CELEX: 51991PC0536
Language: en
Date: 1992-04-07
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                C0M(9>1 ) 536 final - SYN 380
                                                Brussels, 7    ApriI 1992
111
                                    Proposal for a
                                   CLINCH   DIRECTIVE
                          amending   DirectIve 79/112/EEC    on the
           approximation of the laws of the Member States relating to the labelling
           presentation and advertising of foodstuffs
                             (presented by the Commission)
i'hh *
 ---pagebreak---                                 - 2
                              EXPLANATORY MEMORANDUM
1.    INTRODUCTION
The aim of this proposal for a directive is three-fold:
      to fiI I a gap with regard to the labelling of foodstuffs consisting of
      a single ingredient;
      to reconsider the labelling of alcoholic beverages; and
      to make it compulsory to indicate the content of certain ingredients
      or constituents,
      to supplement the provisions concerning the name under which the
      product is sold.
With this in mind, it sets out the amendments which need to be made to
Articles 3,     5,   6    and    7   of   Council    Directive 79/112/EEC1    of
18 December 1978 on the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of foodstuffs, as
 last amended by Directive 91/72/EEC.2
These amendments were set out in the Commission communication of 1989 on
the free movement of foodstuffs within the Community,3 paragraph 18 of
which states that:
"The Commission is therefore shortly to put forward a proposal aimed at
making It mandatory to indicate the quantity of ingredients that are
essential to the characteristics of a foodstuff, specifying the cases in
which foodstuffs composed of a single ingredient do not need to bear a list
of ingredients and making it mandatory to indicate the ingredients in
beverages with an alcoholic strength of more than 1.2% by volume, etc.".
2.    Name under which the product is sold
      Article 5 of Directive 79/112/CEE now states that In the absence of
      Community or national regulations determining the name under which a
      product is sold, the manufacturer could use the name customary in the
      Member State where the product Is sold to the ultimate consumer or to
      mass caterers.
      This territorial limit to the concept of customary names does           in
      practice create some obstacles to the free movement of goods.
      In the framework of the completion of the         Internal Market, it is
      appropriate to allow also the use of the name     customary in the Member
      State where a product is manufactured in the       case of products which
      will be sold in another Member State provided      this does not have the
      effect           of           misleading           the          purchaser.
1   OJ L 33, 8.2.1979.
2   OJ L 42, 15.2.1991.
3   OJ C 271, 24.10.1989.
 ---pagebreak---                               - 3 -
3. Foodstuffs consisting of a single ingredient
   Article 6(2)(c) of Directive 79/112/EEC states that      Ingredients need
   not be listed in the case of:
   -   "(c) products consisting of a single    ingredient".
   Since the Directive was introduced, practice has shown that this
   provision does not always make it possible to ensure that the consumer
    is provided with correct        information as to the nature of the
   constituent     ingredient. This     is the   case   in particular    with
   foodstuffs marketed under the generic name of "pasta", which is used
   to designate products obtained from both common wheat and durum wheat.
   These products were the subject of the judgment of 14 July 1988 in
   Case 90/86, and it should be stressed that in this Case the Court
   upheld the listing of Ingredients in accordance with the provisions of
   the Council Directive on the labelling and presentation of foodstuffs
   (ground 1 7 ) .
    It is therefore necessary to restrict the scope of the derogation
   provided    for   in Article 6(2)(c) exclusively      to cases   in which
    indicating the single ingredient would appear to be superfluous
   because the ingredient already appears in the name under which the
   product is sold or where this name enables the consumer to make his
   choice according to the nature of the ingredient.
4. Labelling of alcoholic beverages
   The original    version of Article 6(3) of    Directive 79/112/EEC  stated
   that:
   "In the case of beverages containing more than 1.2% by volume of
   alcohol, the Council, acting on a proposal from the Commission, shall,
   before the expiry of a period of four years following notification of
   this Directive, determine the rules for labelling and, possibly,
    indicating the alcoholic strength."
