Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs
Date: 2000-03-20
Institutions: Council of the European Union, European Parliament
Subjects: advertising, approximation of laws, consumer information, foodstuff, labelling, packaging

6.5.2000

EN

Official Journal of the European Communities

L 109/29

DIRECTIVE 2000/13/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 March 2000

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal of the Commission,

Having regard to the opinion of the Economic and Social
Committee (1),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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 (3) has been frequently and substantially
amended (4). Therefore, for reasons of clarity and ration-
ality, the said Directive should be consolidated in a
single text.

Differences between the laws, regulations and adminis-
trative provisions of the Member States on the labelling
of foodstuffs may impede the free circulation of these
products and can lead to unequal
conditions of
competition.

Therefore, approximation of these laws would contrib-
ute to the smooth functioning of the internal market.

The purpose of
this Directive should be to enact
Community rules of a general nature applicable horizon-
tally to all foodstuffs put on the market.

Rules of a specific nature which apply vertically only to
particular foodstuffs should be laid down in provisions
dealing with those products.

The prime consideration for any rules on the labelling of
foodstuffs should be the need to inform and protect the
consumer.

That need means that Member States may, in compli-
ance with the rules of
impose language
requirements.

the Treaty,

(1) OJ C 258, 10.9.1999, p. 12.
(2) Opinion of the European Parliament of 18 January 2000 (not yet
and Council Decision of

Journal)

published in the Official
13 March 2000.

(3) OJ L 33, 8.2.1979, p. 1. Directive as last amended by Directive
97/4/EC of the European Parliament and of the Council (OJ L 43,
14.2.1997, p. 21).
(4) See Annex IV, Part B.

(8)

(9)

Detailed labelling, in particular giving the exact nature
and characteristics of the product which enables the
consumer to make his choice in full knowledge of the
facts,
is the most appropriate since it creates fewest
obstacles to free trade.

Therefore, a list should be drawn up of all information
which should in principle be included in the labelling of
all foodstuffs.

(10) However, the horizontal nature of this Directive does
not allow, at
the inclusion in the
the initial stage,
compulsory indications of all the indications which must
be added to the list applying in principle to the whole
range of foodstuffs. During a later stage, Community
provisions should be adopted, aimed at supplementing
the existing rules.

(11)

(12)

(13)

(14)

Furthermore, in the absence of Community rules of a
specific nature Member States should retain the right to
lay down certain national provisions which may be
added to the general provisions of this Directive, never-
to a
theless
Community procedure.

these provisions

should be

subject

The said Community procedure must be that of a
Community decision when a Member State wishes to
enact new legislation.

Provision should also be made for the Community legis-
lator to derogate, in exceptional cases, from certain obli-
gations that have been fixed generally.

The rules on labelling should also prohibit the use of
information that would mislead the purchaser or attri-
bute medicinal properties to foodstuffs. To be effective,
this prohibition should also apply to the presentation
and advertising of foodstuffs.

(15) With a view to facilitating trade between Member States,
it may be provided that, at stages prior to sale to the
ultimate consumer, only information on the essential
elements should appear on the outer packaging and
certain mandatory particulars that must appear on a
prepackaged foodstuff need appear only on commercial
documents referring thereto.

(16) Member States should retain the right, depending on
local practical conditions and circumstances,
to lay
down rules in respect of the labelling of foodstuffs sold
in bulk; in such cases, information should nevertheless
be provided for the consumer.

L 109/30

EN

Official Journal of the European Communities

6.5.2000

(17) With the aim of simplifying and accelerating the pro-
cedure, the Commission should be entrusted with the
task of adopting implementing measures of a technical
nature.

(18)

(19)

The measures necessary for the implementing of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

This Directive should be without prejudice to the obliga-
tions of the Member States concerning the time limits
for transposition of the Directives set out in Annex IV,
Part B,

(b) subject

to Community provisions applicable to natural
mineral waters and foodstuffs for particular nutritional
uses, attribute to any foodstuff the property of preventing,
treating or curing a human disease, or refer to such
properties.

2.
The Council, in accordance with the procedure laid down
in Article 95 of the Treaty, shall draw up a non-exhaustive list
of the claims within the meaning of paragraph 1, the use of
which must at all events be prohibited or restricted.

The prohibitions or restrictions referred to in paragraphs

3.
1 and 2 shall also apply to:

(a) the presentation of foodstuffs,

in particular their shape,
appearance or packaging, the packaging materials used, the
way in which they are arranged and the setting in which
they are displayed;

HAVE ADOPTED THIS DIRECTIVE:

(b) advertising.

Article 1

Article 3

This Directive concerns the labelling of foodstuffs to be
1.
delivered as such to the ultimate consumer and certain aspects
relating to the presentation and advertising thereof.

This Directive shall apply also to foodstuffs intended for
2.
supply to restaurants, hospitals, canteens and other similar
mass caterers (hereinafter referred to as ‘mass caterers’).

3.

For the purpose of this Directive,

(a) ‘labelling’ shall mean any words, particulars, trade marks,
brand name, pictorial matter or symbol relating to a food-
stuff and placed on any packaging, document, notice, label,
ring or collar accompanying or referring to such foodstuff;

(b) ‘pre-packaged foodstuff’ shall mean any single item for
presentation as such to the ultimate consumer and to mass
caterers, consisting of a foodstuff and the packaging into
which it was put before being offered for sale, whether
such packaging encloses the foodstuff completely or only
partially, but in any case in such a way that the contents
cannot be altered without opening or changing the
packaging.

