REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption

9.6.2011 - (COM(2010)0490 – C7‑0278/2010 – 2010/0254(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Andres Perello Rodriguez

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption

(COM(2010)0490 – C7‑0278/2010 – 2010/0254(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0490),

–   having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0278/2010),

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

–   having regard to the opinion of the European Economic and Social Committee of 19 January 2011[1],

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

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A7-0224/2011),

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

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

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

Amendment    1 Proposal for a directive – amending act Recital 1
Text proposed by the Commission	Amendment
(1) In order to enhance the free movement of fruit juices and certain similar products within the European Union, Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption has laid down specific provisions regarding production, composition and labelling of the products concerned. Those rules should be adapted to technical progress and should take account of developments in relevant international standards, in particular the Codex Standard for fruit juices and nectars (Codex Stan 247-2005) which was adopted by the Codex Alimentarius Commission during its 28th session on 4-9 July 2005 and the Code of Practice of the European Fruit Juice Association (AIJN).	(1) In order to protect the interests of consumers and provide them with as much information as possible, to ensure that fruit juice are clearly labelled and consumers are able to distinguish between types of products and to enhance the free movement of fruit juices and certain similar products within the European Union, Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption1 has laid down specific provisions regarding production, composition and labelling of the products concerned. The concepts should be clarified and clearly differentiated and categories established in order to adapt those rules to technical progress and take account of developments in relevant international standards, in particular the Codex Standard for fruit juices and nectars (Codex Stan 247-2005) which was adopted by the Codex Alimentarius Commission during its 28th session on 4-9 July 2005 and the Code of Practice of the European Fruit Juice Association (AIJN).The criteria laid down in this Directive should apply equally to products manufactured in the Union and to imported products.
	_______________
	1 OJ L 10, of 12.1.2002, p. 58.
Justification
The rapporteur supports the legal basis proposed by the Commission (Article 43) and stresses the role played by the parliamentary committee responsible in guaranteeing aspects relating to food safety and the quality of juices and similar products, the labelling of which should be reviewed in order to clarify any aspects likely to confuse consumers.
Amendment  2 Proposal for a directive - amending act Recital 3
Text proposed by the Commission	Amendment
(3) Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs5 , and in particular Article 7(2) and (5) thereof, should apply subject to certain conditions. It should be clearly indicated when a product is a mixture of fruit juice and fruit juice from concentrate, and, for fruit nectar, when it is obtained entirely or partly from a concentrated product. The list of ingredients in the labelling should bear the names of both the fruit juices and fruit juices from concentrate used.	(3) Without prejudice to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs1, it is necessary to amend the specific provisions of Directive 2001/112/EC on the labelling of fruit juices and similar products to reflect the new rules on authorised ingredients, such as those relating to the addition of sugars no longer authorised in fruit juices. There should be a ban on the use of misleading or ambiguous descriptions such as ‘natural juice’, which suggest that juices have been produced directly from fruit, where this is not the case.
	______________
	OJ L 109 , 06.05.2000, p. 29
Amendment  3 Proposal for a directive – amending act Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) The words ‘with no added sugar’ have been used in relation to fruit juice for a very long time. Their disappearance from one day to the next may mislead consumers, prompting them to turn to other drinks that do feature such a statement. Provision should therefore be made, for a limited time, for a derogation to enable the industry to inform consumers properly.
Amendment  4 Proposal for a directive - amending act Article 1 – point 1 Directive 2001/112/EC Article 3 - paragraph 3
Text proposed by the Commission Amendment 3. For products manufactured from two or more fruits, except where lemon and lime juice are used under the conditions laid down in Part II.2 of Annex I, the product names shall be supplemented by a list of the fruits used, in descending order of the volume of the fruit juices or purées included. However, in the case of products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words “several fruits” or a similar wording, or by the number of fruits used. 3. For products manufactured from two or more fruits, except where lemon and lime juice are used under the conditions laid down in Part II.2 of Annex I, the product names shall be supplemented by a list of the fruits used, in descending order of the volume of the fruit juices or purées included. However, in the case of products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words “several fruits” or a similar wording, or by the number of fruits used. In any event, all fruits used must be indicated in the ingredients list in descending order of volume, and followed by the quantity, expressed as a percentage, in accordance with Regulation (EU) No […] of the European Parliament and of the Council on the provision of food information to consumers.   If any fruit is mentioned in the product name, the principal name of the product shall correspond to its dominant fruit.
Justification
Even if not mentioned in the product name, all fruits used must be included in the list of ingredients. The principal name of the product must correspond to the dominating fruit in order to avoid, for example, a juice containing 80% of apple juice, 10% of blueberry juice and 10% of raspberry juice being called "Blueberry and Raspberry juice".
Amendment  5 Proposal for a directive - amending act Article 1 – point 1 Directive 2001/112/EC Article 3 - paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. Pictorial representations on the package shall not mislead the consumer as to the actual composition of the juice.
Justification
This provision has been supported in the "Food information to consumers" dossier for all foods. As the biggest problems on this regard currently occur in relation to fruit juices, sectoral legislation should also allow for this provision.
Amendment  6 Proposal for a directive - amending act Article 1 – point 1 Directive 2001/112/EC Article 3 - paragraph 4
Text proposed by the Commission Amendment 4. Nectars and specific products of Annex III may be sweetened by the addition of sugars or honey. The sales name shall include the word “sweetened” or “with added sugar”, followed by an indication of the maximum quantity of sugar added, calculated as dry matter and expressed in grams per litre. 4. Nectars and specific products of Annex III may be sweetened by the addition of sugars, honey or sweeteners. In such cases, the addition shall be clearly indicated in the list of ingredients, as stipulated under current legislation, specifying the maximum quantity of sugar added, calculated as dry matter and expressed in grams per litre. In the case of honey, except natural honey, its full composition and/or its glucose content shall be listed .
