CELEX: 51989PC0420
Language: en
Date: 1989-08-25
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON NUTRITION LABELLING RULES FOR FOODSTUFFS INTENDED FOR SALE TO THE ULTIMATE CONSUMER

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM (89) 420 final - SYN 155
                                               Brussels, 25  August 1989
                      Amended Proposal for a
                         COUNCIL DIRECTIVE
                 on nutrition labelling rules for
     foodstuffs intended for sale to the ultimate consumer
              ([C0M(88) 489 final of 5 October 1988]
       (presented by the Commission pursuant to the third
           paragraph of article 149 of the EEC Treaty)
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EXPLANATORY NOTE
In October 1988 the Commission submitted to the Council two proposals for
Council Directives on nutrition labelling; the first on the Introduction of
compulsory nutrition labelling of foodstuffs Intended for sale to the
ultimate consumer and the second on nutrition labelling rules for
foodstuffs intended for sale to the ultimate consumer(1>
In response to the opinion delivered by the European Parliament^) on the
abovementioned proposals and In accordance with the third paragraph of
article 149 of the Treaty establishing the European Economic Community, the
Commission has decided to amend Its proposal on nutrition labelling rules
for foodstuffs Intended for sale to the ultimate consumer.
Given the scope of the amendments involved a consolidated text Is
presented.
(1) OJ C 282, 5.11.1988, P.8
(2)
 ---pagebreak---                                      - 3 -
                            Amended Proposal for a
                               COUNCIL DIRECTIVE
          on nutrition labelling rules for foodstuffs Intended for
                        sale to the ultimate consumer
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 important that measures should be adopted with a view to the
progressive establishment of the Internal market by 31 December 1992;
whereas the Internal market will embrace an area without Internal frontiers
in which the freedom of movement is ensured for goods, persons, services
and capital ;
Whereas there is growing public Interest In the relationship between diet
and health and the choice of an appropriate diet to suit Individual needs;
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Whereas the Council and the representatives of the governments of the
Member States meeting within the Council, in their Resolution of 7 July
 1986 4 on the European Programme against cancer, retained the Improvement
of nutrition as a priority;
Whereas the knowledge of basic principles of nutrition and appropriate
nutrition labelling of foodstuffs would go a long way In enabling the
consumer to make this choice;
Whereas the provision of nutrition labelling should stimulate more action
 in the area of nutrition education for the public;
Whereas, for the benefit of the consumer on the one hand, and to avoid any
possible technical barriers to trade on the other, nutrition labelling
should be presented In a standardized format applying Community wide;
Whereas foodstuffs bearing nutrition labelling should conform to the rules
 laid down In this Directive;
Whereas all other forms of nutrition labelling should be prohibited but
foodstuffs bearing no nutrition labelling should be able to circulate
freely;
Whereas, to appeal to the average consumer and to serve the purpose for
which It is introduced, and given the currently-estimated low level of
knowledge on the subject of nutrition, the Information provided should be
simple and easily understood;
Whereas the rules laid down In this Directive should also take into account
the Codex Ailmentarius Guidelines on Nutrition Labelling;
4   OJ C 184 of 23.7.1986, p. 19
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Whereas general labelling provisions and definitions are contained in
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 for sale to the ultimate consumer 1 , and
therefore need not be repeated;   whereas the present Directive can
therefore be confined to those provisions pertaining to nutrition
 Iabe111ng,
HAS ADOPTED THIS DIRECTIVE:
                                  Article 1
1.    This Directive concerns nutrition labelling of foodstuffs to be
delivered as such to the ultimate consumer.     It shall also apply to
foodstuffs intended for supply to restaurants, hospitals, canteens and
similar mass caterers.
2.    For the purposes of this Directive:
(a)   "Nutrition labelling" shall mean any Information appearing In
      labelling and relating to:
      (I)  energy,
      (II)  nutrients:  protein, carbohydrate, fat, dietary fibre, vitamins
            and minerals.
(b)   "Nutrition claim" shall mean any representation which states, suggests
     or implies that a food has particular properties as to the energy It
      provides and/or the nutrient It contains.    However, quantitative or
     qualitative declaration of certain nutrients, If required by
      legislation, do not constitute a nutrition claim.
