A4-0250/95

Decision on the common position established by the Council with a view to the adoption of 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 (C4-0234/95 - 95/0380(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0234/95 - 95/0380(COD),

- having regard to its opinion at first reading ((OJ C 315, 22.11.1993, p. 97.)) on the Commission proposal to Parliament and the Council, COM(91)0536 ((OJ C 122, 14.5.1992, p. 12.)),

- having regard to the amended Commission proposal, COM(94)0024 ((OJ C 118, 29.4.1994, p. 6.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0250/95),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 18)

ARTICLE 1(3)

Article 5(1) (Directive 79/112/EEC)

>Original text>

1. The name under which a product is sold shall be the name provided for in the laws, regulations and administrative provisions applicable in the Member State in which the product is sold to the final consumer or to mass caterers.

>Text following EP vote>

1. The name under which a product is sold shall be the name provided for in the European Community provisions applicable to it.

(a) In the absence of European Community provisions, the name under which a product is sold shall be the name provided for in the laws, regulations and administrative provisions applicable in the Member State in which the product is sold to the final consumer or to mass caterers.

>Original text>

Failing this, the name under which a product is sold shall be the name customary in the Member State in which it is sold to the final consumer or to mass caterers, or a description of the foodstuff, and if necessary of its use, which is clear enough to let the purchaser know its exact nature and distinguish it from other products with which it might be confused.

>Text following EP vote>

Failing this, the name under which a product is sold shall be the name customary in the Member State in which it is sold to the final consumer or to mass caterers, or a description of the foodstuff, and if necessary of its use, which is clear enough to let the purchaser know its exact nature and distinguish it from other products with which it might be confused.

>Original text>

1a. (a) The use in the Member State of marketing of the sales name under which the product is legally manufactured and marketed in the Member State of production shall also be allowed.

>Text following EP vote>

(b) The use in the Member State of marketing of the sales name under which the product is legally manufactured and marketed in the Member State of production shall also be allowed.

>Original text>

However, the sales name used in the Member State of production shall be supplemented by descriptive indications where this is necessary to let consumers in the Member State of marketing know the exact nature of the foodstuff and to distinguish it from foodstuffs with which they are familiar and with which it could be confused.

>Text following EP vote>

However, the sales name used in the Member State of production shall be supplemented by further information on the label where this is necessary to prevent confusion with a comparable product in the Member State of marketing.

>Original text>

(b) Where the provisions of subparagraph (a) are not sufficient in the Member State of marketing to ensure that the consumer is correctly informed because the foodstuff designated by the sales name used in the Member State of production differs substantially from the foodstuff known by that name, the sales name used in the Member State of production must not be used.

>Text following EP vote>

(ba) Where the provisions of subparagraph (a) together with the other provisions of this Directive are not sufficient to ensure that the consumer is correctly informed because the foodstuff designated by the sales name used in the Member State of production differs substantially from the foodstuff known by that name, the sales name used in the Member State of production must not be used.

(Amendment 5)

ARTICLE 1(4)

Article 6(2)(c) (Directive 79/112/EEC)

>Original text>

4. The following shall be added to Article 6(2)(c):

'However, it may be decided in accordance with the procedure laid down in Article 17 not to apply this exemption to specified foodstuffs.'

>Text following EP vote>

4. Article 6(2)(c) shall read as follows:

'(c) products comprising a single ingredient, where:

- the trade name is identical with the ingredient name, or

- the trade name enables the nature of the ingredient to be clearly identified.'

(Amendment 7)

ARTICLE 1(4a) (new)

Article 6(4)(c) (Directive 79/112/EEC)

>Text following EP vote>

4a. Article 6(4)(c)(ii), first indent, shall read as follows:

'- whose presence in a given foodstuff is solely due to the fact that they were contained in one or more ingredients of the foodstuff, provided that they will no longer have any demonstrable effect on the end product;'

(Amendment 8)

ARTICLE 1(4b) (new)

Article 6(5)(b) (Directive 79/112/EEC)

>Text following EP vote>

4b. The first indent of Article 6(5)(b) shall be replaced by the following:

'- ingredients which belong to one of the categories listed in Annex I and are constituents of another foodstuff need only be designated by the name of that category. However starches or modified starches which may contain 'gluten' must always be described with their designation of origin;'

(Amendment 10)

ARTICLE 1(5)

Article 7(3)(a), fourth indent (Directive 79/112/EEC)

>Original text>

- which appears in the name under which the product is sold, and the variation in quantity is not such as to distinguish the foodstuff from similar foods or to govern the choice of the consumer in the country of marketing;

>Text following EP vote>

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