Proposal for a COUNCIL DIRECTIVE amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs
Date: 1992-04-07
Institutions: European Commission
Subjects: approximation of laws, consumer information, foodstuff, labelling, marketing, product designation

COMMISSION OF THE EUROPEAN  COMMUNITIES 

111 

C0M(9>1 ) 536  final - SYN 380 

Brussels, 7  ApriI  1992 

Proposal  for a 

CLINCH  DIRECTIVE 

amending  DirectIve  79/112/EEC  on  the 

approximation  of  the  laws  of  the Member  States  relating  to  the  labelling 
presentation  and advertising  of  foodstuffs 

(presented  by the Commission) 

i'hh * 

- 2 

EXPLANATORY  MEMORANDUM 

1 .  INTRODUCTION 

The aim of  this proposal  for  a directive  is three-fold: 

to fiI I a gap with  regard  to the  labelling of  foodstuffs  consisting of 
a single  ingredient; 
to reconsider  the  labelling of alcoholic beverages; and 
to make  it  compulsory  to  indicate  the  content  of  certain  ingredients 
or  constituents, 
to  supplement  the  provisions  concerning  the  name  under  which  the 
product  is sold. 

With  this  in  mind,  it  sets  out  the  amendments  which  need  to  be  made  to 
Articles  3, 
of 
18 December  1978  on  the  approximation  of  the  laws  of  the  Member  States 
relating  to  the  labelling,  presentation  and  advertising  of  foodstuffs,  as 
last amended  by Directive 91/72/EEC.2 

Directive  79/112/EEC1 

Council 

and 

5, 

of 

6 

7 

These  amendments  were  set  out  in  the  Commission  communication  of  1989  on 
the  free  movement  of  foodstuffs  within  the  Community,3  paragraph  18  of 
which  states  that: 

"The  Commission  is  therefore  shortly  to  put  forward  a  proposal  aimed  at 
making  It  mandatory  to  indicate  the  quantity  of  ingredients  that  are 
essential  to  the  characteristics  of  a  foodstuff,  specifying  the  cases  in 
which  foodstuffs composed  of  a single  ingredient  do not  need  to bear  a list 
of  ingredients  and  making  it  mandatory  to  indicate  the  ingredients  in 
beverages with  an alcoholic strength of more  than  1.2% by volume, etc.". 

2. 

Name under  which  the product  is sold 

Article  5  of  Directive  79/112/CEE  now  states  that  In  the  absence  of 
Community  or  national  regulations  determining  the  name  under  which  a 
product  is sold,  the manufacturer  could  use  the name  customary  in the 
Member  State  where  the product  Is sold  to  the ultimate  consumer  or  to 
mass caterers. 

This  territorial  limit  to  the  concept  of  customary  names  does  in 
practice  create some obstacles  to the free movement  of goods. 

In  the  framework  of  the  completion  of  the  Internal  Market,  it  is 
appropriate  to allow  also  the use of  the name  customary  in the  Member 
State  where  a  product  is manufactured  in  the  case  of  products  which 
will  be  sold  in another  Member  State  provided  this  does  not  have  the 
purchaser. 
effect 

misleading 

the 

of 

1  OJ  L 33, 8.2.1979. 
2  OJ L 42, 15.2.1991. 
3  OJ C 271, 24.10.1989. 

-  3  -

3. 

