### the commission may support initiatives accelerating the emergence of competitive industries based on cross - sectoral activities in areas characterised by a high proportion of smes and with a high contribution to the union ' s gdp . such initiatives shall stimulate development of new markets and the supply of goods and services based on the most competitive business models or on modified value - chains . they shall include initiatives to enhance productivity , resource efficiency , sustainability and corporate social responsibility . ### the commission shall support cross - sectoral initiatives accelerating the emergence of competitive industries . such initiatives shall stimulate development of new markets and the supply of goods and services based on the most competitive business models , improved products and processes , changed organisational structures or modified value - chains . they shall include initiatives to enhance productivity , sustainability , in particular resource and energy efficiency , and corporate social responsibility . the commission may also support sector - specific activities for those purposes , in areas characterised by a high proportion of smes and with a high contribution to the union ' s gdp , such as the tourism sector , where an added value at union level can be demonstrated .


### to improve framework conditions for the competitiveness and sustainability of union enterprises including in the tourism sector ; ### to improve framework conditions for the competitiveness , growth , internationalisation and sustainability of union enterprises , particularly smes , including in the services and tourism sectors , procurement and new entrepreneurship ;


### the commission shall support actions to improve and strengthen the competitiveness and sustainability of union enterprises , particularly smes , so as to enhance the effectiveness , coherence and consistency of national policies promoting competitiveness , sustainability and the growth of enterprises in europe . ### the commission shall support actions to improve and strengthen the competitiveness and sustainability of smes so as to enhance the effectiveness , coherence and consistency of national policies promoting competitiveness , sustainability and the growth of enterprises in europe .


### the commission shall support actions which aim to improve access to finance for smes in their start - up and growth phases , being complementary to the member states ' use of financial instruments for smes at national and regional level . in order to ensure complementarity , these actions will be closely coordinated with those undertaken in the framework of cohesion policy and at national level . such actions shall aim to stimulate the supply of both equity and debt finance . ### the commission shall support actions which aim to improve access to finance for smes in their start - up , growth and transfer phases , being complementary to the member states ' use of financial instruments for smes at national and regional level . in order to ensure complementarity , these actions will be closely coordinated with those undertaken in the framework of cohesion policy , horizon 2020 and at national or regional level . such actions shall aim to stimulate the supply of both equity and debt finance .


### global competition , demographic changes , resource constraints and emerging social trends generate challenges and opportunities for some sectors . for example , design - based sectors facing global challenges and characterised by a high proportion of smes need to adapt to reap the benefits and harness the untapped potential of high demand for personalised , inclusive products . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary . ### global competition , demographic changes , the limited nature of natural resources , and emerging social trends generate challenges and opportunities for many sectors facing global challenges and characterised by a high proportion of smes . for example , design - based sectors need to adapt in order to benefit from the untapped potential of high demand for personalised , inclusive products . design - based consumer goods represent an important economic sector in the union and its enterprises contribute substantially to growth and jobs . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary in order to create additional growth .


### competitiveness has been put under the spotlight of union policy - making in recent years because of the market , policy and institutional failures that are undermining the competitiveness of union enterprises , particularly smes . ### competitiveness has been put under the spotlight of union policy - making in recent years because of the market , policy and institutional failures that are undermining the competitiveness of union enterprises , particularly smes , which , to be set up , still have to face excessive administrative burdens .


### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected either by coloured graphics or by a watermark in the form of the manufacturer ' s identification mark . ### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected by adequate means including coloured graphics or a watermark in the form of the manufacturer ' s identification mark .


### the information referred to in paragraph 1 shall include as a minimum all of the following : ### the information referred to in paragraph 1 shall include all of the following :


### the software calibration identification number applicable to a vehicle type ; ### the software part number applicable to a vehicle type ;


### approval authorities shall continue to grant extension of approvals to those vehicles , systems , components or separate technical units under the terms of directive 2003 / 37 / ec and any of the directives listed in article 56 . ### approval authorities shall continue to grant extension of approvals to the vehicles , systems , components or separate technical units referred to in paragraph 1 in accordance with directive 2003 / 37 / ec and any of the directives listed in article 62 .


### the complete test reports issued on the basis of the standardised oecd codes listed in annex i , approved according to the general rules of oecd , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . ### the test reports issued on the basis of the standardised oecd codes listed in annex i , or equivalent standards , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . the specific type approval may be issued by the type approval authority or , when relevant , by oecd , at the choice of the manufacturer .


### it shall apply from 1 january 2014 . ### member states shall , at the request of the manufacturer , apply this regulation to new types of vehicles as from the date of entry into force of the last delegated act applicable to the vehicle category , but not earlier than 1 january 2014 ;


### it shall apply from 1 january 2014 . ### it shall apply to new types of vehicles from 1 january 2014 , but not before two years after the date of entry into force of the last delegated act applicable to the vehicle category , b ) to all new vehicles from 1 january 2018 , but not earlier that four years after the date of entry into force of the last delegated act applicable to the vehicle category .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained . ### in order to ensure that a high level of functional safety is obtained , the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 . the detailed technical requirements shall ensure that , when relevant , vehicles with a maximum speed of more than 40 km / h , with the exclusion of towed implements s , meet an equivalent level of road safety with regards to brake performance and anti - lock braking systems as motor vehicles and their trailers .


### manufacturers shall make training material available to independent operators and authorised dealers and repairers . ### to the exclusion of software for changing parameters and data sets , manufacturers shall make training material and related appropriate tools available to independent operators and authorised dealers and repairers . they shall also provide them with adequate training with regard to the download of software and the diagnostic trouble codes management


### paragraph 1 shall apply , in the case of complete vehicles , for a period of twelve months from the date on which validity of the eu type - approval expired and , in the case of completed vehicles , for a period of eighteen months from that date . ### paragraph 1 shall apply , in the case of complete vehicles , for a period of 24 months from the date on which validity of the eu type - approval expired and , in the case of completed vehicles , for a period of 30 months from that date .


### manufacturers shall provide unrestricted and standardised access to vehicle repair and maintenance information to independent operators through websites in a readily accessible and prompt manner . in particular , this access should be granted in a manner which is non - discriminatory compared to the provision given or access granted to authorised dealers and repairers . ### manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner . in particular , this access shall be granted in a manner which is non - discriminatory compared to the access granted to authorised dealers and repairers .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained . ### in order to ensure that a high level of functional safety is obtained , the commission shall be empowered to adopt delegated acts in accordance with article 57 concerning the detailed technical requirements for the subjects listed in paragraph 2 of this article , including test procedures and limit values , where applicable . those detailed technical requirements shall be such as to increase , or at least maintain , the level of functional safety afforded by the directives referred to in articles 62 and article 63 . the detailed technical requirements shall , in particular , ensure the following : - vehicles with a maximum speed of more than 40 km / h meet an equivalent level of road safety with regards to brake performance and anti - lock braking systems as motor vehicles and their trailers ; - the maximum contact pressure exerted on hard road surface from tyres or tracks does not exceed 0 . 9 mpa .


### the complete test reports issued on the basis of the standardised oecd codes listed in annex i , approved according to the general rules of oecd , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . ### the test reports issued on the basis of the standardised oecd codes listed in annex i , or its equivalent standard , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . the specific type approval may be issued by the type approval authority or , when relevant , by oecd , at the choice of the manufacturer .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided . ### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which tractor repair and maintenance information shall be provided .


### for the purposes of the design and manufacture of automotive equipment for alternative fuel tractors , manufacturers shall provide the relevant obd and vehicle repair and maintenance information on a non - discriminatory basis to any interested manufacturer , installer or repairer of equipment for alternative fuel vehicles . ### for the purposes of the design and manufacture of automotive equipment for alternative fuel tractors , manufacturers shall provide the relevant obd and tractor repair and maintenance information on a non - discriminatory basis to any interested manufacturer , installer or repairer of equipment for alternative fuel tractors .


### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected either by coloured graphics or by a watermark in the form of the manufacturer’s identification mark . ### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected by adequate means such as coloured graphics or a watermark in the form of the manufacturer’s identification mark .


### unrestricted access to vehicle repair information , via a standardised format which can be used to retrieve the technical information , and effective competition on the market for vehicle repair and maintenance information services are necessary to improve the functioning of the internal market , particularly as regards the free movement of goods , freedom of establishment and freedom to provide services . a great proportion of such information is related to on - board diagnostic systems and their interaction with other vehicle systems . it is appropriate to lay down technical specifications that the websites of the manufacturers should follow , along with targeted measures to ensure reasonable access for small and medium - sized enterprises . ### appropriate access to vehicle repair information , via a standardised format which can be used to retrieve the technical information , and effective competition on the market for tractor repair and maintenance information services are necessary to improve the functioning of the internal market , particularly as regards the free movement of goods , freedom of establishment and freedom to provide services . a great proportion of such information is related to on - board diagnostic systems and their interaction with other vehicle systems . it is appropriate to lay down technical specifications that the websites of the manufacturers should follow , with due regard to the principle of proportionality , taking into account sales volumes , and the capabilities of small and medium - sized manufacturers .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided . ### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which tractor repair and maintenance information shall be provided . the commission shall ensure that information provided and related procedures follow the principle of reasonableness and proportionality , both for sales volume of vehicle types and / or manufacturers dimension . specific attention should be paid to the needs of smes .


### member states , their delegated entities or the specific body referred to in article 3 may add to their notifications relevant comments , such as comments on delays or obstacles to the implementation of investment projects . ### where member states , their delegated entities or the specific body referred to in point of article 3 possess any information concerning delays and / or obstacles to the implementation of investment projects , those member states shall include that information in the notification provided under article 3 .


### identifying potential future gaps between energy demand and supply that are of significance from an energy policy perspective of the union ; ### identifying potential future gaps between energy demand and supply that are of significance from an energy policy perspective of the union , with a special emphasis on potential forthcoming deficiencies and flaws in the production and transmission infrastructure ;


### food labels should be clear and understandable to assist consumers wanting to make better - informed food and dietary choices . studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of consumer dissatisfaction with food labels . ### food labels should be clear and understandable to assist consumers wanting to make selective food and dietary choices . studies show that easy legibility is an important element in maximising the possibility that labelled information can influence its audience and that illegible product information is one of the main causes of consumer dissatisfaction with food labels .


### food business operators within the business under their control shall ensure that information relating to non - prepacked food shall be transmitted to the operator receiving the food in order to enable , where appropriate , the provision of the mandatory food information specified in article 9 points to and to the final consumer . ### food business operators within the business under their control shall ensure that information relating to non - prepacked food shall be transmitted to the operator receiving the food for further sale or further processing in order to enable , where appropriate , the provision of the mandatory food information specified in article 9 points to , and to the final consumer .


### recent developments in the expression of the nutrition declaration , other than per 100g / 100ml / portion , by some member states and organisations in the food sector suggest that consumers like such schemes as they can help them make informed choices quickly . however , there is not evidence across all the community on how the average consumer understands and uses the alternative expression of the information . therefore , it is appropriate to allow for different schemes to be developed and to allow research on consumer understanding in different member states to continue so that , if appropriate , harmonised schemes may be introduced . ### recent developments in the expression of the nutrition declaration , other than per 100g / 100ml / portion , by some member states and organisations in the food sector suggest that consumers like such schemes as they can help them make speedy choices quickly . however , there is no scientific evidence across all the community on how the average consumer understands and uses the alternative expression of the information . to facilitate comparisons of products in differing package sizes , it is therefore appropriate to retain the mandatory stipulation that the nutrition declaration should refer to 100 g / 100 ml amounts and , if appropriate , to allow additional portion - based declarations . if the food is prepacked as an individual portion , a nutrition declaration per portion should , in addition , be compulsory . in order to rule out misleading indications relating to portion size , portion sizes should be standardised throughout the eu by means of a consultation process .