   In accordance with this provision, the Commission, in October 1982,
   proposed an amendment to this Directive to make it compulsory to state
   In the labelling of alcoholic beverages:
   -   the alcoholic strength
   -   the list of ingredients.
   However, this proposal was only partly adopted in Directive 86/197/EEC
   on alcoholic strength. 1 As the second part on the compulsory listing
   of ingredients is still before the Council, it should be reactivated
   and appropriate consequences drawn in the light of the Judgment of
   12 March 1987 (Beer Purity Law) in Case 178/84. If the listing of
   ingredients were made compulsory, there would be no need to mention
   any particular ingredient alongside the name under which the product
   is sold which could discredit the product.
   OJ L 144, 29.5.1986.
 ---pagebreak---                               - 4 -
  Quantitative statement of ingredients or constituents
  The purpose of stating the content of certain ingredients is to
  provide essential       information with regard to the composition of
  foodstuffs. It enables the consumer to make a better choice from
  among the large number and variety of products on the market, in
  particular those which are similar in appearance but differ more or
   less substant ially.
  This additional information therefore helps to achieve the mutual
  recognition of national regulations and standards on the names and
  composition of foodstuffs and provides producers with extra protection
  against unfair competition.
  The    compulsory     indication   of   the   content    of  ingredients    or
  constituents should therefore be introduced            in Article 3 of the
   labelling Directive and Article 7 should be amended to specify the
  cases    in which this indication        Is required and the procedures
  applicable.
  The Commission takes the view that the measures proposed            should  be
  adopted as they derive from the principles evolved
  -   on the one hand, by the Court of Justice, which has had to state
      its opinion on this subject on several occasions. The judgments
      concerned     in particular    are   those of     12 March 1987    (Purity
      requirements for beer) in Case 178/84 and 14 July 1988 (Pasta) in
      Case 90/86, In which it upheld that the "compulsory affixing of
      suitable labels giving the nature of the product sold" was the most
      suitable means of providing the consumer with information about the
      composition of the products as it appeared to constitute the least
      obstacle to the Importation of products lawfully manufactured and
      marketed in other Member States.
  -   on the other hand, in the two Commission communications entitled
      "Completion of the internal market: Community             legislation on
      foodstuffs" 1    and   "Free   movement    of   foodstuffs   within    the
      Commun 11 y". 2
1 COM(85)603 final.
2 OJ C 271, 24.10.1989
 ---pagebreak---                                 - 5 -
Proposal   for  a Council   directive   amending  Directive   79/112/EEC  on  the
 approximation of the laws of the Member States relating to the labelling,
 presentation and advertising of foodstuffs
 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 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   last  amended  by  Directive
91/72/EEC2 and in particular Article 6(2)(c) and (3) and Article 7.
Having regard to the proposal from the Commission,3
 In cooperation with the European Parliament,4
Having regard to the opinion of the Economic and Social Committee,5
Whereas the measures aimed at the gradual        establishment of the    internal
market must be adopted by 31 December 1992;        whereas the   internal market
consists   of  an  area  without   internal  frontiers   within  which  the  free
movement of goods, persons, services and capital is guaranteed;
Whereas, in the context of the single Market, the use of the name customary
 in the Member State    In which the product    is manufactured should also be
allowed In the case of products which will be sold in another Member State;
Whereas with the two aims of providing the consumer with better information
and ensuring fair trade the labelling rules as regards the exact nature and
characteristics of products need to be further improved;
