23. 5. 86 Official Journal of the European Communities No C 124/5 
II 
(Preparatory Acts) 
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 foodstuffs 
for sale to the ultimate consumer 
COM(86) 89 final 
(Submitted by the Commission to the Council on 17 April 1986) 
(86/C 124/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Council Directive 79/112/EEC (') makes 
provision for national derogations in a number of cases; 
Whereas, with the dual aim of completing the inter­
national market and providing improved information for 
all consumers in the Community, these derogations 
should be eliminated; 
Whereas, in particular, experience acquired since the 
adoption of Directive 79/112/EEC enables it to be made 
applicable to restaurants, hospitals, canteens and other 
similar mass caterers throughout the Community; 
Whereas the principles of the date of minimum durability 
should be generalized, and the manner of its indication 
standardized, with a view to avoiding errors on the part 
of consumers; whereas certain derogations from this rule 
may nevertheless, be granted in a small number of cases 
in which a date is not an essential item of information; 
Whereas mention, in the list of ingredients, of the 
specific name or official number of any additives used 
should be generalized in order to enable consumers to 
ascertain the exact composition of foodstuffs containing 
such additives; 
(') OJNoL33, 8. 2. 1979. Whereas in the case of flavouring matters, however, the 
mandatory use of a generic name constitutes adequate 
information, and it will be for the labeller, where 
applicable, to supplement such information by more 
specific particulars, should he so wish; 
Whereas if a foodstuff has been treated with ionizing 
radiation, consumers should be so informed, but whereas 
practical difficulties, in particular of an analytical nature, 
prevent the extension of such an obligation to compound 
foodstuffs containing an ingredient that has previously 
been treated; 
Whereas, with a view to facilitating trade between 
Member States that have different official languages, it 
may be provided that, at stages prior to sale to the 
ultimate consumer, the mandatory particulars that must 
appear on a prepackaged foodstuff need appear only on 
the accompanying documents; 
Whereas Directive 79/112/EEC was designed as a piece 
of horizontal legislation and therefore provides only for 
those particulars which, in principle, should appear on 
the labels of all foodstuffs; 
Whereas, in addition to general provisions, it may be 
necessary to lay down specific provisions concerning 
certain foodstuffs only; 
Whereas, in the absence of Community provisions 
governing each of those foodstuffs, the specific 
provisions relating thereto should be adopted in the form 
of additions to Directive 79/12/EEC, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 79/112/EEC is hereby amended as follows: 
1. Article 1 (2) is replaced by the following: 
'2. This Directive shall apply also to foodstuffs 
intended for supply to restaurants, hospitals, 
canteens and similar mass caterers.' 
No C 124/6 Official Journal of the European Communities 23.5.86 
2. Article 2 (1) (b) is replaced by the following: 
'(b) subject to Community provisions applicable to 
natural mineral waters and foodstuffs for 
particular nutritional uses, attribute to any 
foodstuff the property of preventing, treating 
or curing a human disease, or refer to such 
properties.' 
3. The following paragraph 3 is added to Article 4: 
'3. The Community provisions referred to in 
paragraphs 1 and 2 shall be adopted in accordance 
with the procedure laid down in Article 17.' 
4. The following subparagraph is added to Article 5 
(3): 
'A foodstuff that has been exposed to ionizing 
radiation shall in all cases bear a reference to such 
treatment.' 
5. The first sentence of Article 6 (5) (b) is replaced by 
the following: 
'(b) ingredients shall be designated by their specific 
name, where applicable, in accordance with the 
rules laid down in Article 5, to the exclusion of 
that provided for in the second subparagraph of 
paragraph 3 of that Article.' 
6. The first indent of Article 6 (5) (b) is replaced by the 
following: 
'— ingredients which belong to one of the cate­
gories listed in Annex I and are constituents of 
another foodstuff need be designated only by 
the name of that category; aditional categories 
may be added to Annex I in accordance with the 
procedure laid down in Article 17;'. 
7. The third and fourth indents of Article 6 (5) (b) are 
delected. 
8. The following subparagraph is added to Article 6 
(6): 
'The Community provisions referred to* in this 
paragraph shall be adopted in accordance with the 
procedure laid down in Article 17.' 
9. The following subparagraph is added to Article 7 
(3): 
'The Community provisions referred to in this 
paragraph shall be adopted in accordance with the 
procedure laid down in Article 17.' 
