REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption, Council Directive 2001/110/EC of 20 December 2001 relating to honey, Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption, 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
Date: 2019-09-27
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: consumer information, delegated legislation, foodstuff, human nutrition, international standard, labelling, marketing standard, originating product, powers of the institutions (EU), technological change

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 27.9.2019  COM(2019) 435 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption, Council Directive 2001/110/EC of 20 December 2001 relating to honey, Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption, 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  
 
 
Contents 
1.  DIRECTIVE 2000/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 23 JUNE 2000 
RELATING TO COCOA AND CHOCOLATE PRODUCTS INTENDED FOR HUMAN CONSUMPTION.................. 2 

1.1. 

Introduction ................................................................................................................................. 2 

1.2.  Legal Basis.................................................................................................................................... 2 

1.3.  Exercise of Delegation ................................................................................................................. 2 

1.4.  Conclusions .................................................................................................................................. 2 

2.  COUNCIL DIRECTIVE 2001/110/EC OF 20 DECEMBER 2001 RELATING TO HONEY ......................... 2 

2.1. 

Introduction ................................................................................................................................. 2 

2.2.  Legal Basis.................................................................................................................................... 3 

2.3 

Exercise of Delegation ................................................................................................................. 3 

2.4.  Conclusions .................................................................................................................................. 3 

3.  COUNCIL DIRECTIVE 2001/111/EC OF 20 DECEMBER 2001 RELATING TO CERTAIN SUGARS 
INTENDED FOR HUMAN CONSUMPTION ...................................................................................................... 3 

3.1. 

Introduction ................................................................................................................................. 3 

3.2.  Legal Basis.................................................................................................................................... 4 

3.3.  Exercise of Delegation ................................................................................................................. 4 

3.4.  Conclusions .................................................................................................................................. 4 

4.  COUNCIL DIRECTIVE 2001/112/EC TECHNICAL PROGRESS OF 20 DECEMBER 2001 RELATING TO 
FRUIT JUICES AND CERTAIN SIMILAR PRODUCTS INTENDED FOR HUMAN CONSUMPTION ...................... 4 

4.1. 

Introduction ................................................................................................................................. 4 

4.2.  Legal Basis.................................................................................................................................... 4 

4.3.  Exercise of Delegation ................................................................................................................. 5 

4.4.  Conclusions .................................................................................................................................. 5 

5.  COUNCIL DIRECTIVE 2001/113/EC OF 20 DECEMBER 2001 RELATING TO FRUIT JAMS, JELLIES 
AND MARMALADES AND SWEETENED CHESTNUT PURÉE INTENDED FOR HUMAN CONSUMPTION .......... 5 

5.1. 

Introduction ................................................................................................................................. 5 

5.2.  Legal Basis.................................................................................................................................... 6 

5.3.  Exercise of Delegation ................................................................................................................. 6 

5.4.  Conclusions .................................................................................................................................. 6 

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1.  DIRECTIVE 2000/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 23 JUNE 
2000  RELATING  TO  COCOA  AND  CHOCOLATE  PRODUCTS  INTENDED  FOR  HUMAN 
CONSUMPTION 

1.1.  Introduction 
Directive 2000/36/EC of the European Parliament and of the Council1 lays down definitions and 
common  rules  in  respect  of  the  composition,  manufacturing  specifications,  packaging  and 
labelling of cocoa and chocolate products.  

Article 5 of the Directive empowers the Commission to adopt delegated acts to amend Sections C 
and D of Annex I for the purposes of taking into account technical progress and developments in 
relevant international standards.  

1.2.  Legal Basis 

The report is required under Article 6(2). Pursuant to that provision, the power to adopt delegated 
acts referred to in Article 5 shall be conferred on the Commission for a period of five years from 
18 November 2013. The Commission shall draw up a report in respect of the delegation of power 
not  later  than  nine  months  before  the  end  of  the  five-year  period.  The  delegation  of  power  is 
tacitly  extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council opposes such extension not later than three months before the end of each period. 

1.3.  Exercise of Delegation 

The Commission has not adopted any delegated act pursuant to Article 5 since the Commission 
has not  identified any need to  amend Sections C and D of Annex  I. The  Commission  does not 
intend to use the empowerment in the near future, but it cannot be excluded that it will become 
necessary.  

1.4.  Conclusions 

The empowerment has not been used, because there was no legal obligation nor any necessity to 
use it. It, however, cannot be excluded that the empowerments will be needed in future. 

