ORGANIZACIÓN MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IP/N/1/EEC/0/1 
30 de septiembre de 1996 
(96-3876) 
Original: español/ 
francés/ 
inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Comunidades Europeas 
En el presente documento se reproduce el texto de la Directiva del Consejo de 18 de diciembre 
de 1978 relativa a la aproximación de las legislaciones de los Estados miembros en materia de etiquetado, 
presentación y publicidad de los productos alimenticios destinados al consumidor final, notificada por 
las Comunidades Europeas en virtud del párrafo 2 del artículo 63 del Acuerdo mediante una comunicación 
de fecha 11 de julio de 1996. IP IN 11 IEEelOI 1 
Page 2 
S.2.79 Official journJl of the:: Europ\~:.1n Communities No L 33/1 
II 
(Acts whose /Jltblic(7tioJ: is not obligatory) 
COUNCIL 
COUi'\CIL DIRECTIVE 
uf 18 D:.:cemba 1978 
on the approxim:nion of the bws of th~ 1\l-:mba Scates relating to the labelling, 
presentation and advertising of foodstuffs for sale to the ultimate consumer 
(7~/112/E£C) 
THE COUNCIL OF THE EUROPEAN CO~L\1UN]TIE5, 
Having regard to the Tre~lty establishing the 
European Economic Community, and in particular 
Articles 100 and 227 thereof, 
H:1ving regard to the proposal from the 
~ommis5ion (I), 
Having regard ro the opinion of the European Parlia­
ment (:!), 
Having regard to the opinion of the Economic and 
Social Committee ell, 
Whereas differences which exist at present between 
tht' 1:1\v5, regulations and administrative provisions of . 
!\'1emher States on the labelling of foodstuffs impede 
the free circulation of these produces and can lead to 
uncqll:d conditions of competition; 
\'V'hereas, thereforc, npproximation of these' laws 
wou!d contribute to the smooth functioning of the 
common market; 
\V'hereas the purpose of this Directive should be to 
enact Community rules of a general n:ttllre npplicablt? 
horizontally to nil foodstuffs put on the market; 
(1) Oj No C 91, 22. 4. 1976, p. 3. 
e) 01 No C 178,2.8. 1976, p. 52. 
Cl) 01 No C 285, 2. 12. 1976, p. 3. \X:hcreas rules of a specifi-: nature which npply 
verric:tlly only to particular foodstuffs should be laid 
down in provisions dealing with those products; 
\'('hereas, moreover, the field of application of this 
Dirt'ctive should be limited to foodstuffs intended for 
sale to the ultimate consumer, and the rules 
go\"crning the labelling of products intended for 
subsequent processing or preparation should be fixed 
at n bter stage; 
\Vhercns the prime consideration for any rules on the 
bbelling of foodstuffs should be the need to inform 
and protect the consumer; 
\,\'hcn:as, therefore, n list should be drawn up of all 
informnriol1 which should in principle .be included in 
the labelling of all foodstuffs; " 
\,(:hereas, ho\vever, the horizontal nature of this 
Directive does not allow, at the initial stage, the 
inclusion in the compulsory indications of all the 
indications which must be added to the list applying 
in principle to the whole r~1I1ge of foodstuffs; 
whl!rcas, during the second stage, Community 
provisions should he adopted, aimed at 
supplementing the existing rules; whereas it would 
accordingly seem necessary to adopt as a matter of 
PflOflty Community pro\'!S1ons regarding the 
indication of certain ingredients in the sales 
description or by indicating a quantity; lP/N/l/EEC/O/1 
Page 3 
No L 33/2 Official Journal of the Europe:m Communities S.2.79 
\'Vhercas, furthermore, if in the absence of 
Community rules of ;1 specific nature 1\ 1cmber States 
should retain the righr to by down Cl:rtain national 
provisions which n1J~" be: added to the genera! 
provisions of this Directive, nevertheless these 
provisions should be subject to ;l Community 
procedure; 
\X'hereas the said Community proceJure may consist 
simply ill informing the Commission and the Member 
States when the m:Hter concerns the maintenance of 
national provisions thar precedc this Directive, but 
must be that of a Community Decision v,,"hen a 
Member Stare wishes ro ell;1ct new legislarion; 
\V'hcre:ls provision should also be: made for the 
Community legi~bror to derogate, in cxceprional 
cases, from certain oblig:uions that have been fixc:d 
generally; 
\X'hercas the rules on LIbelling should also prohibit 
the use of information that \vould mislead tht: 
purchaser or attribute medicinal properties to 
foodstuffs; \vhereas, ro be effective, this prohibition 
should also apply to the presentation and advertising 
of foodstuffs; 
\'Vhereas l'lember Sr3.res should retain the right, 
depending on local conditions and circumstances, to 
by down rules in respect of the bbclling of 
foodstuffs sold in bulk; whereas, in slIch cases, 
information should n~\"l.:rtheless hI.: provided for thL' 
consumer; 
\X1hereas, ,virh the aim of simplifying and accelerating 
the procedure, the Commission should be entrusted 
with the task of .1dopting implementing llH:asurcs of a 
technical nature; 
\'Vhcreas in all cases where the Council 1113kes the 
Commission responsible for implementing rules bid 
dO\,·/n in respect of foodstuffs, provision should be 
made for a procedure instituting close cooperation 
between l\1embcr Sr~Hes and the Commission within 
the Standing Committee on Foodstuffs, set up by 
Decision 69/414/EEC (I); 
Whereas foodstuffs in Greenland arc n13nufactured 
and marketed under conditions fundamentally 
different from those prevailing in the other parts of 
(I) 0] No L 291, 29. 11. 1969, p. 9. the Community because of the island's general 
situation and, in particular, because of its commcrci::d 
struciures, low popubtion, considerable area and 
sp.:cial gcogr:1phical Situ~Hion, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directi\"e concerns the labelling of 
foodstuffs to be dcli\"cred as such to the ultimate 
consumer ;1nd ccrrJin :lspects relating ro th~ 
present:1tion ,1I1d ~ld\"errising thereof. 
