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"B DIRECTIVE 2000/13/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 March 2000
on the approximation of the laws of the Member States relating to the labelling, presentation and
advertising of foodstuffs
(OJ L 109, 6.5.2000, p. 29)
Corrected by:
"C1 Corrigendum, OJ L 124, 25.5.2000, p. 66 (2000/13)2000L0013 — EN — 26.05.2000 — 000.001 — 1
DIRECTIVE 2000/13/EC OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL
of 20 March 2000
on the approximation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 95 thereof,
Having regard to the proposal of the Commission,
Having regard to the opinion of the Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the
Treaty (2),
Whereas:
(1) Council Directive 79/112/EEC of 18 December 1978 on the
approximation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs (3) has been
frequently and substantially amended (4). Therefore, for reasons of
clarity and rationality, the said Directive should be consolidated in a
single text.
(2) Differences between the laws, regulations and administrative provi-
sions of the Member States on the labelling of foodstuffs may impede
the free circulation of these products and can lead to unequalconditions of competition.
(3) Therefore, approximation of these laws would contribute to the smooth
functioning of the internal market.
(4) The purpose of this Directive should be to enact Community rules of a
general nature applicable horizontally to all foodstuffs put on themarket.
(5) Rules of a specific nature which apply vertically only to particular
foodstuffs should be laid down in provisions dealing with thoseproducts.
(6) The prime consideration for any rules on the labelling of foodstuffs
should be the need to inform and protect the consumer.
(7) That need means that Member States may, in compliance with the rules
of the Treaty, impose language requirements.
(8) Detailed labelling, in particular giving the exact nature and char-
acteristics of the product which enables the consumer to make hischoice in full knowledge of the facts, is the most appropriate since itcreates fewest obstacles to free trade.
(9) Therefore, a list should be drawn up of all information which should in
principle be included in the labelling of all foodstuffs.
(10) However, the horizontal nature of this Directive does not allow, at the
initial stage, the inclusion in the compulsory indications of all theindications which must be added to the list applying in principle to the
whole range of foodstuffs. During a later stage, Community provisions
should be adopted, aimed at supplementing the existing rules.
(11) Furthermore, in the absence of Community rules of a specific nature
Member States should retain the right to lay down certain national
provisions which may be added to the general provisions of thisDirective, nevertheless these provisions should be subject to a
Community procedure.!B
(1) OJ C 258, 10.9.1999, p. 12.
(2) Opinion of the European Parliament of 18 January 2000 (not yet published in the
Official Journal) and Council Decision of 13 March 2000.
(3) OJ L 33, 8.2.1979, p. 1. Directive as last amended by Directive 97/4/EC of the
European Parliament and of the Council (OJ L 43, 14.2.1997, p. 21).
(4) See Annex IV , Part B.2000L0013 — EN — 26.05.2000 — 000.001 — 2
(12) The said Community procedure must be that of a Community decision
when a Member State wishes to enact new legislation.
(13) Provision should also be made for the Community legislator to
derogate, in exceptional cases, from certain obligations that have been
fixed generally.
(14) The rules on labelling should also prohibit the use of information that
would mislead the purchaser or attribute medicinal properties to
foodstuffs. To be effective, this prohibition should also apply to the
presentation and advertising of foodstuffs.
(15) With a view to facilitating trade between Member States, it may be
provided that, at stages prior to sale to the ultimate consumer, only
information on the essential elements should appear on the outerpackaging and certain mandatory particulars that must appear on a
prepackaged foodstuff need appear only on commercial documents
referring thereto.
(16) Member States should retain the right, depending on local practical
conditions and circumstances, to lay down rules in respect of the
labelling of foodstuffs sold in bulk; in such cases, information should
nevertheless be provided for the consumer.
(17) With the aim of simplifying and accelerating the procedure, the
Commission should be entrusted with the task of adopting imple-
menting measures of a technical nature.
(18) The measures necessary for the implementing of this Directive should
be adopted in accordance with Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of implement-ing powers conferred on the Commission (
1).
(19) This Directive should be without prejudice to the obligations of the
Member States concerning the time limits for transposition of theDirectives set out in Annex IV , Part B,
HA VE ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive concerns the labelling of foodstuffs to be delivered as such
to the ultimate consumer and certain aspects relating to the presentation andadvertising thereof.
2. This Directive shall apply also to foodstuffs intended for supply to
restaurants, hospitals, canteens and other similar mass caterers (hereinafterreferred to as ‘mass caterers’).
3. For the purpose of this Directive,
(a) ‘labelling’ shall mean any words, particulars, trade marks, brand name,
pictorial matter or symbol relating to a foodstuff and placed on anypackaging, document, notice, label, ring or collar accompanying or
referring to such foodstuff;
(b) ‘pre-packaged foodstuff’ shall mean any single item for presentation as
such to the ultimate consumer and to mass caterers, consisting of a
foodstuff and the packaging into which it was put before being offered for
sale, whether such packaging encloses the foodstuff completely or onlypartially, but in any case in such a way that the contents cannot be alteredwithout opening or changing the packaging.
