CELEX: 51994FC0054
Language: en
Date: 2006-12-22
Title: Draft Commission Directive …/…/EC of […] concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 2000/13/EC of the European Parliament and of the Council (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                           COMMISSION DIRECTIVE …/…/EC

                                                                      of […]

 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 2000/13/EC
                                                  of the European Parliament and of the Council

                                                                (Codified version)

                                            ê 94/54/EC (adapted)

                                                                      Draft

                                                           COMMISSION DIRECTIVE …/…/EC

                                                                      of […]

      concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive
                                           Ö 2000/13/EC of the European Parliament and of the Council Õ

                                                            (Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive Ö 2000/13/EC of the European Parliament and of the Council of 20 March 2000 Õ on the approximation of the laws of  the
Member States relating to the labelling, presentation and advertising of foodstuffs[1], and in particular Article 4(2) thereof,

Ö Having regard to Directive 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use  in  foodstuffs[2]  and
in particular Article 6 thereof, Õ

Whereas :

                                            ê 

   1) Commission Directive 94/54/EC of 18 November 1994  concerning  the  compulsory  indication  on  the  labelling  of  certain  foodstuffs  of
      particulars other than those provided for in Council Directive 79/112/EEC[3] has  been  substantially  amended  several  times[4].  In  the
      interests of clarity and rationality the said Directive should be codified.

                                            ê 94/54/EC (adapted)

   2) 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  Ö 2000/13/EC Õ .

   3) Packaging gases used in packaging certain foodstuffs  should  not  be  regarded  as  ingredients  for  the  purposes  of  Article  6(1)  of
      Directive  Ö 2000/13/EC Õ and therefore should not be included in the list of ingredients on the label.

                                            ê 94/54/EC

   4) 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.

                                            ê 96/21/EC Recital 4 (adapted)

   5) With a view to providing adequate consumer information, the labelling of foodstuffs which contain sweeteners  Ö should Õ  bear  details  to
      that effect.

                                            ê 96/21/EC Recital 5

   6) Moreover, warnings should also be given on the labelling of foodstuffs containing certain categories of sweetener.

   7) ê 2004/77/EC Recital 5 (adapted)

   8) Ö Furthermore, Õ it Ö is Õ necessary to provide labelling which gives the consumers clear information on  the  presence  of  glycyrrhizinic
      acid or its ammonium salt in confectionery and beverages. In the case of high contents of glycyrrhizinic  acid  or  its  ammonium  salt  in
      Ö those Õ products, the consumers, and in particular those suffering from hypertension, should  in  addition  be  informed  that  excessive
      intake should be avoided. To ensure a good understanding of Ö such Õ information by the consumers, the well known term ‘liquorice ’  should
      be preferably used.

                                            ê 

   9) The measures provided for in this Directive are in conformity with the opinion of the Standing Committee  on  the  Food  Chain  and  Animal
      Health.

  10) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law of the Directives set out in Annex II, Part B,

                                            ê 94/54/EC

HAS ADOPTED THIS DIRECTIVE:

                                            ê 94/54/EC (adapted)

                                                                    Article 1

Without prejudice to the provisions of Article 3 of Directive Ö 2000/13/EC Õ, the labelling of the foodstuffs  listed  in  Annex  Ö I Õ  to  this
Directive shall include additional particulars, as set out in that Annex.

                                            ê 

                                                                    Article 2

Directive 94/54/EC, as amended by the Directives listed in Annex II, Part A, is repealed, without prejudice to  the  obligations  of  the  Member
States relating to the time-limits for transposition into national law of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table in Annex III.

                                            ê 94/54/EC (adapted)

                                                                    Article 3

This Directive shall enter into force on the Ö twentieth Õ day following Ö that of Õ its publication in the  Official  Journal  of  the  European
Ö Union Õ.

                                            ê 

                                                                    Article 4

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 94/54/EC Annex (adapted)

                                                                   ANNEX Ö I Õ

                            List of foodstuffs for which the labelling must include one or more additional particulars

|Type or category of foodstuff                                   |Particulars                                                             |
|Foodstuffs whose durability has been extended by means of       |‘Packaged in a protective atmosphere”’                                  |
|packaging gases authorised pursuant to Council                  |                                                                        |
|Directive 89/107/EEC[5]                                         |                                                                        |

                                            ê 96/21/EC Art. 1 (adapted)

|Foodstuffs containing a sweetener or sweeteners as authorised by|‘with sweetener(s)’                                                     |
|Directive 94/35/EC                                              |Ö That Õ particular shall accompany the name under which the product is |
|                                                                |sold, as laid down in Article 5 of Directive Ö 2000/13/EC Õ             |
|Foodstuffs containing both an added sugar or sugars and a       |‘with sugar(s) and sweetener(s)’                                        |
|sweetener or sweeteners as authorised by Directive 94/35/EC     |Ö That Õ particular shall accompany the name under which the product is |
|                                                                |sold as laid down in Article 5 of Directive Ö 2000/13/EC Õ              |
|Foodstuffs containing aspartame                                 |‘contains a source of phenylalanine’                                    |
|Foodstuffs containing more than 10% added polyols               |‘excessive consumption may produce laxative effects’                    |

