

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 points (a), (c), (e) and (f) of Article 9(1) shall be mandatory on the package or on the label. The particulars referred to in point (b) of Article 9(1) shall be provided through other means or shall be made 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 points (a), (c), (e) and (f) of Article 9(1) 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 point (b) of Article 9(1) shall be provided through other means or shall be made available at the request of the consumer.

Justification

The largest printable surface is the single largest area of the package that can technically be printed on. In the case of labels the largest printable surface is the largest label available for the individual packs. Where the largest single printable surface area is 80 cm² or less and space does not permit the recommended letter height (x-height), more emphasis should be given to issues such as colour and contrast of the text, type of font selection, i.e. easy-to-read (sans serif) fonts, use of bold and italic text where appropriate, layout of text, brevity and clarity of message.

Amendment  53

Council position

Article 16 - paragraph 4 - subparagraph 1

Council position

Amendment

4. Without prejudice to other Union provisions requiring a list of ingredients or a mandatory nutrition declaration, the particulars referred to in points (b) and (l) of Article 9(1) shall not be mandatory for:

4. Without prejudice to other Union provisions requiring a list of ingredients or a mandatory nutrition declaration, the particulars referred to in points (b) and (l) of Article 9(1) shall not be mandatory for beverages containing alcohol.

(a) wines covered by Annex XIb of Regulation (EC) No 1234/2007;

 

(b)products covered by Regulation (EEC) No 1601/91;

 

(c) beverages similar to those mentioned under points (a) and (b) of this paragraph, containing more than 1,2 % by volume of alcohol obtained from fermentation of fruits or vegetables;

 

(d) mead;

 

(e)all types of beer; and

 

f) spirit drinks, as defined in Article 2(1) of Regulation (EC) No 110/2008.

 

Amendment  54

Council position

Article 16 - paragraph 4 - subparagraphs 2 and 3

Council position

Amendment

By …*, the Commission shall produce a report concerning the application of Article 18 and Article 29(1) to the products referred to in this paragraph, and addressing whether some categories of beverages should be exempted, in particular, from the requirement to provide the information on the energy value, and the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies.

The Commission shall produce a report after ...*, including a definition of "alcopops" , concerning the application of Article 18 and Article 29(1) to the products referred to in this paragraph, and addressing whether alcoholic beverages should in future be included, in particular, as regards the requirement to provide the information on the energy value, and the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies.

The Commission may accompany this report by a legislative proposal determining the rules for a list of ingredients or a mandatory nutrition declaration for those products.

The Commission shall accompany this report by a legislative proposal, if appropriate, determining the rules for a list of ingredients or a mandatory nutrition declaration for those products.

* OJ: Please insert the date: five years from the entry into force of this Regulation.

* OJ: Please insert the date: two years from the entry into force of this Regulation.

Amendment  55

Council position

Article 19 – paragraph 2

Council position

Amendment

2. In order to take into account the relevance for the consumer of a list of ingredients for specific types or categories of foods, the Commission may, in exceptional cases, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, supplement paragraph 1 of this Article, provided that omissions do not result in the final consumer or mass caterers being inadequately informed.

2. In order to take into account the relevance for the consumer of a list of ingredients for specific types or categories of foods, the Commission may, in exceptional cases, by means of delegated acts, in accordance with Article 49, supplement paragraph 1 of this Article, provided that omissions do not result in the final consumer or mass caterers being inadequately informed.

Amendment  56

Council position

Article 21 - paragraph 1

Council position

Amendment

1.Without prejudice to the rules adopted under Article 42(2), the particulars referred to in point (c) of Article 9(1) shall be indicated in the list of ingredients in accordance with the rules laid down in Article 18(1), with a clear reference to the name of the substance or product as listed in Annex II.

1.Without prejudice to the rules adopted under Article 42(2), the particulars referred to in point (c) of Article 9(1) shall be indicated as such in close proximity to the list of ingredients, as follows: "contains (name of the substance or product)" as listed in Annex II.

In the absence of a list of ingredients, the indication of the particulars referred to in point (c) of Article 9(1) shall comprise the word "contains" followed by the name of the substance or product as listed in Annex II.

 

Where several ingredients or processing aids of a food originate from a single substance or product listed in Annex II, the labelling shall make it clear for each ingredient or processing aid concerned.

 

The indication of the particulars referred to in point (c) of Article 9(1) shall not be required in cases where the name of the food clearly refers to the substance or product concerned.

 

Amendment  57

Council position

Article 21 – paragraph 2

Council position

Amendment

2. In order to ensure better information for the consumer and to take account of the most recent scientific progress and technical knowledge, the Commission shall systematically re-examine and, where necessary, update the list in Annex II by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50, 51 and 52.

2. In order to ensure better information for consumers and to take account of the most recent scientific progress and technical knowledge, the Commission shall systematically re-examine and, where necessary, update the list in Annex II by means of delegated acts, in accordance with Article 49.

 

Where imperative grounds of urgency so require, the procedure provided for in Article 52 shall apply to delegated acts adopted pursuant to this Article.

Amendment  58

Council position

Article 23 – paragraph 2

Council position

Amendment

2. In order to ensure a better understanding by the consumer of the food information on the labelling, the Commission may establish for certain specified foods, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, a manner for the expression of the net quantity other than the one laid down in paragraph 1 of this Article.

2. In order to ensure a better understanding by the consumer of the food information on the labelling, the Commission may establish for certain specified foods, by means of delegated acts, in accordance with Article 49, a manner for the expression of the net quantity other than the one laid down in paragraph 1 of this Article.