Article 2
1. The labelling and methods used must not:
(a) be such as could mislead the purchaser to a material degree, particularly:
(i) as to the characteristics of the foodstuff and, in particular, as to its
nature, identity, properties, composition, quantity, durability, origin
or provenance, method of manufacture or production;
(ii) by attributing to the foodstuff effects or properties which it does not
possess;!B
(1) OJ L 184, 17.7.1999, p. 23.2000L0013 — EN — 26.05.2000 — 000.001 — 3
(iii) by suggesting that the foodstuff possesses special characteristics
when in fact all similar foodstuffs possess such characteristics;
(b) subject to Community provisions applicable to natural mineral waters and
foodstuffs for particular nutritional uses, attribute to any foodstuff theproperty of preventing, treating or curing a human disease, or refer to
such properties.
2. The Council, in accordance with the procedure laid down in Article 95 of
the Treaty, shall draw up a non-exhaustive list of the claims within themeaning of paragraph 1, the use of which must at all events be prohibited or
restricted.
3. The prohibitions or restrictions referred to in paragraphs 1 and 2 shall
also apply to:
(a) the presentation of foodstuffs, in particular their shape, appearance or
packaging, the packaging materials used, the way in which they are
arranged and the setting in which they are displayed;
(b) advertising.
Article 3
1. In accordance with Articles 4 to 17 and subject to the exceptions
contained therein, indication of the following particulars alone shall be
compulsory on the labelling of foodstuffs:
(1) the name under which the product is sold;(2) the list of ingredients;(3) the quantity of certain ingredients or categories of ingredients as provided
for in Article 7;
(4) in the case of prepackaged foodstuffs, the net quantity;(5) the date of minimum durability or, in the case of foodstuffs which, from
the microbiological point of view, are highly perishable, the ‘use by’date;
(6) any special storage conditions or conditions of use;
(7) the name or business name and address of the manufacturer or packager,
or of a seller established within the Community.
However, the Member States shall be authorised, in respect of butter
produced in their territory, to require only an indication of themanufacturer, packager or seller.
Without prejudice to the notification provided for in Article 24, Member
States shall inform the Commission and the other Member States of any
measure taken pursuant to the second paragraph;
(8) particulars of the place of origin or provenance where failure to give such
particulars might mislead the consumer to a material degree as to the true
origin or provenance of the foodstuff;
(9) instructions for use when it would be impossible to make appropriate use
of the foodstuff in the absence of such instructions;
(10)with respect to beverages containing more than 1,2 % by volume of
alcohol, the actual alcoholic strength by volume.
2. Notwithstanding the previous paragraph, Member States may retain
national provisions which require indication of the factory or packaging
centre, in respect of home production.
3. The provisions of this Article shall be without prejudice to more precise
or more extensive provisions regarding weights and measures.
Article 4
1. Community provisions applicable to specified foodstuffs and not to
foodstuffs in general may provide for derogations, in exceptional cases, fromthe requirements laid down in Article 3(1), points 2 and 5, provided that thisdoes not result in the purchaser being inadequately informed.
2. Community provisions applicable to specified foodstuffs and not to
foodstuffs in general may provide that other particulars in addition to those
listed in Article 3 must appear on the labelling.!B2000L0013 — EN — 26.05.2000 — 000.001 — 4
Where there are no Community provisions, Member States may make
provision for such particulars in accordance with the procedure laid down inArticle 19.
3. The Community provisions referred to in paragraphs 1 and 2 shall be
adopted in accordance with the procedure laid down in Article 20(2).
Article 5
1. The name under which a foodstuff is sold shall be the name provided for
in the Community provisions applicable to it.
(a) In the absence of Community provisions, the name under which a product
is sold shall be the name provided for in the laws, regulations and
administrative provisions applicable in the Member State in which theproduct is sold to the final consumer or to mass caterers.
Failing this, the name under which a product is sold shall be the name
customary in the Member State in which it is sold to the final consumeror to mass caterers, or a description of the foodstuff, and if necessary of
its use, which is clear enough to let the purchaser know its true nature and
distinguish it from other products with which it might be confused.
(b) The use in the Member State of marketing of the sales name under which
the product is legally manufactured and marketed in the Member State ofproduction shall also be allowed.
However, where the application of the other provisions of this Directive,
in particular those set out in Article 3, would not enable consumers in the
Member State of marketing to know the true nature of the foodstuff andto distinguish it from foodstuffs with which they could confuse it, thesales name shall be accompanied by other descriptive information which
shall appear in proximity to the sales name.
(c) In exceptional cases, the sales name of the Member State of production
shall not be used in the Member State of marketing when the foodstuff
which it designates is so different, as regards its composition ormanufacture, from the foodstuff known under that name that the
provisions of point (b) are not sufficient to ensure, in the Member State
of marketing, correct information for consumers.
2. No trade mark, brand name or fancy name may be substituted for the
name under which the product is sold.
3. The name under which the product is sold shall include or be
accompanied by particulars as to the physical condition of the foodstuff orthe specific treatment which it has undergone (e.g. powdered, freeze-dried,
deep-frozen, concentrated, smoked) in all cases where omission of such
information could create confusion in the mind of the purchaser.
