Index 
Texts adopted
Wednesday, 16 June 2010 - Strasbourg
Joint Baltic Sea Research and Development Programme (BONUS-169) ***I
 Structures for the management of the European satellite radio navigation programmes ***I
 European Earth monitoring programme (GMES) (2011–2013) ***I
 Statute of the International Renewable Energy Agency (IRENA) ***
 Enhanced cooperation in the area of the law applicable to divorce and legal separation ***
 Adoption by Estonia of the euro on 1 January 2011 *
 Draft amending budget No 4/2010: Section III – Commission (2009 surplus)
 2008 discharge: Council
 Rights to interpretation and translation in criminal proceedings ***I
 Organisation of working time: persons performing mobile road transport activities ***I
 Food information to consumers ***I
 EU 2020
 Economic governance
 Setting up and numerical strength of the special committee on the policy challenges and budgetary resources for a sustainable European Union after 2013

Joint Baltic Sea Research and Development Programme (BONUS-169) ***I
PDF 197kWORD 32k
Resolution
Text
European Parliament legislative resolution of 16 June 2010 on the proposal for a decision of the European Parliament and of the Council on participation by the Community in a Joint Baltic Sea Research and Development Programme (BONUS-169) undertaken by several Member States (COM(2009)0610 – C7-0263/2009 – 2009/0169(COD))
P7_TA(2010)0212A7-0164/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2009)0610),

–  having regard to Article 251(2) and Articles 169 and 172(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0263/2009),

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

–  having regard to Article 294(3) and Articles 185 and 188(2) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 29 April 2010(1),

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

–  having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0164/2010),

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

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

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

Position of the European Parliament adopted at first reading on 16 June 2010 with a view to the adoption of Decision No .../2010/EU of the European Parliament and of the Council on the participation of the Union in a Joint Baltic Sea Research and Development programme (BONUS) undertaken by several Member States

P7_TC1-COD(2009)0169


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 862/2010/EU)

(1) Not yet published in the Official Journal.


Structures for the management of the European satellite radio navigation programmes ***I
PDF 197kWORD 32k
Resolution
Text
European Parliament legislative resolution of 16 June 2010 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (COM(2009)0139 – C7-0103/2009 – 2009/0047(COD))
P7_TA(2010)0213A7-0160/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2009)0139),

–  having regard to Article 251(2) and Article 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0103/2009),

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

–  having regard to Article 294(3) and Article 172 of the Treaty of the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 15 July 2009(1),

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A7-0160/2010),

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.

Position of the European Parliament adopted at first reading on 16 June 2010 with a view to the adoption of Regulation (EU) No .../2010 of the European Parliament and of the Council setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council

P7_TC1-COD(2009)0047


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 912/2010)

(1) OJ C 317, 23.12.2009, p. 103.


European Earth monitoring programme (GMES) (2011–2013) ***I
PDF 198kWORD 33k
Resolution
Text
European Parliament legislative resolution of 16 June 2010 on the proposal for a regulation of the European Parliament and of the Council on the European Earth observation programme (GMES) and its initial operations (2011–2013) (COM(2009)0223 – C7-0037/2009 – 2009/0070(COD))
P7_TA(2010)0214A7-0161/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2009)0223),

–  having regard to Article 251(2) and Article 157(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0037/2009),

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

–  having regard to Article 294(3) and Article 189 of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 January 2010(1),

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 5 May 2010 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A7-0161/2010),

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

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

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

Position of the European Parliament adopted at first reading on 16 June 2010 with a view to the adoption of Regulation (EU) No .../2010 of the European Parliament and of the Council on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)

P7_TC1-COD(2009)0070


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 911/2010)

(1) Not yet published in the Official Journal.


Statute of the International Renewable Energy Agency (IRENA) ***
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European Parliament legislative resolution of 16 June 2010 on the draft Council decision on the conclusion of the Statute of the International Renewable Energy Agency (IRENA) by the European Union (08612/2010 – C7-0109/2010 – 2009/0085(NLE))
P7_TA(2010)0215A7-0176/2010

(Consent - renewed referral)

The European Parliament,

–  having regard to the draft Council decision on the conclusion of the Statute of the International Renewable Energy Agency (IRENA) by the European Union (08612/2010),

–  having regard to the Commission proposal to the Council (COM(2009)0326),

–  having regard to its position of 20 October 2009(1),

–  having regard to the Communication from the Commission to Parliament and the Council entitled ’Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665 and COM(2010)0147),

–  having regard to Article 194(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Council requested the consent of Parliament (C7-0109/2010),

–  having regard to Rules 59(3), 81 and 90(8) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Industry, Research and Energy (A7-0176/2010),

1.  Consents to conclusion of the Statute;

2.  Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States.

(1) Texts adopted, P7_TA(2009)0030.


Enhanced cooperation in the area of the law applicable to divorce and legal separation ***
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European Parliament legislative resolution of 16 June 2010 on the draft Council decision authorising enhanced cooperation in the area of the law applicable to divorce and legal separation (09898/2/2010 – C7-0145/2010– 2010/0066(NLE))
P7_TA(2010)0216A7-0194/2010

(Consent)

The European Parliament,

–  having regard to the draft Council decision authorising enhanced cooperation in the area of the law applicable to divorce and legal separation (09898/2/2010),

–  having regard to the request for consent submitted by the Council pursuant to Article 329(1) of the Treaty on the Functioning of the European Union (C7-0145/2010),

–  having regard to Rules 74g and 81(1) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Legal Affairs (A7-0194/2010),

A.  whereas on 17 July 2006 the Commission adopted a proposal for a Council regulation amending Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters (’Rome III’) (COM(2006)0399),

B.  whereas that proposal was based on Articles 61(c) and 67(1) of the EC Treaty, which required a unanimous vote in the Council,

C.  whereas on 21 October 2008 Parliament, acting under the consultation procedure, approved the Commission proposal as amended(1),

D.  whereas, already by mid-2008, it had become clear that some Member States had specific problems which made it impossible for them to accept the proposed regulation; whereas, in particular, one Member State was unable to accept that its courts might have to apply foreign divorce law, which it regarded as more restrictive than its own divorce law, and wished to continue applying its own substantive law to any divorce sought in its courts; whereas, in contrast, a large majority of Member States considered that rules on applicable law were an essential element of the proposed regulation and that such rules would in some cases entail courts applying foreign law,

E.  whereas, at its meeting on 5 and 6 June 2008, the Council concluded that ’there was no unanimity to go ahead with the proposed regulation and that insurmountable difficulties existed, making a decision requiring unanimity impossible now and in the foreseeable future’ and that ’the objectives of the proposed regulation could not be attained within a reasonable period by applying the relevant provisions of the Treaties’,

F.  whereas, according to Article 20 of the Treaty on European Union, a minimum of nine Member States may establish enhanced cooperation between themselves within the framework of the Union's non-exclusive competences, while using its institutions and exercising those competences by applying the provisions of the Treaties, subject to the limits and in accordance with the arrangements laid down in that Article and in Articles 326 to 334 of the Treaty on the Functioning of the European Union,

G.  whereas, to date, fourteen Member States(2) have indicated their intention to establish enhanced cooperation between themselves in the area of the law applicable in matrimonial matters,

H.  whereas Parliament has verified compliance with Article 20 of the Treaty on European Union and Articles 326 to 334 of the Treaty on the Functioning of the European Union,

I.  whereas, in particular, this enhanced cooperation may be regarded as enhancing the Union's objectives, protecting its interests and reinforcing its integration process within the meaning of Article 20 of the Treaty on European Union, in the light of the Commission's extensive consultation of stakeholders as part of its impact assessment in connection with its Green Paper (COM(2005)0082), the large number of ’international’ marriages and the approximately 140 000 divorces with an international element in the Union in 2007, bearing in mind that two of the countries intending to participate in the enhanced cooperation, Germany and France, had the highest share of new ’international’ divorces in that year,

J.  whereas harmonisation of conflict-of-law rules will facilitate the mutual recognition of judgments in the area of freedom, security and justice in that it will reinforce mutual trust; whereas at present 26 different sets of conflict-of-law rules as regards divorce exist in the Member States participating in judicial cooperation in civil matters, and the establishment of enhanced cooperation in this field will reduce this number to 13, thus making for greater harmonisation of the rules of private international law and reinforcing the integration process,

K.  whereas it appears clearly from the antecedents of this initiative that the proposed decision is being put forward in the last resort and that the objectives of the cooperation could not be attained within a reasonable period; whereas at least nine Member States intend to participate in it; whereas, therefore, the requirements of Article 20 of the Treaty on European Union are satisfied,

L.  whereas the requirements of Articles 326 to 334 of the Treaty on the Functioning of the European Union are also satisfied,

M.  whereas in particular enhanced cooperation in this area complies with the Treaties and Union law since it will not affect the acquis, since the only Union rules existing in this area relate to jurisdiction, recognition and enforcement of judgments and not to the applicable law; whereas it will not cause any discrimination on grounds of nationality contrary to Article 18 of the Treaty on the Functioning of the European Union, since the proposed conflict-of-law rules will apply to all parties before the courts of the participating Member States irrespective of their nationality or residence,

N.  whereas enhanced cooperation will not undermine the internal market or social and territorial cohesion and will not constitute a barrier to or discrimination in trade between Member States or distort competition; whereas, instead, it will facilitate the proper functioning of the internal market by eliminating possible obstacles to the free movement of persons and simplify matters for individuals and practitioners in the participating Member States, without causing any discrimination to arise as between citizens,

O.  whereas enhanced cooperation will respect the rights, competences and obligations of the non-participating Member States in so far as they will maintain their existing private international law rules in this area; whereas there are no international agreements between participating and non-participating Member States which would be breached by enhanced cooperation; and whereas it will not interfere with the Hague Conventions on parental responsibility and maintenance obligations,

P.  whereas Article 328(1) of the Treaty on the Functioning of the European Union provides that enhanced cooperation is to be open at any time to all Member States that wish to participate,

Q.  whereas Article 333(2) of the Treaty on the Functioning of the European Union allows the Council (or, more precisely, those members of the Council representing the Member States participating in enhanced cooperation) to adopt a decision stipulating that it will act under the ordinary legislative procedure, rather that the special legislative procedure provided for in Article 81(3) of the Treaty on the Functioning of the European Union, under which Parliament is merely consulted,

1.  Consents to the draft Council decision;

2.  Calls on the Council to adopt a decision pursuant to Article 333(2) of the Treaty on the Functioning of the European Union stipulating that, when it comes to the proposal for a Council Regulation implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, it will act under the ordinary legislative procedure;

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

(1) OJ C 15 E, 21.1.2010, p. 128.
(2) Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia.


Adoption by Estonia of the euro on 1 January 2011 *
PDF 204kWORD 42k
European Parliament legislative resolution of 16 June 2010 on the proposal for a Council decision on the adoption by Estonia of the euro on 1 January 2011 (COM(2010)0239 – C7-0131/2010 – 2010/0135(NLE))
P7_TA(2010)0217A7-0182/2010

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2010)0239),

–  having regard to the Commission Convergence Report 2010 (COM(2010)0238) as regards Estonia and the European Central Bank Convergence Report of May 2010,

–  having regard to its resolution of 1 June 2006 on the enlargement of the euro zone(1),

–  having regard to its resolution of 25 March 2010 on the ECB Annual Report 2008(2),

–  having regard to its resolution of 25 March 2010 on Report on the 2009 Annual Statement on the Euro Area and Public Finances(3),

–  having regard to its resolution of 18 November 2008 on the EMU@10: The first 10 years of Economic and Monetary Union and future challenges(4) (resolution on the EMU@10),

–  having regard to its resolution of 20 June 2007 on improving the method for consulting Parliament in procedures relating to the enlargement of the euro area(5),

–  having regard to its resolution of 13 March 2003 on the recommendation of the European Central Bank for a proposal for a Council decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank(6),

–  having regard to Council Decision 2003/223/EC of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank(7),

–  having regard to Article 140(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0131/2010),

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

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0182/2010),

A.  whereas Article 140(1) of the Treaty on the Functioning of the European Union (TFEU) defines the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State of the following criteria: the achievement of a high degree of price stability; the sustainability of the government's financial position; the observance of the normal fluctuation margins provided for by the exchange rate mechanism; and the durability of convergence achieved by the Member State and of its participation in the exchange-rate mechanism of the European Monetary System being reflected in the long-term interest-rate levels,

B.  whereas Estonia has complied with the Maastricht criteria in accordance with Article 140(1) TFEU and the Protocol (No 13) on the convergence criteria annexed to the Treaty on European Union and to the TFEU,

C.  whereas the Rapporteur visited Estonia to assess the readiness of that country to enter the euro area,

D.  whereas the Commission has stated that EUROSTAT, in close cooperation with the Estonian statistical office has examined the quality of all relevant data transmitted by the Estonian authorities,

1.  Approves the Commission proposal;

2.  Favours the adoption of the euro by Estonia on 1 January 2011;

3.  Notes that the assessment of the Commission and the European Central Bank (ECB) has taken place against the background of the global financial, economic and social crisis which has affected the prospects for nominal convergence of many other Member States;

4.  Notes that Estonia has fulfilled the criteria, as a result of determined, credible and sustained efforts by the Estonian Government and the Estonian people;

5.  Shows concern regarding the discrepancies between the convergence reports of the Commission and the ECB as regards the sustainability of price stability;

6.  Notes that the ECB's 2010 Convergence Report identifies the maintenance of inflation convergence, once the current economic adjustment is over, as very challenging;

7.  Calls on the Estonian Government to maintain its prudent fiscal policy stance, together with its overall stability-oriented policies, in the face of future macroeconomic imbalances and price stability risks;

8.  Calls on the Member States to allow the Commission to assess compliance with the Maastricht criteria on the basis of definite, independent, current, reliable, and high-quality data;

9.  Asks the Commission to simulate the effect of the euro area rescue package on the Estonian budget when the country joins the euro area and thus becomes a member of the group guaranteeing the rescue funds;

10.  Calls on the Commission and the ECB to consider all aspects when recommending the final exchange rate for the Estonian kroon;

11.  Calls on the Estonian authorities to speed up their practical preparations to ensure a smooth changeover process; calls on the Estonian Government to ensure that the introduction of the euro is not used for hidden price increases;

12.  Calls on the Commission and the ECB to report to Parliament on steps being considered to minimise asset inflation as a consequence of low interest rates;

13.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

14.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

15.  Instructs its President to forward its position to the Council, the Commission, the European Central Bank, the Eurogroup and the governments of the Member States.

(1) OJ C 298 E, 8.12.2006, p. 249.
(2) Texts Adopted, P7_TA(2010)0090.
(3) Texts Adopted, P7_TA(2010)0072.
(4) OJ C 16 E, 22.1.2010, p. 8.
(5) OJ C 146 E, 12.6.2008, p. 251.
(6) OJ C 61 E, 10.3.2004, p. 374.
(7) OJ L 83, 1.4.2003, p. 66.


Draft amending budget No 4/2010: Section III – Commission (2009 surplus)
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European Parliament resolution of 16 June 2010 on Council's position on Draft amending budget No 4/2010 of the European Union for the financial year 2010, Section III – Commission (10930/2010 – C7-0153/2010 – 2010/2056(BUD))
P7_TA(2010)0218A7-0200/2010

The European Parliament,

–  having regard to Articles 310 and 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

–  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1) (’the Financial Regulation’), and particularly Article 15(3) and Articles 37 and 38 thereof,

–  having regard to the general budget of the European Union for the financial year 2010, as finally adopted on 17 December 2009(2),

–  having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–  having regard to Draft amending budget No 4 to the general budget 2010, which the Commission presented on 16 April 2010 (COM(2010)0169),

–  having regard to Council's position on Draft amending budget No 4/2010 established on 11 June 2010 (10930/2010 - C7-0153/2010),

–  having regard to Rules 75b and 75e of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A7-0200/2010),

A.  whereas Draft amending budget No 4/2010 aims to enter in the 2010 budget the surplus of the 2009 financial year, amounting to EUR 2 253 591 199,37,

B.  whereas the main components of this surplus are an over-registering in revenue of EUR 400 703 258, an under-spending in expenditure of EUR 1 667 346 181 and positive exchange rate differences for EUR 185 541 760,

C.  whereas for heading 1 the under-spending of payment appropriations in 2009 amounted to EUR 451 million, for heading 2 to EUR 244 million, for heading 3 to EUR 106 million, for heading 4 to EUR 603 million and for heading 5 to EUR 263 million,

D.  whereas the combined effect of the very tight budgetary margins and emerging financial needs is to put at risk existing political priorities, while significant under-spending reduces at the same time the delivery of EU policies,

E.  whereas the calculation of 2009 budgetary under-implementation should take account of both Draft amending budget No 4/2010 and Amending budget 10/2009,

1.  Takes note of Draft amending budget No 4/2010 devoted solely to the budgeting of the 2009 surplus, in accordance with Article 15 of the Financial Regulation;

2.  Stresses that the actual under-implementation of the 2009 budget is not limited to the surplus presented in Draft amending budget No 4/2010 but amounts to more than EUR 5 000 000 000, taking also into account Amending budget No 10/2009; warns therefore that the year-end Amending budgets reducing the level of payment appropriations, while diminishing accordingly the global contribution of the Member States to the financing of the EU budget, give a distorted picture of budgetary implementation;

3.  Approves Council's position on Draft amending budget No 4/2010 unamended and instructs its President to declare that Amending budget No 2/2010 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

4.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 64, 12.3.2010.
(3) OJ C 139, 14.6.2006, p. 1.


