Proposal for a Regulation of the European Parliament and of the Council on the provision of food information to consumers  {SEC(2008) 92} {SEC(2008) 93} {SEC(2008) 94} {SEC(2008) 95}
Date: 2008-01-30
Institutions: European Commission
Subjects: approximation of laws, consumer information, consumer protection, foodstuff, foodstuffs legislation, labelling, public health

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.1.2008 
COM(2008) 40 final 

2008/0028 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the provision of food information to consumers 

(presented by the Commission) 

{SEC(2008) 92} 
{SEC(2008) 93} 
{SEC(2008) 94} 
{SEC(2008) 95} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

• 

Grounds for and objectives of the proposal 

The draft proposal consolidates and updates two areas of labelling legislation, 
the  general  food  and  nutrition  labelling  respectively  covered  by  Directives 
2000/13/EC and 90/496/EEC. Directive 2000/13/EC has been amended several 
times  and  the  evolution  of  both  the  food  market  and  consumers'  expectations 
renders its update and modernisation necessary. 

Directive  90/496/EEC  requires  the  Commission  to  report  to  the  European 
Parliament  and  the  Council  on  the  application  of  the  Directive.  The 
interinstitutional procedures have changed and in certain cases the Commission 
must  submit  an  impact  assessment  with  proposals  for  new  legislation.  The 
revision  of  the  nutrition  labelling  legislation  is  accompanied  by  an  impact 
assessment  giving  an  overview  of  the  application  of  Directive  90/496/EEC. 
Therefore,  a  separate  report  on  the  implementation  of  the  Directive  has  not 
been prepared. 

• 

General context 

General labelling - The main political will that motivated the first "horizontal" 
legislative instrument on food labelling (Directive 79/112/EEC) was to provide 
rules for the labelling of foods as a tool for the free circulation of foods in the 
Community.  Over  time  the  protection  of  consumers'  rights  emerged  as  a 
specific objective of the European Community. 

In  2003  DG  SANCO  in  close  co-operation  with  stakeholders,  launched  an 
evaluation of the food labelling legislation in order to reassess its effectiveness 
and legal basis, and to identify the needs and expectations of today's consumers 
for  food  information,  taking  into  account  the  technical  and  logistical 
constraints.  The  conclusions,  published  in  2004,  identified  the  focus  for  a 
future proposal. 

Nutrition  labelling  -  The  recent  White  Paper  on  a  Strategy  for  Europe  on 
Nutrition,  Overweight  and  Obesity  related  health  issues  stressed  the  need  for 
consumers to have access to clear, consistent and evidence-based information. 
Nutrition  labelling  is  an  established  way  for  providing  information  to 
consumers to support health conscious food choices. There is wide agreement 
that the effectiveness of nutrition labelling can be strengthened as a means to 
support consumers' ability to choose a balanced diet. 

There  have  been  initiatives  by  stakeholders  to  encourage  the  inclusion  of 
nutrition information on the front of packs. There is divergence in the labelling 
schemes being used which can create barriers to trade. 

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• 

Existing provisions in the area of the proposal 

The proposal merges and amends the following legislation:: 

– 

Directive  2000/13/EC  of  20  March  2000  on  the  approximation  of  the 
laws  of  the  Member  States  relating  to  the  labelling,  presentation  and 
advertising of foodstuffs. 

This  Directive  lays  down  common  labelling  requirements  applicable  to 
all foods to be delivered to the final consumer, and to foods supplied to 
mass caterers. It establishes the mandatory labelling information. 

introduces  certain  general  principles  regarding 

the 
The  proposal 
provision of food information and develops a governance mechanism to 
take  account  of  developments  that  would  enable  consumers  to  make 
informed food choices. The mandatory requirements remain broadly the 
same  with  the  option  for  the  Commission  to  propose  new  requirements 
for specific issues. 

– 

Council  Directive  90/496/EEC  of  24  September  1990  on  nutrition 
labelling for foodstuffs. 

The proposal introduces mandatory labelling of key nutritional elements 
in the principal field of vision. 

In  addition  to  the  merging  of  Directives  2000/13/EC  and  90/496/EEC  the 
following texts are recast in the text: 

– 

– 

– 

– 

– 

– 

Commission Directive 87/250/EEC of 15 April 1987 on the indication of 
alcoholic strength by volume in the labelling of alcoholic beverages for 
sale to the ultimate consumer 

Commission  Directive  94/54/EC  of  18  November  1994  concerning  the 
compulsory indication on the labelling of certain foodstuffs of particulars 
other than those provided for in Council Directive 79/112/EEC 

Commission  Directive  1999/10/EC  of  8  March  1999  providing  for 
derogations  from  the  provisions  of  Article  7  of  Council  Directive 
79/112/EEC as regards the labelling of foodstuffs 

Commission  Directive  2002/67/EC  of  18  July  2002  on  the  labelling  of 
foodstuffs containing quinine, and of foodstuffs containing caffeine 

Commission Regulation (EC) No 608/2004 of 31 March 2004 concerning 
the  labelling  of  foods  and  food  ingredients  with  added  phytosterols, 
phytosterol esters, phytostanols and/or phytostanol esters 

Commission Directive 2004/77/EC of 29 April 2004 amending Directive 
94/54/EC  as  regards 
labelling  of  certain  foods  containing 
glycyrrhizinic acid and its ammonium salt. 

the 

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• 

Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  the  Commission's  Better  Regulation  Policy,  the 
Lisbon Strategy and the EU's Sustainable Development strategy. The emphasis 
is  on  simplifying  the  regulatory  process,  thus  reducing  the  administrative 
burden  and  improving  the  competitiveness  of  the  European  food  industry, 
while  ensuring  the  safety  of  food,  maintaining  high  level  of  public  health 
protection  and  taking  global  aspects  into  consideration.  There  is  an  ongoing 
exercise  on  the  measurement  of  administrative  costs  from  the  horizontal 
labelling provisions, the outcome of which could provide relevant information. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

• 

Consultation of interested parties 

Consultation  methods,  main  sectors 
respondents 

targeted  and  general  profile  of 

There  were  broad  surveys  of  all  interested  parties  seeking  their  views  on  the 
provisions and application of existing legislation and the needs for change. The 
respondents  were  from  governmental  and  NGOs,  industry  and  individuals. 
Certain consultations were targeted at Member States, industry or consumers. 

Summary of responses and how they have been taken into account 

Consumers demand more and "better" information on labels and are interested 
in  clear,  simple,  comprehensive,  standardised  and  authoritative  information. 
Industry  considers  there  are  too  many  labelling  requirements  which  involve 
implementation of detailed, technical rules. The volume and dispersal of texts 
undermines  the  clarity  and  coherence  of  the  rules.  The  cost  of  changes  is  a 
concern  to  industry.  Member  States  wish  to  balance  the  needs  of  consumers 
and industry, taking into account, any issues that are specific to their country. 

Specific aspects highlighted in the consultation on the general labelling were: 

– 

– 

– 

– 

consumers find it difficult to read and understand labels; 

there  are  a  number  of  foods  from  which  information  on  allergens  is 
missing; 

origin labelling is a problematic area; 

there  is  a  legal  limbo  concerning  ingredient  listing  of  alcoholic 
beverages. 

For nutrition labelling it is believed that the inclusion of nutrition information 
is an important source of information for the consumer. There is dissatisfaction 
among stakeholders on the legislation but views diverge on how to improve it. 

– 

Some  consumers  require  or  prefer  a  comprehensive  overview  of  the 
nutrient content, while others have concerns regarding only a fraction of 

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this.  Consumers  and  public  health  NGOs  want  mandatory  full  nutrition 
labelling that is easy to understand. 

– 

Industry is concerned by the prescriptive nature of the legislation and the 
effect on the design of packaging. They want a more flexible voluntary 
approach. 

–  Member  States  are  aware  of  the  need  to  reduce  barriers  to  the  internal 
market which is facilitated by a harmonised approach. However, there is 
increasing pressure from some for increased flexibility at national level, 
in particular, where innovative nutrition labelling systems are being used. 

An open consultation was conducted over the internet from 13 March 2006 to 
16  June  2006.  The  Commission  received  175  response(s).  The  results  are 
available on 
http://ec.europa.eu/food/food/labellingnutrition/betterregulation/index_en.htm. 

• 

Collection and use of expertise 

There was no need for external expertise. 

• 

Impact assessment 

Certain basic alternative approaches were considered: 

No  intervention  -  This  would  maintain  the  current  situation  with  scattered 
legislation with the following negative effects: 

– 

– 

– 

– 

– 

piecemeal and confusing rules undermining the effective implementation; 

unjustified  burdens  on  food  business  because  of  outdated,  redundant  or 
unclear requirements; 

inconsistent consumer use of labels; 

ineffectiveness of labelling as a communication tool; 

failure  of  the  legislation  to  adapt  to  changing  markets  and  consumers' 
legitimate demands. 

Intervention was considered in the context of deregulation, national legislation, 
non-statutory approach or updating Community legislation. 

Deregulation - This would entail the abolition of the basic policy instruments 
on  horizontal  food  labelling  rules  with  a  direct  impact  on  vertical  labelling 
rules. 

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Although  food  manufacturers  would  continue  to  apply  the  current  rules  for  a 
short  period  of  time,  they  would  progressively  remove  information  they 
consider as a burden. Non-harmonised rules would impair the internal market, 
lead to poor information and reduce the level of consumer protection. Existing 
rules  have  proven  their  merits  in  allowing  free  circulation  of  goods  and 
consumers'  protection.  Dismantling  them  would  meet  resistance  from  most 
Member  States  and  consumers  given  that  they  have  been  used  to  the  current 
requirements and any change could be seen as an abandonment of a  valuable 
"acquis". Therefore, deregulation was not considered a viable approach. 

National  legislation  -  The  repeal  of  the  harmonised  rules  would  result  in 
creation of national rules with the following consequences: 

– 

– 

– 

– 

different national rules would impede the internal market; 

distortion of fair competition; 

increased administrative burden for industry; 

inconsistent approach in content and availability of information creating 
confusion for consumers; 

– 

different level of protection for EU citizens. 

Alternative  non-statutory  approach  (self-regulation,  co-regulation,  guidance)  - 
The different features of consumer information and current trends towards the 
development  of  a  "new  legislative  culture"  called  for  the  assessment  of  an 
approach that could strike the balance between flexibility and prescription and 
between action at the national and action at EU level. A multi-level bottom-up 
governance (local/national/community) based on the principle of commitment 
to formal, measurable best practice could be a viable alternative. 

Moving  the  already  harmonised  detailed  requirements  to  such  an  approach 
would  have  no  added  value  given  that  this  would  unnecessarily  complicate 
current  understanding  among  stakeholders  and  could  be  perceived  as  a 
deregulation.  Although,  as  far  as  any  new  policy  issues  are  concerned,  the 
introduction  of  a  more  elaborate  and  sustainable  approach  to  consumer 
information  emerging  from  best  practices  and  from  a  constant  dialogue  with 
stakeholders has the potential to achieve beneficial results both for industry and 
consumers. 

The  impacts  of  the  main  options  for  the  revision  of  the  general  and  nutrition 
labelling  provisions  were  examined  in  relation  to  taking  no  action,  voluntary 
action  or  prescriptive  Community  requirements  were  examined  in  the  impact 
assessment. 

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The  Commission  carried  out  an  impact  assessment  listed  in  the  Work 
Programme,  whose  report  is  accessible  on  the  Commission  website.  The 
Commission  completed  the  impact  assessment  reports  on  the  options  for  the 
revision  of  Directive  2000/13/EC  and  Directive  90/496/EEC  which  are 
presented in parallel with this proposal as Commission Staff Working Papers. 

The  impact  assessment  indicated  that  the  impact  on  manufacturers  can  be 
attenuated by providing transition periods that allow for labelling changes to be 
made during the normal cycle for label changes that are in operation within a 
business. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the proposed action 

Adoption of a Regulation of the European Parliament and of the Council on the 
provision  of  food  information  to  consumers.  The  proposal  modernises, 
simplifies and clarifies the current food labelling scene. In particular: 

– 

– 

– 

– 

Recasting of the different horizontal labelling provisions. The merging of 
those texts (directives) into a single piece of legislation (regulation) will 
maximise  synergies  and  increase  the  clarity  and  consistency  of 
Community  rules.  This  is  a  powerful  simplification  method  that  should 
provide  economic  operators  and  enforcement  authorities  with  a  clearer 
and more streamlined regulatory framework;  

To ensure coherence between horizontal and vertical rules; 

Rationalisation  (update,  clarification)  of  the  compulsory  information 
required by Article 3(1) of Directive 2000/13/EC;  

Setting-up  of  a  flexible  bottom-up  mechanism  (through  national 
schemes)  that  would  enable  industry  to  innovate,  and  allow  for  some 
aspects of the labelling rules to be adapted to different and continuously 
changing markets and consumer demands. 

In addition, it introduces clear principles to draw a clearer borderline between 
mandatory  and  voluntary  information.  The  main  changes  with  respect  to 
general labelling issues are: 

– 

– 

– 

The  clarification  of  the  responsibilities  regarding  food  labelling  for  the 
different food business operators along the supply chain; 

To improve the legibility of the information provided on the labelling a 
minimum print size for the mandatory information is introduced; 

The  introduction  of  a  requirement  that  information  on  allergenic 
ingredients  should  be  available  for  non-prepacked  foods  sold  through 
retail and catering outlets; 

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– 

Given the specificities of wine, spirits and beer, the proposal provides for 
the Commission to report on the application of current rules on ingredient 
listing  and  mandatory  nutrition  labelling  on  these  products  with  the 
possibility of specific measures to be adopted. 

–  With  respect  to  the  labelling  of  the  country  of  origin  or  place  of 
provenance of a food, the basic requirement in the legislation remains the 
same.  Therefore,  such  labelling  is  voluntary,  but  if  the  failure  to  give 
such  information  might  mislead  the  consumer,  the  labelling  becomes 
mandatory. Both the mandatory or the voluntary indication of the country 
of origin or place of provenance of a food as a marketing tool, should not 
deceive  the  consumer  and  should  be  based  on  harmonised  criteria.  The 
country of origin should be determined in accordance with the provisions 
on  non-preferential origin  following  the  Community  Custom  Code. The 
place  of  provenance  would  refer  to  any  place  that  is  not  the  country  of 
origin  as  determined  by  the  Community  Customs  Code.  Rules  for 
determining  the  place  of  provenance  will  be  adopted  following 
Comitology  procedure.  In  addition,  criteria  are  introduced  for  the 
declaration  of  country  of  origin  or  place  of  provenance  of  multi-
ingredient  products  and  the  country  of  origin  or  place  of  provenance  of 
meat, other than beef and veal. These criteria would equally apply to the 
voluntary declaration of "EC" origin labelling; 

– 

The  proposal  clarifies  the  conditions  under  which  Member  States  may 
adopt national rules on origin labelling. 

The  rules  on  nutrition  labelling  are  recast  with  the  horizontal  food  labelling 
provisions. The proposal  makes  nutrition labelling  mandatory  in  the  principal 
field of vision of a food label. Allows for the development of best practice in 
the  presentation  of  nutrition  information,  including  alternative  forms  of 
expression  of  the  nutrition  information  in  relation  to  overall  daily  nutrient 
requirements or graphical forms of presentation. 

The main new aspects of the proposal on nutrition labelling are: 

– 

The  mandatory  declaration  is  for  energy,  fat,  saturates,  carbohydrates 
with specific reference to sugars and salt expressed as amounts per 100g 
or per 100 ml or per portion in the principal field of vision (front of pack) 
whilst  nutrients  from  a  defined  list  may  be  declared  voluntarily.  In 
selecting  the  mandatory  elements  account  has  been  taken  of:  research 
indicating 
feel  overwhelmed  by  excessive 
information;  the  scientific  advice  about  the  most  important  nutrients 
bearing  a  relationship  to  the  risk  of  development  of  obesity  and  non-
communicable  diseases;  while  avoiding  excessive  burden  on  food 
businesses, in particular small and medium size enterprises; 

that  consumers  can 

– 

In the case of alcoholic drinks, derogations are provided for wine, spirits 
and beer, and will be subject to a future Commission report; 

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– 

The  mandatory  elements  must  also  be  declared  in  relation  to  reference 
intakes  whilst  other  presentation  formats  may  be  developed  through 
voluntary national schemes. 

In order to address the problems resulting from  the piecemeal legislation, the 
new proposal will amend, recast and replace provisions already in place under 
the  current  horizontal  food  labelling  legislation  leading  to  the  repeal  of  the 
following legislation: 

Directives  2000/13/EC,  90/496/EEC,  87/250/EEC,  94/54/EC,  1999/10/EC, 
2002/67/EC, 2004/77/EC and Regulation (EC) No 608/2004. 

• 

Legal basis 

Article 95  

• 

Subsidiarity principle 

The subsidiarity principle applies insofar as the proposal does not fall under the 
exclusive competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member 
States for the following reason(s). 

Food  labelling  protects  consumers  and  informs  their  decision  making.  It  is 
considered that action at the EU level would deliver better results than a series 
of individual actions by Member States because: 

(i) 

a  harmonised  approach  may  simplify  administrative  burden  on  food 
companies operating either trans-nationally or Community wide, and 

(ii)  uniform  action  ensures  Community  wide  minimum  standards  reducing 
inequity  for  citizens  across  the  EU.  Different  labelling  requirements 
could  undermine  the  current  single  market  opportunities  for  the  food 
chain  with  a  major  impact  on  trade  given  the  high  volume  of  intra-
Community trade which in 2003 accounted for over 75% of all trade with 
flows of around € 120 billion. One survey of the food industry indicates 
that  65%  of  companies  exported  their  products  to  other  Member  States 
and in this survey over 60% of the respondents favoured harmonisation 
of general food labelling through European legislation. 