Amendment  59

Council position

Article 24 - title

Council position

Amendment

Minimum durability date and 'use by' date

Minimum durability date, use-by date and date of first freezing for unprocessed meat, poultry and fish

Amendment  60

Council position

Article 24 – paragraph 3

Council position

Amendment

3. In order to ensure a uniform application of the manner of indicating the date of minimum durability referred to in point 1(c) of Annex X, the Commission may adopt, in accordance with the regulatory procedure referred to in Article 46(2), implementing rules in this regard.

3. In order to ensure a uniform application of the manner of indicating the date of minimum durability referred to in point 1(c) of Annex X, the Commission may adopt, in accordance with the examination procedure referred to in Article 46(2), implementing acts setting out implementing rules in this regard.

Amendment  61

Council position

Article 25

Council position

Amendment

1. This Article shall apply without prejudice to labelling requirements provided for in specific Union provisions, in particular Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialties guaranteed1 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 foodstuffs2.

1. This Article shall apply without prejudice to labelling requirements provided for in specific Union provisions, in particular Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialties guaranteed1 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 foodstuffs2.

1 OJ L 93, 31.3.2006, p. 1.

1 OJ L 93, 31.3.2006, p. 1.

2 OJ L 93, 31.3.2006, p. 12.

2 OJ L 93, 31.3.2006, p. 12.

2. Indication of the country of origin or place of provenance shall be mandatory:

2. Indication of the country or place of provenance shall be mandatory:

(a) where failure to indicate this might mislead the consumer 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;

(a) where failure to indicate this might mislead the consumer as to the true country 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 or place of provenance;

(b) for meat falling within the Combined Nomenclature ('CN') codes listed in Annex XI. The application of this point shall be subject to adoption of implementing rules referred to in paragraph 6.

(b) for all meat and poultry;

 

­– for milk and dairy products;

 

– for fresh fruit and vegetables;

 

– for other single-ingredient products;

 

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

 

For meat and poultry, the country 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

 

 

 

The application of this point shall be subject to adoption of implementing rules referred to in paragraph 6.

3. Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient:

3. Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient:

(a) the country of origin or place of provenance of the primary ingredient in question shall also be given; or

(a) the country of origin or place of provenance of the primary ingredient in question shall also be given; or

(b) the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.

(b) the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.

The application of this paragraph shall be subject to adoption of the implementing rules referred to in paragraph 6.

The application of this paragraph shall be subject to adoption of the implementing rules referred to in paragraph 6.

4. Within five years from the date of application of point (b) of paragraph 2, the Commission shall submit a report to the European Parliament and the Council to evaluate the mandatory indication of the country of origin or place of provenance for products referred to in that point.

4. Within five years from the date of application of this Regulation, the Commission shall submit a report to the European Parliament and the Council on the status of implementation of provisions concerning the mandatory indication of the country or place of provenance for products referred to in point (b) of paragraph 2.

5. By …*, the Commission shall submit reports to the European Parliament and the Council regarding the mandatory indication of the country of origin or place of provenance for:

The Commission may accompany that report with proposals to modify the relevant Union provisions.

(a) types of meat other than beef and those referred to in point (b) of paragraph 2;

 

(b) milk;

 

(c) milk used as an ingredient in dairy products;

 

(d) meat used as an ingredient;

 

(e) unprocessed foods;

 

(f) single ingredient products;

 

(g) ingredients that represent more than 50 % of a food.

 

Those reports shall take into account the need for the consumer to be informed, the feasibility of providing the mandatory indication referred to in the first subparagraph and an analysis of the costs and benefits of the introduction of such measures, including the legal impact on the internal market and the impact on international trade.

 

The Commission may accompany those reports with proposals to modify the relevant Union provisions.

 

* OJ: Please insert the date: three years from the entry into force of this Regulation.

 

 

5a. The name or address of the food business operator placed on the label does not constitute an indication of the country or place of provenance of the food product concerned.

6. By …*, the Commission shall adopt, in accordance with the regulatory procedure referred to in Article 46(2), implementing rules concerning the application of point (b) of paragraph 2 of this Article and the application of paragraph 3 of this Article.

6. By …*, the Commission shall adopt, by means of delegated acts, in accordance with Article 49, implementing rules concerning the application of paragraphs 2 and 3 of this Article.

* OJ: Please insert the date: two years from the entry into force of this Regulation.

Where imperative grounds of urgency so require, the procedure provided for in Article 52 shall apply to delegated acts adopted pursuant to this Article.

 

* OJ: Please insert the date: two years from the entry into force of this Regulation.

Justification

See Amendments 101 and 328 in Parliament’s position at first reading.

Amendment  62

Council position

Article 26 - paragraph 1

Council position

Amendment

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

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

Amendment  63

Council position

Article 26 – paragraph 2

Council position

Amendment

2. The Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules concerning the implementation of paragraph 1 of this Article for certain foods.

2. The Commission may, in accordance with the examination procedure referred to in Article 46(2), adopt implementing acts setting out detailed rules concerning the implementation of paragraph 1 of this Article for certain foods.

Amendment  64

Council position

Article 29 – paragraph 1 – subparagraph 1 – point b

Council position

Amendment

(b) the amounts of fat, saturates, carbohydrate, sugars, protein and salt.

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

Justification

These nutrients and energy are the most important for consumers and therefore need to be placed on the front of pack.

Amendment  65

Council position

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

Council position

Amendment

 

(ba) the amounts of protein, carbohydrates, and trans fats.

Justification

These nutrients are important for consumers and therefore need to be mandatory on the back of pack.

