Report from the Commission to the Council on the application of Article 5 of Council Regulation (EC) No 2991/94 laying down standards for spreadable fats
Date: 2002-07-19
Institutions: European Commission
Subjects: consumer information, data collection, fats, labelling, marketing, marketing standard, product designation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.7.2002
COM(2002) 411 final

REPORT FROM THE COMMISSION TO THE COUNCIL

on the application of Article 5 of Council Regulation (EC) No 2991/94
laying down standards for spreadable fats

   
REPORT FROM THE COMMISSION TO THE COUNCIL

on the application of Article 5 of Council Regulation (EC) No 2991/94
laying down standards for spreadable fats

TABLE OF CONTENTS

1.

1.1.

1.2.

2.

3.

4.

4.1.

4.2.

4.3.

4.4.

4.5.

5.

INTRODUCTION.............................................................................................................. 3

Background .................................................................................................................. 3

Article 5, terms implying a reduced fat content........................................................... 3

QUESTIONNAIRE............................................................................................................ 4

MARKETING OF SPREADABLE FATS IN THE EUROPEAN UNION - DYNAMISM,
COMPLEXITY AND DIVERSITY OF THE SECTOR ............................................................... 4

IMPLEMENTATION OF ARTICLE 5 OF REGULATION (EC) NO 2991/94 ........................... 5

Use of the claim "reduced-fat" ..................................................................................... 5

Use of the claims "low-fat" or "light" .......................................................................... 5

Problems connected with the application of Article 5(2)............................................. 6

Article 5(2) as a response to traders' and consumers' requirements............................. 6

Other aspects to be considered..................................................................................... 7

CONCLUSIONS ............................................................................................................... 8

QUESTIONNAIRE........................................................................................................................ 10

A.

B.

Production of reduced-fat spreadable fats.................................................................. 10

Use of claims implying a reduced-fat content............................................................ 10

2

1.

INTRODUCTION

1.1.

Background

Council Regulation (EC) No 2991/94 laying down standards for spreadable fats1 was adopted
on 5 December 1994 against the background of:

– 

– 

a  market  in  solid  fats  intended  for  human  consumption  which  was  becoming
increasingly more diversified as a result of the development of production techniques
and changes in consumer expectations,

the similarity of the products covered, from the point of view of appearance and use,
which made them competing products.

In  order  to  create  a  legal  framework  which  would  contribute  to  the  development  of  trade
under  conditions  of  fair  competition,  make  it  easier  for  the  consumer  to  choose  and  avoid
confusion, a uniform classification was established for all the products concerned.

This classification incorporates two factors which allow a comparison and a distinction to be
drawn:

– 

– 

fat content (which is the essential constituent of such products),

milk or non-milk, vegetable or animal origin.

For each of the products resulting from the classification, a reserved sales description was laid
down.

The sales description thus makes it possible to identify a product with a given fat content and
origin while complying with two criteria (Annex I takes over the classification laid down in
Regulation (EC) No 2991/94):

1.

2.

Restrict use of the terms "butter" and "margarine" and, by analogy, the term "blend"
to certain categories of products with the highest fat content (not less than 80% but
less than 90%);

For other categories, the reduced fat content must be included in the description by
using the terms "three-quarter-fat", "half-fat" or "fat spread X%".

In addition to the second criterion, the option of using terms implying a reduced-fat content is
provided for by Article 5(2), the application of which is the subject of this report.

1.2.

Article 5, terms implying a reduced fat content

Article 5 of Regulation (EC) No 2991/94 specifies the following:

"1.

Terms for products referred to in the Annex which state, imply or suggest fat content
other than those referred to in that Annex shall be prohibited.

1

OJ L 316, 9.12.1994, p. 2.

3

                                                
2.

By way of derogation from paragraph 1 and in addition:

a)

b)

the term 'reduced-fat' may be used for products referred to in the Annex with a
fat content of more than 41% but not more than 62%;

the terms 'low-fat' or 'light' may be used for products referred to in the Annex
with a fat content of 41% or less.

The term 'reduced-fat' and the terms 'low-fat' or 'light' may, however, replace respectively the
terms 'three-quarter-fat' or 'half-fat' used in the Annex.

