Directive 2012/12/EU of the European Parliament and of the CouncilShow full title

Directive 2012/12/EU of the European Parliament and of the Council

of 19 April 2012

amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption

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 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) In order to protect the interests of consumers and to enhance the free movement of fruit juices and certain similar products within the Union, Council Directive 2001/112/EC(3) has laid down specific provisions regarding production, composition and labelling of the products concerned. Those rules should be adapted to technical progress and should, as far as possible, take account of developments in relevant international standards, in particular the Codex General Standard for fruit juices and nectars (Codex Stan 247-2005) which was adopted by the Codex Alimentarius Commission during its 28th session held from 4 to 9 July 2005 (‘Codex Standard’). The Codex Standard establishes, in particular, quality factors and labelling requirements for fruit juices and similar products.

(2) Without prejudice to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(4), it is necessary to amend the specific provisions of Directive 2001/112/EC concerning the labelling of fruit juices and similar products to reflect the new rules on authorised ingredients, such as those pertaining to the addition of sugars, which are no longer authorised in fruit juices. For other products, added sugars should continue to be labelled in accordance with Directive 2000/13/EC.

(3) The nutrition claim ‘with no added sugars’, as listed in the Annex to 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(5), has been used in relation to fruit juices for a very long time. In the light of the new compositional requirements for fruit juices provided for in this Directive, its disappearance from one day to the next after a transitional period might not allow an immediate clear distinction to be made between fruit juices and other drinks in terms of the addition of sugars in the products, which would be detrimental to the fruit juices sector. In order to enable the industry to inform consumers properly, it should be possible to use, for a limited time, a statement indicating that no fruit juices contain added sugars.

(4) In order to bring the Annexes to Directive 2001/112/EC into line with developments in relevant international standards and to take into account technical progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending those Annexes, with the exception of Part I of Annex I, and of Annex II. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(5) In order to allow Member States to adopt national laws, regulations and administrative provisions necessary to comply with this Directive, a transposition period of 18 months should be established. During that period the requirements of Directive 2001/112/EC, without the amendments introduced by this Directive, should remain applicable.

(6) In order to take into account the interests of economic operators who place on the market or label their products in accordance with the requirements applicable before the application of the national provisions transposing this Directive, it is necessary to establish appropriate transitional measures. Therefore, this Directive should provide that those products may continue to be marketed for a limited time beyond the transposition period.

(7) Since the objective of this Directive, namely to adapt Directive 2001/112/EC to technical progress whilst taking into account the Codex Standard, 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 Directive does not go beyond what is necessary in order to achieve that objective.

(8) Directive 2001/112/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

(1)

OJ C 84, 17.3.2011, p. 45.

(2)

Position of the European Parliament of 14 December 2011 (not yet published in the Official Journal) and decision of the Council of 8 March 2012 (not yet published in the Official Journal).

(3)

OJ L 10, 12.1.2002, p. 58.

(4)

OJ L 109, 6.5.2000, p. 29.

(5)

OJ L 404, 30.12.2006, p. 9.