COMMISSION OF THE EUROPEAN COMMUNITIES 
COM (89) 420 final - SYN 155 
Brussels, 25 August 1989 
Amended Proposal for a 
COUNCIL DIRECTIVE 
on nutrition labelling rules for 
foodstuffs intended for sale to the ultimate consumer 
([C0M(88) 489 final of 5 October 1988] 
(presented by the Commission pursuant to the third 
paragraph of article 149 of the EEC Treaty) 
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EXPLANATORY NOTE 
In October 1988 the Commission submitted to the Council two proposals for 
Council Directives on nutrition labelling; the first on the Introduction of 
compulsory nutrition labelling of foodstuffs Intended for sale to the 
ultimate consumer and the second on nutrition labelling rules for 
foodstuffs intended for sale to the ultimate consumer(1> 
In response to the opinion delivered by the European Parliament^) on the 
abovementioned proposals and In accordance with the third paragraph of 
article 149 of the Treaty establishing the European Economic Community, the 
Commission has decided to amend Its proposal on nutrition labelling rules 
for foodstuffs Intended for sale to the ultimate consumer. 
Given the scope of the amendments involved a consolidated text Is 
presented. 
(1) OJ C 282, 5.11.1988, P.8 
(2) 
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Amended Proposal for a 
COUNCIL DIRECTIVE 
on nutrition labelling rules for foodstuffs Intended for 
sale to the ultimate consumer 
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 the proposal from the Commission1, 
In cooperation with the European Parliament2, 
Having regard to the Opinion of the Economic and Social Committee3, 
Whereas It Is important that measures should be adopted with a view to the 
progressive establishment of the Internal market by 31 December 1992; 
whereas the Internal market will embrace an area without Internal frontiers 
in which the freedom of movement is ensured for goods, persons, services 
and capital ; 
Whereas there is growing public Interest In the relationship between diet 
and health and the choice of an appropriate diet to suit Individual needs; 
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Whereas the Council and the representatives of the governments of the 
Member States meeting within the Council, in their Resolution of 7 July 
19864 on the European Programme against cancer, retained the Improvement 
of nutrition as a priority; 
Whereas the knowledge of basic principles of nutrition and appropriate 
nutrition labelling of foodstuffs would go a long way In enabling the 
consumer to make this choice; 
Whereas the provision of nutrition labelling should stimulate more action 
in the area of nutrition education for the public; 
Whereas, for the benefit of the consumer on the one hand, and to avoid any 
possible technical barriers to trade on the other, nutrition labelling 
should be presented In a standardized format applying Community wide; 
Whereas foodstuffs bearing nutrition labelling should conform to the rules 
laid down In this Directive; 
Whereas all other forms of nutrition labelling should be prohibited but 
foodstuffs bearing no nutrition labelling should be able to circulate 
freely; 
Whereas, to appeal to the average consumer and to serve the purpose for 
which It is introduced, and given the currently-estimated low level of 
knowledge on the subject of nutrition, the Information provided should be 
simple and easily understood; 
Whereas the rules laid down In this Directive should also take into account 
the Codex Ailmentarius Guidelines on Nutrition Labelling; 
4 OJ C 184 of 23.7.1986, p. 19 
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Whereas general labelling provisions and definitions are contained in 
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 for sale to the ultimate consumer1, and 
therefore need not be repeated; whereas the present Directive can 
therefore be confined to those provisions pertaining to nutrition 
Iabe111ng, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive concerns nutrition labelling of foodstuffs to be 
delivered as such to the ultimate consumer. It shall also apply to 
foodstuffs intended for supply to restaurants, hospitals, canteens and 
similar mass caterers. 
2. For the purposes of this Directive: 
(a) "Nutrition labelling" shall mean any Information appearing In 
labelling and relating to: 
(I) energy, 
(II) nutrients: protein, carbohydrate, fat, dietary fibre, vitamins 
and minerals. 
(b) "Nutrition claim" shall mean any representation which states, suggests 
or implies that a food has particular properties as to the energy It 
provides and/or the nutrient It contains. However, quantitative or 
qualitative declaration of certain nutrients, If required by 
legislation, do not constitute a nutrition claim. 