### when used in the production of foods and still present , certain ingredients or other substances are the cause of allergies or intolerances in consumers , and some of those allergies or intolerances constitute a danger to the health of those concerned . it is important that information on the presence of food additives , processing aids and other substances with allergenic effect should be given to enable consumers suffering from a food allergy or intolerance to make informed and safe choices . ### when used in the production of foods and still present , certain ingredients or other substances can cause allergies or intolerances , and in individual cases can even constitute a danger to the health of those concerned . it is important , therefore , that information on the presence of food additives , processing aids and other substances with scientifically proven allergenic effect should be given to consumers so that in particular those suffering from a food allergy or intolerance can in a targeted manner choose foods which are safe for them .


### the particulars referred to article&#160 ; 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars indicated pursuant to article 31 and related to mandatory nutrition labelling shall be included in the same field of vision in a single table . the mandatory indications shall be presented in the following order : energy , protein , fat , with specific reference to saturates , carbohydrates with specific reference to sugars , and sodium . additional voluntary indications shall be provided in the order laid down in annex xiii .


### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , when appearing on the package or on the label attached thereto , the mandatory particulars listed in article&#160 ; 9 shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure a significant contrast between the print and background . ### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , the mandatory particulars listed in article 9 shall be printed on the package or on the label in a clearly legible manner . in a consultation procedure with representatives of the relevant interest groups , the european commission shall draw up binding rules governing the legibility of food information for consumers . those measures , designed to amend non - essential elements of this regulation by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 .


### the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product . in other cases , the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators . in all cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria should not apply to indications related to the name or address of the food business operator . ### without prejudice to the existing compulsory sectoral rules on origin labelling , the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product , including as regards the primary ingredient of processed products . in other cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria shall not apply to indications related to the name or address of the food business operator .


### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ‘ front of pack’ is useful when making purchasing decisions . therefore , to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label . ### to appeal to the average consumer and to serve the informative purpose for which it is introduced , the information should be easily understandable for the average consumer . it would be appropriate to provide the information in one field of view , to ensure that consumers can readily see the essential nutrition information when purchasing foods .


### food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure , within the limits of their respective activities , the presence of the applicable food information requirements , in particular by not supplying foods which they know or presume to be non compliant , on the basis of the information in their possession as professionals . ### if food business operators responsible for retail or distribution activities which do not affect food information learn that a food does not comply with the provisions of this regulation , they shall withdraw this food immediately from distribution .


### without prejudice to article 9 , mandatory food information shall appear in a language easily understood by the consumers of the member states where a food is marketed . ### without prejudice to article 9 , mandatory food information shall appear in a form of words understandable for an average consumer in the member state where a food is marketed .


### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 10 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million where they shall apply [ the first day of the month 5 years after the entry into force ] . ### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with less than 50 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million , where they shall apply [ the first day of the month 5 years after the entry into force ] . member states may adopt their own provisions for these small and medium - sized food business operators .


### the appropriate date shall be expressed in accordance with annex ix . ### the appropriate date must be easy to find and must not be hidden . it shall be expressed as follows : date of minimum durability : the date shall be preceded by the words : - best before …’ when the date includes an indication of the day , - ‘ best before end …’ in other cases . the words referred to in point shall be accompanied by : - either the date itself , or - a reference to where the date is given on the labelling . if need be , these particulars shall be followed by a description of the storage conditions which must be observed if the product is to keep for the specified period . the date shall consist of the day , month and year , uncoded , in this order . however , in the case of foods : - which will keep for less than three months : the day and month shall be stated ; - which will keep for more than three but no more than 18 months : the month and year shall be stated ; - which will keep for more than 18 months , an indication of the year will suffice . the date of minimum durability shall be indicated on each individual prepackaged portion . subject to community provisions imposing other types of date indication , 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 ; this derogation shall not apply to sprouting seeds and similar products such as legume sprouts , - wines , liqueur wines , sparkling wines , aromatised wines and similar products obtained from fruits other than grapes , and beverages and manufactured from grapes or grape musts falling within cn codes 22060091 , 22060093 and 22060099 , - beverages containing 10% or more by volume of alcohol , - soft drinks , fruit juices , fruit nectars and alcoholic beverages containing more than 1 , 2 % by volume of alcohol in individual containers of more than five litres , intended for supply to mass caterers , - 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 almost solely of flavoured and / or coloured sugars , - chewing gums and similar chewing products . b . ' use - by ' date : it shall be preceded by the words ' use by &#8230 ; ' ; b ) the words in point shall be accompanied by : - either the date itself , or - a reference to where the date is given on the labelling . those particulars shall be followed by a description of the storage conditions which must be observed . c ) the date shall consist of the day , the month and , possibly , the year , in that order and in uncoded form . d ) detailed rules for the indication of the date of minimum durability under section a of this paragraph can be adopted pursuant to the regulatory procedure under article 49 . c . date of manufacture : the date shall be preceded by the words ' manufactured on ' . b ) the words referred to in point shall be accompanied by : - either the date itself , or - a reference to where the date is given on the labelling . c ) the date shall consist of the day , the month and , possibly , the year , in that order and in uncoded form .


### in order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to food information it is appropriate to clarify the responsibilities of food business operators in this area . ### in order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to incorrect , misleading or missing food information it is essential that the responsibilities of food business operators in this area should be clearly laid down .


### the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product . in other cases , the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators . in all cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria should not apply to indications related to the name or address of the food business operator . ### irrespective of the existing compulsory sectoral rules on origin labelling , it should always be mandatory for the indication of the country of origin or of the place of provenance of a food to be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product . in other cases , the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators . as a matter of principle , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria shall not apply to indications related to the name or address of the food business operator .