The core of the Community action is setting the conditions for the labelling of 
food within the EU which cannot be appropriately addressed by Member States 
alone if the common internal market is to function smoothly. As to the details 
of  the  Regulation  applicable,  a  more  participative  and  flexible  way  of 
designing  and  enforcing  it  will  be  offered  by  the  governance  model  for  the 
development of national schemes. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the 
following reason(s). 

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Experience  shows  that  Member  States  cannot  achieve  a  harmonised  common 
market satisfactorily and that the EU can do better and more efficiently for the 
provision of information to consumers. The new proposal provides also space 
for softer intervention mechanism at national and EU level. 

Community  competence  is  used  taking  full  account  of  the  principles  of 
subsidiarity  and  proportionality  acknowledging  that,  with  respect  to  certain 
aspects, total uniformity of labels throughout the EU is not necessarily the only 
and  desired  way  to  reach  the  objectives  sought.  It  would,  on  the  contrary, 
dismantle 
to  changing  needs  and 
circumstances of the applicable rules. 

the  potential  for  rapid  adjustment 

Harmonisation is provided for prepacked foods that would potentially be part 
of  intracommunity  trade.  Member  States  may  introduce  rules  when  the 
products are not subject to intracommunity trade, such as non-prepacked foods 
and foods provided by mass caterers. 

The proposal therefore complies with the subsidiarity principle. 

• 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle  for  the  following 
reason(s). 

The  proposal  harmonises  the  regulatory  framework  for  the  horizontal 
provisions regarding food labelling and thus contributes to consumer protection 
by ensuring that consumers receive appropriate information to enable them to 
make informed, safe, healthy and sustainable choices. The proposed measures 
are  sufficient  in  terms  of  reaching  the  objectives  of  ensuring  consumers  are 
enabled  to  make  informed  choices  and  to  securing  the  smooth  functioning  of 
the  internal  market.  At  the  same  time  they  do  not  impose  an  excessive  or 
unjustified burden. 

The absence of harmonisation would result in a proliferation of national rules 
resulting  in  increased  burden  for  the  industry  and  lack  of  clarity  for  the 
consumers.  The  financial  burden  is  minimised  as  most  of  the  provisions 
currently exist whilst sufficient time is allowed for any new requirements to be 
part of the regular modification of labels by manufacturers. 

• 

Choice of instruments 

Proposed instruments: regulation, co-regulation. 

Other means would not be adequate for the following reason(s). 

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The existing rules are, in general, prescriptive with little flexibility for Member 
States  in  how  they  should  be  applied.  A  Directive  would  have  lead  to  an 
inconsistent  approach  in  the  Community  leading  to  uncertainty  for  both 
consumers  and  the  industry.  A  Regulation  provides  a  consistent  approach  for 
industry  to  follow  and  reduces  the  administrative  burden  as  they  not  need  to 
familiarise  themselves  with  the  individual  Regulations  in  the  Member  States. 
Guidelines,  self-regulatory  or  voluntary  approaches  would  have  led  to 
inconsistency and a potential reduction in the amount of information provided 
to  consumers,  which  would  not  be  acceptable.  However,  there  are  aspects  of 
the legislation for which a more flexible approach was considered appropriate 
and for those aspects an alternative form of governance based on soft law and 
voluntary commitments is developed in the draft proposal. 

4. 

BUDGETARY IMPLICATION 

None. 

5. 

ADDITIONAL INFORMATION 

• 

Simulation, pilot phase and transitory period 

There will be a transitory period for the proposal. 

• 

Simplification 

The proposal provides for simplification of legislation. 

The  use  of  a  Regulation  as  the  legal  instrument  supports  the  objective  of 
simplification because it guarantees that all actors have to follow at the same 
time the same rules. 

The  combination  of  the  Directive  2000/13/EC  with  Directive  90/496/EEC  on 
nutrition labelling into one instrument simplifies the regulatory framework. In 
addition, the proposal simplifies the structure of the 2000/13/EC legislation, by 
recasting and replacing provisions already in place under the current horizontal 
food  labelling  legislation.  By  addressing  certain  specific  policy  issues  the 
proposal  will  contribute  significantly  to  easier  compliance  and  greater  clarity 
for stakeholders. 

The  proposal  is  included  in  the  Commission's  rolling  programme  for  up-date 
and simplification of the  acquis  communautaire and  its Work  and Legislative 
Programme under the reference 2006/SANCO/001. 

• 

Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

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• 

Recasting 

The proposal involves recasting 

• 

European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the 
European Economic Area. 

• 

Detailed explanation of the proposal 

The Regulation provides the basis for the assurance of a high level of consumer 
in  establishing  general  principles  and 
to  food 
protection 
requirements of food information law (Chapters II and III). 

in  relation 

Chapter  IV  (mandatory  information)  simplifies  the  existing  legislation  while 
maintaining the core mandatory labelling particulars. In taking the definitions 
and  detailed  or  specific  rules  into  annexes,  the  text  is  easier  to  follow  and 
amend. 

The rules for the labelling of particulars of the place of origin are clarified. 

Section  3  of  Chapter  IV  specifies  the  nutrition  information  for  energy  value 
and the amounts of fat, saturates, carbohydrates with specific reference sugars 
and salt is made mandatory, and requires its presentation in the principal field 
of vision of the label. 

In Chapter VII a food information governance system for national schemes is 
created  to  encourage  the  establishment  at  Member  State  level  an  interactive 
and sustained process of information exchange in order to allow national non 
binding  schemes  to  be  developed  drawing  on  best  practices.  At  Community 
level  the  Commission  shall  encourage  and  organise  the  exchange  of 
information between the Member States and with itself on activities related to 
the development of national schemes.  

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2008/0028 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the provision of food information to consumers  

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 

Article  153  of  the  Treaty  provides  that  the  Community  is  to  contribute  to  the 
attainment of a high level of consumer protection by the measures it adopts pursuant to 
Article 95 thereof. 

The free movement of safe and wholesome food is an essential aspect of the internal 
market  and  contributes  significantly  to  the  health  and  well-being  of  citizens,  and  to 
their social and economic interests. 

In  order  to  achieve  a  high  level  of  health  protection  for  consumers  and  to  guarantee 
their  right  to  information,  it  should  be  ensured  that  consumers  are  appropriately 
informed  as  regards  food  they  consume.  Consumers  choices  can  be  influenced  by, 
inter alia , health, economic, environmental, social and ethical considerations. 

Regulation  (EC) No 178/2002  of  the  European  Parliament  and  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  procedures  in 
matters of food safety4 provides that it is a general principle of food law to provide a 
basis for consumers to make informed choices in relation to food they consume and to 
prevent any practices that may mislead the consumer. 

OJ C xxx, xx.xx.xxxx. p. xx. 
OJ C xxx, xx.xx.xxxx. p. xx. 
Opinion of the European Parliament of …………….., Council Common Position of ………….. 
OJ  L  31,  1.2.2002,  p.  1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  575/2006 
(OJ L 100, 8.4.2006, p. 3). 

EN 

13 

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(5) 

(6) 

(7) 

(8) 

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 
concerning  unfair  business-to-consumer  commercial  practices  in  the  internal  market5 
covers  certain  aspects  of  the  provision  of  information  to  consumers  specifically  to 
prevent  misleading  actions  and  omissions  of  information.  The  general  principles  on 
unfair commercial practices should be complemented by specific rules concerning the 
provision of food information to consumers. 

Community  rules  on  food  labelling  applicable  to  all  foods  are  laid  down  in 
the  Council  of 
Directive 2000/13/EC  of 
20 March 2000 on the approximation of the laws of the Member States relating to the 
labelling,  presentation  and  advertising  of  foodstuffs6.  The  majority  of  the  provisions 
laid down in that Directive date back to 1978 and should therefore be updated. 

the  European  Parliament  and  of 

Council  Directive  90/496/EEC  of  24  September  1990  on  nutrition  labelling  for 
foodstuffs7 lays down rules on the content and presentation of nutrition information on 
prepacked foods. The inclusion of nutrition information is voluntary unless a nutrition 
related claim is made concerning the food. The majority of the provisions laid down in 
that Directive date back to 1990 and should therefore be updated. 

The  general  labelling  requirements  are  complemented  by  a  number  of  provisions 
applicable to all foods in particular circumstances or to certain categories of foods. In 
addition, there are a number of specific rules which are applicable to specific foods. 

(9)  While  the  original  objectives  and  the  core  components  of  the  current  labelling 
legislation  are  still  valid,  it  is  necessary  to  streamline  it  in  order  to  ensure  easier 
compliance  and  greater  clarity  for  stakeholders  and  to  modernise  it  in  order  to  take 
account of new developments in the field of food information. 

(10)  There is public interest in the relationship between diet and health and in the choice of 
an  appropriate  diet  to  suit  individual  needs.  The  Commission  White  Paper  on  a 
Strategy for Europe on Nutrition, Overweight and Obesity related health issues8 noted 
that nutrition labelling is an important tool to inform consumers about the composition 
of  the  foods  and  help  them  make  an  informed  choice.  The  EU  consumer  policy 
strategy 2007 - 2013 underlined that allowing consumers to make informed choice is 
essential both to effective competition and consumer welfare. Knowledge of the basic 
principles of nutrition and appropriate nutrition information on foods would contribute 
significantly towards enabling the consumer to make such an informed choice. 

(11) 

In  order  to  enhance  legal  certainty  and  ensure  rationality  and  consistency  of 
enforcement, it is appropriate to repeal Directives 90/496/EEC and 2000/13/EC and to 
replace them by a single Regulation which ensures certainty for both consumers and 
the industry and reduces the administrative burden.  

5 
6 

7 

8 

OJ L 149, 11.6.2005, p. 22. 
OJ L 109, 6.5.2000, p. 29. Directive as last amended by Commission Directive 2006/142/EC (OJ L 368, 
23.12.2006, p. 110). 
OJ  L  276,  6.10.1990,  p.  40.  Directive  as  last  amended  by  Commission  Directive  2003/120/EC 
(OJ L 333, 20.12.2003, p. 51.) 
COM(2007) 279. 

EN 

14 

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(12)  For the sake of clarity, it is appropriate to repeal and include in this Regulation other 
horizontal  acts,  namely  Commission  Directive  87/250/EEC  of  15 April  1987  on  the 
indication of alcoholic strength by volume in the labelling of alcoholic beverages for 
sale to the ultimate consumer9, Commission Directive 94/54/EC of 18 November 1994 
concerning  the  compulsory  indication  on  the  labelling  of  certain  foodstuffs  of 
particulars  other  than  those  provided  for  in  Council  Directive  79/112/EEC10, 
Commission  Directive  1999/10/EC  of  8 March  1999  providing  for  derogations  from 
the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of 
foodstuffs11,  Commission  Directive  2002/67/EC  of  18 July  2002  on  the  labelling  of 
foodstuffs  containing  quinine,  and  of  foodstuffs  containing  caffeine12,  Commission 
Regulation (EC) No 608/2004 of 31 March 2004 concerning the labelling of foods and 
food  ingredients  with  added  phytosterols,  phytosterol  esters,  phytostanols  and/or 
phytostanol  esters13  and  Commission  Directive  2004/77/EC  of  29 April  2004 
amending  Directive  94/54/EC  as  regards  the  labelling  of  certain  foods  containing 
glycyrrhizinic acid and its ammonium salt14. 

(13) 

(14) 

It is necessary to set common definitions, principles, requirements and procedures so 
as  to  form  a  clear  framework  and  a  common  basis  for  Community  and  national 
measures governing food information. 

In  order  to  follow  a  comprehensive  and  evolutionary  approach  to  the  information 
provided  to  consumers  relating  to  food  they  consume,  there  should  be  a  broad 
definition  of  food  information  law  covering  rules  of  a  general  and  specific  nature  as 
well as a broad definition of food information covering information provided also by 
other means than the label. 

(15)  Community  rules  should  apply  only  to  undertakings,  the  concept  of  which  implies  a 
certain continuity of activities and a certain degree of organisation. Operations such as 
the occasional handling, serving and selling of food by private persons at events such 
as charities, or local community fairs and meetings are not covered by the scope of this 
regulation. 

(16)  Food information law should provide sufficient flexibility to be able to keep up to date 
with new information requirements from consumers and ensure a balance between the 
protection of the internal market and the differences in the perception of consumers in 
the Member States. 

(17)  The prime consideration for requiring mandatory food information should be to enable 
consumers  to  identify  and  make  appropriate  use  of  a  food  and  to  make  choices  that 
suit their individual dietary needs. 

(18) 

In  order  to  enable  food  information  law  to  adapt  to  changing  consumers'  needs  for 
information, any considerations about the need for mandatory food information should 

9 
10 

11 
12 
13 
14 

OJ L 113, 30.4.1987, p. 57. 
OJ L 300, 23.11.1994, p. 14. Directive as last amended by Directive 2004/77/EC (OJ L 162, 30.4.2004, 
p. 76). 
OJ L 69, 16.3.1999, p. 22. 
OJ L 191, 19.7.2002, p. 20. 
OJ L 97, 1.4.2004, p. 44. 
OJ L 162, 30.4.2004, p. 76.  

EN 

15 

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also take account of the widely demonstrated interest from the majority of consumers 
in the disclosure of certain information.  

(19)  New mandatory food information requirements should however only be established if 
and where necessary, in accordance with the principles of subsidiarity, proportionality 
and sustainability. 

(20)  The  rules  on  food  information  should  prohibit  the  use  of  information  that  would 
mislead the consumer or attribute medicinal properties to foods. To be effective, this 
prohibition should also apply to the advertising and presentation of foods. 

(21) 

In order to prevent a fragmentation of the rules concerning the responsibility of food 
business  operators  with  respect  to  food  information  it  is  appropriate  to  clarify  the 
responsibilities of food business operators in this area. 

(22)  A list should be drawn up of all mandatory information which should in principle be 
provided for all foods intended for the final consumer and the mass caterers. That list 
should  maintain  the  information  that  is  already  required  under  existing  legislation 
given that it is generally considered as a valuable acquis for consumer information. 

(23) 

In order to take account of changes and developments in the field of food information, 
provisions  should  be  made  to  empower  the  Commission  to  amend  the  list  of 
mandatory  information  by  adding  or  removing  particulars  and  for  enabling  the 
availability  of  certain  particulars  through  alternative  means.  Consultation  with 
stakeholders  should  facilitate  timely  and  well  targeted  changes  of  food  information 
requirements. 

(24)  When  used  in  the  production  of  foods  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.  It  is 
important that information on the presence of food additives, processing aids and other 
substances with allergenic effect should be given to enable consumers suffering from a 
food allergy or intolerance to make informed and safe choices. 

(25)  Food labels should be clear and understandable to assist consumers wanting to make 
better-informed food and dietary choices. Studies show that legibility is an important 
element  in  maximising  the  possibility  that  labelled  information  can  influence  its 
audience  and  that  the  small  print  size  is  one  of  the  main  causes  of  consumer 
dissatisfaction with food labels. 

(26) 

In  order  to  ensure  the  provision  of  food  information,  it  is  necessary  to  consider  all 
ways  of  supplying  food  to  consumers,  including  selling  food  by  means  of  distance 
communication.  Although  it  is  clear  that  any  food  supplied  through  distant  selling 
should meet the same information requirements as food sold in shops, it is necessary 
to  clarify  that  in  such  cases  the  relevant  mandatory  food  information  should  also  be 
available before the purchase is concluded. 

(27)  With a view to provide consumers with food information that is necessary to make an 
informed choice, alcoholic mixed beverages should also provide information on their 
ingredients.  

EN 

16 

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(28) 

It  is  also  important  to  provide  consumers  with  information  on  the  other  alcoholic 
beverages. Specific  Community rules already exist on the labelling of wine. Council 
Regulation  (EC)  No  1493/1999  of  17  May  1999  on  the  common  organisation  of  the 
market in wine15 provides an exhaustive set of technical standards which fully cover 
all  oenological  practices,  manufacturing  methods  and  means  of  presentation  and 
labelling  of  wines,  thus  ensuring  that  all  stages  in  the  chain  are  covered  and  that 
consumers are protected and properly informed. In particular, this legislation describes 
in a precise and exhaustive manner the substances likely to be used in the production 
process,  together  with  the  conditions  for  their  use  via  a  positive  list  of  oenological 
practices and treatments; any practice not included in this list is prohibited. Therefore, 
it is appropriate to exempt wine at this stage from the obligation to list the ingredients 
and  to  provide  for  a  nutrition  declaration.  As  regards  beer  and  spirits  as  defined  in 
Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the 
Council  on  the  definition,  description,  presentation,  labelling  and  the  protection  of 
geographical indications of spirit drinks and repealing Council Regulation (EEC) No 
1576/8916,  and  in  order  to  ensure  a  consistent  approach  and  coherence  with  the 
conditions  established  for  wine,  the  same  kind  of  exemptions  shall  apply.  However, 
the  Commission  will  produce  a  report  after  five  years  of  the  entry  into  force  of  this 
Regulation and may propose, if necessary, specific requirements in the context of this 
Regulation.  

(29)  The indication of the country of origin or of the place of provenance of a food should 
be provided whenever its absence is likely to mislead consumers as to the true country 
of  origin  or  place  of  provenance  of  that  product.  In  other  cases,  the  provision  of  the 
indication of country of origin or place of provenance is left to the appreciation of food 
business  operators.  In  all  cases,  the  indication  of  country  of  origin  or  place  of 
provenance should be provided in a manner which does not deceive the consumer and 
on  the  basis  of  clearly  defined  criteria  which  ensure  a  level  playing  field  for  the 
industry  and  improve  consumers'  understanding  of  the  information  related  to  the 
country of origin or place of provenance of a food. Such criteria should not apply to 
indications related to the name or address of the food business operator. 

(30) 

In some cases, food business operators may want to indicate that the origin of a food is 
the  European  Community  to  draw  the  consumers'  attention  to  the  qualities  of  their 
product  and  to  the  European  Union's  production  standards.  Such  indications  should 
also comply with harmonised criteria. 