Any foodstuff which has been treated with ionising radiation must bear one of
the following indications:
— in Spanish:
‘irradiado’ or ‘tratado con radiación ionizante’,
— in Danish:
‘bestrålet/…’ or ‘strålekonserveret’ or ‘behandlet med ioniserende
stråling’ or ‘konserveret med ioniserende stråling’,
— in German:
‘bestrahlt’ or ‘mit ionisierenden Strahlen behandelt’,
— in Greek:
‘επε/ksiεργασµέν/omikron µε ι/omikronνί/dzeta/omikronυσα ακτιν/omikron/betatwo/omikronλία» or ‘ακτιν/omikron/betatwo/omikronληµέν/omikron»,
— in English:
‘irradiated’ or ‘treated with ionising radiation’,
— in France:
‘traité par rayonnements ionisants’ or ‘traité par ionisation’,
— in Italian:
‘irradiato’ or ‘trattato con radiazioni ionizzanti’,!B2000L0013 — EN — 26.05.2000 — 000.001 — 5
— in Dutch:
‘doorstraald’ or ‘door bestraling behandeld’ or ‘met ioniserende stralen
behandeld’,
— in Portuguese:
‘irradiado’ or ‘tratado por irradiação’ or ‘tratado por radiação ionizante’,
— in Finnish:
‘säteilytetty’ or ‘käsitelty ionisoivalla säteilyllä’,
— in Swedish:
‘bestrålad’ or ‘behandlad med joniserande strålning’.
Article 6
1. Ingredients shall be listed in accordance with this Article and Annexes I,
II and III.
2. Ingredients need not be listed in the case of:
(a) — fresh fruit and vegetables, including potatoes, which have not been
peeled, cut or similarly treated,
— carbonated water, the description of which indicates that it has been
carbonated,
— fermentation vinegars derived exclusively from a single basic
product, provided that no other ingredient has been added;
(b) — cheese,
— butter,
— fermented milk and cream,
provided that no ingredient has been added other than lactic products,
enzymes and micro-organism cultures essential to manufacture, or the
salt needed for the manufacture of cheese other than fresh cheese and
processed cheese;
(c) products comprising a single ingredient, where:
— the trade name is identical with the ingredient name, or
— the trade name enables the nature of the ingredient to be clearly
identified.
3. 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
22 December 1982, determine the rules for labelling ingredients.
4. (a) ‘Ingredient’ shall mean any substance, including additives, used in
the manufacture or preparation of a foodstuff and still present in the
finished product, even if in altered form.
(b) Where an ingredient of the foodstuff is itself the product of several
ingredients, the latter shall be regarded as ingredients of the foodstuff
in question.
(c) The following shall not be regarded as ingredients:
(i) the constituents of an ingredient which have been temporarily
separated during the manufacturing process and later reintro-duced but not in excess of their original proportions;
(ii) additives:
— whose presence in a given foodstuff is solely due to the fact
that they were contained in one or more ingredients of that
foodstuff, provided that they serve no technological function
in the finished product,
— which are used as processing aids;
(iii) substances used in the quantities strictly necessary as solvents or
media for additives or flavouring.!B2000L0013 — EN — 26.05.2000 — 000.001 — 6
(d) In certain cases Decisions may be taken in accordance with the
procedure laid down in Article 20(2) as to whether the conditionsdescribed in point (c)(ii) and (iii) are satisfied.
5. The list of ingredients shall include all the ingredients of the foodstuff, in
descending order of weight, as recorded at the time of their use in themanufacture of the foodstuff. It shall appear preceded by a suitable heading
which includes the word ‘ingredients’.
However:
— added water and volatile products shall be listed in order of their weight
in the finished product; the amount of water added as an ingredient in afoodstuff shall be calculated by deducting from the total amount of the
finished product the total amount of the other ingredients used. This
amount need not be taken into consideration if it does not exceed 5 % byweight of the finished product,
— ingredients used in concentrated or dehydrated form and reconstituted at
the time of manufacture may be listed in order of weight as recordedbefore their concentration or dehydration,
— in the case of concentrated or dehydrated foods which are intended to be
reconstituted by the addition of water, the ingredients may be listed in
order of proportion in the reconstituted product provided that the list of
ingredients is accompanied by an expression such as ‘ingredients of thereconstituted product’, or ‘ingredients of the ready-to-use product’,
— in the case of mixtures of fruit or vegetables where no particular fruit or
vegetable significantly predominates in proportion by weight, thoseingredients may be listed in another order provided that that list of
ingredients is accompanied by an expression such as ‘in variable
proportion’,
— in the case of mixtures of spices or herbs, where none significantly
predominates in proportion by weight, those ingredients may be listed in
another order provided that that list of ingredients is accompanied by anexpression such as ‘in variable proportion’.
6. Ingredients shall be designated by their specific name, where applicable,
in accordance with the rules laid down in Article 5.
However:
— ingredients which belong to one of the categories listed in Annex I and
are constituents of another foodstuff need only be designated by the name
of that category.
Alterations to the list of categories in Annex I may be effected in
accordance with the procedure laid down in Article 20(2).
However, the designation ‘starch’ listed in Annex I must always be
complemented by the indication of its specific vegetable origin, when
that ingredient may contain gluten,
— ingredients belonging to one of the categories listed in Annex II must be
designated by the name of that category, followed by their specific nameor EC number; if an ingredient belongs to more than one of thecategories, the category appropriate to the principal function in the case
of the foodstuff in question shall be indicated.