Within five years of the date of entry into force of this Regulation the Council shall review
the application of this paragraph on the basis of a report by the Commission."

2.

QUESTIONNAIRE

For the purpose of drawing up this report, a questionnaire (see Annex) was prepared by  the
Commission  and  sent  to  the  Member States  so  that  their  experience  and  perception  of  the
Community system concerned could be taken into account.

There were two groups of questions:

– 

– 

questions on production: it was necessary to know what percentage of all yellowfat
products  was  accounted  for  by  reduced-fat  products  in  order  to  gauge  the  interest
shown by consumers in purchasing this type of product;

questions concerning the use of claims implying a reduced fat content: the purpose of
these  questions  was,  first,  to  assess  the  interest  shown  by  manufacturers  and
distributors  in  using  the  terms  covered  by  the  report  and,  second,  to  identify  the
problems which had arisen in applying the specifications relating to the claims.

Member States' answers were taken into account in drafting this report.

3.

MARKETING  OF  SPREADABLE  FATS  IN  THE  EUROPEAN  UNION  -  DYNAMISM,
COMPLEXITY AND DIVERSITY OF THE SECTOR

In order to determine what volume of reduced-fat products was placed on the market and what
percentage  of  all  products  covered  by  Regulation  (EC)  No  2991/94  was  accounted  for  by
them, Member States were requested to supply the requisite data.

The  absence  of  reliable  statistics,  the  dynamism  of  the  market  and  the  fact  that  some
Member States  argued  that  the  data  was  confidential  made  it  impossible  to  obtain  precise
information. Since the information transmitted by certain Member States was limited in some
respects, we had to use other sources which could serve to draw up this report. In any event,
as  a  result  of  the  effort  made  by  most  Member States  in  supplying  the  production  and/or
marketing figures available, it was possible to arrive at the following conclusions:

– 

– 

the  spreadable  fats  sector  is  highly  dynamic,  with  new  products  constantly  being
introduced;

the  market  in  these  products  has  become  greatly  diversified:  many  products  with  a
changing milk and non-milk fat composition and a variable fat content are placed on
the market;

4

– 

– 

far  fewer  reduced-fat  milk  products  are  marketed  than  other  products  not  derived
exclusively from milk;

the market is characterised by its plurality, with wide gaps between Member States.

Some differences lie in the origin of the raw material: in some Member States, such as Spain,
Portugal and Greece, vegetable fats predominate, while use of milk fats is traditionally rather
limited. This is not the case in Belgium, France, Germany and Denmark, where substantially
more butterfat is sold.

There  are  also  differences  in  the  volume  of  reduced-fat  products  marketed.  Despite  the
disparity between Member States, however, there is one common trait: low-fat products have
gained a significant share of the market everywhere.

4.

IMPLEMENTATION OF ARTICLE 5 OF REGULATION (EC) NO 2991/94

4.1.

Use of the claim "reduced-fat"

It  was  noted  that  the  term  "reduced-fat",  or  the  alternative  term  provided  for  in  some
languages (e.g. allégé in French), is used throughout the European Union.

The  term  chosen  varies  according  to  the  Member  State:  both  terms  are  used  in  France  and
Greece, the alternative is used in Belgium and Italy, while in the other countries "reduced-fat"
is used.

4.2.

Use of the claims "low-fat" or "light"

The terms which suggest a low fat content are used by all Member States marketing this type
of  product,  the  choice  of  term  and  intensity  of  use  varying  according  to  the  country,  as  is
demonstrated by the table below.

5

Member States marketing
this type of product

Low-fat

English term
"light"

National language
equivalent of "light"

France

Spain

Germany

Portugal

Finland

Sweden
Netherlands (1)

United Kingdom

Belgium

Austria

Greece

Denmark

Ireland

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x (2)

x

(1)

(2)

In the Netherlands, "half-fat" is the term used in marketing milk fats with a fat content of no
less than 39% and no more than 41%. For non-milk products, on the other hand, the terms
"halvarine" or "light" are commonly used as a sales description.
Used as a complement to minarine.

4.3.

