AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON NUTRITION LABELLING RULES FOR FOODSTUFFS INTENDED FOR SALE TO THE ULTIMATE CONSUMER
Date: 1989-08-25
Institutions: European Commission
Subjects: consumer information, directive (EU), foodstuff, foodstuffs legislation, labelling, nutrition

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) 

-  2 -

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) 

-  3 -

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; 

-  4  -

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 

-  5  -

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. 

- 6 -

(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. 

-  7 -

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 

- 8 -

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 

Protein 

Fat 

Alcohol  (Ethanol) 

Organic Acid 

2.4 kcal/g - 10 kJ/g 

4 

• 

7 

3 

kcal/g -  17 kJ/g 

kcal/g - 37 kJ/g 

kcal/g - 29 kJ/g 

kcal/g - 13 kJ/g. 

- 9  -

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-

-  10 -

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 

Sugars 

Sugar  alcohols 

Starch 

g, of whIch: 

g 

g 

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 

Saturates 

Monounsaturates 

PoIyunsaturates 

g, of wh I ch : 

g 

g 

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 

-  11  -

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* 

-  12 -

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 

-  13 -

ANNEX 

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 

!5 

25.8.1989 

EN 

Catalogue number : CB-CO-89-366-EN-C 

ISBN 92-77-52566-5 

Office for Official Publications of the European Communities 
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