2. \'<lithout prejudice to the Community provisions 
to be adopred in this field, this Directive shall :lpply 
also ro foodstl1ff~ intended for supply to rest:lur:l11ts, 
hospitals, canteens and other similar mass caterers, in 
so f::lr as the Member States shall so decide. 
3. For the purpose of this Directive, 
(a) 'labelling' sh:1ll mean any words, particulars, 
tr;1de ll1Jrks, br;lI1d name, pictori:11 matter or 
symbol relating to a foodstuff and placed on "any 
p:lcL~ging, "document, notice, label, ring or colbr 
~ccompanying or ref~rring to such food­
stuff; 
(b) ·pre-packagI.:J foodstuff' shall mean any single 
item for prc:scr~t;1rion as ~uch to the ulrim:1te 
consumer, consisring of a foodstuff and the pack­
:1ging into which it was put before being offered 
for s:1le, wherhc:r such packaging encloses the 
foodstuff completely or only p:lrrially, but in 
any case in such a way that the conrenrs cannot 
be ::dtcred without opening or changing the 
packaging. 
Article 2 
1. The labelling 311J methods used must not: 
(a) he such as cOl!IJ mislead the purch3ser to ;l 
material degree, pJrricularly: 
(i) as to the characteristics of the foodstuff and, 
in particubr, :lS to its nature, identity, 
properties, composition, quantity, durability, 
origin or provenance, method of 
n1:.11111bcture or prodllcrion, IP/N/l/EEC/O/1 
Page 4 
8.2.79 Official Journai of the European Communities No L 33/3 
(ii) by attributing to the foodstuff effects or 
properties which it does not possess, 
(iii) by suggesting that the foodstuff possesses 
special characteristics when in fact all similar 
foodsruffs possess such characteristics; 
(b) subject to the provisions applicable to foodstuffs 
for particular nutritional uses, attribute to any 
foodstuff the property of preventing, treating or 
curing a human disease, or refer to such 
properties; Community provisions or, where 
there are none, national provisions may derogate 
from this rule in the case of natural mineral 
waters. 
The procedure laid Jown in Article 16 shall 
apply to any such n:l[ional provisions. 
2. The Council, in accordance with the procedure 
laid down in Article 100 of the Treaty, shall draw up 
a non-exhaustive list of the claims within the 
meaning of paragraph 1, the use of which must at all 
events be prohibited or restricted. 
3. The prohibitions or restrictions referred to 111 
paragraphs 1 and 2 shaIl also apply to: 
(a) the presentation of foodstuffs, in particular their 
shape, appearance or packaging, the packaging 
materials used, the way in which they are 
arranged and· the setting in which they are 
displayed; 
(b) advertising. 
Article 3 
1. In accordance with Articles 4 to 14 and subject 
to the exceptions contained therein, indication of the 
following particulars alone shall be compulsory on 
the labelling of foodstuffs: 
(1) the name under which the product is sold, 
(2) the list of ingredients, 
(3) in the case of prepackaged foodstuffs, the net 
quantity, 
(4) the date of minimum durability, 
(5) any special storage conditions or conditions of 
use, (6) the name or business name and address of the 
manufacturer or pacbger, or of a seller 
cstahlished within the Community. 
However, the Mcmher Stares shall hc authorized, 
in respect of butter proJuccJ in their territory, to 
require only an indication of the mal11.lfacturer, 
packager or seller. 
\'\'ithour prejudice to the notification provided 
for in Article 22, ~1ember States shall inform the 
Commission and the othcr !-'lember States of any 
measure takcn pursuant to this paragraph, 
(7) parricubrs of the place of origin or provenance in 
the G1SeS where bilurc to give such particulars 
might misle:ld the consumer to a material degree 
:lS to the true origin or provcn:mce of the 
foodstuff. 
(S) instructions for use when ir would be impossible 
to make appropriate use of the foodstuff in the 
~1 bsencc of such instructions. 
2. Notwithstanding the previous paragraph, 
!Y1ember States may retain n:ttional provisions which 
require indication of the factory or packaging centre, 
in respect of home production. 
3. The provisions of this Article shall be without 
prejudice to more precise or more extensive 
provisio.l1s regarding weights and measures. 
Article 4 
1. Community prOVISIons applicable to specified 
foodstuffs and not to foodstuffs in general may 
provide for derogations, in exceptional cases, from 
the requirements laid down in Article 3 (1), points 2 
and 4, provided that this does not result in the 
purchaser being inadequately informed. 
') Coml1lunity provisions ;lpplicable ,w specified 
foodstuffs ~ll1d nor to foodstuffs in .general may 
prm'ide that other particulars in addition to those 
listed in Article 3 must appear on the labelling. 
\Vhen: there are no Community provisions, Member 
States may make provision for sLlch particulars in 
accordance with the procedure laid down in Article 
16. 
Article 5 
1. The name under which a foodstuff is sold shall 
be the name laid down by whatever laws, regulations 
or administrative provisions apply to the foodstuff in 
question or, in the absence of any such name, the IP/N/l/EEC/O/! 