Amendments to this Annex based on advances in scientific and technical
knowledge shall be adopted in accordance with the procedure laid down
in Article 20(2).
However, the designation ‘modified starch’ listed in Annex II must
always be complemented by the indication of its specific vegetableorigin, when that ingredient may contain gluten,
— flavourings shall be designated in accordance with Annex III,
— the specific Community provisions governing the indication of treatment
of an ingredient with ionising radiation shall be adopted subsequently in
accordance with Article 95 of the Treaty.
7. Community provisions or, where there are none, national provisions may
lay down that the name under which a specific foodstuff is sold is to beaccompanied by mention of a particular ingredient or ingredients.!B2000L0013 — EN — 26.05.2000 — 000.001 — 7
The procedure laid down in Article 19 shall apply to any such national
provisions.
The Community provisions referred to in this paragraph shall be adopted in
accordance with the procedure laid down in Article 20(2).
8. In the case referred to in paragraph 4(b), a compound ingredient may be
included in the list of ingredients, under its own designation in so far as this is
laid down by law or established by custom, in terms of its overall weight,provided that it is immediately followed by a list of its ingredients.
Such a list, however, shall not be compulsory:(a) where the compound ingredient constitutes less than 25 % of the finished
product; however, this exemption shall not apply in the case of additives,
subject to the provisions of paragraph 4(c);
(b) where the compound ingredient is a foodstuff for which a list of
ingredients is not required under Community rules.
9. Notwithstanding paragraph 5 the water content need not be specified:(a) where the water is used during the manufacturing process solely for the
reconstitution of an ingredient used in concentrated or dehydrated form;
(b) in the case of a liquid medium which is not normally consumed.
Article 7
1. The quantity of an ingredient or category of ingredients used in the
manufacture or preparation of a foodstuff shall be stated in accordance withthis Article.
2. The indication referred to in paragraph 1 shall be compulsory:
(a) where the ingredient or category of ingredients concerned appears in the
name under which the foodstuff is sold or is usually associated with thatname by the consumer; or
(b) where the ingredient or category of ingredients concerned is emphasised
on the labelling in words, pictures or graphics; or
(c) where the ingredient or category of ingredients concerned is essential to
characterise a foodstuff and to distinguish it from products with which itmight be confused because of its name or appearance; or
(d) in the cases determined in accordance with the procedure laid down in
Article 20(2).
3. Paragraph 2 shall not apply:
(a) to an ingredient or category of ingredients:
— the drained net weight of which is indicated in accordance with
Article 8(4), or
— the quantities of which are already required to be given on the
labelling under Community provisions, or
— which is used in small quantities for the purposes of flavouring, or— which, while appearing in the name under which the food is sold, is
not such as to govern the choice of the consumer in the country of
marketing because the variation in quantity is not essential tocharacterise the foodstuff or does not distinguish it from similar
foods. In cases of doubt it shall be decided by the procedure laid
down in Article 20(2) whether the conditions laid down in this indentare fulfilled;
(b) where specific Community provisions stipulate precisely the quantity of
an ingredient or of a category of ingredients without providing for the
indication thereof on the labelling;
(c) in the cases referred to in the fourth and fifth indents of Article 6(5);(d) in the cases determined in accordance with the procedure laid down in
Article 20(2).!B2000L0013 — EN — 26.05.2000 — 000.001 — 8
4. The quantity indicated, expressed as a percentage, shall correspond to the
quantity of the ingredient or ingredients at the time of its/their use. However,Community provisions may allow for derogations from this principle forcertain foodstuffs. Such provisions shall be adopted in accordance with the
procedure laid down in Article 20(2).
5. The indication referred to in paragraph 1 shall appear either in or
immediately next to the name under which the foodstuff is sold or in the list ofingredients in connection with the ingredient or category of ingredients in
question.
6. This Article shall apply without prejudice to Community rules on
nutrition labelling for foodstuffs.
Article 8
1. The net quantity of prepackaged foodstuffs shall be expressed:
— in units of volume in the case of liquids,— in units of mass in the case of other products,
using the litre, centilitre, millilitre, kilogram or gram, as appropriate.
Community provisions or, where there are none, national provisions
applicable to certain specified foodstuffs may derogate from this rule.
The procedure laid down in Article 19 shall apply to any such national
provisions.
2. (a) Where the indication of a certain type of quantity (e.g. nominal
quantity, minimum quantity, average quantity) is required by
Community provisions or, where there are none, by national
provisions, this quantity shall be regarded as the net quantity forthe purposes of this Directive.
Without prejudice to the notification provided for in Article 24,
Member States shall inform the Commission and the other Member
States of any measure taken pursuant to this point.
(b) Community provisions or, where there are none, national provisions
may, for certain specified foodstuffs classified by quantity in
categories, require other indications of quantity.
The procedure laid down in Article 19 shall apply to any such
national provisions.
(c) Where a prepackaged item consists of two or more individual
prepackaged items containing the same quantity of the same product,
the net quantity shall be indicated by mentioning the net quantitycontained in each individual package and the total number of suchpackages. Indication of these particulars shall not, however, be
compulsory where the total number of individual packages can be
clearly seen and easily counted from the outside and where at leastone indication of the net quantity contained in each individual
package can be clearly seen from the outside.
