CELEX: 51982PC0626
Language: en
Date: 1982-10-08
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 79/112/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE LABELLING, PRESENTATION AND ADVERTISING OF FOODSTUFFS FOR SALE TO THE ULTIMATE CONSUMER

26. 10. 82                          Official Journal of the European Communities                                No C 281/3
                                                              II
                                                      (Preparatory Acts)
                                                COMMISSION
               Proposal for a Council Directive amending Directive 79/112/EEC on the approximation
               of the laws of the Member States relating to the labelling, presentation and advertising of
                                        foodstuffs for sale to the ultimate consumer
                            (Submitted by the Commission to the Council on 12 October 1982)
THE COUNCIL OF THE EUROPEAN                                        2. Article 6 (3) is replaced by the following:
COMMUNITIES,                                                          '3.     In the case of:
Having regard to the Treaty establishing the                          — products covered by CCT headings 22.04 and
European Economic Community, and in particular                             22.05,
Article 100 thereof,                                                  — spirituous beverages,
Having regard to the proposal from the Commission,                    — aromatized wines,
Having regard to the opinion of the European                          the rules concerning the inclusion of ingredients
Parliament,                                                           on the label shall be those laid down in the specific
                                                                      Community        provisions   applicable    to     such
Having regard to the opinion of the Economic and                      beverages.'
Social Committee,
                                                                   3. The following subparagraph (c) is added to Article
Whereas Article 6 (3) of Council                  Directive           6(8):
79/112/EEC (') provides, with respect to alcoholic                    '(c) in the case of beverages containing more than
beverages containing more than 1 • 2 % by volume of                         1 • 2 % by volume of alcohol where water is an
alcohol, that the Council shall, before expiry of a                         ingredient without which the beverage cannot
period of four years following notification of that                         be obtained.'
Directive, determine the rules for labelling ingredients
and, possibly, indicating the alcoholic strength;                  4. The following Article 10 (a) is inserted:
Whereas it is necessary in the interests of consumers                  Article 10(a)
that the inclusion on the labelling of such beverages                 The rules concerning indication of the alcoholic
of particulars of their ingredients and alcoholic                     strength shall:
strength be compulsory while at the same time there                   (a) in the case of:
should be scope for detailed rules to be determined
by specific provisions;                                                    — products covered by CCT headings No
                                                                                22.04 and No 22.05,
Whereas the rules for indicating alcoholic strength
                                                                           — spirituous beverages,
will have to be established subsequently, especially
with regard to tolerances;                                                 — aromatized wines,
                                                                           be those laid down in the specific Community
Whereas, with respect to beer, an addition should be                       provisions applicable to such beverages;
made to Annex I to the abovementioned Directive,
                                                                      (b) in the case of other beverages containing more
                                                                           than 1 • 2 % by volume of alcohol, be laid
HAS ADOPTED THIS DIRECTIVE:                                                down in accordance with the procedure
                                                                           provided for in Article 17.'
                          Article 1
                                                                   5. The first subparagraph of Article 11 (3) (a) is
Directive 79/112/EEC is hereby amended as follows:                    replaced by the following:
 1. The following point 9 is added to Article 3 (1):                  '(a) The particulars listed in Article 3 (1), points 1,
    '9. with respect to beverages containing more than                      3, 4 and 9, shall be simultaneously visible.'
        1 • 2 % by volume of alcohol, the alcoholic                6. The following is added to Annex I:
        strength.'
                                                                       'Definition
                                                                      All non-malted cereals used in the manufacture of
(') OJ No L 33, 8. 2. 1979, p. 1.                                     beer.
 ---pagebreak--- No C 281/4                         Official Journal of the European Communities                          26. 10.82
   Hops, hop powder, hop extracts used in the manu-         — permit trade in products which comply with the
   facture of beer and similar beverages.                       provisions of this Directive by 31 December 1984
                                                                at the latest,
   Designation
                                                            — prohibit trade in products which do not comply
   Non-malted cereals(s) or mixture(s) of non-malted            with the provisions of this Directive by 31
   cereals.                                                     December 1985 at the latest.
   Hops.'
                                                            2.    However, in the case of certain long-keeping
                                                            products, the time limit fixed in the second indent of
                       Article 2                            paragraph 1 above may be extended in accordance
                                                            with the procedure laid down in Article 17 of
1.    Member States shall, where appropriate, amend
                                                            Directive 79/ 112/EEC.
their legislation to comply with this Directive and
shall forthwith inform the Commission thereof;
                                                                                    Article 3
legislation thus amended shall be applied in such a
manner as to:                                               This Directive is addressed to the Member States.