### without prejudice to article 9 , mandatory food information shall appear in a language easily understood by the consumers of the member states where a food is marketed . ### without prejudice to article 9 , mandatory food information shall appear in the official languages of the member states where a food is marketed and shall be couched in a form of words understandable to the average consumer .


### the amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or , subject to article 32 and , per portion . ### the amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100g or per 100ml . in addition , the amount of energy and nutrients may be expressed per portion . if the food is prepacked as an individual portion , the energy and nutrition values referred to in paragraph 1 must also be indicated . if information is provided per portion , the number of portions which the package contains must be indicated , the portion size must be realistic and it must be presented or explained in a manner which is comprehensible to the average consumer . in cooperation with food enterprises and the competent authorities of the member states , the commission shall develop guidelines for the indication of realistic portion sizes . such measures , designed to amend non - essential elements of this regulation , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 .


### member states should retain the right , depending on local practical conditions and circumstances , to lay down rules in respect of the provision of information concerning non - prepacked foods . although in such cases the consumer demand for other information is limited , information on potential allergens is considered very important . evidence suggests that most food allergy incidents can be traced back to non - prepacked food . therefore such information should always be provided to the consumer . ### information concerning potential allergens is also very important for allergic persons in connection with food which is not prepacked and mass catering services . therefore such information should always be available to the consumer .


### this paragraph shall not apply to wine as defined in council regulation no 1493 / 1999 , beer , and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration for these products . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### this paragraph shall not apply to beverages containing alcohol . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for providing consumers with nutritional information on these products . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 .


### mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible , clearly legible and , where appropriate , indelible . it shall not in any way be hidden , obscured , detracted from or interrupted by any other written or pictorial matter or any other intervening material . ### mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible , clearly legible and , where appropriate , indelible . it shall not in any way be hidden , obscured , or interrupted by any other written or pictorial matter , any other intervening material or the food packaging itself , for example an adhesive hinge .


### it is also important to provide consumers with information on the other alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 892 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . 2 oj l [ … ] , [ … ] , p . [ … ] . ### it is also important to provide consumers with information on alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer , liqueur wines , sparkling wines , aromatised wines and similar products obtained from fruits other than grapes , fruit beer and spirits as defined in article 2 of regulation no 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks2 , and alcoholic mixed beverages , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions should apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . 2 oj l 39 , 13 . 2 . 2008 , p . 16 .


### the amounts of fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the amounts of fat , saturates , sugars , and salt .


### it is also important to provide consumers with information on the other alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 892 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . 1 oj l [ … ] , [ … ] , p . [ … ] . 2 oj l 179 , 14 . 7 . 1999 , p . 1 . ### it is also important to provide consumers with information on alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer , liqueur wines , sparkling wines , aromatised wines and similar products obtained from fruits other than grapes , fruit beer and spirits as defined in article 2 of regulation no 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks2 and alcoholic mixed beverages , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions should apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . 1 oj l 179 , 14 . 7 . 1999 , p . 1 . 2 oj l 39 , 13 . 2 . 2008 p . 16 .


### food labels should be clear and understandable to assist consumers wanting to make better - informed food and dietary choices . studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of consumer dissatisfaction with food labels . ### food labels should be clear and understandable to assist consumers wanting to make selective food and dietary choices . studies show that easy legibility is an important element in maximising the possibility that labelled information can influence its audience and that illegible product information is one of the main causes of consumer dissatisfaction with food labels .


### the declared values shall , according to the individual case , be average values based on : the manufacturer ' s analysis of the food ; or b ) a calculation from the known or actual average values of the ingredients used ; or c ) a calculation from generally established and accepted data . the rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks may be decided upon in accordance with the procedure laid down in article 49 . ### the declared values shall , according to the individual case , be average values at the end of the minimum durability period taking account of appropriate tolerances and shall be based on : the manufacturer ' s analysis of the food ; or b ) a calculation from the known or actual average values of the ingredients used ; or c ) a calculation from generally established and accepted data . the rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks shall be decided upon in accordance with the procedure laid down in article 49 .


### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ‘ front of pack’ is useful when making purchasing decisions . therefore , to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label . ### to appeal to the average consumer and to serve the informative purpose for which it is introduced , the information should be easily understandable for the average consumer . it would be appropriate to provide the information in one field of view , to ensure that consumers can readily see the essential nutrition information when purchasing foods .


### member states should retain the right , depending on local practical conditions and circumstances , to lay down rules in respect of the provision of information concerning non - prepacked foods . although in such cases the consumer demand for other information is limited , information on potential allergens is considered very important . evidence suggests that most food allergy incidents can be traced back to non - prepacked food . therefore such information should always be provided to the consumer . ### member states should retain the right , depending on local practical conditions and circumstances , to lay down rules in respect of the provision of information concerning non - prepacked foods and foods supplied to mass catering services . although in such cases the consumer demand for other information is limited , information on potential allergens is very important . therefore it should always be possible for such information to be provided to the consumer .


### to avoid unnecessary burdens on the industry , it is appropriate to exempt certain categories of foods that are unprocessed or for which nutrition information is not a determining factor for consumer choice from the mandatory inclusion of nutrition declaration , unless the obligation to provide such information is provided under other community legislation . ### to avoid unnecessary burdens on food manufacturers and traders , it is appropriate to exempt certain categories of foods that are unprocessed or for which nutrition information is not a determining factor for consumers ' purchasing decisions , or whose outer packaging is too small to permit the mandatory labelling to be performed , from the mandatory inclusion of a nutrition declaration , unless the obligation to provide such information is provided under other community legislation .


### in the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in article 9 , , and shall be mandatory on the package or on the label . the particulars referred to in article 9 shall be provided through other means or shall be available at the request of the consumer . ### in the case of packaging or containers the largest printable surface of which has an area of less than 80 cm2 only the particulars listed in article 9 , , and and article 29 shall be mandatory on the package or on the label . the particulars referred to in article 9 shall be provided through other means or shall be available at the request of the consumer .


