COMMISSION OF THE EUROPEAN COMMUNITIES 
111 
i'hh * C0M(9>1 ) 536 final - SYN 380 
Brussels, 7 ApriI 1992 
Proposal for a 
CLINCH DIRECTIVE 
amending DirectIve 79/112/EEC on the 
approximation of the laws of the Member States relating to the labelling 
presentation and advertising of foodstuffs 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
1 . INTRODUCTION 
The aim of this proposal for a directive is three-fold: 
to fiI I a gap with regard to the labelling of foodstuffs consisting of 
a single ingredient; 
to reconsider the labelling of alcoholic beverages; and 
to make it compulsory to indicate the content of certain ingredients 
or constituents, 
to supplement the provisions concerning the name under which the 
product is sold. 
With this in mind, it sets out the amendments which need to be made to 
Articles 3, 5, 6 and 7 of Council Directive 79/112/EEC1 of 
18 December 1978 on the approximation of the laws of the Member States 
relating to the labelling, presentation and advertising of foodstuffs, as 
last amended by Directive 91/72/EEC.2 
These amendments were set out in the Commission communication of 1989 on 
the free movement of foodstuffs within the Community,3 paragraph 18 of 
which states that: 
"The Commission is therefore shortly to put forward a proposal aimed at 
making It mandatory to indicate the quantity of ingredients that are 
essential to the characteristics of a foodstuff, specifying the cases in 
which foodstuffs composed of a single ingredient do not need to bear a list 
of ingredients and making it mandatory to indicate the ingredients in 
beverages with an alcoholic strength of more than 1.2% by volume, etc.". 
2. Name under which the product is sold 
Article 5 of Directive 79/112/CEE now states that In the absence of 
Community or national regulations determining the name under which a 
product is sold, the manufacturer could use the name customary in the 
Member State where the product Is sold to the ultimate consumer or to 
mass caterers. 
This territorial limit to the concept of customary names does in 
practice create some obstacles to the free movement of goods. 
In the framework of the completion of the Internal Market, it is 
appropriate to allow also the use of the name customary in the Member 
State where a product is manufactured in the case of products which 
will be sold in another Member State provided this does not have the 
effect of misleading the purchaser. 
1 OJ L 33, 8.2.1979. 
2 OJ L 42, 15.2.1991. 
3 OJ C 271, 24.10.1989. 
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3. Foodstuffs consisting of a single ingredient 
Article 6(2)(c) of Directive 79/112/EEC states that Ingredients need 
not be listed in the case of: 
- "(c) products consisting of a single ingredient". 
Since the Directive was introduced, practice has shown that this 
provision does not always make it possible to ensure that the consumer 
is provided with correct information as to the nature of the 
constituent ingredient. This is the case in particular with 
foodstuffs marketed under the generic name of "pasta", which is used 
to designate products obtained from both common wheat and durum wheat. 
These products were the subject of the judgment of 14 July 1988 in 
Case 90/86, and it should be stressed that in this Case the Court 
upheld the listing of Ingredients in accordance with the provisions of 
the Council Directive on the labelling and presentation of foodstuffs 
(ground 17). 
It is therefore necessary to restrict the scope of the derogation 
provided for in Article 6(2)(c) exclusively to cases in which 
indicating the single ingredient would appear to be superfluous 
because the ingredient already appears in the name under which the 
product is sold or where this name enables the consumer to make his 
choice according to the nature of the ingredient. 
4. Labelling of alcoholic beverages 
The original version of Article 6(3) of Directive 79/112/EEC stated 
that: 
"In the case of beverages containing more than 1.2% by volume of 
alcohol, the Council, acting on a proposal from the Commission, shall, 
before the expiry of a period of four years following notification of 
this Directive, determine the rules for labelling and, possibly, 
indicating the alcoholic strength." 
In accordance with this provision, the Commission, in October 1982, 
proposed an amendment to this Directive to make it compulsory to state 
In the labelling of alcoholic beverages: 
- the alcoholic strength 
- the list of ingredients. 
However, this proposal was only partly adopted in Directive 86/197/EEC 
on alcoholic strength.1 As the second part on the compulsory listing 
of ingredients is still before the Council, it should be reactivated 
and appropriate consequences drawn in the light of the Judgment of 
12 March 1987 (Beer Purity Law) in Case 178/84. If the listing of 
ingredients were made compulsory, there would be no need to mention 
any particular ingredient alongside the name under which the product 
is sold which could discredit the product. 
OJ L 144, 29.5.1986. 
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Quantitative statement of ingredients or constituents 
The purpose of stating the content of certain ingredients is to 
provide essential information with regard to the composition of 
foodstuffs. It enables the consumer to make a better choice from 
among the large number and variety of products on the market, in 
particular those which are similar in appearance but differ more or 
less substant ially. 
This additional information therefore helps to achieve the mutual 
recognition of national regulations and standards on the names and 
composition of foodstuffs and provides producers with extra protection 
against unfair competition. 
