Legal provisions of COM(2010)490 - Amendment of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption

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dossier COM(2010)490 - Amendment of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human ...
document COM(2010)490 EN
date April 19, 2012

Contents

Article 1 - Amendments to Directive 2001/112/EC

Directive 2001/112/EC is amended as follows:

(1)in Article 1, the following paragraph is added:

‘The products defined in Annex I are subject to provisions of Union law applicable to food, such as 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 (6), unless this Directive provides otherwise.

(2)Article 2 is deleted;

(3)Article 3 is amended as follows:

(a)point 3 is replaced by the following:

‘3.For products manufactured from two or more fruits, except where lemon and/or lime juice are used under the conditions laid down in point 2 of Part II of Annex I, the product name shall be composed of a list of the fruits used, in descending order of the volume of the fruit juices or purées included, as indicated in the list of ingredients. However, in the case of products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words “several fruits” or a similar wording, or by the number of fruits used.’;

(b)point 4 is deleted;

(4)Article 4 is replaced by the following:

‘Article 4

The labelling of concentrated fruit juice referred to in point 2 of Part I of Annex I, not intended for delivery to the final consumer, shall bear a reference indicating the presence and quantity of added lemon juice, lime juice or acidifying agents permitted by Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (7). This reference shall appear on one of the following:

—on the packaging,

—on a label attached to the packaging, or

—on an accompanying document.

(5)in Article 5, the following paragraph is added:

‘This Directive shall apply to the products defined in Annex I which are placed on the market within the Union in accordance with Regulation (EC) No 178/2002.’;

(6)Article 7 is replaced by the following:

‘Article 7

In order to bring the Annexes to this Directive into line with developments in relevant international standards and to take into account technical progress, the Commission shall be empowered to adopt delegated acts in accordance with Article 7a to amend the Annexes to this Directive, with the exception of Part I of Annex I, and of Annex II.’;

(7)the following Article is inserted:

‘Article 7a

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

2. The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years from 28 October 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council.

A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5. A delegated act adopted pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;

(8)Article 8 is deleted.

(9)the Annexes are replaced by the text set out in the Annex to this Directive.

Article 2 - Transposition

1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive before 28 October 2013. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Member States shall apply those provisions from 28 October 2013.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3 - Transitional measures

1. Products which are placed on the market or labelled before 28 October 2013 in accordance with Directive 2001/112/EC may continue to be marketed until 28 April 2015.

2. The statement ‘from 28 October 2015 no fruit juices contain added sugars’ may appear on the label in the same field of vision as the name of products referred to in points 1 to 4 of Part I of Annex I until 28 October 2016.

Article 4 - Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 5 - Addressees

This Directive is addressed to the Member States.