45 Amendments of John BOWIS related to 2008/0028(COD)
Amendment 189 #
Proposal for a regulation
Recital 39
Recital 39
(39) The nutrition declaration in the principal field of viewsion of the amounts of nutritional elements and comparative indicators in an easily recognisable form and a prominent place 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.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation shall not apply without prejudice to labelling requirements provided in specific Community legislation applicable to particular foodto activities such as the occasional handling, serving and selling of food by private persons at events such as charities, or local community fairs and meetings.
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 2 – point t a (new)
Article 2 – paragraph 2 – point t a (new)
(ta) ‘Graphical forms and symbols’ means a clear visual expression or representation of the overall or specific nutritional content of a product in a format that can include numbers, tables or colour coding.
Amendment 256 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) by pictorial representations that mislead the consumer as to the true nature or origin of the food.
Amendment 283 #
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) tThe name or business name andor a registered trademark and the address of the manufacturer, orf the packager and, for products coming from third countries, of a seller established within the Community;.
Amendment 286 #
Proposal for a regulation
Article 9 – paragraph 1 – point i
Article 9 – paragraph 1 – point i
(i) the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin 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 of origin or place of provenance; in such cases tf unprocessed agricultural products and, for processed products, the area of cultivation or rearing of the main agricultural raw material used in the processing. The indication shall be in accordance with the rules laid down in Article 35(3) and (4) and those established in accordance with Article 35(5);
Amendment 301 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The particulars referred to in paragraph 1 shall be indicated with words and numbers unless the consumers are informed, as regards one or more particulars, by other forms of expression established by implementing measures adopted by the Commission. Those measures designed to amend non- essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 305 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 323 #
Proposal for a regulation
Article 13 - paragraph 3
Article 13 - paragraph 3
Amendment 327 #
Proposal for a regulation
Article 13 - paragraph 4
Article 13 - paragraph 4
4. In the case of non-prepacked food, the provisions of Article 41Article 41 shall apply to food offered for sale to the final consumer without prepackaging, or where foods are packed on the premises at the consumer’s request, or prepacked for direct shall applye.
Amendment 340 #
Proposal for a regulation
Article 14 - paragraph 1
Article 14 - paragraph 1
1. Without prejudice to specific Community legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), 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 characters of a font size of at least 3mm and shall be presented in a way so as to ensure a significant contrast between the print and backgroundwhere the x-height, as defined in Annex *, is greater than or equal to 1.2mm. The factors given in Annex ** can affect legibility and shall be considered in the design of the label.
Amendment 357 #
Proposal for a regulation
Article 14 - paragraph 2
Article 14 - paragraph 2
(2) The particulars listed in Article 9(1) (a), (e), (f) and (k) shall appear in the same field of vision.
Amendment 362 #
Proposal for a regulation
Article 14 - paragraph 4
Article 14 - paragraph 4
4. The minimum font size referred to in paragraph 1 shall not apply in the case of packaging or containers the largest surface of which has an area of less than 10cm2mandatory food information occupies a space equal to or greater than 50% of the largest surface of the packaging or container. For such products the criteria given in Annex ** shall be considered.
Amendment 402 #
Proposal for a regulation
Article 20 - point (e)
Article 20 - point (e)
(b) wine as defined in Council Regulation (EC) No 1493/1999, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. [ ... ] of [ ... ] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89Beverages containing more than 1.2 % by volume of alcohol. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3);
Amendment 420 #
Proposal for a regulation
Article 24- paragraph 1
Article 24- paragraph 1
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; (b) in units of mass in the case of other products or as defined in national legislation, as appropriate.
Amendment 422 #
Proposal for a regulation
Article 24- paragraph 1 a (new)
Article 24- paragraph 1 a (new)
1a. Where the indication of a certain type of quantity (e.g. nominal quantity, minimum quantity, average quantity) is required by Community provisions or, where there are none, by national provisions, this quantity shall be regarded as the net quantity for the purposes of this Directive.
Amendment 424 #
Proposal for a regulation
Article 25 - title
Article 25 - title
Amendment 425 #
Proposal for a regulation
Article 25 - paragraph 1
Article 25 - paragraph 1
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’ dateThe date mark shall be either a ‘best before’ date or the ‘use by’ date, and shall be indicated in accordance with Annex IX.