(31)  The European Community's non-preferential rules of origin are laid down in Council 
Regulation  (EEC)  No  2913/92  of  12  October  1992  establishing  the  Community 
Customs  Code17  and  its  implementing  provisions  in  Commission  Regulation  (EEC) 
No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council 
Regulation  (EEC)  No  2913/92  establishing  the  Community  Customs  Code18. 

15 
16 
17 

18 

OJ L 179, 14.7.1999, p. 1. 
OJ L [ …], […], p.[…]. 
OJ  L  302,  19.10.1993,  p.  1.  Regulation  as  last  amended  by  Council  Regulation  (EC)  No  1791/2006 
(OJ L 363, 20.12.2006, p. 1). 
OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 883/2005 
(OJ L 148, 11.6.2005, p. 5). 

EN 

17 

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Determination of the country of origin of foods will be based on these rules, which are 
well known to trade operators and administrations and should ease its implementation.  

(32)  The  nutrition  declaration  on  a  food  concerns  information  on  the  presence  of  energy 
and  certain  nutrients  in  foods.  The  mandatory  provision  of  nutrition  information 
should  assist  action  in  the  area  of  nutrition  education  for  the  public  and  support 
informed food choice. 

(33)  The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and 
Obesity related health issues highlighted certain nutritional elements of importance to 
public  health.  Therefore,  it  is  appropriate  that  the  requirements  on  the  mandatory 
provision of nutrition information should take into account such elements. 

(34) 

(35) 

In  general,  consumers  are  not  aware  of  the  potential  contribution  of  alcoholic 
beverages to their overall diet. Therefore, it is appropriate to ensure that information 
on the nutrient content of in particular mixed alcoholic beverages is provided. 

In  the  interest  of  consistency  and  coherence  of  Community  legislation  the  voluntary 
inclusion of nutrition or health claims on food labels should be in accordance with the 
Regulation  (EC) No 1924/2006  of  the  European  Parliament  and  of  the  Council  of 
20 December 2006 on nutrition and health claims made on foods19. 

(36)  To  avoid  unnecessary  burdens  on  the  industry,  it  is  appropriate  to  exempt  certain 
categories  of  foods  that  are  unprocessed  or  for  which  nutrition  information  is  not  a 
determining  factor  for  consumer  choice  from  the  mandatory  inclusion  of  nutrition 
declaration, unless the obligation to provide such information is provided under other 
Community legislation. 

(37)  To appeal to the average consumer and to serve the informative purpose for which it is 
introduced,  and  given  the  current  level  of  knowledge  on  the  subject  of  nutrition,  the 
information provided should be simple and easily understood. Research has indicated 
that consumers find the information in the principal field of view or ‘front of pack’ is 
useful  when  making  purchasing  decisions.  Therefore,  to  ensure  that  consumers  can 
readily see the essential nutrition information when purchasing foods such information 
should be in the principal field of view of the label. 

(38)  Recent  developments  in  the  expression  of  the  nutrition  declaration,  other  than  per 
100g/100ml/portion,  by  some  Member  States  and  organisations  in  the  food  sector 
suggest  that  consumers  like  such  schemes  as  they  can  help  them  make  informed 
choices quickly. However, there is not evidence across all the Community on how the 
average consumer understands and uses the alternative expression of the information. 
Therefore, it is appropriate to allow for different schemes to be developed and to allow 
research on consumer understanding in different Member States to continue so that, if 
appropriate, harmonised schemes may be introduced. 

(39)  The  declaration  in  the  principal  field  of  view  of  the  amounts  of  nutritional  elements 
and comparative indicators in an easily recognisable form to enable an assessment of 

19 

OJ L 404, 30.12.2006, p. 9. Regulation as amended by … 

EN 

18 

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the nutritional properties of a food should be considered in its entirety as part of the 
nutrition declaration and not be treated as a group of individual claims. 

(40)  Experience  shows  that  in  many  cases  voluntary  food  information  is  provided  to  the 
detriment of the clarity of the mandatory food information. Therefore, criteria should 
be  provided  to  help  food  business  operators  and  enforcement  authorities  to  strike  a 
balance between the provision of mandatory and voluntary food information. 

(41)  Member  States  should  retain  the  right,  depending  on  local  practical  conditions  and 
circumstances, to lay down rules in respect of the provision of information concerning 
non-prepacked  foods.  Although  in  such  cases  the  consumer  demand  for  other 
information is limited, information on potential allergens is considered very important. 
Evidence  suggests  that  most  food  allergy  incidents  can  be  traced  back  to  non-
prepacked  food.  Therefore  such  information  should  always  be  provided  to  the 
consumer. 

(42)  Member  States  should  not  be  able  to  adopt  provisions  other  than  those  laid  down  in 

this Regulation in the field it harmonises, unless specifically indicated in it. 

(43)  Food information rules should be able to adapt to a rapidly changing social, economic 

and technological environment. 

(44) 

(45) 

In respect of certain aspects of food information that give rise to the development of 
innovative  and  modern  commercial  practices,  it  is  necessary  to  allow  sufficient 
experiments  and  consumer  research  and  to  provide  solid  evidence  about  the  best 
systems.  Therefore,  in  such  cases  Community  food  information  law  should  restrict 
itself  to  setting  out  the  mandatory  essential  requirements  determining  the  level  of 
consumer  protection  and  information  and  leave  flexibility  for  the  fulfilment  of  such 
requirements, in a manner that is compatible with the internal market provisions. 

In order to ensure that more detailed food information requirements are designed and 
established  in  a  dialectic  manner  and  emerge  from  best  practices,  there  should  be 
flexible mechanisms at Community and national level based on open and transparent 
public  consultation  and  sustained  interaction  between  a  wide  range  of  representative 
stakeholders. Such mechanism may result in the development of national non-binding 
schemes  on  the  basis  of  solid  consumer  research  and  wide  stakeholder  consultation. 
There  should  be  mechanisms  for  consumers  to  be  able  to  identify  foods  labelled  in 
compliance  with  the  national  scheme  such  as  through  an  identification  number  or 
symbol. 

(46) 

In  order  to  ensure  a  level  of  consistency  in  the  results  achieved  in  the  different 
Member States, it is necessary to promote the constant exchange and sharing of best 
practices  and  experience  between  Member  States  and  with  the  Commission  and 
promote the participation of stakeholders to such exchanges. 

(47)  Member States should carry out official controls in order to enforce compliance with 

this Regulation in accordance with Regulation (EC) No 882/2004. 

(48)  References  to  Directive  90/496/EEC  in  Regulation  (EC)  No  1924/2006  and  in 
Regulation  (EC)  No  1925/2006  of  the  European  Parliament  and  of  the  Council  of 
20 December  2006  on  the  addition  of  vitamins  and  minerals  and  of  certain  other 

EN 

19 

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substances  to  foods20  should  be  updated  to  take  this  Regulation  into  account. 
Regulations (EC) No 1924/2006 and (EC) No 1925/2006 should therefore be amended 
accordingly. 

(49) 

In order to enable interested parties, especially small and medium-sized enterprises, to 
provide  nutrition  information  on  their  products,  the  application  of  the  measures  to 
make  nutrition  information  mandatory  should  be  introduced  gradually  through 
extended  transition  periods  with  an  additional  transition  period  provided  for  micro-
businesses. 

(50)  Since the objectives of the actions to be taken cannot be sufficiently achieved by the 
Member  States  and  can  therefore  be  better  achieved  at  Community  level,  the 
Community  may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  as 
set out in Article 5 of the Treaty. In accordance with the principle of proportionality, 
as set out in that Article, this Regulation does not go beyond what is necessary in order 
to achieve those objectives. 

(51)  With the aim of simplifying and accelerating the procedure, the Commission should be 
entrusted with the task of adopting implementing measures of a technical nature. 

(52)  The measures necessary for the implementing of this Regulation should be adopted in 
accordance  with  Council  Decision 1999/468/EC  of  28 June 1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission21. 

(53)  Power should be conferred on the Commission in particular to amend and update the 
Annexes  to  this  Regulation.  Since  those  measures  are  of  general  scope  and  are 
designed to amend non-essential elements of this Regulation, and to supplement  this 
Regulation by the addition of new non-essential elements, they should be adopted in 
accordance  with  the  regulatory  procedure  with  scrutiny  provided  for  in  Article 5a  of 
Decision 1999/468/EC. 

(54)  On grounds of urgency it is necessary to apply the urgency procedure provided for in 
Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to Annexes II 
and III of this Regulation, 

20 
21 

OJ L 404, 30.12.2006, p. 26. 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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20 

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HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 
Subject matter and scope 

1. 

2. 

3. 

4. 

This  Regulation  provides  the  basis  for  the  assurance  of  a  high  level  of  consumer 
protection in relation to food information, taking into account the differences in the 
perception  of  consumers  and  their  information  needs  whilst  ensuring  the  smooth 
functioning of the internal market. 

This Regulation establishes the general principles, requirements and responsibilities 
governing food information, and in particular food labelling. It lays down the means 
to guarantee the right of consumers to information and procedures for the provision 
of food information, taking into account the need to provide sufficient flexibility to 
respond to future developments and new information requirements. 

This Regulation applies to all stages of the food chain, where the activities of food 
businesses concern the provision of food information to consumers. 

It shall apply to all foods intended for the final consumer, including foods delivered 
by mass caterers and foods intended for supply to mass caterers. 

This Regulation shall apply without prejudice to labelling requirements provided in 
specific Community legislation applicable to particular foods. 

Article 2 
Definitions 

1. 

For the purposes of this Regulation the following definitions shall apply: 

(a) 

(b) 

the definitions of ‘food’, ‘food law’, ‘food business’, ‘food business operator’, 
‘retail’,  ‘placing  on  the  market’  and  ‘final  consumer’  in  Article 2  and  in 
Article 3(1), (2), (3), (7), (8) and (18) of Regulation (EC) No 178/2002; 

the definition of ‘processing’, ‘unprocessed products’ and ‘processed products’ 
in  Article 2(1)  (m),  (n)  and  (o)  of  Regulation  (EC) No 852/2004  of  the 
European  Parliament  and  of  the  Council  of  29 April 2004  on  the  hygiene  of 
foodstuffs22; 

(c) 

the definitions of ‘food additives’ and ‘processing aids’ in Article 1(2) and in 
footnote  1  of  Council  Directive 89/107/EEC  of  21 December 1988  on  the 

22 

OJ L 139, 30.4.2004, p. 1. 

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21 

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approximation  of  the  laws  of  the  Member  States  concerning  food  additives 
authorised for use in foods intended for human consumption23; 

of 

definition 

‘flavouring’ 

the 
of  Council 
Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the 
Member  States  relating  to  flavourings  for  use  in  foodstuffs  and  to  source 
materials for their production24; 

in  Article 

1(2)(a) 

the  definitions  of  ‘meat’  and  ‘mechanically  separated  meat’  in  points  1.1  and 
1.14 of Annex I to Regulation (EC) No 853/2004; 

the  definitions  of  ‘claim’,  ‘nutrient’,  ‘other  substance’,  ‘nutrition  claim’  and 
‘health claim’ in Article 2(2) (1) to (5) of Regulation (EC) No 1924/2006. 

(d) 

(e) 

(f) 

23 
24 

OJ L 40, 11.2.1989, p. 27. 
OJ L 184, 15.7.1988, p. 61. 

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22 

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2. 

The following definitions shall also apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

‘food information’ means information concerning a food and made available to 
the  final  consumer  by  means  of  a  label,  other  accompanying  material,  or  any 
other  means  including  modern  technology  tools  or  verbal  communication.  It 
does 
by 
Directive 2000/31/EC  of  the  European  Parliament  and  of  the  Council  of 
8 June 2000  on  certain  legal  aspects  of  information  society  services,  in 
particular electronic commerce, in the Internal Market25; 

communications 

commercial 

defined 

cover 

not 

as 

‘food  information  law’  means  the  Community  provisions  governing  the  food 
information,  and  in  particular  labelling,  including  rules  of  a  general  nature 
applicable  to  all  foods  or  to  specified  foods  and  rules  which  apply  only  to 
specific foods; 

‘mandatory  food  information’  means  the  particulars  that  are  required  to  be 
provided to the final consumer by Community legislation; 

‘mass  caterers’  means  any  establishment  (including  a  vehicle  or  a  fixed  or 
mobile stall), such as restaurants, canteens, schools and hospitals, where, in the 
course of a business, food is prepared for delivery to the final consumer and is 
ready for consumption without further preparation; 

‘prepacked  food’  means  any  single  item  for  presentation  as  such  to  the  final 
consumer  and  to  mass  caterers,  consisting  of  a  food  and  the  packaging  into 
which  it  was  put  before  being  offered  for  sale,  whether  such  packaging 
encloses  the food completely  or only partially, but in any case in such a way 
that the contents cannot be altered without opening or changing the packaging; 

‘ingredient’ means any substance, including food additives and food enzymes, 
and  any  constituent  of  a  compound  ingredient,  used  in  the  manufacture  or 
preparation  of  a  food  and  still  present  in  the  finished  product,  even  if  in  an 
altered form; residues shall not be considered as ingredients; 

'place of provenance' means any place where a food is indicated to come from, 
and that is not the 'country of origin' as determined in accordance with Articles 
23 to 26 of Council Regulation (EEC) No 2913/92; 

‘compound  ingredient’  is  an  ingredient  that  is  itself  the  product  of  more  than 
one ingredient; 

‘label’  means  any  tag,  brand,  mark,  pictorial  or  other  descriptive  matter 
written, printed, stencilled, marked, embossed or impressed on, or attached to, 
a container of food; 

‘labelling’  means  any  words,  particulars,  trade  marks,  brand  name,  pictorial 
matter  or  symbol  relating  to  a  food  and  placed  on  any  packaging,  document, 
notice, label, ring or collar accompanying or referring to such food; 

25 

OJ L 178, 17.7.2000, p. 1. 

EN 

23 

   EN 

 
                                                 
(k) 

(l) 

‘field  of  vision’  means  all  the  surfaces  of  a  package  that  can  be  read  from  a 
single viewing point, permitting rapid and easy access to labelling information 
by  allowing  consumers  to  read  this  information  without  needing  to  turn  the 
package back and forth; 

‘legal  name’  means  the  name  of  a  food  prescribed  in  the  Community 
provisions  applicable  to  it  or,  in  the  absence  of  such  Community  provisions, 
the  name  provided  for  in  the  laws,  regulations  and  administrative  provisions 
applicable in the Member State in which the food is sold to the final consumer 
or to mass caterers; 

(m) 

‘customary  name’  means  a  name  which  is  accepted  as  the  name  of  the  food 
without  it  needing  further  explanation  by  consumers  in  the  Member  State  in 
which it is sold; 

(n) 

(o) 

(p) 

(q) 

(r) 

(s) 

(t) 

‘descriptive  name’  means  a  name  providing  a  description  of  the  food,  and  if 
necessary  of  its  use,  which  is  sufficiently  clear  to  enable  the  consumers  to 
know its true nature and distinguish it from other products with which it might 
be confused; 

‘primary ingredient(s)’ means the significant and/or characterising ingredients 
of a food; 

‘significant ingredient(s)’ means the ingredient of a food that represents more 
than 50% of this food; 

‘characterising ingredient(s)’ means any ingredient of a food which is usually 
associated with the name of the food by the consumer and for which in most 
cases a quantitative indication is required; 

‘essential  requirements’  means  the  requirements  whereby  the  level  of 
consumer  protection  and  food  information  is  determined  with  respect  to  a 
given issue and which are laid down in a Community act which allows for the 
development of national schemes referred to in Article 44; 

‘date  of  minimum  durability  of  a  food’  means  the  date  until  which  the  food 
retains its specific properties when properly stored; 

‘best  practices’  means  standards,  schemes,  initiatives,  or  any  other  activities 
endorsed  by  competent  authorities  that  have  been  shown  through  experience 
and  research  to  be  the  most  effective  for  the  majority  of  consumers  and  are 
considered as models for others to follow. 

3. 

For the purposes of this Regulation the country of origin of a food shall refer to the 
origin  of  a  food  as  determined  in  accordance  with  Articles  23  to  26  of  Council 
Regulation (EEC) No 2913/92. 

4. 

The specific definitions set out in Annex I shall also apply. 

EN 

24 

   EN 

 
CHAPTER II 

GENERAL PRINCIPLES ON FOOD INFORMATION 

Article 3 
General objectives 

1. 

2. 

3. 

The  provision  of  food  information  shall  pursue  a  high  level  of  protection  of 
consumers’  health  and  interests  by  providing  a  basis  for  final  consumers  to  make 
informed  choices  and  to  make  safe  use  of  food,  with  particular  regard  to  health, 
economic, environmental, social and ethical considerations. 

Food information law shall aim to achieve in the Community the free movement of 
food legally produced and marketed, taking into account, where appropriate, the need 
to  protect  the  legitimate  interests  of  producers  and  to  promote  the  production  of 
quality products. 

When  food  information  law  establishes  new  requirements,  consideration  shall  be 
given  to  the  need  for  a  transitory  period  after  the  entry  into  force  of  the  new 
requirements,  during  which  foods  bearing  labels  not  complying  with  the  new 
requirements can be placed on the market and for stocks of such foods that have been 
placed  on  the  market  before  the  end  of  the  transitory  period  to  continue  to  be  sold 
until exhausted. 

Article 4 
Principles governing mandatory food information 

1. 

Where  mandatory  food  information  is  required  by  food  information  law,  it  shall 
concern information that falls, in particular, into one of the following categories: 

(a) 

(b) 

information on the identity and composition, properties or other characteristics 
of the food; 

information on the protection of consumers’ health and the safe use of a food. 
In particular, it shall concern information on: 

(i) 

compositional  attributes  that  may  be  harmful  to  the  health  of  certain 
groups of consumers; 

(ii)  durability, storage and safe use; 

(iii) 

the  health  impact,  including  the  risks  and  consequences  related  to 
harmful and hazardous consumption of a food; 

(c) 

information on nutritional characteristics so as to enable consumers, including 
those with special dietary requirements, to make informed choices. 

