Directive (EU) 2024/1438 of the European Parliament and of the Council of 14 May 2024 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
Text
Article-level text, parsed from the formex manifestation.
Article 3
In the case of baker’s honey, bulk containers, packaging and sales documentation shall clearly indicate the full product name as set out in point 3 of Annex I.
Article 4
The Commission may, taking into account international standards and technical progress, adopt implementing acts laying down the methods of analysis to verify whether honey is compliant with this Directive. The Commission shall, by 14 June 2028, taking into account international standards and technical progress, adopt implementing acts laying down the methods of analysis to detect adulterated honey. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 7(2). Until the adoption of the relevant implementing acts, Member States shall, whenever possible, use internationally recognised validated methods of analysis, such as those approved by the Codex Alimentarius, to verify compliance with this Directive.’
Article 4a
1 For the purpose of ensuring fair commercial practices and protecting consumer interests, the Commission is empowered to adopt delegated acts in accordance with Article 6 to supplement this Directive by laying down the following: (a) the criterion of “mainly” as regards the floral or vegetable origin of honey as referred to in Article 2, point 2, second subparagraph, point (b), first indent; (b) composition criteria to ensure that honey, with the exception of baker’s honey as defined in point 3 of Annex I, which is placed on the market as honey or used in a product intended for human consumption has not been heated or treated in such a way that the natural enzymes have been either destroyed or significantly deactivated, taking into account the invertase index; (c) the criteria to ensure and verify that pollen is not removed from honey and that the absolute pollen content and pollen spectrum are not modified in honey, with the exception of baker’s honey as defined in point 3 of Annex I, when placed on the market as honey or used in a product intended for human consumption, taking into account the pollen content, minimal size of pollen and mesh size of filters; (d) the minimal pollen content in baker’s honey following the removal of foreign inorganic or organic matter; (e) the methods and criteria to determine the place where honey has been harvested and Union-wide traceability requirements for honey from the harvesting producer or importer to the consumer. The Commission shall adopt the delegated acts referred to in points (b) to (e) of the first subparagraph by 14 June 2029. Before adopting those delegated acts, the Commission shall carry out feasibility studies. In the feasibility study it carries out concerning point (e) of the first subparagraph, the Commission shall include an analysis of available digital solutions or methods, including, where appropriate, a unique identifier code or similar techniques. The Commission shall provide, in the delegated acts referred to in the first subparagraph, for appropriate transitional arrangements for products placed on the market before the date of application of those delegated acts.
2 The Commission is empowered to adopt delegated acts in accordance with Article 6 to amend Annex II by adapting the composition criteria listed in that Annex to the criteria laid down in the delegated acts referred to in paragraph 1, first subparagraph, point (b), of this Article.
Article 4b
1 A platform is established composed of the following: (a) representatives of the Member States, competent authorities and designated laboratories; (b) experts representing relevant stakeholders in the honey supply chain; (c) experts representing civil society; (d) experts appointed in a personal capacity who have proven knowledge and experience in the areas covered by this Directive; (e) experts representing academia, including universities, research institutes and other scientific organisations.
2 The platform shall: (a) gather data for methods to improve authenticity controls of honey, in particular methods for the detection of adulteration in honey, with a view to possibly harmonising them; (b) provide recommendations for a Union traceability system, with a view to tracing the honey back to the harvesting producer or importer; (c) provide recommendations on the possible need to update the composition criteria and other quality parameters laid down in this Directive; (d) provide recommendations with a view to establishing a Union reference laboratory.
3 The platform shall be chaired by the Commission. The Commission shall adopt rules on the composition and working methods of the platform. The Commission may invite experts with specific expertise on an ad hoc basis.’
Article 6
Only the treatments and substances listed in Part II of Annex I and the raw materials complying with Annex II may be used to manufacture the products defined in Part I of Annex I. Moreover, fruit nectars shall comply with Annex IV.’
Article 7b
1 The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 in respect of Article 7(3) of this Directive. That Committee is a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council .
2 Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 7c
No later than 14 June 2027, the Commission shall present a report to the European Parliament and to the Council providing an assessment of the feasibility of the different possibilities for labelling indicating the country or countries of origin where the fruit or fruits used to manufacture a fruit juice or fruit purée have been harvested. That report shall be accompanied, where appropriate, by a legislative proposal.
Article 4
Only the ingredients listed in Annex II and raw materials which comply with Annex III may be used in the manufacture of the products defined in Annex I.’
Article 6a
No later than 14 June 2027, the Commission shall present a report to the European Parliament and to the Council providing an assessment of the feasibility of the different possibilities for labelling indicating the country or countries of origin where the fruit or fruits used to manufacture fruit jams, jellies, citrus marmalades and sweetened chestnut purée have been harvested. That report shall be accompanied, where appropriate, by a legislative proposal.’
Article 4 Amendments to Directive 2001/114/EC
Directive 2001/114/EC is amended as follows: (1) in Article 3, the introductory sentence is replaced by the following: ‘Regulation (EU) No 1169/2011 of the European Parliament and of the Council shall apply to the products defined in Annex I to this Directive, subject to the following conditions: (2) Annex I is amended as follows: (a) in point 3, the following subpoint is added: ‘(d) Reduction of the lactose content by conversion to glucose and galactose. Modifications in the composition of milk as a result of this treatment shall be allowed only if they are indelibly indicated on the packing of the product so that it can be easily seen and read. Such indication is without prejudice to the obligation regarding nutrition labelling laid down by Regulation (EU) No 1169/2011. Member States may limit or prohibit modifications to the composition of milk referred to in this subpoint.’ ; (b) in point 4, the following subpoints are added: ‘(c) Authorised food enzymes in accordance with Regulation (EC) No 1332/2008 of the European Parliament and of the Council . (d) Authorised food additives in accordance with Regulation (EC) No 1333/2008 of the European Parliament and of the Council . (3) in Annex II, point (a) is replaced by the following: ‘(a) The English term “evaporated milk” means the product defined in Annex I (1)(b).’.
Article 5 Transposition
1 Member States shall adopt and publish, by 14 December 2025, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission. They shall apply those measures from 14 June 2026. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2 Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Article 6 Transitional measures
Products which are placed on the market or labelled before 14 June 2026 in accordance with Directives 2001/110/EC, 2001/112/EC, 2001/113/EC and 2001/114/EC may continue to be marketed until the exhaustion of stocks.
Article 7 Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 8 Addressees
This Directive is addressed to the Member States.
Relations
What this act cites, and what cites it.
Show relationsVersions
Point-in-time consolidated versions of this act.
Show versions