Article 2

1.

The labelling and methods used must not:

(a) be such as could mislead the purchaser to a material

degree, particularly:

(i) as to the characteristics of the foodstuff and, in par-
ticular, as to its nature, identity, properties, composi-
tion, quantity, durability, origin or provenance,
method of manufacture or production;

(ii) by attributing to the foodstuff effects or properties

which it does not possess;

(iii) by suggesting that the foodstuff possesses special char-
acteristics when in fact all similar foodstuffs possess
such characteristics;

(1) OJ L 184, 17.7.1999, p. 23.

1.
In accordance with Articles 4 to 17 and subject to the
exceptions contained therein, indication of the following par-
ticulars alone shall be compulsory on the labelling of food-
stuffs:

(1) the name under which the product is sold;

(2) the list of ingredients;

(3) the quantity of certain ingredients or categories of ingredi-

ents as provided for in Article 7;

(4) in the case of prepackaged foodstuffs, the net quantity;

(5) the date of minimum durability or, in the case of food-
stuffs which, from the microbiological point of view, are
highly perishable, the ‘use by’ date;

(6) any special storage conditions or conditions of use;

(7) the name or business name and address of the manufac-
turer or packager, or of a seller established within the
Community.

the Member States shall be authorised,

in
However,
respect of butter produced in their territory, to require
only an indication of the manufacturer, packager or seller.

Without prejudice to the notification provided for in
Article 24, Member States shall inform the Commission
and the other Member States of any measure taken
pursuant to the second paragraph;

(8) particulars of the place of origin or provenance where
such particulars might mislead the
failure
consumer to a material degree as to the true origin or
provenance of the foodstuff;

to give

(9) instructions for use when it would be impossible to make
appropriate use of the foodstuff in the absence of such
instructions;

(10) with respect to beverages containing more than 1,2 % by
the actual alcoholic strength by

volume of alcohol,
volume.

6.5.2000

EN

Official Journal of the European Communities

L 109/31

Notwithstanding the previous paragraph, Member States
2.
may retain national provisions which require indication of the
factory or packaging centre, in respect of home production.

The provisions of this Article shall be without prejudice
3.
to more precise or more extensive provisions regarding weights
and measures.

Article 4

1.
Community provisions applicable to specified foodstuffs
and not to foodstuffs in general may provide for derogations,
in exceptional cases,
from the requirements laid down in
Article 3(1), points 2 and 5, provided that this does not result
in the purchaser being inadequately informed.

Community provisions applicable to specified foodstuffs
2.
and not to foodstuffs in general may provide that other par-
ticulars in addition to those listed in Article 3 must appear on
the labelling.

Where there are no Community provisions, Member States
may make provision for such particulars in accordance with
the procedure laid down in Article 19.

3.
The Community provisions referred to in paragraphs 1
and 2 shall be adopted in accordance with the procedure laid
down in Article 20(2).

(c) In exceptional cases, the sales name of the Member State of
production shall not be used in the Member State of
marketing when the foodstuff which it designates is so
different, as regards its composition or manufacture, from
the foodstuff known under that name that the provisions
of point (b) are not sufficient to ensure, in the Member
State of marketing, correct information for consumers.

2.
No trade mark, brand name or fancy name may be
substituted for the name under which the product is sold.

3.
The name under which the product is sold shall include
or be accompanied by particulars as to the physical condition
of the foodstuff or the specific treatment which it has under-
gone (e.g. powdered, freeze-dried, deep-frozen, concentrated,
smoked) in all cases where omission of such information could
create confusion in the mind of the purchaser.

Any foodstuff which has been treated with ionising radiation
must bear one of the following indications:

— in Spanish:

‘irradiado’ or ‘tratado con radiación ionizante’,

— in Danish:

‘bestrålet/…’ or ‘strålekonserveret’ or ‘behandlet med ioni-
serende stråling’ or ‘konserveret med ioniserende stråling’,

— in German:

‘bestrahlt’ or ‘mit ionisierenden Strahlen behandelt’,

— in Greek:

‘επεξεργασµένο µε ιονίζουσα ακτινοβολία’ or ‘ακτινοβοληµένο’,

— in English:

Article 5

‘irradiated’ or ‘treated with ionising radiation’,

The name under which a foodstuff is sold shall be the
1.
name provided for in the Community provisions applicable to
it.

(a) In the absence of Community provisions, the name under
which a product is sold shall be the name provided for in
the laws, regulations and administrative provisions applic-
able in the Member State in which the product is sold to
the final consumer or to mass caterers.

Failing this, the name under which a product is sold shall
be the name customary in the Member State in which it is
sold to the final consumer or to mass caterers, or a descrip-
tion of the foodstuff, and if necessary of its use, which is
clear enough to let the purchaser know its true nature and
distinguish it from other products with which it might be
confused.

(b) The use in the Member State of marketing of the sales
name under which the product is legally manufactured and
marketed in the Member State of production shall also be
allowed.

— in France:

‘traité par rayonnements ionisants’ or ‘traité par ionisation’,

— in Italian:

‘irradiato’ or ‘trattato con radiazioni

ionizzanti’,

— in Dutch:

‘doorstraald’ or
ioniserende stralen behandeld’,

‘door bestraling behandeld’ or

‘met

— in Portuguese:

‘irradiado’ or ‘tratado por irradiação’ or ‘tratado por radi-
ação ionizante’,

— in Finnish:

‘säteilytetty’ or ‘käsitelty ionisoivalla säteilyllä’,

— in Swedish:

‘bestrålad’ or ‘behandlad med joniserande strålning’.

