Source: EURLEX
Language: en
Format: md

### **`COMMISSION OF THE EUROPEAN COMMUNITIES`**

```
                       C0M(91) 297 final - SYN 357

                       Brussels, 25 July 1991

                Proposal for a

               COUNCIL DIRECTIVE

```

```
  amending Directive 89/396/EEC on indications or

marks identifying the lot to which a foodstuff belongs

      COMMUNICATION FROM THE COMMISSION

```

```
- SYN 357

```

```
Implementation of Directive 89/396/EEC on indications or marks

    identifying the lot to which a foodstuff belongs

```

```
                    - 2 
Explanatory memorandum

Council Directive 89/396/EEC of 14 June 1989 on indications or marks
identifying the lot to which a foodstuff belongs provides that a foodstuff
may not be marketed unless it Is accompanied by an indication which allows
identification of the lot to which it belongs.

Article 7 of the Directive provides that the latter should be implemented
no later than 20 June 1991. Some weeks before that date, the Commission was
informed that many economic operators are encountering insurmountable
technical problems in their endeavours to apply the Directive, due to the
fact that special new equipment Is necessary in order to comply with the
obligation to indicate on the label the lot to which a product belongs.

According to the Information available to the Commission, manufacturers of
this type of equipment are not at present able to meet the demand from the
agri-food industries, resulting in very long delivery periods.

It is therefore necessary to postpone by one year the application date
originally specified in the Directive, in order to avoid creating new
barriers to intra-Communlty trade resulting from the technical
Impossibility of complying with Community legislation.

```

```
                    - 1 
                    proposa I

              for a Council Directive

amending Directive 89/396/EEC on indications or marks Identifying the lot SYN 357
to which a foodstuff belongs.

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,
and in particular Article 100a thereof,

Having regard to the proposal from the Commission, [1 ]

In cooperation with the European Parliament, [2 ]

Having regard to the opinion of the Economic and Social Committee, [3 ]

Whereas It Is necessary to take account of the insurmountable technical
problems which have rendered Impossible the implementation by 20 June 1991
of Directive 89/396/EEC; whereas it Is therefore necessary to postpone the
Implementation date,

HAS ADOPTED THIS DIRECTIVE:

                  Article 1

The second indent of the first paragraph of Article 7 Is replaced by the
fol lowing text:

   prohibit trade in products not complying with this Directive with
   effect from 1 July 1992. 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.

                  Article 2

 This Directive is addressed to the Member States.

 Done at

            For the Counci i

 1 OJ No C

 2 OJ C No

 3 OJ No C

```

```
             Communication from the Commission

Subject: implementation of Directive 89/396/EEC on indications or marks
      identifying the lot to which a foodstuff belongs

Article 7 of Directive 89/396/EEC on the identification of the lot to which
a foodstuff belongs requires the Member States to amend their laws,
regulations and administrative provisions to prohibit trade in products not
complying with the Directive with effect from 20 June 1991.

The Commission has been informed that insurmountable technical difficulties

have arisen with regard to the implementation of this Directive.

In order to avoid the creation of further barriers to Intra-Communlty trade
as a result of it being technically impossible to conform to the Community
legislation, the Commission has decided to propose very shortly the
postponement of implementation until 1 July 1992.

```

# **H**

**ÎSSN** **0254-1475**

#### **COM(91) 297 final**

# **DOCUMENTS**

## **EN to**

#### **Catalogue number : CB-CO-91-331-EN-C** **ISBN 92-77-74712-9**

**Office for** **Officiai** **Publications of** **Ihe** **European** **Communities**

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