Problems connected with the application of Article 5(2)

Neither traders nor the national authorities responsible for implementing the provisions of the
paragraph  in  question  have  experienced  any  practical  problems  in  applying  Article 5(2)
anywhere in the European Union.

One country alone - the United Kingdom - pointed out that there had been some confusion on
the  part  of  manufacturers  and  consumers  between  the  use  of  the  provisions  of  Regulation
(EC) No 2991/94 and the use of the terms "low-fat" or "light" for other food products.

4.4.

Article 5(2) as a response to traders' and consumers' requirements

On  the  whole,  the  option  of  using  the  terms  implying  a  reduced  or  low  fat  content,  as
provided  for  in  Article 5(2),  meets  the  requirements  of  manufacturers,  distributors  and
consumers. Such was the view expressed by the Member States. Similarly, there was a desire
to maintain the terms concerned.

However, perceptions of this kind of term are not homogeneous:

On the one hand, there are countries which are more accustomed to using the  general terms
"half-fat" or "three-quarter-fat". Germany is one such example.

On the other hand, there are countries where the terms "half-fat" or "three-quarter-fat" are less
widespread and, in some cases, are not used at all, so that the terms "reduced-fat", "low-fat"
and  "light"  are  commonly  used  in  marketing  this  type  of  product.  Such  is  the  case,  for
example, with France.

6

The  choice  between  the  general  sales  descriptions  "half-fat"  or  "three-quarter-fat"  and  the
optional  terms  forming  the  subject-matter  of  this  report  varies  and  reflects  an  attempt  to
continue to use the terms which have become more familiar to consumers on account of their
use in the past.

It was noted that, on the whole, the terms covered by this report provide information which is
clearly understood by the consumer.

4.5.

Other aspects to be considered

Although no problems were raised in connection with the application of Article 5(2), several
aspects requiring improvement were identified:

– 

Specific indication of the fat content in addition to the mandatory terms

Some delegations believe that including the fat content in the labelling or in the sales
description  would  avoid  confusion  on  the  part  of  consumers  (Sweden,  Germany,
Finland,  United  Kingdom).  However,  this  is  already  provided  for  in  Article 3(1).
According to this Article, sales descriptions must be accompanied by an indication of
the  fat  content  and  of  the  vegetable  or  animal  origin,  so  that  consumers  are  fully
informed about the nature and composition of the product.

– 

Change in general sales descriptions

Some  delegations  (Portugal,  Italy,  Greece,  Germany,  Finland,  United  Kingdom,
Ireland,  Belgium)  find  that  the  general  sales  descriptions  laid  down  in  Regulation
(EC)  No 2991/94  are  not  the  most  appropriate,  either  because  they  are  not  readily
accepted  by  consumers  or  because  consumers  do  not  have  sufficiently  clear
information about the nature of these products. A variety of amendments is proposed:

Germany  and  Ireland  wish  to  continue  to  use  the  descriptions  "half-fat  margarine"
and  "three-quarter-fat  margarine",  but  suggest  replacing  the  description  "fat  spread
X%" with "margarine X%".

The United Kingdom also suggests that all products should be labelled consistently
so  that  sales  descriptions  for  products  in  the  same  group  are  the  same  and  the
difference between two products in the same group lies in the fat content declaration.
The  proposed  descriptions  are  therefore  "dairy  spread  X%",  "fat  spread  X%"  and
"blended spread X%". For products which fall into the 39-41%  and 60-62% bands,
the terms "half-fat"  and "three-quarter-fat"  could be used as  an optional addition to
the mandatory sales description and fat content declaration.

Finland  proposes  that  the  permitted  sales  descriptions  should  be:  "butter  X%",
"margarine X%" and "blended spread X%".

Italy proposes replacing the description "fat spread X%" with "vegetable condiment
X%" or "vegetable margarine X%".

Portugal suggests that the sales descriptions "dairy spread X%", "fat spread X%" and
"blended  spread  X%"  should  be  translated  into  Portuguese  as  "dairy  cream  spread
X%", "cream spread X%" and "blended cream spread X%".