EN 

25 

   EN 

 
2. 

When considering the need for mandatory food information, account shall be taken 
of a widespread need on the part of the majority of consumers for certain information 
to  which  they  attach  significant  value  or  of  any  generally  accepted  benefits  to  the 
consumer to enable them to make informed choices. 

Article 5 
Consultation of the Authority 

Any food information law measures likely to have an effect on public health shall be adopted 
after consultation of the European Food Safety Authority. 

CHAPTER III 

GENERAL FOOD INFORMATION REQUIREMENTS AND 
RESPONSIBILITIES OF FOOD BUSINESS OPERATORS 

Article 6 
Basic requirement 

Any food intended for supply to the final consumer or to mass caterers shall be accompanied 
by food information in accordance with this Regulation. 

Article 7 
Fair information practices 

1. 

Food information shall not be misleading to a material degree, particularly: 

(a) 

as to the characteristics of the food and, in particular, as to its nature, identity, 
properties,  composition,  quantity,  durability,  country  of  origin  or  place  of 
provenance, method of manufacture or production; 

(b)  by attributing to the food effects or properties which it does not possess; 

2. 

3. 

(c) 

by  suggesting  that  the  food  possesses  special  characteristics  when  in  fact  all 
similar foods possess such characteristics. 

Food information shall be accurate, clear, and easy to understand for the consumer. 

Subject to derogations provided for by Community legislation applicable to natural 
mineral  waters  and  foods  for  particular  nutritional  uses,  food  information  shall  not 
attribute to any food the property of preventing, treating or curing a human disease, 
nor refer to such properties. 

4. 

The prohibition referred to in paragraph 3 shall also apply to: 

(a) 

advertising; 

EN 

26 

   EN 

 
1. 

2. 

3. 

4. 

5. 

6. 

(b) 

the presentation of foods in particular their shape, appearance or packaging, the 
packaging materials used, the way in which they are arranged and the setting in 
which they are displayed. 

Article 8 
Responsibilities 

Without  prejudice  to  paragraphs  3  and  4,  food  business  operators,  within  the 
businesses under their control, shall ensure compliance with the requirements of food 
information  law  which  are  relevant  to  their  activities  and  shall  verify  that  such 
requirements are met. 

Food business operators, within the business under their control, shall not modify the 
information  accompanying  a  food  if  such  modification  would  mislead  the  final 
consumer  or  otherwise  reduce  the  level  of  consumer  protection,  particularly  with 
regard to health. 

Food business operators placing on the market for the first time a food intended for 
supply to the final consumer or mass caterer shall ensure the presence and accuracy 
of the food information in accordance with the applicable food information law. 

Food business operators responsible for retail or distribution activities which do not 
affect  food  information  shall  act  with  due  care  to  ensure,  within  the  limits  of  their 
respective activities, the presence of the applicable food information requirements, in 
particular by not supplying foods which they know or presume to be non compliant, 
on the basis of the information in their possession as professionals. 

Food  business  operators  within  the  business  under  their  control  shall  ensure  that 
information  relating  to  non-prepacked  food  shall  be  transmitted  to  the  operator 
receiving  the  food  in  order  to  enable,  where  appropriate,  the  provision  of  the 
mandatory food information specified in Article 9(1) points (a) to (c) and (f) to the 
final consumer. 

In  the  following  cases,  food  business  operators,  within  the  businesses  under  their 
control  shall  ensure  that  the  mandatory  particulars  required  under  Article 9  shall 
appear on the external packaging in which the food is presented for marketing, or on 
the  commercial  documents  referring  to  the  foods  where  it  can  be  guaranteed  that 
such documents either accompany the food to which they refer or were sent before or 
at the same time as delivery: 

(a)  where  prepacked  food  is  intended  for  the  final  consumer  but  marketed  at  a 
stage prior to sale to the final consumer and where sale to a mass caterer is not 
involved at that stage; 

(b)  where prepacked food is intended for supply to mass caterers for preparation, 

processing, splitting or cutting up. 

Notwithstanding  subparagraph  1,  food  business  operators  shall  ensure  that  the 
particulars  referred  to  in  Article 9(1)  (a),  (f)  and  (h)  also  appear  on  the  external 
packaging in which the food is presented for marketing. 

EN 

27 

   EN 

 
CHAPTER IV 

MANDATORY FOOD INFORMATION  

SECTION 1 

CONTENT AND PRESENTATION  

Article 9 
List of mandatory particulars 

1. 

In accordance with Articles 10 to 34 and subject to the exceptions contained in this 
Chapter, indication of the following particulars shall be mandatory. 

(a) 

the name of the food; 

(b) 

the list of ingredients; 

(c) 

any  ingredient  listed  in  Annex II  causing  allergies  or  intolerances,  and  any 
substance derived therefrom; 

(d) 

the quantity of certain ingredients or categories of ingredients; 

(e) 

the net quantity of the food; 

(f) 

the date of minimum durability or the ‘use by’ date; 

(g) 

any special storage conditions or conditions of use; 

(h) 

(i) 

the name or business name and address of the manufacturer or packager, or of 
a seller established within the Community; 

the  country  of  origin  or  place  of  provenance  where  failure  to  indicate  this 
might mislead the consumer to a material degree as to the true country of origin 
or  place  of  provenance  of  the  food,  in  particular  if  the  information 
accompanying the food or the label as a whole would otherwise imply that the 
food has a different country of origin or place of provenance; in such cases the 
indication shall be in accordance with the rules laid down in Article 35(3) and 
(4) and those established in accordance with Article 35(5); 

(j) 

instructions for use when it would be impossible to make appropriate use of the 
food in the absence of such instructions; 

(k)  with  respect  to  beverages  containing  more  than  1,2 %  by  volume  of  alcohol, 

the actual alcoholic strength by volume; 

(l) 

a nutrition declaration. 

EN 

28 

   EN 

 
2. 

3. 

1. 

2. 

The particulars referred to in paragraph 1 shall be indicated with words and numbers 
unless  the  consumers  are  informed,  as  regards  one  or  more  particulars,  by  other 
forms  of  expression  established  by  implementing  measures  adopted  by  the 
Commission.  Those  measures  designed  to  amend  non-essential  elements  of  this 
Regulation by supplementing it, shall be adopted, in accordance with the regulatory 
procedure with scrutiny referred to in Article 49(3). 

The  Commission  may  amend  the  list  of  mandatory  particulars  laid  down  in 
paragraph  1.  Those  measures  designed  to  amend  non-essential  elements  of  this 
Regulation  by  supplementing  it  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 49(3). 

Article 10 
Additional mandatory particulars for specific types or categories of food 

In  addition  to  the  particulars  listed  in  Article  9(1)  additional  mandatory  particulars 
for specific types or categories of food are laid down in Annex III. 

The  Commission  may  amend  Annex  III.  Those  measures  designed  to  amend  non-
essential  elements  of  this  Regulation  by  supplementing  it  shall  be  adopted,  in 
accordance with the regulatory procedure with scrutiny referred to in Article 49(4). 

Article 11 
Derogations from the requirement for mandatory particulars 

For  specific  types  or  categories  of  foods,  the  Commission  may  provide  for  derogations,  in 
exceptional cases, from the requirements laid down in Article 9(1) (b) and (f), provided that 
such  derogations  do  not  result  in  the  final  consumer  and  mass  caterers  being  inadequately 
informed. Those measures designed to amend the non-essential elements of this Regulation by 
supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 49(3). 

Article 12 
Weights and measures 

Article 9 shall be without prejudice to more specific Community provisions regarding weights 
and measures. 

Article 13 
Availability and placement of mandatory food information 

1. 

2. 

Mandatory  food  information  shall  be  available  and  shall  be  easily  accessible,  in 
accordance with this Regulation for all foods. 

In  the  case  of  prepacked  food,  mandatory  food  information  shall  appear  on  the 
package or on a label attached thereto. 

EN 

29 

   EN 

 
3. 

The availability of certain mandatory particulars by means other than on the package 
or  on  the  label  may  be  established  by  the  Commission  provided  the  general 
principles  and  requirements  laid  down  in  Chapter  II  of  this  Regulation  are  met. 
Those  measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it shall be adopted, in accordance with the regulatory procedure with 
scrutiny referred to in Article 49(3). 

4. 

In the case of non-prepacked food, the provisions of Article 41 shall apply.  

Article 14 
Presentation of mandatory particulars 

1. 

2. 

3. 

4. 

5. 

6. 

Without prejudice to specific Community legislation applicable to particular foods as 
regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on 
the  package  or  on  the  label  attached  thereto,  the  mandatory  particulars  listed  in 
Article 9(1) shall be printed on the package or on the label in characters of a font size 
of at least 3mm and shall be presented in a way so as to ensure a significant contrast 
between the print and background. 

The particulars listed in Article 9(1) (a), (e) and (k) shall appear in the same field of 
vision. 

Detailed rules concerning the presentation of mandatory particulars and the extension 
of the requirements referred to in paragraph 2 to the additional mandatory particulars 
for  specific  categories  or  types  of  food  referred  to  in  Articles 10  and  38  may  be 
adopted  by  the  Commission.  Those  measures  designed  to  amend  non-essential 
elements of this Regulation by supplementing it shall be adopted in accordance with 
the regulatory procedure with scrutiny referred to in Article 49(3). 

The  minimum  font  size  referred  to  in  paragraph  1  shall  not  apply  in  case  of 
packaging or containers the largest surface of which has an area of less than 10 cm2. 

Paragraph 2 shall not apply in the case of foods specified in Article 17(1) and (2). 

Mandatory food information shall be marked in a conspicuous place in such a way as 
to  be  easily  visible,  clearly  legible  and,  where  appropriate,  indelible.  It shall  not  in 
any way be hidden, obscured, detracted from or interrupted by any other written or 
pictorial matter or any other intervening material. 

Article 15 
Distance selling 

Without prejudice to the information requirements laid down in Article 9, in the case of foods 
offered  for  sale  by  means  of  distance  communication  as  defined  in  Article 2  of 
Directive 97/7/EC  of  the  European  Parliament  and  of  the  Council  of  20 May 1997  on  the 
protection of consumers in respect of distance contracts26: 

26 

OJ L 144, 4.6.1997, p. 19. 

EN 

30 

   EN 

 
                                                 
(a) 

(b) 

1. 

2. 

3. 

1. 

2. 

3. 

mandatory food information shall be available before the purchase is concluded and 
shall  appear  on  the  material  supporting  the  distance  selling  or  be  provided  through 
other appropriate means; 

the  particulars  provided  in  Article 9(1)  points (d),  (f),  (g),  (h)  and  (k)  shall  be 
mandatory only at the moment of delivery. 

Article 16 
Language requirements 

Without  prejudice  to  Article  9(2),  mandatory  food  information  shall  appear  in  a 
language easily understood by the consumers of the Member States where a food is 
marketed. 

Within  their  own  territory,  the  Member  States  in  which  a  food  is  marketed  may 
stipulate that the particulars shall be given in one or more languages from among the 
official languages of the Community. 

Paragraphs 1 and 2 shall not preclude the particulars from being indicated in several 
languages. 

Article 17 
Omission of certain mandatory particulars 

In the case of glass bottles intended for reuse which are indelibly marked and which 
therefore  bear  no  label,  ring  or  collar  only  the  particulars  listed  in  Article 9(1)  (a), 
(c), (e), (f) and (l) shall be mandatory. 

In the case of packaging or containers the largest surface of which has an area of less 
than  10 cm2  only  the  particulars  listed  in  Article 9(1)  (a),  (c),  (e)  and  (f)  shall  be 
mandatory  on  the  package  or  on  the  label.  The  particulars  referred  to  in 
Article 9(1)(b)  shall  be  provided  through  other  means  or  shall  be  available  at  the 
request of the consumer. 

Without  prejudice  to  other  Community  legislation  requiring  mandatory  nutrition 
declaration,  the  declaration  referred  to  in Article  9(1)(l)  shall  not  be  mandatory  for 
the foods listed in Annex IV. 

EN 

31 

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SECTION 2 

DETAILED PROVISIONS ON MANDATORY PARTICULARS 

Article 18 
Name of the food 

1. 

2. 

1. 

2. 

3. 

The name of the food shall be its legal name. In the absence of such name, the name 
of  the  food  shall  be  its  customary  name,  or,  if  there  is  no  customary  name  or  the 
customary name is not used, a descriptive name of the food shall be provided. 

Specific  provisions  on  the  use  of  the  name  of  the  food  and  particulars  that  shall 
accompany it are laid down in Annex V. 

Article 19 
List of ingredients 

The  list  of  ingredients  shall  be  headed  or  preceded  by  a  suitable  heading  which 
consists of or includes the word ‘ingredients’. It shall include all the ingredients of 
the  food,  in  descending  order  of  weight,  as  recorded  at  the  time  of  their  use  in  the 
manufacture of the food. 

Ingredients  shall  be  designated  by  their  specific  name,  where  applicable,  in 
accordance with the rules laid down in Article 18 and in Annex V. 

Technical rules for applying paragraphs 1 and 2 are laid down in Annex VI. 

Article 20 
Omission of the list of ingredients 

The following foods shall not be required to bear a list of ingredients: 

(a) 

(b) 

(c) 

(d) 

fresh  fruit  and  vegetables,  including  potatoes,  which  have  not  been  peeled,  cut  or 
similarly treated; 

carbonated water, the description of which indicates that it has been carbonated; 

fermentation vinegars derived exclusively from a single basic product, provided that 
no other ingredient has been added; 

cheese,  butter,  fermented  milk  and  cream,  to  which  no  ingredient  has  been  added 
other  than  lactic  products,  enzymes  and  micro-organism  cultures  essential  to 
manufacture, or in the case of cheese other than fresh cheese and processed cheese 
the salt needed for its manufacture; 

(e) 

wine  as  defined  in  Council  Regulation  (EC)  No  1493/1999,  beer,  and  spirits  as 
defined  in  Article  2(1)  of  Regulation  (EC)  No.  […]  of  […]  of  the  European 

EN 

32 

   EN 

 
Parliament  and  of  the  Council  on  the  definition,  description,  presentation,  labelling 
and the protection of geographical indications of spirit drinks and repealing Council 
Regulation  (EEC)  No  1576/89.  The  Commission  shall  produce  a  report  after  [five 
years of the entry into force of this Regulation] concerning the application of Article 
19  on  these  products  and  may  accompany  this  report  by  specific  measures 
determining  the  rules  for  labelling  ingredients.  Those  measures  designed  to  amend 
non-essential  elements  of  this  Regulation,  by  supplementing  it  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 49(3); 

(f) 

foods consisting of a single ingredient, where: 

(i) 

the name of the food is identical with the ingredient name; or 

(ii) 

the  name  of  the  food  enables  the  nature  of  the  ingredient  to  be  clearly 
identified. 

Article 21 
Omission of constituents of food from the list of ingredients 

The  following  constituents  of  a  food  shall  not  be  required  to  be  included  in  the  list  of 
ingredients: 

(a) 

the  constituents  of  an  ingredient  which  have  been  temporarily  separated  during  the 
manufacturing  process  and  later  reintroduced  but  not  in  excess  of  their  original 
proportions; 

(b) 

food additives and enzymes: 

(i)  whose  presence  in  a  given  food  is  solely  due  to  the  fact  that  they  were 
contained in one or more ingredients of that food, provided that they serve no 
technological function in the finished product; or 

(ii)  which are used as processing aids; 

(c) 

(d) 

substances  used  in  the  quantities  strictly  necessary  as  solvents  or  media  for 
nutritional substances, food additives or flavouring; 

substances which are not food 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 an altered form; 

(e) 

water: 

(i)  where  the  water  is  used  during  the  manufacturing  process  solely  for  the 
reconstitution of an ingredient used in concentrated or dehydrated form; or 

(ii) 

in the case of a liquid medium which is not normally consumed. 

EN 

33 

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Article 22 
Labelling of certain substances causing allergies or intolerances 

1. 

Any  ingredient  listed  in  Annex II  or  any  substance  originating  from  an  ingredient 
listed  in  that  Annex,  subject  to  the  exceptions  thereof  provided  for  in  that  Annex, 
shall be indicated on the label with a precise reference to the name of the ingredient. 

That indication shall not be required in cases where: 

(a) 

the name of the food clearly refers to the ingredient concerned; or 

(b) 

the ingredient listed in Annex II  from which a substance originates is already 
included in the list of ingredients. 

The  list  in  Annex  II  shall  be  systematically  re-examined  and,  where  necessary, 
updated by the Commission on the basis of the most recent scientific and technical 
knowledge. 

Those  measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 49(4). 

Where necessary, technical guidelines may be issued for the interpretation of the list 
in Annex II, in accordance with the procedure referred to in Article 49(2). 

Article 23 
Quantitative indication of ingredients 

The indication of the quantity of an ingredient or category of ingredients used in the 
manufacture or preparation of a food shall be required where: 

(a) 

(b) 

(c) 

the ingredient or category of ingredients concerned appears in the name of the 
food or is usually associated with that name by the consumer; or 

the  ingredient  or  category  of  ingredients  concerned  is  emphasised  on  the 
labelling in words, pictures or graphics; or 

the ingredient or category of ingredients concerned is essential to characterise a 
food  and  to  distinguish  it  from  products  with  which  it  might  be  confused 
because of its name or appearance. 

The  Commission  may  amend  paragraph  1  by  adding  other  cases.  Those  measures 
designed  to  amend  non-essential  elements  of  this  Regulation  by  supplementing  it 
shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 49(3). 

Technical  rules  for  applying  paragraph 1,  including  specific  cases  where  the 
quantitative indication shall not be required in respect of certain ingredients, are laid 
down in Annex VII. 

2. 

3. 

1. 

2. 

3. 

EN 

34 

   EN 

 
1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

Article 24 
Net Quantity 

The  net  quantity  of  a  food  shall  be  expressed,  using  litres,  centilitres,  millilitres, 
kilograms or grams, as appropriate: 

(a) 

in units of liquid in the case of liquids; 

(b) 

in units of mass in the case of other products. 