1 OJ NO 33, 8.2.1979, p. 1.
 ---pagebreak---                                   - 6-
(c) "Protein" shall mean the protein content calculated using the formula:
    Protein - Total KJeldahl Nitrogen x 6.25.
    However, a factor of 6.38 may be used if all the protein present Is
    mi Ik protein.
(d) "Carbohydrate" shall mean any carbohydrate which is metabolized in man
    and includes sugar alcohols.
(e) "Sugars" means all monosaccharides and disaccharIdes present in food
    but excludes sugar alcohols
(f) "Fat" shall mean total lipids and shall include phospholipids.
(g) "Saturates" shall mean fatty acids, I.e. fatty acids without double
    bond.
(h) "Monounsaturates" shall mean fatty acids with one els double bond.
(I) "Polyunsaturates" shall mean fatty acids with cis, cls-methylene
    interrupted double bonds.
(j) "Dietary fibre" shall mean the material measured by the method of
    analysis to be determined in accordance with the procedure laid down
    In Article 8^_
(k) "Average value" shall mean the value of a nutrient 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.
 ---pagebreak---                                     - 7 -
                                  Article 2
 1.   Nutrition labelling shall be compulsory when a nutrition claim is made
 in labelling or advertising.
2.    Nutrition labelling Is optional In all other cases.
                                  Article 3
 1•   For the purpose of this Directive two groups of Information are
defined as fol lows:
Group 1
(a)   energy
(b)   the amounts of protein, carbohydrate, and fat
Group 2
(a) energy
(b) the amounts of protein, carbohydrate, sugars, fat, saturates, dietary
fibre and sodium
When nutrition labelling Is provided the Information given shall consist of
either group 1 or group 2 In the given order.
                                                                             1
 ---pagebreak---                                    - 8-
2.   Nutrition labelling may also Include the amounts of one or more of the
fo11owIng:
starch;
sugar alcohols;
monounsaturates;
polyunsaturates;
any of the vitamins or minerals listed in the Annex and
present in significant amounts as defined In that Annex.
3.   When a nutrition claim Is made for sugars, saturates, dietary fibre or
sodium the information given shall consist of group 2.
4.   The declaration of a nutrient listed In paragraph 2 for which a
nutrition claim Is made shall be compulsory.  In addition, when the amount
of polyunsaturates and/or monounsaturates is given, the amount of saturates
shall also be given, the declaration of the latter not constituting a claim
within the meaning of paragraph 3.
                                 Article 4
The energy value to be declared shall be calculated using the following
conversion factors:
     Carbohydrates (except sugar alcohols)      4   kcal/g - 17 kJ/g
     Sugar alcohols                             2.4 kcal/g - 10 kJ/g
     Protein                                    4   kcal/g - 17 kJ/g
     Fat                                        •   kcal/g - 37 kJ/g
     Alcohol (Ethanol)                          7   kcal/g - 29 kJ/g
     Organic Acid                               3   kcal/g - 13 kJ/g.
 ---pagebreak---                                     - 9 -
                                 Article 5
 1.  The declaration of the energy value and of the nutrient content shall
be numerical.   The units to be used are the following:
     Energy - kJ and kcal
     Protein
     Carbohydrate
     Fat                            grams (g)
     Dietary Fibre
     Sodium
     Vitamins and Minerals       )   the units specified In the Annex.
2.   Information shall be expressed per 100 g or per 100 ml or per package
where the package contains only a single portion of less than 100 g.    In
addition, this Information may be given per serving as quantified on the
label or per portion, provided that the number of portions contained In the
package is stated.
3.   The amounts mentioned shall be those of the food as sold.    Where
appropriate, information on a prepared basis may be given In addition,
providing sufficiently detailed specified preparation Instructions are
given and the information relates to the food as prepared for consumption.
4.a)   Information on vitamins and minerals may In addition be epxressed as
a percentage of the Recommended Daily Allowance (RDA) given in the Annex
per amounts as specified above.
                                                                            ê-
 ---pagebreak---                                      - 10 -
   b)    The percentage of the Recommended Daily Allowance (RDA) for vitamins
and minerals may also be given as part of graphic representation.