Article 6

However, where the application of the other provisions of
this Directive, in particular those set out in Article 3, would
not enable consumers in the Member State of marketing to
know the true nature of the foodstuff and to distinguish it
from foodstuffs with which they could confuse it, the sales
name shall be accompanied by other descriptive informa-
tion which shall appear in proximity to the sales name.

Ingredients shall be listed in accordance with this Article

1.
and Annexes I, II and III.

2.

Ingredients need not be listed in the case of:

(a) — fresh fruit and vegetables,

including potatoes, which

have not been peeled, cut or similarly treated,

L 109/32

EN

Official Journal of the European Communities

6.5.2000

— carbonated water, the description of which indicates

However:

that it has been carbonated,

— fermentation vinegars derived exclusively from a single
basic product, provided that no other ingredient has
been added;

(b) — cheese,

— butter,

— fermented milk and cream,

provided that no ingredient has been added other than lactic
products, enzymes and micro-organism cultures essential to
manufacture, or the salt needed for the manufacture of
cheese other than fresh cheese and processed cheese;

(c) products comprising a single ingredient, where:

— the trade name is identical with the ingredient name, or

— the trade name enables the nature of the ingredient to

be clearly identified.

In the case of beverages containing more than 1,2 % by
3.
volume of alcohol, the Council, acting on a proposal from the
Commission, shall, before 22 December 1982, determine the
rules for labelling ingredients.

4.

(a) ‘Ingredient’ shall mean any substance,

including addi-
tives, used in the manufacture or preparation of a food-
stuff and still present in the finished product, even if in
altered form.

— added water and volatile products shall be listed in order of
their weight in the finished product; the amount of water
added as an ingredient in a foodstuff shall be calculated by
deducting from the total amount of the finished product
the total amount of
ingredients used. This
the other
amount need not be taken into consideration if it does not
exceed 5 % by weight of the finished product,

— ingredients used in concentrated or dehydrated form and
reconstituted at the time of manufacture may be listed in
order of weight as recorded before their concentration or
dehydration,

— in the case of concentrated or dehydrated foods which are
intended to be reconstituted by the addition of water, the
ingredients may be listed in order of proportion in the
reconstituted product provided that the list of ingredients is
accompanied by an expression such as ‘ingredients of the
reconstituted product’, or ‘ingredients of the ready-to-use
product’,

— in the case of mixtures of fruit or vegetables where no
particular fruit or vegetable significantly predominates in
proportion by weight, those ingredients may be listed in
ingredients is
another order provided that
accompanied by an expression such as
‘in variable
proportion’,

list of

that

— in the case of mixtures of spices or herbs, where none
significantly predominates in proportion by weight, those
ingredients may be listed in another order provided that
that list of ingredients is accompanied by an expression
such as ‘in variable proportion’.

(b) Where an ingredient of the foodstuff is itself the product
ingredients, the latter shall be regarded as

of several
ingredients of the foodstuff in question.

6.
Ingredients shall be designated by their specific name,
where applicable, in accordance with the rules laid down in
Article 5.

(c) The following shall not be regarded as ingredients:

However:

(i) the constituents of an ingredient which have been
temporarily separated during the manufacturing
process and later reintroduced but not in excess of
their original proportions;

(ii) additives:

— whose presence in a given foodstuff is solely
due to the fact that they were contained in one
or more ingredients of that foodstuff, provided
that they serve no technological function in the
finished product,

— which are used as processing aids;

(iii) substances used in the quantities strictly necessary
as solvents or media for additives or flavouring.

(d) In certain cases Decisions may be taken in accordance
with the procedure laid down in Article 20(2) as to
whether the conditions described in point (c)(ii) and (iii)
are satisfied.

5.
The list of ingredients shall include all the ingredients of
the foodstuff, in descending order of weight, as recorded at the
time of their use in the manufacture of the foodstuff. It shall
appear preceded by a suitable heading which includes the word
‘ingredients’.

— ingredients which belong to one of the categories listed in
Annex I and are constituents of another foodstuff need only
be designated by the name of that category.

Alterations to the list of categories in Annex I may be
effected in accordance with the procedure laid down in
Article 20(2).

However, the designation ‘starch’
listed in Annex I must
always be complemented by the indication of its specific
vegetable origin, when that ingredient may contain gluten,

— ingredients belonging to one of the categories listed in
Annex II must be designated by the name of that category,
followed by their specific name or EC number; if an ingre-
dient belongs to more than one of the categories, the
category appropriate to the principal function in the case of
the foodstuff in question shall be indicated.

Amendments to this Annex based on advances in scientific
and technical knowledge shall be adopted in accordance
with the procedure laid down in Article 20(2).

However, the designation ‘modified starch’ listed in Annex
II must always be complemented by the indication of its
specific vegetable origin, when that ingredient may contain
gluten,

6.5.2000

EN

Official Journal of the European Communities

L 109/33

— flavourings
Annex III,

shall be designated in accordance with

(d) in the cases determined in accordance with the procedure

— the specific Community provisions governing the indication
of treatment of an ingredient with ionising radiation shall
be adopted subsequently in accordance with Article 95 of
the Treaty.

