The European Commission has adopted a series of proposals for reforming the standard marketing of agri-food products in the EU related to honey, fruit juices, jams and marmalades, and lactose-free (in whole or in part) dehydrated preserved milk. (1)
Standard marketing of agri-food products, proposals to reform EU regulations
Proposals to reform the standard marketing of agri-food products in the EU concern the so-called ‘breakfast directives’:
- honey (dir. 2001/110/EC)
- fruit juices and other similar products intended for human consumption (dir. 2001/112/EC)
- fruit jams, jellies and marmalades and chestnut cream (dir. 2001/113/EC)
- certain types of preserved, partially or totally dehydrated milk (dir. 2001/114/EC). (1)
Objectives of the reform proposals
The European Commission’s proposed reforms to the standard marketing of fruit and vegetables pursue several objectives, in line with the EU strategy ‘Farm to Fork‘:
- Provide consumers with more information regarding the origin of products, while also improving transparency in the internal market through uniform marketing and labeling standards (2)
- Promote the development of foods with more balanced (with a focus on sugars, in line with EFSA Opinion, 2022) and more sustainable nutritional profiles
- Reduce food waste by encouraging the purchase of local products and donations of surplus.
Breakfast Directives, the reform proposals
Honey, indication of origin
The origin of honey – understood as the place of its collection – has undoubted influence on the characteristics and quality of the product, as noted above. Its marketing standards, however, still allow the mixture of honeys from multiple countries to be designated by very generic terms such as ‘EU‘, ‘non-EU,’ or even ‘EU and non-EU,‘ (i.e., ‘Planet Earth Origin’).
Honey Directive No 2011/110/EC, moreover, defers to national legislators the power to define more stringent requirements on honey origin labeling. With the result of fragmenting rules, distorting competition between operators from different member states, and providing asymmetric protection to consumers. (3)
The proposed amendment therefore provides for the obligation to indicate all individual countries of origin of honey on the label, even in the case of blends. Only one exemption is provided for the Ho.Re.Ca. sector (Hotel, Restaurant and Catering), with the clumsy excuse of the small size of single-serving packages, which the Court of Justice had already censured, just in the specific case of the origin of honey on the individual portions. (4)
‘Sugar-reduced’ fruit juices
Fruit juices may not contain added sugars other than those naturally present. And the use of the nutrition claim ‘no added sugars’ on their labels was therefore banned as a common feature of the product category. (5) Consumers, moreover, are unable to distinguish fruit juices, fruit nectars and other similar beverages in relation to the presence of added sugars.
Thus, the proposed amendments to the fruit juice framework (Directive 2001/112/EC) include:
- the power to include the words ‘sugar-free,’ on the label of fruit juices
- The introduction of a new category of fruit juices, consisting of ‘fruit juice with reduced sugar content’ and ‘juice from concentrate with reduced sugar content’ (-30% compared to similar products, and lower Brix degrees)
- the new category of ‘no added sugar’ fruit nectars , whose labels must also state ‘naturally contains sugar’
- The possibility of using sunflower seed protein, as part of the approved treatments, for clarification of fruit juices.
Jams and marmalades
Sugar is traditionally used to impart sweet flavor and aid preservation of jams. In view of the widespread need to reduce simple sugar intakes in the diet, the Commission proposed to increase the minimum fruit content in jams from 350 g to 450 g per 1 kg of final product, 550 g in extra jams.
This improves product quality and stimulates the upcycling of fruit that does not meet commercial requirements for sale as is, with a possible reduction in foodwaste (food loss).
The designation ‘ jam ‘ will finally be allowed for all types of jam. Precisely because that name-and not just ‘citrus marmalade,’ which must retain the appropriate name-consumers associate the generality of products in this category with it. Citrus juice from concentrate will then be included in the list of permitted ingredients.
Lactose-free dehydrated preserved milk
The demand for lactose-free food products has increased significantly in recent years. Thus, the reform of Directive 2001/114/EC should authorize processing to obtain lactose-free dehydrated milk with a view to making lactose-free dairy products.
Italy has the distinction of being the only country where the production of cheeses with dairy powder is still banned (since 1974), in blatant contravention of EU law. But the European Commission-which is supposed to ensure compliance with the Treaty-does not seem intent on solving this or other distortions of the single market (6,7,8,9).
Policy review, entry into force
Plans to reform the standard marketing of the products in question are now subject to political scrutiny by the European Parliament and the Council. And it is possible that they will be adopted before the end of the current legislative term assuming agreement between the EU institutions on the first reading of the text.
Member states must transpose the directive within 18 months of its entry into force; operators must comply within 24 months of that date. No implementing measures are planned by the Commission, as ‘member states have long experience in implementing the four breakfast directives concerned and the proposed revisions are very technical in scope.’
Dario Dongo and Alessandra Mei
Notes
(1) Proposal for a Directive of the European Parliament and of the Council amending Council Directives 2001/110/EC relating to honey, 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption, and 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption (COM/2023/201 final) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2023%3A0201%3AFIN
(2) Beyond the lofty premises, the only novelty regarding origin labeling in the standard marketing reform proposals under consideration concerns honey. V. Dario Dongo. Origin labeling, not a priority for the European Commission. GIFT (Great Italian Food Trade). 28.5.21
(3) Marta Strinati. Fraud in honey, from sugaring to misrepresented origin. French test. GIFT (Great Italian Food Trade). 28.20.2021
(4) Judgment of the Court (Third Chamber) of September 22, 2016
Breitsamer und Ulrich GmbH & Co. KG v Landeshauptstadt München (Case C-113/15). https://curia.europa.eu/juris/liste.jsf?language=en&num=C-113/15
(5) Sugar-free fruit juices. GIFT (Great Italian Food Trade). 29.6.15
(6) Former European Agriculture Commissioner Phil Hogan laid the groundwork for infringement proceedings against Italy back in June 2015. Since then, no results. Italy has moreover exceeded 100 infringement procedures as of Dec. 31.21, second only to Spain (see note 6)
(7) European Commission. Monitoring the application of EU law. Annual Report 2021 https://commission.europa.eu/system/files/2022-06/country_factsheet_italy.pdf
(8) National measures in blatant conflict with EU law include the setting of an ex lege expiration date in Italy for milk. V. TMC and expiration date of milk? Clarification by lawyer Dario Dongo. FARE (Food and Agriculture Requirements). 18.3.18
(9) The proposed reform of dir. 2001/114/EC, in defiance of the principles governing the Internal Market, even provides that ‘member states may restrict or prohibit changes in the composition of milk’ to reduce lactose content (see footnote 1, art. 4.1.2)
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law from the University of Bologna, she attended the Master in Food Law at the same University. You participate in the WIISE srl benefit team by dedicating yourself to European and international research and innovation projects.
