Commission Directive 2002/86/EC of 6 November 2002 amending Directive 2001/101/EC as regards the date from which trade in products not in conformity with Directive 2000/13/EC of the European Parliament and of the Council is prohibited
Date: 2002-11-06
Institutions: European Commission
Subjects: advertising, consumer information, foodstuff, labelling, packaging, trade restriction

7.11.2002

EN

Official Journal of the European Communities

L 305/19

COMMISSION DIRECTIVE 2002/86/EC

of 6 November 2002

amending Directive 2001/101/EC as regards the date from which trade in products not in
is
conformity with Directive 2000/13/EC of

the European Parliament and of

the Council

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

prohibited

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 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 the
first indent of the second subparagraph of Article 6(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The provisions of Directive 2001/101/EC concerning the
labelling of products containing meat are not applicable
until the day following the final deadline for transposi-
tion of that Directive by the Member States.

Following the adoption of a definition of the term ‘meat’
for labelling purposes, the operators concerned will have
to make considerable changes to the labelling of their
products, in particular in respect of the list of ingredients
and, where applicable, the meat content.

Because of the large number of such products on the
market and the number of small and medium-sized
enterprises affected, an adequate transitional period is
needed to enable the labelling of these products to be
brought into line with Directive 2001/101/EC.

Provision must also be made to enable operators to sell
on the market products labelled prior to expiry of the
transitional period whose labelling does not comply with
the abovementioned provisions.

Directive 2001/101/EC should therefore be amended
accordingly.

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,

Article 1

Article 2 of Directive 2001/101/EC is
following:

replaced by the

‘Article 2

1. Member States shall authorise trade in products that
are in conformity with Directive 2000/13/EC from 1
January 2003.

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

However, products which are not in conformity with Direc-
tive 2000/13/EC and which were labelled before 1 July
2003 shall be authorised while stocks last.’

Article 2

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

Article 3

This Directive is addressed to the Member States.

Done at Brussels, 6 November 2002.

For the Commission

David BYRNE

Member of the Commission

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