2.12.  76 Official  Journal  of the  European  Communities No C 285/3 
II 
(Preparatory  Acts) 
ECONOMIC  AND  SOCIAL  COMMITTEE 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws  of the 
Member  States  relating  to the  labelling,  presentation  and  advertising  of foodstuffs  for 
sale to the ultimate  consumer 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of  the 
European  Communities  No  C 91 of 22 April  1976,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 8 April  1976,  the  Council  referred  the  abovementioned  proposal  to the  Economic 
and Social  Committee  in accordance  with  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
141st  plenary  session,  held  in Brussels  on 29 and  30 September  1976. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  Article  100  of  the  Treaty 
establishing  the European  Economic  Community, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 8 April  1976  for  an 
opinion, 
Having  regard  to the decision  taken  by its Chairman 
on 9 April  1976,  instructing  the Section  for Protection 
of the  Environment,  Public  Health  and  Consumer 
Affairs  to draw  up an opinion  and  a report  on the 
matter, 
Having  regard  to the opinion  adopted  by the  Section 
for Protection  of the Environment,  Public  Health  and Consumer  Affairs  at its meeting  on 16  September 
1976, 
Having  regard  to  the  report  submitted  by  the 
Rapporteur,  Mr De Grave, 
Having  regard  to the  discussions  at its 141st  plenary 
session  of 29 and  30 September  1976  (meeting  of 29 
September  1976), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously,  with  1 abstention: 
The Committee  approves  the proposal,  subject  to the 
comments  set out  below. 
No C 285/4 Official  Journal  of the European  Communities 2. 12. 76 
1. General  comments 
1.1. The  Committee  notes  that  the food  labelling 
requirements  which  the proposed  Directive  is seeking 
to introduce  into  Community  law,  and  therefore  into 
national  legislation,  constitute  an  important  step 
forward  in the field  of consumer  information  and  as 
regards  improving  the terms  of competition  between 
producers  and  distributors.  The  Committee  would 
like this  fact  to be brought  out more  clearly  in one  of 
the recitals  of the proposal. 
1.2. In  the Committee's  view,  the purchaser  must 
be afforded  more  effective  freedom  of choice  in the 
present-day  market,  which  is characterized  by an 
abundance  of goods  and  by increased  pressure  on the 
consumer  from  advertising  and  other  sales-promotion 
techniques.  This  can be achieved  by product  labelling 
that provides  the  objective  data  people  need  to be 
able to make  valid  comparisons  and  informed 
decisions. 
1.3. Before  adopting  its proposal,  the Commission 
met the Advisory  Committee  on Foodstuffs  on 3 and 
4 July  1975  and  3 and  4 September  1975  in order  to 
ascertain  the  views  of the  various  parties  involved 
(agriculture,  trade  and  industry,  workers  and 
consumers).  The  proposal,  to a very  large  extent, 
takes  into  account  the  opinion  of the  Advisory 
Committee. 
1.4. The  Committee  welcomes  the  setting  up of 
this Advisory  Committee,  which  by involving  the 
different  parties  concerned  at an earlier  stage  — and 
hence  effectively  — has  facilitated  its own  work,  thus 
proving  the usefulness  of such  a procedure. 
1.5. The  Committee  notes  that  the  proposed 
Directive  is to apply  both  to pre-packaged  products 
and to products  sold  loose  to the ultimate  consumer, 
but is not to apply  to intermediate  products. 
1.6. While  the Committee  approves  this  approach, 
it would  like  measures  to be  taken  at either 
Community  or  national  level  to  enable  food 
manufacturers  and  processors  to  ascertain  the 
composition  of the  intermediate  products  they  buy, 
so that  they  can comply  with  the Directive. 
1.7. The  Committee  deplores  the  delay  in 
harmonizing  food  law  in  the  Community.  In 
particular,  the  adoption  of the  vertical  directives specified  in the programme  for eliminating  technical 
barriers  to trade  should  be speeded  up.  This  would 
make  the Directive  on labelling  more  effective. 
1.8. The  Committee  notes  that  the  proposal  does 
not prescribe  that  nutritional  or food  value  should  be 
indicated  on  the  labelling  (this  is particularly 
important  in the  case  of baby  foods).  This  matter 
could  be dealt  with  in a later  instrument,  after  a full 
study  has been  made. 
