1999/631/EC: Commission Decision of 10 September 1999 concerning a draft law of the Italian Republic on additional provisions for the labelling of beverages in ring-pull cans (notified under document number C(1999) 2897) (Text with EEA relevance) (Only the Italian text is authentic)
Date: 1999-09-10
Institutions: European Commission
Subjects: Italy, beverage, government bill, labelling, preparation for market

21. 9. 1999

EN

Official Journal of the European Communities

L 248/37

COMMISSION

COMMISSION DECISION

of 10 September 1999

concerning a draft law of the Italian Republic on additional provisions for the labelling of
beverages in ring-pull cans

(notified under document number C(1999) 2897)

(Only the Italian text is authentic)

(Text with EEA relevance)

(1999/631/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
foodstuffs (1), as last amended by Directive
advertising of
97/4/EC of the European Parliament and of the Council (2), and
in particular Articles 16 and 17 thereof,

(1) Whereas, in accordance with the procedure laid down in
Article 16(2) of Directive 79/112/EEC,
the Italian
authorities have notified the Commission of a draft law
on additional provisions for the labelling of beverages in
ring-pull cans;

(2) Whereas the said draft law requires the labelling of such
beverages to carry an indication of the type ‘clean top of
can before opening and avoid drinking directly from
can’;

(3) Whereas, in accordance with Article 16(2) of Directive
79/112/EEC, the Commission has consulted the other
Member States within the Standing Committee on Food-
stuffs;

(6) Whereas a more appropriate measure, constituting less
of an obstacle to the free movement of the beverages in
question, would be information campaigns to raise the
awareness of consumers; particularly young consumers,
regarding hygiene precautions to be taken when using
this type of can;

(7) Whereas the requirements of the notified draft law there-
fore appear excessive in relation to the objective in hand;

(8) Whereas this finding has prompted the Commission to
deliver a negative opinion,
in accordance with the
second subparagraph of Article 16(2) of Directive
79/112/EEC;

(9) Whereas for the Italian authorities to impose such an
obligation unilaterally would create new barriers to the
free movement of foodstuffs;

(10) Whereas the Italian authorities should therefore be asked

not to adopt this draft law;

(11) Whereas the measures laid down in this Decision are in
accordance with the opinion of the Standing Committee
on Foodstuffs,

(4) Whereas the hygiene measures advocated by the Italian
authorities for using this type of packaging are not in
question;

HAS ADOPTED THIS DECISION:

(5) Whereas, however, foodstuffs labelling is often not the
most appropriate way of educating consumers in food
hygiene;

Article 1

(1) OJ L 33, 8.2.1979, p. 1.
(2) OJ L 43, 14.2.1997, p. 21.

Italy is required not to adopt its draft law on additional provi-
sions for the labelling of beverages in ring-pull cans.

L 248/38

EN

Official Journal of the European Communities

21. 9. 1999

This Decision is addressed to the Italian Republic.

Article 2

Done at Brussels, 10 September 1999.

For the Commission

Karel VAN MIERT

Member of the Commission