Amendment  7 Proposal for a directive – amending act Article 1 – point 1 Directive 2001/112/EC Article 3 – paragraph 4 a (new)
Text proposed by the Commission Amendment   4a. In order to help consumers differentiate between juice and nectar in terms of their sugar content, the term 'without added sugar' shall be allowed for fruit juices included in Part I, point 1 of Annex I, in accordance with Regulation (EC) No 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods1. By [five years after the entry into force of this Directive], the use of this wording shall be reviewed .   _____________   1 OJ L 404, 30.12.2006, p. 9.
Amendment  8 Proposal for a directive – amending act Article 1 – point 1 Directive 2001/112/EC Article 3 – paragraph 4 b (new)
Text proposed by the Commission Amendment   4b. In the case of fruit juices reconstituted from concentrates, product names shall contain the words ‘from concentrate’ or ‘juice reconstituted from concentrate’, in characters at least half the size of those used for the name of the fruit juice.
Amendment  9 Proposal for a directive - amending act Article 1 – point 1 Directive 2001/112/EC Article 3 - paragraph 4 c (new)
Text proposed by the Commission Amendment   4c. Checks must be in place to ensure that no fruit seeds are present in the final juice product. In cases where seeds may be present in the final juice product, they shall be clearly labelled indicating the possible presence of seeds.
Justification
Some consumers may suffer allergies from seeds consumed when drinking fruit juices. Clear labelling can help protect consumers from adverse reactions.
Amendment  10 Proposal for a directive - amending act Article 1 – point 1 Directive 2001/112/EC Article 3 - paragraph 5
Text proposed by the Commission Amendment   5..The addition to fruit juice of extra pulp or cells as defined in point 7 of Annex II shall be indicated on the labelling.
Amendment  11 Proposal for a directive - amending act Article 1 – point 2 Directive 2001/112/EC Article 4
Text proposed by the Commission Amendment The labelling of concentrated fruit juice referred to in Annex I, Part I, point 2, not intended for delivery to the final consumer, shall bear a reference indicating the presence and quantity of added lemon juice, lime juice or acidifying agents permitted by Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives. This reference shall appear on the packaging, on a label attached to the packaging or on an accompanying document. The labelling of concentrated fruit juice referred to in Annex I, Part I, point 2, not intended for delivery to the final consumer, shall bear a reference indicating the presence and quantity of added lemon juice, lime juice or acidifying agents permitted by Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives. This reference shall appear on the packaging. It shall be prohibited to use misleading or ambiguous descriptions such as ‘natural juice’, which suggest that juices have been produced directly from fruit when this is not the case.
Amendment  12 Proposal for a directive – amending act Article 1 – point 2 a (new) Directive 2001/112/EC Article 5 – paragraph 1 a (new)
Text proposed by the Commission Amendment   2a. In Article 5, the following paragraph 1a is inserted:   ‘This Directive shall apply to the products manufactured in or imported into the European Union referred to in Annex I.’
Amendment  13 Proposal for a directive – amending act Article 1 - point 2 b (new) Directive 2001/112/EC Article 6 a (new)
Text proposed by the Commission Amendment   2b. The following is inserted:   Article 6a   Information campaigns   The Commission and the Member States shall carry out information campaigns, both generally and at sales points, in order to inform consumers of the different categories of juices and similar products introduced by this Directive.
Justification
In view of the current difficulties in distinguishing between, for example, 'juices' and 'nectars', it is essential to ensure that the categories defined by the Codex and adopted in this directive are clearly understood by consumers.
Amendment  14 Proposal for a directive – amending act Article 1 – point 3 Directive 2001/112/EC Article 7 – paragraph 1
Text proposed by the Commission Amendment In order to bring this Directive in line with the technical progress and to take account of developments in relevant international standards, the Commission may by means of delegated acts adapt the Annexes, except of Part I of Annex I, and of Annex II. In order to bring this Directive in line with technical progress and to take account of developments in relevant international standards, the Commission may by means of delegated acts adapt the Annexes, as required, except for Part I of Annex I, Part II, point 2 (authorised ingredients) of Annex I, and Annex II.
Justification
The rapporteur considers that in view of the existing differences in matters such as flavourings, decisions on the adding of authorised ingredients should not be taken by means of delegated acts.
Amendment  15 Proposal for a directive – amending act Article 1 – point 4 Directive 2001/112/EC Article 7 a – paragraph 1
Text proposed by the Commission Amendment 1. The powers to adopt the delegated acts referred to in this Directive shall be conferred on the Commission for an indeterminate period of time. 1. The powers to adopt delegated acts referred to in this Directive shall be conferred on the Commission for a period of five years after the deadline for transposition of this Directive. In the event of no reason arising or explicit request being made to change specific aspects of this Directive, this period shall be taken to be extended.
Justification
In the absence of substantial changes justifying a revision of the directive, the Commission may make use of the so-called 'tacit renewal' mechanism.
Amendment  16 Proposal for a directive – amending act Article 1 – point 4 Directive 2001/112/EC Article 7 a – paragraph 3 – subparagraph 1
Text proposed by the Commission Amendment 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 this period shall be extended by one month. 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 this period shall be extended by two months.
Amendment  17 Proposal for a directive – amending act Article 2 a (new)
Text proposed by the Commission	Amendment
	Article 2a
	Transitional period
	There shall be an 18-month transitional period starting from the date of transposition of the Directive, in order to clear existing stocks already on the market and provide a period in which to adapt to the new legislation.
Justification
An 18-month transitional period, added to the transposition period, will allow European industries and producers in third countries an overall period of three years in which to adapt to the new legislation.
Amendment  18 Proposal for a directive - amending act Annex Directive 2001/112/EC Annex I – part I – point 1 – point a – paragraph 2
Text proposed by the Commission Amendment Flavour, pulp, and cells obtained by suitable physical means from the same species of fruit may be restored to the juice. Flavour, pulp, and cells from the juice which are separated during processing may be restored to the same juice. This provision shall not apply to the flavour restoration of pineapples, grapes and tomatoes, considering the technological impossibility of this process.