Foodstuffs  consisting  of  a  single  ingredient 

Article  6(2)(c)  of  Directive  79/112/EEC  states  that  Ingredients  need 
not  be  listed  in  the  case  of: 

-  "(c) products  consisting  of  a  single  ingredient". 

ingredient.  This 

Since  the  Directive  was  introduced,  practice  has  shown  that  this 
provision  does  not  always  make  it  possible  to  ensure  that  the  consumer 
information  as  to  the  nature  of  the 
is  provided  with  correct 
with 
constituent 
foodstuffs  marketed  under  the  generic  name  of  "pasta",  which  is  used 
to  designate  products  obtained  from  both  common  wheat  and  durum  wheat. 
These  products  were  the  subject  of  the  judgment  of  14  July  1988  in 
Case  90/86,  and  it  should  be  stressed  that  in  this  Case  the  Court 
upheld  the  listing  of  Ingredients  in accordance  with  the  provisions  of 
the  Council  Directive  on  the  labelling  and  presentation  of  foodstuffs 
(ground  1 7 ). 

in  particular 

is  the  case 

It  is  therefore  necessary  to  restrict  the  scope  of  the  derogation 
provided  for 
in  Article  6(2)(c)  exclusively  to  cases  in  which 
indicating  the  single  ingredient  would  appear  to  be  superfluous 
because  the  ingredient  already  appears  in  the  name  under  which  the 
product  is  sold  or  where  this  name  enables  the  consumer  to  make  his 
choice  according  to  the  nature  of  the  ingredient. 

4. 

Labelling  of  alcoholic  beverages 

The  original  version  of  Article  6(3)  of  Directive  79/112/EEC  stated 
that: 

"In  the  case  of  beverages  containing  more  than  1.2%  by  volume  of 
alcohol,  the  Council,  acting  on  a  proposal  from  the  Commission,  shall, 
before  the  expiry  of  a  period  of  four  years  following  notification  of 
this  Directive,  determine  the  rules  for  labelling  and,  possibly, 
indicating  the  alcoholic  strength." 

In  accordance  with  this  provision,  the  Commission,  in  October  1982, 
proposed  an  amendment  to  this  Directive  to make  it  compulsory  to  state 
In  the  labelling  of  alcoholic  beverages: 

-  the  alcoholic  strength 
-  the  list  of  ingredients. 

However,  this  proposal  was  only  partly  adopted  in Directive  86/197/EEC 
on  alcoholic  strength.1  As  the  second  part  on  the  compulsory  listing 
of  ingredients  is  still  before  the  Council,  it  should  be  reactivated 
and  appropriate  consequences  drawn  in  the  light  of  the  Judgment  of 
12 March  1987  (Beer  Purity  Law)  in  Case  178/84.  If  the  listing  of 
ingredients  were  made  compulsory,  there  would  be  no  need  to  mention 
any  particular  ingredient  alongside  the  name  under  which  the  product 
is sold  which  could  discredit  the  product. 

OJ  L  144,  29.5.1986. 

-  4  -

Quantitative  statement  of  ingredients  or  constituents 

The  purpose  of  stating  the  content  of  certain  ingredients  is  to 
provide  essential 
information  with  regard  to  the  composition  of 
foodstuffs.  It  enables  the  consumer  to  make  a  better  choice  from 
among  the  large  number  and  variety  of  products  on  the  market,  in 
particular  those  which  are  similar  in  appearance  but  differ  more  or 
less  substant ially. 

This  additional  information  therefore  helps  to  achieve  the  mutual 
recognition  of  national  regulations  and  standards  on  the  names  and 
composition  of  foodstuffs  and  provides  producers  with  extra  protection 
against  unfair  competition. 

indication 

compulsory 

The 
or 
constituents  should  therefore  be  introduced  in  Article  3  of  the 
labelling  Directive  and  Article  7  should  be  amended  to  specify  the 
cases  in  which  this  indication  Is  required  and  the  procedures 
applicable. 

the  content 

ingredients 

of 

of 

The  Commission  takes  the  view  that  the  measures  proposed  should  be 
adopted  as  they  derive  from  the  principles  evolved 

in  particular 

-  on  the  one  hand,  by  the  Court  of  Justice,  which  has  had  to  state 
its  opinion  on  this  subject  on  several  occasions.  The  judgments 
concerned 
(Purity 
requirements  for  beer)  in  Case  178/84  and  14  July  1988  (Pasta)  in 
Case  90/86,  In  which  it  upheld  that  the  "compulsory  affixing  of 
suitable  labels  giving  the  nature  of  the  product  sold"  was  the  most 
suitable  means  of  providing  the  consumer  with  information  about  the 
composition  of  the  products  as  it  appeared  to  constitute  the  least 
obstacle  to  the  Importation  of  products  lawfully  manufactured  and 
marketed  in other  Member  States. 

