Commission Directive 2002/67/EC of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine (Text with EEA relevance)
Date: 2002-07-18
Institutions: European Commission
Subjects: approximation of laws, consumer information, flavouring, foodstuff, labelling, trade by product

L 191/20

EN

Official Journal of the European Communities

19.7.2002

COMMISSION DIRECTIVE 2002/67/EC

of 18 July 2002

on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2000/13/EC of the European Parlia-
ment and of the Council, of 20 March 2000, on the approxima-
tion of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs (1), as amended by
Commission Directive 2001/101/EC (2),
and in particular
Article 4(2) and (3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Quinine and caffeine are used in the production or
preparation of certain foodstuffs, either as a flavouring
or, in the case of caffeine, as an ingredient. For most
consumers,
these substances in
the consumption of
moderation is unlikely to present any health risks.

According to the conclusions of the Scientific Committee
for Food, there is no objection from the point of view of
toxicology to the continued use of quinine at a certain
maximum level in bitter drinks. However, consumption
of quinine may be counter-indicated for certain people
for medical reasons, or because they are hypersensitive
to the substance.

As far as caffeine is concerned, the Scientific Committee
for Food, in its opinion of 21 January 1999 on caffeine
and other substances used as ingredients in ‘energy
drinks’, concluded that, for adults, apart from pregnant
women, the contribution of ‘energy drinks’ to the total
consumption of caffeine did not appear to be a cause for
concern, assuming that
‘energy drinks’ replace other
sources of caffeine. However, for children, an increase in
the daily intake of caffeine to a certain level of consump-
tion per day may bring about temporary changes in
irritability,
behaviour,
nervousness or
for pregnant
women, the Committee’s view is that moderation of
caffeine intake is advisable.

increased excitability,
In addition,

such as

anxiety.

These findings make it necessary to provide labelling
which gives the consumer clear information on the
presence or otherwise of quinine or caffeine in a food-
stuff and, in the case of caffeine, to provide a warning
message and an indication of the amount of caffeine,
where this is in excess of a specific level, in beverages
which do not naturally contain caffeine.

(5)

Directive 2000/13/EC does not provide for compulsory
and specific mention of flavourings in the list of ingredi-

(1) OJ L 109, 6.5.2000, p. 29.
(2) OJ L 310, 28.11.2001, p. 19.

ents. Quinine or caffeine, used as a flavouring, might as
a result not be listed by name in the ingredients. More-
over, even where caffeine is mentioned as such in the list
of
to indicate
whether the level is high.

there is no requirement

ingredients,

(6)

(7)

Some Member States have enacted national
legislation
making it compulsory to mention the presence of
quinine and/or caffeine on the labels of foodstuffs which
contain these substances, in certain cases also stating the
amount of caffeine, with a warning. The existence and
application of different national legislation causes tech-
nical problems for intra-Community trade in the food-
stuffs concerned.

It is therefore necessary, with a view to providing infor-
mation for all consumers throughout the Community
and to facilitating the free movement of the products in
question, to introduce harmonised provisions to apply to
foodstuffs containing quinine and those containing
caffeine. These provisions must make it necessary to
include compulsory particulars on the label in addition
to those set out in Directive 2000/13/EC.

(8)

The measures provided for in this Directive are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

By derogation from Article 6(6), second subparagraph, third
indent, of Directive 2000/13/EC, quinine and/or caffeine used
as a flavouring in the production or preparation of a foodstuff
must be mentioned by name in the list of ingredients indicated
in Article 3(1)(2), of Directive 2000/13/EC, immediately after
the term ‘flavouring’.

Article 2

1. Where a beverage which is intended for consumption
without modification, or after reconstitution of the concen-
trated or dried product, contains caffeine,
from whatever
source, in a proportion in excess of 150 mg/l, the following
message must appear on the label in the same field of vision as
‘High caffeine
the name under which the product
content’.

is sold:

19.7.2002

EN

Official Journal of the European Communities

L 191/21

This message shall be followed, in brackets and in accordance
with Article 13(2) of Directive 2000/13/EC, by the caffeine
content expressed in mg/100 ml.

2.
Paragraph 1 shall not apply to beverages based on coffee,
tea or coffee or tea extract where the name under which the
product is sold includes the term ‘coffee’ or ‘tea’.

Article 3

The Member States shall permit trade in products which

1.
comply with this Directive as of 1 July 2003.

The Member States shall prohibit trade in products which

2.
do not comply with this Directive as of 1 July 2004.

However, products which do not comply with this Directive
and which were labelled before 1 July 2004 shall be authorised
while stocks last.

When the Member States adopt these provisions, these shall
contain a reference to this Directive or shall be accompanied by
such reference at the time of their official publication. The
procedure for such references shall be adopted by Member
States.

Article 5

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

Article 6

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 18 July 2002.

The Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive no later than 30 June 2003. They shall forthwith
inform the Commission thereof.

For the Commission

David BYRNE

Member of the Commission