1.9. The  Committee  observes  that  in certain  cases 
there  could  be difficulties  in applying  the Directive  to 
small  packages.  "Where  the specific  requirements  of 
Article  10 (3) mean  that  the  Directive  cannot  be 
applied  correctly,  the  Committee  would  favour  a 
more  flexible  approach  in accordance  with  a uniform 
Community  procedure  but  without  affecting  the 
obligation  to supply  consumers  with  the information 
specified  in the Directive.  (This  comment  applies  to 
several  Articles  of the Directive). 
The Committee  suggests  that  the Commission  should 
forward  comments  and  proposals  submitted  to it on 
this matter  to the Advisory  Committee  on Foodstuffs. 
1.10.  The  Committee  considers  that  steps  should 
be taken  to ensure  that  the  provisions  on certain 
aspects  of advertising  do not  overlap  with  the future 
Directive  on advertising.  The  provisions  should  keep 
within  the scope  of the Directive. 
1.11.  The  Committee  would  alert  the Commission 
and the  Council  to a number  of inconsistencies 
between  the  various  language  versions.  The  most 
serious  inconsistencies  have  been  listed  in the report 
drawn  up  by  the  Section  for  Protection  of the 
Environment,  Public  Health  and  Consumer  Affairs. 
2. Specific  comments 
2.1. Article  1(1) 
2.1.1.  The  Committee  deplores  the  failure  to 
define  the  term  'ultimate  consumer',  which  has 
different  meanings  in different  Member  States.  This 
situation  may  cause  difficulties  in trade  in those 
pre-packages  which,  by virtue  of their  size,  are 
generally  intended  for  large  consumers  such  as 
schools,  hospitals,  prisons  etc.  This  aspect  could  be 
harmonized  at a later  date. 
2.1.2.  The  Committee  considers  that  demonstra-
tion products  and  samples  should  be  expressly 
2. 12. 76 Official  Journal  of the  European  Communities No C 285/5 
covered  by  the  Directive.  On  the  other  hand, 
products  distributed  by  specialized  bodies  for 
consumer  testing  could  be exempt,  provided  they  did 
not bear  the manufacturer's  brand  name  or any  other 
particulars,  apart  from  a number  or an identification 
mark  and  the  name  of the  responsible  party  (in this 
case the specialized  body  referred  to above). 
2.1.3.  The  Committee  would  like  the  end  of this 
paragraph  to be worded  as follows: 
'. . . and certain  aspects  relating  to  the 
presentation  and  to the advertising  thereof.' 
2.2. Article  1 (2) (a) 
2.2.1.  The  Committee  would  like  the definition  of 
'labelling'  to  be  extended  to  cover  words  and 
indications  relating  to lids,  caps,  rings  and  other 
closure  systems. 
2.3. Article  1 (2) (b) 
2.3.1.  The  Committee  would  point  out  that  the 
present  definition  of pre-packaged  foodstuffs  covers 
such  items  as bundles  of vegetables,  which  could  be 
more  readily  considered  as unpackaged  products. 
2.4. Article  2 (1) 
2.4.1.  The  Committee  would  like  the beginning  of 
this Article  to be reworded  as follows: 
'The  labelling  must  facilitate  identification  of the 
product.  The  labelling  including  the  brand  name 
and the  designation  of the product,  must  not: 
(a) mislead  or  be  capable  of misleading  the 
purchaser.' 
2.4.2.  The  Committee  notes  the  Commission 
representative's  statement  that  the  name,  or part  of 
the name,  of  a foodstuff  (e.g.,  butter,  milk, 
chocolate,  fruit)  must  not  be used  in the  designation 
or brand  name  of another  foodstuff,  as this  might 
mislead  the  consumer  into  believing  that  the  first 
foodstuff  was  contained  in the second. 
2.4.3.  The  Committee  wonders  on  whom  the 
burden  of proof  is to lie as regards  the  effects  and 
properties  attributed  to foodstuffs.  As  it stands, Article  2 (1)  (a)  (ii)  is open  to widely  different 
interpretations. 