Justification
The Commission proposes allowing the addition of flavour, pulp and cells from the same species of fruit, whereas under the current Directive only flavour from the same production process may be added to non-concentrate juice. This should be maintained so that high product quality will still be guaranteed and consumers' expectations met. Consumers expect to find a product that is as little processed and as natural as possible.
Formulation used in current Directive 2001/112/EC. In order not to mislead consumers, it is appropriate for fruit juices that only flavour, pulp and cells from the juice which are separated during processing may be restored to the same juice.
Amendment  19 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part I – point 1 – point a – subparagraph 4
Text proposed by the Commission Amendment Some juices may be processed from fruits with pips, seeds and peel, which are not usually incorporated in the juice; however parts or components of pips, seeds and peel, which cannot be removed by good manufacturing practices are accepted. Some juices may be processed from fruits with pips, seeds and peel, which are not usually incorporated in the juice; where necessary, however, parts or components of pips, seeds and peel, which cannot be removed by good manufacturing practices are accepted.
Justification
It is not a question of allowing manufacturers to do this whenever they like, but solely where necessary.
Amendment  20 Proposal for a directive - amending act Annex Directive 2001/112/EC Annex I – part I – point 1 – point b – paragraph 1
Text proposed by the Commission Amendment The product obtained by reconstituting concentrated fruit juice defined in Part I.2 with potable water that meets the criteria of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption*. The product obtained by restoring to the concentrated fruit juice water extracted from that juice during concentration, and restoring the flavour and, if appropriate, pulp and cells lost from the juice. The water added must display appropriate characteristics, particularly from the chemical, microbiological and organoleptic viewpoints, in such a way as to guarantee the essential qualities of the juice. ____________ * OJ L 330, 5.12.1998, p. 32.
Justification
The water used to restore juice from concentrate must also meet certain conditions in order to maintain the essential physical, chemical and nutritional characteristics of an average type of juice obtained from fruits of the same kind. Potable water quality alone is not always sufficient. The existing rules, under which the water must meet particular conditions, should therefore continue to apply.
Amendment  21 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part I – point 1 – point b – subparagraph 4
Text proposed by the Commission Amendment In respect of blackcurrant, guava, mango and passion fruit, the minimum Brix degree values only apply to reconstituted fruit juice and reconstituted fruit purée produced in the European Union. deleted
Amendment  22 Proposal for a directive - amending act Annex Directive 2001/112/EC Annex I – part I – point 1 – point b – paragraph 5
Text proposed by the Commission Amendment Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the juice. Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the juice. Where flavour is restored, the addition of flavour must feature on the label of the fruit juice product.
Justification
Consumers should be informed when flavour has been restored to a fruit juice concentrate product.
Amendment  23 Proposal for a directive - amending act Annex Directive 2001/112/EC Annex I – part I – point 5 – paragraph 1
Text proposed by the Commission Amendment The fermentable but unfermented product obtained by adding water and/or sugars and/or honey to the products defined in Parts I.1, I.2, I.3 and I.4, to fruit purée and/or to concentrated fruit purée and/or to a mixture of those products, that product, moreover, meeting the requirements of Annex IV. The fermentable but unfermented product obtained by adding water, with or without the addition of sugars and/or honey to the products defined in Parts I.1, I.2, I.3 and I.4, to fruit purée and/or to concentrated fruit purée and/or to a mixture of those products, that product, moreover, meeting the requirements of Annex IV.
Justification
Amendment that stands to reason: water always needs to be added in order to obtain nectar; it is the addition of sweeteners that is optional.
Amendment  24 Proposal for a directive – amending act Directive 2001/112/EC Annex I - part I - point 5 - subparagraph 2
Text proposed by the Commission Amendment Where fruit nectars are manufactured without added sugar or with low energy value, sugars may be replaced wholly or partially by sweeteners, in accordance with Regulation (EC) No 1333/2008. Where fruit nectars are manufactured without added sugar or with reduced energy value, sugars may be replaced wholly or partially by sweeteners, in accordance with Regulation (EC) No 1333/2008.
Justification
Lniguistic amendment in line with Regulation 1924/2006 on nutrition and health claims.
Amendment  25 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part II – point 2 – indent 6 a (new)
Text proposed by the Commission Amendment   – Where the product contains added carbon dioxide, the term ‘carbonated’ or ‘sparkling’ shall appear on the label near the name of the product.
Amendment  26 Proposal for a directive - amending act Annex Directive 2001/112/EC Annex I – part II – point 2 – indent 6 b (new)
Text proposed by the Commission Amendment   - Juice obtained from Citrus reticulata and/or Citrus reticulata hybrids may be added to orange juice in a proportion not exceeding 10 % of soluble Citrus reticulata solids in relation to the total amount of soluble orange juice solids. Any such addition must be mentioned in the list of ingredients, as already stipulated by the legislation in force.
Amendment  27 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex II – point 1 – subparagraph -1 (new)
Text proposed by the Commission Amendment   The fruit must be sound, appropriately mature, and fresh or preserved by physical means or by treatments, including post-harvest treatments, applied in accordance with the applicable provisions in force in the European Union.
Justification
This statement must be included in the first point so that it applies to the rest of the annex. For reasons of clarity, it should be stated that post-harvest treatments are also covered.
Amendment  28 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex II – point 2 – subparagraph 2
Text proposed by the Commission Amendment The fruit must be sound, appropriately mature, and fresh or preserved by physical means or by treatment(s) applied in accordance with the applicable provisions of the European Union. deleted
Justification
In line with the previous amendment, this subparagraph is deleted and transferred. This paragraph can be more appropriately included in the preceding point under the general definition 'fruit'.
Amendment  29 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex V – line 6 a (new)
Text proposed by the Commission Amendment   Sweetie grapefruit   Citrus x paradisi, Citrus grandis   10
Amendment  30 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex V – line 8 – column 2
Text proposed by the Commission Amendment Citrus limon (L.) Burm. f. Citrus limon (L.) Burm. f.   Citrus limonium Risso
Amendment 31 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex V – line 8 a (new)
Text proposed by the Commission Amendment   Lime   Citrus aurantifolia (Christm.)   8