2.  COUNCIL DIRECTIVE 2001/110/EC OF 20 DECEMBER 2001 RELATING TO HONEY 

2.1.  Introduction 
Council  Directive  2001/110/EC2  establishes  definitions  and  lays  down  common  rules  on 
composition and the main labelling information of honey. 

1  

2  

Directive  2000/36/EC  of  the  European  Parliament  and  of  the  Council  of  23  June  2000 relating  to  cocoa  and 
chocolate products intended for human consumption, OJ L 197, 3.8.2000, p. 19 

Council Directive 2001/110/EC of 20 December 2001 relating to honey, OJ L 10, 12.1.2002, p. 47 

2 

 
 
                                                           
Article  4(2)  empowers  the  Commission,  for  the  purpose  of  ensuring  fair  commercial  practices 
and protecting consumer interests and enabling the setting out of relevant methods of analysis, to 
adopt delegated acts in accordance with Article 6 to supplement the Directive by laying down the 
quantitative parameters relating to the following: 

(a)   the criterion of ‘mainly’ as regards the floral or vegetable origin of honey as referred to in 

the first indent of Article 2(2)(b); and, 

(b)   the  minimal  content  of pollen  in  filtered  honey  following  removal  of  foreign  inorganic  or 

organic matter referred to in point 2(b)(viii) of Annex I. 

2.2.  Legal Basis  

The report is required under Article 6(2). Pursuant to that provision, the power to adopt delegated 
acts  referred to  in  Article 4(2) shall be conferred on the Commission for a period of five  years 
from 23 June 2014. The Commission shall draw up a report in respect of the delegation of power 
not  later  than  nine  months  before  the  end  of  the  five-year  period.  The  delegation  of  power  is 
tacitly  extended  for  periods  of  an  identical  duration  unless  the  European  Parliament  or  the 
Council opposes such extension not later than three months before the end of each period. 

2.3    Exercise of Delegation 

The  Commission  has  not  adopted  any  delegated  act  pursuant  to  Article  4(2)  since  the 
Commission  has  not  identified  any  need.  The  Commission  does  not  intend  to  use  the 
empowerment in the near future, but it cannot be excluded that it will become necessary.  

2.4.  Conclusions 

The empowerment has not been used, because there was no legal obligation nor any necessity to 
use it. It, however, cannot be excluded that the empowerments will be needed in future. 

3.  COUNCIL DIRECTIVE 2001/111/EC OF 20 DECEMBER 2001 RELATING TO CERTAIN SUGARS 

INTENDED FOR HUMAN CONSUMPTION 

3.1.  Introduction 
Council  Directive  2001/111/EC3  lays  down  rules  on  manufacturing  and  marketing  conditions 
relating to certain sugars intended for human consumption. 

Article 4 empowers the Commission to adopt delegated acts to amend Part B of the Annex for the 
purposes  of  taking  into  account  technical  progress  and  developments  in  relevant  international 
standards. 

3  

Council  Directive  2001/111/EC  of  20  December  2001  relating  to  certain  sugars  intended  for  human 
consumption, OJ L 10, 12.1.2002, p. 53 

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3.2.  Legal Basis 

The report is required under Article 5(2). Pursuant to that provision, the power to adopt delegated 
acts referred to in Article 5 shall be conferred on the Commission for a period of five years from 
18 November 2013. The Commission shall draw up a report in respect of the delegation of power 
not  later  than  nine  months  before  the  end  of  the  five-year  period.  The  delegation  of  power  is 
tacitly  extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council opposes such extension not later than three months before the end of each period. 

3.3.  Exercise of Delegation 

The Commission has not adopted any delegated act pursuant to Article 5 since the Commission 
has not identified any need to amend Part B of the Annex. The Commission does not intend to 
use the empowerment in the near future, but it cannot be excluded that it will become necessary. 

3.4.  Conclusions 

The empowerment has not been used, because there was no legal obligation nor any necessity to 
use it. It, however, cannot be excluded that the empowerments will be needed in future. 

4.  COUNCIL  DIRECTIVE  2001/112/EC  TECHNICAL  PROGRESS  OF  20  DECEMBER  2001 
RELATING  TO  FRUIT  JUICES  AND  CERTAIN  SIMILAR  PRODUCTS  INTENDED  FOR  HUMAN 
CONSUMPTION 

4.1.  Introduction 
Council  Directive  2001/112/EC4  lays  down  common  rules  governing  the  composition,  use  of 
reserved  descriptions,  manufacturing  specifications  and  labelling  of  fruit  juices  and  certain 
similar products. 

