PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 89/396/EEC ON INDICATIONS OR MARKS IDENTIFYING THE LOT TO WHICH A FOODSTUFF BELONGS
Date: 1991-07-25
Institutions: European Commission
Subjects: consumer information, foodstuff, labelling, trade information, trade mark

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 297 final  - SYN 357 

Brussels, 25 July 1991 

Proposal  for a 

COUNCIL  DIRECTIVE 

amending Directive 89/396/EEC on  indications or 

- SYN 357 

marks  identifying the  lot to which a foodstuff  belongs 

COMMUNICATION  FROM THE COMMISSION 

Implementation of Directive 89/396/EEC on  indications or marks 

identifying the  lot to which a foodstuff  belongs 

-  2  -

Explanatory  memorandum 

Council  Directive  89/396/EEC  of  14 June  1989 on  indications  or  marks 
identifying  the  lot  to which  a  foodstuff  belongs  provides  that  a  foodstuff 
may  not  be marketed  unless  it  Is accompanied  by  an  indication which  allows 
identification of  the  lot  to which  it belongs. 

Article  7 of  the Directive  provides  that  the  latter  should  be  implemented 
no  later  than  20 June  1991. Some weeks  before  that  date,  the Commission  was 
informed  that  many  economic  operators  are encountering  insurmountable 
technical  problems  in their  endeavours  to apply  the Directive,  due  to  the 
fact  that  special  new equipment  Is necessary  in order  to comply  with  the 
obligation  to  indicate  on  the  label  the  lot  to which  a product  belongs. 

According  to the  Information  available  to the Commission,  manufacturers  of 
this  type of  equipment  are not  at  present  able  to meet  the  demand  from  the 
agri-food  industries,  resulting  in very  long delivery  periods. 

It  is therefore  necessary  to postpone  by one  year  the  application  date 
originally  specified  in the Directive,  in order  to avoid  creating  new 
barriers  to  intra-Communlty  trade  resulting  from  the  technical 
Impossibility  of  complying  with  Community  legislation. 

- 1-

proposa I 

for a Council Directive 

amending Directive 89/396/EEC on indications or marks Identifying the lot 
to which a foodstuff belongs. 

SYN 357 

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,1 

In cooperation with the European Parliament,2 

Having regard to the opinion of the Economic and Social Committee,3 

Whereas It Is necessary to take account of the insurmountable technical 
problems which have rendered  Impossible the implementation by 20 June 1991 
of Directive 89/396/EEC; whereas it Is therefore necessary to postpone the 
Implementation date, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

The second  indent of the first paragraph of Article 7 Is replaced by the 
fol lowing text: 

prohibit trade in products not complying with this Directive with 
effect from 1 July 1992. 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. 

This Directive is addressed to the Member States. 

Article 2 

For the Counci i 

Done at 

1 
2 
3 

OJ No C 
OJ C No 
OJ No C 

Communication from the Commission 

Subject: 

implementation of Directive 89/396/EEC on  indications or marks 
identifying the lot to which a foodstuff belongs 

Article 7 of Directive 89/396/EEC on the  identification of  the  lot to which 
a  foodstuff belongs requires the Member States to amend their  laws, 
regulations and administrative provisions to prohibit  trade  in products not 
complying with  the Directive with effect  from 20 June 1991. 

The Commission has been  informed  that  insurmountable technical  difficulties 
have arisen with regard  to the  implementation of  this Directive. 

In order  to avoid  the creation of  further barriers to  Intra-Communlty trade 
as a result of  it being technically  impossible to conform  to the Community 
legislation, the Commission has decided  to propose very shortly the 
postponement of  implementation until  1 July 1992. 

ÎSSN 0254-1475 

COM(91) 297 final 

DOCUMENTS 

EN 

to 

H 

Catalogue number : CB-CO-91-331-EN-C 

ISBN 92-77-74712-9 

Office  for Officiai  Publications of Ihe European Communities 

L-2985 Luxembourg