Amendment  66

Council position

Article 29 - paragraph 2

Council position

Amendment

2. The content of the mandatory nutrition declaration referred to in paragraph 1 may be supplemented with an indication of the amounts of one or more of the following:

2. The content of the mandatory nutrition declaration referred to in paragraph 1 may be supplemented with an indication of the amounts of one or more of the following, as defined in Annex I:

(a) trans fats;

deleted

(b) mono-unsaturates;

(b)       mono-unsaturates;

(c) polyunsaturates;

(c)       polyunsaturates;

(d) polyols;

(d)       polyols;

(e) starch;

(e)       starch;

(f) fibre;

(f)        fibre;

 

(fa) cholesterol

 

(fa) sodium;

 

(fb) novel sugars

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

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

Amendment  67

Council position

Article 30 – paragraph 2

Council position

Amendment

2. The Commission may adopt, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, conversion factors for the vitamins and minerals referred to in point 1 of Part A of Annex XIII, in order to calculate more precisely the content of such vitamins and minerals in foods. Those conversion factors shall be added to Annex XIV.

2. The Commission may adopt, by means of delegated acts, in accordance with Article 49, conversion factors for the vitamins and minerals referred to in point 1 of Part A of Annex XIII, in order to calculate more precisely the content of such vitamins and minerals in foods. Those conversion factors shall be added to Annex XIV.

Amendment  68

Council position

Article 30 - paragraph 3

Council position

Amendment

3. The energy value and the amounts of nutrients referred to in Article 29(1) to (5) shall be those of the food as sold.

3. The energy value and the amounts of nutrients referred to in Article 29(1) and (2) shall be those of the food as sold.

Where appropriate, the information may relate to the food after preparation, provided that sufficiently detailed preparation instructions are given and the information relates to the food as prepared for consumption.

Where appropriate, the information may relate to the food after preparation, provided that sufficiently detailed preparation instructions are given and the information relates to the food as prepared for consumption.

Amendment  69

Council position

Article 30 – paragraph 4 – subparagraph 2

Council position

Amendment

The Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules for the uniform implementation of this paragraph 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.

The Commission may, in accordance with the examination procedure referred to in Article 46(2), adopt implementing acts setting out detailed rules for the uniform implementation of this paragraph 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.

Amendment  70

Council position

Article 31 - paragraph 1

Council position

Amendment

1.The energy value and the amount of nutrients referred to in Article 29(1) to (5) shall be expressed using the measurement units listed in Annex XV.

1. The energy value and the amount of nutrients referred to in Article 29(1) and (2) shall be expressed using the measurement units listed in Annex XV.

Amendment  71

Council position

Article 31 – paragraph 2

Council position

Amendment

2. The energy value and the amount of nutrients referred to in Article 29(1) to (5) shall be expressed per 100 g or per 100 ml.

2. The ‘back of pack mandatory nutrition declaration’ shall include the amount of energy in kcal and all the mandatory nutrients referred to in Article 29(1) and, where appropriate, the voluntary nutrients referred to in Article 29(2).

 

It shall be expressed, where appropriate, in the order of presentation provided for in Annex XV, both per 100 g/ml and per portion.

 

It shall be presented in tabular form, with the numbers aligned.

Justification

First reading - Amendment 313

Amendment  72

Council position

Article 31 - paragraph 4

Council position

Amendment

4. In addition to the form of expression referred to in paragraph 2 of this Article, the energy value and the amounts of nutrients referred to in Article 29(1), (3), (4) and (5) may be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XIII in relation to per 100 g or per 100 ml.

4. In addition to the form of expression referred to in paragraph 2 of this Article, the energy value and the amounts of nutrients referred to in Article 29(1) and (2) may be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XIII in relation to per 100 g or per 100 ml.

Amendment  73

Council position

Article 31 - paragraph 4 a (new)

Council position

Amendment

 

4a. If indications pursuant to paragraph 4 are provided, the following additional information shall be indicated in close proximity: "Reference intake of a middle-aged woman. Your daily requirement may differ."

Amendment  74

Council position

Article 32 - paragraph 1

Council position

Amendment

1. In the following cases, the energy value and the amounts of nutrients referred to in Article 29(1) to (5) may be expressed per portion and/or per consumption unit, easily recognisable by the consumer, provided that the portion or the unit used is quantified on the label and that the number of portions or units contained in the package is stated:

1. In the following cases, the energy value and the amounts of nutrients referred to in Article 29(1) and (2) may be expressed per portion and/or per consumption unit, easily recognisable by the consumer, provided that the portion or the unit used is quantified on the label and that the number of portions or units contained in the package is stated:

(a) in addition to the form of expression per 100 g or per 100 ml referred to in Article 31(2);

(a) in addition to the form of expression per 100 g or per 100 ml referred to in Article 31(2);

(b) in addition to the form of expression per 100 g or per 100 ml referred to in Article 31(3) regarding the amounts of vitamins and minerals;

(b) in addition to the form of expression per 100 g or per 100 ml referred to in Article 31(3) regarding the amounts of vitamins and minerals;

(c) in addition to or instead of the form of expression per 100 g or per 100 ml referred to in Article 31(4).

(c) in addition to the form of expression per 100 g or per 100 ml referred to in Article 31(4).