2.4.4.  Some  of  the  renderings  of  the  French 
'realite'  and  'similaires'  (Article  2 (1)  (a)  (ii)  and 
Article  2 (1) (a) (iii)),  particularly  the English  version, 
should  be amended.  Article  2 (1) (a) (iii)  does  not 
refer  to different  products  that  can  form  substitutes 
for and  compete  with  the product  in question,  but  to 
products  which  are really  alike. 
2.4.5.  The  Committee  would  point  out  in this 
connection  that  appropriate  provisions  should  be 
drafted  in respect  of the  presentation  of mineral 
waters. 
2.5. Article  2 (2) 
2.5.1.  The  Committee  notes  that  in Article  2 (2) 
the Commission  proposes  drawing  up a list of terms 
constituting  claims  that  should  be  prohibited  or 
whose  use  should  be restricted.  Unless  precautions 
are taken,  this  may  lead  to the  implicit  authorization 
of claims  that  are not  included  in the list but  that  are 
contrary  to the spirit  of the Directive. 
2.5.2.  The  Committee  calls  upon  the  Commission 
to take  all the  precautions  necessary  to prevent  the 
use of terms  that  are  very  close  to those  included  in 
the list.  This  list  should,  therefore,  be referred  to as 
an 'indicative  list'. 
2.5.3.  The  Committee  also  asks  that  the  draft  be 
referred  to the  Advisory  Committee  on Foodstuffs 
and that  if possible,  the  measures  provided  for  in 
Article  2 (2)  be adopted  at the  same  time  as the 
Directive. 
2.6. Article  2 (3) 
2.6.1.  The  Committee  agrees  with  the Commission 
that the  prohibitions  referred  to in Article  2 (1) and 
(2) should  apply  to the setting  in which  foodstuffs  are 
displayed.  The  Committee  asks,  however,  that  Article 
2 (3) be reworded  so as to make  it clear  that  it applies 
to cases  where  this  setting  could  mislead  the 
consumer. 
2.6.2.  The  Committee  wonders  whether  Article  2 
(1) (a) (iii)  and  Article  2 (3) (b) are adequate  to cover 
the case  of foodstuffs  which  are  advertised  as being 
'available  from  chemists  only'.  In this  case  (as in the 
case of other  non-medicinal  products  which  are 
No C 285/6 Official  Journal  of the European  Communities 2.12.  76 
'available  from  chemists  only')  the customer  may  be 
misled  by  the  presentation.  The  Committee, 
therefore,  requests  the Commission  to expand  these 
provisions  where  appropriate. 
2.7. Article  3 
2.7.1.  The  Committee  considers  that  an 
accountable  party  within  the  Community  must  be 
specified  on the labelling.  The  Committee,  therefore, 
asks that  Article  3 (6) should  be reworded  to read: 
'6. The  name  or  business  name  of  the 
manufacturer,  packer  or seller,  together  with  his 
address,  which  must  be within  the Community.' 
2.7.2.  The  word  'exceptional'  in Article  3 (7) 
seems  out  of place  in a legal  instrument.  While  the 
Committee  agrees  with  the Commission's  reasons  for 
using  this  term  in the  proposed  Directive,  it would 
like this  paragraph  to be re-drafted,  but  without 
changing  the basic  content. 
2.7.3.  On  the  different  versions  of Article  3 (7), 
reference  is made  either  to the true  origin  or to the 
true nature  of the foodstuffs.  Since  both  these  terms 
may be applicable  in this  particular  case,  the  text 
should  be worded  as follows: 
'... give  rise  to confusion  as to the  true  origin 
and/or  nature  of the foodstuff'. 
2.8. Article  4 
2.8.1.  The  Committee  approves  this  Article.  It 
notes  that  it is difficult,  in a legal  instrument,  to 
ensure  that  derogations  will  be granted  only  in 
exceptional  and  really  justified  cases  and  without 
impairing  consumer  information. 
2.8.2.  When  the  Commission  receives  a request 
from  a Member  State  for a waiver  under  this  Article, 
the Committee  would  like  it to seek  the opinions  of 
the interest  groups  concerned,  or at least  to inform 
them  that  a request  for a waiver  has been  made.  The 
Advisory  Committee  on Foodstuffs  could  be the most 
appropriate  body  for this  purpose. 