• [1]  OJ C 84, 17.3.2011, p. 45.

EXPLANATORY STATEMENT

The fruit juices and certain similar products sector represents an industry of considerable size in the European Union. However, to take just one example, it is worth noting that over 82% of the orange juice consumed in Europe comes mainly from Brazil and the United States. In other words, less than 20% of the orange juice consumed in the EU is produced here.

In the case of citrus fruits, the European processing industry, unlike its major international competitors, is a complementary and subsidiary branch of the fresh produce market. Processing is often used as an outlet for fruit which is excluded from the fresh produce market due to its appearance (size, blemishes) but is perfectly acceptable as a source of high quality juice. In contrast, in the US and Brazil most of the fruit varieties used are cultivated specifically for processing. While both production models are equally valid, it should be noted that compared with the high environmental cost (transport-related CO2 emissions) of large-scale importation, the European subsidiary industry not only provides a use for any surplus produce, but also offers environmental benefits by ensuring that all fruit is collected (avoiding the destruction of produce unsuitable for direct sale or its being left unpicked in the countryside, encouraging pest proliferation) and from a social and economic perspective generates the added value of job and wealth creation.

It is therefore important to support the European sector, by bringing the Directive into line with international law and the Codex and establishing the same rules for all products marketed in Community territory. The aim, as stated in the recitals of the Directive, is to contribute towards the free circulation of these products. However, it is also important to clarify the rules on labelling, product classification, authorised ingredients and the admissibility of certain practices. The proposed revision will also benefit imported products already being marketed in the EU, since the new directive will give producers in third countries the opportunity to improve the quality of their products through more sustainable production processes. The existence of one set of rules for everyone will also serve to prevent fraud and unfair competition and help make clearer information available to consumers.

The main success of both the Directive and its proposed revision is undoubtedly their insistence on maintaining the dual denomination distinguishing pressed juices from those made from concentrate, as well as the creation of categories as defined in Annex I. Nevertheless, the first few years since the Directive came into force have also clearly shown that, in practice, consumers find it hard to distinguish clearly amongst the different categories of product covered by the Directive. Having held a series of meetings with consumer groups, the rapporteur has noted that considerable confusion exists, especially with regard to the difference between 'juice' and 'nectar'. It is particularly important to clarify this difference in view of the presence or absence of sugar in these products, which is an issue of particular concern to consumer groups with specific needs (diabetics, children, people with weight problems, etc.) For this reason, the rapporteur considers that the term 'no added sugar' should continue to be allowed for category 1 fruit juices. With regard to 'nectar', the rapporteur believes there is no need for a mandatory declaration of sugar content, other that that already required by current legislation on lists of ingredients.