Implementing provisions for this subparagraph may be adopted In accordance
with the procedure laid out In article 8 .
5.    Where starch and/or sugar alcohols Is declared, this declaration shall
follow Immediately the declaration of the carbohydrate and sugars content
in the following format, as the case may be:
      Carbohydrate                 g, of whIch:
      Sugars                       g
      Sugar alcohols               g
      Starch                       g.
6.    Where the amount and/or type of fatty acids Is declared, this
declaration shall follow immediately the declaration of the total fat in
the following format, as the case may be:
      Fat                          g, of wh I ch :
      Saturates                    g
      Monounsaturates              g
      PoIyunsaturates              g.
7.    The figures declared shall be derived average values based on, as the
case may be:
(a)   the manufacturer's analysis of the food;
(b)   calculation from knowledge of the actual or average values of the
       Ingredients used;
(c) calculations from generally acceptable data.
                                                                              A
 ---pagebreak---                                       - 11 -
                                    Article 6
 1.   The Information covered by this Directive shall appear all together in
one place In tabular form, if space permits, with the numbers aligned.
Where space does not permit, the linear form shall be used.
 It shall be marked In a consplclous place In such a way as to be easily
 visible, clearly legible and indelible.
 It shall not In any way be hidden, obscured or interrupted by other written
or pictorial matter.
2.    Member States shall ensure that the Information covered by this
Directive appears In a language easily understood by purchasers, unless
other measures have been taken to ensure that the purchaser Is Informed.
This provision shall not prevent such Information from being Indicated In
various languages.
3.    Member States shall' refrain from laying down requirements more
detailed than those already contained In this Directive concerning
nutrition labelling.
                                   Article 7
The amendements necessary to adapt the conversion factors Included In
article 4 and the list of vitamins and minerals and their recommended dally
allowance Included In the Annex to scientific and technical progress shall
be adopted In accordance with the procedure laid down In article 8.
                                   Article 8
Where the procedure laid down in this Article Is to be followed, the
Representative of the Commission shall submit to the Standing Committee a
                                                                             J*
 ---pagebreak---                                      - 12 -
  dra$ of the measures to be taken.   The Committee shall deliver Its
Opinion on the draft within a time limit which the Chairman may lay down
according to the urgency of the matter If necessary by taking a vote.
The Opinion shall be recorded in the minutes; in addition, each Member
States shall have the right to ask to have Its position recorded in the
minutes.
The Commission shall take the utmost account of the opinion delivered by
the Committee.    It shall Inform the Committee of the manner in which Its
opinion has been taken Into account.
                                   Article 9
Member States shall take the necessary measures to comply with this
Directive.   They shall forthwith inform the Commission thereof.   Those
measures shall be applied in such a way as to:
- permit trade In products complying with this Directive, by ...1;
- prohibit trade in products which do not comply with this Directive, with
   effect from ...2
                                  Article 10
This Directive Is addressed to the Member States.
Done at                                 For the Council
                                        The President
1   18 months after the notification
2   36 months after the notification
                                                                           A
 ---pagebreak---                                      - 13 -
ANNEX
                 VITAMINS AND MINERALS WHICH MAY BE DECLARED
                AND THEIR RECOMMENDED DAILY ALLOWANCES (RDAs)
Vitamin A JJLQ                 1 000
Vitamin D fig                      5
Vitamin E mg                      10
Vitamin C mg                      60
Thiamin mg                         1.4
Riboflavin mg                      1.6
Niacin mg                         18
Vitamin B6 mg                      2
Folacln fiQ                      400
Vitamin B12 /ig                    3
Blot In mg                         0.15
Pantothenic acid mg                6
Calcium mg                       800
Phosphorus mg                    800
Iron mg                           12
Magnesium mg                     300
Zinc mg                           15
Iodine /ig                       150
As a rule, 15% of the recommended Intake specified In this Annex supplied
by 100 g or 100 ml or per package if the package contains only a single
portion of less than 100 g should be taken Into consideration in deciding
what constitutes a significant amount.
                                                                          M
 ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(89) 420 final
                                                       DOCUMENTS
 EN                                                                              !5
                                                                       25.8.1989
                                 Catalogue number : CB-CO-89-366-EN-C
                                                             ISBN 92-77-52566-5
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