Directive 2003/89/EC of the European Parliament and of the Council of 10 November 2003 amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs (Text with EEA relevance)
Date: 2003-11-10
Institutions: Council of the European Union, European Parliament
Subjects: consumer information, foodstuff, labelling

25.11.2003

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Official Journal of the European Union

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DIRECTIVE 2003/89/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 10 November 2003

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

In order to achieve a high level of health protection for
consumers and to guarantee their right to information, it
must be ensured that consumers are appropriately
inter alia, through the
informed as regards foodstuffs,
listing of all ingredients on labels.

By virtue of Article 6 of Directive 2000/13/EC of the
European Parliament and of the Council of 20 March
2000 on the approximation of the laws of the Member
States relating to the labelling, presentation and adver-
foodstuffs (4), certain substances need not
tising of
appear in the list of ingredients.

(3) When used in the production of

foodstuffs and still
present, certain ingredients or other substances are the
cause of allergies or intolerances in consumers, and
some of
those allergies or intolerances constitute a
danger to the health of those concerned.

(4)

The Scientific Committee on Food set up by Article 1 of
Commission Decision 97/579/EC (5) has stated that the
incidence of food allergies is such as to affect the lives of
many people, causing conditions ranging from very mild
to potentially fatal.

(1) OJ C 332 E, 27.11.2001, p. 257 and OJ C 331 E, 31.12.2002, p.

188.

(2) OJ C 80, 3.4.2002, p. 35.
(3) Opinion of the European Parliament of 11 June 2002 (not yet
published in the Official Journal), Council Common Position of 20
February 2003 (OJ C 102 E, 29.4.2003, p. 16) and Position of the
European Parliament of 2 July 2003 (not yet published in the Offi-
cial Journal). Council Decision of 22 September 2003.

(4) OJ L 109, 6.5.2000, p. 29. Directive as amended by Commission

Directive 2001/101/EC (OJ L 310, 28.11.2001, p. 19).

(5) OJ L 237, 28.8.1997, p. 18. Decision as amended by Decision

2000/443/EC (OJ L 179, 18.7.2000, p. 13).

(5)

(6)

(7)

(8)

(9)

The said Committee has acknowledged that common
food allergens include cow's milk, fruits, legumes (espe-
cially peanuts and soybeans), eggs, crustaceans, tree nuts,
fish, vegetables (celery and other foods of the Umbelli-
ferae family), wheat and other cereals.

The most common food allergens are found in a wide
variety of processed foods.

The said Committee has also noted that adverse reac-
tions to food additives may occur and that the avoidance
of food additives is often difficult since not all of them
are invariably included on the labelling.

It is necessary to provide that additives, processing aids
and other substances with allergenic effect covered by
Article 6(4)(a) of Directive 2000/13/EC are subject to
labelling rules, to give appropriate information to consu-
mers suffering from food allergy.

Even if labelling, which is intended for consumers in
is not to be regarded as the only medium of
general,
information acting as substitute for the medical estab-
lishment, it is nevertheless advisable to assist consumers
who have allergies or intolerances as much as possible
by providing them with more comprehensive informa-
tion on the composition of foodstuffs.

(10)

The list of allergenic substances should include those
foodstuffs, ingredients and other substances recognised
as causing hypersensitivity.

(11)

In order to provide all consumers with better informa-
tion and to protect the health of certain consumers, it
should be made obligatory to include in the list of ingre-
dients all ingredients and other substances present in the
foodstuff. In the case of alcoholic beverages, it should be
mandatory to include in the labelling all ingredients with
allergenic effect present in the beverage concerned.

(12)

In order to take account of the technical constraints
involved in the manufacture of foodstuffs, it is necessary
to authorise greater flexibility with regard to the listing
of ingredients and other substances used in very small
quantities.

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(13)

In order to keep up with the development of scientific
knowledge and progress as regards technological means
of removing the allergenicity in ingredients and other
substances and in order to protect consumers against
new food allergens and avoid unnecessary obligations on
labelling, it is important to be able to revise the list of
ingredients rapidly, when necessary by including or
deleting certain ingredients or substances. The revision
should be based on scientific criteria determined by the
European Food Safety Authority set up by Regulation
(EC) No 178/2002 (1) and take the form of implementing
measures of a technical nature, the adoption of which
should be entrusted to the Commission in the interest of
simplifying and accelerating the procedure. Furthermore,
the Commission should, if necessary, draw up technical
guidelines for the interpretation of Annex IIIa.

