2000L0013 — EN — 18.12.2001 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DIRECTIVE2000/13/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of20March2000
ontheapproximationofthelawsoftheMemberStatesrelatingtothelabelling,presentationand
advertisingoffoodstuffs
(OJ L 109, 6.5.2000, p. 29)
Amended by:
OfficialJournal
No page date
►M1 Commission Directive 2001/101/EC of 26 November 2001 L 310 19 28.11.2001
Corrected by:
►C1 Corrigendum, OJ L 124, 25.5.2000, p. 66 (2000/13/EC)
▼B
DIRECTIVE 2000/13/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of20March2000
ontheapproximationofthelawsoftheMemberStatesrelatingto
thelabelling,presentationandadvertisingoffoodstuffs
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 proposalof 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) CouncilDirective 79/112/EEC of 18 December 1978 on the
approximation of the laws of the Member States relating to thelabelling, 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 consoli-dated in a single text.
(2) Differences between the laws, regulations and administrativeprovisions of the Member States on the labelling of foodstuffsmay 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 internalmarket.
(4) The purpose of this Directive should be to enact Communityrules of a general nature applicable horizontally to all foodstuffsput on the market.
(5) Rules of a specific nature which apply vertically only to parti-cular foodstuffs should be laid down in provisions dealing withthose products.
(6) The prime consideration for any rules on the labelling of food-stuffs should be the need to inform and protect the consumer.
(7) That need means that Member States may, in compliance withthe 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 makehis choice in full knowledge of the facts, is the most appropriatesince it creates fewest obstacles to free trade.
(9) Therefore, a list should be drawn up of all information whichshould 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 ofall the indications 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 supple-menting the existing rules.2000L0013 — EN — 18.12.2001 — 001.001 — 2
(1) OJ C 258, 10.9.1999, p. 12.
(2) Opinion of the European Parliament of 18 January 2000 (not yet published
in the OfficialJournal ) and CouncilDecision 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.
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(11) Furthermore, in the absence of Community rules of a specific
nature Member States should retain the right to lay down certain
nationalprovisions which may be added to the generalprovi-sions of this Directive, nevertheless these provisions should besubject to a Community procedure.
(12) The said Community procedure must be that of a Communitydecision when a Member State wishes to enact new legislation.
(13) Provision should also be made for the Community legislator toderogate, in exceptionalcases, from certain obl igations thathave been fixed generally.
(14) The rules on labelling should also prohibit the use of informationthat would mislead the purchaser or attribute medicinal proper-ties 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 maybe provided that, at stages prior to sale to the ultimate consumer,
only information on the essential elements should appear on theouter packaging and certain mandatory particulars that mustappear on a prepackaged foodstuff need appear only on commer-cialdocuments referring thereto.
(16) Member States should retain the right, depending on local prac-tical conditions and circumstances, to lay down rules in respect
of the labelling of foodstuffs sold in bulk; in such cases, infor-
mation should nevertheless be provided for the consumer.
(17) With the aim of simplifying and accelerating the procedure, theCommission should be entrusted with the task of adopting imple-menting measures of a technicalnature.
(18) The measures necessary for the implementing of this Directiveshould be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for theexercise of implementing powers conferred on the Commis-sion (
1).
(19) This Directive should be without prejudice to the obligations ofthe Member States concerning the time limits for transposition
of the Directives set out in Annex IV, Part B,
HAVE 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 and advertising thereof.
2. This Directive shall apply also to foodstuffs intended for supply
to restaurants, hospitals, canteens and other similar mass caterers (here-inafter referred 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 placedon any packaging, document, notice, label, ring or collar accompa-
nying or referring to such foodstuff;
(b) ‘pre-packaged foodstuff’ shall mean any single item for presenta-
tion as such to the ultimate consumer and to mass caterers,
consisting of a foodstuff and the packaging into which it was putbefore being offered for sale, whether such packaging encloses thefoodstuff completely or only partially, but in any case in such away that the contents cannot be altered without opening or chan-ging the packaging.2000L0013 — EN — 18.12.2001 — 001.001 — 3
(1) OJ L 184, 17.7.1999, p. 23.