2008 discharge: Council
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European Parliament resolution of 16 June 2010 with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section II – Council(1) (C7-0174/2009 – 2009/2070(DEC))
P7_TA(2010)0219A7-0096/2010

The European Parliament,

–  having regard to the European Union general budget for the financial year 2008(2),

–  having regard to the final annual accounts of the European Communities for the financial year 2008 – Volume I (C7-0174/2009)(3),

–  having regard to the Council's annual report to the discharge authority on internal audits carried out in 2008,

–  having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies(4),

–  having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty(5),

–  having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

–  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(6), and in particular Articles 50, 86, 145, 146 and 147 thereof,

–  having regard to Decision No 190/2003 of the Secretary-General of the Council/High-Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members(7),

–  having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission, of 17 May 2006, on budgetary discipline and sound financial management(8) (IIA),

–  having regard to its resolution of 25 November 2009 with observations forming an integral part of the Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section II – Council(9),

–  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control (A7-0096/2010),

A.  whereas the Council, represented by the Spanish Presidency, has agreed to reassess the alleged Gentlemen's Agreement dating back to 1970,

B.  whereas ’citizens have the right to know how their taxes are being spent and how the power entrusted to political bodies is handled’(10),

C.  whereas the conclusions of the European Council of Cologne of 3 and 4 June 1999 envisage giving operational capacities to the Council in the field of a strengthened common European security and defence policy (CESDP),

D.  whereas Council Decision 2004/197/CFSP(11) of 23 February 2004 established a mechanism for administering the financing of the common costs of EU operations having military or defence implications, called ATHENA, and whereas that Decision, together with the Decision 2004/582/EC of the Representatives of the Governments of the Member States, meeting within the Council of 28 April 2004 concerning privileges and immunities granted to ATHENA(12), grants privileges and immunities to ATHENA and gives operational power to the Council,

E.  whereas Council Decision 2000/178/CFSP of 28 February 2000 on the rules applicable to national experts in the military field on secondment to the General Secretariat of the Council during the interim period(13) and Council Decision 2001/80/CFSP of 22 January 2001 on the establishment of the Military Staff of the European Union(14) specify that expenditure arising from the secondment of military experts is to be charged to the Council budget,

1.  Notes that in 2008 the Council had available commitment appropriations amounting to a total of EUR 743 million (2007: EUR 650 million), with a utilisation rate of 93,31 %, considerably higher than in 2007 (81,89 %), but still below the average of the other institutions (95,67 %);

2.  In view of the problems encountered in the 2007 and 2008 discharge procedures, reaffirms its position taken in its decision of 25 April 2002 on discharge in respect of the financial year 2000(15) that ’[...] the European Parliament and the Council have not, in the past, scrutinised the implementation of their respective sections of the budget; considers that in view of the increasingly operational nature of expenditure, financed under the Council's administrative budget, in the fields of foreign affairs, security and defence policy, and justice and home affairs, the scope of this arrangement should be clarified with a view to distinguishing traditional administrative expenditure from operations in these new policy areas’;

3.  Considers that in view of the increases in administrative expenditure and especially due to the possible presence of expenditure of an operational nature, the expenditure of the Council ought to be scrutinised in the same way as that of the other EU institutions as part of the discharge procedure provided for by Article 319 of the Treaty on the Functioning of the European Union;

4.  Considers that such scrutiny is based on the following written documents submitted by all institutions:

as well as an oral presentation given in the meeting of the Committee responsible for the discharge procedure;

   accounts of the preceding financial year relating to the implementation of the budget,
   a financial statement of the assets and liabilities,
   annual activity report on their budget and financial management,
   annual report of the internal auditor,

5.  Expects the future presence of all institutions, represented at appropriate level, during the plenary debate on discharge;

6.  Rejects the Council's suggestion that the fact that Parliament and the Council have not, in the past, scrutinised the implementation of their respective sections of the budget was the result of a ’Gentlemen's agreement’ (Resolution recorded in the minutes of the Council meeting of 22 April 1970); considers the Gentlemen's Agreement not to be a binding document, and the interpretation attributed to it by the Council to be exceedingly wide;

7.  Believes that the preparation of the budget and the discharge of the budget are two separate procedures and that the Gentlemen's Agreement between Parliament and the Council over the preparation of their respective sections of the budget must not absolve the Council of its responsibility to be fully accountable to the public for the funds placed at its disposal;

8.  Believes that the 2008 discharge takes place at a crucial time, when a formal agreement on the discharge process for the new European External Action Service (EEAS) must be set out clearly to ensure credibility through full transparency, and calls on Council to ensure that it submits to Parliament, before the end of the 2008 discharge procedure, concrete, detailed and all-encompassing plans for the staffing, organisational and control structures of the EEAS, including EU military staff, the Situation Centre, the GSC´s Crisis Management and Planning Directorate, the Civilian Planning and Conduct Capability, as well as all staff in the General Secretariat working on Foreign and Security Policy, showing in particular the increase and allocation of staff and the budgetary implications provided for and to immediately take part in the negotiations with the budgetary authority on the basis of the proposals submitted;

9.  Stresses that this year's granting of discharge cannot be taken into account for granting of discharge in the years to come unless the Council makes considerable progress in the areas of concern referred to in paragraph 5 of Parliament's resolution of 25 November 2009;

10.  Reiterates that Council should be present at the Parliament for the presentation of the Court of Auditors’ Annual Report and for the budget discharge debate each year;

11.  Calls on the Council together with the European Parliament, in their capacity as joint budgetary authorities, to establish, with a view to improving the exchange of information on their respective budgets, an annual procedure within the discharge procedure; under this procedure, the President of the Council, accompanied by the Secretary-General of the Council, would meet officially with the Committee on Budgetary Control or a delegation thereof made up of its chair, the coordinators and the rapporteur, with a view to providing all the information needed regarding the execution of the Council's budget; suggests also that the chair of the competent committee should regularly and in an appropriate form provide that committee with information regarding those discussions;

12.  Encourages the Spanish Presidency to review the informal arrangement covering the Council budget discharge and calls for an undertaking for this to be included in the review of the Financial Regulations and to be in place for the start of the new financing period after 2013 and calls for discussions to be concluded before 15 October 2010;

13.  Reminds the Council of its position as expressed in paragraph 12 of its resolution of 24 April 2007(16) on the discharge for the financial year 2005, as follows: ’Calls for maximum transparency in the area of Common Foreign and Security Policy (CFSP); requests the Council, in accordance with point 42 of the Interinstitutional Agreement [...], to make sure that no operating CFSP expenditure appears in the Council's budget; reserves the right to take the necessary steps, where appropriate, if the agreement is infringed’;

14.  Acknowledges the fact that the Council has provided for various formats for consulting and keeping Parliament informed on the development of the CFSP; considers, however, that the annual report from the Council on the main aspects and basic choices of the CFSP, presented to Parliament in application of point 43 of the IIA, is restricted in its scope to a description of CFSP common positions, joint actions and implementing decisions and that more extensive information should be provided in future years for the discharge exercise;

15.  Reiterates its request to the Council to provide detailed information on the nature of expenses, within its Title 3 (Expenditure arising out of the institution's performance of its specific missions), in order to enable Parliament to verify that all the expenditure is in conformity with the IIA and that none of the expenditure is of an operational nature;

16.  Is concerned by the lack of transparency of the cost incurred by the activities, in particular the missions carried out by the special representatives and asks for a detailed breakdown of the expenditure of the special representatives and their missions budget to be published on the internet;

17.  Asks the Court of Auditors why there is no mention of the unresolved problems, as pointed out in Parliament's above-mentioned resolution of 25 November 2009, in its Annual Report on 2008 concerning the Council;

18.  Notes the comment made by the Court of Auditors in paragraph 11.10 of its 2008 Annual report on the lack of compliance with the provisions of Article 5(3) of the Financial Regulation as regards continued (2005–2008) over-budgeting of the Secured European System of Automatic Messaging (SESAME); takes note of the Council's reply and its intention to improve the coordination on structures for the governance of major IT projects;

19.  Welcomes the audits carried out by the Council's internal audit service in 2008 (eight financial audits and one mixed audit), as well as the considerable share of their recommendations which have been accepted; points out, however, that the note on this issue which was submitted to the discharge authority was of a rather general nature, and requests more detailed information on the implementation of audit recommendations;

20.  Welcomes the new integrated system for management and financial control (SAP), in operation since 1 January 2008, which has enabled budget savings and gains in efficiency to be made for the three institutions involved (the Council, the Court of Auditors and the Court of Justice);

21.  Welcomes the achievements on consolidation of the organisation after the EU enlargements of 2004 and 2007, notably centralisation of the translation units and the recruitment of officials from the new Member States; welcomes also the introduction of the flexible time system, which contributes to a better balance between work and private life; notes, however, the low occupancy rate of the posts in the establishment plan (on average 90 %; in 2007 – 86 %);

22.  Notes that the considerable increase in advance payments for the Residence Palace (EUR 70 million instead of EUR 15 million as envisaged, with an aim of subsequent reduction of the overall cost of the acquisition) was made possible by the global under-spending of the budget (85,7 % implementation rate), and calls for buildings policy to be detailed in future annual reports to allow proper scrutiny in the discharge process;

23.  Is of the opinion that the annual budget for the permanent President of the European Council should be separated from the Council's budget and presented as a new budget section as from 2012;

24.  Welcomes the undertakings of the Spanish Presidency on clarification of the discharge procedure to show full accountability of the Council's administrative budget to Parliament, and asks for a firm commitment of the successive presidencies to carry on with this work in the same spirit.

(1) Texts adopted, 19.5.2010, P7_TA(2010)0180.
(2) OJ L 71, 14.3.2008.
(3) OJ C 273, 13.11.2009, p. 1.
(4) OJ C 269, 10.11.2009, p. 1.
(5) OJ C 273, 13.11.2009, p. 122.
(6) OJ L 248, 16.9.2002, p. 1.
(7) Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).
(8) OJ C 139, 14.6.2006, p. 1.
(9) OJ L 19, 23.1.2010, p. 9.
(10) The European Transparency Initiative.
(11) OJ L 63, 28.2.2004, p. 68.
(12) OJ L 261, 6.8.2004, p. 125.
(13) OJ L 57, 2.3.2000, p. 1.
(14) OJ L 27, 30.1.2001, p. 7.
(15) OJ L 158, 17.6.2002, p. 66.
(16) OJ L 187, 15.7.2008, p. 21.


Rights to interpretation and translation in criminal proceedings ***I
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European Parliament legislative resolution of 16 June 2010 on the draft directive of the European Parliament and of the Council on the rights to interpretation and to translation in criminal proceedings (00001/2010 – C7-0005/2010 – 2010/0801(COD))
P7_TA(2010)0220A7-0198/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the initiative of a group of Member States (00001/2010),

–  having regard to point (b) of Article 76 and point (b) of the second subparagraph of Article 82(2) of the Treaty on the Functioning of the European Union, pursuant to which the initiative was submitted to Parliament (C7-0005/2010),

–  having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,

–  having regard to the Commission proposal (COM(2010)0082), which has the same legislative objective,

–  having regard to the reasoned opinions sent to its President by national parliaments on whether the initiative complies with the principle of subsidiarity,

–  having regard to Rules 44 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0198/2010),

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

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

Position of the European Parliament adopted at first reading on 16 June 2010 with a view to the adoption of Directive 2010/.../EU of the European Parliament and of the Council on the right to interpretation and translation in criminal proceedings

P7_TC1-COD(2010)0801


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2010/64/EU)


Organisation of working time: persons performing mobile road transport activities ***I
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European Parliament legislative resolution of 16 June 2010 on the proposal for a directive of the European Parliament and of the Council amending Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (COM(2008)0650 – C6-0354/2008 – 2008/0195(COD))
P7_TA(2010)0221A7-0137/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2008)0650),

–  having regard to Article 251(2) and Articles 71 and 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0354/2008),

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

–  having regard to Article 294(3) and Articles 91 and 153(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 25 March 2009(1),

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on Employment and Social Affairs (A7-0137/2010),

1.  Rejects the Commission proposal;

2.  Calls on the Commission to withdraw its proposal and take appropriate steps together with Parliament to submit a new proposal;

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

(1) OJ C 228, 22.9.2009, p. 78.


Food information to consumers ***I
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Resolution
Consolidated text
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
European Parliament legislative resolution of 16 June 2010 on the proposal for a regulation of the European Parliament and of the Council on the provision of food information to consumers (COM(2008)0040 – C6-0052/2008 – 2008/0028(COD))
P7_TA(2010)0222A7-0109/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

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

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

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

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

–  having regard to the opinion of the European Economic and Social Committee of 18 September 2008(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 opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Agriculture and Rural Development (A7-0109/2010),

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

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

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

Position of the European Parliament adopted at first reading on 16 June 2010with a view to the adoption of Regulation (EU) No .../2010 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 Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directives 94/54/EC and 1999/10/EC, Directive 2000/13/EC, Commission Directives 2002/67/EC and 2004/77/EC and Commission Regulation (EC) No 608/2004

P7_TC1-COD(2008)0028


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  Article 169 of the Treaty on the Functioning of the European Union (TFEU) provides that the Union is to contribute to the attainment of a high level of consumer protection through the measures it adopts pursuant to Article 114 thereof.

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

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

(4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4) provides that it is a general principle of food law to provide a basis for consumers to make informed choices in relation to food they consume and to prevent any practices that may mislead the consumer.

(5)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market(5) covers certain aspects of the provision of information to consumers specifically to prevent misleading actions and omissions of information. The general principles on unfair commercial practices should be complemented by specific rules concerning the provision of food information to consumers.

(6)  Union rules on food labelling applicable to all foods are laid down in 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(6). The majority of the provisions laid down in that Directive date back to 1978 and should therefore be updated.

(7)  Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs(7) lays down rules on the content and presentation of nutrition information on prepacked foods. The inclusion of nutrition information is voluntary unless a nutrition related claim is made concerning the food. The majority of the provisions laid down in that Directive date back to 1990 and should therefore be updated.

(8)  The general labelling requirements are complemented by a number of provisions applicable to all foods in particular circumstances or to certain categories of foods. In addition, there are a number of specific rules which are applicable to specific foods.

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

(10)  There is ▌interest amongst the general public in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper of 30 May 2007 on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is one method of informing consumers about the composition of the foods and of helping them to make an informed choice. Education and information campaigns are an important mechanism for improving consumer understanding of food information. The Union consumer policy strategy 2007 - 2013 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.

(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 would ensure certainty for both consumers and the industry and reduce the administrative burden.

(12)  For the sake of clarity, it is appropriate to repeal and include in this Regulation other horizontal acts, namely Commission Directive 87/250/EEC of 15 April 1987 on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer(8), Commission Directive 94/54/EC of 18 November 1994 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Council Directive 79/112/EEC(9), Commission Directive 1999/10/EC of 8 March 1999 providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs(10), Commission Directive 2002/67/EC of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine(11), Commission Regulation (EC) No 608/2004 of 31 March 2004 concerning the labelling of foods and food ingredients with added phytosterols, phytosterol esters, phytostanols and/or phytostanol esters(12) and Commission Directive 2004/77/EC of 29 April 2004 amending Directive 94/54/EC as regards the labelling of certain foods containing glycyrrhizinic acid and its ammonium salt(13).

(13)  It is necessary to set common definitions, principles, requirements and procedures so as to form a clear framework and a common basis for Union and national measures governing food information.