It is important to back up these measures with targeted information campaigns to clear up the current misunderstandings. Consumers have the right to know exactly what type of product they are acquiring.

Another key feature of this revision is that it brings the directive more closely into line with the Codex Alimentarius. However, it appears that the Commission wishes to embrace certain aspects of the Codex, while disregarding others which are in fact included in international legislation. The rapporteur favours the application of a single set of standards to all fruit juices and related products marketed in the EU, and draws particular attention to harmless practices such as the addition of mandarin juice to orange juice, which not only intensifies the colour and flavour but in some cases responds to demand from certain categories of consumer. Mandarin juice has also been shown, in the study entitled 'Mandarin juice improves the antioxidant status of hypercholesterolemic children', to have beneficial results in reducing cholesterol levels in children.

There should therefore be no reason to deny European producers the use of processes involving the addition of mandarin while these continue to be used in the manufacture of products from Brazil and the United States.

Concerning the controversy surrounding flavour reconstitution, and considering all the technical problems involved, the rapporteur is satisfied with the Commission's proposal that it should remain optional, with the provision that the reconstituted flavour should in all cases come from the 'same species of fruit' rather than the 'same fruit'.

Although few in quantity, the changes proposed by the Commission represent a major qualitative shift for the industry and require a guaranteed transition period of up to 18 months. This, added to the transposition period, would give a total of three years real time in which to use up stock manufactured according to the old standards and bring technological practices and equipment in line with the new requirements.

Although the rapporteur agrees with most of the premises of the Commission's proposed revision, he has some reservations about that institution's role in the future, and specifically with regard to the delegated acts. It therefore seems appropriate to change paragraph 1 of Article 7a to limit the Commission's powers to adopt the delegated acts from 'an indeterminate period of time' to five years. The rapporteur has also introduced the possibility of proceeding to a tacit renewal, if after five years there are no substantial changes justifying a revision of the rules.

Regarding the role of the Commission, the rapporteur expresses doubts about the advisability of leaving the review of authorised ingredients (Annex I, 2.2) under the delegated acts procedure, when it has been one of the points which has generated most disagreement in the Council working groups to date.

Finally, in the process of drafting this report numerous problems have been detected in connection with certain types of juices produced in specific countries, as well as difficulties caused by the names used for different fruits, products and ingredients in the various Community languages. This report invites national delegations to present any corrections they consider necessary, in order to make the resulting legislation as efficient as possible.

The European Union produces high quality fruit juices which contribute to a healthy and balanced diet and are manufactured according to the sustainability standards supported by our laws. It is therefore fair that we should defend these same high standards of quality for all products being marketed in the EU. Without seeking to question any form of import policy, this report favours the consumption of local products, those which do not have to be transported over vast distances, generating CO2 emissions, which are produced under social and labour conditions which are acceptable under Community law and which are manufactured according to the food safety principles established by the EU. This is not a matter of European protectionism, but reflects the continued pursuit of sustainability in all sectors of our economy. The overall quality of a product can also be measured by its ethical quality, its ecological quality and its social quality.

OPINION of the Committee on Agriculture and Rural Development (3.5.2011)

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

on the proposal for a directive of the European Parliament and of the Council amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption
(COM(2010)0490 – C7‑0278/2010 – 2010/0254(COD))

Rapporteur: Vasilica Viorica Dăncilă

SHORT JUSTIFICATION

The Commission’s proposal seeks to amend, for the second time, Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption, which lays down rules governing the composition, use of reserved descriptions, manufacturing specifications and labelling of the products concerned, in order to ensure their free movement within the European Union.

The first amendment dates back to 2009; it sought, inter alia, to introduce minimum Brix levels (for soluble dry matter content) in order to prevent fraud through the addition of excessive quantities of water. The proposal now on the table reaffirms the distinction between fruit juice (obtained by simply pressing fruit) and fruit juice from concentrate (reconstituted by reincorporating into concentrated fruit juice the same quantity of water as that removed during the concentration process), simplifies the provisions on the restitution of flavour and aroma, provides for the removal of sugar from the list of authorised ingredients (although the addition of sugar for sweetening purposes is still authorised in the case of nectars) and includes tomatoes in the list of fruits used for fruit juice production. Through this latest amendment, the Commission is seeking to implement more of the provisions of the Codex Alimentarius and the Code of Practice of the European Fruit Juice Association (AIJN).

While it is at the industry’s request that sugar has been removed from the list of authorised ingredients, this could have an undesirable effect if labels are not allowed, at least for a limited period, to feature the words ‘with no added sugar’. Indeed, it is difficult to imagine consumers immediately being aware that the addition of sugar is now prohibited, and that the only sugar content comes from the fruit itself. There is therefore a risk that consumers may mistakenly believe sugar has been added when they see that the juice they normally consume is no longer labelled ‘with no added sugar’. This risk is heightened by the fact that shops will continue to display such products next to fruit-based drinks, which are not covered by the directive and will still be able to feature the words ‘with no added sugar’. The industry must therefore be given time to communicate the relevant information to consumers.