### food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure , within the limits of their respective activities , the presence of the applicable food information requirements , in particular by not supplying foods which they know or presume to be non compliant , on the basis of the information in their possession as professionals . ### if food business operators responsible for retail or distribution activities which do not affect food information learn that a food does not comply with the provisions of this regulation , they shall withdraw this food immediately from distribution .


### in general , consumers are not aware of the potential contribution of alcoholic beverages to their overall diet . therefore , it is appropriate to ensure that information on the nutrient content of in particular mixed alcoholic beverages is provided . ### in general , consumers are not aware of the potential contribution of alcoholic beverages to their overall diet . it would therefore be helpful if manufacturers were to provide information on the energy content of alcoholic beverages .


### new mandatory food information requirements should however only be established if and where necessary , in accordance with the principles of subsidiarity , proportionality and sustainability . ### new mandatory food information requirements or new forms of presentation of food information should however only be established if and where necessary , in accordance with the principles of subsidiarity , proportionality , transparency and sustainability .


### this regulation applies to all stages of the food chain , where the activities of food businesses concern the provision of food information to consumers . it shall apply to all foods intended for the final consumer , including foods delivered by mass caterers and foods intended for supply to mass caterers . ### this regulation applies to all stages of the food chain , where the provision of food information to the final consumer is concerned . it shall apply to all prepacked foods intended for delivery to the final consumer and foods intended for supply to mass caterers . it shall not apply to foods which are packaged directly at the place of sale before delivery to the final consumer . catering services provided by transport undertakings shall fall under this regulation only if they are provided on routes between two points within community territory .


### the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food , in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance ; in such cases the indication shall be in accordance with the rules laid down in article 35 and and those established in accordance with article 35 ; ### the country of origin of unprocessed agricultural products and , for processed food products , the place of provenance of the main agricultural raw material used in the processing . the indication shall be in accordance with the rules laid down in article 35 and and those established in accordance with article 35 ;


### in the case of non - prepacked food , the provisions of article 41 shall apply . ### in the case of non - prepacked food , the following provisions shall apply : where foods are offered for sale to the final consumer or to mass caterers without prepackaging , or where foods are packed on the sales premises at the consumer ' s request or prepacked for direct sale , the member states may adopt detailed rules on whether and how the particulars specified in articles 9 and 10 are to be shown . b ) member states may decide not to require the provision of some of the particulars referred to in paragraph 1 , other than those referred to in article 9 , provided that the consumer or mass caterer receives sufficient information . c ) member states shall communicate to the commission the text of the measures referred to in paragraphs 1 and 2 without delay .


### when used in the production of foods and still present , certain ingredients or other substances are the cause of allergies or intolerances in consumers , and some of those allergies or intolerances constitute a danger to the health of those concerned . it is important that information on the presence of food additives , processing aids and other substances with allergenic effect should be given to enable consumers suffering from a food allergy or intolerance to make informed and safe choices . ### when used in the production of foods and still present , certain ingredients or other substances can cause allergies or intolerances , and in individual cases can even constitute a danger to the health of those concerned . it is important , therefore , that information on the presence of food additives , processing aids and other substances with scientifically proven allergenic effect should be given to consumers so that in particular those suffering from a food allergy or intolerance can in a targeted manner choose foods which are safe for them .


### member states should retain the right , depending on local practical conditions and circumstances , to lay down rules in respect of the provision of information concerning non - prepacked foods . although in such cases the consumer demand for other information is limited , information on potential allergens is considered very important . evidence suggests that most food allergy incidents can be traced back to non - prepacked food . therefore such information should always be provided to the consumer . ### information concerning potential allergens is also very important for allergic persons in connection with food which is not prepacked and mass catering services . therefore such information should always be available to the consumer .


### recent developments in the expression of the nutrition declaration , other than per 100g / 100ml / portion , by some member states and organisations in the food sector suggest that consumers like such schemes as they can help them make informed choices quickly . however , there is not evidence across all the community on how the average consumer understands and uses the alternative expression of the information . therefore , it is appropriate to allow for different schemes to be developed and to allow research on consumer understanding in different member states to continue so that , if appropriate , harmonised schemes may be introduced . ### recent developments in the expression of the nutrition declaration , other than per 100g / 100ml / portion , by some member states and organisations in the food sector suggest that consumers like such schemes as they can help them make speedy choices quickly . however , there is no scientific evidence across all the community on how the average consumer understands and uses the alternative expression of the information . to facilitate comparisons of products in differing package sizes , it is therefore appropriate to retain the mandatory stipulation that the nutrition declaration should refer to 100 g / 100 ml amounts and , if appropriate , to allow additional portion - based declarations . if the food is prepacked as an individual portion , a nutrition declaration per portion should , in addition , be compulsory . in order to rule out misleading indications relating to portion size , portion sizes should be standardised throughout the eu by means of a consultation process .


### in order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to food information it is appropriate to clarify the responsibilities of food business operators in this area . ### in order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to incorrect , misleading or missing food information it is essential that the responsibilities of food business operators in this area should be clearly laid down .


### the name or business name and address of the manufacturer or packager , or of a seller established within the community ; ### the name or business name or a registered trademark and the address of the manufacturer , of the packager and , for products coming from third countries , of a seller established within the community ;


### - food in packaging or containers the largest surface of which has an area of less than 25 cm2 ; ### - food in packaging or containers the largest surface of which has an area of less than 75 cm2 ;


### the particulars referred to article 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars referred to in article&#160 ; 31 related to the mandatory nutrition declaration shall be included in the same field of vision . they shall be presented in the following order : energy , protein , carbohydrates with specific reference to sugars , fat , saturates , fibre and sodium . where space permits , these particulars shall be presented in tabular form , with the numbers aligned . where space does not permit , they shall appear in linear form . in addition , the amount of energy referred to in article 29 and the percentage of the reference intake for energy referred to in article 31 shall appear in the principal field of vision in accordance with article 32 and 32 . it shall be expressed per portion .