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Article 2
1. The labelling and methods used must not:
(a) be such as could mislead the purchaser to a material degree, parti-
cularly:
(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;
(iii) by suggesting that the foodstuff possesses specialcharacteris-
tics when in fact all similar foodstuffs possess suchcharacteristics;
(b) subject to Community provisions applicable to natural mineral
waters and foodstuffs for particular nutritional uses, attribute toany foodstuff the property of preventing, treating or curing ahuman 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 theclaims within the meaning of paragraph 1, the use of which must atall 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 theyare 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 becompulsory 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 perish-able, the ‘use by’ date;
(6) any specialstorage 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
the manufacturer, 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 para-graph;
(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 appro-
priate 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.2000L0013 — EN — 18.12.2001 — 001.001 — 4
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2. Notwithstanding the previous paragraph, Member States may
retain nationalprovisions which require indication of the factory orpackaging 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 generalmay provide for derogations, in exceptionalcases, from the requirements laid down in Article 3(1), points 2 and
5, provided that this does not result in the purchaser being inadequately
informed.
2. Community provisions applicable to specified foodstuffs and not
to foodstuffs in generalmay provide that other particul ars in additionto those listed in Article 3 must appear on the labelling.
Where there are no Community provisions, Member States may make
provision for such particulars in accordance with the procedure laid
down in Article 19.
3. The Community provisions referred to in paragraphs 1 and 2 shall
be adopted in accordance with the procedure laid down in Article20(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, regula-tions and administrative provisions applicable in the Member Statein which the product is sold to the final consumer or to masscaterers.
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 finalconsumer or 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 withwhich 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 of production 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 truenature of the foodstuff and to distinguish it from foodstuffs withwhich they could confuse it, the sales name shall be accompaniedby other descriptive information which shall appear in proximity tothe sales name.
(c) In exceptionalcases, the sal es name of the Member State of
production shall not be used in the Member State of marketingwhen the foodstuff which it designates is so different, as regards
its composition or manufacture, from the foodstuff known under
that name that the provisions of point (b) are not sufficient toensure, in the Member State of marketing, correct information forconsumers.
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 foodstuffor the specific treatment which it has undergone (e.g. powdered,freeze-dried, deep-frozen, concentrated, smoked) in all cases whereomission of such information could create confusion in the mind ofthe purchaser.2000L0013 — EN — 18.12.2001 — 001.001 — 5
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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:
‘επεξεργασµένο µε ιονίζουσα ακτινοβολία ’o r‘ ακτινοβολη-
µένο ’,
— 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’,
— in Dutch:
‘doorstraald’ or ‘door bestraling behandeld’ or ‘met ioniserende
stralen behandeld’,
— in Portuguese:
‘irradiado’ or ‘tratado por irradiação’ or ‘tratado por radiação ioni-
zante’,
— 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 manu-facture, or the salt needed for the manufacture of cheese other thanfresh cheese and processed cheese;
(c) products comprising a single ingredient, where:
— the trade name is identicalwith 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 labellingingredients.2000L0013 — EN — 18.12.2001 — 001.001 — 6
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4. (a) ‘Ingredient’ shall mean any substance, including additives, used
in the manufacture or preparation of a foodstuff and still presentin 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 ofthe foodstuff in question.
(c) The following shall not be regarded as ingredients:
(i) the constituents of an ingredient which have been tempora-
rily separated during the manufacturing process and later
reintroduced but not in excess of their originalproportions;
(ii) additives:
— whose presence in a given foodstuff is solely due to the
fact that they were contained in one or more ingredientsof that foodstuff, provided that they serve no technolo-gicalfunction 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.
(d) In certain cases Decisions may be taken in accordance with the
procedure laid down in Article 20(2) as to whether the condi-tions described 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 the manufacture 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 a foodstuff shall be calculated by deducting from the
totalamount of the finished product the totalamount of the otheringredients used. This amount need not be taken into considerationif it does not exceed 5 % by weight of the finished product,
— ingredients used in concentrated or dehydrated form and reconsti-
tuted at the time of manufacture may be listed in order of weightas recorded before 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 suchas ‘ingredients of the reconstituted product’, or ‘ingredients of theready-to-use product’,
— in the case of mixtures of fruit or vegetables where no particular
fruit or vegetable significantly predominates in proportion byweight, those ingredients 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 belisted in another order provided that that list of ingredients isaccompanied by an expression 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 designatedby 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,2000L0013 — EN — 18.12.2001 — 001.001 — 7
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— ingredients belonging to one of the categories listed in Annex II
must be designated by the name of that category, followed by theirspecific name or EC number; if an ingredient belongs to more than
one of the categories, the category appropriate to the principalfunc-
tion 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 proce-
dure 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 adoptedsubsequently in accordance with Article 95 of the Treaty.