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

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

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

(17)  Catering services provided by cinemas - excluding SMEs - should fall within the scope of this Regulation where the food is packed at the point of sale in standardised packages, whose capacity is pre-determined and thus the final quantity and content of food or beverages is defined and measurable.

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

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

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

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

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

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

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

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

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

(27)  When used in the production of foods and still present, certain ingredients or other substances can cause allergies or intolerances, and in individual cases can even 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 a scientifically proven allergenic effect or which may increase the risk of illness should be given to ▌consumers so that in particular those suffering from a food allergy or intolerance can in a targeted manner choose foods which are safe for them. Traces of such substances should also be indicated, so that those suffering from more serious allergies can make safe choices. Common rules should be drawn up for this purpose.

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

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

(30)  With a view to providing consumers with food information that is necessary to make an informed choice, alcoholic mixed beverages should also provide information on their ingredients.

(31)  In accordance with the resolution of the European Parliament of 5 September 2007 on a European Union strategy to support Member States in reducing alcohol-related harm(14), the opinion of the European Economic and Social Committee of 18 September 2008 on the provision of food information to consumers, the work of the Commission, and the general public concern about alcohol-related harm, especially to young and vulnerable consumers, the Commission together with the Member States should establish a definition for beverages such as ‘alcopops’ specifically targeted at young people. Due to their alcoholic nature, ‘alcopops’ should have stricter labelling requirements, and be clearly separated from soft drinks in shops.

(32)  It is also important to provide consumers with information on the other alcoholic beverages. Specific Union rules already exist on the labelling of wine. Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(15) provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines, thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, that Regulation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer and spirits as defined in Article 2(1) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks(16), and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and may propose, if necessary, specific requirements in the context of this Regulation.

(33)  The indication of the country ▌or ▌place of provenance of a food should be provided on a mandatory basis in accordance with Article 9(1)(k) and whenever its absence is likely to mislead consumers as to the true country ▌or place of provenance of that product. In other cases, ▌the indication of country ▌or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers' understanding of the information related to the country ▌or place of provenance of a food. Such criteria shall not apply to indications related to the name or address of the food business operator.

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

(35)  The Union's non-preferential rules of origin are laid down in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(17) and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2 July 1993(18). Determination of the country of origin of foods will be based on those rules, which are well known to trade operators and administrations and should ease its implementation.

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

(37)  The above-mentioned Commission White Paper of 30 May 2007 highlighted certain nutritional elements of importance to public health. Therefore, it is appropriate for the requirements on the mandatory provision of nutrition information to be in line with the recommendations of that White Paper.

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

(39)  In the interest of legal certainty and coherence of Union legislation the voluntary inclusion of nutrition or health claims on food labels should be 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 foods(19).

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

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

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

(43)  The declaration in the principal field of vision of the amounts of nutritional elements and comparative indicators in an easily recognisable form to enable an assessment of the nutritional properties of a food should be considered in its entirety as part of the nutrition declaration and not be treated as a group of individual claims.

(44)  Experience shows that in many cases voluntary food information is provided to the detriment of the clarity of the mandatory food information. Therefore, criteria should be provided to help food business operators and enforcement authorities to strike a balance between the provision of mandatory and voluntary food information.

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

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

(47)  Food information rules should be able to adapt to a rapidly changing social, economic and technological environment.

(48)  In respect of certain aspects of food information that give rise to the development of innovative and modern commercial practices, it is necessary to allow sufficient experiments and consumer research and to provide solid evidence about the best systems. Therefore, in such cases Union food information law should restrict itself to setting out the mandatory essential requirements determining the level of consumer protection and information and leave flexibility for the fulfilment of such requirements, in a manner that is compatible with the internal market provisions.

(49)  In order to ensure that more detailed food information requirements are designed and established in a dialectic manner and emerge from best practices, there should be flexible mechanisms at Union and national level based on an open and transparent public consultation and sustained interaction between a wide range of representative stakeholders. Such mechanisms may result in the development of national non-binding schemes on the basis of solid consumer research and wide stakeholder consultation. There should be mechanisms for consumers to be able to identify foods labelled in compliance with the national scheme such as through an identification number or symbol.

(50)  In order to ensure a level of consistency in the results achieved in the different Member States, it is necessary to promote the constant exchange and sharing of best practices and experience between Member States and with the Commission and promote the participation of stakeholders in such exchanges.

(51)  Member States should carry out official controls in order to enforce compliance with this Regulation in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(20).

(52)  References to Directive 90/496/EEC in Regulation (EC) No 1924/2006 and in Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods(21) should be updated to take this Regulation into account. Regulations (EC) No 1924/2006 and (EC) No 1925/2006 should therefore be amended accordingly.

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

(54)  Naturally, 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. As, however, it is precisely non-prepacked products which are sold in direct contact with the customer, the corresponding information should be provided, for example, through dialogue at the time of sale or by means of a clearly visible sign in the sales area or by means of information material on display.

(55)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(56)  The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU. It is of particular importance that the Commission carry out appropriate consultation during its preparatory work, including at expert level.

(57)  In order to ensure uniform conditions for implementation, implementing powers should be conferred on the Commission to adopt technical guidelines for the interpretation of the list of ingredients causing allergies or intolerances, to determine how to indicate the date of minimum durability and in respect of taking a position on national provisions adopted by a Member State. 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 are to be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, and given the necessity to adopt as soon as possible this Regulation, control by Member States should be exercised in accordance with the provisions of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(22), with the exception of the regulatory procedure with scrutiny, which is not applicable, insofar as those provisions remain compatible with the amended Treaties. References to those provisions should nevertheless be replaced with references to the rules and principles set out in the new regulation as soon as that regulation enters into force,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.  This Regulation establishes the general principles, requirements and responsibilities governing food information, and in particular food labelling. It lays down the means to guarantee the right of consumers to information and procedures for the provision of food information, taking into account the need to provide sufficient flexibility to respond to future developments and new information requirements.

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

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

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

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

3.  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 charities or local community fairs and meetings shall not fall within the scope of this Regulation.

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

5.  This Regulation shall apply without prejudice to labelling requirements provided in specific Union legislation applicable to particular foods. The Commission shall publish by …(23)a comprehensive and updated list of all labelling requirements provided for in specific Union legislation applicable to particular foods and shall make this list accessible on the Internet.

The Commission shall, not later than …(24)*, submit a report to the European Parliament and the Council on the compliance of those specific labelling requirements with this Regulation. The Commission shall, if appropriate, accompany that report with a relevant proposal to amend this Regulation.

Article 2

Definitions

1.  For the purposes of this Regulation the following definitions shall apply:

   (a) the definitions of ‘food’, ‘food law’, ‘food business’, ‘food business operator’, ‘retail’, ‘placing on the market’ and ‘final consumer’ in Article 2 and in Article 3(1), (2), (3), (7), (8) and (18) of Regulation (EC) No 178/2002;
   (b) the definition of ‘processing’, ‘unprocessed products’ and ‘processed products’ in points (m), (n) and (o) of Article 2(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs(25);
   (c) the definitions of ‘food additives’ and ‘processing aids’ in Article 1(2) and in Article 1(3)(a) of Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foods intended for human consumption(26);
   (d) the definition of ‘flavouring’ in point (a) of Article 1(2) of Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production(27);
   (e) the definitions of ‘meat’ and ‘mechanically separated meat’ in points 1.1 and 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(28);
   (f) the definitions of ‘claim’, ‘nutrient’, ‘other substance’, ‘nutrition claim’ and ‘health claim’ in points 1 to 5 of Article 2(2) of Regulation (EC) No 1924/2006.

2.  The following definitions shall also apply:

   (a) ‘food information’ means information concerning a food made available to the final consumer by means of a label, other accompanying material, or any other means including modern technologies or verbal communication. It does not cover commercial communication as defined in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market(29);
   (b) ‘mass caterers’ means any establishment (including vending machines, a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises, in which, in the course of a business, food is prepared which is intended for immediate consumption by the final consumer ▌;
   (c) ‘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;
   (d) ‘non-prepacked food’ means food which is offered for sale to the final consumer without packaging and is packaged, if at all, only at the time of sale to the final consumer and food and fresh products which are prepacked at the place of sale on the day of sale for immediate sale;
   (e) ‘handcrafted food product’ means a food product which is produced in a company listed in national registers, under national commercial law, as a craft enterprise, and which is produced directly for consumers;
   (f) ‘ingredient’ means any substance, including food additives and food enzymes, and any ingredient of a compound ingredient, used in the manufacture or preparation of a food and contained in the finished product, even if in an altered form ▌;
   (g) ‘place of provenance’ means the place, country or region where the products or agricultural ingredients are wholly obtained, in accordance with Article 23(2) of Regulation (EEC) No 2913/92;
   (h) ‘compound ingredient’ is an ingredient that is itself the product of more than one ingredient;
   (i) ‘label’ means any tag, brand, mark, pictorial or other descriptive matter written, printed, stencilled, marked, embossed or impressed on, or attached to, a container of food;
   (j) ‘labelling’ means any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a food and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such food;
   (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 ▌;
   (l) ‘legibility’ means texts inter alia written, printed, embossed, marked, engraved or stamped in such a way that a normally-sighted consumer can understand the substance of food labels without using optical aids; legibility is contingent on the font size, the typeface, the stroke width, the spacing between letters, words and lines, the width-height ratio of the letters and the degree of contrast between the print and the background;
   (m) ‘customary name’ means a name which is understood as the name of the food without it needing further explanation by consumers in the Member State in which it is sold;
   (n) ‘descriptive name’ means a name providing a description of the food, and if necessary of its use, which is sufficiently clear to enable the consumers to know its true nature and distinguish it from other products with which it might be confused;
   (o) ‘single-ingredient product’ means any food which, except for salt, sugar, spices, water, additives, flavourings or enzymes, contains only one ingredient;
   (p) ‘essential requirements’ means the requirements whereby the level of consumer protection and food information is determined with respect to a given issue and which are laid down in a Union act ▌;
   (q) ‘date of minimum durability’ means the date until which the food retains its specific properties when ▌stored as indicated or stored in accordance with specific instructions given on the package;
   (r) ‘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;
   (s) ‘date of manufacture’ means the date on which products were produced and possibly packed and deep-frozen;
   (t) ‘best practices’ means standards, schemes, initiatives, or any other activities endorsed by competent authorities that have been shown through experience and research to be the most effective for the majority of consumers and are considered as models for others to follow;
   (u) ‘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 ingredient.

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

4.  The specific definitions set out in Annex I shall also apply.

CHAPTER II

GENERAL PRINCIPLES ON FOOD INFORMATION

Article 3

General objectives

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

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

3.  Food information law shall aim to achieve in the Union free movement of food legally produced and marketed ▌.

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

Article 4

Principles governing mandatory food information

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

   (a) information on the identity and composition, quantities, properties or other characteristics of the food;
  (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,
   (ii) durability, storage, conservation requirements once the product is opened, if applicable, and safe use;
   (c) information on nutritional characteristics so as to enable consumers, including those with special dietary requirements, to make informed choices.

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

Article 5

Consultation of the European Food Safety Authority

Any food information law measures likely to have an effect on public health shall be adopted after consultation of the European Food Safety Authority (the ‘Authority’).

CHAPTER III

GENERAL FOOD INFORMATION REQUIREMENTS AND RESPONSIBILITIES OF FOOD BUSINESS OPERATORS

Article 6

Basic requirement

Any food intended for supply to the final consumer or to mass caterers shall be accompanied by food information in accordance with this Regulation.

Article 7

Fair information practices

1.  Food information shall not be misleading ▌, particularly:

   (a) in that the description and/or pictorial representation of the food could mislead the consumers with regard to its nature, identity, properties, composition, individual ingredients and their quantity in the product, durability, country of origin or place of provenance, method of manufacture or production;
   (b) by suggesting in the description or pictorial representations on the packaging the presence of a particular product or an ingredient although in reality the product which the packaging contains is an imitation food or contains a substitute for an ingredient normally used in a product. In such cases, the packaging must prominently bear the marking ‘imitation’ or ‘produced with (designation of the substitute ingredient) instead of (designation of the ingredient replaced)’;
   (c) 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 must be labelled on the front of the packaging ‘formed meat - from combined meat pieces’;
   (d) by attributing to the food effects or properties which it does not possess;
   (e) by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics or by specifically emphasising the absence of certain ingredients and/or nutrients which the food in question does not contain as a matter of course;
   (f) by explicitly advertising a substantial reduction in sugar and/or fat content, even though there is no corresponding reduction in the energy content (expressed in kilojoules or kilocalories) of the food in question;
   (g) by using the description ‘suitable for persons with special dietary requirements’, although the food in question does not comply with Union rules on foods intended for persons with such requirements;
   (h) for milk, by denoting milk as ‘fresh’ when its use-by-date is more than seven days after the filling date.

2.  Food information shall be accurate, clear, and easy to understand for the consumer.

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

4.  Paragraphs 1 and 3 shall also apply to:

   (a) advertising;
   (b) the presentation of foods in particular their shape, appearance or packaging, the packaging materials used, the way in which they are arranged and the setting in which they are displayed.

Article 8

Responsibilities

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

2.  The person responsible for food information shall be the food business operator who first places a food on the Union market or, where applicable, the food business operator under whose name or business name the food is marketed.

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

4.  Food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to help ensure, within the limits of their respective activities, compliance with thefood information requirements, in particular by refraining from supplying food which they know or presume ▌, on the basis of the information in their possession and as professionals, does not comply with those requirements.

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

6.  In the following cases, food business operators, within the businesses under their control shall ensure that the mandatory particulars required under Article 9 appear on the external packaging in which the food is presented for marketing, or on the commercial documents referring to the foods where it can be guaranteed that such documents either accompany the food to which they refer or were sent before or at the same time as delivery:

   (a) where prepacked food is intended for the final consumer but marketed at a stage prior to sale to the final consumer and where sale to a mass caterer is not involved at that stage;
   (b) where prepacked food is intended for supply to mass caterers for preparation, processing, splitting or cutting up.

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

CHAPTER IV

MANDATORY FOOD INFORMATION

SECTION 1

CONTENT AND PRESENTATION

Article 9

List of mandatory particulars

1.  In accordance with Articles 11 to 33 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory:

   (a) the name under which the product is sold;
   (b) the list of ingredients;
   (c) the ingredients listed in Annex II causing allergies or intolerances, and any substance derived therefrom, with due respect to specific provisions for non-prepacked foods;
   (d) the quantity of certain ingredients or categories of ingredients, in accordance with Annex VII;
   (e) the net quantity of the food, at the moment of packaging;
   (f) the date of minimum durability or, in the case of foodstuffs which, from the microbiological point of view, are perishable, the ‘use by’ date;
   (g) the date of manufacture in the case of frozen products;
   (h) any special storage conditions and/or conditions of use including specifications on refrigeration and storage conditions and on the conservation of the product before and after the opening of the package, when it would be impossible to make appropriate use of the food in the absence of this information;
   (i) instructions for use when it would be impossible to make appropriate use of the food in the absence of such instructions;
   (j) the name or business name or a registered trademark and the address of the manufacturer established within the Union, of the packager and, for products coming from third countries, of the seller/the importer or, where appropriate, of the food business operator under whose name or business name the food is marketed;
  (k) the country ▌or place of provenance in the case of the following products:
   meat,
   poultry,
   dairy products,
   fresh fruit and vegetables,
   other single-ingredient products, and
   meat, poultry and fish when used as an ingredient in processed foods.

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

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

For all other foods, the country or place of provenance where failure to indicate this might mislead the consumer to a material degree 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; in such cases the indication shall be adopted by means of delegated acts, in accordance with the rules laid down in Article 42 and subject to conditions laid down in Articles 43 and 44;

   (l) with respect to beverages containing more than 1,2 % by volume of alcohol, the actual alcoholic strength by volume;
   (m) a nutrition declaration.

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

Article 10

Derogations for micro-enterprises

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

Article 11

Additional mandatory particulars for specific types or categories of food

1.  In addition to the particulars listed in Article 9(1), additional mandatory particulars for specific types or categories of food are laid down in Annex III.

2.  The Commission may amend Annex III by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

Article 12

Weights and measures

Article 9 shall be without prejudice to more specific Union provisions regarding weights and measures. The provisions of Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products(30) shall be complied with.

Article 13

Availability and placement of mandatory food information

1.  Mandatory food information shall be available and shall be easily accessible, in accordance with this Regulation, for all foods.

