Commission Directive 1999/10/EC of 8 March 1999 providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs (Text with EEA relevance)
Date: 1999-03-08
Institutions: European Commission
Subjects: derogation from EU law, foodstuff, labelling

L 69/22

EN

Official Journal of the European Communities

16. 3. 1999

COMMISSION DIRECTIVE 1999/10/EC

of 8 March 1999

providing for derogations from the provisions of Article 7 of Council Directive
79/112/EEC as regards the labelling of foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

making the indication of the quantity of vitamins and
minerals compulsory;

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 European
Parliament and Council Directive 97/4/EC (2), and in
particular Article 7(3)(d) and (4) thereof,

Whereas Article 7(2)(a) and (b) of Directive 79/112/EEC
provide that the quantity of an ingredient is to be stated
on the labelling of a foodstuff where the ingredient
concerned appears in the name under which the foodstuff
is sold or is emphasised on the labelling;

Whereas, on the one hand, Commission Directive 94/
54/EC (3), as amended by Council Directive 96/21/EC (4),
requires the particulars ‘with sweetener(s)' or ‘with sugar(s)
and sweetener(s)' to be indicated on the labelling of prod-
ucts containing such ingredients; whereas those particu-
lars must accompany the name under which the product
is sold;

Whereas the indication of those particulars required by
Directive 94/54/EC has the effect of making it obligatory
to indicate the quantity of this ingredient or these ingre-
dients in accordance with Article 7(2)(a) and/or (b) of
Directive 79/112/EEC;

Whereas, however, indication of the quantity of sweet-
eners is unlikely to govern the consumer’s choice when
purchasing the product;

Whereas, on the other hand, the inclusion of particulars
relating to the addition of vitamins and minerals has the
effect of making nutrition labelling obligatory in accord-
ance with Council Directive 90/496/EEC (5);

Whereas duplicated information of this kind is not useful
to consumers and could even mislead them, inasmuch as
quantity is indicated as a percentage under Article 7(4) of
Directive 79/112/EEC and in mg on nutrition labelling;

Whereas under these circumstances,
it is necessary to
provide for further exceptions to the rule of indicating the
quantities of ingredients;

Whereas Article 7(4) of Directive 79/112/EEC states that
the quantity indicated, expressed as a percentage, must
correspond to the quantity of the ingredient or ingredi-
ents at the time of its/their use; whereas that paragraph
nevertheless provides for derogations from that principle;

Whereas, furthermore, the composition of certain food-
is appreciably changed by cooking or other
stuffs
processes causing dehydration of their ingredients;

Whereas a derogation from the method for calculating
the quantity of ingredients laid down by Article 7(4) of
Directive 79/112/EEC is necessary for these products in
order to better reflect the true composition of the food-
stuff and thereby avoid misleading the consumer;

Whereas Article 6(5)(a) of Directive 79/112/EEC applies
the same principle to the order of ingredients in the list
of ingredients;

Whereas Article 6 nevertheless provides for derogations
for certain foods or ingredients; whereas, for the sake of
consistency, the same derogations should be provided for
the method of calculating quantity;

the name under which the product

Whereas such particulars are regarded as an integral part
is sold or as
of
emphasising an ingredient within the meaning of Article
thereby
7(2)(a) and/or

(b) of Directive 79/112/EEC,

(1) OJ L 33, 8. 2. 1979, p. 1.
(2) OJ L 43, 14. 2. 1997, p. 21.
(3) OJ L 300, 23. 11. 1994, p. 14.
(4) OJ L 88, 5. 4. 1996, p. 5.
(5) OJ L 276, 6. 10. 1990, p. 40.

Whereas, in accordance with the principles of subsidiarity
and proportionality as set out in Article 3b of the Treaty,
the objectives of the proposed action to ensure the ef-
fective implementation of the principle of quantitative
indication of ingredients cannot be sufficiently achieved
by the Member States to the extent that the basic rules are
this
included
Directive is limited to the minimum required to achieve
those objectives and does not go beyond what is necessary
to that end;

legislation; whereas

in Community

16. 3. 1999

EN

Official Journal of the European Communities

L 69/23

Whereas the measures provided for in this Directive are
in accordance with the opinion of
the Standing
Committee on foodstuffs,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Article 7(2)(a) and (b) of Directive 79/112/EEC shall
1.
not apply in cases where the wording ‘with sweetener(s)'
or ‘with sugar(s) and sweetener(s)' accompanies the name
under which a foodstuff is sold, as provided for under
Directive 94/54/EC.

Article 7(2)(a) and (b) of Directive 79/112/EEC shall
2.
not apply to particulars relating to the addition of vit-
amins and minerals, in cases where those substances are
subject to nutrition labelling.

In the case of concentrated or dehydrated foods which are
intended to be reconstituted by the addition of water, the
quantity of the ingredients may be indicated on the basis
of
in the reconstituted
product.

their proportion by weight

Article 3

Member States shall, where necessary, adopt the necessary
laws, regulations and administrative provisions by 31
August 1999 at the latest so as to:

— allow trade in products complying with this Directive

by 1 September 1999 at the latest,

— prohibit trade in products not complying with this
Directive from 14 February 2000 at
the latest.
However, products placed on the market or labelled
before that date which do not comply with this
Directive may be marketed until stocks are exhausted.

Article 2

They shall forthwith inform the Commission thereof.

1.
By way of derogation from the principle established
in Article 7(4) of Directive 79/112/EEC, the provisions of
paragraphs 2 and 3 of this Article shall apply to the
indication of quantities of ingredients.

For foodstuffs which have lost moisture following
2.
heat
the quantity shall
treatment or other treatment,
correspond to the quantity of the ingredient or ingredi-
ents used, related to the finished product. The quantity
shall be expressed as a percentage.

However, when the quantity of an ingredient or the total
quantity of all the ingredients expressed on the labelling
exceeds 100 %, the percentage shall be replaced by the
weight of
the ingredient(s) used to prepare 100 g of
finished product.

3.
The quantity of volatile ingredients shall be indi-
cated on the basis of their proportion by weight in the
finished product.

The quantity of ingredients used in concentrated or de-
hydrated form and reconstituted during manufacture may
be indicated on the basis of their proportion by weight as
recorded before their concentration or dehydration.

When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied
by such a reference on the occasion of their official pub-
lication. Member States shall determine how such refer-
ence is to be made.

Article 4

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of
the European Communities.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 8 March 1999.

For the Commission

Martin BANGEMANN

Member of the Commission