1 OJ NO 33, 8.2.1979, p. 1. 
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(c) "Protein" shall mean the protein content calculated using the formula: 
Protein - Total KJeldahl Nitrogen x 6.25. 
However, a factor of 6.38 may be used if all the protein present Is 
mi Ik protein. 
(d) "Carbohydrate" shall mean any carbohydrate which is metabolized in man 
and includes sugar alcohols. 
(e) "Sugars" means all monosaccharides and disaccharIdes present in food 
but excludes sugar alcohols 
(f) "Fat" shall mean total lipids and shall include phospholipids. 
(g) "Saturates" shall mean fatty acids, I.e. fatty acids without double 
bond. 
(h) "Monounsaturates" shall mean fatty acids with one els double bond. 
(I) "Polyunsaturates" shall mean fatty acids with cis, cls-methylene 
interrupted double bonds. 
(j) "Dietary fibre" shall mean the material measured by the method of 
analysis to be determined in accordance with the procedure laid down 
In Article 8^_ 
(k) "Average value" shall mean the value of a nutrient which best 
represents the amount of the nutrient which a given food contains, and 
reflects allowances for seasonal variability, patterns of consumption 
and other factors which may cause the actual value to vary. 
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Article 2 
1. Nutrition labelling shall be compulsory when a nutrition claim is made 
in labelling or advertising. 
2. Nutrition labelling Is optional In all other cases. 
Article 3 
1• For the purpose of this Directive two groups of Information are 
defined as fol lows: 
Group 1 
(a) energy 
(b) the amounts of protein, carbohydrate, and fat 
Group 2 
(a) energy 
(b) the amounts of protein, carbohydrate, sugars, fat, saturates, dietary 
fibre and sodium 
When nutrition labelling Is provided the Information given shall consist of 
either group 1 or group 2 In the given order. 
1 
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2. Nutrition labelling may also Include the amounts of one or more of the 
fo11owIng: 
starch; 
sugar alcohols; 
monounsaturates; 
polyunsaturates; 
any of the vitamins or minerals listed in the Annex and 
present in significant amounts as defined In that Annex. 
3. When a nutrition claim Is made for sugars, saturates, dietary fibre or 
sodium the information given shall consist of group 2. 
4. The declaration of a nutrient listed In paragraph 2 for which a 
nutrition claim Is made shall be compulsory. In addition, when the amount 
of polyunsaturates and/or monounsaturates is given, the amount of saturates 
shall also be given, the declaration of the latter not constituting a claim 
within the meaning of paragraph 3. 
Article 4 
The energy value to be declared shall be calculated using the following 
conversion factors: 
Carbohydrates (except sugar alcohols) 4 kcal/g - 17 kJ/g 
Sugar alcohols 2.4 kcal/g - 10 kJ/g 
Protein 4 kcal/g - 17 kJ/g 
Fat • kcal/g - 37 kJ/g 
Alcohol (Ethanol) 7 kcal/g - 29 kJ/g 
Organic Acid 3 kcal/g - 13 kJ/g. 
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Article 5 
1. The declaration of the energy value and of the nutrient content shall 
be numerical. The units to be used are the following: 
Energy - kJ and kcal 
Protein 
Carbohydrate 
Fat 
Dietary Fibre 
Sodium grams (g) 
Vitamins and Minerals ) the units specified In the Annex. 
2. Information shall be expressed per 100 g or per 100 ml or per package 
where the package contains only a single portion of less than 100 g. In 
addition, this Information may be given per serving as quantified on the 
label or per portion, provided that the number of portions contained In the 
package is stated. 
3. The amounts mentioned shall be those of the food as sold. Where 
appropriate, information on a prepared basis may be given In addition, 
providing sufficiently detailed specified preparation Instructions are 
given and the information relates to the food as prepared for consumption. 
4.a) Information on vitamins and minerals may In addition be epxressed as 
a percentage of the Recommended Daily Allowance (RDA) given in the Annex 
per amounts as specified above. 