As regards the necessary period for implementing the directive in the Member States, the 18-month period envisaged should be extended by an additional 18 months to enable the industry to shift its stock.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a directive Recital 1
Text proposed by the Commission	Amendment
(1) In order to enhance the free movement of fruit juices and certain similar products within the European Union, Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption has laid down specific provisions regarding production, composition and labelling of the products concerned. Those rules should be adapted to technical progress and should take account of developments in relevant international standards, in particular the Codex Standard for fruit juices and nectars (Codex Stan 247-2005) which was adopted by the Codex Alimentarius Commission during its 28th session on 4-9 July 2005 and the Code of Practice of the European Fruit Juice Association (AIJN).	(1) In order to enhance the free movement of fruit juices and certain similar products within the European Union, Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption has laid down specific provisions regarding production, composition and labelling of the products concerned. Those rules should be adapted to technical progress and should take account of developments in relevant international standards, in particular the Codex Standard for fruit juices and nectars (Codex Stan 247-2005) which was adopted by the Codex Alimentarius Commission during its 28th session on 4-9 July 2005 and the Code of Practice of the European Fruit Juice Association (AIJN). The criteria laid down in this Directive should apply equally to products manufactured in the Union and to imported products.
Amendment  2 Proposal for a directive Recital 3
Text proposed by the Commission	Amendment
(3) Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, and in particular Article 7(2) and (5) thereof, should apply subject to certain conditions. It should be clearly indicated when a product is a mixture of fruit juice and fruit juice from concentrate, and, for fruit nectar, when it is obtained entirely or partly from a concentrated product. The list of ingredients in the labelling should bear the names of both the fruit juices and fruit juices from concentrate used.	(3) Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, and in particular Article 7(2) and (5) thereof, should apply subject to certain conditions. It should be clearly indicated when a product is a mixture of fruit juice and fruit juice from concentrate, and, for fruit nectar, when it is obtained entirely or partly from a concentrated product. The list of ingredients in the labelling should bear the names of both the fruit juices and fruit juices from concentrate used. There should be a ban on the use of misleading or ambiguous descriptions such as ‘natural juice’, which suggest that juices have been produced directly, where this is not the case.
Amendment  3 Proposal for a directive – amending act Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) The words ‘with no added sugar’ have been used in relation to fruit juice for a very long time. Their disappearance from one day to the next may mislead consumers, prompting them to turn to other drinks that do feature such a statement. Provision should therefore be made, for a limited time, for a derogation to enable the industry to inform consumers properly.
Amendment  4 Proposal for a directive – amending act Article 1 – point 1 Directive 2001/112/EC Article 3 – point 3
Text proposed by the Commission Amendment 3) For products manufactured from two or more fruits, except where lemon and lime juice are used under the conditions laid down in Part II.2 of Annex I, the product names shall be supplemented by a list of the fruits used, in descending order of the volume of the fruit juices or purées included. However, in the case of products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words ‘several fruits’ or a similar wording, or by the number of fruits used. 3) For products manufactured from two or more fruits, except where lemon and lime juice are used under the conditions laid down in Part II.2 of Annex I, the product names shall be supplemented by a list of the fruits used, in descending order of the weight of the fruit juices or purées included. However, in the case of products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words ‘several fruits’ or a similar wording, or by the number of fruits used.
Justification
In accordance with point 8.1.1.7. of Codex Stan 247-2005.
Amendment  5 Proposal for a directive – amending act Article 1 – point 1 Directive 2001/112/EC Article 3 – point 3 a (new)
Text proposed by the Commission Amendment   3a) The words ‘with no added sugar’ may be used in fruit juice labelling, in accordance with Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods1. From [five years after the entry into force of this Directive], the use of this wording shall be reviewed.   1 OJ L 404, 30.12.2006, p. 9.
Amendment  6 Proposal for a directive – amending act Article 1 – point 1 Directive 2001/112/EC Article 3 – point 4
Text proposed by the Commission Amendment 4) Nectars and specific products of Annex III may be sweetened by the addition of sugars or honey. The sales name shall include the word ‘sweetened’ or ‘with added sugar’, followed by an indication of the maximum quantity of sugar added, calculated as dry matter and expressed in grams per litre.’ 4) Nectars and specific products of Annex III may be sweetened by the addition of sugars or honey. The producer shall indicate on the product label the maximum quantity of sugar added, calculated as dry matter and expressed in grams per litre.
Amendment  7 Proposal for a directive – amending act Article 1 – point 1 Directive 2001/112/EC Article 3 – point 4 a (new)
Text proposed by the Commission Amendment   4a. In the case of fruit juices reconstituted from concentrates, product names shall contain the words ‘from concentrate’ or ‘juice reconstituted from concentrate’, in characters at least half the size of those used for the name of the fruit juice.
Amendment  8 Proposal for a directive – amending act Article 1 – point 2 Directive 2001/112/EC Article 4
Text proposed by the Commission Amendment The labelling of concentrated fruit juice referred to in Annex I, Part I, point 2, not intended for delivery to the final consumer, shall bear a reference indicating the presence and quantity of added lemon juice, lime juice or acidifying agents permitted by Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives*. This reference shall appear on the packaging, on a label attached to the packaging or on an accompanying document. The labelling of concentrated fruit juice referred to in Annex I, Part I, point 2, not intended for delivery to the final consumer, shall bear a reference indicating the presence and quantity of added lemon juice, lime juice or acidifying agents permitted by Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives*. This reference shall appear on the packaging, on a label attached to the packaging or on an accompanying document. It shall be prohibited to use misleading or ambiguous descriptions such as ‘natural juice’, which suggest that juices have been produced directly when this is not the case.
Amendment  9 Proposal for a directive – amending act Article 1 – point 2 a (new) Directive 2001/112/EC Article 5 – paragraph 1 a (new)