Amendment  75

Council position

Article 32 - paragraph 2

Council position

Amendment

2. By way of derogation from Article 31(2), in the cases referred to in Article 29(3), (4) and (5) the energy value and the amount of nutrients and/or the percentage of the reference intakes set out in Part B of Annex XIII may be expressed on the basis of per portion or per consumption unit alone.

deleted

Amendment  76

Council position

Article 32 – paragraph 4

Council position

Amendment

4. In order to ensure the uniform implementation of the expression of the nutrition declaration per portion or per unit of consumption and to provide for a uniform basis of comparison for the consumer, the Commission may, taking into account actual consumption behaviour of consumers as well as dietary recommendations, adopt rules on the expression per portion or per consumption unit for specific categories of foods, in accordance with the regulatory procedure referred to in Article 46(2).

4. In order to ensure the uniform implementation of the expression of the nutrition declaration per portion or per unit of consumption and to provide for a uniform basis of comparison for the consumer, the Commission shall, taking into account actual consumption behaviour of consumers as well as dietary recommendations, adopt, by means of implementing acts, rules on the expression per portion or per consumption unit for specific categories of foods, in accordance with the examination procedure referred to in Article 46(2).

Amendment  77

Council position

Article 33 – paragraph 2

Council position

Amendment

2. The particulars referred to in Article 29(1) and (2) shall be presented, if space permits, in tabular format with the numbers aligned. Where space does not permit, the declaration shall appear in linear format.

2. The particulars referred to in Article 29(1) and (2) shall be presented on the back of pack in tabular format, if space permits, with the numbers aligned. Where space does not permit, the declaration shall appear in linear format and, where appropriate, in the order of presentation provided for in Annex XV.

Amendment  78

Council position

Article 33 - paragraph 2b (new)

Council position

Amendment

 

2b. Paragraph 2a of this Article shall not apply to gift packaging.

Amendment  79

Council position

Article 33 - paragraph 3

Council position

Amendment

3. The particulars referred to in Article 29(3) may be presented together:

3. Where the labelling of a prepacked food provides the mandatory nutrition declaration referred to in Article 29(1), the information on energy may be repeated on the bottom right-hand corner of the front of pack per 100 g/ml in a font size of 3 mm and surrounded by a border. In addition, that information may be presented in the same way per portion.

 

The amounts of fat, saturates, sugars, salt expressed per 100 g/ml or per portion may be repeated together:

(a) in a field of vision different from the one referred to in paragraph 1 of this Article; and

(a) in a field of vision different from the one referred to in paragraph 1 of this Article; and

(b) in a format different from that specified in paragraph 2 of this Article.

(b) in a format different from that specified in paragraph 2 of this Article.

Amendment  80

Council position

Article 33 – paragraph 5 – subparagraph 2

Council position

Amendment

In order to ensure the uniform implementation of this paragraph, the Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt rules regarding the energy value and amounts of nutrients referred to in Article 29(1) to (5) which can be regarded as negligible.

In order to ensure the uniform implementation of this paragraph, the Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 46(2), adopt rules regarding the energy value and amounts of nutrients referred to in Article 29(1) and (2) which can be regarded as negligible.

Amendment  81

Council position

Article 34 - paragraph 1

Council position

Amendment

1. In addition to the forms of expression referred to in Article 31(2) and (4) and Article 32 and to the presentation referred to in Article 33(2), the energy value and the amount of nutrients referred to in Article 29(1) to (5) may be given by other forms of expression and/or presented using graphical forms or symbols in addition to words or numbers provided that the following requirements are met:

1. In addition to the forms of expression referred to in Article 31(2) and (4) and Article 32 and to the presentation referred to in Article 33(2), the energy value and the amount of nutrients referred to in Article 29(1) and (2) may be given by other forms of expression and/or presented using graphical forms or symbols in addition to words or numbers provided that the following requirements are met:

(a) they do not mislead the consumer as referred to in Article 7;

(a) they are based on sound, independent consumer research and do not mislead the consumer as referred to in Article 7;

 

(aa) their development is the result of extensive consultation with all stakeholder groups;

(b) they aim to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet;

(b) they aim to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet;

(c) they are supported by evidence of understanding of such forms of expression or presentation by the average consumer; and

(c) they are supported by independent evidence of understanding of such forms of expression or presentation by consumers; and

(d) in the case of other forms of expression, they are based, either on harmonised reference intakes, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients.

(d) in the case of other forms of expression, they are based, either on the harmonised reference intakes in Part B of Annex XIII, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients.

 

(da) they are objective and non-discriminatory;

 

(db) their application would not create obstacles to the free movement of goods.

Amendment  82

Council position

Article 34 – paragraph 2 a (new)

Council position

Amendment

 

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

Justification

Foods listed in Annex V are exempted from the mandatory nutrition declaration requirement as they contain insignificant amounts of nutrients. However, according to article 7 of Regulation (EC) n°1924/2006, any food, even if listed in Annex V, will be subject to the mandatory nutrition declaration when making a nutrition/health claim. Listing the declaration or parts of the declaration in the principal field of vision is not feasible on small packs. When making a nutrition/health claim, food listed in Annex V should therefore be exempted from this obligation.

Amendment  83

Council position

Article 34 – paragraph 3 – subparagraph 2

Council position

Amendment

To facilitate the monitoring of the use of such additional forms of expression or presentation, Member States may require food business operators placing on the market in their territory foods bearing such information to notify the competent authority of the use of an additional form of expression or presentation and to provide them with the relevant justifications regarding the fulfilment of the requirements laid down in points (a) to (d) of paragraph 1. In such cases, information on the discontinuation of the use of such additional forms of expression or presentation may also be required.