7.
Community provisions or, where there are none, national
provisions may lay down that the name under which a specific
foodstuff is sold is to be accompanied by mention of a par-
ticular ingredient or ingredients.

The procedure laid down in Article 19 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 20(2).

8.
In the case referred to in paragraph 4(b), a compound
ingredient may be included in the list of ingredients, under its
own designation in so far as this is laid down by law or
established by custom, in terms of its overall weight, provided
that it is immediately followed by a list of its ingredients.

Such a list, however, shall not be compulsory:

(a) where the compound ingredient constitutes less than 25 %
of the finished product; however, this exemption shall not
apply in the case of additives, subject to the provisions of
paragraph 4(c);

(b) where the compound ingredient is a foodstuff for which a
list of ingredients is not required under Community rules.

Notwithstanding paragraph 5 the water content need not

9.
be specified:

(a) where the water is used during the manufacturing process
solely for the reconstitution of an ingredient used in
concentrated or dehydrated form;

(b) in the case of a liquid medium which is not normally

consumed.

laid down in Article 20(2).

3.

Paragraph 2 shall not apply:

(a) to an ingredient or category of ingredients:

— the drained net weight of which is indicated in accord-

ance with Article 8(4), or

— the quantities of which are already required to be given
on the labelling under Community provisions, or

— which is used in small quantities for the purposes of

flavouring, or

— which, while appearing in the name under which the
food is sold, is not such as to govern the choice of the
consumer in the country of marketing because the
variation in quantity is not essential to characterise the
foodstuff or does not distinguish it from similar foods.
In cases of doubt it shall be decided by the procedure
laid down in Article 20(2) whether the conditions laid
down in this indent are fulfilled;

(b) where specific Community provisions stipulate precisely
the quantity of an ingredient or of a category of ingredients
without providing for
the indication thereof on the
labelling;

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

Article 6(5);

(d) in the cases determined in accordance with the procedure

laid down in Article 20(2).

The quantity indicated, expressed as a percentage, shall
4.
correspond to the quantity of the ingredient or ingredients at
the time of its/their use. However, Community provisions may
allow for derogations from this principle for certain foodstuffs.
Such provisions shall be adopted in accordance with the proce-
dure laid down in Article 20(2).

5.
The indication referred to in paragraph 1 shall appear
either in or immediately next to the name under which the
foodstuff is sold or in the list of ingredients in connection with
the ingredient or category of ingredients in question.

Article 7

This Article shall apply without prejudice to Community

6.
rules on nutrition labelling for foodstuffs.

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.

The indication referred to in paragraph 1 shall be

2.
compulsory:

(a) where the ingredient or category of ingredients concerned
appears in the name under which the foodstuff is sold or is
usually associated with that name by the consumer; or

(b) where the ingredient or category of ingredients concerned
is emphasised on the labelling in words, pictures or
graphics; or

(c) where the ingredient or category of ingredients concerned
is essential to characterise a foodstuff and to distinguish it
from products with which it might be confused because of
its name or appearance; or

Article 8

The net quantity of prepackaged foodstuffs shall be

1.
expressed:

— in units of volume in the case of liquids,

— in units of mass in the case of other products,

using the litre, centilitre, millilitre, kilogram or gram, as
appropriate.

Community provisions or, where there are none, national
provisions applicable to certain specified foodstuffs may
derogate from this rule.

The procedure laid down in Article 19 shall apply to any such
national provisions.

L 109/34

EN

Official Journal of the European Communities

6.5.2000

2.

(a) Where the indication of a certain type of quantity (e.g.
nominal quantity, minimum quantity, average quantity)
is required by Community provisions or, where there
are none, by national provisions, this quantity shall be
regarded as the net quantity for the purposes of this
Directive.

Without prejudice to the notification provided for in
Article 24, Member States shall inform the Commission
and the other Member States of any measure taken
pursuant to this point.

(b) Community provisions or, where there are none,
national provisions may, for certain specified foodstuffs
classified by quantity in categories, require other indica-
tions of quantity.

The procedure laid down in Article 19 shall apply to
any such national provisions.

(c) Where a prepackaged item consists of two or more
individual prepackaged items containing the same
quantity of the same product, the net quantity shall be
indicated by mentioning the net quantity contained in
each individual package and the total number of such
packages.
shall not,
however, be compulsory where the total number of
individual packages can be clearly seen and easily
counted from the outside and where at least one indica-
tion of the net quantity contained in each individual
package can be clearly seen from the outside.

these particulars

Indication of

(d) Where a prepackaged item consists of two or more
individual packages which are not regarded as units of
sale, the net quantity shall be given by indicating the
total net quantity and the total number of individual
packages. Community provisions or, where there are
none, national provisions need not,
in the case of
certain foodstuffs, require indication of the total number
of individual packages.

Without prejudice to the notification provided for in
Article 24, Member States shall inform the Commission
and the other Member States of any measure taken
pursuant to this point.

aqueous solutions of sugars, aqueous solutions of other sweet-
ening substances, fruit or vegetable juices in the case of fruit or
vegetables.

This list may be supplemented in accordance with the proce-
dure laid down in Article 20(2).

Methods of checking the drained net weight shall be deter-
mined in accordance with the procedure laid down in
Article 20(2).

It shall not be compulsory to indicate the net quantity in

5.
the case of foodstuffs:

(a) which are subject to considerable losses in their volume or
mass and which are sold by number or weighed in the
presence of the purchaser;

(b) the net quantity of which is less than 5 g or 5 ml;
however, this provision shall not apply to spices and herbs.

Community provisions or, where there are none, national
provisions applicable to specified foodstuffs may in exceptional
cases lay down thresholds which are higher than 5 g or 5 ml
provided that this does not result in the purchaser being in-
adequately informed.

Without prejudice to the notification provided for in Article
24, Member States shall inform the Commission and the other
to this
Member States of any measure taken pursuant
paragraph.

6.
The Community provisions referred to in paragraphs 1,
second subparagraph, 2(b) and (d) and 5, second subparagraph,
shall be adopted in accordance with the procedure laid down in
Article 20(2).

Article 9

1.
The date of minimum durability of a foodstuff shall be
the date until which the foodstuff retains its specific properties
when properly stored.

It shall be indicated in accordance with paragraphs 2 to 5.

In the case of

3.
foodstuffs normally sold by number,
Member States need not require indication of the net quantity
provided that the number of items can clearly be seen and
easily counted from the outside or, if not, is indicated on the
labelling.

2.

The date shall be preceded by the words:

— ‘Best before …’ when the date includes an indication of the

day,

— ‘Best before end …’

in other cases.

Without prejudice to the notification provided for in Article
24, Member States shall inform the Commission and the other
Member States of any measure taken pursuant
to this
paragraph.

The words referred to in paragraph 2 shall be accom-

3.
panied by:

— either the date itself, or
— a reference to where the date is given on the labelling.

4. Where a solid foodstuff is presented in a liquid medium,
the drained net weight of the foodstuff shall also be indicated
on the labelling.

If need be, these particulars shall be followed by a description
of
the
the storage conditions which must be observed if
product is to keep for the specified period.

For the purposes of this paragraph, ‘liquid medium’ shall mean
the following products, possibly in mixtures and also where
frozen or quick-frozen, provided that the liquid is merely an
adjunct to the essential elements of that preparation and is thus
not a decisive factor for the purchase: water, aqueous solutions
food acids, vinegar,
of salts, brine, aqueous solutions of

The date shall consist of the day, month and year in

4.
uncoded chronological form.

However,

in the case of foodstuffs:

— which will not keep for more than three months, an indica-

tion of the day and the month will suffice,

6.5.2000

EN

Official Journal of the European Communities

L 109/35

— which will keep for more than three months but not more
than 18 months, an indication of the month and year will
suffice,

— which will keep for more than 18 months, an indication of

the year will suffice.

— in Finnish:

‘viimeinen käyttöajankohta’,

— in Swedish:

‘sista förbrukningsdag’.

These words shall be accompanied by:

— either the date itself, or

The manner of indicating the date may be specified according
to the procedure laid down in Article 20(2).

5.
Subject to Community provisions imposing other types
of date indication, an indication of the durability date shall not
be required for:

— fresh fruit and vegetables, including potatoes, which have
not been peeled, cut or similarly treated. This derogation
shall not apply to sprouting seeds and similar products
such as legume sprouts,

— wines, liqueur wines, sparkling wines, aromatised wines and
similar products obtained from fruits other than grapes,
and beverages
falling within CN codes 2206 00 91,
2206 00 93 and 2206 00 99 and manufactured from
grapes or grape musts,

— beverages containing 10 % or more by volume of alcohol,

— soft drinks, fruit juices, fruit nectars and alcoholic beverages
in individual containers of more than five litres, intended
for supply to mass caterers,

— bakers' or pastry cooks' wares which, given the nature of
their content, are normally consumed within 24 hours of
their manufacture,

— vinegar,

— cooking salt,

— solid sugar,

— confectionery

products

consisting

almost

solely

of

flavoured and/or coloured sugars,

— chewing gums and similar chewing products,

— individual portions of ice-cream.

Article 10

In the case of foodstuffs which, from the microbiological
1.
point of view, are highly perishable and are therefore likely
after a short period to constitute an immediate danger to
human health,
the date of minimum durability shall be
replaced by the ‘use by’ date.

2.

The date shall be preceded by the words:

— in Spanish:

‘fecha de caducidad’,

— in Danish:

‘sidste anvendelsesdato’,

— in German:

‘verbrauchen bis’,

— in Greek:

‘ανάλωση µέχρι’,

— in English:

‘use by’,

— in French:

‘à consommer jusqu'au’,

— in Italian:

‘da consumare entro’,

— in Dutch:

‘te gebruiken tot’,

— in Portuguese:

‘a consumir até’,

— a reference to where the date is given on the labelling.

These particulars shall be followed by a description of the
storage conditions which must be observed.

3.
possibly, the year,

The date shall consist of

the day,
in that order and in uncoded form.

the month and,

4.
In some cases it may be decided by the procedure laid
down in Article 20(2) whether the conditions laid down in
paragraph 1 are fulfilled.

Article 11

1.
The instructions for use of a foodstuff shall be indicated
in such a way as to enable appropriate use to be made thereof.

2.
Community provisions or, where there are none, national
provisions may, in the case of certain foodstuffs, specify the
way in which the instructions for use should be indicated.

The procedure laid down in Article 19 shall apply to such
national provisions.

The Community provisions referred to in this paragraph shall
be adopted in accordance with the procedure laid down in
Article 20(2).