are  those  of 

12 March  1987 

-  on  the  other  hand,  in  the  two  Commission  communications  entitled 
legislation  on 
the 

"Completion  of  the  internal  market:  Community 
foodstuffs"1 
Commun 11 y".2 

foodstuffs 

movement 

within 

"Free 

and 

of 

1 
2 

COM(85)603  final. 
OJ  C  271,  24.10.1989 

-  5 -

Proposal  for  a  Council  directive  amending  Directive  79/112/EEC  on  the 

approximation  of  the  laws of  the Member  States  relating  to  the  labelling, 

presentation  and advertising  of  foodstuffs 

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  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  last  amended  by  Directive 

91/72/EEC2 and  in particular  Article 6(2)(c) and  (3) and Article 7. 

Having  regard  to the proposal  from  the Commission,3 

In cooperation with  the European  Parliament,4 

Having  regard  to the opinion of  the Economic and Social  Committee,5 

Whereas  the  measures  aimed  at  the  gradual  establishment  of  the  internal 

market  must  be  adopted  by  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,  in the context  of  the single Market, the use of  the name  customary 

in  the  Member  State  In  which  the  product  is manufactured  should  also  be 

allowed  In the case of products which will  be sold  in another  Member  State; 

Whereas with  the two aims of providing  the consumer  with  better  information 

and ensuring  fair  trade  the  labelling  rules as regards  the exact  nature and 

characteristics of products need  to be further  improved; 

1  OJ L 33, 08.2.1979, p. 1. 
2  OJ L 42, 15.2.1991. 
3 
4 
5 

-  6 -

Whereas  the  Court  of  Justice  has  delivered  several  judgements  in which  it 

recommends  detailed  labelling,  in  particular  the  compulsory  affixing  of 

suitable  labels  giving  the  nature  of  the  product  sold;4  whereas  this 

course of  action  enables  the consumer  to make  his choice  in full  knowledge 

of  the  facts  and  is  the  most  appropriate  since  it  creates  the  least 

obstacles  to free trade; 

Whereas  it  is for  the Community  legislator  to adopt  measures  deriving  from 

this case-1aw ; 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Directive  79/1 if/EEC shall be amended  as fellows: 

1.  The  following  shall be added  to Article  3(1): 

"2a. the <tuantity of  certain  Ingredients or categories of  ingredients;" 

2.  Article 5(1) shall  be replaced by  the following: 

1.  The name under  which  a product  is sold  is 

(a) the name provided  for  in the  laws, regulations or 

administrative provisions applicable  to  it; 

(b) failing  that, one and/or  another  of  the  following names: 

-  the  name  customary  in  the  Member  State  where  the  product  is 

either  manufactured  or  sold  to  the  final  consumer  or  mass 

caterers. 

4 

Judgement  of 9 December  1981  in Case  193/80  [1981] 3019 
Judgement  of  12 March  1987  In Case  178/84  [1987] 1262 
Judgement  of  14 July  1988  In Case 90/86  [1988] 

- 7 -

-  a description  of  the  foodstuff  and,  if necessary,  of  its use 

which  is  clear  enough  to  let  the  purchaser  know  its  exact 

nature  and  to  distinguish  It  from  other  products  with  which 

it could  be confused. 

The  name  chosen  in accordance  with  this  point  must  not  misleadthe 

purchaser. 

3.  Article 6 2c) shall  be replaced  by  the following: 

H(c) products consisting of  a single  ingredient 

where  the  name  under  which  the  product  is sold  and  the  ingredient 

are  the same or 

where  the  name  under  which  the  product  is sold  enables  the  nature 

of  the  ingredient  to be clearly  identified." 