To facilitate the monitoring of the use and impact of such additional forms of expression or presentation, Member States shall require food business operators placing on the market in their territory foods bearing such information to notify the competent authority of the use of an additional form of expression or presentation and to provide them with the relevant justifications regarding the fulfilment of the requirements laid down in points (a) to (d) of paragraph 1. In such cases, information on the discontinuation of the use of such additional forms of expression or presentation shall also be required.

Amendment  84

Council position

Article 34 – paragraph 5

Council position

Amendment

5. By …*, in the light of the experience gained, the Commission shall submit a report to the European Parliament and the Council on the use of additional forms of expression and presentation, on their effect on the internal market and on the advisability of further harmonisation of those forms of expression and presentation. For this purpose, Member States shall provide the Commission with relevant information concerning the use of such additional forms of expression or presentation on the market in their territory. The Commission may accompany this report with proposals to modify the relevant Union provisions.

5. By …*, in the light of the experience gained, the Commission shall submit a report to the European Parliament and the Council on the use of additional forms of expression and presentation, on their effect on the internal market and on the advisability of further harmonisation of those forms of expression and presentation. For this purpose, Member States shall provide the Commission with relevant information concerning the use of such additional forms of expression or presentation on the market in their territory. The Commission may accompany this report with proposals to modify the relevant Union provisions.

* OJ: Please insert the date: eight years from the entry into force of this Regulation.

* OJ: Please insert the date: three years from the date of application of this Regulation.

Amendment  85

Council position

Article 34 – paragraph 6

Council position

Amendment

6. In order to ensure the uniform application of this Article, the Commission shall, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules concerning the implementation of paragraphs 1, 3 and 4 of this Article.

6. In order to ensure the uniform application of this Article, the Commission shall, in accordance with the examination procedure referred to in Article 46(2), adopt implementing acts setting out detailed rules concerning the implementation of paragraphs 1, 3 and 4 of this Article.

Amendment  86

Council position

Article 35 – paragraph 2 a (new)

Council position

Amendment

 

2a. The term ‘vegetarian’ shall 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’ shall 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

EP first reading position.

Amendment  87

Council position

Article 35 – paragraph 2 a (new)

Council position

Amendment

 

2a. Additional voluntary nutrition information for specific target groups, for example children, shall continue to be permitted provided that the specific reference values used are scientifically proven, do not mislead the consumer and are in accordance with the general conditions laid down in this Regulation.

Justification

It is more useful to provide the nutrition information using reference values relevant to children, in products aimed at children or attractive to them.

Amendment   88

Council position

Article 37 - paragraph 1

Council position

Amendment

1. As regards the matters specifically harmonised by this Regulation, Member States may not adopt nor maintain national measures unless authorised by Union law. Those national measures shall not give rise to obstacles to free movement of goods.

1. As regards the matters specifically harmonised by this Regulation, Member States may not adopt nor maintain national measures unless authorised by Union law. Those national measures shall not give rise to obstacles to free movement of goods or to discrimination as regards food products from other Member States.

Amendment  89

Council position

Article 38 - paragraph 2

Council position

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 that information.

deleted

Amendment  90

Council position

Article 43 – paragraph 2

Council position

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 line with the provisions established in Directive 98/34/EC.

Justification

As was agreed in Parliament’s first reading, a key justification for the proposed new Regulation is to enhance the Single Market and facilitate the free movement of goods. It is recognised that national labelling laws can fragment the Single Market and they should therefore only be adopted after a transparent scrutiny process, i.e. the same as applies for other national legislative proposals in the internal market.

Amendment  91

Council position

Article 43 – paragraph 4

Council position

Amendment

4. If the Commission’s opinion is negative, and before the expiry of the period referred to in paragraph 3 of this Article, the Commission shall initiate the regulatory procedure provided for in Article 46(2) in order to determine whether the envisaged measures may be implemented subject, if necessary, to the appropriate modifications.

4. If the Commission’s opinion is negative, and before the expiry of the period referred to in paragraph 3 of this Article, the Commission shall initiate the examination procedure provided for in Article 46(2) in order to determine whether the envisaged measures may be implemented subject, if necessary, to the appropriate modifications.

Amendment  92

Council position

Article 44 – paragraph 1

Council position

Amendment

In order to take into account technical progress, scientific developments, consumers’ health, or consumers’ need for information, and subject to the provisions of Article 10(2) and Article 21(2) relating to the amendments to Annexes II and III, the Commission may, by means of delegated acts in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, amend the Annexes to this Regulation.

In order to take into account technical progress, scientific developments, consumers’ health, or consumers’ need for information, and subject to the provisions of Article 10(2) and Article 21(2) relating to the amendments to Annexes II and III, the Commission may, by means of delegated acts in accordance with Article 49, amend the Annexes to this Regulation.

Amendment  93

Council position

Article 45 – paragraph 1 – introductory part

Council position

Amendment

1. Without prejudice to paragraph 2 of this Article, in exercising the powers conferred by this Regulation to adopt measures in accordance with the regulatory procedure referred to in Article 46(2) or by means of delegated acts in accordance with Articles 49 to 52 the Commission shall:

1. Without prejudice to paragraph 2 of this Article, in exercising the powers conferred by this Regulation to adopt measures by means of implementing acts in accordance with the examination procedure referred to in Article 46(2) or by means of delegated acts in accordance with Article 49 the Commission shall:

Amendment  94

Council position

Article 46 – paragraph 1

Council position

Amendment

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health.

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58(1) of Regulation (EC) No 178/2002. That Committee is a committee within the meaning of Regulation (EU) No 182/2011.

