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
Date: 1994-05-02
Institutions: European Commission
Subjects: approximation of laws, consumer information, foodstuff, labelling, packaging product, preparation for market

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 

(presented by the Commission) 

Mfe'i 

f^t 

-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. 

-  4  -

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 

"Packaged  In a protective 

has been extended by means 

atmosphere" 

of packaging gases authorized 

pursuant to Directive 89/107/EEC 

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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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