Text proposed by the Commission Amendment   2a. In Article 5, the following paragraph 1a is inserted:   ‘This Directive shall apply to the products manufactured in or imported into the European Union referred to in Annex I.’
Amendment  10 Proposal for a directive – amending act Article 1 – point 3 Directive 2001/112/EC Article 7 – paragraph 1
Text proposed by the Commission Amendment In order to bring this Directive in line with the technical progress and to take account of developments in relevant international standards, the Commission may by means of delegated acts adapt the Annexes, except of Part I of Annex I, and of Annex II. In order to bring this Directive in line with the technical progress and to take account of developments in relevant international standards, the Commission may by means of delegated acts adapt the Annexes as required, except Part I of Annex I, and Annex II.
Amendment  11 Proposal for a directive – amending act Article 1 – point 4 Directive 2001/112/EC Article 7 a – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment 1. The powers to adopt the delegated acts referred to in this Directive shall be conferred on the Commission for an indeterminate period of time. 1. The powers to adopt the delegated acts referred to in Article 10 shall be conferred on the Commission for a period of five years following the entry into force of this Directive. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period.
Amendment  12 Proposal for a directive – amending act Article 1 – point 4 Directive 2001/112/EC Article 7 a – paragraph 3 – subparagraph 1
Text proposed by the Commission Amendment 3. 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 this period shall be extended by one month. 3. 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 this period shall be extended by two months.
Amendment  13 Proposal for a directive – amending act Article 2 – paragraph 1 – subparagraph 1
Text proposed by the Commission	Amendment
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 18 months following its entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.	1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its entry into force. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment  14 Proposal for a directive – amending act Article 2 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission	Amendment
	The Member States shall apply the provisions in question from [18 months after the entry into force of this Directive].
Amendment  15 Proposal for a directive – amending act Article 2 a (new)
Text proposed by the Commission	Amendment
	Article 2 a
	Transitional measures
	Products placed on the market or labelled before the date on which the Member States bring into force the necessary provisions to comply with this Directive may continue to be marketed for a maximum period of 18 months following that date.
Justification
Provision should be made for transitional measures for products placed on the market or labelled before the Directive’s entry into force and transposition into national law.
Amendment  16 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part I – point 1 – point a – subparagraph 4
Text proposed by the Commission Amendment Some juices may be processed from fruits with pips, seeds and peel, which are not usually incorporated in the juice; however parts or components of pips, seeds and peel, which cannot be removed by good manufacturing practices are accepted. Some juices may be processed from fruits with pips, seeds and peel, which are not usually incorporated in the juice; where necessary, however, parts or components of pips, seeds and peel, which cannot be removed by good manufacturing practices are accepted.
Justification
It is not a question of allowing manufacturers to do this whenever they like, but solely where necessary.
Amendment  17 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part I – point 1 – point b – subparagraph 4
Text proposed by the Commission Amendment In respect of blackcurrant, guava, mango and passion fruit, the minimum Brix degree values only apply to reconstituted fruit juice and reconstituted fruit purée produced in the European Union. deleted
Amendment  18 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part I – point 5 – subparagraph -1
Text proposed by the Commission Amendment The fermentable but unfermented product obtained by adding water and/or sugars and/or honey to the products defined in Parts I.1, I.2, I.3 and I.4, to fruit purée and/or to concentrated fruit purée and/or to a mixture of those products, that product, moreover, meeting the requirements of Annex IV. The fermentable but unfermented product obtained by adding water, with or without the addition of sugars and/or honey, to the products defined in Parts I.1, I.2, I.3 and I.4, to fruit purée and/or to concentrated fruit purée and/or to a mixture of those products, that product, moreover, meeting the requirements of Annex IV.
Justification
Water always needs to be added in order to obtain nectar; it is the addition of sweeteners that is optional.
Amendment  19 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part II – point 2 – subparagraph 6 a (new)
Text proposed by the Commission Amendment   – Where the product contains added carbon dioxide, the term ‘carbonated’ or ‘sparkling’ shall appear on the label near the name of the product.
Amendment  20 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part II – point 2 – subparagraph 2
Text proposed by the Commission Amendment Salt, spices and aromatic herbs may be added to tomato juice and tomato juice from concentrate. Salt, spices and aromatic herbs, and natural extracts thereof, may be added to tomato or carrot juice and to tomato or carrot juice from concentrate.
Amendment  21 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex I – part II – point 2 – subparagraph 2 a (new)
Text proposed by the Commission Amendment   Where tomato or carrot juice contains spices and/ or aromatic herbs, the term ‘spiced’ and/or the common name of the aromatic herb shall appear on the label next to the name of the juice.
Amendment  22 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex II – point 1
Text proposed by the Commission Amendment 1. Fruit 1. Fruit For the purposes of the present Directive, tomato is also considered as a fruit. For the purposes of the present Directive, tomato and carrot are also considered to be fruits.
Amendment  23 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex II – point 1 – subparagraph -1 (new)
Text proposed by the Commission Amendment   The fruit must be sound, appropriately mature, and fresh or preserved by physical means or by treatments, including post-harvest treatments, applied in accordance with the applicable provisions in force in the European Union.
Justification
This statement must be included in the first point so that it applies to the rest of the annex. For reasons of clarity, it should be stated that post-harvest treatments are also covered.
Amendment  24 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex V – line 6 a (new)
Text proposed by the Commission Amendment   Sweetie grapefruit   Citrus x paradisi, Citrus grandis   10
Amendment  25 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex V – line 8 – column 2
Text proposed by the Commission Amendment Citrus limon (L.) Burm. f. Citrus limon (L.) Burm. f.   Citrus limonium Risso
Amendment   26 Proposal for a directive – amending act Annex Directive 2001/112/EC Annex V – line 8 a (new)
Text proposed by the Commission Amendment   Lime   Citrus aurantifolia (Christm.)   8