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

Article 14

Presentation of mandatory particulars

1.  Without prejudice to specific Union legislation applicable to particular foods as regards to the requirements referred to in points (a) to (l) 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 their clear legibility. Criteria such as font size, font type, contrast between the font and background, line and character pitch should be considered.

In the context of a consultation procedure, the Commission shall draw up by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44, a binding concept together with the stakeholders concerned, including consumer organisations, specifying guidelines for legibility of consumer information on food.

2.  In the case of products intended for particular nutritional uses, as defined in Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes(31) and infant formulae, follow-on formulae and diversification foods intended for infants and young children, which fall within the scope of Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae(32) and Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children(33), which are subject to mandatory labelling requirements under Union legislation in addition to those particulars referred to in Article 9(1) of this Regulation, the font size should be such that it meets the need for information for consumers to be legible and for additional information related to the particular use of those foods.

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

4.  Paragraph 3 shall not apply in the case of foods specified in Article 17(1) and (2). Specific national provisions may be adopted for such packaging or containers in the case of Member States which have more than one official language.

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

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

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

Article 15

Distance selling

Without prejudice to the information requirements laid down in Article 9, in the case of foods offered for sale by means of distance communication as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts(34):

   (a) the food information stipulated in Articles 9 and 29 shall be available at the request of consumers before the purchase is concluded and may appear on the material supporting the distance selling or be provided through other appropriate means;
   (b) the particulars provided in Article 9(1)(f) and (i) shall be mandatory only at the moment of delivery.

Article 16

Language requirements

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

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

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

4.  Paragraphs 1 and 2 shall not preclude the particulars from being indicated in several languages.

Article 17

Derogations from the requirement to provide certain mandatory particulars

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.

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

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

The particulars listed in Articles 9 and 29 shall not be mandatory for non-prepacked products, including those provided by mass caterers within the meaning of Article 2(2)(b).

SECTION 2

DETAILED PROVISIONS ON MANDATORY PARTICULARS

Article 18

Name of the food

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

2.  Specific provisions on the use of the name of the food and particulars that shall accompany it are laid down in Annex V.

Article 19

List of ingredients

1.  The list of ingredients shall be headed or preceded by a suitable heading which consists of or includes the word ‘ingredients’. It shall include all the ingredients of the food, in descending order of weight, as recorded at the time of their use in the manufacture of the food.

2.  For products containing nanomaterials, this must be clearly indicated, using the word ‘nano’, in the list of ingredients.

3.  Ingredients shall be designated by their specific name, where applicable, in accordance with the rules laid down in Article 18 and in Annex V.

4.  Technical rules for applying paragraphs 1 and 3 are laid down in Annex VI.

Article 20

General derogations from the requirement to listingredients

The following foods shall not be required to bear a list of ingredients:

   (a) fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated;
   (b) carbonated water, the description of which indicates that it has been carbonated;
   (c) fermentation vinegars derived exclusively from a single basic product, provided that no other ingredient has been added;
   (d) cheese, butter, fermented milk and cream, to which no ingredient has been added other than lactic products, enzymes and micro-organism cultures essential to manufacture, or in the case of cheese other than fresh cheese and processed cheese the salt needed for its manufacture;
   (e) drinks that contain alcohol; the Commission shall produce a report after (35) concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for providing consumers with nutritional information on these products. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44;
  (f) foods consisting of a single ingredient, where:
   (i) the name of the food is identical with the ingredient name; or
   (ii) the name of the food enables the nature of the ingredient to be clearly identified.

Article 21

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

   (a) the constituents of an ingredient which have been temporarily separated during the manufacturing process and later reintroduced but not in excess of their original proportions;
  (b) food additives and enzymes:
   (i) whose presence in a given food is solely due to the fact that they were contained in one or more ingredients of that food, provided that they serve no technological function in the finished product, or
   (ii) which are used as processing aids;
   (c) substances used in the quantities strictly necessary as solvents or media for nutritional substances, food additives, enzymes or flavouring;
   (d) substances which are not food additives but are used in the same way and with the same purpose as processing aids and are still present in the finished product, even if in an altered form;
  (e) water:
   (i) where the water is used during the manufacturing process solely for the reconstitution of an ingredient used in concentrated or dehydrated form, or
   (ii) in the case of a liquid medium which is not normally consumed.

Article 22

Labelling of certain substances causing allergies or intolerances

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

That indication shall not be required in cases where:

   (a) the name of the food clearly refers to the ingredient concerned;
   (b) the ingredient listed in Annex II from which a substance originates is already included in the list of ingredients; or
  (c) the food is not prepacked; in this case it must be indicated in a clearly visible manner in the sales area or on menus that:
   customers can obtain information regarding allergenic substances directly during the sales talk and/or by means of material displayed on the premises,
   the possibility of cross-contamination cannot be excluded.

2.  The list in Annex II shall be systematically re-examined and, where necessary, updated by the Commission on the basis of the most recent scientific and technical knowledge by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

3.  Where necessary, technical guidelines may be issued for the interpretation of the list in Annex II, in accordance with the regulatory procedure referred to in Article 41(2).

Article 23

Quantitative indication of ingredients

1.  The indication of the quantity of an ingredient or category of ingredients used in the manufacture or preparation of a food shall be required where:

   (a) the ingredient or category of ingredients concerned appears in the name under which the food is sold or is usually associated with that name by the consumer; or
   (b) the ingredient or category of ingredients concerned is emphasised on the labelling in words, pictures or graphics; or
   (c) the ingredient or category of ingredients concerned is essential to characterise a food and to distinguish it from products with which it might be confused because of its name or appearance.

2.  Technical rules for applying paragraph 1, including specific cases where the quantitative indication shall not be required in respect of certain ingredients, are laid down in Annex VII.

Article 24

Net quantity

1.  The net quantity of a food shall be expressed, using litres, centilitres, millilitres, kilograms or grams, as appropriate:

   (a) in units of liquid in the case of liquids within the meaning of Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption(36);
   (b) in units of mass in the case of other products.

2.  The expression of the net quantity for certain specified foods in a different manner than the one described in paragraph 1 may be established by the Commission by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

3.  Technical rules for applying paragraph 1, including specific cases where the indication of the net quantity shall not be required, are laid down in Annex VIII.

Article 25

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

1.  In the case of foods which, from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health, the date of minimum durability shall be replaced by the ‘use by’ date.

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

  (a) date of minimum durability:
  (i) the date shall be preceded by the words:
   ‘Best before …’ when the date includes an indication of the day; or
   ‘Best before end …’ in other cases;
  (ii) the words referred to in point (i) shall be accompanied by either:
   the date itself; or
   a reference to where the date is given on the labelling.

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

   (iii) the date shall consist of the day, month and year, uncoded, in that order.

However, in the case of foods:

   which will keep for less than three months, the day and month shall be stated,
   which will keep for more than three but no more than 18 months, the month and year shall be stated,
   which will keep for more than 18 months, an indication of the year will suffice.

Detailed rules for the indication of the date of minimum durability under this point (iii) can be adopted pursuant to the regulatory procedure referred to in Article 41(2),

   (iv) the date of minimum durability shall be indicated on each individual prepackaged portion,
  (v) subject to Union provisions imposing other types of date indication, an indication of the date of minimum durability shall not be required for:
   fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated; this derogation shall not apply to sprouting seeds and similar products such as legume sprouts,
   wines, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, and beverages falling within CN codes 2206 00 91, 2206 00 93 and 2206 00 99 and manufactured from grapes or grape musts,
   beverages containing 10 % or more by volume of alcohol,
   soft drinks, fruit juices, fruit nectars and alcoholic beverages containing more than 1,2 % by volume of alcohol in individual containers of more than five litres, intended for supply to mass caterers,
   bakers' or pastry cooks' wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture,
   vinegar,
   cooking salt,
   solid sugar,
   confectionery products consisting almost solely of flavoured and/or coloured sugars,
   chewing gums and similar chewing products;
  (b) ‘use-by’ date:
   (i) the date shall be preceded by the words ‘use by …’,
  (ii) the words in point (i) 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,

   (iii) the date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form;
  (c) date of manufacture:

   (i) the date shall be preceded by the words: ‘Manufactured on’,
  (ii) the words referred to in point (i) shall be accompanied by either:
   the date itself; or
   a reference to where the date is given on the labelling,
   (iii) the date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form.

Article 26

Instructions for use

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

2.  The Commission may lay down by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44, rules as regards the way in which those instructions shall be indicated in the case of certain foods. ▌

Article 27

Alcoholic strength

1.  The rules concerning indication of the alcoholic strength by volume shall, in the case of products classified under the Common Customs Tariff headings 22.04 and 22.05, be those laid down in the specific Union provisions applicable to such products.

2.  The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of alcohol other than those referred to in paragraph 1 shall be indicated in accordance with Annex IX.

SECTION 3

NUTRITION LABELLING

Article 28

Relation with other legislation

1.  The provisions of this Section shall not apply to foods within the scope of the following legislation:

   (a) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements(37);
   (b) Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters(38).

2.  The provisions of this Section apply without prejudice to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses(39) and specific Directives as referred to in Article 4(1) of that Directive.

Article 29

Content

1.  The nutrition declaration shall include the following (hereinafter referred to as ‘mandatory nutrition declaration’):

   (a) energy value;
   (b) the amounts of fat, saturates, ▌sugars, and salt;
   (c) the amounts of protein, carbohydrates, fibre, natural and artificial transfats.

This paragraph shall not apply to beverages containing alcohol. The Commission shall produce a report after ...(40) concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for providing consumers with nutritional information on these products, adopted by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

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

▌(a) mono-unsaturates;

   (b) polyunsaturates;
   (c) polyols;
   (d) cholesterol;
   (e) starch;
   (f) any of the minerals or vitamins present in significant amounts pursuant to point 1 of Part A of Annex X, in accordance with the values indicated in point 2 of Part A of Annex X;
   (g) other substances within the meaning of Part A of Annex XII and constituents of those nutrients;
   (h) other substances as defined in Regulation (EC) No 1925/2006.

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

Article 30

Calculation

1.  The amount of energy shall be calculated using the conversion factors in Annex XI.

2.  Conversion factors for the vitamins and minerals mentioned in point 1 of Part A of Annex X, in order to calculate more precisely their content in foods, shall be set and included in Annex XI by the Commission by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

3.  The amounts of energy and 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.

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

   (a) the manufacturer's analysis of the food; or
   (b) a calculation from the known or actual average values of the ingredients used; or
   (c) a calculation from generally established and accepted data.

The rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks shall be adopted, after the Authority has given its opinion, by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

Article 31

Forms of expression

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

2.  The ‘front of pack mandatory nutrition declaration’ shall include the amount of energy in kcal as set out in Article 29(1)(a) and the mandatory nutrients in Article 29(1)(b) expressed in grams.

It shall be presented in a clear format in the following order: energy, fat, saturates, sugars, and salt.

3.  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 as appropriate, in the order of presentation provided for in Part C of Annex XII, both per 100 g/ml and per portion.

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

4.  The mandatory nutrition declaration shall be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex X in relation to per 100 g or per 100 ml or per portion. When provided, the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex X.

5.  If indications pursuant to paragraph 4 are provided, the following additional information must be indicated in close proximity to the table concerned: ‘Average daily requirement of a middle-aged woman. Your personal daily requirement may differ.’.

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

Article 32

Additional forms of expression

In addition to the forms of expression referred to in Article 31(2) to (4), the nutrition declaration may be repeated in other forms of expression and, where appropriate, elsewhere on the packaging, for example by means of graphic representations or symbols, provided that they meet the following requirements:

   (a) such forms of expression shall not mislead the consumer or divert attention from the mandatory nutrition declaration;
   (b) they are based either on the reference intakes in Part B of Annex  X, or ▌on valid scientific findings on intakes of energy or nutrients;
   (c) they are supported by scientific evidence of understanding of and use of the presentation of the information by the average consumer; and
   (d) they are supported by independent consumer research evidence which shows that the average consumer understands the form of expression.

Article 33

Presentation

1.  In addition to the presentation of nutrition declaration pursuant to Articles 29 and 31, the energy content labelling required pursuant to Article 29(1)(a) and Annex X, Part B, shall appear in the bottom right-hand corner of the front of the packaging, in a font size of 3 mm and surrounded by a border.

2.  Gift packaging is exempt from the requirement to repeat the energy content on the front of the packaging as provided for in paragraph 1.

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

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

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

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

7.  Rules relating to other aspects of presentation of nutrition declaration ▌ may be established by the Commission by means of delegated acts in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

8.  The Commission shall present by ...(41)an evaluation report on the form of presentation described in paragraphs 1 to 7.

CHAPTER V

VOLUNTARY FOOD INFORMATION

Article 34

▌Requirements

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

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

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

4.  Without prejudice to labelling in accordance with specific Union legislation, paragraph 5 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the Union or a given country or place.

5.  For meat, other than beef and veal, the indication on the country of origin or place of provenance may be given as a single place only where 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.

6.  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.

▌CHAPTER VI

NATIONAL PROVISIONS

Article 35

Principle

Member States may only adopt provisions in the field of food information where this is provided for by this Regulation.

Article 36

National provisions on additional mandatory particulars

In addition to the mandatory particulars referred to in Article 9(1) and in Article 11, Member States may, in accordance with the procedure laid down in Article 39, require additional mandatory particulars for specific types or categories of foods, justified on grounds of:

   (a) the protection of public health;
   (b) the protection of consumers;
   (c) the prevention of fraud;
   (d) the protection of industrial and commercial property rights, indications of regional provenance, registered designations of origin and the prevention of unfair competition.

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

Article 37

Milk and milk products

Member States may adopt measures derogating from Article 9(1) and Article 11(2) in the case of milk and milk products presented in glass bottles intended for reuse.

They shall communicate to the Commission the text of those measures without delay.

Article 38

▌Non-prepacked food

1.  With regard to the non-prepacked foods, the particulars in Article 9(1)(c) shall be provided.

2.  The provision of other particulars referred to in Articles 9 and 11 is not obligatory.

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

4.  Member States shall communicate to the Commission the text of the measures referred to in paragraphs 1 and 3 without delay.

Article 39

Notification procedure

1.  When reference is made to this Article, the Member State which deems it necessary to adopt new food information legislation shall notify in advance the Commission and the other Member States of the measures envisaged and give the reasons justifying them.

2.  The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests. The Commission shall also introduce a formal notification procedure for all stakeholders in accordance with the provisions of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services(42).

3.  The Member State concerned may take the envisaged measures only three months after the notification referred to in paragraph 1, provided that it has not received a negative opinion from the Commission.

4.  If the Commission's opinion is negative, it shall initiate the regulatory procedure referred to in Article 41(2) before the expiry of that three-month period in order to determine whether the envisaged measures may be implemented. The Commission may require certain amendments to be made to the envisaged measures. The Member State concerned may take the envisaged measures only after the Commission has adopted its final decision.

CHAPTER VII

IMPLEMENTING, AMENDING AND FINAL PROVISIONS

Article 40

Technical adaptations

Subject to the provisions relating to the amendments to Annexes II and III referred to in Article 11(2) and Article 22(2), the Annexes may be amended by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted by means of delegated acts, in accordance with Article 42 and subject to the conditions laid down in Articles 43 and 44.

Article 41

Committee

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

2.  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.

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

Article 42

Exercise of the delegation

1.  The power to adopt the delegated acts referred to in Articles 9(1)(k), 11(2), 14(1), 20(e), 22(2), 24(2), 26(2), 29(1), 30(2) and (4), 33(7) and 40 shall be conferred on the Commission for a period of five years from …(43). The Commission shall make a report in respect of the delegated powers 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 43.

2.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 43 and 44.

Article 43

Revocation of the delegation

1.  The delegation of powers referred to in Articles 9(1)(k), 11(2), 14(1), 20(e), 22(2), 24(2), 26(2), 29(1), 30(2) and (4), 33(7) and 40 may be revoked at any time by the European Parliament or by the Council.

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

3.  The decision of revocation shall put an end to 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.

Article 44

Objections to delegated acts

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 this period shall be extended by two months.

2.  If, on expiry of that period, 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 at 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 the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

Article 45

Amendments to Regulation (EC) No 1924/2006

In Article 7 of Regulation (EC) No 1924/2006, the first and second paragraphs are replaced by the following:"

The obligation and the modalities for providing information pursuant to Chapter IV, Section 3 of Regulation (EU) No …/... of the European Parliament and of the Council of ... on the provision of food information to consumers* where a nutrition and/or health claim is made shall apply mutatis mutandis, with the exception of generic advertising.