The expression of the net quantity for certain specified foods in a different manner 
than the one described in paragraph 1 may be established by the Commission. Those 
measures  designed  to  amend  the  non-essential  elements  of  this  Regulation  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 49(3). 

Technical  rules  for  applying  paragraph 1,  including  specific  cases  where  the 
indication of the net quantity shall not be required, are laid down in Annex VIII. 

Article 25 
Minimum durability date and ‘use by’ date 

In  the  case  of  foods  which,  from  a  microbiological  point  of  view,  are  highly 
perishable  and  are  therefore  likely  after  a  short  period  to  constitute  an  immediate 
danger to human health, the date of minimum durability shall be replaced by the ‘use 
by’ date.  

The appropriate date shall be expressed in accordance with Annex IX. 

The manner of indicating the date of minimum durability referred to in point 1(c) of 
Annex IX  may  be  specified  in  accordance  with  the  procedure  referred  to  in 
Article 49(2). 

Article 26 
Instructions for use 

The  instructions  for  use  of  a  food  shall  be  indicated  in  such  a  way  as  to  enable 
appropriate use to be made thereof. 

The Commission may lay down rules as regards the way in which those instructions 
shall  be  indicated  in  the  case  of  certain  foods.  Those  measures  designed  to  amend 
non-essential  elements  of  this  Regulation,  by  supplementing  it  shall  be  adopted,  in 
accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 

EN 

35 

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Article 27 
Alcoholic strength 

1. 

2. 

The rules concerning indication of the alcoholic strength by volume shall, in the case 
of products classified under the Common Customs Tariff headings 22.04 and 22.05, 
be those laid down in the specific Community provisions applicable to such products. 

The actual alcoholic strength by volume of beverages containing more than 1,2 % by 
volume  of  alcohol  other  than  those  referred  to  in  paragraph 1  shall  be  indicated  in 
accordance with Annex X. 

SECTION 3 

NUTRITION DECLARATION 

Article 28 
Relation with other legislation 

1. 

The  provisions  of  this  Section  shall  not  apply  to  foods  within  the  scope  of  the 
following legislation: 

(a)  Directive 2002/46/EC  of  the  European  Parliament  and  of  the  Council  of 
10 June 2002 on the approximation of the laws of the Member States relating 
to food supplements27; 

(b)  Council  Directive 80/777/EEC  of  15 July 1980  on  the  approximation  of  the 
laws of the Member States relating to the exploitation and marketing of natural 
mineral waters28. 

2. 

this  Section 

to  Council 
The  provisions  of 
Directive 89/398/EEC  of  3 May 1989  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  foodstuffs  intended  for  particular  nutritional  uses29  and 
specific Directives as referred to in Article 4(1) of that Directive. 

apply  without  prejudice 

Article 29 
Content 

1. 

The  nutrition  declaration  shall  include  the  following  (hereinafter  referred  to  as 
"mandatory nutrition declaration"): 

(a) 

energy value; 

(b) 

the  amounts  of  fat,  saturates,  carbohydrates  with  specific  reference  to  sugars, 
and salt. 

27 
28 
29 

OJ L 183, 12.7.2002, p. 51. 
OJ L 229, 30.8.1980, p. 1. 
OJ L 186, 30.6.1989, p. 27. 

EN 

36 

   EN 

 
                                                 
This  paragraph  shall  not  apply  to  wine  as  defined  in  Council  Regulation  (EC)  No 
1493/1999, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of 
[…]  of  the  European  Parliament  and  of  the  Council  on  the  definition,  description, 
presentation, labelling and the protection of geographical indications of spirit drinks 
and repealing Council Regulation (EEC) No 1576/89. The Commission shall produce 
a  report  after  [five  years  of  the  entry  into  force  of  this  Regulation]  concerning  the 
application  of  this  paragraph  on  these  products  and  may  accompany  this  report  by 
specific  measures  determining  the  rules  for  a  mandatory  nutrition  declaration  for 
these  products.  Those  measures  designed  to  amend  non-essential  elements  of  this 
Regulation, by supplementing it shall be adopted in accordance with the regulatory 
procedure with scrutiny referred to in Article 49(3). 

2. 

The  nutrition  declaration  may  also  include  the  amounts  of  one  or  more  of  the 
following: 

(a) 

trans fats; 

(b)  mono-unsaturates; 

(c) 

polyunsaturates; 

(d)  polyols; 

(e) 

starch; 

(f) 

fibre; 

(g)  protein; 

3. 

4. 

1. 

2. 

(h) 

any  of  the  minerals  or  vitamins  listed  in  point 1  of  Part A  of  Annex XI,  and 
present in significant amounts as defined in point 2 of Part A of Annex XI. 

The declaration of the amount of substances which belong to or are components of 
one of the categories of nutrients referred to in paragraph 2 shall be required where a 
nutrition and/or health claim is made. 

The lists in paragraphs 1 and 2 may be amended by the Commission. Those measures 
designed  to  amend  non-essential  elements  of  this  Regulation  by  supplementing  it 
shall be adopted, in accordance with the regulatory procedure with scrutiny referred 
to in Article 49(3). 

Article 30 
Calculation 

The amount of energy shall be calculated using the conversion factors in Annex XII. 

Conversion factors for the vitamins and minerals mentioned in point 1 of Part A of 
Annex XI, in order to calculate more precisely their content in foods, may be set and 
included in Annex XII by the Commission. Those measures designed to amend non-
essential  elements  of  this  Regulation  by  supplementing  it  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 

EN 

37 

   EN 

 
3. 

The  amounts  of  energy  and  nutrients  referred  to  in  Article  29(1)  and  (2)  shall  be 
those of the food as sold. 

Where appropriate, the information may relate to the food after preparation, provided 
that  sufficiently  detailed  preparation  instructions  are  given  and  the  information 
relates to the food as prepared for consumption. 

4. 

The declared values shall, according to the individual case, be average values based 
on: 

(a) 

the manufacturer’s analysis of the food; or 

(b) 

a calculation from the known or actual average values of the ingredients used; 
or 

(c) 

a calculation from generally established and accepted data. 

The rules for implementing the declaration of energy and nutrients with regard to the 
precision of the declared values such as the differences between the declared values 
and  those  established  in  the  course  of  official  checks  may  be  decided  upon  in 
accordance with the procedure laid down in Article 49(2). 

Article 31 
Forms of expression 

1. 

2. 

3. 

4. 

1. 

The amount of energy and nutrients or their components referred to in Article 29(1) 
and  (2)  shall  be  expressed  using  the  measurement  units  listed  in  Part A  of 
Annex XIII. 

The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 
100 g or per 100 ml or, subject to Article 32(2) and (3), per portion. 

The  mandatory  nutrition  declaration  shall  be  expressed,  as  appropriate,  as  a 
percentage of the reference intakes set out in Part B of Annex XI in relation to per 
100 g or per 100 ml or per portion. When provided, the declaration on vitamins and 
minerals  shall  also  be  expressed  as  a  percentage  of  the  reference  intakes  set  out  in 
point 1 of Part A of Annex XI. 

The  declaration  of  polyols  and/or  starch  and  the  declaration  of  type  of  fatty  acids, 
other than the mandatory declaration of saturates referred to in Article 29(1)(b), shall 
be presented in accordance with Annex XIII Part B. 

Article 32 
Expression on a per portion basis 

In addition to the nutrition declaration per 100g or per 100ml referred to in Article 
31(2),  the  information  may  be  expressed  per  portion  as  quantified  on  the  label, 
provided that the number of portions contained in the package is stated. 

EN 

38 

   EN 

 
2. 

3. 

1. 

The nutrition declaration may be expressed on a per portion basis alone if the food is 
prepacked as an individual portion. 

The  expression  on  a  per  portion  basis  alone  for  foods  presented  in  packages 
containing multiple portions of the food, that have not been prepacked as individual 
portions, shall be established by the Commission. Those measures designed to amend 
non-essential  elements  of  this  Regulation  by  supplementing  it  shall  be  adopted,  in 
accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 

Article 33 
Additional forms of expression 

In  addition  to  the  forms  of  expression  referred  to  in  Article 31(2)  and  (3),  the 
nutrition  declaration  may  be  given  by  other  forms  of  expression  provided  that  the 
following essential requirements are met: 

(a) 

(b) 

(c) 

the  form  of  expression  aims  to  facilitate  consumer  understanding  of  the 
contribution or importance of the food to the energy and nutrient content of a 
diet; and 

it  is  based  either  on  harmonised  reference  intakes,  or  in  their  absence,  on 
generally accepted scientific advice on intakes for energy or nutrients; and 

it is supported by evidence of understanding of and use of the presentation of 
the information by the average consumer. 

2. 

Such  additional  forms  of  expression  referred  to  in  paragraph  1  shall  be  identified 
under a national scheme referred to in Article 44. 

Article 34 
Presentation 

1. 

2. 

3. 

The  particulars  referred  to  Article 31(2)  related  to  the  mandatory  nutrition 
declaration shall be included in the principal field of vision. They shall be presented, 
where  appropriate,  together  in  a  clear  format  in  the  following  order:  energy,  fat, 
saturates, carbohydrates with specific reference to sugars, and salt. 

The nutrition declaration in relation to the nutrients referred to in Article 29(2) shall 
appear together in one place and, as appropriate, in the order of presentation provided 
in Part C of Annex XIII. 

When  this  nutrition  declaration  does  not  appear  in  the  principal  field  of  vision,  it 
shall be presented in tabular form, with the numbers aligned if space permits. Where 
space does not permit, the declaration shall appear in linear form. 

If  the  mandatory  nutrition  declaration  appears  together  with  the  declaration  on 
nutrients  referred  to  in  Article 29(2),  the  order  of  presentation  of  the  energy  and 
nutrients included in the declaration shall be, as appropriate, in the order provided in 
Part C of Annex XIII. 

EN 

39 

   EN 

 
4. 

5. 

6. 

1. 

2. 

3. 

4. 

5. 

In  cases  where  the  amount  of  energy  or  nutrient(s)  in  a  product  is  negligible,  the 
nutrition  declaration  on  those  elements  may  be  replaced  by  a  statement  such  as 
‘Contains  negligible  amounts  of  …’  in  close  proximity  to  the  nutrition  declaration 
when present. 

Graphical forms or symbols for the presentation of the nutrition declaration may be 
used  under  a  national  scheme  referred  to  in  Article  44  provided  the  following 
essential requirements are met: 

(a) 

such forms of presentation shall not mislead the consumer; and 

(b) 

there shall be evidence of understanding of such forms of presentation by the 
average consumer. 

Rules  relating  to  other  aspects  of  presentation  of  nutrition  declaration,  other  than 
those  referred  to  in  paragraph  5,  may  be  established  by  the  Commission.  Those 
measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 49(3). 

CHAPTER V 

VOLUNTARY FOOD INFORMATION  

Article 35 
Applicable requirements 

Where food information covered by this Regulation is provided on a voluntary basis, 
such information shall comply with the relevant specific requirements laid down in 
this Regulation.  

Without  prejudice  to  labelling  in  accordance  with  specific  Community  legislation, 
paragraphs 3 and 4 shall apply where the country of origin or the place of provenance 
of a food is voluntarily indicated to inform consumers that a food originates or comes 
from the European Community or a given country or place.  

Where the country of origin or the place of provenance of the food is not the same as 
the one of its primary ingredient(s), the country of origin or place of provenance of 
those ingredient(s) shall also be given. 

For meat, other than beef and veal, the indication on the country of origin or place of 
provenance  may  be  given  as  a  single  place  only  where  animals  have  been  born, 
reared  and  slaughtered  in  the  same  country  or  place.  In  other  cases  information  on 
each of the different places of birth, rearing and slaughter shall be given. 

Implementing rules concerning the application of paragraph 3 shall be established by 
the Commission. Those measures designed to amend non-essential elements of this 

EN 

40 

   EN 

 
Regulation  by  supplementing  it  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 49(3). 

6. 

Implementing  rules  concerning  the  conditions  and  criteria  of  use  of  particulars 
voluntarily  provided  may  be  established  by  the  Commission.  Those  measures 
designed  to  amend  non-essential  elements  of  this  Regulation  by  supplementing  it 
shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 49(3). 

Article 36 
Presentation 

Voluntary  information  shall  not  be  displayed  to  the  detriment  of  the  space  available  for 
mandatory information. 

CHAPTER VI 

NATIONAL PROVISIONS 

Article 37 
Principle 

Member  States  may  only  adopt  provisions  in  the  field  of  food  information  where  this  is 
provided for by this Regulation. 

Article 38 
National provisions on additional mandatory particulars 

1. 

In addition to the mandatory particulars referred to in Article 9(1) and in Article 10, 
Member  States  may,  in  accordance  with  the  procedure  laid  down  in  Article 42, 
require  additional  mandatory  particulars  for  specific  types  or  categories  of  foods, 
justified on grounds of: 

(a) 

the protection of public health; 

(b) 

the protection of consumers; 

(c) 

the prevention of fraud; 

(d) 

the  protection  of  industrial  and  commercial  property  rights,  indications  of 
provenance,  registered  designations  of  origin  and  the  prevention  of  unfair 
competition. 

2. 

By  means  of  paragraph  1,  Member  States  may  introduce  measures  concerning  the 
mandatory indication of the country of origin or place of provenance of foods only 
where  there  is  a  proven  link  between  certain  qualities  of  the  food  and  its  origin  or 
provenance. When notifying such measures to the Commission, Member States shall 

EN 

41 

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provide  evidence  that  the  majority  of  consumers  attach  significant  value  to  the 
provision of this information. 

Article 39 
Milk and milk products  

Member States may adopt measures derogating from Article 9(1) and Article 10(2) in the case 
of milk and milk products presented in glass bottles intended for reuse. 

They shall communicate to the Commission the text of those measures without delay. 

Article 40 
Alcoholic beverages 

Member States may, pending the adoption of the Community provisions referred to in Article 
20(e),  maintain  national  rules  as  regard  the  listing  of  ingredients  in  the  case  of  beverages 
containing more than 1,2 % by volume of alcohol. 

1. 

2. 

3. 

1. 

2. 

Article 41 
National measures for non-prepacked food 

Where  foods  are  offered  for  sale  to  the  final  consumer  or  to  mass  caterers  without 
prepackaging,  or  where  foods  are  packed  on  the  sales  premises  at  the  consumer's 
request  or  prepacked  for  direct  sale,  the  Member  States  may  adopt  detailed  rules 
concerning the manner in which the particulars specified in Articles 9 and 10 are to 
be shown. 

Member  States  may  decide  not  to  require  the  provision  of  some  of  the  particulars 
referred to in paragraph 1, other than those referred to in Article 9(1) (c), provided 
that the consumer or mass caterer still receives sufficient information. 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  measures 
referred to in paragraphs 1 and 2 without delay. 

Article 42 
Notification procedure 

When reference is made to this Article, the Member State which deems it necessary 
to  adopt  new  food  information  legislation,  shall  notify  in  advance  the  Commission 
and  the  other  Member  States  of  the  measures  envisaged  and  give  the  reasons 
justifying them. 

The  Commission  shall  consult  the  Standing  Committee  on  the  Food  Chain  and 
Animal  Health  set  up  by  Article 58(1)  of  Regulation  (EC) No 178/2002  if  it 
considers such consultation to be useful or if a Member State so requests. 

EN 

42 

   EN 

 
3. 

4. 

5. 

The  Member  State  concerned  may  take  the  envisaged  measures  only  three  months 
after  the  notification  referred  to  in  paragraph  1,  provided  that  it  has  not  received  a 
negative opinion from the Commission. 

If the Commission’s opinion is negative, it shall initiate the procedure referred to in 
Article 49(2)  before  the  expiry  of  that  three-month  period  in  order  to  determine 
whether the envisaged measures may be implemented. The Commission may require 
certain  amendments  to  be  made  to  the  envisaged  measures.  The  Member  State 
concerned may take the envisaged measures only after the Commission has adopted 
its final decision. 

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 
laying  down  a  procedure  for  the  provision  of  information  in  the  field  of  technical 
standards  and  regulations30  shall  not  apply  to  the  measures  falling  within  the 
notification procedure specified in paragraphs 1 to 4. 

Article 43 
Detailed rules 

Detailed rules for the application of this Chapter may be adopted by the Commission. Those 
measures  designed  to  amend  non-essential  elements  of  this  Regulation  by  supplementing  it 
shall be adopted in accordance with the procedure referred to in Article 49(2). 

CHAPTER VII 

DEVELOPMENT OF NATIONAL SCHEMES 

Article 44 
National Schemes 

1. 

2. 

Member  States  may  adopt,  recommend  or  otherwise  endorse  national  schemes 
consisting  of  exclusively  non-binding  rules,  such  as  recommendations,  guidance, 
standards  or  any  other  non  binding  rules,  (hereinafter  referred  to  as  the  ‘national 
schemes’)  aimed  at  ensuring  the  application  of  the  following  provisions  and  in 
compliance with the essential requirements set out therein: 

(a)  Article  33(2),  relating  to  additional  forms  of  expression  of  the  nutritional 

declaration; 

(b)  Article 34(5), relating to the presentation of the nutrition declaration. 

The  implementation  by  national  schemes  of  other  provisions  of  food  information 
law, in addition to those listed in paragraph 1, and the relevant essential requirements 
may  be  established  by  the  Commission.  Those  measures  designed  to  amend  non-
essential  elements  of  this  Regulation  by  supplementing  it  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 

30 

OJ L 204, 21.7.1998, p. 37.  

EN 

43 

   EN 

 
                                                 
3. 

4. 

5. 

6. 

7. 

1. 

2. 

1. 

National schemes may be developed by Member States on their own initiative or at 
the  request  of  stakeholders  in  compliance  with  the  general  principles  and 
requirements laid down in Chapter II and III of this Regulation, and: 

(a) 

as a result of sound consumer research; and 

(b) 

following extensive consultation with a wide range of stakeholders drawing on 
best practices. 