(d) Where a prepackaged item consists of two or more individual
packages which are not regarded as units of sale, the net quantityshall be given by indicating the total net quantity and the total
number of individual packages. Community provisions or, where
there are none, national provisions need not, in the case of certainfoodstuffs, require indication of the total number of individualpackages.
Without prejudice to the notification provided for in Article 24,
Member States shall inform the Commission and the other MemberStates of any measure taken pursuant to this point.
3. In the case of foodstuffs normally sold by number, Member States need
not require indication of the net quantity provided that the number of items
can clearly be seen and easily counted from the outside or, if not, is indicatedon the labelling.
Without prejudice to the notification provided for in Article 24, Member
States shall inform the Commission and the other Member States of any
measure taken pursuant to this paragraph.!B2000L0013 — EN — 26.05.2000 — 000.001 — 9
4. Where a solid foodstuff is presented in a liquid medium, the drained net
weight of the foodstuff shall also be indicated on the labelling.
For the purposes of this paragraph, ‘liquid medium’ shall mean the following
products, possibly in mixtures and also where frozen or quick-frozen,provided that the liquid is merely an adjunct to the essential elements of thatpreparation and is thus not a decisive factor for the purchase: water, aqueous
solutions of salts, brine, aqueous solutions of food acids, vinegar, aqueous
solutions of sugars, aqueous solutions of other sweetening substances, fruit orvegetable juices in the case of fruit or vegetables.
This list may be supplemented in accordance with the procedure laid down in
Article 20(2).
Methods of checking the drained net weight shall be determined in
accordance with the procedure laid down in Article 20(2).
5. It shall not be compulsory to indicate the net quantity in the case of
foodstuffs:
(a) which are subject to considerable losses in their volume or mass and
which are sold by number or weighed in the presence of the purchaser;
(b) the net quantity of which is less than 5 g or 5 ml; however, this provision
shall not apply to spices and herbs.
Community provisions or, where there are none, national provisions
applicable to specified foodstuffs may in exceptional cases lay down
thresholds which are higher than 5 g or 5 ml provided that this does not
result in the purchaser being inadequately informed.
Without prejudice to the notification provided for in Article 24, Member
States shall inform the Commission and the other Member States of anymeasure taken pursuant to this paragraph.
6. The Community provisions referred to in paragraphs 1, second
subparagraph, 2(b) and (d) and 5, second subparagraph, shall be adopted in
accordance with the procedure laid down in Article 20(2).
Article 9
1. The date of minimum durability of a foodstuff shall be the date until
which the foodstuff retains its specific properties when properly stored.
It shall be indicated in accordance with paragraphs 2 to 5.
2. 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.
3. The words referred to in paragraph 2 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 specifiedperiod.
4. The date shall consist of the day, month and year in uncoded
chronological form.
However, in the case of foodstuffs:— which will not keep for more than three months, an indication of the day
and the month will suffice,
— which will keep for more than three months but not more than 18 months,
an indication of the month and year will suffice,
— which will keep for more than 18 months, an indication of the year will
suffice.
The manner of indicating the date may be specified according to the
procedure laid down in Article 20(2).!B2000L0013 — EN — 26.05.2000 — 000.001 — 10
5. Subject to Community provisions imposing other types of date indication,
an indication of the durability date 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 tosprouting 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 falling
within CN codes 2206 00 91, 2206 00 93 and 2206 00 99 andmanufactured from grapes or grape musts,
— beverages containing 10 % or more by volume of alcohol,— soft drinks, fruit juices, fruit nectars and alcoholic beverages 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,— individual portions of ice-cream.
Article 10
1. In the case of foodstuffs which, from the microbiological point of view,
are highly perishable and are therefore likely after a short period to constitute
an immediate danger to human health, the date of minimum durability shall
be replaced by the ‘use by’ date.
2. The date shall be preceded by the words:— in Spanish: ‘fecha de caducidad’,— in Danish: ‘sidste anvendelsesdato’,— in German: ‘verbrauchen bis’,— in Greek: ‘ ανάλωση µέ/khiρι»,
— in English: ‘use by’,— in French: ‘à consommer jusqu’au’,— in Italian: ‘da consumare entro’,— in Dutch: ‘te gebruiken tot’,— in Portuguese: ‘a consumir até’,— in Finnish: ‘viimeinen käyttöajankohta’,— in Swedish: ‘sista förbrukningsdag’.These words shall be accompanied by:— either the date itself, or— a reference to where the date is given on the labelling.These particulars shall be followed by a description of the storage conditions
which must be observed.
3. The date shall consist of the day, the month and, possibly, the year, in that
order and in uncoded form.
4. In some cases it may be decided by the procedure laid down in Article
20(2) whether the conditions laid down in paragraph 1 are fulfilled.
Article 11
1. The instructions for use of a foodstuff shall be indicated in such a way as
to enable appropriate use to be made thereof.!B2000L0013 — EN — 26.05.2000 — 000.001 — 11
2. Community provisions or, where there are none, national provisions may,
in the case of certain foodstuffs, specify the way in which the instructions foruse should be indicated.
The procedure laid down in Article 19 shall apply to such national provisions.
The Community provisions referred to in this paragraph shall be adopted in
accordance with the procedure laid down in Article 20(2).