Amendment 431 #
Proposal for a regulation
Article 25 - paragraph 2
Article 25 - paragraph 2
2. The appropriate date shall be expressed in accIn the case of foods which are likely after a short period to constitute an immediate risk to human health if not correctly stored, due to the growth of pathogenic micro-ordgance with Annex IXisms, a ‘use by’ date shall be given.
Amendment 432 #
Proposal for a regulation
Article 25 - paragraph 2 a (new)
Article 25 - paragraph 2 a (new)
2a. The ‘best before’ date shall be the date until which the food retains its specific properties when properly stored.
Amendment 433 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Origin and Provenance 1. Where origin or provenance is provided in accordance with Article 9(1)(i), the following shall apply: i) Where meat is the characterising ingredient(s) of a food and the country or countries of origin or the place of provenance of the meat is not the same as the food, the country or countries of origin or place of provenance of those meat ingredient(s) shall also be given. Where the meat is sourced from two or more countries or places of provenance a list of those countries or places of provenance may be given. ii) For fresh meat, other than poultry meat from third countries, beef and veal, the indication on the country of origin or place of provenance may be given as a single place only where animals are born and reared in the same country or place. In other cases information on each of the different places of birth and rearing shall be given. 2. Implementing rules concerning the application of paragraph 1 shall be established by the Commission. Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 3. This regulation shall apply without prejudice to labelling in accordance with specific Community legislation.
Amendment 435 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a If appropriate, instructions for use should also be provided on the required storage temperatures and handling after opening of the food package.
Amendment 466 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 578 #
Proposal for a regulation
Article 34 - paragraph 5 - introductory part
Article 34 - paragraph 5 - introductory part
5. Graphical forms or symbols for the presentation of the nutrition declaration may be used under a national scheme referred to in Article 44 provided the following essential requirements are met:
Amendment 590 #
Proposal for a regulation
Article 35
Article 35
Applicable requirements Applicable requirements 1. Where food information covered by this Regulation is provided on a voluntary basis, such information shall comply with the relevant specific requirements laid down in this Regulation. 2. Without prejudice to labelling in accordance with specific Community legislation, paragraphs 3 and 4 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 European Community or a given country or place. 3. Where the country of origin or the place of provenance of the food is not the same as the one of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s) shall also be given. 4. 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. 5. Implementing rules concerning the application of paragraph 3 shall be established by the Commission. Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3)Article 14.1 shall not apply in this case. 6. Implementing rules concerning the conditions and criteria of use of particulars voluntarily provided may be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 614 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 616 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 626 #
Proposal for a regulation
Article 41
Article 41
National measures for non-prepacked 1. Where foods are offered for sale to the final consumer or to mass caterers without prepackaging, or where foods are packon-prepacked Food food 1. With regard to the foods mentioned oin the sales premises at the consumer's request or prepacked for directArticle 13(4), the particulars in Article 9(1)(c) shale, thel be provided. 2. Member States may adopt detailed rules concerning the manner in which decide to require the provision of some or all of the other particulars specifilisted in Articles 9 and 10 are to be shown, or elements of those particulars. 23. Member States may decide not to require the provision of some of the particularsadopt detailed rules concerning the manner in which the information referred to in paragraphs 1, other than those referred to in Article 9(1) (c), provided that the consumer or mass caterer still receives sufficient information and 2 is to be made available. 34. Member States shall communicate to the Commission the text of the measures referred to in paragraphs 1 and 2 without delay.
Amendment 636 #
Proposal for a regulation
Article 44 - –title
Article 44 - –title
National Schemes Member States' voluntary schemes
Amendment 638 #
Proposal for a regulation
Article 44 - paragraph 1
Article 44 - paragraph 1
1. Member States may adopt, recommend or otherwise endorse national schemes consisting of exclusively non-binding rules, such as recommendations, guidance, standards or any other non binding rules, (hereinafter referred to as the ‘national schemes’). These National Schemes would be aimed at ensuring the application of the following provisions and ensuring that they are in compliance with the essential requirements set out therein: (a) Article 33(2), relating to additional forms of expression of the nutritional declaration; (b) Article 34(5), relating to the presentation of the nutrition declaration.
Amendment 639 #
Proposal for a regulation
Article 44 - paragraph 3
Article 44 - paragraph 3
3. National schemes, in addition to those listed in paragraph 1, may be developed by Member States on their own initiative or at the request of stakeholders in compliance with the general principles and requirements laid down in Chapter II and III of this Regulation, and: (a) as a result of sound consumer research and robust science; and (b) following extensive consultation with a wide range of stakeholders drawing on best practices.