Article  7  empowers  the  Commission  to  adopt  delegated  acts  to  amend  the  Annexes  to  this 
Directive, with the exception of Part I of Annex I, and of Annex II to bring the Annexes into line 
with developments in relevant international standards and to take into account technical progress. 

4.2.  Legal Basis 

The  report  is  required  under  Article  7a  (2).  Pursuant  to  that  provision,  the  power  to  adopt 
delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five 
years from 28 October 2013. The Commission shall draw up a report in respect of the delegation 
of  power  not  later  than  nine  months  before  the  end  of  the  five-year  period.  The  delegation  of 
power is tacitly extended for periods of an identical duration, unless the European Parliament or 
the Council opposes such extension not later than three months before the end of each period. 

4  

Council  Directive  2001/112/EC  of  20  December  2001  relating  to  fruit  juices  and  certain  similar  products 
intended for human consumption, OJ L 010, 12.1.2002, p.58 

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4.3.  Exercise of Delegation 

The  Commission  has  adopted  one  delegated  act  on  the  basis  of  Article  7  in  order  to  take  into 
account  technical  progress:  Commission  Delegated  Regulation  (EU)  No  1040/20145.  This 
delegated act modified point 3 of Part II of Annex I that regulates the authorised treatments and 
substances to authorise plant proteins derived from either wheat, peas or potatoes for clarification 
of juices. 
In  line  with  the  common  understanding  on  delegated  acts,6  Member  States’  experts  were 
consulted in the Expert Group for Agricultural Markets, in particular concerning aspects falling 
under  the  single  CMO  Regulation.  The  Commission  adopted  Delegated  Regulation  (EU) 
1040/2014 on 25 July 2014 and the Regulation was notified to the European Parliament and the 
Council. Neither the European Parliament nor the Council issued any objection to the Delegated 
Regulation.  After  the  expiry  of  the  two-month  period,  the  Commission  Delegated  Regulation 
(EU) 1040/2014 was published in the Official Journal of the European Union L 288 of 2 October 
2014 and entered into force on 5 October 2014. 

The  Commission  does  at  this  moment  not  intend  to  use  the  empowerment,  unless  technical 
progress makes it necessary in future. 

4.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  It  cannot  be  excluded  that  the 
empowerments will be needed in future. 

5.  COUNCIL  DIRECTIVE  2001/113/EC  OF  20  DECEMBER  2001  RELATING  TO  FRUIT  JAMS, 
JELLIES  AND  MARMALADES  AND  SWEETENED  CHESTNUT  PURÉE  INTENDED  FOR  HUMAN 
CONSUMPTION 

5.1.  Introduction 
Council  Directive  2001/113/EC7 
lays  down  definitions  and  common  rules  governing 
composition, manufacturing specifications and labelling of fruit jams, jellies and marmalades and 
sweetened chestnut purée.  

Article  5  empowers  the  Commission  to  adopt  delegated  acts  to  amend  Annex  II  and  Part  B  of 
Annex III for the purposes of taking into account technical progress and developments in relevant 
international standards.  

5  

Commission  Delegated  Regulation  (EU)  No  1040/2014  of  25  July  2014  amending  Council  Directive 
2001/112/EC relating to fruit juices and certain similar products intended for human consumption to adapt its 
Annex I to technical progress, OJ L 288, 2.10.2014, p. 1 

6   Common Understanding on delegated acts from 2011 (not published). 

7   Council  Directive  2001/113/EC  of  20  December  2001  relating  to  fruit  jams,  jellies  and  marmalades  and 

sweetened chestnut purée intended for human consumption, OJ L 10, 12.1.2002, p. 67 

5 

 
 
                                                           
5.2.  Legal Basis 

The report is required under Article 6(2). Pursuant to this provision, the power to adopt delegated 
acts referred to in Article 5 shall be conferred on the Commission for a period of five years from 
18 November 2013. The Commission shall draw up a report in respect of the delegation of power 
not  later  than  nine  months  before  the  end  of  the  five-year  period.  The  delegation  of  power  is 
tacitly  extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council opposes such extension not later than three months before the end of each period. 

5.3.  Exercise of Delegation 

The Commission has not adopted any delegated act pursuant to Article 5 since the Commission 
has not  identified any need to  amend Annex II or Part B Annex  III. The  Commission does not 
intend to use the empowerment in the near future, but it cannot be excluded that it will become 
necessary.  

5.4.  Conclusions 

The empowerment has not been used, because there was no legal obligation nor any necessity to 
use it. It, however, cannot be excluded that the empowerments will be needed in future. 

The Commission invites the European Parliament and the Council to take note of this Report. 

6