                                            ê 2004/77/EC Art. 1 and Annex (adapted)

|Confectionery or beverages containing glycyrrhizinic acid or its    |The terms ‘contains liquorice’ shall be added immediately after the |
|ammonium salt due to the addition of the substance(s) as such or the|list of ingredients, unless the term ‘liquorice’ is already included|
|liquorice plant Glycyrrhiza glabra, at concentration of 100 mg/kg or|in the list of ingredients or in the name under which the product is|
|10 mg/l or above.                                                   |sold. In Ö the Õ absence of Ö a Õ list of ingredients, the          |
|                                                                    |particular shall Ö be placed Õ near the name under which the product|
|                                                                    |is sold.                                                            |
|Confectionary containing glycyrrhizinic acid or its ammonium salt   |The following message must be added after the list of ingredients:  |
|due to the addition of the substance(s) as such or the liquorice    |‘contains liquorice-people suffering from hypertension should avoid |
|plant Glycyrrhiza glabra at concentrations of 4 g/kg or above.      |excessive consumption’. In Ö the Õ absence of Ö a Õ list of         |
|                                                                    |ingredients, the particular shall Ö be placed Õ near the name under |
|                                                                    |which the product is sold.                                          |
|Beverages containing glycyrrhizinic acid or its ammonium salt due to|The following message must be added after the list of ingredients:  |
|the addition of the substance(s) as such or the liquorice plant     |‘contains liquorice- people suffering from hypertension should avoid|
|Glycyrrhiza glabra at concentrations of 50 mg/l or above, or of 300 |excessive consumption’. In Ö the Õ absence of Ö a Õ list of         |
|mg/l or above in the case of beverages containing more than 1,2 % by|ingredients, the particular shall Ö be placed Õ near the name under |
|volume of alcohol[6].                                               |which the product is sold.                                          |

                                                                       ____

                                            é

                                                                     ANNEX II

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                            (referred to in Article 2)

|Commission Directive 94/54/EC                                                       |(OJ L 300, 23.11.1994, p. 14)                  |
|Council Directive 96/21/EC                                                          |(OJ L 88, 5.4.1996, p. 5)                       |
|Commission Directive 2004/77/EC                                                     |(OJ L 162, 30.4.2004, p. 76)                    |

                                                                      Part B

                                             List of time-limits for transposition into national law
                                                            (referred to in Article 2)

|Directive                         |Time-limit for transposition        |                               |                                  |
|94/54/EC                          |30 June 1995(*)                     |                               |                                  |
|96/21/EC                          |30 June 1996(**)                    |                               |.                                 |
|2004/77/EC                        |20 May 2005(***)                    |                               |                                  |

(*)   In accordance with Article 2 of Directive 94/54/EC:

‘Member States shall, where necessary, amend their laws, regulations and administrative provisions by 30 June 1995 in such a way so as to:

     – permit trade in products complying with this Directive no 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.’

(**)  In accordance with Article 2 of Directive 96/21/EC:

‘Member States shall, where necessary, amend their laws, regulations and administrative provisions before 1 July 1996 so as to:

     – allow trade in products complying with this Directive by 1 July 1996 at the latest;

     – prohibit trade in products not complying with this Directive from 1 July 1997. However, products placed on the market or  labelled  before
       that date which do not comply with this Directive may be marketed until stocks are exhausted.’

(***) In accordance with Article 2 of Directive 2004/77/EC:

‘1. The Member States shall permit trade in products which comply with this Directive from 20 May 2005 at the latest.

2. The Member States shall prohibit trade in products which do not comply with this Directive from 20 May 2006.

However, products which do not comply with this Directive and which were labelled before 20 May 2006 shall be authorised while stocks last.’

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Directive 94/54/EC                                                   |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|Article 2                                                            |________                                                             |
|________                                                             |Article 2                                                            |
|Article 3                                                            |Article 3                                                            |
|________                                                             |Article 4                                                            |
|Annex                                                                |Annex I                                                              |
|________                                                             |Annex II                                                             |
|________                                                             |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]   OJ L Ö 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15) Õ .
[2]   OJ L 237, 10.9.1994, p. 3. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
[3]   OJ L 300, 23.11.1994, p. 14. Directive as last amended by Directive 2004/77/EC (OJ L 162, 30.4.2004, p. 76).
[4]   See Annex II, Part A.
[5]   OJ L 40, 11.2.1989, p. 27.
[6]   The level shall apply to the products as proposed ready  for  consumption  or  as  reconstituted  according  to  the  instructions  of  the
      manufacturers.