COMMISSION OF THE EUROPEAN COMVIUNITIES 
fil • -if I» COM(94) 24 final-COD 380 
Brussels. 12.04.1994 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amend i ng 
™fi Directive 79/112/EEC on the approximation of the 
laws of the Member States relating to 
the labelling and presentation of foodstuffs 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
Explanatory memorandum 
In response to Parliament's opinion of 27 October 19931 on the 
Commission 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 foodstuffs2 
and in accordance with Article 189a(2) of the EC Treaty, the Commission 
has decided to amend its proposal. 
The Commission has approved the amendments relating to: 
* The reference to the EEC Regulations on designations of origin and 
certificates of specific character. This will help clarify the 
text. (Amendment 3) 
* The extension of the definition of small packaging which appears in 
Article 11(4) of Directive 79/112/EEC. This is justified by the 
increasing amount of information which must appear on labelling. 
(Amendment 14) 
* The drafting of a report to Parliament on the exemptions which 
might be adopted for certain foodstuffs within the framework of 
vertical directives. Parliament is entitled to such information. 
(Amendment 18) 
The Commission has given partial approval to the amendments relating 
to: 
* The criteria for applying the principle of indicating quantities of 
ingredients. This will clarify the concept of emphasis. The two 
other proposed amendments would only make the text more confusing. 
As for the 5% threshold, this would result in a surfeit of 
information, which would confuse consumers. (Amendment 13) 
1 
2 OJ C 122, 14 May 1992, P. 12 
* The deadline for banning products not conforming to the Directive. 
The period of 24 months proposed by Parliament corresponds to the 
deadline which the Commission meant to indicate by the 30 June 1994 
deadline. However, there is no need to grant an additional period 
for wines and other alcoholic beverages, given that there is a 
clause on the disposal of stocks. (Amendment 19) 
The Commission has rejected the amendments relating to: 
* The addition of a definition of foodstuffs, though It does 
recognize the value of such a definition (Amendment ). The 
Commission intends to open a discussion of this subject In the 
Green Paper on foodstuffs legislation, which should be coming out 
in the first half of 1994. From a formal point of view, there is 
no point In incorporating this Idea into the text of Directive 
79/112/EEC. Hence the rejection of Amendment 26. 
* The substitution of the words "the principal" for the word 
"certain" In Article 1(1) of the proposal. This expression is 
ambiguous, encompassing both quality and quantity. (Amendment 2) 
* The obligation to have the name under which the food is sold appear 
in Immediate proximity to the trade or fancy name. Such a 
provision smacks of dirigisme. Besides, Article 11(2) of Directive 
79/112/EEC already requires that compulsory particulars be clearly 
visible. (Amendment 22) 
* The Imposition of a specific particular where a foodstuff or one of 
Its Ingredients has been produced by genetic modification. This 
issue is already being covered in the discussions on the Novel Food 
proposal. (Amendments 5, 9, 11 and 12) 
* The removal of the second indent of Article 1(3). This restriction 
produces no significant increase in the amount of information given 
to the consumer. (Amendment 6) 
The change in terminology concerning the provision on carry over. 
This would make the text more ambiguous and difficult to implement. 
(Amendment 8) 
The obligatory indication of the origin of the starches listed in 
Annex I to the Directive. Changes to this Annex fall within the 
Commission's field of competence. (Amendment 10) 
The imposition of the official language of the Member State where 
the product Is sold. With its current wording, this amendment goes 
beyond what is provided for by the Treaty. (Amendment 15). 
However, In response to the concerns expressed by Parliament and 
the Member States, the Commission considers that it would be 
expedient to add a provision to Article 14 stipulating that Member 
States may define the concept of easily understood language(s) in 
accordance with the rules of the Treaty. 