ê-
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b) The percentage of the Recommended Daily Allowance (RDA) for vitamins 
and minerals may also be given as part of graphic representation. 
Implementing provisions for this subparagraph may be adopted In accordance 
with the procedure laid out In article 8 . 
5. Where starch and/or sugar alcohols Is declared, this declaration shall 
follow Immediately the declaration of the carbohydrate and sugars content 
in the following format, as the case may be: 
Carbohydrate g, of whIch: 
Sugars g 
Sugar alcohols g 
Starch g. 
6. Where the amount and/or type of fatty acids Is declared, this 
declaration shall follow immediately the declaration of the total fat in 
the following format, as the case may be: 
Fat g, of wh I ch : 
Saturates g 
Monounsaturates g 
PoIyunsaturates g. 
7. The figures declared shall be derived average values based on, as the 
case may be: 
(a) the manufacturer's analysis of the food; 
(b) calculation from knowledge of the actual or average values of the 
Ingredients used; 
(c) calculations from generally acceptable data. 
A 
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Article 6 
1. The Information covered by this Directive shall appear all together in 
one place In tabular form, if space permits, with the numbers aligned. 
Where space does not permit, the linear form shall be used. 
It shall be marked In a consplclous place In such a way as to be easily 
visible, clearly legible and indelible. 
It shall not In any way be hidden, obscured or interrupted by other written 
or pictorial matter. 
2. Member States shall ensure that the Information covered by this 
Directive appears 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 Information from being Indicated In 
various languages. 
3. Member States shall' refrain from laying down requirements more 
detailed than those already contained In this Directive concerning 
nutrition labelling. 
Article 7 
The amendements necessary to adapt the conversion factors Included In 
article 4 and the list of vitamins and minerals and their recommended dally 
allowance Included In the Annex to scientific and technical progress shall 
be adopted In accordance with the procedure laid down In article 8. 
Article 8 
Where the procedure laid down in this Article Is to be followed, the 
Representative of the Commission shall submit to the Standing Committee a 
J* 
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dra$ of the measures to be taken. The Committee shall deliver Its 
Opinion on the draft within a time limit which the Chairman may lay down 
according to the urgency of the matter If necessary by taking a vote. 
The Opinion shall be recorded in the minutes; in addition, each Member 
States shall have the right to ask to have Its position recorded in the 
minutes. 
The Commission shall take the utmost account of the opinion delivered by 
the Committee. It shall Inform the Committee of the manner in which Its 
opinion has been taken Into account. 
Article 9 
Member States shall take the necessary measures to comply with this 
Directive. They shall forthwith inform the Commission thereof. Those 
measures shall be applied in such a way as to: 
- permit trade In products complying with this Directive, by ...1; 
- prohibit trade in products which do not comply with this Directive, with 
effect from ...2 
Article 10 
This Directive Is addressed to the Member States. 
Done at For the Council 
The President 
1 18 months after the notification 
2 36 months after the notification 
A 
ANNEX - 13 -
VITAMINS AND MINERALS WHICH MAY BE DECLARED 
AND THEIR RECOMMENDED DAILY ALLOWANCES (RDAs) 
Vitamin A JJLQ 
Vitamin D fig 
Vitamin E mg 
Vitamin C mg 
Thiamin mg 
Riboflavin mg 
Niacin mg 
Vitamin B6 mg 
Folacln fiQ 
Vitamin B12 /ig 
Blot In mg 
Pantothenic acid mg 
Calcium mg 
Phosphorus mg 
Iron mg 
Magnesium mg 
Zinc mg 
Iodine /ig 1 000 
5 
10 
60 
1.4 
1.6 
18 
2 
400 
3 
0.15 
6 
800 
800 
12 
300 
15 
150 
As a rule, 15% of the recommended Intake specified In this Annex supplied 
by 100 g or 100 ml or per package if the package contains only a single 
portion of less than 100 g should be taken Into consideration in deciding 
what constitutes a significant amount. 
M 

ISSN 0254-1475 
COM(89) 420 final 
DOCUMENTS 
EN !5 
25.8.1989 
Catalogue number : CB-CO-89-366-EN-C 
ISBN 92-77-52566-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg