COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 160 final 
Brussels. 02.05.1994 
Proposal for a Council Directive 
concerning the compulsory Indication on the labelling 
of certain foodstuffs of particulars other than those provided for In 
Directive 79/112/EEC 
Mfe'i 
f^t (presented by the Commission) 
-sftSSfe 
Explanatory mémorandum 
Under the terms of Article 4(2) of Directive 79/112/EEC concerning the 
labelling of foodstuffs, Community provisions applicable to certain 
foodstuffs may stipulate the compulsory indication of particulars other 
than those set out In Article 3 of that Directive. 
It emerged from discussions in the Standing Committee on Foodstuffs 
regarding amendments to Annex II to Directive 79/112/EEC concerning 
categories of additives that packaging gases, which are additives 
within the meaning of Directive 89/107/EEC, cannot be regarded as 
ingredients In view of the fact that in most cases they escape when the 
packaging is opened. 
Following a notification from Italy pursuant to the procedure set out 
in Article 16 of Directive 79/112/EEC, It was thought necessary, in 
order to keep the consumer properly Informed, to indicate on the 
labelling that certain products are packaged with packaging gases. 
This Information should enable consumers to understand why certain 
products have a longer shelf life. 
Following a favourable opinion delivered by the Standing Committee on 
Foodstuffs, the Commission adopted a decision on 8 July 1993 requesting 
the Italian authorities to postpone the adoption of their regulations 
for six months to enable Community rules to be introduced in this area. 
The draft Directive attached therefore sets out to address this 
problem. It may be supplemented If other particulars prove to be 
necessary for certain foodstuffs. 
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Proposal for a Council Directive. 
concerning the compulsory Indication on the labelling 
of certain foodstuffs of particulars other than those provided for In 
Directive 79/112/EEC 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
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 as last 
amended by Directive 91/72/EEC and in particular Its Article 4(2)2, 
Having regard to the proposal from the Commission, 
Whereas, having regard to the scope and effects of the proposed action, 
the Community measures introduced by this Directive are essential if 
the objectives set are to be attained; whereas those objectives cannot 
be attained by the Member States acting Individually; whereas, 
moreover, Directive 79/112/EEC already provides for the attainment of 
such objectives at Community level; 
Whereas, in order to ensure that consumers receive adequate 
information, it is necessary to provide for compulsory indication, for 
certain foodstuffs, of other particulars In addition to those provided 
for in Article 3 of Directive 79/112/EEC; 
1 OJ L 33, 8.2.1979, p. 1. 
2 OJ L 42, 15.2.1991, p. 27. 
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Whereas packaging gases used In packaging certain foodstuffs should not 
be regarded as ingredients within the meaning of Article 6(1) of 
Directive 79/112/EEC and therefore should not be included in the list 
of ingredients on the label; 
Whereas, however, consumers should be Informed of the use of such gases 
Inasmuch as this Information enables them to understand why the 
foodstuff they have purchased has a longer shelf life than similar 
products packaged differently; 
Whereas in order to prevent new barriers to trade being created by 
unilateral measures taken by Member States, It Is necessary to adopt 
Community provisions; 
Whereas, in accordance with Article 3(1)(5) of Directive 79/112/EEC, 
the above indication must be accompanied by information on the 
durability of the foodstuff after the packaging has been opened; 
Whereas, in accordance with the procedure of article 17 of Council 
Directive 79/112/EEC, this text was submitted to the Standing Committee 
for Foodstuffs which was unable to express an opinion and , whereas 
under the same procedure, the Commission shall submit to the Council a 
proposal relating to the measures to be taken, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Without prejudice to the provisions of Article 3 of Directive 
79/112/EEC, the labelling of the foodstuffs listed in the Annex to this 
Directive shall include additional particulars, as set out in that 
Annex. 
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Article 2 
Member States shall, where necessary, amend their laws, regulations and 
administrative provisions by 30 June 1994 in such a way so as to: 
- permit trade In products complying with this Directive not later 
than 1 July 1995; 
- prohibit trade In products not complying with this Directive with 
effect from 1 January 1997, however, trade In products placed on the 
market or labelled before that date and not conforming with this 
Directive may continue until stocks run out. 
They shall forthwith Inform the Commission thereof. 
When Member States adopt such provisions they shall contain a reference 
to this Directive or be accompanied by such reference on the occasion 
of their official publication. The methods of making such a reference 
shall be laid down by the Member States. 
Article 3 
The Directive Is addressed to the Member States. 
Done at Brussels, 
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A2NE& 
List of foodstuffs for which the labelling must Include 
one or more additional particulars 
Type or category of foodstuff Particulars 
- Foodstuffs whose durability 
has been extended by means 
of packaging gases authorized 
pursuant to Directive 89/107/EEC "Packaged In a protective 
atmosphere" 
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ISSN fK'54-1475 
COM (94) 160 final 
DOCUMENTS 
Catalogue number : CB-CO-94-172-EN-C 
ISBN 92-77-67841-0 
Office for Official Publications of the European Communities 
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