Commission Directive 2008/5/EC of 30 January 2008 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 2000/13/EC of the European Parliament and of the Council (Codified version) (Text with EEA relevance )
Date: 2008-01-30
Institutions: European Commission
Subjects: approximation of laws, consumer information, foodstuff, labelling, packaging product

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Official Journal of the European Union

31.1.2008

DIRECTIVES

COMMISSION DIRECTIVE 2008/5/EC

of 30 January 2008

concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than
those provided for in Directive 2000/13/EC of the European Parliament and of the Council

(Text with EEA relevance)

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2000/13/EC of
Parliament and of
the Council of 20 March 2000 on the
approximation of the laws of the Member States relating to
the labelling, presentation and advertising of foodstuffs (1), and
in particular Article 4(2) thereof,

(4)

Packaging gases used in packaging certain foodstuffs
should not be regarded as ingredients for the purposes
of Article 6(1) of Directive 2000/13/EC and therefore
should not be included in the list of ingredients on the
label.

However, consumers should be informed of the use of
such gases inasmuch as this information enables them to
understand why the foodstuff they have purchased has a
longer
than similar products packaged
differently.

shelf

life

regard to Directive 94/35/EC of

Having
the European
Parliament and of the Council of 30 June 1994 on sweeteners
for use in foodstuffs (2), and in particular Article 6 thereof,

Whereas:

(1)

(2)

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 (3) has
In the
been substantially amended several
interests of clarity and rationality the said Directive
should be codified.

times (4).

In order to ensure that consumers receive adequate infor-
mation, it is necessary to provide for compulsory indi-
for certain foodstuffs, of other particulars in
cation,
addition to those provided for in Article 3 of Directive
2000/13/EC.

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

last amended by
Commission Directive 2007/68/EC (OJ L 310, 28.11.2007, p. 11).
(2) OJ L 237, 10.9.1994, p. 3. Directive as last amended by Directive

2006/52/EC (OJ L 204, 26.7.2006, p. 10).

(3) 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).

(4) See Annex II, Part A.

(5) With a view to providing adequate consumer infor-
foodstuffs which contain

labelling of
mation,
sweeteners should bear details to that effect.

the

(6)

(7)

(8)

(9)

Moreover, warnings should also be given on the labelling
of foodstuffs containing certain categories of sweetener.

Furthermore,
it is necessary to provide labelling which
gives the consumers clear information on the presence of
glycyrrhizinic acid or its ammonium salt in confectionery
and beverages. In the case of high contents of glycyr-
rhizinic acid or its ammonium salt in those products, the
consumers, and in particular those suffering from hyper-
tension, should in addition be informed that excessive
intake should be avoided. To ensure a good under-
the
standing of such information by the consumers,
well known term ‘liquorice’ should be preferably used.

The measures provided for
conformity with
Committee on the Food Chain and Animal Health.

in this Directive are in
Standing
the

opinion

the

of

This Directive should be without prejudice to the obli-
gations of the Member States relating to the time limits
for transposition into national law of the Directives set
out in Annex II, Part B,

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Official Journal of the European Union

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HAS ADOPTED THIS DIRECTIVE:

Article 3

Article 1

Without prejudice to the provisions of Article 3 of Directive
2000/13/EC, the labelling of the foodstuffs listed in Annex I to
this Directive shall include additional particulars, as set out in
that Annex.

Article 2

Directive 94/54/EC, as amended by the Directives listed in
Annex II, Part A,
is repealed, without prejudice to the obli-
gations of the Member States relating to the time limits for
transposition into national
in
law of
Annex II, Part B.

the Directives set out

References to the repealed Directive shall be construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex III.

This Directive shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 30 January 2008.