National  schemes  shall  include  appropriate  mechanisms  to  allow  consumers  to 
identify foods that are labelled in compliance with national schemes, to monitor the 
level of compliance with the scheme and to assess its impact. 

Member  States  shall  provide  the  Commission  with  the  details  of  the  national 
schemes referred to in paragraph 1, including an identifier for foods that are labelled 
in compliance with that national scheme. The Commission shall make those details 
available to the public, in particular through a dedicated page on the Internet. 

The Commission shall encourage and organise the exchange of information between 
Member States and with itself on matters relating to the adoption and implementation 
of the national schemes. It shall encourage the participation of stakeholders to such 
exchange, in particular through the Advisory Group on the Food Chain Animal and 
Plant  Health  set  up  by  Commission  Decision 2004/613/EC  of  6 August 2004 
concerning the creation of an advisory group on the food chain and animal and plant 
health31. 

The  Commission,  after  consulting  with  Member  States,  may  adopt  Guidelines 
concerning the application of this Article. 

Article 45 
Presumption of conformity 

Any  food  information  provided  in  conformity  with  a  national  scheme  shall  be 
presumed to comply with the essential requirements referred to in Article 44(1) and 
(2). 

The  application  of  national  schemes  shall  not  give  rise  to  obstacles  to  the  free 
movement of products. 

Article 46 
Community measures 

If  the  Commission  considers  that  a  national  scheme  is  not  in  compliance  with  the 
provisions  of  this  Regulation,  it  may  adopt  a  decision,  after  having  informed  the 
Committee  referred  to  in  Article  49(1),  requesting  a  Member  State  to  repeal  or 
amend that national scheme. 

31 

OJ L 275, 25.8.2004, p. 17. 

EN 

44 

   EN 

 
                                                 
2. 

The  Commission  may  adopt  implementing  measures  relating  to  the  provisions 
referred to in Article 44(1) and (2). Those measures designed to amend non-essential 
elements of this Regulation by supplementing it shall be adopted in accordance with 
the regulatory procedure with scrutiny referred to in Article 49(3). 

Article 47 
Implementing rules 

Detailed rules for the application of this Chapter may be adopted by the Commission. Those 
measures  designed  to  amend  non-essential  elements  of  this  Regulation  by  supplementing  it 
shall be adopted in accordance with the procedure referred to in Article 49(2).  

CHAPTER VIII 

IMPLEMENTING, AMENDING AND FINAL PROVISIONS 

Article 48 
Technical adaptations 

Subject  to  the  provisions  relating  to  the  amendments  to  Annexes  II  and  III  referred  to  in 
Article 10(2)  and  Article 22(2),  the  Annexes  may  be  amended  by  the  Commission.  Those 
measures  designed  to  amend  non-essential  elements  of  this  Regulation  by  supplementing  it 
shall  be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 49(3). 

1. 

2. 

3. 

4. 

Article 49 
Committee 

The Commission shall be assisted by the Standing Committee on the Food Chain and 
Animal Health. 

reference 

Where 
and  7  of 
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article 8 
thereof. 

this  paragraph,  Articles 5 

is  made 

to 

The period laid  down  in  Article 5(6)  of  Decision 1999/468/EC shall be  set at  three 
months. 

Where  reference  is  made  to  this  paragraph,  Article 5a(1)  to  (4)  and  Article 7  of 
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article 8 
thereof. 

Where  reference  is  made  to  this  paragraph,  Article 5a(1),  (2),  (4)  and  (6),  and 
Article 7  of  Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of 
Article 8 thereof. 

EN 

45 

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Article 50 
Amendments to Regulation (EC) No 1924/2006  

In Article 7 of Regulation (EC) No 1924/2006, the first and second paragraphs are replaced 
by the following: 

the  modalities  for  providing 

“The  obligation  and 
to 
[Chapter IV, Section 3 of Regulation (EC) No. …of the European Parliament and of 
the  Council]*  where  a  nutrition  and/or  health  claim  is  made  shall  apply  mutatis 
mutandis, with the exception of generic advertising. 

information  pursuant 

In  addition,  and  as  the  case  may  be,  the  amount(s)  of  the  substance(s)  to  which  a 
nutrition  or  health  claim  relates  that  does  not  appear  in  the  nutrition  labelling  shall 
also be stated in the same field of vision as the nutrition declaration and be expressed 
in accordance with Articles 30 to 32 of [Regulation (EC) No …]. 

* OJ L …,dd/mm/yyyy, p. ...”. 

Article 51 
Amendments to Regulation (EC) No 1925/2006 

1. 

In Article 6 of Regulation (EC) 1925/2006 paragraph 6 is replaced by the following: 

“6.  The addition of a vitamin or a mineral to a food shall result in the presence of 
that vitamin or mineral in the food in at least a significant amount where this is 
defined  according  to  [point  2  of  Part  A  of  Annex XI  of  Regulation  (EC)  No 
…]*.  The  minimum  amounts,  including  any  lower  amounts,  by  derogation 
from the significant amounts mentioned above, for specific foods or categories 
of  foods  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in 
Article 14(2). 

* OJ L …,dd/mm/yyyy, p. ...”. 

2. 

In Article 7 of Regulation (EC) 1925/2006 paragraph 3 is replaced by the following: 

“3.  Nutrition  labelling  of  products  to  which  vitamins  and  minerals  have  been 
added  and  which  are  covered  by  this  Regulation  shall  be  compulsory.  The 
information  to  be  provided  shall  consist  of  that  specified  in  Article 29(1)  of 
[Regulation (EC) No …] and of the total amounts present of the vitamins and 
minerals when added to the food.”. 

Article 52 
Repeal 

1. 

EN 

Directives 2000/13/EC, 
2002/67/EC, 
2004/77/EC and Regulation (EC) No 608/2004 are repealed with effect from the date 
of the entry into force of this Regulation. 

1999/10/EC, 

87/250/EC, 

94/54/EC, 

46 

   EN 

 
2. 

3. 

Directive 90/496/EEC is repealed from [5 years after the entry into force]. 

References to the repealed acts shall be construed as references to this Regulation. 

Article 53 
Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 14(1) shall apply from [the first day of the month 3 years after the entry into force]. 

Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force] 
except in the case of foods labelled by food business operators with, on the date of entry into 
force,  less  than  10  employees  and  whose  annual  turnover  and/or  annual  balance  sheet  total 
does not exceed EUR 2 million where they shall apply [the first day of the month 5 years after 
the entry into force]. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

47 

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ANNEX I 

SPECIFIC DEFINITIONS 
As referred to in Article 2(4) 

1. 

‘nutrition declaration’ or ‘nutrition labelling’ means information consisting of: 

(a) 

energy value; or 

(b) 

energy value and one or more of the following nutrients: 

– 

– 

– 

– 

– 

– 

fat, 

carbohydrate, 

fibre, 

protein, 

salt, 

vitamins and minerals listed in Annex XI, Part A; point 1 and present in 
significant amounts as defined in Annex XI, Part A; point 2. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10 

11. 

12 

13. 

‘fat’ means total lipids, and includes phospholipids; 

‘saturates’ means fatty acids without double bond; 

‘trans fat’ means fatty acids with at least one non-conjugated (namely interrupted by 
at least one methylene group) carbon-carbon double bond in the trans configuration; 

‘mono-unsaturates’ means fatty acids with one cis double bond; 

‘polyunsaturates’ means fatty acids with cis, cis-methylene interrupted double bonds; 

‘carbohydrate’  means  any  carbohydrate  which  is  metabolized  in  man,  and  includes 
polyols; 

‘sugars’ means all monosaccharides and disaccharides present in food, but excludes 
polyols; 

‘polyols’ means alcohols containing more than two hydroxyl groups; 

‘protein’  means  the  protein  content  calculated  using  the  formula:  protein  =  total 
Kjeldahl nitrogen × 6,25; 

‘salt’ means the salt content calculated using the formula: salt = sodium × 2,5; 

‘average  value’  means  the  value  which  best  represents  the  amount  of  the  nutrient 
which a given food contains, and reflects allowances for seasonal variability, patterns 
of consumption and other factors which may cause the actual value to vary; 

‘principal field of vision’ means the field of vision that is most likely to be displayed 
or visible under normal or customary conditions of sale or use. 

EN 

48 

   EN 

 
ANNEX II 

INGREDIENTS CAUSING ALLERGIES OR INTOLERANCES 

1. 

Cereals  containing  gluten  (namely  wheat,  rye,  barley,  oats,  spelt,  kamut  or  their 
hybridised strains) and products thereof, except: 

(a)  wheat based glucose syrups including dextrose32; 

(b)  wheat based maltodextrins1; 

(c) 

glucose syrups based on barley; 

(d) 

cereals  used  for  making  distillates  or  ethyl  alcohol  of  agricultural  origin  for 
spirit drinks and other beverages containing more than 1,2 % by volume of alcohol. 

2. 

3. 

4. 

5. 

6. 

Crustaceans and products thereof. 

Eggs and products thereof. 

Fish and products thereof, except: 

(a) 

fish gelatine used as carrier for vitamin or carotenoid preparations; 

(b) 

fish gelatine or Isinglass used as fining agent in beer and wine. 

Peanuts and products thereof. 

Soybeans and products thereof, except: 

(a) 

fully refined soybean oil and fat 1; 

(b)  natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha 
tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources; 

(c) 

vegetable  oils  derived  phytosterols  and  phytosterol  esters  from  soybean 
sources; 

(d)  plant stanol ester produced from vegetable oil sterols from soybean sources. 

7. 

Milk and products thereof (including lactose), except: 

(a)  whey used for making distillates or ethyl alcohol of agricultural origin for spirit 
drinks and other beverages containing more than 1,2 % by volume of alcohol; 

(b) 

lactitol. 

32 

And the products thereof, in so far as the process that they have undergone is not likely to increase the 
level of allergenicity assessed by the Authority for the relevant product from which they originated. 

EN 

49 

   EN 

 
                                                 
8. 

9. 

10. 

11. 

12. 

13. 

14. 

Nuts,  namely  almonds  (Amygdalus  communis  L.),  hazelnuts  (Corylus  avellana), 
walnuts  (Juglans  regia),  cashews  (Anacardium  occidentale),  pecan  nuts  (Carya 
illinoinensis (Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts 
(Pistacia  vera),  macadamia  nuts  and  Queensland  nuts  (Macadamia  ternifolia),  and 
products thereof, except: 

(a) 

nuts used for making distillates or ethyl alcohol of agricultural origin for spirit 
drinks and other beverages containing more than 1,2 % by volume of alcohol. 

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. 

Lupin and products thereof. 

Molluscs and products thereof. 

EN 

50 

   EN 

 
ANNEX III 

FOODS FOR WHICH THE LABELLING MUST INCLUDE ONE OR MORE 
ADDITIONAL PARTICULARS 

TYPE OR CATEGORY OF FOOD 

PARTICULARS 

1.  FOODS PACKAGED IN CERTAIN GASES 

1.1  Foods  whose  durability  has  been 
extended  by  means  of  packaging  gases 
authorised 
Council 
pursuant 
Directive 89/107/EEC33 

to 

2.  FOODS CONTAINING SWEETENERS 

2.1  Foods  containing  a 

authorised  pursuant 

sweetener  or 
to 

sweeteners 
Directive 89/107/EEC 

2.2  Foods containing both an added sugar or 
sugars  and  a  sweetener  or  sweeteners 
to 
authorised 
Directive 89/107/EEC 

pursuant 

2.3  Foods  containing  aspartame  authorised 
pursuant to Directive 89/107/EEC 

2.4  Foods containing more than 10 % added 
polyols 
to 
authorised 
Directive 89/107/EEC 

pursuant 

‘Packaged in a protective atmosphere’ 

‘with  sweetener(s)’ 
accompany the name of the food. 

this  statement  shall 

sugar(s) 

‘with 
this 
statement  shall  accompany  the  name  of  the 
food. 

sweetener(s)’ 

and 

‘contains a source of phenylalanine’ 

‘excessive consumption may produce laxative 
effects’ 

3.  FOODS CONTAINING GLYCYRRHIZINIC ACID OR ITS AMMONIUM SALT 

3.1  Confectionery  or  beverages  containing 
glycyrrhizinic acid or its ammonium salt 
due to the addition of the substance(s) as 
such  or  the  liquorice  plant  Glycyrrhiza 
glabra, at concentration of 100 mg/kg or 
10 mg/l or above. 

3.2  Confectionary  containing  glycyrrhizinic 
acid  or  its  ammonium  salt  due  to  the 
addition  of  the  substance(s)  as  such  or 
the liquorice plant Glycyrrhiza glabra at 
concentrations of 4 g/kg or above. 

be 

the 

shall 

liquorice’ 

‘contains 
added 
immediately  after  the  list  of  ingredients, 
is  already 
term  “liquorice” 
unless 
included  in  the  list  of  ingredients  or  in  the 
name  of  the  food.  In  absence  of  a  list  of 
ingredients,  the  statement  shall  accompany 
the name of the food. 

should 

‘contains  liquorice  -  people  suffering  from 
hypertension 
excessive 
consumption’  shall  be  added  immediately 
after the list of ingredients. In absence of list 
of ingredients, the statement shall accompany 
the name of the food. 

avoid 

33 

OJ L 40, 11.2.1989, p. 27. 

EN 

51 

   EN 

 
                                                 
3.3  Beverages containing glycyrrhizinic acid 
or its ammonium salt due to the addition 
of  the  substance(s)  as  such  or  the 
liquorice  plant  Glycyrrhiza  glabra  at 
concentrations of 50 mg/l or above, or of 
300 mg/l  or  above 
the  case  of 
beverages  containing  more  than  1,2 % 
by volume of alcohol34. 

in 

should 

‘contains  liquorice  -  people  suffering  from 
excessive 
hypertension 
consumption’  shall  be  added  immediately 
after the list of ingredients. In absence of list 
of ingredients, the statement shall accompany 
the name of the food. 

avoid 

‘High  caffeine  content’  in  the  same  field  of 
vision as the name of the beverage, followed 
by a reference in brackets  and in accordance 
with  Article 14(5)  of  this  Regulation  to  the 
caffeine content expressed in mg/100 ml. 

4.  BEVERAGES WITH HIGH CAFFEINE CONTENT 
4.1  Beverages,  with  the  exception  of  those 
based  on  coffee,  tea  or  coffee  or  tea 
extract  where  the  name  of  the  food 
includes  the  term  “coffee”  or  “tea”, 
which:  
– 
consumption 
for 
are 
without  modification  and  contain 
caffeine, from whatever source, in a 
proportion in excess of 150 mg/l, or 
are  in  concentrated  or  dried  form 
and  after  reconstitution  contain 
caffeine, from whatever source, in a 
proportion in excess of 150 mg/l 

intended 

– 

34 

The level shall apply to the products as proposed ready for consumption or as reconstituted according to 
the instructions of the manufacturers. 

EN 

52 

   EN 

 
                                                 
5.  FOODS  WITH  ADDED  PHYTOSTEROLS,  PHYTOSTEROL  ESTERS,  PHYTOSTANOLS  OR 

PHYTOSTANOL ESTERS 

5.1  Foods  or  food  ingredients  with  added 
esters, 

phytosterols, 
phytostanols or phytostanol esters 

phytosterol 

(1) 

(2) 

‘with added plant sterols’ or ‘with added 
plant stanols’ in the same field of vision 
as the name of the food; 
the  amount  of  added  phytosterols, 
phytosterol  esters,  phytostanols  or 
phytostanol esters content (expressed in 
%  or  as  g  of  free  plant  sterols/plant 
stanols per 100 g or 100 ml of the food) 
shall be stated in the list of ingredients; 

(3)  a  statement  that  the  food  is  intended 
exclusively  for  people  who  want  to 
lower their blood cholesterol level; 
(4)  a  statement  that  patients  on  cholesterol 
lowering  medication 
only 
consume  the  product  under  medical 
supervision; 

should 

(5)  an easily visible statement that the food 
may not be nutritionally appropriate for 
pregnant  or  breastfeeding  women  and 
children under the age of five years; 
(6)  advice that the food is to be used as part 
of a balanced and varied diet, including 
fruit  and 
regular  consumption  of 
vegetables  to  help  maintain  carotenoid 
levels; 
in  the  same  field  of  vision  as  the 
statement required under point 3) above, 
a  statement  that  the  consumption  of 
more  than  3  g/day  of  added  plant 
sterols/plant stanols should be avoided; 

(7) 

(8)  a  definition  of  a  portion  of  the  food  or 
food ingredient concerned (preferably in 
g  or  ml)  with  the  amount  of  the  plant 
sterol/plant  stanol  that  each  portion 
contains. 

EN 

53 

   EN 

 
ANNEX IV 

FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT FOR THE 
MANDATORY NUTRITION DECLARATION 

unprocessed products that comprise a single ingredient or category of ingredients; 

processed  products  which  the  only  processing  they  have  been  subjected  to  is 
smoking or maturing and that comprise a single ingredient or category of ingredients; 

waters  intended  for  human  consumption,  including  those  where  the  only  added 
ingredients are carbon dioxide and/or flavourings; 

a herb, a spice or mixtures thereof; 

salt and salt substitutes; 

products  covered  by  Directive 1999/4/EC  of  the  European  Parliament  and  of  the 
Council of 22 February 1999 relating to coffee extracts and chicory extracts35, whole 
or milled coffee beans and whole or milled decaffeinated coffee beans; 

herbal  infusion,  tea,  decaffeinated  tea,  instant  or  soluble  tea  or  tea  extract, 
decaffeinated  instant  or  soluble  tea  or  tea  extract,  which  do  not  contain  added 
ingredients; 

fermented vinegars and substitutes for vinegar, including those where the only added 
ingredients are flavourings; 

flavourings; 

food additives; 

processing aids; 

food enzymes; 

gelatine; 

jam setting compounds; 

yeast; 

food in packaging or containers the largest surface of which has an area of less than 
25 cm2; 

food sold by private persons in the context of occasional activities, and not as part of 
an undertaking that would imply a certain continuity of activities and a certain degree 
of organisation; 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

35 

OJ L 66, 13.3.1999, p. 26. 