2.9. Article  S (3) 
2.9.1.  The  Committee  asks  that  the  following  be 
added  to the adjectives  in brackets  describing  various 
processes: 
'(... hydrogenated)'. 2.10.  Article  6 (1) 
2.10.1.  The  word  'Annex'  should  be replaced  by 
'Annexes'. 
2.10.2.  The  Committee  would  like  it to  be 
expressly  stated  in the proposal  that,  in the case  of 
foodstuffs  having  only  one  ingredient,  only  the 
designation  of the foodstuff  need  be indicated. 
2.10.3.  In  the case  of foodstuffs  consisting  of two 
ingredients  (e.g.,  'tuna  in olive  oil')  the obligation  to 
list the ingredients  could  be met  either  as set out  in 
the proposal,  or by including,  below  the designation 
of the  foodstuff,  the  phrase  'contains  no  other 
ingredients  or additives'. 
2.11.  Article  6 (2) (b) 
2.11.1.  The  Committee  would  refer  here  to its 
general  comments;  it is not  always  easy  for certain 
food  manufacturers  or processors  to ascertain  the 
composition  of the  ingredients  they  use,  and  in 
particular  the composition  of some  of the additives  in 
those  ingredients. 
2.12.  Article  6 (2) (c) 
2.12.1.  The  Committee  is pleased  to see  that  the 
Commission  is taking  into  consideration  the problem 
of carry-over  (the  accidental  presence  of pesticide 
residues). 
2.12.2.  The  proposal  should,  however,  give  a more 
precise  definition.  The  Committee  proposes  the 
following  wording: 
— 'pesticide  residues,  with  the exception  of products 
for treating  the  surface  of fruit  and  vegetables 
after  they  have  been  harvested'. 
2.12.3.  The  Committee  also  asks  the Commission 
to propose  a Community  list of the abovementioned 
products:  only  certain  of these  products  are already 
contained  in the Community  lists  of food  additives. 
2.12.4.  The  Committee  notes  that  modern 
technology  now  enables  the composition  or colour  of 
certain  foodstuffs  (butter,  eggs,  . . .) to be modified 
through  the  incorporation  of additives,  not  in the 
actual  foodstuff,  but in the animal  feed.  This  problem 
cannot  be dealt  with  formally  or legally  by the 
proposed  Directive.  The  Committee  feels,  however, 
2.12.76 Official  Journal  of the European  Communities No C 285/7 
that the  rules  concerning  animal  feed  and  the 
products  ingested  by  animals  cannot  overlook 
repercussions  on human  foodstuffs. 
2.13.  Article  6 (3) (a) 
2.13.1.  The  Committee  would  point  out  that  if 
ingredients  are to be listed  in order  of quantity  at the 
time  they  are used  in manufacture,  checking  can  only 
be carried  out  at the place  of manufacture. 
2.13.2.  The  Committee  would  ask  the Commission 
whether,  and  to what  extent,  it thinks  it advisable  to 
propose  alignment  or approximation  of checking 
methods. 
2.14.  Article  6 (3) (b) 
2.14.1.  The  Committee  would  like  the  last 
sentence  in this  paragraph  to be reworded  as follows: 
'The  provisions  applicable  to certain  specific 
foodstuffs  may  also  provide  for  other  categories, 
on condition  that  this  is not  detrimental  to good 
consumer  information.' 
2.15.  Article  6 (5) (b) 
2.15.1.  The  Committee  considers  that  the  last 
indent  should  be worded  as follows: 
'— fermented  drinks  or spirits'. 
2.16.  Article  7(1) 
2.16.1.  This  paragraph  should  be amended  to read 
as follows: 
'Where  labelling  or presentation  draws  particular 
attention  to:  (a)  the  inclusion  in a foodstuff  of 
one or more  ingredients  which  are essential  to the 
specific  properties  of that  foodstuff,  or (b)  the 
low content  of such  an ingredient  or ingredients, 
the minimum  or maximum  percentage  used  in the 
manufacture  of the foodstuff  shall  be stated.' 
2.17.  Article  7 (2) (a) 
2.17.1.  The  Committee  would  refer  to  the 
comments  it made  on Article  2 (1) (use  of the  name 
of a foodstuff  in the  designation  or brand  name  of a 
compound  foodstuff).  It asks  that  this  point  be 
supplemented  as follows: 
'— reserved  designations,  subject  to compliance 
with  the provisions  of Article  2 (1)'. 2.18.  Article  7 (2) (b) 
2.18.1.  The  list  of 'aromatizing  ingredients'  should 
include  herbs. 