4.  Article 6(3) shall  be replaced  by  the  following: 

"3. The  rules  for  labelling  the  ingredients  of  drinks  containing  more 

than  1.2% alcohol  by volume shall  be determined 

(a)  in the case of : 

- wines5  including  sparkling  wines,6  liqueur  wines and 

semi-sparkIing wines offered  for sale  to the consumer; 

-  partially  fermented  grape must;6 

-  spirituous beverages;7 

-  aromatized wines8 

by  the specific Community  provisions  applicable  to  them." 

5  Council  Regulation  No 2392/89, OJ  L 149, 14.6.91, p. 1. 
6  Council  Regulation  No 3309/85, OJ  L 320, 29.11.85, p. 9. 
7  Council 
8  Council 

1576/89,  OJ 
1601/91,  OJ 

Regulation 
Regulation 

No 
No 

L  160,  12.6.89,  p.  1. 
14.6.91,  p.  1. 
L  149, 

- 8 -

(b)  In the case of other  products,  in accordance with  the procedure 

provided  for  in Article 17. 

For all  these products, the  list of  ingredients shall  be 

preceded  by the following:  "prepared with". 

5.  Article 7 shall  be replaced by  the following: 

"Article 7 

1.  The  quantity  of  an  ingredient  or  category  of  ingredients  used  in  the 

manufacture or preparation of a  foodstuff  shall  be stated  In accordance 

with  this Article. 

2.  This  indication shall  be compulsory where  the  ingredient or category of 

ingredients concerned: 

(a) appears  in the name under which  the foodstuff  is sold or  is derived 

implicitly  therefrom; 

(b) Is emphasized  on the  labelling; 

(c)  is essential  to characterize a foodstuff  and  to distinguish  it from 

products with which  it might  be confused. 

3.  Points  (a) and  (b) of paragraph  2 shall  not apply 

(a) to an  Ingredient: 

- which  itself alone constitutes a foodstuff  and  Is sold as such; 

-  the  drained  net  weight  of  which  is  Indicated  in accordance  with 

Article 8(4); 

- which  is used  in small  quantities only as a flavouring. 

(b) in  the  cases  referred  to  In  the  fourth  and  fifth  indents  of 

Article  6(5)(a); 

(c)  \n  all other  cases determined  in accordance with  the procedure  laid 

down  in Article 17. 

- s -

4.  The  rules  governing  the  application  of  point  2(c)  shall  be  adopted  in 

accordance  with  the  procedure  laid  down  in Article  17. 

5.  The  quantity  indicated  is  that  used  in  the  manufacture  of  the  product 

expressed  as  a  percentage  of  a  given  quantity  of  the  finished  product 

in  the  units  of  measurement  laid  down  in  the  first  paragraph  of 

Article 8 ( 1 ). 

6.  In  accordance  with  the  procedure  laid  down  In  Article  17,  it  may  be 

decided,  for  certain  foodstuffs,  to  make  it  compulsory  to  indicate  the 

quantities  of  certain  constituents  contained  therein. 

7.  Community  provisions  or,  where  there  are  none,  national  provisions  may 

stipulate  for  certain  foodstuffs  that  quantities  of  certain  ingredients 

must  be  indicated  in  absolute  terms  or  as  percentages  and  that,  where 

appropriate,  mention  should  be  made  of  any  alteration  in  the  quantities 

of  these  ingredients. 

The  procedure  laid  down  in  Article  16  shall  apply  to  any  such  national 

provisions. 

The  Community  provisions  referred  to  in  this  paragraph  shall  be  adopted 

in  accordance  with  the  procedure  laid  down  in Article  17. 

8.  This  Article  shall  apply  without  prejudice  to  Community  rules  on 

nutrition  labelling  for  foodstuffs." 