10. In Article 8 (5) (b), the phrase 'however, this 
provision shall not apply to spices and herbs' is 
deleted. 11. The following paragraph 7 is added to Article 8: 
'7. The Community provisions referred to in 
paragraphs 1, 2 (b) and (d), and 5 shall be adopted 
in accordance with the procedure laid down in 
Article 17.' 
12. The second and third subparagraphs of Article 9 (2) 
are deleted. 
13. Article 9 (5) is delected. 
14. Article 9 (6) is replaced by the following: 
'6. Subject to Community provisions governing 
other types of date indication, an indication of the 
minimum durability date shall not be required for: 
— fresh fruit and vegetables, including potatoes, 
which have not been peeled, cut or similarly 
treated, 
— wines, liqueur wines, sparkling wines, aromatized 
wines and similar products obtained from fruits 
other than grapes, 
— beverages containing 10 % or more by volume of 
alcohol, 
— bakers' or pastry cooks' wares which, given the 
nature of their content, are normally consumed 
within 24 hours of their manufacture, 
— vinegar, 
— cooking salt, 
— solid sugar, 
— confectionery products consisting of flavoured 
and/or coloured sugars, 
— chewing gums and similar chewing products, 
— edible ices put up in individual portions for 
consumption at one time, 
— fermented cheeses intended to mature fully or 
partially in their prepackaging.' 
15. The following subparagraph is added to Article 10 
(2): 
'The Community provisions referred to in this 
paragraph shall be adopted in accordance with the 
procedure laid down in Article 17.' 
16. Article 11 (1) (b) is replaced by the following: 
'(b) Notwithstanding point (a) and without 
prejudice to Community provisions on nominal 
quantities, the particulars required under 
Articles 3 and 4 (2) need appear only on the 
23.5.86 Official Journal of the European Communities No C 124/7 
commercial documents referring to the 
foodstuffs where the latter are prepackaged and 
marketed at a stage prior to their sale to the 
ultimate consumer.' 
17. The following subparagraph is added to Article 11 
(3) (a): 
'It shall not apply to milk or milk products in bottles 
intended for re-use. Other derogations may be 
allowed in accordance with the procedure laid down 
in Article 17.' 
18. Article 11 (4) is replaced by the following: 
'4. In the case of the bottles referred to in the 
third subparagraph of paragraph 3 (a) and of 
packaging or containers whose largest face has an 
area of less than 10 square centimetres, only the 
particulars listed in points (1), (3) and (4) of Article 
3 (1) need be given.' 
19. Article 16, second paragraph, third indent, is 
replaced by the following: 
'In the latter event, and before the expiry of the 
abovementioned period, the Commission shall 
initiate the procedure provided for in Article 17 in 
order to determine whether the envisaged measures 
may be implemented subject, if necessary, to the 
appropriate modifications.' 
20. Article 17 is replaced by the following text: 
'Article 17 
Where the procedure laid down in this Article is 
invoked, the Commission shall decide after 
consulting the Standing Committee on Foodstuffs set 
up under Decision 69/414/EEC, hereinafter referred 
to as "the Commitee". The Committee shall discuss 
matters on which the Commission has requested an opinion. When seeking the opinion of the 
Committee, the Commission may set a time limit 
within which such opinion shall be given. No vote 
shall be taken. However, any member of the 
Committee may demand that his views be set down 
in the minutes.' 
21. Article 18 is deleted. 
22. Article 23 is deleted. 
23. The following is added to Annex I: 
'Definition 
All aromatizers. Designation 
Flavouring(s). 
This indication may be 
supplemented, if necess­
ary, by stating whether 
the aromatizers used are 
of vegetable or animal 
origin.' 
Article 2 
Member States shall amend their laws, regulations and 
administrative provisions, where necessary, in such a way 
as to: 
— permit trade in products complying with this 
Directive by ... at the latest (18 months after 
notification), 
— prohibit trade in products not complying with this 
Directive with effect from ... (three years after 
notification). 
They shall forthwith inform the Commission thereof. 
Article 3 
This Directive is addressed to the Member States. 
Proposal for a Council Directive on the approximation of the laws of the Member States 
relating to foodstuffs intended for particular nutritional uses 
COM(86) 91 final 
(Submitted by the Commission to the Council on 17 April 1986) 
(86/C 124/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and 
Social Committee, 
Whereas on 21 December 1976 the Council adopted 
Directive 77/94/EEC on the approximation of the laws 
of the Member States relating to foodstuffs for particular 
nutritional uses ('); 
Having regard to the opinion of the European Par­
liament, O OJ No L 26, 31. 1. 1977, p. 55.