A4-0003/99

Proposal for a European Parliament and Council Directive amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (COM(97)0020 - C4-0059/97 - 97/0027(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 1

>Original text>

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

>Text following EP vote>

Having regard to the Treaty establishing the European Community, and in particular

Articles 100a and 129a thereof,

(Amendment 2)

Recital 2a (new)

>Original text>

>Text following EP vote>

Whereas the emergence of new beverages containing alcohol, such as 'alcopops' and 'premixes', should not be allowed to harm the position of, or create unfair competition with, traditional beverages such as wines, beers and spirituous beverages; whereas in the absence of definitions or Community rules there must therefore be a precise and immediate listing of ingredients in order to provide the consumer with information on their composition, and a code of conduct with regard to marketing, distribution and retailing;

(Amendment 3)

Recital 4a (new)

>Original text>

>Text following EP vote>

Whereas, in order to contribute to the achievement of a high level of health and to the protection of the health of consumers, it must be ensured that consumers are appropriately informed about foodstuffs, and especially alcoholic beverages, inter alia through the listing of the ingredients on labels; whereas the need for this is all the more urgent since more and more alcoholic beverages whose composition and presentation are obviously geared to sales to young people have come on the market in recent years; whereas common legislation on the labelling of alcoholic beverages is essential for the expansion and preservation of the internal market in these products;

(Amendment 4)

Recital 4b (new)

>Original text>

>Text following EP vote>

Whereas the Scientific Committee for Food instituted by Decision 95/273/EC(1) should be consulted on any Commission proposal; whereas a procedure should be established for this purpose;

____________

(1) OJ L 167, 18.7.1995, p. 22.

(Amendment 5)

Recital 4c (new)

>Original text>

>Text following EP vote>

Whereas, in order to take into account as far as possible their potential effect on public health, labelling rules cannot be laid down within the framework of the common organization of the markets for the products concerned;

(Amendment 6)

Recital 4d (new)

>Original text>

>Text following EP vote>

Whereas the relevant rules should be drawn up according to a uniform, transparent and democratic process, which allows the broad participation of all those affected; whereas Directive 79/112/EEC offers the appropriate framework for this;

(Amendment 7)

Recital 4e (new)

>Original text>

>Text following EP vote>

Whereas the rules for the labelling and presentation of beverages containing alcohol should be adopted on a proposal by the Commission and in accordance with the procedure laid down by Article 189b; whereas a deadline should be laid down for the adoption of these rules; whereas the European Parliament and the Council can opt for an accelerated treatment of Commission proposals at every stage of the procedure.

(Amendment 8)

Recital 4f (new)

>Original text>

>Text following EP vote>

Whereas the lack of harmonisation cannot be invoked in this case to give legitimacy to national measures likely to limit the free movement of goods and to hamper the smooth functioning of the internal market;

(Amendments 14 and 15)

ARTICLE 1

Article 6(3), 1st subparagraph (Directive 79/112/EEC)

>Original text>

"3. The rules for labelling the ingredients of beverages containing more than 1.2% alcohol by volume shall be adopted within a period of three years starting on 1 July 1998

>Text following EP vote>

"3. The rules for labelling the ingredients of beverages containing more than 1.2% alcohol by volume shall be adopted within a period of

five years starting on 1 July 1998

>Original text>

(a) in the case of

- wines, including sparkling wines, liqueur wines and semi-sparkling wines offered for sale to the consumer;

- partially fermented grape must;

- spirituous beverages;

- aromatised wines;

>Text following EP vote>

(a)

in the case of

- wines, including sparkling wines, liqueur wines and semi-sparkling wines offered for sale to the consumer;

- partially fermented grape must;

- spirituous beverages;

- aromatised wines, aromatized wine-based beverages and aromatised wine-product cocktails;

- beer;

- cider and perry;

>Original text>

within the framework of the specific Community provisions applicable to them;

>Text following EP vote>

within the framework of the specific Community provisions applicable to them;

>Original text>

(b) in the case of other products, in accordance with the procedure laid down in Article 17.¨

>Text following EP vote>

(b)

in the case of each category of other products, in accordance with the procedure laid down in Article 17.¨

(Amendment 22)

ARTICLE 1

Article 6(3), 3rd subparagraph (Directive 79/112/EEC)

>Original text>

For all these products the list of ingredients shall be preceded by the words "prepared with ...¨.¨

>Text following EP vote>

Does not affect English version.

(Amendment 13)

ARTICLE 1a (new)

Article 19a (new) (Directive 79/112/EEC)

>Original text>

>Text following EP vote>

Article 1a

The following new Article 19a is inserted after Article 19 of Directive 79/112/EEC:

"Article 19a

The Scientific Committee for Food instituted by Decision 95/273/EC shall be consulted on all matters relating to this Directive that might have implications for public health. This shall apply in particular to any Commission proposals concerning the labelling and presentation of alcoholic beverages. The opinions and reports it draws up under this Directive shall be forwarded to the European Parliament and the Council without delay."

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (COM(97)0020 - C4-0059/97 - 97/0027(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0020 - 97/0027(COD) ((OJ C 106, 4.4.1997, p. 5.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0059/97),

- whereas the legal basis is not sufficient; whereas reference should also be made to Article 129a of the EC Treaty,

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Agriculture and Rural Development, the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on Legal Affairs and Citizens' Rights (A4-0003/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.