### the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food , in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance ; in such cases the indication shall be in accordance with the rules laid down in article 35 and and those established in accordance with article 35 ; ### particulars of the country of origin where failure to give such particulars might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff ;


### voluntary food information ### origin food labelling


### the particulars referred to article&#160 ; 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars indicated pursuant to article 31 and related to mandatory nutrition labelling shall be included in the same field of vision in a single table . the mandatory indications shall be presented in the following order : energy , protein , fat , with specific reference to saturates , carbohydrates with specific reference to sugars , and sodium . additional voluntary indications shall be provided in the order laid down in annex xiii .


### without prejudice to labelling in accordance with specific community legislation , paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the european community or a given country or place . ### without prejudice to labelling in accordance with specific community legislation , such as council regulation no 509 / 2006 of 20 march 2006 on agricultural products and foodstuffs as traditional specialities guaranteed and council regulation no 510 / 2006 of 20 march 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs , paragraph 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the european community or a given country or place . in such cases , the food shall be labelled ‘ manufactured in the eu ’ . in addition , a region of origin may be indicated . such voluntary indications of the country or the region of origin shall not impede the internal market .


### it is also important to provide consumers with information on the other alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . ### it is also important to provide consumers with information on the alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer , liqueur wines , sparkling wines , aromatised wines and similar products obtained from fruits other than grapes , fruit beer and spirits as defined in article 2 of regulation no . 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks1 and alcoholic mixed beverages , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . - - - - 1 oj l 39 , 13 . 2 . 2008 , p . 11 .


### article 43 detailed rules detailed rules for the application of this chapter may be adopted by the commission . those measures designed to amend non - essential elements of this regulation by supplementing it shall be adopted in accordance with the procedure referred to in article 49 . ### deleted


### the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product . in other cases , the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators . in all cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria should not apply to indications related to the name or address of the food business operator . ### without prejudice to the existing compulsory sectoral rules on origin labelling , the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product , including as regards the primary ingredient of processed products . in other cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria shall not apply to indications related to the name or address of the food business operator .


### the name of the food ; ### the name under which the product is sold ;


### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ‘ front of pack’ is useful when making purchasing decisions . therefore , to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label . ### to appeal to the average consumer and to serve the informative purpose for which it is introduced , the information should be easily understandable for the average consumer . it would be appropriate to provide the information in one field of view , to ensure that consumers can readily see the essential nutrition information when purchasing foods .


### the amounts of fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the amounts of protein , carbohydrates with specific reference to sugars , fat , saturates , fibre and sodium .


### ‘ date of minimum durability of a food’ means the date until which the food retains its specific properties when properly stored ; ### ‘ date of minimum durability of a food’ means the date until which the food retains its specific properties when properly stored or stored in accordance with specific instructions given on the package ;


### the particulars referred to article 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars referred to in article 31 and related to the nutrition declaration shall be included in the same field of vision in a single table . the mandatory indications shall be presented in the following order : energy , protein , fibre , fat , with specific reference to saturates , carbohydrates with specific reference to sugars , salt . additional voluntary indications shall be provided in the order laid down in annex xiii .


### in general , consumers are not aware of the potential contribution of alcoholic beverages to their overall diet . therefore , it is appropriate to ensure that information on the nutrient content of in particular mixed alcoholic beverages is provided . ### in general , consumers are not aware of the potential contribution of alcoholic beverages to their overall diet . it would therefore be helpful if manufacturers were to provide information on the energy content of alcoholic beverages .


### in order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to food information it is appropriate to clarify the responsibilities of food business operators in this area . ### in order to prevent a fragmentation of the rules concerning the responsibility of food business operators with respect to incorrect , misleading or missing food information it is essential that the responsibilities of food business operators in this area should be clearly laid down .


### in order to take account of changes and developments in the field of food information , provisions should be made to empower the commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means . consultation with stakeholders should facilitate timely and well targeted changes of food information requirements . ### in order to take account of changes and developments in the field of food information , provisions should be made to empower the commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means . public consultation with all stakeholders should facilitate timely and well targeted changes of food information requirements .


### community rules should apply only to undertakings , the concept of which implies a certain continuity of activities and a certain degree of organisation . operations such as the occasional handling , serving and selling of food by private persons at events such as charities , or local community fairs and meetings are not covered by the scope of this regulation . ### community rules should apply only to undertakings , the concept of which implies a certain continuity of activities and a certain degree of organisation . operations such as the occasional delivery of food to third parties , serving and selling of food by private persons , for example at charity events or local community fairs and meetings , and the sale of food in the various forms of direct marketing by farmers , are not covered by the scope of this regulation . in order to avoid over - stretching , in particular , small and medium - sized enterprises in the traditional food production sector and the food retail trade , which also include providers of mass catering services , products which are not prepackaged should be excluded from the labelling requirements .


### without prejudice to labelling in accordance with specific community legislation , paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the european community or a given country or place . ### without prejudice to labelling in accordance with specific community legislation , in particular council regulations nos 509 / 2006 and 510 / 2006 of 20 march 2006 and the provisions of article 9 , paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the european community or a given country or place . in such cases , the food shall be labelled ' manufactured in the eu ' . in addition , the name of a region may be indicated .


### ‘ principal field of vision’ means the field of vision that is most likely to be displayed or visible under normal or customary conditions of sale or use . ### ‘ front of the package’ means the side or surface of the food packaging that is most likely to be displayed or visible under normal or customary conditions of sale or use .


### where food information covered by this regulation is provided on a voluntary basis , such information shall comply with the relevant specific requirements laid down in this regulation . ### where food information covered by this regulation is provided on a voluntary basis , such information shall be clearly legible .