Page 5 
No L 33/4 Offici::d jOllrlul of the European Communities S.2.79 
name customary JI1 the ~'1('mber State where the 
product is sold to the ultim::ne consumer, or a 
description of che foodstuff ':lI1d, if llecessary, of its 
use, that is sufficiently precise to inform the 
purchaser of its true nature and to Clublt': it to be 
distinguished from products with which it could be 
confused. 
2. No trade mark. brand l1a111e or bncy name BUV 
be substitutep for the l1~t!11e under which' the produ;t 
is sold. 
3. The name under which the product is sold shall 
include or be accol11~Jnied by particulars as to the 
physical condition of the foodstuff or the specific 
treatment which it h.1S undergone (c.g. powdered, 
freeze-dried, deep-frozen, concenrratcd, smoked) ill 
all cases where oilli:::i:on of sllch informarion (ould 
create confusion in the mind of the purchaser. 
Article 6 
1. Ingredients sh:1I1 be listed 111 accordance with 
this Article and the Annexes. 
2. Ingredients neeJ not be listed in the case of: 
(a) -fresh fruit and \"t~getabJes, including potatoes, 
. which have not been peeled, cut or simibrly 
treated, 
carbonated \\"~1ter, the description of which 
indicates tha: it has hcen carbonated, 
fermentation \'inegars Jeri\'l~J exclusively 
from a single bJsic product, prodded that no 
orher ingredient h;lS hl'l'n ;lddt:d; 
(b) cheese, 
bum:r, 
fermented milk and cream, 
provided that no ingredicnr has been :lddcd other 
than lactic produ(ts, enzymes and micro-organ­
ism cultures esSenriJI to mal1ufacture, or the salt 
needed for the mJnutacture of cheese other than 
fresh cheese and PW(t:sseJ chl't.'s<:; 
(c) products consisting of ;1 singl\! ingredient. 
3. In the case of be\'crages conralllll1g more than 
1·2 % by volume of ;tlcohol, the Council, acting on 
a proposal from the Cummission, shall, before the 
expiry of a period of fOllr years following notification 
of this Directive, determine the rules for labelling ingredients and, possibly, il1(licating the alcoholic 
strcngth. 
4. (J) 'Ingredient' shall mean any substance, 
including addiri\'es, used ill the m:l!1ubcture 
or preparation of ;1 foodstuff and still prcscnr 
ill the finished piOducr, C\'cn if in altcrcl! 
form. 
(b) \Vhere an ingredicllC of the foodstuff is itself 
the product of ~c\"(:ral ingredients, the latter 
shall be regardeJ as ingredients of the 
foodstuff in question. 
(c) Thc followiI1~ sh.1l1 nor be regarded ;lS 
ingredients: ~ 
(i) the cOl1srirucllts of :1I1 ingredient \\'hich 
ha\'e been tl'l11porarily SCp;1rJtcd during 
the mal1uf;tcruring process and Luer 
reintroduced but not· in excess of their 
original proportions; 
(ii) -additircs: 
-whose presence in a gi\"l~n 
foodstuff is solely due to the bct 
that chey were contJined in one or 
more ingredients of that foodstuff, 
pro\'ided that they serve no 
technological function in the 
finished product, 
-which Jre used as processing aids; 
-substances used in the quantities 
stricrly necessary JS solvents or mediJ 
for additin~s or flavouring. 
(d; In certain cases Decisions may be taken in 
,accordance with the procedure bid down in 
Article 17 as to whether the conditions 
described in (c) (ii) ;lr.: satisfied. 
5. (a) The list of insrcdienrs shall include all the 
ingredients or the foodstuff, in descendi,ng 
order of weight, as recorded at the time of 
their lIse in rh.: m:1l1ubcrurt: of the foodstuff. 
lt shall Jppe:u preceded by a suitable heading 
which includes the wurd 'ingn:dients'. 
However: 
added water ;1nd \'obrilc products shall be 
listed in order of their weight in the 
finished product; the amount of \vater 
added as an ingredient in ~1 foodsmff shall 
be calculatt.'d by deducting from the tot:!1 
amount of the finished product the total 
amount of the other ingredicnts used. This 
amount Il~ed nor be taken into 
considcr:ltion if it does not exceed 5 % b)' 
\veight of tht.' finished product; IP/N/l/EEC/O/l 
Page 6 
8. 2. 79 Official Journal of the European Communities No L 3315 
ingredients llsed in concentrated or 
dehydr~1tcd form and reconstituted at the 
time of nUI1ufacture may be listed in order 
of weight as recorded before their 
cOl1ccntr3.tiol1 or dehydration; 
in the case of concentrated or dehydrated. 
foods which are intended to be 
reconsitllted by the addition of \vater, tho 
ingredients may be listed in order of 
proporrion in the reconstituted product 
provided that the list of ingredients is 
<1ccompanied by <1n expression such as. 
'ingredients of the reconstituted product', 
or 'ingredients of the re3dy-ro-usc 
product'; 
in the else of mixtures of fruit or 
yegct3blcs where no p3rticubr fruit or 
vegetable signific<1nrly predominates in 
proportion by weight, those ingredients 
may be listed in <1nother order provided 
that th3.t list of ingredients is <1ccompanied 
by ° an expression sueD as 'in variable 
proportion'; 
in the case of mixtures of spices or herbs, 
where none significantly predominates in 
proportion by \veight, those ingredients 
may be listed in <1nother order provided 
th<1t that list of ingredients is accompanied 
by an expression -such as 'in variable 
proportion'; 
(b) ingredients shall be design:1ted by their specific 
name, where applicable, in accordance with 
the rules laid down in Article 5. 
