Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission consultation, 21 April 2023
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Commission consultation: COM(2023) 201 - Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending ... various 'breakfast directives' A copy of this document is available on this site (click on image). In addition, there is a draft set of Annexes in a separate document - see: COM(2023) 201 Annexes 1 to 2. |
For more details on the consultation and some additional documents, see the consultation page: Agricultural products – revision of EU marketing standard. The consultation is open until 16 June 2023. The following is the opening section from the consultation document:
1. CONTEXT OF THE PROPOSAL
Reasons for and objectives of the proposal
The so-called ‘Breakfast Directives’ are a set of seven Directives [see list at bottom of page] that lay down common rules on the composition, sales name, labelling and presentation of certain foodstuffs so as to protect the interests of consumers and to ensure the free movement of these products within the internal market. They operate in a similar way as the marketing standards laid down for certain agricultural products in accordance with Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/20072, as they contain technical descriptions of agricultural products, their composition, characteristics and the production methods used.
Products for which such common rules are laid down may be marketed under the respective sales designations only if they conform to those rules. The use of these sales designations is normally of significant commercial value as consumers recognise them and decide on their purchases relying on them.
Outdated rules may impede innovation or fail to meet consumer expectations. In such circumstances, rules require adaptation. The current Breakfast Directives are more than ten years old. Over the last decade, the markets for foodstuffs have evolved significantly, driven by innovation but also changing societal concerns and consumers’ demand. Therefore, it is appropriate to undertake a revision of certain rules of the Breakfast Directives. This revision is also carried out against the backdrop of the Commission’s Farm to Fork Strategy and the UN’s Sustainable Development Goals (Section 6.1). In the Farm to Fork Strategy, it was announced that the revision of Union marketing standards, which is understood to cover the Breakfast Directives due to their similarity with marketing standards, would aim to provide for the uptake and supply of sustainable products. Moreover, the Commission also undertook to seek opportunities to facilitate the shift to healthier diets and stimulate product reformulation, notably for foods high in fat, sugars and salt. Finally, to empower consumers to make informed and sustainable food choices, the Commission also announced that it would consider to propose the extension of mandatory origin or provenance indications to certain products, while fully taking into account impacts on the internal market.
Furthermore, as regards in particular Directive 2001/110/EC, conclusions of the Presidency of the Council on front-of-pack nutrition labelling, nutrient profiles and origin labelling of 15/16 December 20205 refers to Member States’ calls at the Agriculture and Fisheries Council to revise that Directive with the aim to specify the countries of origin of the honey used in honey blends, and calls upon the Commission to start working on a legislative proposal to amend the Directive accordingly. The European Parliament, in its resolution of 20 October 2021 on a farm to fork strategy for a fair, healthy and environmentally-friendly food system also calls on the Commission to propose legislative changes for honey labelling rules that will result in better consumer information.
In light of the above, the Breakfast Directives, notably Council Directive 2001/110/EC of 20 December 2001 relating to honey, Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption, Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption and Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption, should be revised.
List of relevant Directives:
For previous news items on this topic, see:
