Commission Directive 2001/101/EC of 26 November 2001 amending Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs
Date: 2001-11-26
Institutions: European Commission
Subjects: advertising, approximation of laws, consumer information, food hygiene, foodstuff, labelling, meat, packaging, public health

28.11.2001

EN

Official Journal of the European Communities

L 310/19

COMMISSION DIRECTIVE 2001/101/EC

of 26 November 2001

amending Directive 2000/13/EC of the European Parliament and of the Council on the approx-
imation of the laws of the Member States relating to the labelling, presentation and advertising of
foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

should be an element of the reference to the category
name.

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

Having regard to Directive 2000/13/EC of the European Parlia-
ment and of the Council of 20 March 2000 on the approx-
imation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs (1), and, in
particular, the second paragraph of the first indent of the
second subparagraph of Article 6(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

Council Directive 64/433/EEC of 26 June 1964 on
health problems affecting intra-Community trade in
fresh meat (2), as last amended by Directive 95/23/EC (3),
contains a definition of meat which was drawn up for
the purposes of hygiene and the protection of public
health. This definition covers all parts of animals which
are fit for human consumption. It does not correspond,
however, to the consumer's perception of meat and does
not inform the consumer as to the real nature of the
product designated by the term ‘meat’.

Several Member States have adopted a definition of the
term ‘meat’ for the labelling of products that contain
meat. However, the diversity of the national approaches
has led to difficulties which adversely affect the opera-
tion of the internal market and make it necessary to
prepare a harmonised definition.

Annex I to Directive 2000/13/EC defines certain catego-
ries of ingredients which may be designated by the name
of the category rather than by the specific name of the
ingredient considered for
inclusion in the list of
ingredients.

The category ‘meat’ is not defined in that Annex, which
creates difficulties
in implementing Directive 2000/
13/EC, notably as regards indication of the list of ingre-
dients and the quantitative declaration of the ingredients.
There is a need, therefore, for a harmonised definition
corresponding to the category name ‘… meat’ in order
to apply Directive 2000/13/EC.

(5)

In view of the right of consumers to be well and clearly
informed so that they can choose what to eat and assess
differences in selling prices, the name of the species used

(1) OJ L 109, 6.5.2000, p. 29.
(2) English Special Edition, 1963-64 (II), p. 175.
(3) OJ L 243, 11.10.1995, p. 7.

(6)

(7)

(8)

(9)

(10)

The definition applies exclusively to the labelling of
products which contain meat as an ingredient. It does
not apply, therefore, to the labelling of meat cuts and
anatomical parts which are
further
processing.

sold without

Mechanically recovered meat differs significantly from
‘meat’ as perceived by consumers. It should therefore be
excluded from the scope of the definition.

Consequently,
it should be designated by its specific
name, ‘mechanically recovered meat’, and by the name
of the species, in compliance with the rule set out in
Article 6(6) of Directive 2000/13/EC. This labelling rule
applies to the products covered by the Community defi-
nition of ‘mechanically recovered meat’.

Other animal parts which are fit for human consump-
tion but which do not fall under the definition of the
term ‘meat’ for labelling purposes should also be desig-
nated by their specific name in accordance with the
same principle.

In order to determine the ‘meat’ content of products in a
uniform manner, maximum limits should be established
for the fat and connective tissue content of products
which may be designated by the category name ‘…
meat’. These limits are without prejudice to the specific
provisions governing minced meat and meat prepara-
tions laid down in Council Directive 94/65/EC of 14
December 1994 laying down the requirements for the
production and placing on the market of minced meat
and meat preparations (4).

(11)

If these maximum limits are exceeded, but all other
criteria for the definition of ‘meat’ are satisfied, the ‘…
meat’ content should be adjusted downwards accord-
ingly and the list of
in
addition to the term ‘… meat’, the presence of fat and/or
connective tissue.

ingredients should mention,

(12)

It also appears necessary to establish a harmonised
method for determining the connective tissue content.

(4) OJ L 368, 31.12.1994, p. 10.

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Official Journal of the European Communities

28.11.2001

(13) Directive 2000/13/EC should therefore be amended

Article 3

accordingly.

(14)

The measures provided for in this Directive are in
accordance with the opinion of the Standing Committee
for Food,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 2000/13/EC is amended in accordance
with the text set out in the Annex to this Directive.

Article 2

1. Member States shall authorise trade in products that are
in conformity with Directive 2000/13/EC, as amended by this
Directive, by 31 December 2002 at the latest.

2. Member States shall prohibit, with effect from 1 January
2003, trade in products which are not in conformity with
Directive 2000/13/EC, as amended by this Directive.

However, products which are not
in conformity with the
Directive and which were labelled before 1 January 2003 shall
be authorised while stocks last.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 31 December 2002 at the latest. They shall imme-
diately inform the Commission thereof.

The provisions adopted by the Member States shall contain a
reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Article 4

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

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 26 November 2001.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Communities

L 310/21

In Annex I to Directive 2000/13/EC, the following text is added:

ANNEX