Article 12

The rules concerning indication of the alcoholic strength by
volume shall, in the case of products covered by tariff heading
Nos 22.04 and 22.05, be those laid down in the specific
Community provisions applicable to such products.

In the case of other beverages containing more than 1,2 % by
volume of alcohol, these rules shall be laid down in accordance
with the procedure provided for in Article 20(2).

Article 13

1.

(a) When the foodstuffs are prepackaged, the particulars
provided for in Articles 3 and 4(2) shall appear on the
prepackaging or on a label attached thereto.

(b) Notwithstanding point

(a) and without prejudice to
Community provisions on nominal quantities, where
prepackaged foodstuffs are:

— intended for the ultimate consumer but marketed at
a stage prior to sale to the ultimate consumer and
where sale to a mass caterer is not involved at that
stage,

— intended for supply to mass caterers for preparation,

processing, splitting or cutting up,

L 109/36

EN

Official Journal of the European Communities

6.5.2000

the particulars required under Articles 3 and 4(2) need
appear only on the commercial documents referring to
the foodstuffs where it can be guaranteed that such
documents, containing all
the labelling information,
either accompany the foodstuffs to which they refer or
were sent before or at the same time as delivery.

(c) In the case referred to in point

the particulars
referred to in Article 3(1) point 1, 5 and 7 and, where
appropriate, that referred to in Article 10, shall also
appear on the external packaging in which the food-
stuffs are presented for marketing.

(b),

2.
The particulars mentioned in Article 3 and Article 4(2)
shall be easy to understand and marked in a conspicuous place
in such a way as to be easily visible, clearly legible and
indelible.

They shall not in any way be hidden, obscured or interrupted
by other written or pictorial matter.

The particulars listed in Article 3(1), points 1, 4, 5 and 10

3.
shall appear in the same field of vision.

This requirement may be extended to the particulars provided
for in Article 4(2).

In the case of the glass bottles intended for reuse which
4.
are indelibly marked and which therefore bear no label, ring or
collar and packaging or containers the largest surface of which
has an area of less than 10 cm2 only the particulars listed in
Article 3(1) points 1, 4 and 5 need be given.

In this case, paragraph 3 shall not apply.

5.
Ireland, the Netherlands and the United Kingdom may
derogate from Article 3(1) and paragraph 3 of this Article in
the case of milk and milk products put up in glass bottles
intended for reuse.

They shall
pursuant to the first subparagraph.

inform the Commission of any measure taken

Article 14

Where foodstuffs are offered for sale to the ultimate consumer
or to mass caterers without prepackaging, or where foodstuffs
are packaged on the sales premises at the consumer's request or
prepackaged for direct sale, the Member States shall adopt
detailed rules concerning the manner in which the particulars
specified in Article 3 and Article 4(2) are to be shown.

They may decide not to require the provision of all or some of
these particulars, provided that the purchaser still receives suffi-
cient information.

Article 15

This Directive shall not affect the provisions of national laws
which, in the absence of Community provisions, impose less
stringent requirements for the labelling of foodstuffs presented
in fancy packaging such as figurines or souvenirs.

Article 16

1. Member States shall ensure that the sale is prohibited
within their own territories of foodstuffs for which the particu-
lars provided for in Article 3 and Article 4(2) do not appear in
a language easily understood by the consumer, unless the
consumer is in fact informed by means of other measures
determined in accordance with the procedure laid down in
Article 20(2) as regards one or more labelling particulars.

2. Within its own territory, the Member State in which the
product is marketed may, in accordance with the rules of the
Treaty, stipulate that those labelling particulars shall be given in
one or more languages which it shall determine from among
the official

languages of the Community.

Paragraphs 1 and 2 shall not preclude the labelling par-

3.
ticulars from being indicated in several

languages.

Article 17

Member States shall refrain from laying down requirements
more detailed than those already contained in Articles 3 to 13
concerning the manner in which the particulars provided for in
Article 3 and Article 4(2) are to be shown.

Article 18

1. Member States may not forbid trade in foodstuffs which
comply with the rules laid down in this Directive by the
application of non-harmonised national provisions governing
the labelling and presentation of certain foodstuffs or of food-
stuffs in general.

Paragraph 1 shall not apply to non-harmonised national

2.
provisions justified on grounds of:

— protection of public health,
— prevention of fraud, unless such provisions are liable to
impede the application of the definitions and rules laid
down by this Directive,

— protection of industrial and commercial property rights,
indications of provenance, registered designations of origin
and prevention of unfair competition.

Article 19

Where reference is made to this Article, the following proced-
ure shall apply should a Member State deem it necessary to
adopt new legislation.

It shall notify the Commission and the other Member States of
the measures envisaged and give the reasons justifying them.
The Commission shall consult the Member States within the
Standing Committee on Foodstuffs set up by Council Decision
69/414/EEC (1) if it considers such consultation to be useful or
if a Member State so requests.

Member States may take such envisaged measures only three
months after such notification and provided that the Commis-
sion's opinion is not negative.

(1) OJ L 291, 29.11.1969, p. 9.

6.5.2000

EN

Official Journal of the European Communities

L 109/37

the above-
In the latter event, and before the expiry of
mentioned period, the Commission shall initiate the procedure
provided for in Article 20(2) in order to determine whether the
envisaged measures may be implemented subject, if necessary,
to the appropriate modifications.

Article 24

Member States shall ensure that the Commission receives the
text of any essential provision of national law which they adopt
in the field governed by this Directive.