Article 12
The rules concerning indication of the alcoholic strength by volume shall, in
the case of products covered by tariff heading Nos 22.04 and 22.05, be thoselaid down in the specific Community provisions applicable to such products.
In the case of other beverages containing more than 1,2 % by volume of
alcohol, these rules shall be laid down in accordance with the procedureprovided for in Article 20(2).
Article 13
1. (a) When the foodstuffs are prepackaged, the particulars provided for in
Articles 3 and 4(2) shall appear on the prepackaging or on a labelattached thereto.
(b) Notwithstanding point (a) and without prejudice to Community
provisions on nominal quantities, where prepackaged foodstuffs are:
— intended for the ultimate consumer but marketed at a stage prior
to sale to the ultimate consumer and where sale to a mass caterer
is not involved at that stage,
— intended for supply to mass caterers for preparation, processing,
splitting or cutting up,
the particulars required under Articles 3 and 4(2) need appear only
on the commercial documents referring to the foodstuffs where it canbe guaranteed that such documents, containing all the labellinginformation, either accompany the foodstuffs to which they refer or
were sent before or at the same time as delivery.
(c) In the case referred to in point (b), the particulars referred to in
Article 3(1) point 1, 5 and 7 and, where appropriate, that referred to
in Article 10, shall also appear on the external packaging in which
the foodstuffs are presented for marketing.
2. The particulars mentioned in Article 3 and Article 4(2) shall be easy to
understand and marked in a conspicuous place in such a way as to be easily
visible, clearly legible and indelible.
They shall not in any way be hidden, obscured or interrupted by other written
or pictorial matter.
3. The particulars listed in Article 3(1), points 1, 4, 5 and 10 shall appear in
the same field of vision.
This requirement may be extended to the particulars provided for in Article
4(2).
4. In the case of the glass bottles intended for reuse which are indelibly
marked and which therefore bear no label, ring or collar and packaging orcontainers the largest surface of which has an area of less than 10 cm
2only the
particulars listed in Article 3(1) points 1, 4 and 5 need be given.
In this case, paragraph 3 shall not apply.
5. Ireland, the Netherlands and the United Kingdom may derogate from
Article 3(1) and paragraph 3 of this Article in the case of milk and milkproducts put up in glass bottles intended for reuse.
They shall inform the Commission of any measure taken pursuant to the first
subparagraph.!B2000L0013 — EN — 26.05.2000 — 000.001 — 12
Article 14
Where foodstuffs are offered for sale to the ultimate consumer or to mass
caterers without prepackaging, or where foodstuffs are packaged on the sales
premises at the consumer’ s request or prepackaged for direct sale, the MemberStates shall adopt detailed rules concerning the manner in which the
particulars specified in Article 3 and Article 4(2) are to be shown.
They may decide not to require the provision of all or some of these
particulars, provided that the purchaser still receives sufficient information.
Article 15
This Directive shall not affect the provisions of national laws which, in the
absence of Community provisions, impose less stringent requirements for the
labelling of foodstuffs presented in fancy packaging such as figurines orsouvenirs.
Article 16
1. Member States shall ensure that the sale is prohibited within their own
territories of foodstuffs for which the particulars provided for in Article 3 andArticle 4(2) do not appear in a language easily understood by the consumer,
unless the consumer is in fact informed by means of other measures
determined in accordance with the procedure laid down in Article 20(2) asregards one or more labelling particulars.
2. Within its own territory, the Member State in which the product is
marketed may, in accordance with the rules of the Treaty, stipulate that those
labelling particulars shall be given in one or more languages which it shall
determine from among the official languages of the Community.
3. Paragraphs 1 and 2 shall not preclude the labelling particulars from being
indicated in several languages.
Article 17
Member States shall refrain from laying down requirements more detailed
than those already contained in Articles 3 to 13 concerning the manner inwhich the particulars provided for in Article 3 and Article 4(2) are to be
shown.
Article 18
1. Member States may not forbid trade in foodstuffs which comply with the
rules laid down in this Directive by the application of non-harmonised
national provisions governing the labelling and presentation of certain
foodstuffs or of foodstuffs in general.
2. Paragraph 1 shall not apply to non-harmonised national provisions
justified on grounds of:
— protection of public health,
— prevention of fraud, unless such provisions are liable to impede the
application of the definitions and rules laid down by this Directive,
— protection of industrial and commercial property rights, indications of
provenance, registered designations of origin and prevention of unfair
competition.
Article 19
Where reference is made to this Article, the following procedure shall apply
should a Member State deem it necessary to adopt new legislation.
It shall notify the Commission and the other Member States of the measures
envisaged and give the reasons justifying them. The Commission shall consultthe Member States within the Standing Committee on Foodstuffs set up byCouncil Decision 69/414/EEC (
1) if it considers such consultation to be useful
or if a Member State so requests.!B
(1) OJ L 291, 29.11.1969, p. 9.2000L0013 — EN — 26.05.2000 — 000.001 — 13
Member States may take such envisaged measures only three months after
such notification and provided that the Commission’ s opinion is not negative.
In the latter event, and before the expiry of the abovementioned period, the
Commission shall initiate the procedure provided for in Article 20(2) in orderto determine whether the envisaged measures may be implemented subject, ifnecessary, to the appropriate modifications.