In addition, and as the case may be, the amount(s) of the substance(s) to which a nutrition or health claim relates that does not appear in the nutrition labelling shall also be stated in the same field of vision as the nutrition declaration and be expressed in accordance with Articles 30 and 31 of Regulation (EU) No …/... [on the provision of food information to consumers].

* OJ L …

"

Article 46

Amendments to Regulation (EC) No 1925/2006

Regulation (EC) No 1925/2006 is amended as follows:

1.  In Article 6 paragraph 6 is replaced by the following:"

6.  The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to point 2 of Part A of Annex X of Regulation (EU) No …/... of the European Parliament and of the Council of ... on the provision of food information to consumers*. The minimum amounts, including any lower amounts, by derogation from the significant amounts mentioned above, for specific foods or categories of foods shall be adopted in accordance with the procedure referred to in Article 14(2).

___________________

* OJ L …

"

2.  In Article 7 paragraph 3 is replaced by the following:"

3.  Nutrition labelling of products to which vitamins and minerals have been added and which are covered by this Regulation shall be compulsory. The information to be provided shall consist of that specified in Article 29(1) of Regulation (EU) No …/... [on the provision of food information to consumers] and of the total amounts present of the vitamins and minerals when added to the food.

"

Article 47

Repeal

1.  Directives 87/250/EEC, 94/54/EC, 1999/10/EC, 2000/13/EC, 2002/67/EC and 2004/77/EC and Regulation (EC) No 608/2004 are repealed with effect from …(44).

2.  Directive 90/496/EEC is repealed from …(45)* .

3.  References to the repealed acts shall be construed as references to this Regulation.

Article 48

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 14(1) shall apply from ...*.

Articles 29 to 33 shall apply from …(46) except in the case of foods labelled by food business operators with, on ...(47)*, less than 100 employees and whose annual turnover and/or annual balance sheet total does not exceed EUR 5 million where they shall apply … (48)**.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

SPECIFIC DEFINITIONS

As referred to in Article 2(4)

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

   (a) energy value; or
  (b) energy value and one or more of the following nutrients and their components:
   fat,
   carbohydrate,
   fibre,
   protein,
   salt,
   vitamins and minerals listed in Annex X, Part A, point 1 and present in significant amounts as defined in Annex X, Part A, point 2;
   2. ‘fat’ means total lipids, and includes phospholipids;
   3. ‘saturates’ means fatty acids without double bond;
   4. ‘trans fat’ means fatty acids with at least one non-conjugated (namely interrupted by at least one methylene group) carbon-carbon double bond in the trans configuration;
   5. ‘mono-unsaturates’ means fatty acids with one cis double bond;
   6. ‘polyunsaturates’ means fatty acids with cis, cis-methylene interrupted double bonds;
   7. ‘carbohydrate’ means any carbohydrate which is metabolized in man, and includes polyols;
   8. ‘sugars’ means all monosaccharides and disaccharides present in food, but excludes polyols, isomaltulose and D-tagatose;
   9. ‘polyols’ means alcohols containing more than two hydroxyl groups;
     10 ‘protein’ means the protein content calculated using the formula: protein = total Kjeldahl nitrogen × 6,25 and, in the case of milk protein, total Kjeldahl nitrogen × 6,38;
   11. ‘salt’ means the salt content calculated using the formula: salt = sodium × 2,5;
   12. ‘culinary gold leaf’ means an edible decoration for food or beverages consisting of gold leaf with a thickness of approximately 0,000125 mm in flake or powder form;
   13. ‘average value’ means the value which best represents the amount of the nutrient which a given food contains, and reflects allowances for seasonal variability, patterns of consumption and other factors which may cause the actual value to vary;
   14. 'front of the package‘ means the side or surface of the food packaging that is most likely to be displayed or visible under normal or customary conditions of sale or use.

ANNEX II

INGREDIENTS WHICH MAY CAUSE ALLERGIES OR INTOLERANCES

1.  Cereals containing gluten (namely wheat, rye, barley, oats, spelt, kamut or their hybridised strains) and products thereof, except:

   (a) wheat based glucose syrups including dextrose(49);
   (b) wheat based maltodextrins1;
   (c) glucose syrups based on barley;
   (d) cereals used for making alcoholic distillates ▌.

2.  Crustaceans and products thereof.

3.  Eggs and products thereof.

4.  Fish and products thereof, except:

   (a) fish gelatine used as carrier for vitamin or carotenoid preparations;
   (b) fish gelatine or Isinglass used as fining agent in beer and wine.

5.  Peanuts and products thereof.

6.  Soybeans and products thereof, except:

   (a) fully refined soybean oil and fat 1;
   (b) natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources;
   (c) vegetable oils derived phytosterols and phytosterol esters from soybean sources;
   (d) plant stanol ester produced from vegetable oil sterols from soybean sources.

7.  Milk and products thereof (including lactose), except:

   (a) whey used for making alcoholic distillates ▌;
   (b) lactitol.

8.  Nuts, namely almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashews (Anacardium occidentale), pecan nuts (Carya illinoinensis (Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts (Pistacia vera), macadamia nuts and Queensland nuts (Macadamia ternifolia), and products thereof, except:

   (a) nuts used for making alcoholic distillates ▌.

9.  Celery and products thereof.

10.  Mustard and products thereof.

11.  Sesame seeds and products thereof.

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

13.  Lupin and products thereof.

14.  Molluscs and products thereof.

ANNEX III

FOODS FOR WHICH THE LABELLING MUST INCLUDE ONE OR MORE ADDITIONAL PARTICULARS

Type or category of food

Particulars

1. Foods packaged in certain gases

1.1 Foods whose durability has been extended by means of packaging gases authorised pursuant to Directive 89/107/EEC

‘Packaged in a protective atmosphere’

2. Meat products from special slaughter

2.1 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‘

3. Foods containing sweeteners

3.1 Foods containing a sweetener or sweeteners authorised pursuant to Directive 89/107/EEC

‘with sweetener(s)’ this statement shall accompany the name of the food in the principal field of vision.

3.2 Foods containing both an added sugar or sugars and a sweetener or sweeteners authorised pursuant to Directive 89/107/EEC

‘with sugar(s) and sweetener(s)’ this statement shall accompany the name of the food.

3.3 Foods containing aspartame authorised pursuant to Directive 89/107/EEC

‘contains aspartame

3.4 Foods containing more than 10 % added polyols authorised pursuant to Directive 89/107/EEC

‘excessive consumption may produce laxative effects’

Type or category of food

Particulars

4. Foods containing glycyrrhizinic acid or its ammonium salt

4.1 Confectionery or beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra, at concentration of 100 mg/kg or 10 mg/l or above.

‘contains liquorice’ shall be added immediately after the list of ingredients, unless the term ‘liquorice’ is already included in the list of ingredients or in the name of the food. In absence of a list of ingredients, the statement shall accompany the name of the food.

4.2 Confectionary containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 4 g/kg or above.

‘contains liquorice - people suffering from hypertension should avoid excessive consumption’ shall be added immediately after the list of ingredients. In absence of list of ingredients, the statement shall accompany the name of the food.

4.3 Beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 50 mg/l or above, or of 300 mg/l or above in the case of beverages containing more than 1,2 % by volume of alcohol(50).

‘contains liquorice - people suffering from hypertension should avoid excessive consumption’ shall be added immediately after the list of ingredients. In absence of list of ingredients, the statement shall accompany the name of the food.

Type or category of food

Particulars

5. Foods containing glutamic acids or its salts

5.1 Foods containing one or more of the food additives E620, E621, E622, E623, E624 and E625

'contains appetite-enhancing ingredients‘

6. Meat consisting of combined meat parts

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

'with combined meat parts' this statement shall accompany the name of the food

7. Beverages with high caffeine content

7.1 Beverages, with the exception of those based on coffee, tea or coffee or tea extract where the name of the food includes the term ‘coffee’ or ‘tea’, which:

– are intended for consumption without modification and contain caffeine, from whatever source, in a proportion in excess of 150 mg/l, or

– are in concentrated or dried form and after reconstitution contain caffeine, from whatever source, in a proportion in excess of 150 mg/l

‘High caffeine content’ in the same field of vision as the name of the beverage, followed by a reference in brackets and in accordance with Article 14(4) of this Regulation to the caffeine content expressed in mg/100 ml.

Type or category of food

Particulars

8. Foods with added phytosterols, phytosterol esters, phytostanols or phytostanol esters

8.1 Foods or food ingredients with added phytosterols, phytosterol esters, phytostanols or phytostanol esters

(1) ‘with added plant sterols’ or ‘with added plant stanols’ in the same field of vision as the name of the food;

(2) the amount of added phytosterols, phytosterol esters, phytostanols or phytostanol esters content (expressed in % or as g of free plant sterols/plant stanols per 100 g or 100 ml of the food) shall be stated in the list of ingredients;

(3) a statement that the food is intended exclusively for people who want to lower their blood cholesterol level;

(4) a statement that patients on cholesterol lowering medication should only consume the product under medical supervision;

(5) an easily visible statement that the food may not be nutritionally appropriate for pregnant or breastfeeding women and children under the age of five years;

(6) advice that the food is to be used as part of a balanced and varied diet, including regular consumption of fruit and vegetables to help maintain carotenoid levels;

Type or category of food

Particulars

(7) in the same field of vision as the statement required under point (3), a statement that the consumption of more than 3 g/day of added plant sterols/plant stanols should be avoided;

(8) a definition of a portion of the food or food ingredient concerned (preferably in g or ml) with the amount of the plant sterol/plant stanol that each portion contains.

9. Meat and poultry products

9.1 Poultry products in the production of which beef or pork proteins have been used.

The use of beef or pork proteins shall always be clearly labelled on the packaging.

ANNEX IV

FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT FOR ▌MANDATORY NUTRITION LABELLING

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

   processed products which the only processing they have been subjected to is smoking or maturing and that comprise a single ingredient or category of ingredients;
   natural mineral waters or other waters intended for human consumption, including those where the only added ingredients are carbon dioxide and/or flavourings;
   herbs, a flavouring, spices, seasonings and mixtures thereof;
   salt and salt substitutes;
   sugars and novel sugars;
   varieties of flour;
   products covered by Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts(51), whole or milled coffee beans and whole or milled decaffeinated coffee beans;
   herbal infusion, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated instant or soluble tea or tea extract, which do not contain added ingredients;
   fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings;
   flavourings;
   food additives;
   processing aids;
   food enzymes;
   colouring foods;
   culinary gold leaf;
   gelatine;
   jam setting compounds;
   yeast;
   chewing gum products;
   food items with a seasonal, luxury and gift design or packaging;
   seasonal confectionery and sugar and chocolate figures;
   mixed multi-packs;
   assortments;
   food in packaging or containers the largest surface of which has an area of less than 75 cm2; the energy content as set out in Article 29(1)(a) shall still be provided in the principal field of vision;
   food sold by private persons in the context of occasional activities, and not as part of an undertaking that would imply a certain continuity of activities and a certain degree of organisation;
   non-prepacked food, including mass catering products, intended for immediate consumption;
   handcrafted products;
   foods directly marketed by farmers;
   food directly supplied by small undertakings in small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer;
   food in inner package not designed for sale without the outer package (nutrition information shall be provided on the outer package unless it belongs to the categories of foods that are exempted under this Annex);
   food in a quantity of less than 5 g/ml;
   indelibly marked glass bottles.

ANNEX V

NAME OF THE FOOD AND SPECIFIC ACCOMPANYING PARTICULARS

Part A – name of the food

1.  The use in the Member State of marketing of the name of the food under which the product is legally manufactured and marketed in the Member State of production shall be allowed.

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

2.  In exceptional cases, the name of the food of the Member State of production shall not be used in the Member State of marketing when the food which it designates is so different, as regards its composition or manufacture, from the food known under that name that the provisions of point 1 are not sufficient to ensure, in the Member State of marketing, correct information for purchaser.

3.  No name protected as intellectual property, brand name or fancy name may be substituted for the name of the food.

Part B – Mandatory particulars accompanying the name of the food

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.

2.  Foods treated with ionising radiation shall bear one of the following indications:"

irradiated' or “treated with ionising radiation”.

3.  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.

4.  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.

5.  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.

Part C – Specific requirements concerning the designation of “minced meat”

1.  Composition criteria checked on the basis of a daily average:

Fat content

Connective tissue:

meat protein ratio

‐ lean minced meat

≤ 7 %

≤ 12

‐ minced pure beef

≤ 20 %

≤ 15

‐ minced meat containing pigmeat

≤ 30 %

≤ 18

‐ minced meat of other species

≤ 25 %

≤ 15

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 under …

"

"

connective tissue: meat protein ratio under …

"

3.  The Member States may allow the placing on their national market of minced meat which does not comply with the criteria laid down in point 1 of this Part under a national mark that cannot be confused with the marks provided for in Article 5(1) of Regulation (EC) No 853/2004.

Part DSpecific requirements concerning the designation of ‘sausage casings’

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

   ‘natural casing’ if the casing used in sausage production is derived from the intestinal tract of even-toed ungulates;
   ‘artificial casing’ in other cases.

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

Part E – Official designation of foods which give the impression of being a different food (the following list contains examples)

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

Divergence in terms of type, quality and composition

Official designation

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

'Imitation cheese‘

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

'Imitation ham‘

ANNEX VI

INDICATION AND DESIGNATION OF INGREDIENTS

Part A – Specific provisions concerning the indication of ingredients by descending order of weight

Category of ingredient

Provision concerning indication by weight

1. Added water and volatile products

Shall be listed in order of their weight in the finished product. The amount of water added as an ingredient in a food shall be calculated by deducting from the total amount of the finished product the total amount of the other ingredients used. This amount shall not be required to be taken into consideration if it does not exceed 5 % by weight of the finished product.

2. Ingredients used in concentrated or dehydrated form and reconstituted at the time of manufacture

May be listed in order of weight as recorded before their concentration or dehydration.

3. Ingredients used in concentrated or dehydrated foods, which are intended to be reconstituted by the addition of water

May be listed in order of proportion in the reconstituted product provided that the list of ingredients is accompanied by an expression, such as ‘ingredients of the reconstituted product’, or ‘ingredients of the ready-to-use product’.

Category of ingredient

Provision concerning indication by weight

4. Fruit, vegetables or mushrooms, none of which significantly predominates in terms of weight and which are used in proportions that are likely to vary, used in a mixture as ingredients of a food

May be grouped together in the list of ingredients under the designation ‘fruit’, ‘vegetables’ or ‘mushrooms’ followed by the phrase ‘in varying proportions’, immediately followed by a list of the fruit, vegetables or mushrooms present. In such cases, the mixture shall be included in the list of ingredients in accordance with Article 19(1), on the basis of the total weight of the fruit, vegetables or mushrooms present.

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

May be listed in another order provided that that list of ingredients is accompanied by an expression such as ‘in variable proportion’.

6. Ingredients constituting less than 2 % of the finished product

May be listed in a different order after the other ingredients.

7. Ingredients which are similar or mutually substitutable, likely to be used in the manufacture or preparation of a food without altering its composition, its nature or its perceived value, and in so far as they constitute less than 2 % of the finished product

May be referred to in the list of ingredients by means of the phrase ‘contains … and/or …’, where at least one of no more than two ingredients is present in the finished product. This provision shall not apply to food additives or to ingredients listed in Part C of this Annex.

Part B – Designation of certain ingredients by the name of a category rather than a specific name

Ingredients which belong to one of the categories of foods listed below and are constituents of another food shall only be required to be named by the designation of that category.

Definition of category of food

Designation

1. Refined oils other than olive oil

‘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.

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

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

2. Refined fats

‘Fat’, together with ▌an indication of their specific vegetable or animal origin.

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

3. Mixtures of flour obtained from two or more cereal species

‘Flour’, followed by a list of the cereals from which it has been obtained, in descending order by weight

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

‘Starch’

5. All species of fish where the fish constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific species of fish

‘Fish’

6. All types of cheese where the cheese or mixture of cheeses constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific type of cheese

‘Cheese’

7. All spices not exceeding 2 % by weight of the food

‘Spice(s)’ or ‘mixed spices’

8. All herbs or parts of herbs not exceeding 2 % by weight of the food

‘Herb(s)’ or ‘mixed herbs’

9. All types of gum preparations used in the manufacture of gum base for chewing gum

‘Gum base’

10. All types of crumbed baked cereal products

‘Crumbs’ or ‘rusks’ as appropriate

11. All types of sucrose

‘Sugar’

12. Anhydrous dextrose or dextrose monohydrate

‘Dextrose’

13. Glucose syrup and anhydrous glucose syrup

‘Glucose syrup’

14. All types of milk protein (caseins, caseinates and whey proteins) and mixtures thereof

‘Milk proteins’

15. Press, expeller or refined cocoa butter

‘Cocoa butter’

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

'Colouring food‘

17. All types of wine as defined in Regulation (EC) No 1493/1999

‘Wine’

18. Skeletal muscles(52) of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue, where the total fat and connective tissue content does not exceed the values indicated below and where the meat constitutes an ingredient of another food.

