CELEX: 51991PC0297
Language: en
Date: 1991-07-25
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 89/396/EEC ON INDICATIONS OR MARKS IDENTIFYING THE LOT TO WHICH A FOODSTUFF BELONGS

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       - SYN 357
     marks identifying the lot to which a foodstuff belongs
                COMMUNICATION FROM THE COMMISSION
 Implementation of Directive 89/396/EEC on indications or marks
        identifying the lot to which a foodstuff belongs
 ---pagebreak---                                     - 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.
 ---pagebreak---                                      - 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
 ---pagebreak---                         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.
 ---pagebreak---                                                                       ÎSSN 0254-1475
                                                               COM(91) 297 final
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