Article 20
1. The Commission shall be assisted by the Standing Committee on
Foodstuffs (hereinafter referred to as ‘the Committee’).
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at
three months.
3. The Committee shall adopt its rules of procedure.
Article 21
If temporary measures prove necessary to facilitate the application of this
Directive, they shall be adopted in accordance with the procedure provided for
in Article 20(2).
Article 22
This Directive shall not affect Community provisions relating to the labelling
and presentation of certain foodstuffs already adopted on 22 December 1978.
Any amendments necessary to harmonise such provisions with the rules laid
down in this Directive shall be decided in accordance with the procedure
applicable to each of the provisions in question.
Article 23
This Directive shall not apply to products for export outside the Community.
Article 24
Member States shall ensure that the Commission receives the text of any
essential provision of national law which they adopt in the field governed bythis Directive.
Article 25
This Directive shall also apply to the French overseas departments.
Article 26
1. Directive 79/112/EEC as amended by the Directives referred to in Annex
IV , Part A, is repealed, without prejudice to the obligations of the MemberStates in respect of the deadlines for transposition laid down in Annex IV , Part
B.
2. The reference made to the repealed Directive shall be construed as
references to this Directive and should be read in accordance with the
correlation table set out in Annex V .
Article 27
This Directive enters into force on the 20th day following its publication in
theOfficial Journal of the European Communities .
Article 28
This Directive is addressed to the Member States.!B2000L0013 — EN — 26.05.2000 — 000.001 — 14
ANNEX I
CATEGORIES OF INGREDIENTS WHICH MA Y BE DESIGNATED BY THE NAME OF THE CATEGOR Y RATHER THAN
THE SPECIFIC NAME
Definition Designation
Refined oils other than olive oil ‘Oil’, together with
— either the adjective ‘vegetable’ or ‘animal’, as appro-
priate, or
— an indication of their specific vegetable or animal origin
The adjective ‘hydrogenated’ must accompany the indication
of a hydrogenated oil
Refined fats ‘Fat’, together with
— either the adjective ‘vegetable’ or ‘animal’, as appro-
priate, or
— an indication of their specific vegetable or animal origin
The adjective ‘hydrogenated’ must accompany the indication
of a hydrogenated fat
Mixtures of flour obtained from two or more cereal species ‘Flour’, followed by a list of the cereals from which it has
been obtained, in descending order by weight
Starches, and starches modified by physical means or by
enzymes‘Starch’
All species of fish where the fish constitutes an ingredient of
another foodstuff and provided that the name and presentation
of such foodstuff does not refer to a specific species of fish‘Fish’
All types of cheese where the cheese or mixture of cheeses
constitutes an ingredient of another foodstuff and providedthat the name and presentation of such foodstuff does not refer
to a specific type of cheese‘Cheese’
All spices not exceeding 2 % by weight of the foodstuff ‘Spice(s)’ or ‘mixed spices’
All herbs or parts of herbs not exceeding 2 % by weight of the
foodstuff‘Herb(s)’ or ‘mixed herbs’
All types of gum preparations used in the manufacture of gum
base for chewing gum‘Gum base’
All types of crumbed baked cereal products ‘Crumbs’ or ‘rusks’ as appropriate
All types of sucrose ‘Sugar’
Anhydrous dextrose or dextrose monohydrate ‘Dextrose’
Glucose syrup and anhydrous glucose syrup ‘Glucose syrup’All types of milk protein (caseins, caseinates and whey
proteins) and mixtures thereof‘Milk proteins’
Press, expeller or refined cocoa butter ‘Cocoa butter’
All crystallised fruit not exceeding 10 % of the weight of the
foodstuff‘Crystallised fruit’
Mixtures of vegetables not exceeding 10 % of the weight of
the foodstuff‘Vegetables’
All types of wine as defined in Council Regulation (EC) No
1493/1999 of 17 May 1999 on the common organisation of themarket in wine (
1)‘Wine’
(1) OJ L 179, 14.7.1999, p. 1.!B2000L0013 — EN — 26.05.2000 — 000.001 — 15
ANNEX II
CATEGORIES OF INGREDIENTS WHICH MUST BE DESIGNATED BY THE
NAME OF THEIR CATEGORY FOLLOWED BY THEIR SPECIFIC NAME OR
EC NUMBER
Colour
PreservativeAntioxidant
Emulsifier
ThickenerGelling agent
Stabiliser
Flavour enhancer
Acid
Acidity regulatorAnti-caking agent
Modified starch (
1)
SweetenerRaising agent
Anti-foaming agent
Glazing agentEmulsifying salts (
2)
Flour treatment agent
Firming agentHumectant
Bulking agent
Propellent gas!
B
(1) The specific name or EC number need not be indicated.
(2) Only for processed cheeses and products based on processed cheeses.2000L0013 — EN — 26.05.2000 — 000.001 — 16
ANNEX III
Designation of flavourings in the list of ingredients
1. Flavourings shall be designated either by the word ‘flavouring(s)’ or by a more
specific name or description of the flavouring.
2. The word ‘natural’ or any other word having substantially the same meaning
may be used only for flavourings in which the flavouring component containsexclusively flavouring substances as defined in Article 1(2)(b)(i) of CouncilDirective 88/388/EEC of 22 June 1988 on the approximation of the laws of theMember States relating to flavourings for use in foodstuffs and to source
materials for their production (
1) and/or flavouring preparations as defined in
Article 1(2)(c) of the said Directive.