1   OJ L 33, 08.2.1979, p. 1.
2   OJ L 42, 15.2.1991.
3
4
5
 ---pagebreak---                                 - 6 -
Whereas the Court of Justice has delivered several        judgements in which it
recommends detailed     labelling,  in particular   the compulsory   affixing of
suitable    labels giving   the nature of    the  product   sold; 4 whereas  this
course of action enables the consumer to make his choice in full knowledge
of  the   facts  and  is the most    appropriate   since   it creates  the  least
obstacles to free trade;
Whereas it is for the Community legislator to adopt measures deriving from
this case-1aw ;
HAS ADOPTED THIS DIRECTIVE:
                                    Article 1
Directive 79/1 if/EEC shall be amended as fellows:
1.  The following shall be added to Article 3(1):
"2a. the <tuantity of certain Ingredients or categories of ingredients;"
2.  Article 5(1) shall be replaced by the following:
    1.  The name under which a product is sold is
         (a) the name provided for in the laws, regulations or
              administrative provisions applicable to it;
         (b) failing that, one and/or another of the following names:
              - the name customary   in the Member State where the product is
                either manufactured or sold     to the final   consumer or mass
                caterers.
4    Judgement of 9 December 1981 in Case 193/80 [1981] 3019
     Judgement of 12 March 1987 In Case 178/84 [1987] 1262
     Judgement of 14 July 1988 In Case 90/86 [1988]
 ---pagebreak---  ---pagebreak---                                - 7-
             - a description of the foodstuff and, if necessary, of its use
               which  is clear enough   to  let the purchaser  know  its exact
               nature and to distinguish   It from other products with which
               it could be confused.
         The name chosen   in accordance with this point must not misleadthe
         purchaser.
3.  Article 6 2c) shall be replaced by the following:
    H
      (c) products consisting of a single ingredient
         where the name under which the product    is sold and the ingredient
         are the same or
         where the name under which the product    is sold enables the nature
         of the ingredient to be clearly identified."
4.  Article 6(3) shall be replaced by the following:
    "3. The rules for labelling the ingredients of drinks containing more
         than 1.2% alcohol by volume shall be determined
         (a) in the case of :
             - wines 5 including sparkling wines, 6 liqueur wines and
               semi-sparkIing wines offered for sale to the consumer;
             - partially fermented grape must;6
             - spirituous beverages;7
             - aromatized wines 8
         by the specific Community provisions applicable to them."
5  Council Regulation No 2392/89, OJ L 149, 14.6.91, p. 1.
6  Council Regulation No 3309/85, OJ L 320, 29.11.85, p. 9.
7  Council    Regulation    No   1576/89,   OJ   L   160,   12.6.89,    p.  1.
8  Council    Regulation    No   1601/91,   OJ   L   149,   14.6.91,   p.   1.
 ---pagebreak---                               - 8 -
       (b) In the case of other products, in accordance with the procedure
            provided for in Article 17.
            For all these products, the list of ingredients shall be
            preceded by the following: "prepared with".
5. Article 7 shall be replaced by the following:
                                  "Article 7
1. The quantity of an ingredient or category of     ingredients used   in the
   manufacture or preparation of a foodstuff shall be stated In accordance
   with this Article.
2. This indication shall be compulsory where the ingredient or category of
   ingredients concerned:
   (a) appears in the name under which the foodstuff is sold or is derived
        implicitly therefrom;
   (b) Is emphasized on the labelling;
   (c) is essential to characterize a foodstuff and to distinguish it from
       products with which it might be confused.
3. Points (a) and (b) of paragraph 2 shall not apply
   (a) to an Ingredient:
       - which itself alone constitutes a foodstuff and Is sold as such;
       - the drained net weight of which is Indicated     in accordance with
          Article 8(4);
       - which is used in small quantities only as a flavouring.
   (b) in   the  cases  referred  to  In the fourth  and   fifth  indents of
       Article 6(5)(a);
   (c) \n all other cases determined in accordance with the procedure laid
       down in Article 17.
 ---pagebreak---                                   -s-
4. The rules governing the application of point 2(c) shall be adopted               in
   accordance with the procedure laid down in Article 17.
5. The quantity      indicated   is that used    in the manufacture of the product
   expressed as a percentage of a given quantity of the finished product
   in   the   units    of  measurement    laid   down  in   the first   paragraph   of
   Article 8 ( 1 ) .
6. In accordance with       the procedure     laid down   In Article   17, it may   be
   decided, for certain foodstuffs, to make it compulsory             to indicate the
   quantities of certain constituents contained therein.