Article 20

Article 25

The Commission shall be assisted by the Standing
‘the
(hereinafter

referred to as

1.
Committee on Foodstuffs
Committee’).

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 21

If temporary measures prove necessary to facilitate the applica-
tion of this Directive, they shall be adopted in accordance with
the procedure provided for in Article 20(2).

This Directive shall also apply to the French overseas depart-
ments.

Article 26

1.
Directive 79/112/EEC as amended by the Directives
referred to in Annex IV, Part A, is repealed, without prejudice
to the obligations of the Member States in respect of the
deadlines for transposition laid down in Annex IV, Part B.

2.
The reference made to the repealed Directive shall be
construed as references to this Directive and should be read in
accordance with the correlation table set out in Annex V.

Article 27

Article 22

This Directive enters into force on the 20th day following its
publication in the Official Journal of the European Communities.

This Directive shall not affect Community provisions relating
to the labelling and presentation of certain foodstuffs already
adopted on 22 December 1978.

Any amendments necessary to harmonise such provisions with
the rules laid down in this Directive shall be decided in accord-
ance with the procedure applicable to each of the provisions in
question.

Article 28

This Directive is addressed to the Member States.

Done at Brussels, 20 March 2000.

Article 23

This Directive shall not apply to products for export outside
the Community.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

J. GAMA

L 109/38

EN

Official Journal of the European Communities

6.5.2000

CATEGORIES OF INGREDIENTS WHICH MAY BE DESIGNATED BY THE NAME OF THE CATEGORY
RATHER THAN THE SPECIFIC NAME

ANNEX I

Definition

Designation

Refined oils other than olive oil

Refined fats

Mixtures of flour obtained from two or more cereal species

‘Oil’, together with
— either the adjective ‘vegetable’ or ‘animal’, as appropriate, or
— an indication of their specific vegetable or animal origin
The adjective ‘hydrogenated’ must accompany the indication of a
hydrogenated oil

‘Fat’, together with
— either the adjective ‘vegetable’ or ‘animal’, as appropriate, or
— an indication of their specific vegetable or animal origin
The adjective ‘hydrogenated’ must accompany the indication of a
hydrogenated fat

‘Flour’, followed by a list of the cereals from which it has been obtained,
in descending order by weight

Starches, and starches modified by physical means or by enzymes

‘Starch’

All species of fish where the fish constitutes an ingredient of another
foodstuff and provided that the name and presentation of such food-
stuff does not refer to a specific species of fish

All types of cheese where the cheese or mixture of cheeses constitutes
an ingredient of another foodstuff and provided that the name and
presentation of such foodstuff does not refer to a specific type of cheese

‘Fish’

‘Cheese’

All spices not exceeding 2 % by weight of the foodstuff

‘Spice(s)’ or ‘mixed spices’

All herbs or parts of herbs not exceeding 2 % by weight of the foodstuff

‘Herb(s)’ or ‘mixed herbs’

All types of gum preparations used in the manufacture of gum base for
chewing gum

‘Gum base’

All types of crumbed baked cereal products

‘Crumbs’ or ‘rusks’ as appropriate

All types of sucrose

Anhydrous dextrose or dextrose monohydrate

Glucose syrup and anhydrous glucose syrup

All types of milk protein (caseins, caseinates and whey proteins) and
mixtures thereof

Press, expeller or refined cocoa butter

‘Sugar’

‘Dextrose’

‘Glucose syrup’

‘Milk proteins’

‘Cocoa butter’

All crystallised fruit not exceeding 10 % of the weight of the foodstuff

‘Crystallised fruit’

Mixtures of vegetables not exceeding 10 % of the weight of the food-
stuff

‘Vegetables’

All types of wine as defined in Council Regulation (EC) No 1493/1999
of 17 May 1999 on the common organisation of the market in wine (1)

‘Wine’

(1) OJ L 179, 14.7.1999, p. 1.

6.5.2000

EN

Official Journal of the European Communities

L 109/39

CATEGORIES OF INGREDIENTS WHICH MUST BE DESIGNATED BY THE NAME OF THEIR CATEGORY
FOLLOWED BY THEIR SPECIFIC NAME OR EC NUMBER

ANNEX II

Colour

Preservative

Antioxidant

Emulsifier

Thickener

Gelling agent

Stabiliser

Flavour enhancer

Acid

Acidity regulator

Anti-caking agent

Modified starch (1)

Sweetener

Raising agent

Anti-foaming agent

Glazing agent

Emulsifying salts (2)

Flour treatment agent

Firming agent

Humectant

Bulking agent

Propellent gas

(1) The specific name or EC number need not be indicated.
(2) Only for processed cheeses and products based on processed cheeses.

ANNEXE III

DÉSIGNATION DES ARÔMES DANS LA LISTE DES INGRÉDIENTS

1. Les arômes sont désignés soit sous le terme «arôme(s)», soit sous une dénomination plus spécifique ou une description

de l'arôme.

2. Le terme «naturel» ou toute expression ayant une signification sensiblement équivalente ne peut être utilisé que pour les
arômes dont la partie aromatisante contient exclusivement des substances aromatisantes telles que définies à l'article
1er, paragraphe 2, point b) i), de la directive 88/388/CEE du Conseil du 22 juin 1988 relative au rapprochement des
législations des États membres dans le domaine des arômes destinés à être employés dans les denrées alimentaires et
des matériaux de base pour leur production (1) et/ou des préparations aromatisantes telles que définies à l'article 1er,
paragraphe 2, point c), de ladite directive.