Greece also proposes changing the description "fat spread X%" to "margarine  X%"
and  "blended  spread  X%"  to  "margarine  and  butter  spread  X%"  or  "blended
margarine and butter spread X%".

7

Finally,  Belgium  believes  that  some  translations  do  not  convey  the  nuances
expressed by the terms used in other languages.

– 

Abolition of the optional use of certain terms.

Two Member States suggest abolishing the  option available  to  traders of marketing
their  products  using  certain  terms  provided  for  in  Article  5(2)  of  Regulation  (EC)
No 2991/94, i.e.:

– 

– 

Denmark proposes abolishing the optional use of two terms which are not used
by Danish traders. The terms in question are "reduced-fat" and "low-fat";

the United Kingdom considers that terms implying a low fat content should be
applied in a uniform manner to all foods and that the course of action followed
should  be that provided by Codex.  Since the  Codex  guidelines  lay  down  that
terms implying a low fat content may be used only when the fat content of food
products does not exceed 3%,  the  United  Kingdom  considers  that  such  terms
should not be applied to products covered by Regulation (EC) No 2991/94.

However,  the  use  of  terms  implying  a  low  fat  content  in  connection  with  products
with a fat content of between 10% and 90% is justified since this type of claim must
not  be  considered  out  of  context;  on  the  contrary,  such  terms  must  be  defined  by
reference to full fat products (butter, margarine and blends).

5.

CONCLUSIONS

After studying the information received from the Member States as well as the Commission's
own information, the following conclusions can be drawn:

1.

2.

The information received from Member States on the volume of yellowfats produced
and/or marketed is not sufficient to provide a  full picture of the market situation of
such products.

Furthermore, the frequent introduction of new products, the lack of reliable statistics
and statistical secrecy on the part of producers have contributed to making it difficult
to obtain information.

However,  the  information  gathered  indicates  that  the  volume  of  reduced-fat  or
low-fat products marketed has increased at the expense of more traditional products.

Application of the provisions on general sales descriptions laid down in Regulation
(EC) No 2991/94 and application of the provisions on terms suggesting a reduced-fat
content laid down in Article 5(2) of that Regulation have made it possible to clarify
the sales descriptions of the products marketed without curbing the dynamic growth
of the sector.

Firms have acquired the know-how required to comply with the rules.

Where the terms implying a reduced fat content are concerned, the existence of two
options - using only the terms "half-fat", "three-quarter-fat" and "fat spread X%" laid
down in Article 5(1), or replacing them or adding the terms "reduced-fat", "low-fat"
or  "light"  -  makes  it  possible  to  meet  the  needs  of  traders  and  consumers  who  are
more  familiar  with  one  or  other  type  of  sales  description  according  to  the  country
involved.

8

By  the  same  token,  it  has  been  noted  that  all  the  terms  covered  by  this  report  are
used, although the choice of terms varies from one country to another.

Furthermore, the efforts made by producers to create and/or consolidate their market
by  using  terms  implying  a  reduced  fat  content  certainly  must  be  taken  into
consideration in assessing the application of those terms.

Neither the competent national authorities nor traders have reported any problems in
applying the provisions laid down in Article 5(2) of Regulation (EC) No 2991/94.

The competent national authorities gave a positive assessment of the performance of
the terms laid down in Article 5(2) of Regulation (EC) No 2991/94. In their view, the
terms meet manufacturers', distributors' and consumers' requirements.

Such  terms  as  "reduced-fat",  "low-fat"  or  "light"  are  familiar  to  consumers.  By
implying  a  reduced  fat  content,  they  make  it  possible  to  distinguish  this  type  of
product  from  "butter"  and  "margarine",  which  have  a  clearly-defined,  full-fat
content.

The aim of the report, as laid down in Regulation (EC) No 2991/94, was to serve as a
basis for examining the application of the terms "reduced-fat", "low-fat" and "light".
However, the suggested amendments to other elements have been carefully examined
and the following conclusions have been drawn:

First, the Commission has received no communication, since the entry into force of
Regulation  (EC)  No 2991/94,  which  might  give  the  impression  that  problems  have
arisen in connection with the use of the general sales descriptions. Consequently, it is
not necessary to amend the general sales descriptions laid down in that Regulation.