### when used in the production of foods and still present , certain ingredients or other substances are the cause of allergies or intolerances in consumers , and some of those allergies or intolerances constitute a danger to the health of those concerned . it is important that information on the presence of food additives , processing aids and other substances with allergenic effect should be given to enable consumers suffering from a food allergy or intolerance to make informed and safe choices . ### when used in the production of foods and still present , certain ingredients or other substances can cause allergies or intolerances , and in individual cases can even constitute a danger to the health of those concerned . it is important , therefore , that information on the presence of food additives , processing aids and other substances with scientifically proven allergenic effect should be given to consumers so that in particular those suffering from a food allergy or intolerance can in a targeted manner choose foods which are safe for them .


### energy value ; or ### energy value ;


### in the case of non - prepacked food , the provisions of article 41 shall apply . ### in the case of non - prepacked food , the following provisions shall apply : where foods are offered for sale to the final consumer or to mass caterers without prepackaging , or where foods are packed on the sales premises at the consumer ' s request or prepacked for direct sale , the member states may adopt detailed rules on whether and how the particulars specified in articles 9 and 10 are to be shown . b ) member states may decide not to require the provision of some of the particulars referred to in paragraph 1 , other than those referred to in article 9 , provided that the consumer or mass caterer receives sufficient information . c ) member states shall communicate to the commission the text of the measures referred to in paragraphs 1 and 2 without delay .


### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 10 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million where they shall apply [ the first day of the month 5 years after the entry into force ] . ### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 100 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 5 million where they shall apply [ the first day of the month 5 years after the entry into force ] . foods placed on the market prior to the entry into force of this regulation may continue to be marketed until stocks are exhausted .


### food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure , within the limits of their respective activities , the presence of the applicable food information requirements , in particular by not supplying foods which they know or presume to be non compliant , on the basis of the information in their possession as professionals . ### if food business operators responsible for retail or distribution activities which do not affect food information learn that a food does not comply with the provisions of this regulation , they shall withdraw this food immediately from distribution .


### in cases where the amount of energy or nutrient in a product is negligible , the nutrition declaration on those elements may be replaced by a statement such as ‘ contains negligible amounts of …’ in close proximity to the nutrition declaration when present . ### in cases where the amount of energy or nutrient in a product is zero or negligible , the nutrition declaration on those elements may be replaced by a statement such as ‘ does not contain significant amounts of …’ in close proximity to the nutrition declaration when present .


### the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product . in other cases , the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators . in all cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria should not apply to indications related to the name or address of the food business operator . ### without prejudice to the existing compulsory sectoral rules on origin labelling , the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product , including as regards the primary ingredient of processed products . in other cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers ' understanding of the information related to the country of origin or place of provenance of a food . such criteria shall not apply to indications related to the name or address of the food business operator .


### when considering the need for mandatory food information , account shall be taken of a widespread need on the part of the majority of consumers for certain information to which they attach significant value or of any generally accepted benefits to the consumer to enable them to make informed choices . ### when considering the need for mandatory food information , account shall be taken of the potential costs and benefits to stakeholders of providing certain information to which they attach significant value or of any generally accepted benefits to enable consumers to make informed choices .


### article 32 expression on a per portion basis in addition to the nutrition declaration per 100g or per 100ml referred to in article 31 , the information may be expressed per portion as quantified on the label , provided that the number of portions contained in the package is stated . the nutrition declaration may be expressed on a per portion basis alone if the food is prepacked as an individual portion . the expression on a per portion basis alone for foods presented in packages containing multiple portions of the food , that have not been prepacked as individual portions , shall be established by the commission . those measures designed to amend non - essential elements of this regulation by supplementing it , shall be adopted , in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### deleted


### this regulation applies to all stages of the food chain , where the activities of food businesses concern the provision of food information to consumers . it shall apply to all foods intended for the final consumer , including foods delivered by mass caterers and foods intended for supply to mass caterers . ### this regulation applies to all stages of the food chain , where the provision of food information to the final consumer is concerned . it shall apply to all prepacked foods intended for delivery to the final consumer and foods intended for supply to mass caterers . it shall not apply to foods which are packaged directly at the place of sale before delivery to the final consumer . catering services provided by transport undertakings shall fall under this regulation only if they are provided on routes between two points within community territory .


### it is also important to provide consumers with information on the other alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 892 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . 1 oj l [ … ] , [ … ] , p . [ … ] . 2 oj l 179 , 14 . 7 . 1999 , p . 1 . ### it is also important to provide consumers with information on alcoholic beverages . specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer , liqueur wines , sparkling wines , aromatised wines and similar products obtained from fruits other than grapes , fruit beer and spirits as defined in article 2 of regulation no 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks2 and alcoholic mixed beverages , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions should apply . however , the commission will produce a report after five years of the entry into force of this regulation and may propose , if necessary , specific requirements in the context of this regulation . 1 oj l 179 , 14 . 7 . 1999 , p . 1 . 2 oj l 39 , 13 . 2 . 2008 p . 16 .


### in order to take account of changes and developments in the field of food information , provisions should be made to empower the commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means . consultation with stakeholders should facilitate timely and well targeted changes of food information requirements . ### deleted


### to avoid unnecessary burdens on the industry , it is appropriate to exempt certain categories of foods that are unprocessed or for which nutrition information is not a determining factor for consumer choice from the mandatory inclusion of nutrition declaration , unless the obligation to provide such information is provided under other community legislation . ### to avoid unnecessary burdens on food manufacturers and traders , it is appropriate to exempt certain categories of foods that are unprocessed or for which nutrition information is not a determining factor for consumers ' purchasing decisions , or whose outer packaging is too small to permit the mandatory labelling to be performed , from the mandatory inclusion of a nutrition declaration , unless the obligation to provide such information is provided under other community legislation .


### the name of the food shall be its legal name . in the absence of such name , the name of the food shall be its customary name , or , if there is no customary name or the customary name is not used , a descriptive name of the food shall be provided . ### 1 the name of the food shall be its name as provided for in the relevant legislation . in the absence of such a name , the name of the food shall be its customary name , or , if there is no customary name or the customary name is not used , a descriptive name of the food shall be provided .