PROCEDURE

Title	Amendment of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption
References	COM(2010)0490 – C7-0278/2010 – 2010/0254(COD)
Committee(s) responsible	ENVI
Opinion by        Date announced in plenary	AGRI 23.9.2010
Rapporteur        Date appointed	Vasilica Viorica Dăncilă 29.9.2010
Discussed in committee	28.3.2011
Date adopted	2.5.2011
Result of final vote	+: –: 0:	30 1 5
Members present for the final vote	John Stuart Agnew, Luis Manuel Capoulas Santos, Vasilica Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Herbert Dorfmann, Hynek Fajmon, Iratxe García Pérez, Béla Glattfelder, Esther Herranz García, Peter Jahr, Elisabeth Jeggle, Jarosław Kalinowski, Elisabeth Köstinger, Agnès Le Brun, George Lyon, Gabriel Mato Adrover, Mariya Nedelcheva, Rareş-Lucian Niculescu, Wojciech Michał Olejniczak, Georgios Papastamkos, Marit Paulsen, Britta Reimers, Ulrike Rodust, Giancarlo Scottà, Csaba Sándor Tabajdi, Marc Tarabella, Janusz Wojciechowski
Substitute(s) present for the final vote	Salvatore Caronna, Spyros Danellis, Marian Harkin, Giovanni La Via, Astrid Lulling, Milan Zver
Substitute(s) under Rule 187(2) present for the final vote	Eider Gardiazábal Rubial

PROCEDURE

Title	Amendment of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption
References	COM(2010)0490 – C7-0278/2010 – 2010/0254(COD)
Date submitted to Parliament	21.9.2010
Committee responsible        Date announced in plenary	ENVI 23.9.2010
Committee(s) asked for opinion(s)        Date announced in plenary	AGRI 23.9.2010
Rapporteur(s)        Date appointed	Andres Perello Rodriguez 15.12.2010	Andres Perello Rodriguez 15.12.2010
Rule 51 – joint committee meetings        Date announced in plenary
Discussed in committee	18.4.2011
Date adopted	24.5.2011
Result of final vote	+: –: 0:	41 9 4
Members present for the final vote	János Áder, Elena Oana Antonescu, Kriton Arsenis, Sophie Auconie, Pilar Ayuso, Paolo Bartolozzi, Sandrine Bélier, Sergio Berlato, Milan Cabrnoch, Nessa Childers, Chris Davies, Esther de Lange, Anne Delvaux, Bas Eickhout, Edite Estrela, Jill Evans, Karl-Heinz Florenz, Elisabetta Gardini, Gerben-Jan Gerbrandy, Nick Griffin, Françoise Grossetête, Cristina Gutiérrez-Cortines, Jolanta Emilia Hibner, Dan Jørgensen, Christa Klaß, Holger Krahmer, Jo Leinen, Corinne Lepage, Peter Liese, Kartika Tamara Liotard, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Gilles Pargneaux, Andres Perello Rodriguez, Mario Pirillo, Vittorio Prodi, Anna Rosbach, Oreste Rossi, Dagmar Roth-Behrendt, Daciana Octavia Sârbu, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Theodoros Skylakakis, Bogusław Sonik, Claudiu Ciprian Tănăsescu, Salvatore Tatarella, Åsa Westlund, Sabine Wils, Marina Yannakoudakis
Substitute(s) present for the final vote	Eider Gardiazábal Rubial, Matthias Groote, Riikka Manner, Marisa Matias, Judith A. Merkies, James Nicholson, Marit Paulsen, Michail Tremopoulos, Anna Záborská
Date tabled	9.6.2011