Second, the amendments which some Member States suggest should be made to the
general sales descriptions are disparate and focus too closely on individual situations.

To  sum  up,  not  only  has  the  application  of  Article  5(2)  of  Regulation  (EC)
No 2991/94  given  rise  to  no  problems,  but  it  has  proven  to  be  effective  in
contributing, together with the general descriptions, towards creating a framework of
Community rules which incorporates and clarifies the range of sales descriptions and
terms used throughout the European Union.

3.

4.

5.

6.

Since no problems have arisen in applying them and their effectiveness has been proven,
it  is  inconceivable  that  the  terms  should  be  abolished,  which  would  only  confuse
consumers and traders alike.

The  application  of  terms  implying  a  reduced  or  low  fat  content  may,  of  course,  be
reviewed  in  the  light  of  developments  at  Community  level  in  legislation  on  the
standardisation of claims for food products.

9

ANNEX

QUESTIONNAIRE

The  Commission  is  to  send  the  Council  a  report  on  the  application  of  Article 5(2)  of
Regulation (EC) No 2991/94 regarding the use of terms implying a low fat content.

To that end, we must know what percentage of all spreadable fats is accounted for by low-fat
products  and  the  interest  shown  by  the  manufacturers  and  distributors  in  using  the  terms
covered by the report.

A.

Production of reduced-fat spreadable fats

Specify  production  for  1998  and  1999  in  tonnes  by  group  of  products  and  by  fat
content.

Groups of products listed in the Annex to Regulation (EC) No 2991/94

Milk fats

Fats

Fats composed of plant
and/or animal products

Fat content

1998

1999

1998

1999

1998

1999

Not less than 10% and
not more than 41%

More than 41% but
not more than 62%

More than 62% but
less than 90%

B.

1.

1.1.

1.2.

2.

2.1.

Use of claims implying a reduced-fat content

Are  spreadable  fats  with  a  fat  content  of  more  than  41%  but  not  more  than  62%
marketed in your country?

If  so,  is  the  term  “reduced-fat”  added  to  the  sales  description?  Is  this  always  the
case? Sometimes?

In  the  case  of  products  with  a  fat  content  of  not  less  than  60%  but  not  more  than
62%, is the term “three-quarter-fat” replaced by “reduced-fat”?  If so, is this always
the case? Sometimes?

Are  spreadable  fats  with  a  fat  content  of  not  more  than  41%  marketed  in  your
country?

If so, are the terms “low-fat” or “light” added to the sales description? Which term?
Is this always the case? Sometimes?

10

2.2.

3.

4.

5.

In  the  case  of  products  with  a  fat  content  of  not  less  than  39%  but  not  more  than
41%, is the term “half-fat” replaced by “low-fat” or “light”? If so, by which term? Is
this always the case? Sometimes?

Since  the  entry  into  force  of  Regulation  (EC)  No  2991/94  the  Commission  has
received  no  reports  of  problems  arising  in  the  application  of  Article  5(2)  of  that
Regulation. To your knowledge:

– 

– 

Have  the  competent  authorities  experienced  any  problems  in  applying  that
Article? If so, please give details.

Have traders reported any difficulties in application? If so, what are they?

Do  you  think  that  the  provisions  of  Article  5(2)  meet  the  needs  of  manufacturers,
distributors and consumers? If not, how could they be improved?

According to Article 5(2), the term “reduced-fat” can be used for products with a fat
content of more than 41% but not more than 62%.

However, there are various options depending on the fat content:

– 

– 

in  the  case  of  products  with  a  fat  content  of  not  less  than  60%  but  not  more
than  62%,  the  term  “reduced-fat”  can  either  be  added  to  or  replace  the  sales
description “three-quarter-fat”;

the term can, however, be added to, but not replace, the description of products
with a fat content of more than 41% but less than 60%.

This also applies to the terms “low-fat” and “light”.

Do you think that proposing two different options in applying those terms, depending
on whether a narrow range (60-62%) or  a wide range  (42-62%) is involved, causes
confusion?

– 

– 

If so, what amendments should be made?

If not, have these terms sufficed?

6.

Do you have any other comments?

11