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

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

(b) as regards the products referred to in Article 2(1) of
Council Regulation (EEC) No 1601/91 of 10 June
1991 laying down general rules on the definition,
description and presentation of aromatised wines,
aromatised wine-based drinks and aromatised wine-
the procedure laid
product cocktails (**), under
down in Article 13 of that Regulation;

(c) as regards the products referred to in Article 1(2) of
Council Regulation (EEC) No 1576/89 of 29 May
1989 laying down general rules on the definition,
description and presentation of spirit drinks (***),
under the procedure laid down in Article 14 of that
Regulation;

(d) as regards other products, under the procedure laid

down in Article 20(2) of this Directive.

(*) OJ L 179, 14.7.1999, p. 1. Regulation as last
amended by Commission Regulation (EC) No 1795/
2003 (OJ L 262, 14.10.2003, p. 13).

(**) OJ L 149, 14.6.1991, p. 1. Regulation as last
amended by Regulation (EC) No 2061/96 of the
European Parliament and of the Council (OJ L 277,
30.10.1996, p. 1).

(***) OJ L 160, 12.6.1989, p. 1. Regulation as last
amended by Regulation (EC) No 3378/94 of the
European Parliament and of the Council (OJ L 366,
31.12.1994, p. 1).’;

Article 1

(c) the following point shall be added to paragraph 4(c):

Directive 2000/13/EC is amended as follows:

1. Article 6 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘(iv) substances which are not additives but are used in
the same way and with the same purpose as
processing aids and are still present in the finished
product, even if in altered form.’;

Ingredients shall be listed in accordance with this

‘1.
Article and Annexes I, II, III and IIIa.’;

(d) the second subparagraph of paragraph 5 shall be

amended as follows:

(b) the following paragraph shall be inserted:

‘3a. Without prejudice to the rules for labelling to be
established pursuant to paragraph 3, any ingredient, as
defined in paragraph 4(a) and listed in Annex IIIa, shall
in
be indicated on the labelling where it
beverages referred to in paragraph 3. This indication
shall comprise the word “contains” followed by the
name of the ingredient(s) concerned. However, an indi-
cation is not necessary when the ingredient is already
included under its specific name in the list of ingredients
or in the name under which the beverage is sold.

is present

Where necessary, detailed rules for the presentation of
the indication referred to in the first subparagraph may
be adopted in accordance with the following proce-
dures:

(a) as regards the products referred to in Article 1(2) of
Council Regulation (EC) No 1493/99 of 17 May
1999 on the common organisation of the market in
wine (*), under the procedure laid down in Article
75 of that Regulation;

(i) the fourth indent shall be replaced by the following:

‘— where fruit, vegetables or mushrooms, none of
which significantly predominates in terms of
weight and which are used in proportions that
are likely to vary, are used in a mixture as ingre-
they may be grouped
dients of a foodstuff,
together in the list of
ingredients under the
designation “fruit”, “vegetables” or “mushrooms”
followed by the phrase “in varying proportions”,
immediately followed by a list of the fruit, vege-
tables or mushrooms present; in such cases, the
mixture shall be included in the list of ingredi-
ents in accordance with the first subparagraph,
on the basis of the total weight of the fruit,
vegetables or mushrooms present,’;

(ii) the following indents shall be added:

(1) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC)

No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

‘— ingredients constituting less than 2 % of

the
finished product may be listed in a different
order after the other ingredients,

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composition,

its nature or

— where ingredients which are similar or mutually
substitutable are likely to be used in the manu-
facture or preparation of a foodstuff without
altering its
its
perceived value, and in so far as they constitute
less than 2 % of the finished product, they may
be referred to in the list of ingredients by means
of the phrase “contains … and/or …”, where at
least one of no more than two ingredients is
present in the finished product. This provision
shall not apply to additives or to ingredients
listed in Annex IIIa.’;

(e) the second subparagraph of paragraph 8 shall be

replaced by the following:

‘The list referred to in the first subparagraph shall not
be compulsory:

(a) where the composition of the compound ingredient
is defined in current Community legislation, and in
so far as the compound ingredient constitutes less
than 2 % of
this
provision shall not apply to additives, subject to
paragraph 4(c),

the finished product; however,

(b) for compound ingredients consisting of mixtures of
spices and/or herbs that constitute less than 2 % of
the finished product, with the exception of additives,
subject to paragraph 4(c),

(c) where the compound ingredient is a foodstuff for
which a list of ingredients is not required under
Community legislation.’;

(f) the following paragraphs shall be added:

2,

the

paragraph

Notwithstanding

second
‘10.
subparagraph of paragraph 6 and the second subpara-
graph of paragraph 8, any ingredient used in production
of a foodstuff and still present in the finished product,
even if in altered form, and listed in Annex IIIa or origi-
nating from an ingredient listed in Annex IIIa shall be
indicated on the label with a clear reference to the name
of this ingredient.