For the Commission
The President

José Manuel BARROSO

L 27/14

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Official Journal of the European Union

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ANNEX I

List of foodstuffs for which the labelling must include one or more additional particulars

Type or category of foodstuff

Particulars

Foodstuffs whose durability has been extended by means of
packaging gases authorised pursuant to Council Directive
89/107/EEC (1)

‘Packaged in a protective atmosphere’

Foodstuffs
authorised by Directive 94/35/EC

containing a

sweetener or

sweeteners

as

‘with sweetener(s)’

Foodstuffs containing both an added sugar or sugars and a
sweetener or
authorised by Directive
as
94/35/EC

sweeteners

That particular shall accompany the name under which the
product is sold, as laid down in Article 5 of Directive
2000/13/EC

‘with sugar(s) and sweetener(s)’

That particular shall accompany the name under which the
product is sold as laid down in Article 5 of Directive
2000/13/EC

Foodstuffs containing aspartame

‘contains a source of phenylalanine’

Foodstuffs containing more than 10 % added polyols

‘excessive consumption may produce laxative effects’

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

such or

containing

Confectionery
its
ammonium salt due to the addition of the substance(s) as
such or the liquorice plant Glycyrrhiza glabra at concen-
trations of 4 g/kg or above.

glycyrrhizinic

acid

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 concentrations of
50 mg/l or above, or of 300 mg/l or above in the case
of beverages containing more than 1,2 % by volume of
alcohol (2).

The terms ‘contains liquorice’ shall be added immediately
after the list of ingredients, unless the term ‘liquorice’
is
already included in the list of ingredients or in the name
under which the product is sold. In the absence of a list of
ingredients, the particular shall be placed near the name
under which the product is sold.

The following message must be added after the list of
‘contains liquorice – people suffering from
ingredients:
hypertension should avoid excessive consumption’. In the
the particular shall be
ingredients,
absence of a list of
placed near the name under which the product is sold.

The following message must be added after the list of
‘contains liquorice – people suffering from
ingredients:
hypertension should avoid excessive consumption’. In the
absence of a list of
the particular shall be
ingredients,
placed near the name under which the product is sold.

(1) OJ L 40, 11.2.1989, p. 27.
(2) The level shall apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the

manufacturers.

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ANNEX II

PART A

Repealed Directive with list of its successive amendments

(referred to in Article 2)

Commission Directive 94/54/EC

(OJ L 300, 23.11.1994, p. 14)

Council Directive 96/21/EC

(OJ L 88, 5.4.1996, p. 5)

Commission Directive 2004/77/EC

(OJ L 162, 30.4.2004, p. 76)

PART B

List of time-limits for transposition into national law

(referred to in Article 2)

Directive

Time-limit for transposition

94/54/EC

96/21/EC

2004/77/EC

30 June 1995 (*)

30 June 1996 (**)

20 May 2005 (***)

(*) In accordance with the first paragraph of Article 2 of Directive 94/54/EC:

‘Member States shall, where necessary, amend their laws, regulations and administrative provisions by 30 June 1995 in such a way so
as to:
— permit trade in products complying with this Directive no later than 1 July 1995,
— prohibit trade in products not complying with this Directive with effect from 1 January 1997; however, trade in products placed

on the market or labelled before that date and not conforming with this Directive may continue until stocks run out.’

(**) In accordance with the first paragraph of Article 2 of Directive 96/21/EC:

‘Member States shall, where necessary, amend their laws, regulations and administrative provisions before 1 July 1996 so as to:
— allow trade in products complying with this Directive by 1 July 1996 at the latest;
— prohibit trade in products not complying with this Directive from 1 July 1997. However, products placed on the market or

labelled before that date which do not comply with this Directive may be marketed until stocks are exhausted.’

(***) In accordance with Article 2 of Directive 2004/77/EC:

The Member States shall permit trade in products which comply with this Directive from 20 May 2005 at the latest.
The Member States shall prohibit trade in products which do not comply with this Directive from 20 May 2006.

‘1.
2.
However, products which do not comply with this Directive and which were labelled before 20 May 2006 shall be authorised while
stocks last.’

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ANNEX III

Correlation table

Directive 94/54/EC

This Directive

Article 1

Article 2

—

Article 3

—

Annex

—

—

Article 1

—

Article 2

Article 3

Article 4

Annex I

Annex II

Annex III