**Avis juridique important**

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# 51997PC0020

**Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs  /* COM/97/0020 FINAL - COD 97/0027 */***Official Journal C 106 , 04/04/1997 P. 0005*

Proposal for a European Parliament and Council Directive amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (97/C 106/03) (Text with EEA relevance) COM(97) 20 final - 97/0027(COD)

(Submitted by the Commission on 10 February 1997)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

Whereas Article 6 (3) of Directive 79/112/EEC lays down that 'in the case of beverages containing more than 1,2 % by volume of alcohol, the Council, acting on a proposal from the Commission, shall, before the expiry of a period of four years following notification of this Directive, determine the rules for labelling ingredients`;

Whereas the Commission's earlier proposals in response to this mandate (1) failed to win the agreement of the Member States;

Whereas account should be taken of the case-law of the Court of Justice of the European Communities concerning the labelling of alcoholic beverages (2);

Whereas it is for the Community legislator to adopt the measures deriving from that case-law,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 

Article 6 (3) of Directive 79/112/EEC is hereby replaced by the following:

'3. The rules for labelling the ingredients of beverages containing more than 1,2 % alcohol by volume shall be adopted within a period of three years starting on 1 July 1998

(a) in the case of

- wines (*), including sparkling wines (**), liqueur wines and semi-sparkling wines (***) offered for sale to the consumer,

- partially fermented grape must (**),

- spirituous beverages (****),

- aromatized wines (*****),

within the framework of the specific Community provisions applicable to them;

b) in the case of other products, in accordance with the procedure laid down in Article 17.

The rules adopted in accordance with these procedures shall enter into force simultaneously for the beverages covered by points (a) and (b) of this paragraph.

For all these products the list of ingredients shall be preceded by the words "prepared with . . .".

(*) Council Regulation (EEC) No 2392/89, OJ No L 232, 9. 8. 1989, p. 13.

(**) Council Regulation (EEC) No 2333/92, OJ No L 231, 13. 8. 1992, p. 9.

(***) Council Regulation (EEC) No 3895/91, OJ No L 368, 31. 12. 1991, p. 1.

(****) Council Regulation (EEC) No 1576/89, OJ No L 160, 12. 6. 1989, p. 1.

(*****) Council Regulation (EEC) No 1601/91, OJ No L 149, 14. 6. 1991, p. 1.`

Article 2 

This Directive is addressed to the Member States.

(1) OJ No C 281, 26. 10. 1982, p. 3 and OJ No C 122, 14. 5. 1992, p. 12.

(2) Judgment of 12. 3. 1987 in Case 178/84 (Beer Purity Law), and in particular grounds 35 and 36.