### the declared values shall , according to the individual case , be average values based on : the manufacturer ' s analysis of the food ; or a calculation from the known or actual average values of the ingredients used ; or a calculation from generally established and accepted data . the rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks may be decided upon in accordance with the procedure laid down in article 49 . ### the declared values shall be average values at the end of the minimum durability period and shall , as appropriate , be based on : the manufacturer ' s analysis of the food ; or a calculation from the known or actual average values of the ingredients used ; or a calculation from generally established and accepted data . the rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks shall be adopted , after the european food safety authority has given its opinion , in accordance with the procedure laid down in article 49 .


### community rules should apply only to undertakings , the concept of which implies a certain continuity of activities and a certain degree of organisation . operations such as the occasional handling , serving and selling of food by private persons at events such as charities , or local community fairs and meetings are not covered by the scope of this regulation . ### community rules should apply only to undertakings , the concept of which implies a certain continuity of activities and a certain degree of organisation . operations such as the occasional delivery of food to third parties , serving and selling of food by private persons , for example at charity events or local community fairs and meetings , and the sale of food in the various forms of direct marketing by farmers , are not covered by the scope of this regulation . in order to avoid over - stretching , in particular , small and medium - sized enterprises in the traditional food production sector and the food retail trade , which also include providers of mass catering services , products which are not prepackaged should be excluded from the labelling requirements .


### mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible , clearly legible and , where appropriate , indelible . it shall not in any way be hidden , obscured , detracted from or interrupted by any other written or pictorial matter or any other intervening material . ### mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible , clearly legible and , where appropriate , indelible . it shall not in any way be hidden , obscured , or interrupted by any other written or pictorial matter , any other intervening material or the food packaging itself , for example an adhesive hinge .


### when used in the production of foods and still present , certain ingredients or other substances are the cause of allergies or intolerances in consumers , and some of those allergies or intolerances constitute a danger to the health of those concerned . it is important that information on the presence of food additives , processing aids and other substances with allergenic effect should be given to enable consumers suffering from a food allergy or intolerance to make informed and safe choices . ### when used in the production of foods and still present , certain ingredients or other substances can cause allergies or intolerances , and in individual cases can even constitute a danger to the health of those concerned . it is important , therefore , that information on the presence of food additives , processing aids and other substances with scientifically proven allergenic effect should be given to consumers so that in particular those suffering from a food allergy or intolerance can in a targeted manner choose foods which are safe for them .


### without prejudice to labelling in accordance with specific community legislation , paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the european community or a given country or place . ### without prejudice to labelling in accordance with specific community legislation , such as council regulation no 509 / 2006 of 20 march 2006 on agricultural products and foodstuffs as traditional specialities guaranteed and council regulation no 510 / 2006 of 20 march 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs , paragraph 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the european community or a given country or place . in such cases , the food shall be labelled ‘ manufactured in the eu ’ . in addition , a region of origin may be indicated .


### the instructions for use of a food shall be indicated in such a way as to enable appropriate use to be made thereof . ### the instructions for use of a food shall be indicated in such a way as to enable appropriate use to be made thereof . where appropriate , instructions shall be provided on refrigeration and storage conditions and on the time limit for consumption after opening the packaging .


### member states should retain the right , depending on local practical conditions and circumstances , to lay down rules in respect of the provision of information concerning non - prepacked foods . although in such cases the consumer demand for other information is limited , information on potential allergens is considered very important . evidence suggests that most food allergy incidents can be traced back to non - prepacked food . therefore such information should always be provided to the consumer . ### information concerning potential allergens is also very important for allergic persons in connection with food which is not prepacked and mass catering services . therefore such information should always be available to the consumer .


### if the serious threat to public policy or internal national security persists beyond the period provided for in paragraph 1 , the commission shall decide on the prolongation of the border control at internal borders . given the need to take immediate action after the expiry of the period provided for in paragraph 1 , which constitutes an imperative ground of urgency , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 33a . ### if the serious threat to public policy or internal national security persists beyond the period provided for in paragraph 1 , the member state may decide to prolong the border control at internal borders , taking into account the criteria listed in article 23a , including an updated assessment of the necessity and the proportionality of the measure and taking into account any new elements that might have arisen . the provisions of article 24 and shall apply accordingly and the consultations shall take place immediately after the notification .


### the commission shall decide on the prolongation of border control at internal borders . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33a . ### the commission shall decide on the prolongation of border control at internal borders upon the request of the member state concerned or on its own initiative after the consent of the relevant member states . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33a .


### on duly justified grounds of urgency , related to situations where the circumstances giving rise to the need to prolong border control at internal borders , in accordance with paragraph 3 , do not become known until less than 10 days before the planned prolongation , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 33a . ### on duly justified grounds of urgency , related to situations where the circumstances giving rise to the need to prolong border control at internal borders , in accordance with paragraph 3 , do not become known until less than 10 days before the end of the preceding reintroduction period , the commission shall adopt immediately any necessary recommendations .


### the temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies identified by schengen evaluations in accordance with article 15 of the regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the schengen acquis , where the circumstances would be such as to constitute a serious threat to public policy or to internal security at the union or national level . ### the temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies identified by schengen evaluations in accordance with article 15 of the regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the schengen acquis , where the circumstances would be such as to constitute a serious threat to public policy or to internal security in the area without internal border controls .


### following a request by a member state pursuant to paragraph 1 , or on its own initiative based on the information specified in sections to of that paragraph , the commission shall decide on the reintroduction of border control at internal borders . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33a . ### following a request by a member state pursuant to paragraph 1 , after consulting the other member states or on its own initiative based on the information specified in sections to of that paragraph , the commission shall decide on the planned reintroduction of border control at internal borders , at least seven days before such reintroduction . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33a .