This definition includes meat obtained from flesh-bearing bones by mechanical means and which is not covered by the definition of mechanically separated meat within the meaning of Regulation (EC) No 853/2004.

Maximum fat and connective tissue contents for ingredients designated by the term ‘… meat’

‘… meat’ and the name(s)(53) of the animal species from which it comes

Definition of category of food

Designation

Species

Fat (%)

Connective tissue(54) (%)

Mammals (other than rabbits and porcines) and mixtures of species with mammals predominating

25

25

Porcines

30

25

Birds and rabbits

15

10

If these maximum limits are exceeded, but all other criteria for the definition of ‘meat’ are satisfied, the ‘… meat’ content must be adjusted downwards accordingly and the list of ingredients must mention, in addition to the term ‘… meat’, the presence of fat and/or connective tissue.

19. All types of products covered by the definition of ‘mechanically separated meat’.

‘mechanically separated meat’ and the name(s)(55) of the animal species from which it comes

Part C – Designation of certain ingredients by the name of their category followed by their specific name or EC number

Food additives and enzymes other than those specified in Article 21(b) belonging to one of the categories listed in this Part must be designated by the name of that category, followed by their specific name or, if appropriate, EC number. If an ingredient belongs to more than one of the categories, the category appropriate to the principal function in the case of the food in question shall be indicated. However, the designation ‘modified starch’ must always be accompanied by the indication of its specific vegetable origin, when that ingredient may contain gluten.

Acid

Acidity regulator

Anti-caking agent

Anti-foaming agent

Antioxidant

Bulking agent

Colour

Emulsifier

Emulsifying salts(56)

Enzymes(57)

Firming agent

Flavour enhancer

Flour treatment agent

Gelling agent

Glazing agent

Humectant

Modified starch2

Cellulose extract2

Preservative

Propellent gas

Raising agent

Stabiliser

Sweetener

Thickener

Part D – Designation of flavourings in the list of ingredients

1.  Flavourings shall be designated either by the word ‘flavouring(s)’ or by a more specific name or description of the flavouring.

2.  Quinine and/or caffeine used as a flavouring in the production or preparation of a food shall be mentioned by name in the list of ingredients immediately after the term ‘flavouring(s)’.

3.  The word ‘natural’ or any other word having substantially the same meaning may be used only for flavourings in which the flavouring component contains exclusively flavouring substances as defined in Article 1(2)(b)(i) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive.

4.  If the name of the flavouring contains a reference to the vegetable or animal nature or origin of the incorporated substances, the word ‘natural’ or any other word having substantially the same meaning may not be used unless the flavouring component has been isolated by appropriate physical processes, enzymatic or microbiological processes or traditional food-preparation processes solely or almost solely from the food or the flavouring source concerned.

Part E – Designation of compound ingredients

1.  A compound ingredient may be included in the list of ingredients, under its own designation in so far as this is laid down by law or established by custom, in terms of its overall weight, and immediately followed by a list of its ingredients.

2.  The list of ingredients for compound ingredients shall not be compulsory:

   (a) where the composition of the compound ingredient is defined in current Union legislation, and in so far as the compound ingredient constitutes less than 2 % of the finished product; however, this provision shall not apply to food additives, subject to the provisions of Article 21(a) to (d); or
   (b) for compound ingredients consisting of mixtures of spices and/or herbs that constitute less than 2 % of the finished product, with the exception of food additives, subject to the provisions of Article 21(a) to (d); or
   (c) where the compound ingredient is a food for which a list of ingredients is not required under Union legislation.

ANNEX VII

QUANTITATIVE INDICATION OF INGREDIENTS

1.  The quantitative indication shall not be required:

  (a) in respect of an ingredient or category of ingredients:
   (i) the drained net weight of which is indicated in accordance with point 5 of Annex VIII; or
   (ii) the quantities of which are already mandatory on the labelling under Union provisions; or
   (iii) which is used in small quantities for the purposes of flavouring; or
   (iv) which, while appearing in the name of the food, is not such as to govern the choice of the consumer in the country of marketing because the variation in quantity is not essential to characterise the food or does not distinguish it from similar foods; or
   (b) where specific Union provisions stipulate precisely the quantity of an ingredient or of a category of ingredients without providing for the indication thereof on the labelling; or
   (c) in the cases referred to in points 4 and 5 of Part A of Annex VI.

2.  Article 23(1)(a) and (b) shall not apply in the case of:

   (a) any ingredient or category of ingredients covered by the indication ‘with sweetener(s)’ or ‘with sugar(s) and sweetener(s)’ if that indication accompanies the name of the food, pursuant Annex III; or
   (b) any added vitamin and mineral if that substance is subject to a nutrition declaration.

3.  The indication of quantity of an ingredient or category of ingredients shall:

   (a) be expressed as a percentage, which shall correspond to the quantity of the ingredient or ingredients at the time of its/their use; and
   (b) appear either in or immediately next to the name of the food or in the list of ingredients in connection with the ingredient or category of ingredients in question.

4.  By way of derogation from point 3,

   (a) where foods have lost moisture following heat treatment or other treatment, the quantity shall be expressed as a percentage which shall correspond to the quantity of the ingredient(s) used, related to the finished product, unless that quantity or the total quantity of all the ingredients indicated on the labelling exceeds 100 %, in which case the quantity shall be indicated on the basis of the weight of the ingredient(s) used to prepare 100 g of finished product;
   (b) the quantity of volatile ingredients shall be indicated on the basis of their proportion by weight in the finished product;
   (c) the quantity of ingredients used in concentrated or dehydrated form and reconstituted during manufacture may be indicated on the basis of their proportion by weight as recorded before their concentration or dehydration;

(d)  in the case of concentrated or dehydrated foods which are intended to be reconstituted by the addition of water, the quantity of the ingredients may be indicated on the basis of their proportion by weight in the reconstituted product.

ANNEX VIII

NET QUANTITY DECLARATION

1.  The net quantity shall not be mandatory in the case of foods:

   (a) which are subject to considerable losses in their volume or mass or which are non-prepacked and sold by number or weighed in the presence of the purchaser; or
   (b) the net quantity of which is less than 5 g or 5 ml; however, this provision shall not apply to spices and herbs; or
   (c) for which exemptions are laid down in other legal provisions.

2.  Where the indication of a certain type of quantity (such as the nominal quantity, minimum quantity, average quantity) is required by Union provisions or, where there are none, by national provisions, this quantity shall be regarded as the net quantity for the purposes of this Regulation.

3.  Where a prepacked item consists of two or more individual prepacked items containing the same quantity of the same product, the net quantity shall be indicated by mentioning the net quantity contained in each individual package and the total number of such packages. The indication of those particulars shall not, however, be mandatory where the total number of individual packages can be clearly seen and easily counted from the outside and where at least one indication of the net quantity contained in each individual package can be clearly seen from the outside.

4.  Where a prepacked item consists of two or more individual packages which are not regarded as units of sale, the net quantity shall be given by indicating the total net quantity and the total number of individual packages.

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

For the purposes of this point, ‘liquid medium’ shall mean the following products, possibly in mixtures and also where frozen or quick-frozen, provided that the liquid is merely an adjunct to the essential elements of that preparation and is thus not a decisive factor for the purchase: water, aqueous solutions of salts, brine, aqueous solutions of food acids, vinegar, aqueous solutions of sugars, aqueous solutions of other sweetening substances, fruit or vegetable juices in the case of fruit or vegetables.

ANNEX IX

ALCOHOLIC STRENGTH

The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of alcohol shall be indicated by a figure to not more than one decimal place. It shall be followed by the symbol ‘% vol.’ and may be preceded by the word ‘alcohol’ or the abbreviation ‘alc’.

The alcoholic strength shall be determined at 20 °C.

Positive and negative allowed tolerances in respect of the indication of the alcoholic strength by volume and expressed in absolute values shall be as listed in the following table. They shall apply without prejudice to the tolerances deriving from the method of analysis used for determining the alcoholic strength.

Description of beverage

Positive or negative tolerance

1. Beers having an alcoholic strength not exceeding 5,5 % vol.; beverages classified under subheading 22.07 B II of the Common Customs Tariff and made from grapes

0,5 % vol.

2. Beers having an alcoholic strength exceeding 5,5 % vol.; beverages classified under subheading 22.07 B I of the Common Customs Tariff and made from grapes; ciders, perries, fruit wines and the like, obtained from fruits other than grapes, whether or not semi-sparkling or sparkling; beverages based on fermented honey

1 % vol.

3. Beverages containing macerated fruit or parts of plants

1,5 % vol.

4. Any other beverages containing more than 1,2 % by volume of alcohol

0,3 % vol.

ANNEX X

REFERENCE INTAKES

Part A – Daily reference intakes for vitamins and minerals (adults)

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

Vitamin A (µg)

800

Chloride (mg)

800

Vitamin D (µg)

5

Calcium (mg)

800

Vitamin E (mg)

12

Phosphorus (mg)

700

Vitamin K (µg)

75

Iron (mg)

14

Vitamin C (mg)

80

Magnesium (mg)

375

Thiamin (Vitamin B1) (mg)

1,1

Zinc (mg)

10

Riboflavin (mg)

1,4

Copper (mg)

1

Niacin (mg)

16

Manganese (mg)

2

Vitamin B6 (mg)

1,4

Fluoride (mg)

3,5

Folic acid (µg)

200

Selenium (µg)

55

Vitamin B12 (µg)

2,5

Chromium (µg)

40

Biotin (µg)

50

Molybdenum (µg)

50

Pantothenic acid (mg)

6

Iodine (µg)

150

Potassium (mg)

2000

2.  Significant amount of vitamins and minerals

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

Part B – Daily reference intakes for energy and selected nutrients other than vitamins and minerals (adults)(58)

Energy or nutrient

Reference Intake

Energy

▌2 000 kcal ▌

Protein

80 g

Total fat

70 g

Saturates

20 g

Carbohydrate

230 g

Sugars

90 g

Salt

6 g

ANNEX XI

CONVERSION FACTORS

Conversion factors for the calculation of energy

The energy value to be declared shall be calculated using the following conversion factors:

‐ carbohydrate (except polyols)

4 kcal/g ▌

‐ polyols

2,4 kcal/g ▌

‐ protein

4 kcal/g ▌

‐ fat

9 kcal/g ▌

‐ salatrims

6 kcal/g ▌

‐ alcohol (ethanol)

7 kcal/g ▌

‐ organic acid

3 kcal/g ▌

ANNEX XII

EXPRESSION AND PRESENTATION OF NUTRITION DECLARATION

Part A – Expression of the nutrition declaration

The units to be used in the nutrition declaration shall be the following:

‐ energy

kJ and kcal

‐ fat

grams (g)

‐ carbohydrate

‐ fibre

‐ protein

‐ salt

‐ vitamins and minerals

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

‐ other substances

units as appropriate for the individual substances concerned

Part B – Order of presentation of nutrition declaration on components of carbohydrate and fat

1.  Where polyols and/or starch are declared, this declaration shall be included in the following order:

carbohydrate

g

of which:

‐ sugars

g

‐ polyols

g

‐ starch

g

2.  Where the amount and/or type of fatty acid is declared, this declaration shall be included in the following order:

fat

g

of which:

‐ saturates

g

‐ trans fats

g

‐ mono-unsaturates

g

‐ polyunsaturates

g

Part C – Order of presentation of energy and nutrients appearing in a nutrition declaration

The order of presentation of the information on the energy and nutrients, as appropriate, shall be the following:

energy

▌ kcal

fat

g

saturates

g

sugar

g

salt

g

protein

g

carbohydrate

g

fibre

g

natural transfats

g

artificial transfats

g

energy

▌ kcal

mono-unsaturates

g

polyunsaturates

g

polyols

g

cholesterol

g

starch

g

vitamins and minerals

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

other substances

units as appropriate for the individual substances concerned

(1) OJ C 77, 31.3.2009, p. 81.
(2) OJ C 77, 31.3.2009, p. 81.
(3) Position of the European Parliament of 16 June 2010.
(4) OJ L 31, 1.2.2002, p. 1.
(5) OJ L 149, 11.6.2005, p. 22.
(6)6 OJ L 109, 6.5.2000, p. 29.
(7) OJ L 276, 6.10.1990, p. 40.
(8) OJ L 113, 30.4.1987, p. 57.
(9) OJ L 300, 23.11.1994, p. 14.
(10) OJ L 69, 16.3.1999, p. 22.
(11) OJ L 191, 19.7.2002, p. 20.
(12) OJ L 97, 1.4.2004, p. 44.
(13) OJ L 162, 30.4.2004, p. 76.
(14) OJ C 187 E, 24.7.2008, p. 160.
(15) OJ L 179, 14.7.1999, p. 1.
(16) OJ L 39, 13.2.2008, p. 16.
(17) OJ L 302, 19.10.1993, p. 1.
(18) OJ L 253, 11.10.1993, p. 1.
(19) OJ L 404, 30.12.2006, p. 9.
(20) OJ L 165, 30.4.2004, p. 1.
(21) OJ L 404, 30.12.2006, p. 26.
(22) OJ L 184, 17.7.1999, p. 23.
(23)* Date of entry into force of this Regulation.
(24)** 18 months after the date of entry into force of this Regulation.
(25) OJ L 139, 30.4.2004, p. 1.
(26) OJ L 40, 11.2.1989, p. 27.
(27) OJ L 184, 15.7.1988, p. 61.
(28) OJ L 139, 30.4.2004, p. 55.
(29) OJ L 178, 17.7.2000, p. 1.
(30) OJ L 247, 21.9.2007, p. 17.
(31) OJ L 91, 7.4.1999, p. 29.
(32) OJ L 401, 30.12.2006, p. 1.
(33) OJ L 339, 6.12.2006, p. 16.
(34) OJ L 144, 4.6.1997, p. 19.
(35)* Five years after the date of entry into force of this Regulation.
(36) OJ L 176, 6.7.1985, p. 18.
(37) OJ L 183, 12.7.2002, p. 51.
(38) OJ L 229, 30.8.1980, p. 1.
(39) OJ L 186, 30.6.1989, p. 27.
(40)* Five years after the date of entry into force of this Regulation.
(41)* Five years after the date of entry into force of this Regulation.
(42) OJ L 204, 21.7.1998, p. 37.
(43)* Date of entry into force of this Regulation.
(44)* Date of entry into force of this Regulation.
(45)** Five years after the date of entry into force of this Regulation.
(46)* Date of the first day of the month 36 months after the date of entry into force of this Regulation.
(47)** Date of entry into force of this Regulation.
(48)*** Date of the first day of the month 60 months after the date of entry into force of this Regulation.
(49) And the products thereof, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by the Authority for the relevant product from which they originated.
(50) The level shall apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers.
(51) OJ L 66, 13.3.1999, p. 26.
(52) The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the muscles of the head (other than the masseters), the muscles of the carpus, the tarsus and the tail are excluded.
(53) For labelling in English, this designation may be replaced by the generic name of the ingredient for the animal species concerned.
(54) The connective tissue content is calculated on the basis of the ratio between collagen content and meat protein content. The collagen content means the hydroxyproline content multiplied by a factor of 8.
(55) For labelling in English, this designation may be replaced by the generic name of the ingredient for the animal species concerned.
(56) Only for processed cheeses and products based on processed cheeses.
(57) The specific name or EC number shall not be required to be indicated.
(58) The reference intakes are indicative values; they will be laid down more precisely by the European Food Safety Authority.