Updating could also be effected by the deletion from
Annex IIIa of ingredients for which it has been scientifi-
cally established that it is not possible for them to cause
adverse reactions. To this end, the Commission may be
notified until 25 August 2004 of the studies currently
being conducted to establish whether ingredients or
substances, derived from ingredients listed in Annex IIIa
are not likely, under specific circumstances, to trigger
adverse reactions. The Commission shall, not later than
25 November 2004,
consultation with the
after
European Food Safety Authority, adopt a list of those
ingredients or substances, which shall consequently be
excluded from Annex IIIa, pending the final results of
the notified studies, or at the latest until 25 November
2007.

Without prejudice to the second subparagraph, Annex
IIIa may be amended, in compliance with the procedure
referred to in Article 20(2), after an opinion has been
obtained from the European Food Safety Authority
issued on the basis of Article 29 of Regulation (EC) No
178/2002 of
the
Council of 28 January 2002, laying down the general
principles and requirements of food law, establishing the
European Food Safety Authority and laying down proce-
dures in matters of food safety (*).

the European Parliament and of

Where necessary, technical guidelines may be issued for
the interpretation of the list in Annex IIIa, in compliance
with the procedure referred to in Article 20(2).

(*) OJ L 31, 1.2.2002, p. 1. Regulation as amended by
L 245,

Regulation (EC) No 1642/2003 (OJ
29.9.2003, p. 4).’;

2.

in the second subparagraph of Article 19,
‘Standing
Committee on Foodstuffs set up by Council Decision 69/
414/EEC (1)’ shall be replaced by ‘Standing Committee on
the Food Chain and Animal Health set up by Regulation
(EC) No 178/2002’;

3. the footnote, ‘OJ L 291, 29.11.1969, p. 9’, shall be deleted;

4.

in Article 20(1) ‘Standing Committee on Foodstuffs’ shall be
replaced by ‘Standing Committee on the Food Chain and
Animal Health’;

The indication referred to in the first subparagraph shall
not be required if the name under which the foodstuff is
sold clearly refers to the ingredient concerned.

5.

in Annex I, the designations ‘crystallised fruit’ and ‘vegeta-
bles’, and the corresponding definitions, shall be deleted;

Notwithstanding paragraph 4(c)(ii),
(iii) and (iv), any
substance used in production of a foodstuff and still
present in the finished product, even if in altered form,
and originating from ingredients listed in Annex IIIa
shall be considered as an ingredient and shall be indi-
cated on the label with a clear reference to the name of
the ingredient from which it originates.

6. Annex IIIa, the text of which is set out in the Annex to this

Directive, shall be inserted.

Article 2

11.
The list in Annex IIIa shall be systematically re-
examined and, where necessary, updated on the basis of
the most recent scientific knowledge. The first re-exami-
nation shall take place at the latest on 25 November
2005.

1. Member States shall bring into force, by 25 November
2004 the laws, regulations and administrative provisions neces-
sary to:

— permit, as from 25 November 2004, the sale of products

that comply with this Directive;

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— prohibit, as from 25 November 2005, the sale of products
that do not comply with this Directive; any products which
do not comply with this Directive but which have been
placed on the market or labelled prior to this date may,
however, be sold while stocks last.

Article 3

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 4

They shall forthwith inform the Commission thereof.

This Directive is addressed to the Member States.

When Member States adopt those measures, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Done at Brussels, 10 November 2003.

For the European Parliament

The President

P. COX

For the Council

The President

A. MARZANO

ANNEX

‘ANNEX IIIa

Ingredients referred to in Article 6(3a), (10) and (11)

Cereals containing gluten ( i.e. wheat, rye, barley, oats, spelt, kamut or their hybridised strains) and products thereof

Crustaceans and products thereof

Eggs and products thereof

Fish and products thereof

Peanuts and products thereof

Soybeans and products thereof

Milk and products thereof (including lactose)

Nuts i. e. Almond (Amygdalus communis L.), Hazelnut (Corylus avellana), Walnut (Juglans regia), Cashew (Anacardium occi-
dentale), Pecan nut (Carya illinoiesis (Wangenh.) K. Koch), Brazil nut (Bertholletia excelsa), Pistachio nut (Pistacia vera), Maca-
damia nut and Queensland nut (Macadamia ternifolia) and products thereof

Celery and products thereof

Mustard and products thereof

Sesame seeds and products thereof

Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO2.’