Article  2 

1.  The  Member  States 

shall,  where 

appropriate, 

amend 

their 

laws, 

regulations  and  administrative  provisions  in order  to: 

allow  trade  in  products  conforming  to  this  Directive  no  later  than 

30  June  1993; 

-  10 -

prohibit  trade  in  products  not  conforming  to  this  Directive  no 

later  than  30 June  1994. However,  trade  in products  not  conforming 

to  this Directive  and  labelled  before  that  date  is permitted  until 

stocks are fully  depleted. 

They  shall  forthwith  inform  the Commission  thereof. 

When  the Member  States adopt  these provisions, the  latter  shall  contain 

a reference  to this Directive or shall  be accompanied  by such  reference 

on  the  occasion  of  their  official  publication.  The  methods  of  making 

such  a reference shaI I be  laid down by  the Member  States. 

Article 3 

This Directive  Is addressed  to the Member  States 

Done at  Brussels, 

*~/<f-

Impact statement 

Impact of  the proposal  on businesses and on small and medium-sized 
enterprises  in particular 

Title of the proposal: 

Draft proposal  for a Council  directive amending Directive 79/112/EEC on the 
approximation of  the  laws of  the Member  States relating  to the  labelling, 
presentation and advertising of  foodstuffs 

Reference of document: 

Il1/9081 Rev. 3 

The proposa I : 

1.  Bearing  in mind  the principle of subsidiarity, why  is Community 

legislation  In this field necessary, and what  are  its main aims? 

The  labelling of  foodstuffs  is already  the subject of  Community 
harmonization  (Directive 79/112/EEC).  The draft  proposal  is designed  to 
further  improve consumer  information and  promote  the free movement of 
goods.  This  Is to be achieved mainly by  Introducing the principle of 
indicating  the quantities of certain  ingredients.  In addition, the 
proposal  alms to make  it mandatory  to give a  list of  ingredients of 
alcoholic beverages and  to specify  the cases  In which products composed of 
a single  ingredient do not need  to display a  list of  Ingredients. 

Impact on businesses: 

2. 

Who will  be affected  by  the proposal? 

- which sectors of  business? 
- what size of businesses  (proportion of  SMEs)? 
-  are these businesses  located  in specific  areas of  the Community? 

The rules governing  the  labelling of  foodstuffs apply  to all 
agri-foodstuffs businesses, whether multinationals or  SMEs.  The  businesses 
are spread  throughout  the Community.  However, one part of  the draft 
concerns producers of alcoholic beverages more particularly. 

3.  What measures will  businesses  have  to take  to comply with  the 

proposal? 

Businesses will  have  to modify  the  labelling of  their  products  to  include 
the additional  information  required  by  the new directive. 

-il 

4.  What  are the  likely economic effects of  the proposal: 

- on employment? 
- on  investment  and  the creation of new  businesses? 
- on  the competitiveness of  businesses? 

One of  the principles underlying  the adoption of Community  legislation on 
labelling  Is that of  fair  trading.  The adoption of  these new rules should 
further  boost  trade within  the Community,  which  Is likely  to have a 
favourable  impact  on  the competitiveness of businesses. 

5.  Does the proposal  include measures  to take account  of  the specific 
situation of  small  and medium-sized  enterprises  (less stringent or 
different  requirements, etc.)? 

No, since accurate consumer  information  is necessary  for  products 
manufactured  by both  large businesses  and SMEs. 

Consultation 

6. 

List of organisations which  have been consulted on  the proposal  and 
have broadly  defined  their  position 

The Advisory  Committee  on  Foodstuffs, which  includes representatives from 
trade,  industry, agriculture, consumers' organizations and  trade unions, 
was consulted on  the draft.  Its position was  favourable by and  large, 
although  representatives of  the wine  industry and agriculture  expressed 
reservations concerning  the  inclusion of  a  list of  ingredients  for wine and 
other  alcoholic beverages. 

ISSN 0254-1475 

COM(91)536 final 

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