However: 
-ingredients \\'hich belong to one of the 
categories listed in Annex I and <1 re 
constituents of another foodstuff need only 
be designated by the name of that 
C:ltegory; 
ingredients belonging to one of the 
categories listed in Annex II must be 
designated by the name of that category, 
followed by their specific name or EEC 
number; if an ingredient belongs to more 
than one of the categories, the category 
appropriate to the principal function in the 
case of the foodstuff in question shall be 
indicated; amendments to this Annex 
based on advances in scientific and 
technical knO\vledge shall be adopted in 
accordance with the procedure bid down 
in Article 17; fbvouring m:1t:er s:lJll be described in 
accord.lncc with the national provisions 
~lpplicable therero, until the entry into 
force of the Community prorisions; 
the Community pro\Oisions or, where there 
are none, the national provisions 
applicable to certain specified foodstuffs, 
ITI:1ny <1lso provide for categories additional 
to those specified in Annex 1. \Vithout 
prejudice to the notification provided for 
in Article 22, 11ember States shall inform 
the Commission and the other 1fember 
St:1tes of any me~lsure taken pursuant to 
this indent. 
6. COI11l11unitr prO\"lSlOnS or. where there are 
110:1C, 1l.1(io1UI pro\Oisions nuy by down that the 
11;1l11C under which a specific foodstuff is sold is to be 
accomp3nied by mention of a particular ingredient or 
ingredients. 
The rrocedure bid down in Article 16 shall apply to 
any sllch national pro\·isions. 
7. In the case referred to in paragraph 4 (b), a 
compound ingredient may be included in the list of 
ingredients, under its o\vn designation in so far as 
this is laid down by law or established by custom, in 
terms of its overall v.,·eight, provided that it is 
immediately followed by a list of its ingredients. 
Such a list, howc\·er, shall not be compulsory: 
-where the compound ingredient constitutes less 
than 25 % of the finished product; however, this 
exemption shall not apply in the case of additives, 
subject to the prodsions of paragraph 4 (c), 
-where the compound ingredient is a foodstuff for 
which a list of ingredients is not required under 
Community rules. 
S. Notwithstanding paragraph 5 (a); the water 
content need not be specified: 
(:1) where the water is llsed during the manufacturing 
process solely for the re.:onstitution of an 
ingredient used in concentrated or dehydrated 
form; 
(b) in the case of a liquid medium which is not 
normally consumed. 
Article 7 
1. \Vhere the labelling of a foodstuff places 
emphasis on the presence or low content of one or IP/N/l/EEC/O/l 
Page 7 
No L 33/6 Official Journal of the European Communities S.2.79 
more ingredients which 3.re essential to the specific 
properties of the foodstuff, or \vhere the description 
of the foodstuff has the S3.me effect, the minimum or 
maximum percentage, JS the case may be, used in the 
manufacture thereof shall be stated. 
This information sh:.111 appear either immedi3.tely 
next to the name under which the foodstuff is sold or 
in the list of ingredients in connection with the in­
gredient in q~estion. 
In accordance with rhe procedure bid down in 
Article 17, it may be decided th3.t, in the case of 
certain ingredients, the percentage referred to in this 
paragraph shall be expressed in absolute terms. 
2. Paragraph 1 sh::111 not apply: 
(a) in the case of bbelling which is inrended to 
characterize a foodstuff in accordance with 
Article 5 (1) or which is required under 
Communit}' prm·isions or, \vhere there are none, 
under natioIlal provisions applicable to certain 
foodstuffs; 
(b) in the case of ingredients used in small quantities 
only as flavourings. 
3. Community prodsions or, where there are 
none, national prm·i:;ions may stipubte for certain 
foodstuffs, as well as in the case referred to in 
paragraph 2 (a), th:.H quantities of certain ingredients 
must be indicated eitha in absolute terms or as per­
centages and th:n, where appropriate, mention should 
be made of any 3.ltcr:nion in the quantities of rhese 
ingredients. 
The procedurc bid down in Article 16 shall apply to 
any sllch nation:1! provisions. 
Article 8 
1. The nct qu;mtiry of prepackaged foodstuffs 
shall be expressed: 
in units of volume in the case of liquids, 
in units of mass in the case of other products, 
using the litre, cenrilitn:, millilitre, kilogram or gram, 
as appropriate. 
Community pro\'isions or, where there are none, 
national provisions ~lpplicabJe to certain specified 
foodstuffs may derog.:ue from this rlll~. 
The procedure laid down in Article 16 sh:111 apply to 
any such national pw\"isions. 2. (:1) \\'here the indiCJtion of 3. certain type of 
quaIHity (e.g. nominal quantity, minimum 
quantity, 3\·erage quantity) is required by 
Community pro\·isions or, where there are 
none, by n:1tiol131 provisions, this quantity 
shall be regarded as the net quantity for the 
purposes of this Directin!. 
\'\iirhout prejudice to the notification provided 
for in Article 22, :-"!cmber Stares shall inform 
the Commission ~1l1d the other lvlember States 
of any measure taken pursuant to this point. 
(b) Community pro\·isions or, where there arc 
none, n~1tional prm·isions mar, for certain 
specified fuudstuffs classified by quantity m 
categories, r~quirc other indications of 
quantity. 
The procedure bid down in Article 16 shall 
apply to any such national provisions. 
