Commission Opinion pursuant to Article 251(2)(c) of the EC Treaty on the European Parliament's amendment to the common position of the Council concerning the proposal for a Directive of the European Parliament and of the Council amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-07-23
Institutions: European Commission
Subjects: advertising, approximation of laws, consumer information, foodstuff, labelling, packaging

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.7.2003
COM(2003) 466 final

2001/0199 (COD)

COMMISSION OPINION

pursuant to Article 251(2)(c) of the EC Treaty
on the European Parliament’s amendment
to the common position of the Council
concerning the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2000/13/EC as regards indication of the ingredients present in
foodstuffs

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

2001/0199 (COD)

COMMISSION OPINION

pursuant to Article 251(2)(c) of the EC Treaty
on the European Parliament’s amendment
to the common position of the Council
concerning the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2000/13/EC as regards indication of the ingredients present in
foodstuffs

1.

INTRODUCTION

Article 251(2)(c) of the EC Treaty provides that the Commission is to deliver its opinion on
the  amendments  proposed  by  the  European  Parliament  on  the  second  reading.  The
Commission's opinion on the amendment proposed by Parliament is given below.

2.

BACKGROUND

Date on which the proposal was sent to the EP and the Council
(Doc. COM(2001) 433 final – 2001/0199 (COD)):

6 September 2001

Date on which the Economic and Social
Committee delivered its opinion:

Date on which the European Parliament delivered its
opinion on the first reading:

16 January 2002

11 June 2002

Date on which the amended proposal was sent
(Document COM(2002) 464 final – 2001/0199 (COD)):

3 September 2002

Date on which the common position was adopted:

20 February 2003

Date on which the European Parliament adopted
the recommendation for the second reading:

2 July 2003

3.

PURPOSE OF THE PROPOSAL

The Commission's proposal makes it compulsory to label the ingredients in foodstuffs much
more  fully  in  order  to  ensure  that  consumers  are  better  informed  and,  at  the  same  time,  to
address  the  issue  of  food  allergies  and  intolerances.  To  this  end,  it  amends  the  rules  for

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labelling  ingredients  set  out  in  Directive  2000/13/EC  and  mainly  comprises  the  following
points:

(cid:1)  It  does  away  with  the  exemption  on  labelling  components  of  compound  ingredients
accounting for less than 25% of the finished product and so establishes the principle that
all the ingredients must be listed.

(cid:1)  It  retains  a  limited  number  of  exemptions  for  some  compound  ingredients  used  in  small

quantities.

(cid:1)  It contains a list of ingredients occasioning most food allergies or intolerances, for which
no exemptions are permitted, even when the ingredients are present in alcoholic beverages.

(cid:1)  It  provides  for  a  procedure  for  updating  the  above-mentioned  list  after  obtaining  the

opinion of the European Food Safety Authority.

(cid:1)  For  the  purposes  of  listing  ingredients  used  in  small  quantities,  it  provides  for  measures
enabling manufacturers to comply more easily with the additional labelling requirements.

4.

COMMISSION OPINION ON THE AMENDMENT OF THE EUROPEAN PARLIAMENT

The European Parliament's amendment is intended to supplement the text in Article 1(1)(f) of
the common position regarding the updating of the list of ingredients causing food allergies or
intolerances.

The amendment establishes a procedure to inform the Commission that studies are being
carried out to determine which ingredients or substances derived from allergenic ingredients
are, under specific circumstances, no longer likely to trigger adverse reactions. On the basis of
this information, a list of these ingredients or substances will be adopted by the Commission
after consulting with the European Food Safety Authority. The ingredients or substances on
the list will be removed from the list annexed to the common position, and will not therefore
be subject to the compulsory labelling requirement until the European Food Safety Authority
has given its opinion and a final decision has been made in their regard within four years, at
the latest, of the date on which the directive enters into force.

The Commission hereby expresses a favourable opinion on the amendment, which will result
in labelling appropriate to the actual risks of an adverse reaction associated with ingredients
or substances derived from ingredients that cause food allergies or intolerances.

5.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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