EN 

54 

   EN 

 
                                                 
– 

– 

food directly supplied by the manufacturer of small quantities of products to the final 
consumer or to local retail establishments directly supplying the final consumer; 

food  in  inner  package  not  designed  for  sale  without  the  outer  package  (nutrition 
information shall be provided on the outer package unless it belongs to the categories 
of foods that are exempted under this Annex). 

EN 

55 

   EN 

 
NAME OF THE FOOD AND SPECIFIC ACCOMPANYING PARTICULARS 

ANNEX V 

PART A – NAME OF THE FOOD 

1. 

2. 

3. 

The use in the Member State of marketing of the name of the food under which the 
product  is  legally  manufactured  and  marketed  in  the  Member  State  of  production 
shall be allowed. 

However,  where  the  application  of  the  other  provisions  of  this  Regulation,  in 
particular those set out in Article 9, would not enable consumers in the Member State 
of marketing to know the true nature of the food and to distinguish it from foods with 
which  they  could  confuse  it,  the  name  of  the  food  shall  be  accompanied  by  other 
descriptive information which shall appear in proximity to the name of the food. 

In exceptional cases, the name of the food of the Member State of production shall 
not be used in the Member State of marketing when the food which it designates is 
so different, as regards its composition or manufacture, from the food known under 
that name that the provisions of point 1 are not sufficient to ensure, in the Member 
State of marketing, correct information for purchaser. 

No  name  protected  as  intellectual  property,  brand  name  or  fancy  name  may  be 
substituted for the name of the food. 

PART B – MANDATORY PARTICULARS ACCOMPANYING THE NAME OF THE FOOD 

1. 

The  name  of  the  food  shall  include  or  be  accompanied  by  particulars  as  to  the 
physical condition of the food or the specific treatment which it has undergone (for 
example,  powdered,  freeze-dried,  deep-frozen,  quick-frozen,  concentrated,  smoked) 
in all cases where omission of such information could mislead the purchaser. 

2. 

Foods treated with ionising radiation shall bear one of the following indications: 

‘irradiated’ or ‘treated with ionising radiation’. 

EN 

56 

   EN 

 
PART C – SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF ‘MINCED MEAT’ 

1. 

Composition criteria checked on the basis of a daily average: 

Fat content 

Connective tissue: 
meat protein ratio 

— lean minced meat 

— minced pure beef 

≤ 7 % 

≤ 20 % 

— minced meat containing pigmeat 

≤ 30 % 

— minced meat of other species 

≤ 25 % 

≤ 12 

≤ 15 

≤ 18 

≤ 15 

2. 

3. 

By way of derogation from the requirements laid down in Chapter IV of Section V of 
Annex III to Regulation (EC) No 853/2004, the following words shall appear on the 
labelling: 

– 

– 

‘percentage of fat under…’, 

‘connective tissue: meat protein ratio under…’. 

The Member States may allow the placing on their national market of minced meat 
which  does  not  comply  with  the  criteria  laid  down  in  point  1  of  this  Part  under  a 
national mark that cannot be confused with the marks provided for in Article 5(1) of 
Regulation (EC) No 853/2004. 

EN 

57 

   EN 

 
 
 
ANNEX VI 

INDICATION AND DESIGNATION OF INGREDIENTS 

PART  A  –  SPECIFIC  PROVISIONS  CONCERNING  THE  INDICATION  OF  INGREDIENTS  BY 

DESCENDING ORDER OF WEIGHT 

Category of ingredient 

Provision concerning indication by weight 

1.  Added water and volatile products 

2. 

3. 

Ingredients  used 
in  concentrated  or 
dehydrated form and reconstituted at the 
time of manufacture 

Ingredients  used 
in  concentrated  or 
dehydrated foods, which are intended to 
be reconstituted by the addition of water 

4.  Fruit, vegetables or mushrooms, none of 
which  significantly  predominates 
in 
terms  of  weight  and  which  are  used  in 
proportions  that  are  likely  to  vary,  used 
in a mixture as ingredients of a food 

Shall be listed in order of their weight in the 
finished product. The amount of water added 
as an ingredient in a food shall be calculated 
by  deducting  from  the  total  amount  of  the 
finished product the total amount of the other 
ingredients  used.  This  amount  shall  not  be 
required  to  be  taken  into  consideration  if  it 
does  not  exceed  5 %  by  weight  of  the 
finished product. 

May be listed in order of weight as recorded 
before their concentration or dehydration. 

May  be  listed  in  order  of  proportion  in  the 
reconstituted product provided that the list of 
ingredients is accompanied by an expression, 
such  as  ‘ingredients  of  the  reconstituted 
product’,  or  ‘ingredients  of  the  ready-to-use 
product’. 

May  be  grouped  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,  vegetables  or 
mushrooms  present.  In  such  cases, 
the 
mixture  shall  be  included  in  the  list  of 
ingredients in accordance with Article 19 (1), 
on  the  basis  of  the  total  weight  of  the  fruit, 
vegetables or mushrooms present. 

5.  Mixtures of spices or herbs, where none 
significantly  predominates  in  proportion 
by weight  

May  be  listed  in  another  order  provided  that 
that  list  of  ingredients  is  accompanied  by  an 
expression such as ‘in variable proportion’. 

6. 

Ingredients constituting less than 2 % of 
the finished product 

May  be  listed  in  a  different  order  after  the 
other ingredients. 

EN 

58 

   EN 

 
Category of ingredient 

Provision concerning indication by weight 

7. 

are 

Ingredients  which 
similar  or 
mutually substitutable, likely to be used 
in  the  manufacture  or  preparation  of  a 
food without altering its composition, its 
nature  or  its  perceived  value,  and  in  so 
far as they constitute less than 2 % of the 
finished product 

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  food 
additives or to ingredients listed in Part C of 
this Annex. 

PART B – DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF A CATEGORY RATHER 

THAN A SPECIFIC NAME 

Ingredients which belong to one of the categories of foods listed below and are constituents of 
another food shall only be required to be named by the designation of that category.  

Definition of category of food 

Designation 

1. 

Refined oils other than olive oil 

‘Oil’, together with 

– 

– 

the 

either 
adjective 
‘vegetable’  or  ‘animal’,  as 
appropriate, or 

indication 

an 
their 
specific vegetable or animal 
origin 

of 

adjective 

The 
‘hydrogenated’ 
must accompany the indication of 
a  hydrogenated  oil  unless 
the 
amount  of  saturates  and  trans  fats 
are 
the  nutrition 
in 
declaration 

included 

EN 

59 

   EN 

 
Definition of category of food 

Designation 

2. 

Refined fats 

‘Fat’, together with 

– 

– 

the 

adjective 
either 
‘vegetable’  or  ‘animal’,  as 
appropriate, or 

indication 

their 
an 
specific vegetable or  animal 
origin 

of 

adjective 

‘hydrogenated’ 
The 
must accompany the indication of 
a  hydrogenated  fat  unless 
the 
amount  of  saturates  and  trans  fats 
are 
the  nutrition 
in 
declaration 

included 

3.  Mixtures  of  flour  obtained  from  two  or  more 

cereal species 

‘Flour’,  followed  by  a  list  of  the 
cereals  from  which  it  has  been 
obtained,  in  descending  order  by 
weight 

4. 

5. 

6. 

7. 

8. 

9. 

Starches,  and  starches  modified  by  physical 
means or by enzymes 

‘Starch’ 

All  species  of  fish  where  the  fish  constitutes  an 
ingredient  of  another  food  and  provided  that  the 
name and presentation of such food does not refer 
to a specific species of fish 

‘Fish’ 

All  types  of  cheese  where  the  cheese  or  mixture 
of  cheeses  constitutes  an  ingredient  of  another 
food and provided that the name and presentation 
of  such  food  does  not  refer  to  a  specific  type  of 
cheese 

‘Cheese’ 

All  spices  not  exceeding  2 %  by  weight  of  the 
food 

‘Spice(s)’ or ‘mixed spices’ 

All herbs or parts of herbs not exceeding 2 % by 
weight of the food 

‘Herb(s)’ or ‘mixed herbs’ 

All  types  of  gum  preparations  used  in  the 
manufacture of gum base for chewing gum 

‘Gum base’ 

10.  All types of crumbed baked cereal products 

‘Crumbs’ or ‘rusks’ as appropriate 

EN 

60 

   EN 

 
Definition of category of food 

Designation 

11.  All types of sucrose 

‘Sugar’ 

12.  Anhydrous dextrose or dextrose monohydrate 

‘Dextrose’ 

13.  Glucose syrup and anhydrous glucose syrup 

‘Glucose syrup’ 

14.  All types of milk protein (caseins, caseinates and 

‘Milk proteins’ 

whey proteins) and mixtures thereof 

15.  Press, expeller or refined cocoa butter 

‘Cocoa butter’ 

16.  All 

types  of  wine  as  defined 

in  Council 

‘Wine’ 

Regulation (EC) No 1493/1999 

‘… meat’ and the name(s)37 of the 
animal  species  from  which 
it 
comes 

17.  Skeletal muscles36 of mammalian and bird species 
recognised  as  fit  for  human  consumption  with 
naturally  included  or  adherent  tissue,  where  the 
total  fat  and  connective  tissue  content  does  not 
exceed the values indicated below and where the 
meat  constitutes  an  ingredient  of  another  food. 
The  products  covered  by 
the  definition  of 
‘mechanically separated meat’ are excluded from 
this definition. 

Maximum  fat  and  connective  tissue  contents  for 
ingredients designated by the term ‘… meat’ 

Species 

Fat (%) 

Connective 
tissue38 (%)

(other 

Mammals 
than 
rabbits  and  porcines)  and 
mixtures  of  species  with 
mammals predominating 

25 

25 

Porcines 

Birds and rabbits 

30 

15 

25 

10 

36 

37 

38 

The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the muscles 
of the head (other than the masseters), the muscles of the carpus, the tarsus and the tail are excluded. 
For labelling in English, this designation may be replaced by the generic name of the ingredient for the 
animal species concerned. 
The connective tissue content is calculated on the basis of the ratio between collagen content and meat 
protein content. The collagen content means the hydroxyproline content multiplied by a factor of 8. 

EN 

61 

   EN 

 
 
 
 
 
 
                                                 
Definition of category of food 

Designation 

If  these  maximum  limits  are  exceeded,  but  all 
other  criteria  for  the  definition  of  ‘meat’  are 
satisfied,  the  ‘…  meat’  content  must  be  adjusted 
downwards accordingly and the list of ingredients 
must  mention,  in  addition  to  the  term  ‘…  meat’, 
the presence of fat and/or connective tissue. 

18.  All types of products covered by the definition of 

‘mechanically separated meat’. 

‘mechanically separated meat’ and 
the  name(s)  (3)  of  the  animal 
species from which it comes 

PART  C  –  DESIGNATION  OF  CERTAIN  INGREDIENTS  BY  THE  NAME  OF  THEIR  CATEGORY 

FOLLOWED BY THEIR SPECIFIC NAME OR EC NUMBER 

Food  additives  and  enzymes  other  than  those  specified  in  Article 21(b)  belonging  to  one  of 
the categories listed in this Part must be designated by the name of that category, followed by 
their specific name or, if appropriate, EC number. If an ingredient belongs to more than one 
of the categories, the category appropriate to the principal function in the case of the food in 
question  shall  be  indicated.  However,  the  designation  ‘modified  starch’  must  always  be 
accompanied  by  the  indication  of  its  specific  vegetable  origin,  when  that  ingredient  may 
contain gluten. 

Acid 

Acidity regulator 

Anti-caking agent 

Anti-foaming agent 

Antioxidant 

Bulking agent 

Colour 

Emulsifier 
Emulsifying salts39 

Firming agent 

Flavour enhancer 

Flour treatment agent 

Gelling agent 

Glazing agent 

Humectant 
Modified starch40 

39 

Only for processed cheeses and products based on processed cheeses. 

EN 

62 

   EN 

 
 
 
                                                 
Preservative 

Propellent gas 

Raising agent 

Stabiliser 

Sweetener 

Thickener 

PART D – DESIGNATION OF FLAVOURINGS IN THE LIST OF INGREDIENTS 

1. 

2. 

3. 

4. 

Flavourings  shall  be  designated  either  by  the  word  ‘flavouring(s)’  or  by  a  more 
specific name or description of the flavouring. 

Quinine  and/or  caffeine  used  as  a  flavouring  in  the  production  or  preparation  of  a 
food shall be mentioned by name in the list of ingredients immediately after the term 
‘flavouring(s)’. 

The word ‘natural’ or any other word having substantially the same meaning may be 
used  only  for  flavourings  in  which  the  flavouring  component  contains  exclusively 
flavouring substances as defined in Article 1(2)(b)(i) of Directive 88/388/EEC and/or 
flavouring preparations as defined in Article 1(2)(c) of that Directive. 

If the name of the flavouring contains a reference to the vegetable or animal nature or 
origin  of  the  incorporated  substances,  the  word  ‘natural’  or  any  other  word  having 
substantially the same meaning may not be used unless the flavouring component has 
been  isolated  by  appropriate  physical  processes,  enzymatic  or  microbiological 
processes or traditional food-preparation processes solely or almost solely  from the 
food or the flavouring source concerned. 

PART E – DESIGNATION OF COMPOUND INGREDIENTS 

1. 

A  compound  ingredient  may  be  included  in  the  list  of  ingredients,  under  its  own 
designation in so far as this is laid down by law or established by custom, in terms of 
its overall weight, and immediately followed by a list of its ingredients. 

2. 

The list of ingredients for compound ingredients 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 the finished product; however, this provision shall not apply to 
food additives, subject to the provisions of Article 21 (a) to (d); or 

(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  food 
additives, subject to the provisions of Article 21 (a) to (d); or 

(c)  where the compound ingredient is a food for which a list of ingredients is not 

required under Community legislation. 

40 

The specific name or EC number shall not be required to be indicated. 

EN 

63 

   EN 

 
                                                                                                                                                         
ANNEX VII 

QUANTITATIVE INDICATION OF INGREDIENTS 

1. 

The quantitative indication shall not be required: 

(a) 

in respect of an ingredient or category of ingredients: 

(i) 

the drained net weight of which is indicated in accordance with point 5 of 
Annex VIII; or 

(ii) 

the  quantities  of  which  are  already  mandatory  on  the  labelling  under 
Community provisions; or 

(iii)  which is used in small quantities for the purposes of flavouring; or 

(iv)  which, while appearing in the name of the food, is not such as to govern 
the  choice  of  the  consumer  in  the  country  of  marketing  because  the 
variation in quantity is not essential to characterise the food or does not 
distinguish it from similar foods; or 

(b)  where  specific  Community  provisions  stipulate  precisely  the  quantity  of  an 
ingredient or of a category of ingredients without providing for the indication 
thereof on the labelling; or 

(c) 

in the cases referred to in points 4 and 5 of Part A of Annex VI. 

2. 

Article 23(1) (a) and (b) shall not apply in the case of: 

(a) 

any  ingredient  or  category  of  ingredients  covered  by  the  indication  ‘with 
sweetener(s)’  or 
indication 
‘with  sugar(s)  and  sweetener(s)’ 
accompanies the name of the food, pursuant Annex III; or 

that 

if 

(b) 

any  added  vitamin  and  mineral  if  that  substance  is  subject  to  a  nutrition 
declaration . 

3. 

The indication of quantity of an ingredient or category of ingredients shall: 

(a) 

(b) 

be  expressed  as  a  percentage,  which  shall  correspond  to  the  quantity  of  the 
ingredient or ingredients at the time of its/their use; and 

appear  either  in  or  immediately  next  to  the  name  of  the  food  or  in  the  list  of 
ingredients  in  connection  with  the  ingredient  or  category  of  ingredients  in 
question. 

EN 

64 

   EN 

 
4. 

By way of derogation from point 3, 

(a)  where foods have lost moisture following heat treatment or other treatment, the 
quantity  shall  be  expressed  as  a  percentage  which  shall  correspond  to  the 
quantity  of  the  ingredient(s)  used,  related  to  the  finished  product,  unless  that 
quantity  or  the  total  quantity  of  all  the  ingredients  indicated  on  the  labelling 
exceeds 100 %, in which case the quantity shall be indicated on the basis of the 
weight of the ingredient(s) used to prepare 100 g of finished product; 

(b) 

(c) 

(d) 

the  quantity  of  volatile  ingredients  shall  be  indicated  on  the  basis  of  their 
proportion by weight in the finished product; 

the  quantity  of  ingredients  used  in  concentrated  or  dehydrated  form  and 
reconstituted  during  manufacture  may  be  indicated  on  the  basis  of  their 
proportion by weight as recorded before their concentration or dehydration; 

in  the  case  of  concentrated  or  dehydrated  foods  which  are  intended  to  be 
reconstituted  by  the  addition  of  water,  the  quantity  of  the  ingredients  may  be 
indicated  on  the  basis  of  their  proportion  by  weight  in  the  reconstituted 
product. 

EN 

65 

   EN 

 
ANNEX VIII 

NET QUANTITY DECLARATION 

1. 

The net quantity shall not be mandatory in the case of foods: 

2. 

3. 

4. 

5. 

(a)  which are subject to considerable losses in their volume or mass and which are 

sold by number or weighed in the presence of the purchaser; or 

(b) 

the net quantity of which is less than 5 g or 5 ml; however, this provision shall 
not apply to spices and herbs. 

Where  the  indication  of  a  certain  type  of  quantity  (such  as  the  nominal  quantity, 
minimum quantity, average quantity) is required by Community provisions or, where 
there  are  none,  by  national  provisions,  this  quantity  shall  be  regarded  as  the  net 
quantity for the purposes of this Regulation. 

