No C 310/2 Official Journal of the European Communities 20. 11. 87 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation on indications or marks identifying the lot to which a 
foodstuff belongs 
COM(87) 501 final 
(Submitted by the Commission to the Council on 9 November 1987) 
(87/C 310/02) 
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 Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to adopt measures for the 
progressive establishment of the internal market over the 
period up to 31 December 1992; whereas the internal 
market consists of an area without internal frontiers 
within which the free movement of goods, persons, 
services and capital is guaranteed; 
Whereas trade in foodstuffs occupies a very important 
place in the internal market; 
Whereas indication of the lot to which a foodstuff 
belongs meets the need for better information on the 
identity of products; whereas it is therefore a useful 
source of information when foodstuffs are the subject of 
dispute or constitute a health hazard for consumers; 
Whereas Council Directive 79/112/EEC of 18 
December 1978 on the approximation of the laws of the 
Member State relating to the labelling, presentation and 
advertising of foodstuffs for sale to the ultimate 
consumer ('), as last amended by Directive 86/197/ 
EEC (2), contains no indications on lot identification; 
whereas some Member States have meanwhile adopted 
measures requiring such indication; Whereas at international level there is now a general 
obligation to give the reference to the manufacturing or 
packaging lot of prepackaged foodstuffs; whereas it is 
the Community's duty to contribute to the development 
of international trade; 
Whereas it is therefore advisable to adopt rules of a 
general and horizontal nature in order to establish a 
common lot identification system; 
Whereas the efficiency of this system depends on its 
application at the various marketing stages; whereas it is 
nevertheless desirable to exclude both certain operations 
taking place at the start of the marketing circuit for agri­
cultural products, and foodstuffs sold in bulk to the final 
consumer; 
Whereas, in view of the variety of identification methods 
used, it is up to the trader to determine the lot and to 
affix the corresponding indication or mark; 
Whereas, in order to satisfy the information 
requirements for which it is intended, this indication 
must be clearly distinguishable and recognizable as such; 
Whereas the date of minimum durability or 'use by' date, 
in conformity with Directive 79/112/EEC, may serve as 
the lot identification provided it is indicated precisely, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation relates to indications or marks 
which allow identification of the lot to which a foodstuff 
belongs. 
2. For the purposes of this Regulation, 'lot' means a 
(') OJ No L 33, 8. 2. 1979, p. 1. batch of units of a foodstuff produced, manufactured or 
(2) OJ No L 144, 29. 5. 1986, p. 38. packaged essentially under the same conditions. 
20.11.87 Official Journal of the European Communities No C 310/3 
Article 2 
1. A foodstuff may not be marketed unless it is 
accompanied by an indication or mark as referred to in 
Article 1 (1). 
2. However, paragraph 1 shall not apply: 
(a) to agricultural products sold or delivered by the 
producer to temporary storage, preparation or 
packaging stations or transported from the holding 
to producers' organizations, 
(b) when, at the point of sale to the final consumer, the 
foodstuffs are not prepackaged, are packaged at the 
request of the purchaser or are prepackaged for 
immediate sale. 
Article 3 
The indications or marks referred to in Article 1(1) shall 
be determined and affixed under the responsibility of the 
producer, manufacturer or packager of the foodstuff in 
question, or the first seller established within the 
Community. They shall be preceded by the letter 'L' 
except in cases where they are clearly distinguishable 
from the other indications or marks on the label. 
Article 4 
When the foodstuffs are prepackaged, the indications or 
marks referred to in Article 1(1) and, where appropriate, 
THE COMMISSION HEREBY AMENDS ITS PROPOSAL 
AS FOLLOWS: 
Article 1 is hereby amended as follows: 
(a) In Article 24 (6) (a), '150 000' is replaced by 
'200 000'. 
(b) The text of Article 24 (6) (e) is replaced by the 
following: the letter 'L' shall appear on the prepackaging or on a 
label attached thereto. 
They shall in all cases appear in a conspicuous place so 
as to be easily visible, clearly legible and indelible. 
Article 5 
When the date of minimum durability or 'use by' date 
appears on the label, the indications or marks referred to 
in Article 1 (1) need not appear on the foodstuff, 
provided that the date clearly consists at least of the 
indication of the day and the month in that order. 
Article 6 
Trade in products complying with this Regulation shall 
be authorized from 1 November 1987. 
Trade in products not complying with this Regulation 
shall be prohibited from 1 November 1988. 
Article 7 
This Regulation shall enter into force on 1 November 
1987. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
'The taxable person shall make a return at least once 
a year, each Member State endeavouring to ensure 
that the date of the re-run is the same as the return 
required from the taxpayer in respect of direct 
taxation.' 
(c) A new paragraph 6a is inserted between paragraphs 6 
and 7 as follows: 
'6a. Taxable persons eligible for the simplified 
scheme may opt for the normal value added tax 
scheme.' Amendments to the proposal for a Council Directive amending Directive 77/388/EEC on the 
harmonization of the laws of the Member States relating to turnover taxes in respect of the 
common value added tax scheme applicable to small and medium-sized businesses (') 
COM(87) 524 final 
(Submitted by the Commission to the Council pursuant to the third paragraph of Article 149 of the 
EEC Treaty) 
(87/C 310/03) 
(') OJ No C 272, 28. 10. 1986, p. 12.