(c) Where a prepackaged item consists of two or 
more individual prepackaged items containing 
the same quantity of the same product, the net 
quantity shall be indicated by mentioning the 
net quantity contained in each individual 
package and the total number of such 
packages. Indic3tion of these particulars shall 
nor, however, be compulsory where the toral 
number of il1dividu~11 packages can be clearly 
seen and easily counted from the outside and 
where at le:1st one indication of the net 
quantity cOllt:lined in each individual package 
. can be clearly seen from the outside. 
(d) \Vhere ;). prcp~lckagcd item cunsists of two or 
more individu:d packages \vhich are nor 
regarded as units of sale, the net quantity sh:dl 
be given b)' indicating the total net quantity 
and the total number of individual packages. 
Community prm·isions or, where there ~lrc 
none, national provisions need not, in the case 
of certain foodstuffs, require indication of the 
total number of individu:d packages. 
\'\'ithout prejudice to the notification provided 
for in Article 22, :-"lember States shall inform 
the Commission and the othcr !-'1ember States 
uf an)' mt:aSUrc: r;1ken purSU.lnt to this point. 
3. In the case of foodstuffs normally sold by 
number, ~1ember St:nes need not require indication 
of,the net quantity provided that the number of items 
can clearly be seen and easily counted from the 
outside or, if not, is indic:ucd on the labelling. 
\'qithout prejudice to the notific:ltion provided for in 
Ankle 22, Melnbcr States shall inform the IP/N/l/EEC/O/l 
Page 8 
S.2.79 Official Journal of r1e European Communities No L 33/7 
Commission and the other 1'\1cmber Stares of any 
me:asure taken pLlrSll~llH to this paragr .. 1ph. 
4. \X'here a solid foodstuff is presented in a liquid 
medium, the drained net weight of the foodstuff shall 
also he indicated 011 the labelling. 
for the purposes of this paragraph, 'liquid medium' 
shall mean the following products, possibly in 
mixrures, provided that the liquid is merely an 
adjunct to the essential elemenrs of that preparation 
and is thus not a decisive f..1Ctor for the purchase: 
water, salt waeer, brine, vinegar, aqueolls solutions of 
sugars, and fruit or vegetable juices in the C~1se of 
ti n ned fru i r or \"(~gt:ta b !cs. 
I\kthods of checking the: drained net weight sh:lll be 
detcrminc~i ill :1\.xord~1nct: with the prot.:t.'durc bid 
down in Arridc: 17. 
5. It shall not be compulsory to indic4Hc the net 
qU:lntity in the C41se of foodstuffs: 
(a) which are subject to considerable losses in their 
volume or mass ::md which are sold by number 
or weighed in the presence of the purchaser; 
(b) the net quantity of which is less than 5 g or 5 ml; 
however, this provision shaH 110t apply to spices 
~lI1d herbs. 
Community provisions or, where there: are: none, 
national provisions applicable to specified foodstuffs 
may in exceptional Clses lay down thresholds which 
are higher than 5 g or 5 ml provided that this does 
not result in the purchnser being inadequately 
informed. 
Without prejudice to the notification provided for in 
Article 22, !vlember States shall inform the 
Commission and the other l-.1ember States of any 
measure taken pursuant to this paragraph. 
6. Until the cnd of the transitional period during 
which the use of the imp~rial units of me,lsurement 
contained in Chnpter D of the Annex to Directi\·e 
711354/EEC of 18 October 1971 on the 
approximation of the laws of the l-.1ember States 
rebting to units of measurement (1), as last amended 
by Directive 761770/EEC (:!), is authorized in the 
Communit}" Ireland and the United Kingdom may 
permit the quantity to be expressed only in imperial 
units of measurement calculated on the basis of the 
following conversion rates: 
(I) 01 No L 243, 29. 10. 1971, p. 29. 
(:?) 01 No L 262, 27. 9. 1976, p. 204. 1 ml ,~ 0·0352 fluid ounce::" 
1 I = 1·760 pints or O· 220 gallons, 
1 g = 0·0353 ounces (~l\'olrdupois), 
1 kg = 2·205 pounds. 
Article 9 
1. The d:lte of minimum durnbility of a foodstuff 
shall be the date unril which the foodstuff retains its 
specific properties when properly stored. 
Ir $h:lIl be: inJic~lted in Jccordance with the 
pnwisions of th is Article. 
1 The date shall be prt.'ceJd hy the words: 
'B~st hefore .. .' when the date includes an 
indi(~Hioll of the Jay, 
'Best before: end .. .' in other cases. 
However, in the case of certain foodstuffs \vhich, 
from the microbiological point of view, are highly 
perishable, l-.-1ember Scates m;]), require the words 
'use before: ... .' to be indi"::3.ted. \Vithout prejudice to 
the notification provided for in Article 22, Member 
States shall inform the Commission and the other 
1vlember States of ~l11y measure taken pursuant to this 
subparagraph. 
Before the expiry of a period of six years from the 
date of notification of this Directive, the Council, 
acting on a proposal from the Commission, shall 
decide on the common date-indication arrangements 
for highly perishable foodstufis of the sort referred to 
in the second subparagraph. 
3. The words referred to in paragraph 2 shall be 
accompanied by: 
-either the date itself, or 
a reference ro where the date is given on the 
labelling. 
\ 
If need be, these particulars shall be followed by a 
description of the storage conditions \vhich must be 
observed if the product is to keep for the specified 
period. 
4. The date shall consist of the day, month and 
year in uncodcd chronological form. 
However, in the case of foodstuffs: 
which will not keep for more than three months, 
an indication of the day and the month will 
suffice, lP/NIl/EEC/O/1 
Page 9 
No L 33/8 Official Journal of the European Cornmuniries 8.2.79 
which will keep for more than three months but 
not more than 1 S months, an indica [ion of the 
month and year will suffice, 
-which will keep for more than 18 months, an 
indication of the year \vill suffice. 
The manner of indicating the date may be specified 
according to the procedure bid down in Article 17. 
5. In their own territories the l\1ember States may 
permit the mll1lmUm durability period to be 
expressed otherwise than in terms of the date of 
minimum durability. 
\"Vithout prejudice to the notification provided for in 
Article 22, I-.lembcr States shall notify the 
Commission and the other .Member States of any 
measure taken under this paragraph. 
6. Subject to the Community provisions governing 
the products below, an indication of the date of 
minimum durability shall not be required for: 
-fresh fruit and vegetables, including' potatoes, 
which have not been peeled, cut or similarly 
treated, 
-wines, liqueur wines, sparkling wines, aromatized 
wines, fruit \vines and sparkling fruit wines, 
-beverages containing 10 % or more by volume of 
alcohol, 
bakers' or pastry·cooks' wares which, given the 
nature of their content, are normally consumed 
within 24 hours of their manufacture, 
vinegar, 
-cooking salt, 
-solid sugar, 
-confectionery products consisting of flavoured 
and/or coloured sugars. 
Article 10 
1. The instructions for use of a foodstuff shall be 
indicated in such a way as to enable appropriate use 
to be made thereof. 
2. Community pro\'isions or, where there are none, 
national provisions may, in the case of certain 
foodstuffs, specify the way in which the instructions 
for use should be indicated. 
The procedure laid down in Article 16 shall apply to 
such national provisions. Article 11 
1. (a) \X'hen the foodsruffs are prepackaged, the 
p:uticulars provided for in Article 3 and 
Article 4 (2) shalt appear on the prepackaging 
or on a label atrached thereto. 
(b) Notwithstanding point (a) and without 
prejudice to Community provIsIons Oil 
nominal amounts, J\·lember States may 
authorize that all or some of the particulars 
pro\'ided for in Article 3 and Article 4 (2) b~ 
gi\"en only on the relevant trade documents 
when the foodstuffs are prepackaged and 
marketed prior ro their sale to the ulrim:uc 
consumer. 
\'\'ithout prejudice to the notification provided 
for in Article 22, J..lembcr St:ues shall inform 
the Commission and the other Member States 
of any measure taken pursuant to this poinr. 
The Council, acting on a proposal from the 
Commission, shall lay dO\vn the provisions to 
apply subsequently in this connection not later 
than nine years after notification of this 
Directive. 
2. These particubrs shall be easy to understand 
and marked in a conspicuous place in such a way as 
to be easily visible, clearly legihle and indelible. 
They shall not in any way be hidden, obscured or 
interrupted by other written or pictorial marrer. 
3. (a) The particulars listed in Article 3 (1), points 1, 
3 and 4, Sh~llI appear in the same field of 
vision. 
This requirement may be extended to the 
particulars prO\"jdcd for in Article 4 (2). 
(b) However, for glass botrIes intended for re-use, 
upon which OIlC of the particulars listed in 
point (a) is indelibly marked, this requirement 
shall not apply for a period of 10 years 
following notification of this Direcrive. 
4. l\1ember Sr~ltes may: 
(a) permit that only the particulars listed in Article 
3 (1), points 1, 3 and 4, be indicated on 
packaging or containers the largest surface of 
which has an area of less than 10 cm:?, 
(b) require the indication of only some of the 
particulars listed in Article 3 in respect of milk or 
milk products in bottles intended for re-use; in 
this case they may also provide for derogations 
from paragraph 3 (a). IP/N/l/EEC/O/l 
Page 10 
S. 2. 79 Official Journal of the European Communmes No L 33/9 
\vithout prejudice to the notification provided for in 
Article 22, I\kmber St:ttes sh~ll inform the 
Commission nnd the other I\'lember Statcs of any 
measure taken pUrSU3.lH to this p~1ragrnph. 
Article 12 
\'\'here foodstuffs arc offered for sale to the ultimate 
consumer without pr~packagil1g, or where foodstuffs 
are packaged on the sales premises at the consumer's 
request or prepackaged for direct sale, the !'-.1embcr 
States shall adopt detailed rules conccrning the: 
manner in which the particulars specified in Article 3 
nnd Article 4 (2) :lrt: ro be shown. 
They mar dccidt: nor to require the proyision of :dl 
or some of rhcsl' particulars, providcd rh;1t the 
consumer still rt:(~ivcs sufficient information. 
Article 13 
This Directive shall not affect the proVlSlOns of 
national laws which, in the absence of Community 
provisions, impose less stringent requirements for the 
labelling of foodstuffs presented in fancy packaging 
such as figurines or souvenirs. 
Article 14 
~1ember States shall rdrain from laying down 
reqllirements more detailed than those already 
contained in Articles 3 to 11 concerning the manner 
in which the particulars provided for in Article 3 and 
Article 4 (2) are to be shown. 
The I\1ember States shall, however, ensure that the 
sale of foodstuffs 'within their o\\"n territories is 
prohibited if the particulars provided in Article 3 and 
Anicle 4 (2) do not appear in a language easily 
understood by purchasers, unless other measures 
ha.ve been taken to ensure that the purchaser is 
informed. This provision shall not prevent such 
particulars from being indicated in variolls languages. 
Article 15 
1. Nlember States may not forbid trade in 
foodstuffs which comply with the rules laid down in 
this Directive by the application of non-harmonized 
national provisions governing the labelling and 
presentation of certain foodstuffs or of foodstuffs in 
general. . 
2. Paragraph 1 shall not apply to non-harmonized 
national provisions justified on grollnds of: .-protecrion of public health, 
prevention of fraud, un!c:'ss sllch provIsIons are 
li:.1ble to impede the appli..:-;.nion of the definitions 
and rules laid dO\\'11 br this Direcrive, 
protection of industrial and commercial property 
rights, indications of provenance, registered 
design:ltions of origin ~1nd prevention of unfair 
competition. 
Article 16 
\X'herl? n:kn:IKc is made to this Article, the following 
pro-:tdurt: sl1l11 apply: 
(1) \,\'hcn a !\ lember State l1uintains the proVIsIOns 
of its national laws, ic shall inform the 
Commission and the other ~lember States thereof 
within a period of two rears after notification of 
this Directive; 
(2) Should a !vlember State deem it necessary to 
adopt new legislation, it shall notify the 
Commission and the other Member States of the 
measures envisaged and give the reasons 
justifying them. The Commission shall consult 
the Member States within the Standing 
Committee on Foodstuffs if it considers such 
consultation to be useful or if a Member State so 
requests. 
l\lember States mar t8.ke sllch envisaged 
measures only three months after such 
notification and provided that the Commission's 
opinion is not negative. 
In the latter event, and before the expiry of the 
abo\'ementioned period, the Commission shall 
initiate the procedure pro\'ided for in Article 17 
in order to determine whether the envisaged 
measures may be implemented subject, if 
necessary, to the appropriate modifications. 
Article 17 
1. \X'"here the procedure laid down in this Article is 
invoked, the matter shall be referred to the Standing 
Committee on Foodstuffs (hereinafter called 'the 
Committec') by its chairman, either on this own 
initiative or at the request of a representative of a 
!'-.'lember Stare. 
2. The representative of the Commission shall sub­
mit to the Committee a draft of the measures to be 
taken. The Committee shall give its opinion on that 
draft within a time limit set b\· the chairman having 
regard to the urgency of the ~1atter. Opinions shall 
be delivered by a majority of 41 votes, the votes of IP/N/lIEECIO/l 
Page 11 
No L 33/10 Official Journal of the Europe~lI1 Communities 8.2.79 
the IvIember States being weighted as provided for in 
Article 148 (2) of the Treaty. The ch~lirman shall not 
vote. 
3. (a) \\'here the me:1surcs envisaged are 111 
accordance with the opinion of the 
Committee, the Commission shall adopt them. 
(b) \\!here' tht.: me3sures el1\'isaged are not in 
accordance with the opinion of the 
Committee, or if no opinion is delivered, the 
Commission shall without delay submit to the 
Council a propos3l on the measures to be 
taken. The Council sh::dl act by a qualified 
majority . 
. :c; If the Council h:1s nor acted within three 
months of the propos:11 being sllbmitrcd to it, 
the proposed measures shall be adopted by 
the Commission. 
Article 18 
Article 17 shall apply for 18 months from the date on 
which the matter was first referred to the Committee 
pursuant to Article 17, 
Article 19 
If temporary measures prove necessary to facilitate 
the 3pplication of this Directin~, they shall be 
adopted in accordance with the procedure provided 
for in Arrick 17. 
kticle 20 
This Directivc shall not affect Community pro\'isions 
rebting to the labelling and presentation of certain 
foodstuffs alrcady adopted at the. time of its 
notification. 
Any amendments necess~ry to harmonize such 
pro\'isions with the rulcs bid do\vn in this Directive 
shall be decided in accordance with the procedure 
applicable to each of the provisions in question. 
Article 21 
This Directive shall not apply to products for export 
outside the Community. Article 22 
1. I\lember Stares sh:111 m:1ke such amendments to 
their b\\"s ~s may be llCCCSS;HY to comply with the 
prm'isioIls of this Directi\'c and shall fortl1\vith 
inform the Commission thereof; the hnvs thus 
al11~ndcd 5h:111 be applied in such a \\';1)' as to: 
permit trade in those products \\'hich comply with 
rhe pro\'isiol1s of this Directive no bter th~lIl two 
years after its notification, 
prohibit trade in thos~ products which do nor 
comply with the pro\'isiol1s of this Directive four 
YC;1rs after its norific:1tion. 
(;1) in the casc of ccrt;lin foodsruffs, reduce the 
period specified 111 the sccond indent of 
paragraph 1; 
(b) in the case of certain foodstuffs \vhich keep for a 
long time, extend the period specified in the 
second indent of paragr:1ph 1; 
(c) without prejudice to the first indent of Article 
23 (1) (b), in the case of foodstuffs which will 
kcep for morc than ]]. months, extend to six 
:-c~rs the period bid down in the second indent 
of paragraph 1 above as regards the obligation to 
indicate the date of minimum durability. 
3. In the case referred re: 
(a) in par:1graph 2 (a), the procedure laid down 
in Article 16 (2) Sh.lll ~pply to any national 
pro\ ision; 
(b) in p:1r;lgraph 2 (b) and (c), \!cmbcr States sball 
inform rhe Commi~sj(ln ;llld the other ~1~mber 
St:1tCs of :111)' measure t:1kcll pursuant ro the said 
points. 
4. I\1ember States shall also ensure that the 
Commission rccciYl's the rext of any essenti:lI 
provision of national bw which rhey adopt in the 
field governed by rhis Directive. 