7. Community provisions or, where there are none, nationalprovi-
sions may lay down that the name under which a specific foodstuff issold is to be accompanied by mention of a particular ingredient oringredients.
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 ofits 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 thecase 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 speci-
fied:
(a) where the water is used during the manufacturing process solely for
the reconstitution of an ingredient used in concentrated or dehy-drated 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 accor-dance with this 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 asso-
ciated with that name 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 essen-
tialto characterise a foodstuff and to distinguish it from productswith which it might be confused because of its name or appear-ance; or
(d) in the cases determined in accordance with the procedure laid down
in Article 20(2).2000L0013 — EN — 18.12.2001 — 001.001 — 8
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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 inthe country of marketing because the variation in quantity is
not essentialto characterise the foodstuff or does not distinguish
it from similar foods. In cases of doubt it shall be decided bythe procedure laid down in Article 20(2) whether the conditionslaid down in this indent are fulfilled;
(b) where specific Community provisions stipulate precisely the quan-
tity of an ingredient or of a category of ingredients withoutproviding 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).
4. The quantity indicated, expressed as a percentage, shall corre-
spond to the quantity of the ingredient or ingredients at the time ofits/their use. However, Community provisions may allow for deroga-tions from this principle for certain 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 inthe list of ingredients in connection with the ingredient or category ofingredients 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, nationalprovisions
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 quantityfor the 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, nationalprovi-
sions may, for certain specified foodstuffs classified by quantityin categories, require other indications of quantity.
The procedure laid down in Article 19 shall apply to any such
nationalprovisions.
(c) Where a prepackaged item consists of two or more individual
prepackaged items containing the same quantity of the same2000L0013 — EN — 18.12.2001 — 001.001 — 9
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product, the net quantity shall be indicated by mentioning the
net quantity contained in each individualpackage and the totalnumber of such packages. Indication of these particulars shall
not, however, be compulsory where the total number of indivi-
dual packages can be clearly seen and easily counted from theoutside and where at least one indication of the net quantitycontained in each individual package can be clearly seen fromthe outside.
(d) Where a prepackaged item consists of two or more individual
packages which are not regarded as units of sale, the net quan-tity shall be given by indicating the total net quantity and thetotalnumber of individualpackages. Community provisions or,
where there are none, nationalprovisions need not, in the case
of certain foodstuffs, require indication of the totalnumber ofindividualpackages.
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.
3. In the case of foodstuffs normally sold by number, Member States
need not require indication of the net quantity provided that the numberof items can clearly be seen and easily counted from the outside or, if
not, is indicated on the labelling.
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 paragraph.
4. Where a solid foodstuff is presented in a liquid medium, the
drained net weight of the foodstuff shall also be indicated on the label-ling.
For the purposes of this paragraph, ‘liquid medium’ shall mean the
following products, possibly in mixtures and also where frozen orquick-frozen, provided that the liquid is merely an adjunct to the essen-tialel ements of that preparation and is thus not a decisive factor for thepurchase: water, aqueous solutions of salts, brine, aqueous solutions offood acids, vinegar, aqueous solutions of sugars, aqueous solutions of
other sweetening substances, fruit or vegetable 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 thepurchaser;
(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, nationalprovisions
applicable to specified foodstuffs may in exceptional cases lay downthresholds 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 MemberStates of any measure 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 beadopted in accordance with the procedure laid down in Article 20(2).2000L0013 — EN — 18.12.2001 — 001.001 — 10
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Article 9
1. The date of minimum durability of a foodstuff shall be the date
untilwhich the foodstuff retains its specific properties when properl y
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 specified period.
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).
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 beveragesfalling within CN codes 2206 00 91, 2206 00 93 and 2206 00 99
and manufactured 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 manufac-ture,
— vinegar,— cooking salt,— solid sugar,— confectionery products consisting almost solely of flavoured and/or
coloured sugars,
— chewing gums and similar chewing products,— individualportions 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’,2000L0013 — EN — 18.12.2001 — 001.001 — 11
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— in German: ‘verbrauchen bis’,— in Greek: ‘ ανάλωση µέχρι ’,
— 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 arefulfilled.
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.
2. Community provisions or, where there are none, nationalprovi-
sions may, in the case of certain foodstuffs, specify the way in whichthe instructions for use 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 those laid down in the specific Community provisions applic-able 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 proce-
dure provided 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 oron a label attached thereto.