The compulsory indication of the content of ingredients or 
constituents should therefore be introduced in Article 3 of the 
labelling Directive and Article 7 should be amended to specify the 
cases in which this indication Is required and the procedures 
applicable. 
The Commission takes the view that the measures proposed should be 
adopted as they derive from the principles evolved 
- on the one hand, by the Court of Justice, which has had to state 
its opinion on this subject on several occasions. The judgments 
concerned in particular are those of 12 March 1987 (Purity 
requirements for beer) in Case 178/84 and 14 July 1988 (Pasta) in 
Case 90/86, In which it upheld that the "compulsory affixing of 
suitable labels giving the nature of the product sold" was the most 
suitable means of providing the consumer with information about the 
composition of the products as it appeared to constitute the least 
obstacle to the Importation of products lawfully manufactured and 
marketed in other Member States. 
- on the other hand, in the two Commission communications entitled 
"Completion of the internal market: Community legislation on 
foodstuffs"1 and "Free movement of foodstuffs within the 
Commun 11 y".2 
1 COM(85)603 final. 
2 OJ C 271, 24.10.1989 
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Proposal for a Council directive amending Directive 79/112/EEC on the 
approximation of the laws of the Member States relating to the labelling, 
presentation and advertising of foodstuffs 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 100a thereof, 
Having regard to 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,1 last amended by Directive 
91/72/EEC2 and in particular Article 6(2)(c) and (3) and Article 7. 
Having regard to the proposal from the Commission,3 
In cooperation with the European Parliament,4 
Having regard to the opinion of the Economic and Social Committee,5 
Whereas the measures aimed at the gradual establishment of the internal 
market must be adopted by 31 December 1992; whereas the internal market 
consists of an area without internal frontiers within which the free 
movement of goods, persons, services and capital is guaranteed; 
Whereas, in the context of the single Market, the use of the name customary 
in the Member State In which the product is manufactured should also be 
allowed In the case of products which will be sold in another Member State; 
Whereas with the two aims of providing the consumer with better information 
and ensuring fair trade the labelling rules as regards the exact nature and 
characteristics of products need to be further improved; 
1 OJ L 33, 08.2.1979, p. 1. 
2 OJ L 42, 15.2.1991. 
3 
4 
5 
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Whereas the Court of Justice has delivered several judgements in which it 
recommends detailed labelling, in particular the compulsory affixing of 
suitable labels giving the nature of the product sold;4 whereas this 
course of action enables the consumer to make his choice in full knowledge 
of the facts and is the most appropriate since it creates the least 
obstacles to free trade; 
Whereas it is for the Community legislator to adopt measures deriving from 
this case-1aw ; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 79/1 if/EEC shall be amended as fellows: 
1. The following shall be added to Article 3(1): 
"2a. the <tuantity of certain Ingredients or categories of ingredients;" 
2. Article 5(1) shall be replaced by the following: 
1. The name under which a product is sold is 
(a) the name provided for in the laws, regulations or 
administrative provisions applicable to it; 
(b) failing that, one and/or another of the following names: 
- the name customary in the Member State where the product is 
either manufactured or sold to the final consumer or mass 
caterers. 
4 Judgement of 9 December 1981 in Case 193/80 [1981] 3019 
Judgement of 12 March 1987 In Case 178/84 [1987] 1262 
Judgement of 14 July 1988 In Case 90/86 [1988] 

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- a description of the foodstuff and, if necessary, of its use 
which is clear enough to let the purchaser know its exact 
nature and to distinguish It from other products with which 
it could be confused. 
The name chosen in accordance with this point must not misleadthe 
purchaser. 
3. Article 6 2c) shall be replaced by the following: 
H(c) products consisting of a single ingredient 
where the name under which the product is sold and the ingredient 
are the same or 
where the name under which the product is sold enables the nature 
of the ingredient to be clearly identified." 
4. Article 6(3) shall be replaced by the following: 
"3. The rules for labelling the ingredients of drinks containing more 
than 1.2% alcohol by volume shall be determined 
(a) in the case of : 
- wines5 including sparkling wines,6 liqueur wines and 
semi-sparkIing wines offered for sale to the consumer; 
- partially fermented grape must;6 
- spirituous beverages;7 
- aromatized wines8 
by the specific Community provisions applicable to them." 
5 Council Regulation No 2392/89, OJ L 149, 14.6.91, p. 1. 
6 Council Regulation No 3309/85, OJ L 320, 29.11.85, p. 9. 
7 Council Regulation No 1576/89, OJ L 160, 12.6.89, p. 1. 
8 Council Regulation No 1601/91, OJ L 149, 14.6.91, p. 1. 
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(b) In the case of other products, in accordance with the procedure 
provided for in Article 17. 
For all these products, the list of ingredients shall be 
preceded by the following: "prepared with". 
5. Article 7 shall be replaced by the following: 
"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 
with this Article. 
