CELEX: 51987PC0501
Language: en
Date: 1987-10-28
Title: PROPOSAL FOR A COUNCIL REGULATION ON INDICATIONS OR MARKS IDENTIFYING THE LOT TO WHICH A FOODSTUFF BELONGS

No C 310/2                               Official Journal of the European Communities                                   20. 11. 87
                                                                 II
                                                         (Preparatory Acts)
                                                  COMMISSION
              Proposal for a Council Regulation on indications or marks identifying the lot to which a
                                                         foodstuff belongs
                                                        COM(87) 501 final
                               (Submitted by the Commission to the Council on 9 November 1987)
                                                           (87/C 310/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas at international level there is now a general
                                                                     obligation to give the reference to the manufacturing or
                                                                     packaging lot of prepackaged foodstuffs; whereas it is
Having regard to the Treaty establishing the European
                                                                     the Community's duty to contribute to the development
Economic Community, and in particular Article 100A
                                                                     of international trade;
thereof,
Having regard to the proposal from the Commission,                   Whereas it is therefore advisable to adopt rules of a
                                                                     general and horizontal nature in order to establish a
                                                                     common lot identification system;
In cooperation with the European Parliament,
                                                                     Whereas the efficiency of this system depends on its
Having regard to the opinion of the Economic and                     application at the various marketing stages; whereas it is
Social Committee,                                                    nevertheless desirable to exclude both certain operations
                                                                     taking place at the start of the marketing circuit for agri-
Whereas it is necessary to adopt measures             for the        cultural products, and foodstuffs sold in bulk to the final
progressive establishment of the internal market     over the        consumer;
period up to 31 December 1992; whereas the            internal
market consists of an area without internal          frontiers
                                                                     Whereas, in view of the variety of identification methods
within which the free movement of goods,             persons,
                                                                     used, it is up to the trader to determine the lot and to
services and capital is guaranteed;
                                                                     affix the corresponding indication or mark;
Whereas trade in foodstuffs occupies a very important
place in the internal market;                                        Whereas, in order to satisfy the                 information
                                                                     requirements for which it is intended, this indication
                                                                     must be clearly distinguishable and recognizable as such;
Whereas indication of the lot to which a foodstuff
belongs meets the need for better information on the
identity of products; whereas it is therefore a useful               Whereas the date of minimum durability or 'use by' date,
source of information when foodstuffs are the subject of             in conformity with Directive 79/112/EEC, may serve as
dispute or constitute a health hazard for consumers;                 the lot identification provided it is indicated precisely,
Whereas Council Directive 79/112/EEC of 18                           HAS ADOPTED THIS REGULATION:
December 1978 on the approximation of the laws of the
Member State relating to the labelling, presentation and
advertising of foodstuffs for sale to the ultimate
                                                                                               Article 1
consumer ('), as last amended by Directive 86/197/
EEC (2), contains no indications on lot identification;               1.   This Regulation relates to indications or marks
whereas some Member States have meanwhile adopted                    which allow identification of the lot to which a foodstuff
measures requiring such indication;                                  belongs.
                                                                     2.     For the purposes of this Regulation, 'lot' means a
(') OJ No L 33, 8. 2. 1979, p. 1.                                    batch of units of a foodstuff produced, manufactured or
(2) OJ No L 144, 29. 5. 1986, p. 38.                                 packaged essentially under the same conditions.
 ---pagebreak--- 20.11.87                                 Official Journal of the European Communities                                 No C 310/3
                          Article 2                                 the letter 'L' shall appear on the prepackaging or on a
                                                                    label attached thereto.
1.    A foodstuff may not be marketed unless it is
accompanied by an indication or mark as referred to in
                                                                    They shall in all cases appear in a conspicuous place so
Article 1 (1).
                                                                    as to be easily visible, clearly legible and indelible.
2.    However, paragraph 1 shall not apply:
(a) to agricultural products sold or delivered by the                                           Article 5
    producer to temporary storage, preparation or                   When the date of minimum durability or 'use by' date
    packaging stations or transported from the holding              appears on the label, the indications or marks referred to
    to producers' organizations,                                    in Article 1 (1) need not appear on the foodstuff,
(b) when, at the point of sale to the final consumer, the           provided that the date clearly consists at least of the
    foodstuffs are not prepackaged, are packaged at the             indication of the day and the month in that order.
    request of the purchaser or are prepackaged for
    immediate sale.                                                                             Article 6
                           Article 3                                Trade in products complying with this Regulation shall
                                                                    be authorized from 1 November 1987.
The indications or marks referred to in Article 1(1) shall
be determined and affixed under the responsibility of the
                                                                    Trade in products not complying with this Regulation
producer, manufacturer or packager of the foodstuff in
                                                                    shall be prohibited from 1 November 1988.
question, or the first seller established within the
Community. They shall be preceded by the letter 'L'
except in cases where they are clearly distinguishable                                          Article 7
from the other indications or marks on the label.
                                                                    This Regulation shall enter into force on 1 November
                                                                     1987.
                           Article 4
When the foodstuffs are prepackaged, the indications or             This Regulation shall be binding in its entirety and
marks referred to in Article 1(1) and, where appropriate,           directly applicable in all Member States.
               Amendments to the proposal for a Council Directive amending Directive 77/388/EEC on the
               harmonization of the laws of the Member States relating to turnover taxes in respect of the
                    common value added tax scheme applicable to small and medium-sized businesses (')
                                                        COM(87) 524 final
               (Submitted by the Commission to the Council pursuant to the third paragraph of Article 149 of the
                                                           EEC Treaty)
                                                          (87/C 310/03)
THE COMMISSION HEREBY AMENDS ITS PROPOSAL                                'The taxable person shall make a return at least once
AS FOLLOWS:                                                              a year, each Member State endeavouring to ensure
                                                                         that the date of the re-run is the same as the return
Article 1 is hereby amended as follows:                                  required from the taxpayer in respect of direct
                                                                         taxation.'
(a) In Article     24 (6) (a),   '150 000'  is   replaced   by       (c) A new paragraph 6a is inserted between paragraphs 6
     '200 000'.                                                          and 7 as follows:
                                                                         '6a.   Taxable persons eligible for the simplified
(b) The text of Article 24 (6) (e) is replaced by the                    scheme may opt for the normal value added tax
     following:                                                          scheme.'
(') OJ No C 272, 28. 10. 1986, p. 12.