(b) Notwithstanding point (a) and without prejudice to Community
provisions on nominalquantities, where prepackaged foodstuffsare:
— intended for the ultimate consumer but marketed at a stage
prior to sale to the ultimate consumer and where sale to amass caterer is not involved at that stage,
— intended for supply to mass caterers for preparation, proces-
sing, splitting or cutting up,
the particulars required under Articles 3 and 4(2) need appear
only on the commercial documents referring to the foodstuffswhere it can be guaranteed that such documents, containing allthe labelling information, either accompany the foodstuffs towhich they refer or were sent before or at the same time asdelivery.2000L0013 — EN — 18.12.2001 — 001.001 — 12
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(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, thatreferred to in Article 10, shall also appear on the external packa-
ging 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 pictorialmatter.
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 indel-
ibly marked and which therefore bear no label, ring or collar andpackaging or containers the largest surface of which has an area ofless 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 milkand milk products put up in glass bottles intended for reuse.
They shall inform the Commission of any measure taken pursuant to
the first subparagraph.
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 fordirect sale, the Member States shall adopt detailed rules concerningthe manner in which the particulars specified in Article 3 and Article4(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 informa-tion.
Article 15
This Directive shall not affect the provisions of national laws which, in
the absence of Community provisions, impose less stringent require-ments for the labelling of foodstuffs presented in fancy packagingsuch as figurines or souvenirs.
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 and Article 4(2) do not appear in a language easily under-
stood by the consumer, unless the consumer is in fact informed bymeans of other measures determined in accordance with the procedurelaid down in Article 20(2) as regards 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, stipulatethat those labelling particulars shall be given in one or more languageswhich 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 severall anguages.2000L0013 — EN — 18.12.2001 — 001.001 — 13
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Article 17
Member States shall refrain from laying down requirements more
detailed than those already contained in Articles 3 to 13 concerningthe manner in which the particulars provided for in Article 3 andArticle 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 presenta-tion 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 industrialand commercialproperty rights, indications
of provenance, registered designations of origin and prevention ofunfair 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 legisla-tion.
It shall notify the Commission and the other Member States of the
measures envisaged and give the reasons justifying them. The Commis-sion shall consult the Member States within the Standing Committee onFoodstuffs set up by CouncilDecision 69/414/EEC (
1) if it considers
such consultation to be useful or if a Member State so requests.
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 Article20(2) in order to determine whether the envisaged measures may beimplemented subject, if necessary, 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 ofArticle 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 22December 1978.2000L0013 — EN — 18.12.2001 — 001.001 — 14
(1) OJ L 291, 29.11.1969, p. 9.
▼B
Any amendments necessary to harmonise such provisions with the rules
laid down in this Directive shall be decided in accordance with theprocedure 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 by this 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 Member States in respect of the deadlines for transposition laiddown 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 withthe correlation table set out in Annex V.
Article 27
This Directive enters into force on the 20th day following its publica-
tion in the Official Journal of the European Communities .
Article 28
This Directive is addressed to the Member States.2000L0013 — EN — 18.12.2001 — 001.001 — 15
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ANNEXI
CATEGORIES OF INGREDIENTS WHICH MAY BE DESIGNATED BY THE NAME OF
THECATEGORYRATHERTHANTHESPECIFICNAME
Definition Designation
Refined oils other than olive oil ‘Oil’, together with
— either the adjective ‘vegetable’ or ‘animal’,
as appropriate, or
— an indication of their specific vegetable or
animalorigin
The adjective ‘hydrogenated’ must accompany
the indication of a hydrogenated oil
Refined fats ‘Fat’, together with
— either the adjective ‘vegetable’ or ‘animal’,
as appropriate, or
— an indication of their specific vegetable or
animalorigin
The adjective ‘hydrogenated’ must accompany
the indication of a hydrogenated fat
Mixtures of flour obtained from two or more
cerealspecies‘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 provided that the name and presen-
tation 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 manu-
facture 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 Regula-
tion (EC) No 1493/1999 of 17 May 1999 on the
common organisation of the market in wine (
1)‘Wine’2000L0013 — EN — 18.12.2001 — 001.001 — 16
▼B
Definition Designation
Skeletal muscles (**) of mammalian and bird
species recognised as fit for human consumption
with naturally included or adherent tissue, where
the totalfat and connective tissue content does
not exceed the values indicated below and where
the meat constitutes an ingredient of another
foodstuff. The products covered by the Commu-
nity definiton of ‘mechanically recovered meat’
are excluded from this definition.
Maximum fat and connective tissue contents for
ingredients designated by the term ‘… meat’.