EU 2020
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European Parliament resolution of 16 June 2010 on EU 2020
P7_TA(2010)0223RC-B7-0348/2010

The European Parliament,

–  having regard to the informal European Council of 11 February 2010,

–  having regard to the public consultation on EU 2020 launched by the Commission, and its outcome (SEC(2010)0116),

–  having regard to the Commission's evaluation of the Lisbon Strategy (SEC(2010)0114),

–  having regard to the European Council document entitled ’Seven steps to deliver on the European strategy for growth and jobs’,

–  having regard to its resolution of 10 March 2010 on EU 2020(1),

–  having regard to Rule 110(4) of its Rules of Procedure,

A.  whereas, considering the persisting gravity of the financial, economic and social crisis, the expectations regarding the new EU 2020 strategy to be approved by the European Council in June 2010 are very high,

B.  whereas many Member States are still facing rising unemployment, which may eventually affect up to 28 million people in the EU in the absence of an adequate policy response over the medium term, thereby generating immense social and human difficulties; whereas the crisis has been wiping out millions of jobs and has aggravated employment insecurity,

C.  whereas a more sustainable pattern of production, distribution and consumption is a fundamental requirement in the face of climate change, the loss of biodiversity and the depletion of natural resources,

D.  whereas the Commission communication and the Council statements on aspects of the content of the EU 2020 strategy, such as the headline targets, flagship proposals, bottlenecks and indicators, have been of a very general nature and the Commission therefore urgently needs to come forward with more detailed plans to clarify how these initiatives will be implemented successfully, and to present such plans to Parliament,

E.  whereas, in order to achieve results, European tasks and responsibilities must be shared in a well orchestrated way between European, national, regional and local levels of governance, all levels of governance must be of the highest quality and accountability, and all the important drivers of change – businesses and universities working in partnership with local and regional authorities and civil society – should play a key role in the new delivery mechanism,

F.  whereas it is important to consider the demographic crisis and its consequences, and future generations ought not to be sacrificed to maintain the established benefits of a previous generation,

General remarks

1.  Expresses its disappointment at the main elements of the new EU 2020 strategy agreed by the European Council on 26 March 2010; urges the European Council to draw lessons from the current crisis and to define a truly far-sighted, ambitious and coherent strategy;

2.  Calls for the EU 2020 strategy to pursue a broad political concept for the future of the EU as a competitive, social and sustainable Union putting people and the protection of the environment at the centre of policy making;

3.  Takes the view that Member States should step up their economic performance by introducing structural reforms in order to optimise public expenditure, decrease bureaucracy, empower citizens, encourage entrepreneurship and innovation, make legislation more SME-friendly and provide people with the opportunity to maximise their potential;

4.  Recognises that, to prevent the responses to the euro crisis resulting in a lengthy period of economic stagnation, the Union should, at the same time, implement a strategy to accelerate sustainable economic growth, alongside reforms aimed at restoring and improving competitiveness;

5.  Deplores the fact that the European Council conclusions do not take into account the need to reflect the current fragile recovery process fully in a new 2020 strategy, by formulating a coherent policy agenda and comprehensively integrating macroeconomic policy into the strategy to ensure that it is not undermined by necessary budgetary consolidation;

6.  Deplores the fact that Parliament, as a representative institution of the citizens of Europe, has not been consulted on the indicators that are the basis of the EU 2020 National Reform Programme; urges the Council to endorse the key elements of the EU 2020 strategy at its June meeting but insists that it should not adopt final decisions on the key instruments, targets and indicators of the EU 2020 strategy without having properly consulted Parliament as soon as possible; in the same spirit, takes the view that national parliaments, regions, municipalities, the social partners and NGOs should be actively involved in defining and implementing the strategy;

Bottlenecks and headline targets

7.  Notes the five headline targets agreed by the European Council on employment rate, research and development, greenhouse gas emissions, education levels and social inclusion; stresses that these headline targets should be formulated in the framework of a consistent and coherent sustainable development strategy combining the economic, social and environmental policy agendas;

Relaunching the single market

8.  Emphasises that the single market is one of the main drivers of European growth and that it still needs to be fully completed; points out, too, that the persistence of certain obstacles to the free circulation of people, goods, services and capital calls for a further effort on the part of all European institutions so as to create a fair, better, more competitive and more effective single market;

9.  Emphasises that it is important to keep free trade and access to the global market at the core of policy making and to eschew any movement towards protectionism, as innovative entrepreneurs and companies can thrive in a free and global market;

10.  Stresses that bolder initiatives are needed to complete the single market and to win greater public acceptance for it; therefore welcomes the report drafted by Mario Monti, which, like Parliament's resolution of 20 May 2010(2), contains interesting proposals for building consensus and delivering a stronger single market;

11.  Believes that, in order to establish an effective single market, the Commission must produce a clear set of political priorities through the adoption of a ’Single Market Act’, which should cover both legislative and non-legislative initiatives designed to create a highly competitive social market economy;

SMEs in a social market economy

12.  Emphasises that the EU should stimulate and encourage SMEs and entrepreneurship, which are crucial to job conservation and creation, that it should reduce administrative and regulatory burdens and simplify rules so that SMEs can grow more rapidly by freely commercialising their products/services to the 500 million consumers who make up the EU single market, and that it must further reduce red tape; likewise, stresses the importance of achieving full implementation of the Small Business Act through political efforts at all levels;

13.  Underscores the fact that SMEs are the backbone of the social market economy, creators of jobs and essential players in reinvigorating sustainable economic growth, and that priority should therefore be given to further efforts in the area of reform, such as SME-friendly legislation, creating a vibrant environment for start-ups, encouraging entrepreneurship and improving access to finance; is furthermore of the opinion that the EU 2020 strategy should include targets and initiatives to encourage increased average levels of equity and venture capital in companies;

14.  Points out that micro-businesses can often help in combating unemployment, and setting up a business is often a way to succeed despite social inertia, that the first pre-condition for the development of SMEs is their ability to raise adequate funds for their activities, and that maintaining guarantee mechanisms for SMEs, dynamic second markets and a banking sector that promotes economic activity in Europe are prerequisites for the development of SMEs;

Employment target

15.  Reiterates that high-quality employment should be a key priority in a 2020 strategy and that a stronger focus on properly functioning labour markets and on social conditions is vital to improve employment performance; calls, therefore, for a new agenda to promote decent work, ensure workers’ rights throughout Europe and improve working conditions;

16.  Believes that the new strategy must put more emphasis on decent work, including the fight against undeclared work, and on ensuring that people who are currently excluded from the labour market can gain access to it;

17.  Believes that the new strategy should encourage labour markets which improve incentives and conditions for people at work while, at the same time, increasing the incentives for employers to recruit and retain staff;

Research target

18.  Urges the Commission and the Member States to retain the overall target of 3% of GDP for R&D; calls on the Member States to make better use of the potential for synergy between cohesion-policy funding and R&D funding and to ensure that these instruments translate into innovation that delivers real benefits to society;

19.  Emphasises that major R&D projects, key energy infrastructure investments and the new EU competence on space policy, as well as EU innovation policy, require solid, credible and sustainable EU financial support if the Union's key 2020 objectives are to be met;

20.  Points out that Europe must further strengthen its potential in terms of skilled workers, science, research and technology, and thus its capacity to innovate, as key aspects of competitiveness, and that the knowledge triangle must remain at the heart of the EU 2020 strategy;

21.  Takes the view that, to make European research more efficient, it is crucial that existing structures are better streamlined and that a more research-friendly and innovation-friendly investment climate is created in both the public and the private sector; calls on the Commission to put forward practical measures to improve access to financing, and especially the availability of risk capital;

Climate/energy targets

22.  Deplores the fact that the European Council's headline targets on greenhouse gas emissions, renewables and energy efficiency lack ambition and, in this respect, are not geared towards leadership in a world which is facing climate change and serious natural resource depletion and where global ecosystems are on the verge of collapse; calls, therefore, for the immediate and simultaneous adoption of the following binding targets for the EU:

   (a) a domestic greenhouse gas reduction target of 30% for 2020 and substantial further reduction in the long run provided that other countries are also ready to commit themselves to taking adequate action;
   (b) a resource-efficiency improvement target;
   (c) a 20% reduction target for energy consumption and an increase in the share of renewable energies to at least 20% by 2020, while removing technical and non-technical barriers to the further development of sustainable renewable energies, as a first step towards creating, by 2050, a non-CO2-emitting, highly efficient economy mostly based on renewable energies;
   (d) measurable targets geared towards halting the loss of biodiversity and ecosystem services and restoring them where possible by 2020;

Education target

23.  Notes the headline target on improving education; deplores the absence of numerical targets and urges the European Council to set a 100% target for secondary education, as well as clear qualitative targets and indicators for primary and secondary education;

24.  Asks Member States to adopt the ambitious targets set out in the Commission's communication on EU 2020 so that, by 2020, school drop-out rates should be below 10% of the age cohort and at least 40% of the population should have completed tertiary or equivalent education;

25.  Stresses the need for robust lifelong-learning policies whereby training opportunities should be encouraged and should be available to individuals throughout their professional life; points out that it will be necessary to maintain the number of active people on the labour market and to strengthen social inclusion;

Poverty target

26.  Insists that the EU 2020 strategy should include a target for reducing poverty in the EU by half, and points out that a majority of Europeans currently living in poverty, or at risk of poverty, are women, in particular older women, migrant women, single mothers and carers;

27.  Welcomes the European Council proposals on social inclusion, particularly and as a priority through the reduction of poverty, and stresses the need for clear targets and initiatives; considers this goal as one of the main objectives of the EU 2020 strategy; calls for an ambitious long-term strategy against poverty, with far-reaching targets for poverty reduction, social inclusion – including for women, children and the elderly – and for combating in-work poverty; stresses the need for a target for reducing the number of jobless households;

Gender equality

28.  Deplores the fact that the headline targets defined by the European Council do not include gender equality; calls for a programme for gender equality to eradicate the existing pay gap between men and women and to ensure full participation by women in the labour market and in politics, while promoting women's career opportunities; stresses the need for better conditions with a view to reconciling work and family life;

Flagship initiatives
Flagship initiative: ’Innovation Union’

29.  Considers that successful implementation of the new flagship ’Innovation Union’ initiative is vital in order to boost the knowledge-based economy; calls on the Commission to increase the total financial envelope earmarked for research and innovation in the Community budget;

30.  Underlines the importance of simplifying research and development funding and cutting red tape, so that knowledge-driven businesses can maximise their effectiveness and new employment opportunities can be encouraged;

31.  Urges the Commission to improve conditions for innovation, e.g. by introducing the single EU patent; argues that well-intended programmes aimed at boosting competitiveness and shaping a sustainable economy are not working properly, and believes that SMEs, universities and businesses should be encouraged to participate in European programmes;

32.  Considers that explicit targets should be set for SME-compatible funding tools, to guarantee digital interoperability and accessibility, and that they should clearly include EU targets for eco-innovation;

33.  Considers that there is significant untapped potential for promoting innovation via public procurement; therefore urges the Commission and Member States to emphasise the importance of innovative public procurement in helping to meet R&D goals, the role it plays in encouraging research-based SMEs and the potential it has in terms of delivering high-quality public services and meeting climate change goals;

Flagship initiative: ’Youth on the Move’

34.  Emphasises that Parliament has also identified youth as a key priority for the 2011 budget and has clearly expressed its intention to afford further financial support to all major programmes in that field;

35.  Stresses that, to address the issue of high youth unemployment, more emphasis should be placed on ensuring training and job opportunities for every young person, on lowering the thresholds for young people to enter a first job and on setting up EU programmes to promote entrepreneurship among young people at all stages of education;

36.  Considers that higher education is a major driver for economic and social development, innovation and growth, and that greater emphasis should therefore be put on the follow-up to the Bologna Process and the implementation by Member States of the agreed principles across the European Higher Education Area;

Flagship initiative: ’A Digital Agenda for Europe’

37.  Welcomes the recent ambitious proposals by the Commission on the Digital Agenda and urges the Member States to fully implement these initiatives;

38.  Stresses the immense job potential of the ICT sector and its key role in making Europe a resource-efficient and energy-efficient economy; points out that competition in the sector fosters innovation, and highlights the need for competitive markets, open to new players, to facilitate the deployment of new, innovative technologies; stresses the importance of continuing efforts to afford ubiquitous high-speed access to fixed and mobile broadband, on fair terms and at competitive prices for all citizens and consumers, irrespective of their whereabouts; calls on the Commission and the Member States to promote all available policy instruments to achieve broadband access for all European citizens, including national targets for broadband and high-speed coverage and special programmes to increase children's computer literacy through the use of computers in schools;

39.  Notes that Europe's Digital Agenda will impact crucially on the fields of culture, media and education and that an integrated, rather than a compartmentalised, approach is therefore required; considers it vital to devote attention to the impact of new media, e.g. through a commitment to fostering e-skills, and to the question of online content, alongside internal-market, economic and technical considerations, in all policy initiatives relating to the Digital Agenda;

40.  Notes, however, that the free movement of digital services is currently impeded by fragmented rules at national level;

41.  Considers that the creative industry also plays an important role within the digital environment in fostering cultural diversity in the EU;

Flagship initiative: ’Resource-efficient Europe’

42.  Considers that the environmental aspects of the EU 2020 strategy are generally too weak and need to be strengthened; urges that clear and measurable environmental goals be built into the main targets of the strategy, with emphasis on halting the loss of biodiversity;

43.  Considers that the EU 2020 strategy should be geared towards meeting the Union's long-tem goals of cutting greenhouse gas emissions by 80% by 2050, in particular by increasing energy efficiency and cutting waste to improve Europe's competitive position and reduce costs;

44.  Takes the view that enhancing resource efficiency should be a priority throughout the strategy, and that particular attention must be paid to the effects of ever-increasing oil prices and to the limited supply of precious metals vital to electronics generally and to battery production for electric cars in particular;

45.  Considers that innovation needs to be vigorously pursued in order to achieve the goals of environmental improvement, resource-use efficiency and cost reduction, and that the setting of legal targets and the introduction of regulatory measures are the most effective means of promoting such innovation;

46.  Believes that the rules for distribution of the EU structural funds should be adjusted to take account of the need to promote innovation that reduces costs and improves resource use;

Flagship initiative: ’Clean and efficient energy’

47.  Underlines that sustainable production processes, coupled with resource efficiency and an integrated energy policy, and the further development of renewable energy sources will enable the EU not only to meet its climate and energy targets but also to maintain a strong manufacturing base in Europe and to boost competitiveness, growth and employment;

48.  Deplores the lack of any ambition, in the EU 2020 strategy, to develop a truly common European energy policy; stresses that, although a functioning internal market is a key goal for Europe – and the third energy package needs to implemented rapidly – overemphasis on this aspect of Europe's energy policy is to the detriment of the other two objectives of ’sustainable development’ and ’security-of-supply’; recalls that the internal market cannot be dealt with separately from the external dimension, and that Europe needs a common European energy policy in order to have a real effect on security of energy supply, climate change and affordability of energy;

49.  Highlights the fact that not only is energy efficiency the most cost-effective way of reducing greenhouse gas emissions and enhancing energy security, but it could also create a significant number of jobs by 2020; calls, therefore, on the Commission and the Member States to put energy efficiency at the top of the EU agenda, including in budgetary terms; more specifically, calls for the implementation of existing legislation to be stepped up and for a timely and ambitious proposal for the new European Efficiency Action Plan, including revision of the energy services directive and the introduction of a binding energy efficiency target;

50.  Notes that, to tackle the climate challenge, substantial investments in energy infrastructure will be needed before 2020 and beyond, including investment in the upgrading of Europe's energy networks, a truly European, smart energy super-grid, green corridors, interconnections, completing the Galileo project, green technology, e-health, the Trans-European Transport Network (TEN-T) programme and free and equitable access to ICT and broadband; further points out that it is essential to complete the internal energy market and to encourage Member States to implement rapidly the third energy package in order to stimulate economic growth, market opening and the improvement of consumer rights and to enhance the EU's security of energy supply; considers it essential to pursue these initiatives, in order to stimulate the internal energy market and integrate an increasing share of renewable sources of energy, and also to develop further major infrastructure projects in third countries, notably in the Mediterranean and Eurasian regions; notes that renewable energy sources are the best indigenous energy resources of our continent, and calls, therefore, for ambitious implementation measures to meet Member States’ renewable-energy obligations;

51.  Points out that the Union needs to invest more efficiently in existing transport infrastructures, such as TEN-T, to boost job creation, improve social and territorial cohesion and create a sustainable and interoperable transport system; calls for an interplay between transport modes and the smart use of logistics, since de-carbonising the transport sector and making it sustainable will require innovation, new technologies and financial resources;

Flagship initiative: ’An industrial policy for the globalisation era’

52.  Strongly supports an industrial policy for creating the best environment to maintain and develop a strong, competitive and diversified industrial base in Europe; welcomes, and highlights, the fact that such a policy covers the industrial sector in its entirety and that its main objective is to create appropriate framework conditions;