2.19.  Article  8(1) 
2.19.1.  In  the  Committee's  view,  the  labelling  of 
certain  concentrated  or dehydrated  products  should 
mention  both  the  net  quantity  contained  in the 
pre-package  and  the  quantity  obtained  after 
preparation  or reconstitution  of the product. 
2.20.  Article  8 (3) 
2.20.1.  The  Committee  notes  that  this  provision 
concerning  foodstuffs  normally  sold  singly  may  be 
the subject  of later  alignment. 
2.21.  Article  9 
2.21.1.  A  number  of factors  have  a bearing  on 
whether  or not  food  will  keep.  These  factors  are:  the 
composition  of the  foodstuff,  the  temperature  at 
which  it is kept,  the  length  of time  for  which  it is 
stored,  whether  or not  it has  been  treated  in order  to 
reduce  or suspend  bacteriological  activity,  and  the 
type  of packaging  used.  In certain  cases,  other 
phenomena  play  a role;  loss  of aroma  (coffee), 
reactions  between  food  and  containers  (acidic  food 
and tins),  reaction  with  oxygen  in the air (oxidation). 
There  are,  however,  a number  of foodstuffs  which 
are almost  perfectly  stable  (alcohol). 
2.21.2.  All  reputable  manufacturers  are  perfectly 
acquainted  with  their  products.  They  can  forecast 
how  foodstuffs  will  keep  since  they  decide  on the 
quality  of  the  basic  ingredients  used  and  the 
manufacturing  processes. 
2.21.3.  Once  food  leaves  the factory,  however,  the 
manufacturer  has  no further  say  in the  matter.  How 
long  foodstuffs  then  retain  their  specific  properties 
will depend  mainly  upon  the  conditions  under  which 
they  are  stored  and  distributed.  It is,  therefore, 
essential  that  the  manufacturer  should  state  on the 
packaging  the  measures  which  need  to be taken  to 
preserve  the foodstuffs. 
2.21.4.  Where  the  conditions  under  which  the 
foodstuff  should  be  stored  and  distributed  are 
specified,  the  manufacturer  is in a position  to 
determine,  within  an adequate  safety  margin,  how 
long  the  foodstuff  concerned  will  remain  completely 
fit for human  consumption  and  retain  all its essential 
qualities  (freshness,  visual  attractiveness,  flavour, 
bacteriological  quality,  etc.). 
No C 285/8 Official  Journal  of the  European  Communities 2.12.  76 
2.21.5.  Bearing  in mind  the  different  situations 
existing,  the Committee: 
(a) endorses  the principle  of date-making; 
(b) considers  that  the  proposed  Directive  should 
stipulate  that  foodstuffs  must  be marked  with  a 
date  of 'minimum  durability'; 
(c) holds  the  view  that  there  could  be many  cases 
where  it might  be  necessary  to apply  other 
procedures  in line  with  Article  4, viz.: 
— the  indication  of a different  date, 
— the  indication  of two  dates  (e.g.,  the  date  of 
manufacture  and  'durability  date'), 
— dispensing  with  date  marking; 
(d) calls  upon  the Commission  to gather  together  the 
comments  and  requests  it receives  concerning  this 
point,  and  to draw  up,  for  submission  to the 
Advisory  Committee  on  Foodstuffs  and 
subsequently  to  the  Economic  and  Social 
Committee,  proposals  calculated  to make  clearer 
all the  relevant  facts  concerning  prepackaged 
foodstuffs  and  the  need  for  better  consumer 
information. 
2.21.6.  The  Committee  assumes  that  the  parties 
affected  by the indication  of a second  date,  a different 
date,  or the  dispensing  with  date-marking  will  not 
fail to make  their  views  known  to the Commission  as 
soon  as possible. 
2.22.  Article  10 (2) 
2.22.1.  The  final  sentence  in this  paragraph  should 
be reworded  to read  as follows: 
'Furthermore  they  shall  be presented  separately 
from  any  particulars  which  are  not  provided  for 
by this  Directive  or are  not  supplied  in virtue  of 
Article  4 (2).' 