Amendment  95

Council position

Article 46 – paragraph 2 – subparagraph 1

Council position

Amendment

Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Amendment  96

Council position

Article 46 – paragraph 2 – subparagraph 2

Council position

Amendment

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

deleted

Amendment  97

Council position

Article 49 – paragraph 1

Council position

Amendment

1. The power to adopt the delegated acts referred to in Articles 10(2), 12(3), 13(5), 19(2), 21(2), 23(2), 29(6), 30(2), 35(4) and Article 44 shall be conferred on the Commission for a period of five years following ...51 . The Commission shall draw up a report in respect of the delegated power not later than six months before the end of the five-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 50.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

1a. The delegation of power referred to in Articles 10(2), 12(3), 13(5), 19(2), 21(2), 23(2), 29(6), 30(2), 35(4), and Article 44 for a period of five years following ...*. The Commission shall draw up a report in respect of the delegated power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than there months before the end of each period.

 

1b. The delegation of power referred to in Article 10(2), 12(3), 13(5), 19(2), 21(2), 23(2), 29(6), 30(2), 35(4), and Article 44 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following that of its publication in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  98

Council position

Article 49 – paragraph 3

Council position

Amendment

3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 50 and 51.

3. A delegated act adopted pursuant to Articles 10(2), 12(3), 13(5), 19(2), 21(2), 23(2), 29(6), 30(2), 35(4), and Article 44 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment  99

Council position

Article 49 – paragraph 4

Council position

Amendment

4. Where, in the case of the emergence of a new serious risk to human health, imperative grounds of urgency so require, the procedure provided for in Article 52 shall apply to delegated acts adopted pursuant to Articles 10(2) and 21(2).

deleted

Amendment  100

Council position

Article 50

Council position

Amendment

Revocation of the delegation

deleted

1. The power to adopt the delegated acts referred to in Articles 10(2), 12(3), 13(5), 19(2), 21(2), 23(2), 29(6), 30(2), 35(4) and Article 44 may be revoked at any time by the European Parliament or the Council.

 

2. The institution which has commenced an internal procedure for deciding whether to revoke the delegations of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

 

3. The decision of revocation shall put to an end the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

 

Amendment  101

Council position

Article 51

Council position

Amendment

Objections to delegated acts

deleted

1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended by two months.

 

2.If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein

 

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

 

3. If either the European Parliament or the Council objects to a delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

 

Amendment  102

Council position

Article 52 – paragraph 1

Council position

Amendment

1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 3.

1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

Amendment  103

Council position

Article 52 – paragraph 2

Council position

Amendment

2. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 49(3). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Amendment  104

Council position

Annex I – point 1

Council position

Amendment

1. ‘nutrition declaration’ or ‘nutrition labelling’ means information consisting of:

1.’nutrition declaration’ or ‘nutrition labelling' means information stating:

(a) energy value; or

(a) energy value; or

(b) energy value and one or more of the following nutrients and their specifically mentioned components:

(b) energy value and one or more of the following nutrients and their components:

– fat (saturates, trans fats, mono-unsaturates, polyunsaturates);

– fat (saturates, trans fats, mono-unsaturates, polyunsaturates);

– carbohydrate (sugars, polyols, starch);

– carbohydrate (sugars, polyols, starch);

– salt;

– salt;

– fibre;

– fibre;

– protein;

– protein;

– any of the vitamins or minerals listed in point 1 of Part A of Annex XIII, and present in significant amounts as defined in point 2 of Part A of Annex XIII;

– any of the vitamins or minerals listed in point 1 of Part A of Annex XIII, and present in significant amounts as defined in point 2 of Part A of Annex XIII;

Amendment  105

Council position

Annex III – table – point -1 (new)

Council position

Amendment

 

-1. FOOD CONTAINING GLUTAMATIC ACIDS OR ITS SALTS

 

-1.1 Food containing one or more of the food additives E620, E621, E622, E623, E624 and E625

‘contains flavour enhancer’

Justification

Parts of amendment 275 first reading

Amendment  106

Council position

Annex III – table –point 1 a (new)

Council position

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’

Amendment  107

Council position

Annex III – table - point 2.3 – right-hand column

Council position

Amendment

‘contains a source of phenylalanine’.

‘contains aspartame (a source of phenylalanine; might be unsuitable for pregnant women)’.

Amendment  108

Council position

Annex III - Table - point 3 a (new)

Council position

Amendment

 

3a. MEAT CONSISTING OF COMBINED MEAT PARTS

 

3a.1 Meat consisting of combined meat parts, which may give the impression it is made of a whole piece.

'formed meat' this statement shall accompany the name of the food.

Amendment 109

Council position

Annex III - Table - point 4.1 - right-hand column

Council position

Amendment

'High caffeine content. Not recommended for children or pregnant women' in the same field of vision as the name of the beverage, followed by a reference in brackets and in accordance with Article 13(1) of this Regulation to the caffeine content expressed in mg per 100 ml.

'High caffeine content. Not recommended for children or pregnant or breast-feeding women' and 'Do not mix with alcohol' in the same field of vision as the name of the beverage, followed by a reference in brackets and in accordance with Article 13(1) of this Regulation to the caffeine content expressed in mg per 100 ml.

Amendment  110

Council position

Annex III – table – point 4.2

Council position

Amendment

4.2 Foods other than those mentioned under point 4.1, where caffeine is added with a nutritional or physiological purpose.

Added caffeine. Not recommended for children or pregnant women’ in the same field of vision as the name of the product, followed by a reference in brackets and in accordance with Article 13(1) of this Regulation to the caffeine content expressed in mg per 100 g/ml. In the case of food supplements, the caffeine content shall be expressed per portion as recommended for daily consumption on the labelling.