53.  Calls for a transformation of European industry through a European sustainable industrial policy geared towards the creation of sustainable jobs and the amelioration of resource efficiency and resource use; believes that the sustainable development of European industry requires intensive dialogue with employees and workers; reiterates that this transition will require measures to help workers make the transition towards a new environmentally sustainable economy;

54.  Makes the point that EU 2020 should disclose the costs and benefits of the conversion to a sustainable, energy-efficient economy and notes that facilitating industry's adjustment to structural change is an objective of the Union and the Member States;

55.  Reiterates its request that adequate financing be secured to support clean, sustainable and efficient low-carbon energy technologies, amounting to total spending from the EU budget of at least EUR 2 billion annually, in addition to FP7 and CIP, from 2010 onwards; calls, in this context, for the Commission and the Member States to establish a timetable for their funding commitments, as a matter of urgency, to ensure that funds start flowing from 2010 for the various initiatives of the SET plan, as well as complementary initiatives;

Flagship Initiative: ’An agenda for new skills and jobs’

56.  Considers it important to look at Europe's diminishing competitiveness on a global scale, and that, bearing in mind projected long-term labour shortages, it is also important to look beyond the crisis and to explore European schemes offering scope for knowledge migration and the prevention of a European ’brain drain’;

57.  Believes that tackling youth unemployment and fostering an effective matching of skills and market needs should be focal points of policy and, to that end, there is a need to facilitate cross-border mobility for students and researchers, via exchanges, and to boost internships in order to enhance the international attractiveness of Europe's higher education institutions; considers that Europe's commitment to education should find practical expression in the EU 2020 strategy, and welcomes the Commission's initiative to include numerical targets for education in the strategy;

58.  Calls on the Member States, the Council and the Commission, with Parliament, to adopt by the end of the year an ambitious green jobs strategy, setting out the framework conditions for tapping the employment potential of a more sustainable economy based on skills and innovation, and ensuring that the transition towards such an economy is supported by training, lifelong learning and social security for all;

Flagship initiative: ’European Platform against Poverty’

59.  Welcomes the Commission's proposal for a platform against poverty but stresses that the fight against poverty must be stepped up; in this regard, considers that the EU 2020 strategy should explicitly include ambitious targets for reducing inequality and, more specifically, the gap between rich and poor; considers, therefore, that poverty must be measured as ’relative poverty’ to help identify those at risk of exclusion;

60.  Believes that the choice of indicators for poverty and social inclusion should reflect the need to reduce poverty by getting individuals, in particular women, involved in the labour market; calls, therefore, for the development of new instruments for measuring the link between exclusion from the labour market and poverty at individual level; stresses that social services are crucial to the pursuit of social inclusion;

Cohesion policy

61.  Considers that a strong and well-financed cohesion policy, embracing all European regions, should be fully in line with the EU 2020 strategy and that such a policy, with its horizontal approach, is a pre-condition for successful attainment of the EU 2020 goals, as well as for achieving social, economic and territorial cohesion; urges, therefore, that the rules for implementing cohesion policy should be further simplified in the interests of user-friendliness, accountability and a more responsive approach to future challenges and to the risk of economic crises;

62.  Considers that the global crisis should be used as an opportunity to re-found our European social market economy as a model of society based on sustainability, solidarity, knowledge, a decisive decrease in poverty and the creation of jobs, and that the EU 2020 strategy should develop the employment potential of the transition towards a sustainable economy;

Common Agricultural Policy

63.  Points out that CAP reform by 2013 and a sustainable forestry strategy should be considered within the framework of the EU 2020 strategy; is convinced that, with the right policy framework and adequate budgetary resources, agriculture and forestry can play an important role in an overall European strategy to secure economic recovery, while at the same time contributing to EU and global food security, preserving the rural landscape, which accounts for 90% of the EU's territory, ensuring the protection of jobs in rural areas, securing environmental benefits and making an important contribution to the search for alternative resources;

External action by the European Union

64.  Stresses that more attention should be paid to the external dimension of the EU 2020 strategy; urges the Commission to take a broader and more comprehensive approach in its external action, in line with the EU concept of policy coherence for development; calls on the Commission to use its trade strategy for EU 2020 to promote the Union's core values, such as the promotion of human rights, democracy, the rule of law and fundamental freedoms and the defence of the environment;

65.  Emphasises that the Commission should shape its trade strategy for EU 2020 so as to transform EU trade policy into a genuine vehicle for job creation and sustainable development worldwide, and that it should envisage, at an early stage, an open dialogue with Parliament and civil society on the EU priorities for the post-Doha era, in particular social and environmental standards and WTO reform;

o
o   o

66.  Instruct its President to forward this resolution to the European Council and the Commission.

(1) Texts adopted, P7_TA(2010)0053.
(2) Texts adopted, P7_TA(2010)0186.


Economic governance
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European Parliament resolution of 16 June 2010 on economic governance
P7_TA(2010)0224RC-B7-0349/2010

The European Parliament,

–  having regard to the informal European Council of 11 February 2010,

–  having regard to its resolution of 10 March 2010 on EU 2020(1),

–  having regard to the meeting of the Heads of State and Government of the eurozone countries and of the Ecofin Council on the European Financial Stabilisation Mechanism,

–  having regard to the Commission communication of 12 May 2010 on reinforcing economic policy coordination (COM(2010)0250),

–  having regard to the six reports adopted in its Committee on Economic and Monetary Affairs on 10 May 2010,

–  having regard to the work of its Special Committee on the Financial, Economic and Social Crisis,

–  having regard to Rule 110(4) of its Rules of Procedure,

A.  whereas the current financial and economic crisis shows that stronger economic and monetary governance is necessary,

B.  whereas the EU 2020 strategy should promote economic growth and create jobs, and whereas the 4% drop in GDP, falling industrial production and a total of more than 23 million unemployed women and men represent an important social and economic challenge,

A European Financial Stabilisation Mechanism to guarantee the stability of the euro as an important first step

1.  Considers that the agreement reached on 9 May 2010 to establish a European Financial Stabilisation Mechanism to help both eurozone and non-eurozone countries in financial difficulty represents a crucial moment in European history; deplores the fact that European policymakers did not take decisive action earlier, despite the deepening financial crisis;

2.  Reminds the Commission and the Member States that Parliament will have to give its approval should the Commission and Council seek to apply the European Financial Stabilisation Mechanism on the international capital markets;

3.  Considers the agreement to be an important first step towards giving the European Union a more robust and sustainable economic and monetary policy framework;

4.  Stresses that the recent events show that the eurozone is in need of bolder economic governance and that a monetary pillar without a social and economic pillar is doomed to fail;

The European Union needs to reform its system of economic governance to be better prepared for future crises

5.  Underlines that in order to restore sound growth rates and achieve the objective of sustainable economic development and social cohesion priority should be given to dealing with persistent and significant macroeconomic imbalances and disparities in competitiveness; welcomes the recognition of this necessity by the Commission in its communication on economic policy coordination;

6.  Calls on the Task Force established by the European Council in March 2010 to speed up its work and, before September 2010, to come forward with concrete proposals, based on the Community method, on deeper and broader economic coordination;

7.  Points out that the long-term sustainability of public finances is essential for stability and growth; welcomes the Commission proposals to strengthen the management of the eurozone in the medium and long term, which are designed to prevent any repetition of the current currency crisis, and shares its view that the Stability and Growth Pact requires more effective incentive and penalty mechanisms;

8.  Deplores the fact, however, that in its proposals on European economic governance the Commission has not come forward with solutions for more targeted economic policy coordination geared towards the development of a common budgetary strategy, in the framework of a comprehensive Europe 2020 strategy, in order to restore and safeguard long- term economic growth rates;

9.  Stresses the fact that achieving sustainable public finances requires not just responsible spending, but also adequate and fair taxation, more effective collection of taxes by national tax authorities and a more intensive fight against tax evasion; in that connection, calls on the Commission to propose a set of measures to help Member States restore the balance of their public accounts and to finance public investment by tapping innovative financial sources;

10.  Stresses the need for European financial supervisors to work closely together, at both micro and macro levels, to ensure effective oversight;

11.  Considers that Eurostat's powers should be enhanced, including through the conferral of investigative powers; considers that open and transparent statistical information should be a precondition for obtaining Structural Fund support; takes the view that the Commission must assume responsibility for evaluating the statistics provided by the Member States;

12.  Calls for the creation of a ’European Monetary Fund’ (EMF) to which eurozone countries would contribute in a manner proportionate to the size of their GDP and through fines determined on the basis of their excessive debt and deficit levels; any Member State would be able to draw from the EMF funds up to the amount it had deposited previously; however, should a country need additional resources or guarantees, it would have to accept a tailor-made reform programme, the implementation of which the Commission would supervise;

13.  Asks the Commission to come up with a macroeconomic impact assessment of the package of measures to preserve financial stability in the European Union and to publish a communication on the feasibility, risks and advantages of issuing Eurobonds;

The European Union needs to reform its system of economic governance to ensure the successful implementation of its forthcoming Europe 2020 strategy

14.  Believes that the governance structure of the Europe 2020 strategy should be strengthened to ensure that, unlike the Lisbon Strategy, it achieves its objectives; therefore deeply deplores the fact that the Commission and the Council have not come forward with proposals in this respect, despite the strong call Parliament made in its resolution of 10 March 2010 on Europe 2020;

15.  Stresses the importance of establishing a stronger link between the instruments of the Stability and Growth Pact, macroeconomic instruments and the Europe 2020 National Reform Programmes by presenting them in a coherent way, thereby also making for enhanced comparability of national budgets as regards spending in different categories; Member States should not only view their respective economic policies as a matter of national interest, but also as a matter of common interest, and should formulate their policies accordingly; reminds the Member States of the enhanced role of the Broad Economic Policy Guidelines;

16.  Considers that, rather than the continuing to rely on the open method of coordination in the economic policy field, broader use of binding measures is necessary to make the new strategy a success;

17.  Believes that the Europe 2020 strategy does not focus sufficiently closely on key issues for Member States to tackle, and stresses that there are major problems regarding the content and management of the ’flagships’ and ’targets’;

18.  Reiterates its earlier calls for a single, integrated development strategy for Europe laying down long-term guidelines for economic growth with a view to building a better, fairer and more sustainable economy providing prosperity for all;

19.  Reiterates its call to integrate overlapping strategies such as the Europe 2020 strategy, the Sustainable Development Strategy and the Stability and Growth Pact; deplores the fact that the European Council has rejected this approach, leaving the problem of policy incoherence unresolved;

20.  Believes that effective economic governance implies endowing the Commission with proper, stronger management responsibility, thereby enabling it to use both existing tools and the new tools provided for by the Lisbon Treaty, such as Articles 121, 122, 136, 172, 173 and 194, which confer on the Commission the task of coordinating reform plans and measures and establishing a common strategy;

21.  Urges the European Council and the Commission to adopt a ’carrot and stick’ approach and use compliance mechanisms in the framework of Article 136 of the Treaty, such as economic incentives (e.g. extra EU funds) and penalties aimed at supporting enhanced EU economic governance and, more specifically, enhanced governance under the Europe 2020 strategy;

22.  Believes that strengthening economic governance must go hand in hand with reinforcing the democratic legitimacy of European governance, which must be achieved through the closer and more timely involvement of the European Parliament and of national parliaments throughout the process; calls, in particular, on the Council and the Commission to make proper use of the provisions of the Lisbon Treaty with regard to Parliament's active involvement in the economic policy field, as defined in Article 121(5) and (6), and calls on the Commission to make detailed proposals establishing regular political and legislative interinstitutional dialogue in this crucial policy area;

The European budget and national reform plans should be consistent with the goals of the Europe 2020 strategy to foster sustainable growth and development

23.  Insists that, if the Europe 2020 strategy is to be credible, greater compatibility and complementarity is needed between the national budgets of the 27 EU Member States and the EU budget; emphasises the greater role the EU budget should play by pooling resources;

24.  Stresses the importance of long-term public or private investments in financing the infrastructure required to implement the flagship initiatives proposed in the Europe 2020 strategy, and invites the Commission to propose measures to adapt the European regulatory framework in order to promote cooperation among long-term investors;

25.  Stresses that the Europe 2020 strategy can only be credible if it is adequately funded and wants to see a more ambitious approach taken in the 2011 draft budget with a view to implementing the Europe 2020 strategy successfully; deplores the fact that 2011 draft budget fails to provide the flagship programmes of the Europe 2020 strategy with sufficient funding; emphasises that greater European Investment Bank (EIB) involvement and greater reliance on Public Private Partnerships (PPP) can be an effective approach, without being a ’one-size-fits-all’ solution; deplores the fact that this issue has not been addressed either by the European Council or by the Commission;

26.  Calls on the Commission to clarify the relationship between Union budget lines and the relevant Europe 2020 strategy objectives; insists that before the end of the first half of 2010 the Commission  should come forward with a proposal to revise the  current Multiannual Financial Framework (MFF) for the period 2007-2013 in order to find extra budgetary resources to achieve the goals of the Europe 2020 strategy;

27.  Requests further information on the implications for the EU budget of the European Financial Stabilisation Mechanism agreed at the Extraordinary Ecofin Council on 9 and 10 May 2010;

28.  Underlines the importance of the revising the current MFF to comply with the conclusions of the European Council of 15 and 16 December 2005 and bring it into line with the requirements of the Lisbon Treaty in order to provide financing for the initiatives outlined in the Europe 2020 strategy as well as the various initiatives taken and political commitments entered into during the current and next MFFs;

29.  Emphasises the requirement that the EU budget should reflect the need to fund the transition towards an environmentally sustainable economy;

The European Parliament asks to be more closely involved in framing the detailed Europe 2020 proposals

30.  Stresses that it will take its decision on the Employment Guidelines once it has received a satisfactory response regarding the governance structure and budgetary framework of the Europe 2020 strategy;

31.  Stresses that the annual policy recommendations and warnings from the Commission regarding compliance by the Member States with the Europe 2020 objectives should be the basis for European Council decisions; takes the view that these reports should be discussed in Parliament before being considered by the European Council;

o
o   o

32.  Instructs its President to forward this resolution to the European Council and the Commission.

(1) Texts adopted, P7_TA(2010)0053.


Setting up and numerical strength of the special committee on the policy challenges and budgetary resources for a sustainable European Union after 2013
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European Parliament decision of 16 June 2010 on setting up a special committee on the policy challenges and budgetary resources for a sustainable European Union after 2013, its powers, numerical composition and term of office
P7_TA(2010)0225B7-0295/2010

The European Parliament,

–  having regard to the decisions taken by the Conference of Presidents on 22 April and 12 and 20 May 2010 proposing the setting up of a special committee on the political challenges and the budgetary means available to the Union after 2013,

–  having regard to Art. 312(5) of the Treaty on the Functioning of the European Union, which stipulates that throughout the procedure leading to the adoption of the financial framework, Parliament, the Council and the Commission shall take any measure necessary to facilitate its adoption,

–  having regard to the need to gather and coordinate the opinions of the various committees concerned and to establish a mandate for the Committee on Budgets for its negotiations with the Council aiming to adopt a regulation containing the future multi-annual financial framework (MFF), and possibly, the definition of supporting measures to be defined in an interinstitutional agreement,

–  having regard to the work undertaken by Parliament's special committee on the financial, economic and social crisis and the need for a follow-up of the work of that committee, especially with regard to support for sustainable and qualitative growth and long-term investments, in order to tackle the long-term effects of the crisis,

–  having regard to Rule 184 of its Rules of Procedure,

1.  Decides to set up a special committee with the following remit:

   (a) to define Parliament's political priorities for the post-2013 MFF, both in legislative terms and budgetary terms;
   (b) to estimate the financial resources necessary for the Union to attain its objectives and carry out its policies for the period starting 1 January 2014;
   (c) to define the duration of the next MFF;
   (d) to propose, in accordance with those priorities and objectives, a structure for the future MFF, indicating the main areas of Union activity;
   (e) to submit guidelines for an indicative allocation of resources between and within the different headings of expenditure of the MFF in line with the priorities and proposed structure;
   (f) to specify the link between a reform of the financing system of the EU budget and a review of expenditure to provide the Committee on Budgets with a sound basis for negotiations on the new MFF;

2.  Decides to establish the special committee for a term of 12 months from 1 July 2010 in order to submit a report to Parliament before the Commission presents its proposal with figures for the next MFF, planned for July 2011;

3.  Recalls that the specific budgetary and legislative proposals will be dealt with by the relevant committees in accordance with Annex VII of its Rules of Procedure;

4.  Decides that the special committee shall have 50 members.

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