3. Si la désignation de l'arôme contient une référence à la nature ou à l'origine végétale ou animale des substances
utilisées, le terme «naturel» ou toute autre expression ayant une signification sensiblement équivalente ne peut être
utilisé que si la partie aromatisante a été isolée par des procédés physiques appropriés ou des procédés enzymatiques
ou microbiologiques, ou des procédés traditionnels de préparation des denrées alimentaires uniquement ou presque
uniquement à partir de la denrée alimentaire ou de la source d'arômes concernée.

(1) JO L 184 du 15.7.1988, p. 61. Directive modifiée par la directive 91/71/CEE de la Commission (JO L 42

du 15.2.1991, p. 25).

L 109/40

EN

Official Journal of the European Communities

6.5.2000

ANNEX IV

PART A

REPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS

(referred to by Article 26)

Council Directive 79/112/EEC (OJ L 33, 8.2.1979, p. 1)

Council Directive 85/7/EEC (OJ L 2, 3.1.1985, p. 22), only Article 1(9)

Council Directive 86/197/EEC (OJ L 144, 29.5.1986, p. 38)

Council Directive 89/395/EEC (OJ L 186, 30.6.1989, p. 17)

Commission Directive 91/72/EEC (OJ L 42, 15.2.1991, p. 27)

Commission Directive 93/102/EC (OJ L 291, 25.11.1993, p. 14)

Commission Directive 95/42/EC (OJ L 182, 2.8.1995, p. 20)

European Parliament and Council Directive 97/4/EC (OJ L 43, 14.2.1997, p. 21)

PART B

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW

(referred to by Article 26)

Directive

Deadline for transposition

Admission of market products
according to this Directive

Prohibition of market products not
in accordance with this Directive

79/112/EEC
85/7/EEC
86/197/EEC
89/395/EEC
91/72/EEC
93/102/EC
95/42/EC
97/4/EC

30 December 1994

22 December 1980

22 December 1982

1 May 1988
20 December 1990
30 June 1992
1 January 1995

1 May 1989
20 June 1992
1 January 1994
30 June 1996

14 August 1998

14 February 2000

6.5.2000

EN

Official Journal of the European Communities

L 109/41

ANNEX V

CORRELATION TABLE

Directive 79/112/EEC

This Directive

Article 1
Article 2
Article 3(1), point 1
Article 3(1), point 2
Article 3(1), point 3
Article 3(1), point 4
Article 3(1), point 5
Article 3(1), point 6
Article 3(1), point 7
Article 3(1), point 8
Article 3(1), point 9
Article 3(1), point 10
Article 3(2) and (3)
Article 4
Article 5
Article 6(1), (2) and (3)
Article 6(4)(a) and (b)
Article 6(4)(c)(i)
Article 6(4)(c)(ii)
Article 6(4)(c)(iii)
Article 6(4)(d)
Article 6(5)
Article 6(6)
Article 6(7)
Article 6(8), first subparagraph

Article 1
Article 2
Article 3(1), point 1
Article 3(1), point 2
Article 3(1), point 2a
Article 3(1), point 3
Article 3(1), point 4
Article 3(1), point 5
Article 3(1), point 6
Article 3(1), point 7
Article 3(1), point 8
Article 3(1), point 9
Article 3(2) and (3)
Article 4
Article 5
Article 6(1), (2) and (3)
Article 6(4)(a) and (b)
Article 6(4)(c)(i)
Article 6(4)(c)(ii), first indent
Article 6(4)(c)(ii), second indent
Article 6(4)(d)
Article 6(5)(a)
Article 6(5)(b)
Article 6(6)
Article 6(7), first subparagraph
Article 6(7), second subparagraph, first and second indents Article 6(8), second subparagraph, points (a) and (b)
Article 6(8)
Article 7
Article 8(1) to (5)
Article 8(6)
Article 8(7)
Article 9(1) to (4)
Article 9(5)
Article 9(6)
Article 9a
Article 10
Article 10a
Article 11(1) and (2)
Article 11(3)(a)
Article 11(3)(b)
Article 11(4)
Article 11(5)
Article 11(6)
Article 11(7)
Articles 12 and 13
Article 13a
Articles 14 and 15
Article 16(1)
Article 16(2)
Article 17, first paragraph
Article 17, second, third, fourth and fifth paragraphs

Article 6(9)
Article 7
Article 8(1) to (5)
—
Article 8(6)
Article 9(1) to (4)
—
Article 9(5)
Article 10
Article 11
Article 12
Article 13(1) and (2)
Article 13(3)
—
Article 13(4)
—
Article 13(5), first subparagraph
Article 13(5), second subparagraph
Articles 14 and 15
Article 16
Articles 17 and 18
—
Article 19
Article 20(1)
Article 20(2)

L 109/42

EN

Official Journal of the European Communities

6.5.2000

Directive 79/112/EEC

This Directive

Article 18
Articles 19, 20 and 21
Article 22(1), (2) and (3)
Article 22(4)
Article 23
Article 24
Article 25
Article 26
—
—
—
Annex I
Annex II
Annex III
—
—

—
Articles 21, 22 and 23
—
Article 24
—
Article 25
—
—
Article 26
Article 27
Article 28
Annex I
Annex II
Annex III
Annex IV
Annex V