2008/35/EC: Commission Decision of 8 January 2008 concerning a draft Regulation from the Hellenic Republic on the labelling of bakery products from frozen dough (notified under document number C(2007) 6750)
Date: 2008-01-08
Institutions: European Commission
Subjects: EU law - national law, Greece, bakery, consumer information, deep-frozen product, labelling

11.1.2008

EN

Official Journal of the European Union

L 8/13

COMMISSION

COMMISSION DECISION

of 8 January 2008

concerning a draft Regulation from the Hellenic Republic on the labelling of bakery products from
frozen dough

(notified under document number C(2007) 6750)

(Only the Greek text is authentic)

(2008/35/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2000/13/EC of
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 advertising of foodstuffs (1), and
in particular Articles 19 and 20 thereof,

(5)

Whereas:

(1)

(2)

(3)

In accordance with the procedure provided for in Article
19(2) of Directive 2000/13/EC,
the Greek authorities
notified to the Commission on 15 May 2007 a draft
Regulation on specific provisions on the compulsory
labelling of bakery products from frozen dough.

Pursuant
to the notified draft, bakery products from
frozen dough should be labelled with the date of
production and the origin of the frozen dough.

(6)

In accordance with the provisions of Article 19(2) of
consulted
Directive
Member States via the Standing Committee on the
Food Chain and Animal Health.

the Commission

2000/13/EC,

Directive 2000/13/EC contains provisions on the
labelling of the origin of foodstuffs (Article 3(1) points
7 and 8) and of the types of date indications for food-
stuffs (Article 9(5)). According to these rules, particulars
of the place of origin or provenance of a foodstuff shall
only be compulsory on the labelling of foodstuff, where
such particulars might mislead the
failure
consumer to a material degree as to the true origin or
provenance of the foodstuff (Article 3(1) point 8).

to give

A mandatory labelling of the country of origin of the
frozen dough would be an extra burden for those food
business operators that produce bread with dough from
another EU Member State and therefore constitute a
potential barrier to the free movement of goods and
endangers the smooth functioning of the single market.
The cases where non-harmonised national provisions
governing the labelling and presentation of certain food-
stuffs or foodstuffs in general may be acceptable are
listed in an exhaustive manner
in Article 18(2) of
Directive 2000/13/EC. Apart from cases relating to the
protection of public health,
such measures may be
admissible only where justified for the prevention of
industrial and commercial
fraud or the protection of
property rights,
registered
designations of origin and prevention of unfair compe-
tition.

indications of provenance,

the Greek notification do refer

The grounds of
to
hygienic reasons and thus to the protection of public
health. The Greek notification does not
take into
account that there is an established basis of common
rules on food hygiene, especially Regulation (EC) No
the
852/2004 of
Council of 29 April 2004 on the hygiene of
food-
stuffs (2). The Greek notification does not provide any
evidence that
the notified measures are necessary to
attain a higher level of public health protection.

the European Parliament and of

(1) OJ L 109, 6.5.2000, p. 29. Directive as

last amended by
Commission Directive 2007/68/EC (OJ L 310, 28.11.2007, p. 11).

(2) OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226,

25.6.2004, p. 3.

L 8/14

EN

Official Journal of the European Union

11.1.2008

(7)

(8)

(9)

dash 5 of Directive
to Article 9(5)
According
2000/13/EC, an indication of
the durability date for
bakers’ or pastry cooks’ wares shall not be required,
subject to Community provisions imposing other types
of date indication. Community law does not provide any
rule on any other type of date indications but
the
exemption for bakers’ wares for the indication of the
durability date.

A compulsory labelling of the production date of the
frozen dough would concern in particular products
from other Member States that only can be marketed
after having undergone a preservation procedure like
a
freezing.
potential barrier to the free movement of goods and
endangers the smooth functioning of the single market.

constitutes

obligation

therefore

This

According to the case law the competent national autho-
rities have to proof, that the draft measures are on the
one hand necessary in order to achieve the objective they
aim for and that the draft measures comply on the other
hand with the principle of proportionality (cf. ruling of
30 November 1983, Van Bennekom, Case 227/82,
ECR 1983, p. 03883, paragraph 40;
ruling of 13
March 1997, Morellato, Case C-358/95, ECR 1997,
p. I-01431, paragraph 14, and ruling of 8 May 2003,
ATRAL, Case C-14/02, ECR 2003, p.
I-4431, para-
graph 67).

(11)

(12)

(13)

The Commission will be continuing discussions with the
Member States with regard to origin labelling of food-
stuffs.

these observations,

the Commission has
In light of
delivered a negative opinion pursuant to Article 19(3)
of Directive 2000/13/EC.

The measures provided for in this Decision are in line
with the opinion of the Standing Committee on the Food
Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Hellenic Republic is required to refrain from adopting its
draft Decree on the labelling of bakery products from frozen
dough.

Article 2

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 8 January 2008.

(10)

The notified measures applied unilaterally and indiscrimi-
nately by the Hellenic Republic would very likely hinder
intra-Community trade to a disproportionate extent. It
would oblige producers or operators processing dough
from other Member States to provide specific labelling.

For the Commission

Markos KYPRIANOU
Member of the Commission