4.2 Foods other than beverages, where caffeine is added with a physiological purpose.

Contains caffeine. Not recommended for children or pregnant women’ in the same field of vision as the name of the product, followed by a reference in brackets and in accordance with Article 13(1) of this Regulation to the caffeine content expressed in mg per 100 g/ml. In the case of food supplements, the caffeine content shall be expressed per portion as recommended for daily consumption on the labelling.

Justification

The word ‘contains’ would technically be better in order to prevent legislative loopholes, e.g. guarana is an additive which has a natural high caffeine content and would not have o be labelled if the word ‘added’ is used. Also beverages containing lower levels of caffeine than 150 mg/l added as a flavour should not be covered by the labelling provisions under 4.2.

Amendment              111

Council position

Annex V - point 2

Council position

Amendment

2. Processed products which the only processing they have been subjected to is maturing and that comprise a single ingredient or category of ingredients;

2. 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;

Amendment  112

Council position

Annex V - point 4

Council position

Amendment

4. A herb, a spice or mixtures thereof;

4. Herbs, spices, seasonings and mixtures thereof;

Amendment  113

Council position

Annex V - point 18 a (new)

Council position

Amendment

 

18a. non-prepacked food, including mass catering products, intended for immediate consumption;

Amendment  114

Council position

Annex V – point 19 a (new)

Council position

Amendment

 

19a. handcrafted products;

Amendment  115

Council position

Annex V – point 19 b (new)

Council position

Amendment

 

19b. Indelibly marked glass bottles

Justification

Indelibly marked bottles are glass bottles intended for reuse which carry labelling that is etched or engraved directly onto the glass. The proposal has extended mandatory elements to cover nutrition labelling for such indelibly marked bottles. Given the value (approximately 60 million Euros) and the long life (8-12 years) of current such bottle fleets in the EU, the EP first reading position (amendments 124 and 223) should be supported to exempt such bottles from the nutrition labelling requirements.

Amendment  116

Council position

Annex VI – point 1

Council position

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, 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  117

Council position

Annex VI – Part A – point 2

Council position

Amendment

2. In the case of foods that have been frozen before sale and which are sold defrosted, the name of the food shall be accompanied by the designation ‘defrosted’.

deleted

Amendment  118

Council position

Annex VI – Part A – point 4

Council position

Amendment

4. In the case of foods in which a component or ingredient that consumers expect to be normally used or naturally present has been substituted with a different component or ingredient, the labelling shall bear – in addition to the list of ingredients – a clear indication of the component or the ingredient that has been used for the partial or whole substitution.

4. In the case of foods in which a component or ingredient that consumers expect to be normally used or naturally present has been substituted with a different component or ingredient, the labelling shall bear – in addition to the list of ingredients, in a clearly visible manner, in close proximity to the brand name and in 3mm font size– one of the following indications:

 

(a) ‘[designation of the food] produced with [designation of the substitute component(s) or ingredient(s)] instead of [designation of the component(s) or ingredient(s) replaced]’; or

 

(b) ‘[designation of the food] with [designation of the component(s) or ingredient(s) replaced] substitute’ or ‘[designation of the food] with imitation [designation of the component(s) or ingredient(s) replaced]’.

Justification

The wording proposed by the Council could lead food producers to include long and elaborate descriptions of substitute ingredients in their product labelling. In the interests of better consumer protection, it is essential that labelling should be clear and comprehensible, conveying directly what the consumer needs to know in order to take informed purchasing decisions.

Amendment  119

Council position

Annex VI – Part A – point 4 a (new)

Council position

Amendment

 

4a. 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

EP first reading position.

Amendment  120

Council position

Annex VI – Part A – point 4 b (new)

Council position

Amendment

 

4b. 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

EP first reading position.

Amendment  121

Council position

Annex VI – Part A – point 4 c (new)

Council position

Amendment

 

4c. 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

EP first reading position.

Amendment  122

Council position

Annex VI - Part B - point 2

Council position

Amendment

2. In addition to the requirements laid down in Chapter IV of Section V of Annex III to Regulation (EC) No 853/2004, the following expressions shall appear on the labelling:

2. By way of derogation from the requirements laid down in Chapter IV of Section V of Annex III to Regulation (EC) No 853/2004, the following words shall appear on the labelling:

- 'percentage of fat content ≤ …%',

- percentage of fat under…’,

- 'collagen / meat protein ratio ≤ …%'.

- connective tissue / meat protein ratio under…’.

Amendment  123

Council position

Annex VI – Part B a (new)

Council position

Amendment

 

Part Ba – SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF SAUSAGE CASINGS

 

Sausage casings shall be indicated in the list of ingredients:

 

- in the event that the casing used in sausage production derives from natural ingredients as:

 

a) ‘natural casing’ if the casing is derived from the intestinal tract or bladder of farm animals;

 

b) 'collagen casing' if the casing is derived from natural collagen of animal origin;

 

- in other cases as ‘artificial casing’.

 

If a sausage casing is not edible, this must be indicated.

Amendment  124

Council position

Annex VII - Part A - Table - point 5 - left-hand column

Council position

Amendment

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

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

Amendment  125

Council position

Annex VII – Part B – table – point 1 – right-hand-column – first paragraph

Council position

Amendment

‘Oil’, together with

‘Oil’, together with either the adjective ‘animal’ (or the indication of their specific animal origin) or, as appropriate, an indication of their specific vegetable origin.