Article 23 
1. By way of derogation from the second indent 
of Article 22 (1), i\1embcr States may make 
implementation of the provisions relating to the 
following matters optional: 
(a) the designation, provided for in the second indent 
of Article 6 (5) (b), of the specific name or EEC 
number of the jllgredi~nts belonging to one of 
the categories listed in Annex II; IPINIl/EEC/OI 1 
Page 12 
8.2.79 Official Jourm.l of the European Communities No L 33/11 
(b) th~ indication pro\'id~d for in Article 9, of the 
date of minimum durability in the case of: 
foodstuffs \\'hos~ minimum durability exceeds 
1S months, 
deep-frozen foodstuffs, 
-ice-creams, 
-chewing gums and similar chewing products, 
fCTmentcd cheese intended to ripen 
completely or partially in prcpackaging; 
(c) the inform:1tion provided for in Ann~x I to 
supplement the designation 'oil' or 'fat'. 
2. \X'jthour prejudicc to the inform:ltion provided 
for in Article 22, 1\ {ember Stares shall inform the 
Commission and the orhcr ~ lember States of any 
measure t;lken pursuant to paragraph 1. 
3. After a period of five years following 
notific;ltion of this Dircctive, the Council shall, in 
accordance with the procedure laid down in Article 
100 of the Treaty, decide upon the common rules to 
apply in the cases referred to in paragraph 1. Article 2"; 
This Directive sh::dl also apply ro the French overseas 
dep~utments. 
Article 25 
This Directive shall not.apply to foodstuffs marketed 
in Grt:cnIand, intended for local consumption. 
Article 26 
This Directin~ is addressed ro the ~lember SrJr~s. 
Done at Brussels, 18 December 1978. 
For the Council 
The President 
J. ERTL No L 33/12 IP/N/lIEEC/O/l 
Page 13 
Official Journal of the European Communities 
ANNEX I 
Categories of ingredients which may be design:Jted by the name of the category r:Jther than 
the specific name 
Definition 
Refined oils other than olive oil. 
Refined fats. 
Mixtures of flour obtained from two or 
more cereal species. 
Starches, and starches modified by physicJI 
or enzymatic means. 
All species of fish where the fish constitutes 
an ingredient of another foodstuff and 
provided that the name and presentation 
of sllch foodstuff does not refer to a 
specific species of fish. 
All types of poultrymeat where such meat 
constitutes an ingredient of another food­
stuff and provided that the name and 
presentation of such a foodstuff does not 
refer to a specific type of poultrymeat. 
All types of cheese where the cheese or 
mixture of cheeses constitutes an ingredient 
of another foodstuff and provided that the 
name and presenration of such foodstuff 
does not refer to a' specific type of cheese. 'Oil', together with 
either the adjective 'vegetable' or 'ani­
mal', as appropriate, or 
an indication of their specific vegetable 
or anim:d origin. 
The adjecti\'e 'hydrogel1J.ted' mllsr 2":­
company the indication of a hydrogenlted 
oil where the vegetable origin or the specific 
vegetable or animal origin is mentioned. 
Howe\'er, in either case, Member States 
may lay down requiremenrs which are more 
stringent iri the case of foodstuffs consisting 
essentially of oils and fats, emulsified' 
. S:lUces or preparations where the oil serves 
as a liquid medium; in that case the pro­
cedure laid down in Article 16 shall apply. 
'Fat', together with 
-either the adjective 'vegetable' or ani­
mal', as appropriatc, or 
-:m indication of their specific vegetablc 
or animal origin. 
However, in either case, Member States 
may lay down requirements which are more 
stringent in the Cl se of foodstuffs consisting 
csse~tial1v of oils and fars or emulsified 
sauces; in thlr case the procedure bid 
down in Article 16 shall JPply. 
'Flour', followed by a list of the cereals 
from which it has been obtained in de­
scending order by weight. 
Starch. 
Fis·h. 
Poultryme~lC. 
Cheese. 8.2.79 IP/N/l/EEC/O/1 
Page 14 
8.2.79 Official Journal of the European Communities 
Definition 
All spices and spiel: t:xtr;\~rs nor exceeding 
2 v/o b,-weight of the foodstuff. 
All herbs ur parrs of herbs noe exceeding 
2 Vo b}' weight of the foodstuff. 
All types of gum prep;lration~ llsed in the 
mJllufoctllre of gum b~lse for chewing gum. 
All trpe~ of crumbed b3ked cereal 
prodllces. 
All types of Sllcrose. 
Anhydrous dextruse: .lllJ dextrose 1110110-
h~·dr.lte. 
All types of c3sein3te!l. 
Press, expeller or rdined cocoa butter. 
All crrscallized fruit not cxcecdill~ 10 % 
of the ~veighe of the foodsruff. • Desig1t..1ti01: 
Spice(s) or mixed spices. 
Herb(s) or mixed herbs. 
Gum base. 
Crumbs or rusks as appropri:He:. 
Sugar. 
Ot!xrrose. 
Casein3tes. 
Cocoa butter. 
Crystallized fruit. No L 33/13 No L 33/14 IP/N/l/EEC/O/l 
Page 15 
Official Journal of the European Communities 
ANNEX II 
Categories of ingredients which must be designated by the name of the category to which 
they belong, followed by their specific name or EEC number 
Colour 
Preservative 
Antioxidant 
Emulsifier 
Thickener 
Gelling agent 
Stabilizer 
Flavour enhancer 
Acid 
Acidity regulator 
Anticaking agent 
Modified starches (1) 
Artificial sweetener 
Raising agent 
Antifoaming agent 
Glazing agent 
Emulsifying salts (2) 
Flour imp rovers 
(I) Indication of specific name or EEC number is not required. 
(I) Only for processed cheeses and processed cheese products. 8.2.79