SpeciesFat
(%)Connective
tissue (1)
(%)
Mammals (other
than rabbits and
porcines) and
mixtures of species
with mammals
predominating25 25
Porcines 30 25
Birds and rabbits 15 10
(1) The connective tissue content is calculated on the
basis of the ratio between collagen content and
meat protein content. The collagen content meansthe hydroxyproline content multiplied by a factor of8.
If these maximum limits are exceeded, but all
other criteria for the definition of ‘meat’ are
satisfied, the ‘… meat’ content must be adjusted
downwards accordingly and the list of ingredi-
ents must mention, in addition to the term ‘…
meat’, the presence of fat and/or connective
tissue.‘… meat’ and the name(s) (*) of the animal
species from which it comes.
(1) OJ L 179, 14.7.1999, p. 1.
►M1(*) For labelling in English, this designation may be replaced by the generic name of the ingredient for the
animalspecies concerned.
(**) The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the muscles of the
head (other than the masseters), the muscles of the carpus, the tarsus and the tail are excluded. ◄2000L0013 — EN — 18.12.2001 — 001.001 — 17
▼M1
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ANNEXII
CATEGORIESOFINGREDIENTSWHICHMUSTBEDESIGNATEDBY
THE NAME OF THEIR CATEGORY FOLLOWED BY THEIR
SPECIFICNAMEORECNUMBER
Colour
Preservative
AntioxidantEmulsifier
Thickener
Gelling agentStabiliserFlavour enhancer
Acid
Acidity regulatorAnti-caking agent
Modified starch (
1)
SweetenerRaising agentAnti-foaming agent
Glazing agent
Emulsifying salts (
2)
Flour treatment agent
Firming agent
HumectantBulking agentPropellent gas2000L0013 — EN — 18.12.2001 — 001.001 — 18
(1) The specific name or EC number need not be indicated.
(2) Only for processed cheeses and products based on processed cheeses.
▼C1
ANNEXIII
Designationofflavouringsinthelistofingredients
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 contains
exclusively flavouring substances as defined in Article 1(2)(b)(i) of Council
Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of
the Member 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-
preparation processes solely or almost solely from the foodstuff or the
flavouring source concerned.2000L0013 — EN — 18.12.2001 — 001.001 — 19
(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).
▼B
ANNEXIV
PART A
REPEALEDDIRECTIVEANDITSSUCCESSIVEAMENDMENTS
(referredtobyArticle26)
CouncilDirective 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)
CouncilDirective 86/197/EEC (OJ L 144, 29.5.1986, p. 38)
CouncilDirective 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
DEADLINESFORTRANSPOSITIONINTONATIONALLAW
(referredtobyArticle26)
DirectiveDeadline for transpo-
sitionAdmission of market
products according to
this DirectiveProhibition of market
products not in accor-
dance with this
Directive
79/112/EEC 22 December
198022 December 1982
85/7/EEC
86/197/EEC 1 May 1988 1 May 198989/395/EEC 20 December
199020 June 1992
91/72/EEC 30 June 1992 1 January 1994
93/102/EC 30 December
19941 January 1995 30 June 1996
95/42/EC
97/4/EC 14 August 1998 14 February 20002000L0013 — EN — 18.12.2001 — 001.001 — 20
▼B
ANNEXV
CORRELATIONTABLE
Directive 79/112/EEC This Directive
Article 1 Article 1
Article 2 Article 2Article 3(1), point 1 Article 3(1), point 1Article 3(1), point 2 Article 3(1), point 2
Article 3(1), point 2a Article 3(1), point 3
Article 3(1), point 3 Article 3(1), point 4Article 3(1), point 4 Article 3(1), point 5Article 3(1), point 5 Article 3(1), point 6
Article 3(1), point 6 Article 3(1), point 7
Article 3(1), point 7 Article 3(1), point 8Article 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 5Article 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 subparagraphArticle 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 7Article 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 10Article 10 Article 11Article 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 subparagraphArticle 11(7) Article 13(5), second subparagraph
Articles 12 and 13 Articles 14 and 15
Article 13a Article 16Articles 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 —2000L0013 — EN — 18.12.2001 — 001.001 — 21
▼B
Directive 79/112/EEC This Directive
Article 24 Article 25
Article 25 —Article 26 —— Article 26— Article 27— Article 28Annex I Annex IAnnex II Annex IIAnnex III Annex III
— Annex IV
— Annex V2000L0013 — EN — 18.12.2001 — 001.001 — 22