- either the adjective ‘vegetable’ or ‘animal’, as appropriate, or

In cases where certain vegetable oils cannot be guaranteed not to be present, the use of ‘May contain...’ is required.

- an indication of their specific vegetable or animal origin

 

Amendment  126

Council position

Annex VII – Part B – table – point 15 a (new)

 

 

Council position

Amendment

 

15a. Natural extracts excluding food colours 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’(followed by the individually identified ingredient)

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  127

Council position

Annex X - Title

Council position

Amendment

DATE OF MINIMUM DURABILITY AND 'USE BY' DATE

DATE OF MINIMUM DURABILITY, 'USE BY' DATE AND DATE OF FIRST FREEZING FOR UNPROCESSED MEAT, POULTRY AND FISH

Amendment  128

Council position

Annex X - paragraph 1 - point c a (new)

Council position

Amendment

 

(ca) the date of minimum durability shall be indicated on each individual prepacked portion

Amendment  129

Council position

Annex X - paragraph 2 a (new)

Council position

Amendment

 

2a The date of first freezing for unprocessed meat, poultry and fish shall be indicated as follows:

 

(a) It shall be preceded by the words 'Frozen on …';

 

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

Amendment  130

Council position

Annex XI

Council position

Amendment

 

Annex XI deleted

Justification

See amendment to Article 25 (2) b.

Amendment  131

Council position

Annex XIII – Part A – title

Council position

Amendment

REFERENCE INTAKES FOR VITAMINS AND MINERALS (ADULTS)

DAILY REFERENCE INTAKES FOR VITAMINS AND MINERALS (ADULTS)

Justification

Amendment adopted by Parliament at first reading (amendment 242)

Amendment  132

Council position

Annex XIII - Part B - Table - Row 1

Council position

Amendment

Energy

8400 kJ (2000 kcal)

Energy

2000 kcal (8400kJ)

Amendment  133

Council position

Annex XIII - Part B - Table - Row 5 a (new)

Council position

Amendment

 

Protein

80g

Amendment  134

Council position

Annex XIV

Council position

Amendment

carbohydrate (except polyols)

4 kcal/g 17 kJ/g

carbohydrate (except polyols)

4 kcal/g (17 kJ/g)

polyols

2,4 kcal/g 10 kJ/g

polyols

2,4 kcal/g (10 kJ/g)

protein

4 kcal/g 17 kJ/g

protein

4 kcal/g (17 kJ/g)

fat

9 kcal/g 37 kJ/g

fat

9 kcal/g (37 kJ/g)

salatrims

6 kcal/g 25 kJ/g

salatrims

6 kcal/g (25 kJ/g)

alcohol (ethanol)

7 kcal/g 29 kJ/g

alcohol (ethanol)

7 kcal/g (29 kJ/g)

organic acid

3 kcal/g 13 kJ/g

organic acid

3 kcal/g (13 kJ/g)

fibre

2 kcal/g 8 kj/g

fibre

2 kcal/g (8 kJ/g)

erythtritol

0 kcal/g 0 kj/g

erythtritol

0 kcal/g (0 kJ/g)

Amendment  135

Council position

Annex XV - Table - Row 1

Council position

Amendment

energy

kJ and kcal

energy

kcal (kJ)

(1)

OJ .................................


PROCEDURE

Title

Food information to consumers

References

17602/1/2010 – C7-0060/2011 – 2008/0028(COD)

Date of Parliament’s first reading – P number

16.6.2010                     T7-0222/2010

Commission proposal

COM(2008)0040 - C6-0052/2008

Receipt of Council position at first reading announced in plenary

10.3.2011

Committee responsible

       Date announced in plenary

ENVI

10.3.2011

 

 

 

Rapporteur(s)

       Date appointed

Renate Sommer

21.7.2009

Renate Sommer

21.7.2009

 

 

Rule 51 – joint committee meetings

       Date announced in plenary

       

 

Discussed in committee

16.3.2011

12.4.2011

 

 

Date adopted

19.4.2011

 

 

 

Result of final vote

+:

–:

0:

57

4

1

Members present for the final vote

János Áder, Kriton Arsenis, Sophie Auconie, Pilar Ayuso, Paolo Bartolozzi, Sergio Berlato, Martin Callanan, Nessa Childers, Chris Davies, Esther de Lange, Anne Delvaux, Bas Eickhout, Edite Estrela, Elisabetta Gardini, Gerben-Jan Gerbrandy, Julie Girling, Nick Griffin, Françoise Grossetête, Cristina Gutiérrez-Cortines, Satu Hassi, Jolanta Emilia Hibner, Dan Jørgensen, Christa Klaß, Holger Krahmer, Jo Leinen, Corinne Lepage, Peter Liese, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Paul Nuttall, Miroslav Ouzký, Vladko Todorov Panayotov, Gilles Pargneaux, Antonyia Parvanova, Andres Perello Rodriguez, Sirpa Pietikäinen, Mario Pirillo, Pavel Poc, Vittorio Prodi, Anna Rosbach, Oreste Rossi, Dagmar Roth-Behrendt, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Bogusław Sonik, Claudiu Ciprian Tănăsescu, Salvatore Tatarella, Åsa Westlund, Glenis Willmott, Sabine Wils, Marina Yannakoudakis

Substitute(s) present for the final vote

João Ferreira, Jutta Haug, Rovana Plumb, Michèle Rivasi, Renate Sommer, Bart Staes, Struan Stevenson, Eleni Theocharous, Marianne Thyssen, Giommaria Uggias

Date tabled

6.6.2011

Last updated: 23 June 2011Legal notice