3. If the name of the flavouring contains a reference to the vegetable or animal
nature or origin of the incorporated substances, the word ‘natural’ or any other
word having substantially the same meaning may not be used unless the
flavouring component has been isolated by appropriate physical processes,enzymatic or microbiological processes or traditional food-preparationprocesses solely or almost solely from the foodstuff or the flavouring sourceconcerned.!
C1
(1) OJ L 184, 15.7.1988, p. 61. Directive as amended by Commission Directive
91/71/EEC (OJ L 42, 15.2.1991, p. 25).2000L0013 — EN — 26.05.2000 — 000.001 — 17
ANNEX IV
PART A
REPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS
(referred to by Article 26)
Council Directive 79/112/EEC (OJ L 33, 8.2.1979, p. 1)
Council Directive 85/7/EEC (OJ L 2, 3.1.1985, p. 22), only Article 1(9)Council Directive 86/197/EEC (OJ L 144, 29.5.1986, p. 38)
Council Directive 89/395/EEC (OJ L 186, 30.6.1989, p. 17)
Commission Directive 91/72/EEC (OJ L 42, 15.2.1991, p. 27)Commission Directive 93/102/EC (OJ L 291, 25.11.1993, p. 14)
Commission Directive 95/42/EC (OJ L 182, 2.8.1995, p. 20)
European Parliament and Council Directive 97/4/EC (OJ L 43, 14.2.1997, p. 21)
PART B
DEADLINES FOR TRANSPOSITION INTO NATIONAL LA W
(referred to by Article 26)
Directive Deadline for transpositionAdmission of market products
according to this DirectiveProhibition of market products
not in accordance with this
Directive
79/112/EEC 22 December 1980 22 December 1982
85/7/EEC
86/197/EEC 1 May 1988 1 May 198989/395/EEC 20 December 1990 20 June 199291/72/EEC 30 June 1992 1 January 1994
93/102/EC 30 December 1994 1 January 1995 30 June 1996
95/42/EC97/4/EC 14 August 1998 14 February 2000!
B2000L0013 — EN — 26.05.2000 — 000.001 — 18
ANNEX V
CORRELATION TABLE
Directive 79/112/EEC This Directive
Article 1 Article 1
Article 2 Article 2Article 3(1), point 1 Article 3(1), point 1
Article 3(1), point 2 Article 3(1), point 2
Article 3(1), point 2a Article 3(1), point 3Article 3(1), point 3 Article 3(1), point 4
Article 3(1), point 4 Article 3(1), point 5
Article 3(1), point 5 Article 3(1), point 6Article 3(1), point 6 Article 3(1), point 7
Article 3(1), point 7 Article 3(1), point 8
Article 3(1), point 8 Article 3(1), point 9Article 3(1), point 9 Article 3(1), point 10
Article 3(2) and (3) Article 3(2) and (3)
Article 4 Article 4Article 5 Article 5
Article 6(1), (2) and (3) Article 6(1), (2) and (3)
Article 6(4)(a) and (b) Article 6(4)(a) and (b)Article 6(4)(c)(i) Article 6(4)(c)(i)Article 6(4)(c)(ii), first indent Article 6(4)(c)(ii)
Article 6(4)(c)(ii), second indent Article 6(4)(c)(iii)
Article 6(4)(d) Article 6(4)(d)Article 6(5)(a) Article 6(5)
Article 6(5)(b) Article 6(6)
Article 6(6) Article 6(7)Article 6(7), first subparagraph Article 6(8), first subparagraph
Article 6(7), second subparagraph, first
and second indentsArticle 6(8), second subparagraph, points
(a) and (b)
Article 6(8) Article 6(9)Article 7 Article 7
Article 8(1) to (5) Article 8(1) to (5)
Article 8(6) —Article 8(7) Article 8(6)
Article 9(1) to (4) Article 9(1) to (4)
Article 9(5) —Article 9(6) Article 9(5)
Article 9a Article 10!
B2000L0013 — EN — 26.05.2000 — 000.001 — 19
Directive 79/112/EEC This Directive
Article 10 Article 11
Article 10a Article 12
Article 11(1) and (2) Article 13(1) and (2)Article 11(3)(a) Article 13(3)
Article 11(3)(b) —
Article 11(4) Article 13(4)Article 11(5) —
Article 11(6) Article 13(5), first subparagraph
Article 11(7) Article 13(5), second subparagraphArticles 12 and 13 Articles 14 and 15
Article 13a Article 16
Articles 14 and 15 Articles 17 and 18Article 16(1) —
Article 16(2) Article 19
Article 17, first paragraph Article 20(1)Article 17, second, third, fourth and fifth
paragraphsArticle 20(2)
Article 18 —
Articles 19, 20 and 21 Articles 21, 22 and 23Article 22(1), (2) and (3) —
Article 22(4) Article 24
Article 23 —Article 24 Article 25
Article 25 —
Article 26 —— Article 26— Article 27
— Article 28
Annex I Annex IAnnex II Annex II
Annex III Annex III
— Annex IV— Annex V!
B2000L0013 — EN — 26.05.2000 — 000.001 — 20