The change to Annex III to Directive 79/112/EEC in respect of the 
indication of flavourings In the list of ingredients. First of 
all, the Council Is not competent to modify this Annex, and 
secondly, consumers delivered a favourable opinion when this 
provision was adopted. (Amendment 16) 
Amended proposa I for a European Par 11ament and CouncII DIrectIve 
amending Directive 79/112/EEC on the approximation of the laws of the 
Member States relating to the labelling and presentation of foodstuffs 
ORIGINAL TEXT AMENDED TEXT 
CITATIONS 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, THE EUROPEAN PARLIAMENT AND THE 
COUNCIL OF THE EUROPEAN UNION, 
Having regard to the proposal from Having regard to the proposal from 
the Commission1 In cooperation the Commission,3 
with the European Parliament,4 
HAS ADOPTED ADOPTED THIS DIRECTIVE: HAVE ADOPTED THIS DIRECTIVE: 
II. Article 1(2) 
Article 5(1)(b), first indent (Directive 79/112/EEC) 
the name customary In the Member 
State where the product is either 
manufactured or sold to the final 
consumer or mass caterers; the name customary In the Member 
State where the product is either 
manufactured or sold to the final 
consumer or mass caterers, 
without prejudice to the 
provisions of the Regulations 
(EEC) on the protection of 
geographical Indications and 
Resignations of origin for 
agricultural products and 
foodstuffs (2081/92)1 and on 
certificates of specific 
character for agricultural 
products and foodstuffs 
(2082/92)2 adoDted bv the 
CounclI on 13 July 1992: 
1 OJ L 208, 24.7.1992, P. 1. 
2 OJ L 208, 24.7.1992, p. 1. 
Ml. Article 1(5) 
Article 7(2)(b) (Directive 79/112/EEC) 
(b) j_s emphasized on the labelling; (b) ls_ emphasized on the labelling 
in words or pictures ; 
IV. Article 1(5a) 
5a. Article 11(4), as last amended 
by Directive 91/72/EEC, is 
hereby replaced by the 
fol lowing: 
"4. In the case of glass 
bottles intended for re-use 
which are indelibly marked and 
which therefore bear no label, 
ring or collar and packaging or 
containers the largest surface 
of which has an area of less 
than 25cm2 only the particulars 
listed in Article 3(1)(1), (3), 
(4) and (6) need be given. 
In this case, paragraph 3(a) 
shalI not apply." 
Article 1(5b) 
- 5b The following Article 13(a) is 
added: 
Member States shall ensure that 
the sale of foodstuffs within 
their own territories is 
prohibited if the particulars 
provided in Article 3 and 
Article 4(2) do not appear in a 
language easily understood by 
purchasers, unless other measures 
have been taken to ensure that 
the purchaser is informed. This 
provision shall not prevent such 
particulars from being indicated 
in various languages. 
The language(s) in which these 
particulars are labelled may be 
determined through Member States' 
legislation in accordance with 
the Treaty, on condition that 
this requirement does not exclude 
the use of other languages or 
recourse to other measures to 
inform the purchaser. 
- Paragraph 2 of Article 14 is 
deleted. 
Art icle 2 (new) 
Within three years of the entry 
into force of this Directive, the 
Commission shall report to the 
European Parliament on any 
anomalies and exemptions from this 
Directive contained in the 
labelling provisions in vertical 
directives and make appropriate 
recommendat ions. 
VI Art icle 3 (ex Art icle 2) 
- allow trade in products 
conforming to this Directive no 
later than 30 June 1993; allow trade in products 
conforming to this Directive no 
later than 30 June 1995; 
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. - prohibit trade in products not 
conforming to this Directive no 
later than 30 June 1996. 
However, trade in products not 
conforming to this Directive and 
labelled before that date is 
permitted until stocks are fully 
depleted. 
ISSN 0254-1475 
COM(94) 24 final 
DOCUMENTS 
EN 10 06 
Catalogue number : CB-CO-94-029-EN-C 
ISBN 92-77-64695-0 
Office for Official Publications of the European Communities 
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