Amended proposal for a directive of the European Parliament and of the Council 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: 1999-07-01
Institutions: European Commission
Subjects: advertising, alcoholic beverage, approximation of laws, foodstuff, labelling

27.6.2000

EN

Official Journal of the European Communities

C 177 E/11

Amended proposal for a directive of the European Parliament and of the Council amending
Directive 79/112/EEC on the approximation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs (1)

(2000/C 177 E/02)

(Text with EEA relevance)

COM(1999) 339 final (cid:151) 97/0027(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 1 July 1999)

(1) OJ C 106, 4.4.1997, p. 5.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Acting in accordance with the procedure referred to in Article
251 of the Treaty,

(1) Whereas Article 6(3) of Directive 79/112/EEC lays down
that (cid:145)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
this Directive,
following notification of
determine the rules for labelling ingredients(cid:146);

four years

(2) Whereas, in order to contribute to the achievement of a
high level of health and to the protection of the health of
consumers, it must be ensured that consumers are appro-
priately informed about foodstuffs, and especially alcoholic
beverages, inter alia through the listing of the ingredients
on labels; whereas the need for this is all the more urgent
since more
beverages whose
composition and presentation are obviously geared to
sales to young people have come onto the market
in
recent years; whereas common legislation on the labelling
of alcoholic beverages is essential for the expansion and
preservation of the internal market in these products;

and more

alcoholic

(3) Whereas the Commission’s earlier proposals in response to
this mandate (1) failed to win the agreement of the Member
States;

Unchanged

(4) Whereas account should be taken of the case-law of the
Court of Justice of the European Communities concerning
the labelling of alcoholic beverages (2);

___________
(1) OJ C 281, 26.10.1982, p. 3 (OJ C 122, 14.5.1992, p. 12).
(2) Judgment of 12.3.1987 in Case 178/84 (Beer Purity Law), and in

particular grounds 35 and 36.

C 177 E/12

EN

Official Journal of the European Communities

27.6.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

(5) Whereas it is for the Community legislator to adopt the

measures deriving from that case-law;

(6) Whereas, furthermore, the Scientific Committee for Food
set up by Commission Decision 97/579/EC (1) should be
consulted on any issue relating to Directive 79/112/EEC
likely to have an effect on public health,

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

1) Article 6(3) of Directive 79/112/EEC is hereby replaced by

1) Article 6(3) of Directive 79/112/EEC is hereby replaced by

the following:

the following:

(cid:145)3.
The rules for labelling the ingredients of beverages
containing more than 1,2 % alcohol by volume shall be
adopted within a period of

(cid:145)3.
The rules for labelling the ingredients of beverages
containing more than 1,2 % alcohol by volume shall be
adopted within a period of five years starting on 1 July
2000

(a)

in the case of:

(a)

in the case of:

(cid:151) wines (1), including sparkling wines (2), liqueur wines
and semi-sparkling wines (3) offered for sale to the
consumer;

(cid:151) wines (1), including sparkling wines (2), liqueur wines
and semi-sparkling wines (3) offered for sale to the
consumer;

(cid:151) partially fermented grape must (2)

(cid:151) partially fermented grape must (2)

(cid:151) spirituous beverages (4),

(cid:151) aromatised wines (5),

(cid:151) spirituous beverages (4),

(cid:151) aromatised wines, aromatised wine-based beverages

and aromatised wine-product cocktails (5),

within the framework of
provisions applicable to them;

the specific Community

within the framework of
provisions applicable to them;

the specific Community

(b) in the case of, in accordance with the procedure laid

down in Article 17.

(b) in the case of each category of other products,

in
accordance with the procedure laid down in Article 17.

The rules adopted in accordance with these procedures shall
enter into force simultaneously for the beverages covered by
points (a) and (b) of this paragraph.

The rules adopted in accordance with these procedures shall
enter into force simultaneously for the beverages covered by
points (a) and (b) of this paragraph.

these products the list of

For all
preceded by the words (cid:147)prepared with(cid:148).
___________
(1) Council Regulation (EEC) No 2392/89 (OJ L 232,

ingredients shall be

these products the list of

For all
preceded by the words (cid:147)prepared with(cid:148).
___________
(1) Council Regulation (EEC) No 2392/89 (OJ L 232,

ingredients shall be

9.8.1989, p. 13).

9.8.1989, p. 13).

(2) Council Regulation (EEC) No 2333/92 (OJ L 231,

(2) Council Regulation (EEC) No 2333/92 (OJ L 231,

13.8.1992, p. 9).

13.8.1992, p. 9).

(3) Council Regulation (EEC) No 3895/91 (OJ L 368,

(3) Council Regulation (EEC) No 3895/91 (OJ L 368,

31.12.1991, p. 1).

31.12.1991, p. 1).

(4) Council Regulation (EEC) No 1576/89 (OJ L 160,

(4) Council Regulation (EEC) No 1576/89 (OJ L 160,

12.6.1989, p. 1).

12.6.1989, p. 1).

(5) Council Regulation (EEC) No 1601/91(OJ L 149,

(5) Council Regulation (EEC) No 1601/91 (OJ L 149,

14.6.1991, p. 1).(cid:146)

14.6.1991, p. 1).(cid:146)

___________
(1) OJ L 237, 28.8.1997, p. 18.

27.6.2000

EN

Official Journal of the European Communities

C 177 E/13

INITIAL PROPOSAL

AMENDED PROPOSAL

2) The following article is inserted:

(cid:145)Article 14a

The Scientific Committee for Food shall be consulted on all
issues relating to this Directive which may have an effect
upon public health.(cid:146)

Article 2

Unchanged

This Directive is addressed to the Member States.