Where  a  prepacked  item  consists  of  two  or  more  individual  prepacked  items 
containing the same quantity of the same product, the net quantity shall be indicated 
by  mentioning  the  net  quantity  contained  in  each  individual  package  and  the  total 
number of such packages. The indication of those particulars shall not, however, be 
mandatory  where  the  total  number  of  individual  packages  can  be  clearly  seen  and 
easily counted from the outside and where at least one indication of the net quantity 
contained in each individual package can be clearly seen from the outside. 

Where a prepacked item consists of two or more individual packages which are not 
regarded  as  units  of  sale,  the  net  quantity  shall  be  given  by  indicating  the  total  net 
quantity and the total number of individual packages. 

Where  a  solid  food  is  presented  in  a  liquid  medium,  the  drained  net  weight  of  the 
food shall also be indicated. 

For  the  purposes  of  this  point,  ‘liquid  medium’  shall  mean  the  following  products, 
possibly in mixtures and also where frozen or quick-frozen, provided that the liquid 
is  merely  an  adjunct  to  the  essential  elements  of  that  preparation  and  is  thus  not  a 
decisive  factor  for  the  purchase:  water,  aqueous  solutions  of  salts,  brine,  aqueous 
solutions  of  food  acids,  vinegar,  aqueous  solutions  of  sugars,  aqueous  solutions  of 
other  sweetening  substances,  fruit  or  vegetable  juices  in  the  case  of  fruit  or 
vegetables. 

EN 

66 

   EN 

 
ANNEX IX 

DATE OF MINIMUM DURABILITY  

1. 

The date of minimum durability shall be indicated as follows: 

(a)  The date shall be preceded by the words: 

– 

– 

‘Best before …’ when the date includes an indication of the day, 

‘Best before end …’ in other cases. 

(b)  The words referred to in point (a) shall be accompanied by: 

– 

– 

either the date itself, or 

a reference to where the date is given on the labelling. 

If  need  be,  these  particulars  shall  be  followed  by  a  description  of  the  storage 
conditions which  must be  observed if the product is to  keep for the  specified 
period. 

(c)  The  date  shall  consist  of  the  day,  month  and  year  in  uncoded  chronological 

form. 

However, in the case of foods: 

– 

– 

– 

which will not keep for more than three months, an indication of the day 
and the month shall be sufficient, 

which  will  keep  for  more  than  three  months  but  not  more  than  18 
months, an indication of the month and year shall be sufficient, 

which will keep for more than 18 months, an indication of the year shall 
be sufficient. 

(d)  Subject  to  Community  provisions  imposing  other  types  of  date  indication,  an 

indication of the date of minimum durability shall not be required for: 

– 

– 

fresh  fruit  and  vegetables,  including  potatoes,  which  have  not  been 
peeled,  cut  or  similarly  treated;  this  derogation  shall  not  apply  to 
sprouting seeds and similar products such as legume sprouts, 

wines,  liqueur  wines,  sparkling  wines,  aromatised  wines  and  similar 
products  obtained  from  fruits  other  than  grapes,  and  beverages  falling 
within CN codes 22060091, 22060093 and 22060099 and manufactured 
from grapes or grape musts, 

– 

beverages containing 10 % or more by volume of alcohol, 

EN 

67 

   EN 

 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

soft drinks, fruit juices, fruit nectars and alcoholic beverages containing 
more than 1,2 % by volume of alcohol in individual containers of more 
than five litres, intended for supply to mass caterers, 

bakers’ or pastry cooks’ wares which, given the nature of their content, 
are normally consumed within 24 hours of their manufacture, 

vinegar, 

cooking salt, 

solid sugar, 

confectionery  products  consisting  almost  solely  of  flavoured  and/or 
coloured sugars, 

chewing gums and similar chewing products, 

individual portions of ice-cream. 

2. 

The ‘use by’ date shall be indicated as follows: 

(a) 

It shall be preceded by the words ‘use by …’; 

(b)  The words in point (a) shall be accompanied by: 

– 

– 

either the date itself, or 

a reference to where the date is given on the labelling. 

Those particulars shall be followed by a  description of the storage conditions 
which must be observed. 

(c)  The  date  shall  consist  of  the  day,  the  month  and,  possibly,  the  year,  in  that 

order and in uncoded form. 

EN 

68 

   EN 

 
 
ANNEX X 

ALCOHOLIC STRENGTH 

The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume 
of  alcohol  shall  be  indicated  by  a  figure  to  not  more  than  one  decimal  place.  It  shall  be 
followed  by  the  symbol  ‘% vol.’  and  may  be  preceded  by  the  word  ‘alcohol’  or  the 
abbreviation ‘alc’. 

The alcoholic strength shall be determined at 20°C. 

Positive and negative allowed tolerances in respect of the indication of the alcoholic strength 
by  volume  and  expressed  in  absolute  values  shall  be  as  listed  in  the  following  table.  They 
shall apply without prejudice to the tolerances deriving from the method of analysis used for 
determining the alcoholic strength. 

Description of beverage 

Positive or negative tolerance 

1.  Beers  having  an  alcoholic  strength  not 
exceeding  5,5 % vol.;  beverages  classified 
under  subheading  22.07  B  II  of 
the 
Common  Customs  Tariff  and  made  from 
grapes 

0,5 % vol. 

1 % vol. 

2.  Beers  having 

an 

alcoholic 

strength 
exceeding  5,5  %  vol.;  beverages  classified 
under subheading 22.07 B I of the Common 
Customs  Tariff  and  made  from  grapes; 
ciders,  perries,  fruit  wines  and  the  like, 
obtained  from  fruits  other  than  grapes, 
whether or not semi-sparkling or sparkling; 
beverages based on fermented honey 

3.  Beverages  containing  macerated  fruit  or 

1,5 % vol. 

parts of plants 

4.  Any  other  beverages  containing  more  than 

0,3 % vol. 

1,2 % by volume of alcohol 

EN 

69 

   EN 

 
ANNEX XI 

REFERENCE INTAKES 

PART A – REFERENCE INTAKES FOR VITAMINS AND MINERALS (ADULTS) 

1. 

Vitamins  and  minerals  which  may  be  declared  and  their  recommended  daily 
allowances (RDAs) 

Vitamin A (µg) 

800 

Vitamin B12 (µg) 

Vitamin D (µg) 

Vitamin E (mg) 

Vitamin C (mg) 

Thiamin (mg) 

Riboflavin (mg) 

Niacin (mg) 

Vitamin B6 (mg) 

5 

10 

60 

1,4 

1,6 

18 

2 

Biotin (mg) 

Pantothenic acid (mg) 

6 

Calcium (mg) 

Phosphorus (mg) 

Iron (mg) 

Magnesium (mg) 

Zinc (mg) 

1 

0,15 

800 

800 

14 

300 

15 

150 

Folacin (µg) 

200 

Iodine (µg) 

2. 

Significant amount of vitamins and minerals 

As  a  rule,  15 %  of  the  recommended  allowance  specified  in  point  1  supplied  by 
100 g or 100 ml or per package if the package contains only a single portion should 
be taken into consideration in deciding what constitutes a significant amount. 

PART  B  –  REFERENCE  INTAKES  FOR  ENERGY  AND  SELECTED  NUTRIENTS  OTHER  THAN 

VITAMINS AND MINERALS (ADULTS) 

Energy or nutrient 

Reference Intake 

Energy 

Total fat 

Saturates 

Carbohydrate 

Sugars 

Salt 

8400 kJ (2000 kcal) 

70 g 

20 g 

230 g 

90 g 

6 g 

EN 

70 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX XII 

CONVERSION FACTORS 

CONVERSION FACTORS FOR THE CALCULATION OF ENERGY 

The energy value to be declared shall be calculated using the following conversion factors: 

— 

carbohydrate (except 
polyols) 

4 kcal/g —17 kJ/g 

—  polyols 

—  protein 

— 

fat 

2,4 kcal/g —10 kJ/g 

4 kcal/g —17 kJ/g 

9 kcal/g —37 kJ/g 

— 

salatrims 

6 kcal/g — 25 kJ/g 

— 

alcohol (ethanol) 

7 kcal/g —29 kJ/g 

—  organic acid 

3 kcal/g — 13 kJ/g 

EN 

71 

   EN 

 
EXPRESSION AND PRESENTATION OF NUTRITION DECLARATION 

ANNEX XIII 

PART A – EXPRESSION OF THE NUTRITION DECLARATION 

The units to be used in the nutrition declaration shall be the following: 

—  energy  

— 

fat  

—  carbohydrate 

— 

fibre 

—  protein 

— 

salt 

—  vitamins and minerals 

—  other substances 

kJ and kcal 

grams (g) 

the units specified in 
point 1 of Part A of 
Annex XI 

units as appropriate 
for the individual 
substances 
concerned  

PART  B  –  ORDER  OF  PRESENTATION  OF  NUTRITION  DECLARATION  ON  COMPONENTS  OF 

CARBOHYDRATE AND FAT 

1. 

Where  polyols  and/or  starch  are  declared,  this  declaration  shall  be  included  in  the 
following order: 

carbohydrate 

g 

of which: 

— sugars 

— polyols 

— starch 

g 

g 

g 

EN 

72 

   EN 

 
2. 

Where  the  amount  and/or  type  of  fatty  acid  is  declared,  this  declaration  shall  be 
included in the following order: 

fat 

of which: 

— saturates 

— trans fats 

— mono-unsaturates 

— polyunsaturates 

g 

g 

g 

g 

g 

PART  C  –  ORDER  OF  PRESENTATION  OF  ENERGY  AND  NUTRIENTS  APPEARING  IN  A 

NUTRITION DECLARATION 

The order of presentation of the information on the energy and nutrients, as appropriate, shall 
be the following: 

energy 

fat 

of which 

— saturates 

— trans fats 

— mono-unsaturates 

— polyunsaturates 

carbohydrate 

of which 

— sugars 

— polyols 

— starch 

fibre 

protein 

salt 

kJ and kcal 

g 

g 

g 

g 

g 

g 

g 

g 

g 

g 

g 

g 

vitamins and minerals 

the units specified in point 1 
of Part A of Annex XI 

EN 

73 

   EN 

 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the 
provision of food information to consumers  

2. 

ABM / ABB FRAMEWORK 

Policy  Area(s)  concerned  and  associated  Activity/Activities:  Health  and  Consumer 
Protection - Food Safety, Animal health, Animal Welfare and Plant Health 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

No financial implications. 

3.2. 

Duration of the action and of the financial impact: 

Open ended 

3.3. 

Budgetary characteristics: 

Budget line 

Type of 
expenditure 

New 

EFTA 
contribution

Contributions 
from 
applicant 
countries 

Heading in 
financial 
perspective

EN 

74 

   EN 

 
 
 
 
 
 
 
 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Sectio
n no. 

Yea
r n 

n + 1 n + 2 n + 3 n + 4 

n + 5 
and 
later 

Total 

EUR million (to 3 decimal places) 

Operational expenditure41 

Commitment 
Appropriations (CA) 

8.1. 

a 

Payment 
Appropriations (PA) 
Administrative expenditure within reference amount42 

b 

Technical & 
administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment 
Appropriations 

a+c

b+c

Administrative expenditure not included in reference amount43 

Human  resources  and 
associated  expenditure 
(NDA) 

than 

costs, 
Administrative 
human 
other 
resources 
and 
associated  costs,  not 
included 
in  reference 
amount (NDA) 

8.2.5. 

d 

8.2.6. 

e 

41 
42 
43 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

75 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention 

TOTAL  CA  including 
cost 
Human 
of 
Resources 

TOTAL  PA  including 
cost 
Human 
of 
Resources 

Co-financing details 

a+c
+d
+e 

b+c
+d
+e 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Yea
r n 

n + 1 n + 2 n + 3 n + 4 

n + 5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL  CA  including 
co-financing 

f 

a+c
+d
+e
+f 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement44 (i.e. flexibility instrument or revision of the financial perspective). 

44 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

76 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]
45 

Prior 
to 
actio
n  
[Year 
n-1] 

(a)  Revenue 

in 

absolute terms 

(b)  Change in 
revenue 

 Δ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year n  n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total 
number 
human resources 

of 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are required in the Explanatory Memorandum. 
This  section  of  the  Legislative  Financial  Statement  should  include  the  following 
specific complementary information: 

5.1. 

Need to be met in the short or long term 

The proposed Regulation on the provision of food information to consumers recasts 
and updates the present rules n food labelling that are applicable to foods in general. 
It  establishes  a  flexible  bottom-up  mechanism  that  would  enable  stakeholders  to 
innovate  on  food  labelling,  and  the  labelling  rules  to  adapt  to  different  and 
continuously changing markets and consumer demands. 

45 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

77 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
The rules on nutrition labelling are recast with the general food labelling provisions. 
The proposal makes nutrition labelling mandatory in the principal field of vision of 
the food label and allows for the development of best practice in the presentation of 
nutrition information. 

There is a transition period of 3 years for the application of the new rules. 

5.2. 

5.3. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The main objectives of the legislation are to: 

– 

– 

– 

– 

enable consumers to make informed, safe, healthy and sustainable choices; 

provide consumers with relevant, useful and legitimately expected information; 

ensure the smooth functioning of the internal market; 

foster a pro-competitive market environment. 

Taking  these  objectives  into  account,  the  broad  scope  of  the  revision  reflects  the 
following specific objectives: 

– 

– 

– 

– 

ensure consistency and clarity in the provision of information; 

protect  consumers’  health  and  address  specific  consumer  demands  for 
information; 

avoid misleading labelling; 

enable industry innovation allowing them to make use of labelling to promote 
their products. 

The  following  indicators  will  be  monitored:  the  notification  by  Member  States  of 
national schemes related to the provision of food information to consumers. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)46 chosen for the implementation of the action. 

X 

Centralised Management 

X 

directly by the Commission 

46 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point. 

EN 

78 

   EN 

 
                                                 
(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  general  monitoring  of  the  legislation  on  labelling  is  included  in  the 
Regulation (EC) No 882/2004 on official controls of food and feed. This Regulation 
foresees that the Member States implement efficiently the requirements of the food 
legislation.  The  Commission  (Food  and  Veterinary  Office)  controls  the  correct 
enforcement of the Member States. 

The monitoring would be done by the Commission and Member States for example 
through  reports  from  Member  States,  NGOs  and  self  monitoring  activities  of  the 
industry. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

6.2.3.  Terms and frequency of future evaluation 

The Commission should carry out an evaluation of the new legislation as from 5 to 7 
years  after  the  full  application  of  the  legislation  in  order  to  assess  its  relevance  to 
stakeholders'  needs.  In  particular,  such  evaluation  should  focus  on  the  uptake  and 
efficiency of the national schemes in view of assessing the need for Community rules 
on aspects for which national non-binding schemes have been adopted. 

7. 

ANTI-FRAUD MEASURES 

EN 

79 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type 
of 
output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 
and later 

TOTAL 

No. 
out-
puts 

To-
tal 
cost 

No. 
out-
puts 

To-
tal 
cost 

No. 
out-
puts 

To-
tal 
cost 

No. 
out-
puts 

To-
tal 
cost 

No. 
out-
puts 

To-
tal 
cost 

No. 
out-
puts 

To-
tal 
cost 

No. 
out-
puts 

To-
tal 
cost 

(Headings 
of 
Objectives, 
actions  and 
outputs 
should 
provided) 

be 

OPERA-
TIONAL 
OBJEC-
TIVE 
No.147 

TOTAL 
COST 

47 

As described under Section 5.3. 

EN 

80 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing 
and/or additional resources (number of posts/FTEs) 

Year n

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

Officials or 
temporary 
staff48 (XX 
01 01) 

A*/AD 

3,5 

3,5 

3,5 

3,5 

3,5 

3,5 

B*, 
C*/AST 

1/0.2 

1/0.2 

1/0.2 

1/0.2 

1/0.2 

1/0.2 

Staff financed49 by art. 
XX 01 02 

Other  staff50  financed 
by art. XX 01 04/05 

TOTAL 

4,7 

4,7 

4,7 

4,7 

4,7 

4,7 

8.2.2.  Description of tasks deriving from the action 

Implementing  the  Regulation,  e.g.  adoption  of  guidelines  and  implementing 
measures, management of the notification of national measures in consultation with 
the  Standing  Committee  on  the  Food  Chain  and  Animal  Health.  The  Commission 
shall also facilitate the exchange of information between Member States and itself on 
national schemes and make available to the public the details of the national schems 
and monitor their development and application. 

48 
49 
50 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

81 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.3. 

Sources of human resources (statutory) 

When more than one source is stated, please indicate the number of posts originating 
from each of the sources 

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 
and 
later 

TOTA
L 

Budget line 
(number and heading) 

1. 

Technical  and  administrative 
assistance  (including  related 
staff costs) 

Executive agencies51 

  Other 

technical 

and 

administrative assistance 

- 

- 

intra muros  

extra muros 

Total  Technical  and  administrative 
assistance 

51 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

82 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources  Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 and 
later 

EUR million (to 3 decimal places) 

Officials  and  temporary 
staff (XX 01 01) 

Staff financed by Art XX 
01  02  (auxiliary,  END, 
contract staff, etc.) 

(specify budget line) 

Total  cost  of  Human 
Resources and associated 
costs  (NOT  in  reference 
amount) 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

EN 

83 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL

XX 01 02 11 01 – Missions 

XX  01  02  11  02  –  Meetings  & 
Conferences 

XX 01 02 11 03 – Committees52  

XX  01  02  11  04  –  Studies  & 
consultations 

XX  01  02  11  05  -  Information 
systems 

2.  Total  Other  Management 
Expenditure (XX 01 02 11) 

3.  Other 

expenditure  of 

an 
administrative  nature  (specify 
including  reference  to  budget 
line) 

Total  Administrative  expenditure, 
other  than  human  resources  and 
associated costs (NOT included in 
reference amount) 

Calculation - Other administrative expenditure not included in reference amount 

52 

Specify the type of committee and the group to which it belongs. 

EN 

84 

   EN