Amendment 640 #
Proposal for a regulation
Article 44 - paragraph 3 a (new)
Article 44 - paragraph 3 a (new)
3a. Member States shall provide the Commission with the details of the national schemes referred to in paragraph 1, including an identifier for foods that are labelled in compliance with that national scheme. The Commission shall make those details available to the public, in particular through a dedicated page on the Internet.
Amendment 641 #
Proposal for a regulation
Article 44 - paragraph 4
Article 44 - paragraph 4
4. National schemes shallmay include appropriate mechanisms to allow consumers to identify foods that are labelled in compliance with national schemes, to monitor the level of compliance with the scheme and to assess its impact.
Amendment 642 #
Proposal for a regulation
Article 44 - paragraph 5
Article 44 - paragraph 5
5. Member States shall provide the Commission with the details of the national schemes referred to inand best paragraph 1, including an identifier for foods that are labelled in compliance with that national schemctice guidance referred to in this article. The Commission shall make those details available to the public, in particular through a dedicated page on the Internet.
Amendment 649 #
Proposal for a regulation
Annex I – point 1
Annex I – point 1
1. ‘nutrition declaration’ or ‘nutrition labelling’ means information consisting ofstating: (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 XI, Part A; point 1 and present in significant amounts as defined in Annex XI, Part A; point 2.
Amendment 669 #
Proposal for a regulation
Annex III – point 2.3 "Particulars"
Annex III – point 2.3 "Particulars"
2.3 Foods ‘contains a source containing of phenylalanine’ aspartame authorisedaspartame, a aspartame source of authorised phenylalanine’ pursuant to Directive 89/107/ EEC
Amendment 701 #
Proposal for a regulation
Annex V – part C
Annex V – part C
Amendment 710 #
Proposal for a regulation
Annex VI – part D
Annex VI – part D
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’ orWithout prejudice to paragraph 2, flavourings shall be designated by the terms — “flavourings” or a more specific name or description of the flavouring, if the flavouring component contains flavourings as defined in Article 3(2)(b), (c), (d), (e), (f), (g) and (h) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in anyd other word having substantially the same meaning may be used onln foods (*); — “smoke flavouring(s)”, or “smoke flavouring(s) produced from “food(s) or food category for flavourings in whichsource(s)”” (e.g. smoke flavouring produced from beech), if the flavouring component contains exclusively flavouring substanceflavourings as defined in Article 13(2)(b)(if) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that DirectiveRegulation (EC) No 1334/2008 and imparts a smoky flavour to the food. 42. If the name of the flavouring contaThe term “natural” for the description of flavourings shall be used ins 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.ccordance with Article 16 of Regulation (EC) No 1334/2008. 3. By way of derogation from paragraph 6 of Article 16 of Regulation (EC) No 1334/2008, the term ‘natural flavouring(s)’ may also be used where the conditions of paragraph 4 or 5 of that article are met. ____ (*) OJ L 354, 31.12.2008, p. 34
Amendment 714 #
Proposal for a regulation
Annex VIII – paragraph 1
Annex VIII – paragraph 1
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 and; (aa) which are sold by number or; (ab) weighed in the presence of the purchaser; or (b) the net quantity of which is less than 5 10g or 5 10ml; however, this provision shall not apply to spices and herbs.
Amendment 716 #
Proposal for a regulation
Annex VIII – paragraph 2 a (new)
Annex VIII – paragraph 2 a (new)
2a. The net quantity of a food shall be determined in accordance with Community provisions or, where there are none, by national provisions.
Amendment 720 #
Proposal for a regulation
Annex IX – title
Annex IX – title
DATE OF MINIMUM DURABILITYMARK
Amendment 721 #
Proposal for a regulation
Annex IX – paragraph 1 – subparagraph 1
Annex IX – paragraph 1 – subparagraph 1
1. The date of minimum durabilitymark shall be indicated as follows:
Amendment 722 #
Proposal for a regulation
Annex IX – paragraph 1 – point d – introduction
Annex IX – paragraph 1 – point d – introduction
(d) Subject to Community provisions imposing other types of date indication, an indication of the date of minimum durabilitymark shall not be required for:
Amendment 750 #
Proposal for a regulation
Annex XIII a (new)
Annex XIII a (new)
Amendment 751 #
Proposal for a regulation
Annex XIII b (new)
Annex XIII b (new)