2. This indication shall be compulsory where the ingredient or category of 
ingredients concerned: 
(a) appears in the name under which the foodstuff is sold or is derived 
implicitly therefrom; 
(b) Is emphasized on the labelling; 
(c) is essential to characterize a foodstuff and to distinguish it from 
products with which it might be confused. 
3. Points (a) and (b) of paragraph 2 shall not apply 
(a) to an Ingredient: 
- which itself alone constitutes a foodstuff and Is sold as such; 
- the drained net weight of which is Indicated in accordance with 
Article 8(4); 
- which is used in small quantities only as a flavouring. 
(b) in the cases referred to In the fourth and fifth indents of 
Article 6(5)(a); 
(c) \n all other cases determined in accordance with the procedure laid 
down in Article 17. 
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4. The rules governing the application of point 2(c) shall be adopted in 
accordance with the procedure laid down in Article 17. 
5. The quantity indicated is that used in the manufacture of the product 
expressed as a percentage of a given quantity of the finished product 
in the units of measurement laid down in the first paragraph of 
Article 8(1). 
6. In accordance with the procedure laid down In Article 17, it may be 
decided, for certain foodstuffs, to make it compulsory to indicate the 
quantities of certain constituents contained therein. 
7. Community provisions or, where there are none, national provisions may 
stipulate for certain foodstuffs that quantities of certain ingredients 
must be indicated in absolute terms or as percentages and that, where 
appropriate, mention should be made of any alteration in the quantities 
of these ingredients. 
The procedure laid down in Article 16 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 17. 
8. This Article shall apply without prejudice to Community rules on 
nutrition labelling for foodstuffs." 
Article 2 
1. The Member States shall, where appropriate, amend their laws, 
regulations and administrative provisions in order to: 
allow trade in products conforming to this Directive no later than 
30 June 1993; 
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prohibit trade in products not conforming to this Directive no 
later than 30 June 1994. However, trade in products not conforming 
to this Directive and labelled before that date is permitted until 
stocks are fully depleted. 
They shall forthwith inform the Commission thereof. 
When the Member States adopt these provisions, the latter shall contain 
a reference to this Directive or shall be accompanied by such reference 
on the occasion of their official publication. The methods of making 
such a reference shaI I be laid down by the Member States. 
Article 3 
This Directive Is addressed to the Member States 
Done at Brussels, 
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Impact statement 
Impact of the proposal on businesses and on small and medium-sized 
enterprises in particular 
Title of the proposal: 
Draft proposal for a Council directive amending Directive 79/112/EEC on the 
approximation of the laws of the Member States relating to the labelling, 
presentation and advertising of foodstuffs 
Reference of document: 
Il1/9081 Rev. 3 
The proposa I : 
1. Bearing in mind the principle of subsidiarity, why is Community 
legislation In this field necessary, and what are its main aims? 
The labelling of foodstuffs is already the subject of Community 
harmonization (Directive 79/112/EEC). The draft proposal is designed to 
further improve consumer information and promote the free movement of 
goods. This Is to be achieved mainly by Introducing the principle of 
indicating the quantities of certain ingredients. In addition, the 
proposal alms to make it mandatory to give a list of ingredients of 
alcoholic beverages and to specify the cases In which products composed of 
a single ingredient do not need to display a list of Ingredients. 
Impact on businesses: 
2. Who will be affected by the proposal? 
- which sectors of business? 
- what size of businesses (proportion of SMEs)? 
- are these businesses located in specific areas of the Community? 
The rules governing the labelling of foodstuffs apply to all 
agri-foodstuffs businesses, whether multinationals or SMEs. The businesses 
are spread throughout the Community. However, one part of the draft 
concerns producers of alcoholic beverages more particularly. 
3. What measures will businesses have to take to comply with the 
proposal? 
Businesses will have to modify the labelling of their products to include 
the additional information required by the new directive. 
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4. What are the likely economic effects of the proposal: 
- on employment? 
- on investment and the creation of new businesses? 
- on the competitiveness of businesses? 
One of the principles underlying the adoption of Community legislation on 
labelling Is that of fair trading. The adoption of these new rules should 
further boost trade within the Community, which Is likely to have a 
favourable impact on the competitiveness of businesses. 
5. Does the proposal include measures to take account of the specific 
situation of small and medium-sized enterprises (less stringent or 
different requirements, etc.)? 
No, since accurate consumer information is necessary for products 
manufactured by both large businesses and SMEs. 
Consultation 
6. List of organisations which have been consulted on the proposal and 
have broadly defined their position 
The Advisory Committee on Foodstuffs, which includes representatives from 
trade, industry, agriculture, consumers' organizations and trade unions, 
was consulted on the draft. Its position was favourable by and large, 
although representatives of the wine industry and agriculture expressed 
reservations concerning the inclusion of a list of ingredients for wine and 
other alcoholic beverages. 

ISSN 0254-1475 
COM(91)536 final 
DOCUMENTS 
EN 10 
Catalogue number : CB-CO-91-589-EN-C 
ISBN 92-77-78845-3 
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