2.22.2.  The  Committee  considers  that  the 
particulars  referred  to in this  paragraph  must  be 
separated  from  any  advertising  material.  This  point  is 
not expressed  very  clearly  in the  proposal.  It would 
be equally  inappropriate  for  these  particulars  to be 
incorporated  in material  of a non-advertising  nature, 
such  as instructions  for use,  recipes,  tips,  etc. 
2.23.  Article  10 (4) 
2.23.1.  The  Committee  notes  that  the  extension 
referred  to in this  paragraph  could  be laid  down  in 
vertical  Directives  or, in the  absence  of harmonized 
provisions,  by the individual  Member  States. 2.24.  Article  11 
2.24.1.  In  the  Committee's  view,  it would  be 
preferable  if detailed  rules  on  non-prepackaged 
foodstuffs  were  also  laid  down  in a Community 
Directive,  so as to ensure  uniformity  in the  different 
Member  States.  These  rules  could  be adopted  at a 
later  date,  so as not  to hold  up  adoption  of the 
present  proposal. 
2.24.2.  At  all events,  any  national  provisions  based 
on Article  11 should  not  be adopted  until  after  the 
Commission  has  been  notified. 
2.24.3.  The  Committee  notes  that  the  present 
proposal  does  not  affect  national  rules  which  make  it 
compulsory  to  provide  certain  information  on 
restaurant  menus. 
2.25.  Article  12 
2.25.1.  The  Committee  does  not  see  why  fancy 
packaging  should  be covered  by more  flexible  rules 
than  other  products.  It considers  that  this  sort  of 
packaging  should  also  provide  the  information 
required  under  the  present  proposal.  Whilst  not 
wishing  necessarily  to  rule  out  any  specific 
arrangement  or exception  that  might  be justified,  the 
Committee  feels  that  at the very  least  the terms  'fancy 
packaging'  and  'souvenirs'  are  much  too  vague.  The 
Committee  is worried  about  a possible  increase  in the 
number  of 'souvenirs'  sold  under  rules  less  strict  than 
those  applicable  to products  sold  through  normal 
commercial  channels.  This  could  lead  to  the 
development  of a parallel  market  supplying  food  of 
lower  quality.  There  would  be  no  obligation  to 
indicate  this  lo.wer  quality  and  trade  in 'normal' 
products  would  suffer  as a result. 
2.26.  Article  18 
2.26.1.  The  word  'essential'  in Article  18  (2) 
should  be deleted. 
2.27.  Annex  1 
(List  of ingredients  which  may  be designated  by the 
name  of the category,  rather  than  the specific  name). 
2.27.1.  There  are  considerable  differences  in price 
and quality  among  'oils'  and  'fats'.  It is, therefore, 
totally  inadequate  merely  to  use  such  general 
designations,  perhaps  with  an indication  of whether 
2.12.  76 Official  Journal  of the  European  Communities No C 285/9 
they  are of animal  or vegetable  origin  and  whether  or 
not they  have  been  hydrogenated. 
2.27.2.  The  difference  between  two  types  of oil or 
fat is of at least  the same  importance  to consumers  as 
the difference  between  starch  and  modified  starch, 
which  does  have  to be indicated. 
2.27.3.  The  Committee  notes,  however,  that  a 
Directive  on  oils  and  fats  is in the  course  of 
preparation.  It therefore  considers  that  the  present 
proposal  can  be  applied  as such  at least  on  a 
temporary  basis,  until  different  rules  come  into  force, 
to the  products  that  will  be covered  by the  Directive 
on oils  and  fats. 
2.27.4.  In  the  case  of those  foodstuffs  which  will 
not be covered  by the draft  'vertical'  proposal  on oils 
and fats  (e.g.,  deep-frozen  pre-cooked  potato  chips, 
mayonnaise  and  salad  dressings)  the nature  of the  oil 
or fat should  be indicated.  The  first  indent  of Annex 
I should  be amended  accordingly. 
2.27.5.  This  information  would  be  valuable  to 
persons  who  are  confining  their  fat intake  to certain 
types  of  fats,  either  on  doctor's  orders  or  in 
accordance  with  the  advice  on diet  so freely  offered 
by certain  manufacturers  of fats. 
