CELEX: 51994PC0160
Language: en
Date: 1994-05-02
Title: Proposal for a Council Directive concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0M(94) 160 final
                                                 Brussels. 02.05.1994
                            Proposal for a Council Directive
                 concerning the compulsory Indication on the labelling
         of certain foodstuffs of particulars other than those provided for In
                                  Directive 79/112/EEC
                           (presented by the Commission)
 Mfe'i
 f^t
-sftSSfe
 ---pagebreak---                              Explanatory mémorandum
Under the terms of Article 4(2) of Directive 79/112/EEC concerning the
labelling of     foodstuffs, Community       provisions applicable     to certain
foodstuffs may stipulate the compulsory indication of particulars other
than those set out In Article 3 of that Directive.
 It emerged    from discussions      in the Standing Committee on Foodstuffs
 regarding   amendments   to Annex     II to Directive 79/112/EEC       concerning
 categories   of   additives    that   packaging   gases, which    are   additives
 within   the meaning    of   Directive    89/107/EEC,   cannot  be   regarded   as
 ingredients In view of the fact that in most cases they escape when the
 packaging is opened.
 Following a notification from Italy pursuant to the procedure set out
  in Article 16 of Directive 79/112/EEC,          It was thought necessary, in
 order   to  keep   the  consumer     properly   Informed,   to  indicate   on  the
  labelling that certain products are packaged with packaging gases.
 This   Information   should    enable   consumers   to understand    why   certain
 products have a longer shelf life.
  Following a favourable opinion delivered by the Standing Committee on
  Foodstuffs, the Commission adopted a decision on 8 July 1993 requesting
  the Italian authorities to postpone the adoption of their regulations
  for six months to enable Community rules to be introduced in this area.
 The   draft   Directive    attached    therefore   sets   out  to  address    this
 problem.    It may   be supplemented       If other   particulars   prove   to be
 necessary for certain foodstuffs.
                                       - 2 -
 ---pagebreak---                         Proposal for a Council Directive.
           concerning the compulsory      Indication on the labelling
  of certain foodstuffs of particulars other than those provided for In
                               Directive 79/112/EEC
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having   regard to Council      Directive 79/112/EEC of 18 December        1978 on
the   approximation of     the   laws of   the Member States    relating    to   the
labelling,     presentation     and  advertising     of  foodstuffs,1    as     last
                                                                             2
amended by Directive 91/72/EEC and in particular          Its Article 4 ( 2 ) ,
Having regard to the proposal from the Commission,
Whereas, having regard to the scope and effects of the proposed action,
the Community     measures   introduced by this Directive are essential           if
the objectives set are to be attained; whereas those objectives cannot
be    attained   by    the  Member    States    acting   Individually;    whereas,
moreover, Directive 79/112/EEC already provides for the attainment of
such objectives at Community level;
Whereas,     in    order   to    ensure    that   consumers    receive    adequate
 information, it is necessary to provide for compulsory           indication, for
 certain foodstuffs, of other particulars         In addition to those provided
 for in Article 3 of Directive 79/112/EEC;
 1   OJ L 33, 8.2.1979, p. 1.
 2   OJ L 42, 15.2.1991, p. 27.
                                        - 3 -
 ---pagebreak--- Whereas packaging gases used In packaging certain foodstuffs should not
be  regarded    as   ingredients within     the   meaning  of   Article 6(1) of
Directive 79/112/EEC and therefore should not be included             in the list
of ingredients on the label;
Whereas, 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  shelf   life than similar
products packaged differently;
Whereas   in order    to prevent new barriers to trade being created by
unilateral measures       taken by Member States, It Is necessary to adopt
Community provisions;
Whereas,    in accordance with Article 3(1)(5) of Directive 79/112/EEC,
the  above     indication    must  be   accompanied    by   information    on  the
durability of the foodstuff after the packaging has been opened;
Whereas,    in accordance with     the procedure of article 17 of Council
Directive 79/112/EEC, this text was submitted to the Standing Committee
for Foodstuffs which was unable to express an opinion and               , whereas
under the same procedure, the Commission shall submit to the Council a
proposal relating to the measures to be taken,
HAS ADOPTED THIS DIRECTIVE:
                                    Article 1
Without    prejudice     to   the  provisions    of   Article 3    of    Directive
79/112/EEC, the labelling of the foodstuffs listed in the Annex to this
Directive    shall   include additional    particulars, as set out         in that
Annex.
                                       - 4 -
 ---pagebreak---                                   Article 2
Member States shall, where necessary, amend their laws, regulations and
administrative provisions by 30 June 1994 in such a way so as to:
-  permit   trade   In products complying with this Directive not    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.
They shall forthwith Inform the Commission thereof.
When Member States adopt such provisions they shall contain a reference
to this Directive or be accompanied by such reference on the occasion
of their official publication.      The methods of making such a reference
shall be laid down by the Member States.
                                  Article 3
The Directive Is addressed to the Member States.
Done at Brussels,
                                     - 5 -
 ---pagebreak---                                   A2NE&
        List of foodstuffs for which the labelling must Include
                   one or more additional particulars
Type or category of foodstuff              Particulars
-  Foodstuffs whose durability              "Packaged In a protective
   has been extended by means               atmosphere"
   of packaging gases authorized
   pursuant to Directive 89/107/EEC
                                  - 6 -
 ---pagebreak---                                                                      ISSN fK'54-1475
                                                              COM (94) 160 final
                                                      DOCUMENTS
                                 Catalogue number : CB-CO-94-172-EN-C
                                                             ISBN 92-77-67841-0
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                             -7