2.27.6.  The  Committee  considers  that,  in cases 
where  fish  or cheese  is the  main  ingredient  in a 
foodstuff  (e.g.,  cheese  fondue  preparations  or fish 
cakes)  it is essential  to indicate  the exact  name  of the 
cheese  or fish  concerned.  The  fourth  and  fifth  indents 
of Annex  I should  be amended  accordingly. 
2.27.7. 
added: The following  new  ninth  indent  should  be 
synthetic  flavourings 
reconstituting  a natural 
flavouring  and  artificial 
flavourings,  if  such 
flavourings  have  more 
than  three  ingredients artificial  . . . 
flavouring  or 
artificial 
flavouring'. 
2.27.8.  An  additional  recital  should  be inserted  to 
draw  attention  to the  lack  of a Community  list  of 
flavourings,  to the fact  that  foodstuffs  often  contain  a 
considerable  number  of ingredients,  and  to the  fact 
that the  present  proposal  could  be reviewed  after  the adoption  of a Community  Directive  laying  down  a 
'positive'  list of flavourings.  Such  lists  already  exist  in 
Italy  and  the  Federal  Republic  of Germany  (and  in 
draft  form  in the Netherlands). 
2.27.9.  At  all events,  the Committee  would  like  the 
Commission  to issue  the proposal  for  a Directive  on 
flavourings  as soon  as possible. 
2.28.  Annex  II 
(List  of ingredients  which  must  be designated  by the 
name  of the category  to which  they  belong). 
2.28.1.  The  Committee  would  point  out  that  no 
Community  definitions  as yet exist  for several  of the 
categories  listed  and  that  in these  cases  reference  will 
have  to be made  to national  rules  or, where  no such 
rules  exist,  to current  practice  or the  work  of the 
Codex  Alimentarius. 
2.28.2.  There  is a difference  between  natural 
colourings  and  their  synthetic  counterparts  with  the 
same  number.  The  latter  are liable  to contain  harmful 
impurities  (e.g.,  caramel  colouring  amonia  process), 
for which  the  Scientific  Committee  for  Food  has 
determined  a temporary  ADI).  The  Committee  would 
therefore  ask  the  Commission  to  consider  the 
advisability  of making  a distinction  between  natural 
and synthetic  colourings  or banning  the  use  of the 
term  'caramel'  in the case  of synthetic  products. 
2.28.3.  The  Committee  would  like  the  eleventh 
indent  of Annex  II to be reworded  as follows: 
'— flavourings  (other  than  those  referred  to in 
Annex  I)'. 
2.28.4.  The  following  indent  should  be added  at 
the end  of the list: 
'— propellant  gas'. 
Done  at Brussels,  29 September  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
No C 285/10 Official  Journal  of the  European  Communities 2. 12. 76 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
I. The  following  amendment  was  rejected  at the plenary  session: 
Paragraph  1.5 
'The  Committee  notes  that  the  proposed  Directive  will  apply  to pre-packaged 
foodstuffs,  but  may  also  apply  to foodstuffs  sold  loose  to the  ultimate  consumer. 
However  it is not to apply  to intermediate  products.' 
Voting 
For: 2, against:  majority,  abstentions:  5. 
II. The  following  passage  in the  opinion  of the  Section  for  Protection  of the  Environment, 
Public  Health  and  Consumer  Affairs  was  changed  following  the  acceptance  of an 
amendment  at the plenary  session: 
Paragraph  2.21.4 
'Where  the conditions  under  which  the foodstuff  should  be stored  and  distributed  are 
specified,  the manufacturer  is in as position  to determine,  within  an adequate  safety 
margin,  how  long  the  foodstuff  concerned  will  remain  completely  fit for  human 
consumption  and  retain  all its essential  qualities.' 
Voting 
Adopted  unanimously. 
Opinion  on the  proposal  for  a Council  Decision  establishing  a uniform  procedure  for 
the exchange  of information  on the  quality  of surface  fresh  water  in the  Community 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of  the 
European  Communities  No  C 133  of 14 June  1976,  page  25. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 12 May  1976,  the  Council  referred  the  abovementioned  proposal  to the  Economic 
and Social  Committee  in accordance  with  Article  198  of the  Treaty  establishing  the 
European  Economic  Community.