7. Community provisions or, where there are none, national provisions may
   stipulate for certain foodstuffs that quantities of certain             ingredients
   must be    indicated    in absolute terms or as percentages and that, where
   appropriate, mention should be made of any alteration            in the quantities
   of these ingredients.
   The procedure      laid down in Article 16 shall apply to any such national
   provisions.
   The Community provisions referred to in this paragraph shall be adopted
    in accordance with the procedure laid down in Article 17.
8. This    Article    shall   apply  without    prejudice    to Community    rules  on
   nutrition labelling for foodstuffs."
                                      Article 2
1. The    Member States      shall,    where    appropriate,    amend    their   laws,
   regulations and administrative provisions in order to:
        allow trade in products conforming to this Directive no later than
        30 June 1993;
 ---pagebreak---                               - 10 -
        prohibit  trade  in products  not  conforming  to this Directive no
        later than 30 June 1994. However, trade in products not conforming
        to this Directive and labelled before that date is permitted until
        stocks are fully depleted.
    They shall forthwith inform the Commission thereof.
    When the Member States adopt these provisions, the latter shall contain
    a reference to this Directive or shall be accompanied by such reference
    on the occasion of their official publication.    The methods of making
    such a reference shaI I be laid down by the Member States.
                                  Article 3
This Directive Is addressed to the Member States
Done at Brussels,
 ---pagebreak---                                 *~/<f-
                                Impact statement
      Impact of the proposal on businesses and on small and medium-sized
                           enterprises in particular
Title of the proposal:
Draft proposal for a Council directive amending Directive 79/112/EEC on the
approximation of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs
Reference of document:
 Il1/9081 Rev. 3
The proposa I :
1.    Bearing in mind the principle of subsidiarity, why is Community
       legislation In this field necessary, and what are its main aims?
The labelling of foodstuffs is already the subject of Community
harmonization (Directive 79/112/EEC). The draft proposal is designed to
further improve consumer information and promote the free movement of
goods. This Is to be achieved mainly by Introducing the principle of
indicating the quantities of certain ingredients. In addition, the
proposal alms to make it mandatory to give a list of ingredients of
alcoholic beverages and to specify the cases In which products composed of
a single ingredient do not need to display a list of Ingredients.
Impact on businesses:
2.    Who will be affected by the proposal?
- which sectors of business?
- what size of businesses (proportion of SMEs)?
- are these businesses located in specific areas of the Community?
The rules governing the labelling of foodstuffs apply to all
agri-foodstuffs businesses, whether multinationals or SMEs. The businesses
are spread throughout the Community. However, one part of the draft
concerns producers of alcoholic beverages more particularly.
3.    What measures will businesses have to take to comply with the
      proposal?
Businesses will have to modify the labelling of their products to include
the additional information required by the new directive.
 ---pagebreak---                              -il
4.   What are the likely economic effects of the proposal:
- on employment?
- on investment and the creation of new businesses?
- on the competitiveness of businesses?
One of the principles underlying the adoption of Community legislation on
labelling Is that of fair trading. The adoption of these new rules should
further boost trade within the Community, which Is likely to have a
favourable impact on the competitiveness of businesses.
5.   Does the proposal include measures to take account of the specific
     situation of small and medium-sized enterprises (less stringent or
     different requirements, etc.)?
No, since accurate consumer information is necessary for products
manufactured by both large businesses and SMEs.
Consultation
6.   List of organisations which have been consulted on the proposal and
     have broadly defined their position
The Advisory Committee on Foodstuffs, which includes representatives from
trade, industry, agriculture, consumers' organizations and trade unions,
was consulted on the draft. Its position was favourable by and large,
although representatives of the wine industry and agriculture expressed
reservations concerning the inclusion of a list of ingredients for wine and
other alcoholic beverages.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91)536 final
                                                     DOCUMENTS
EN                                                                              10
                                Catalogue number : CB-CO-91-589-EN-C
                                                             ISBN 92-77-78845-3
Office for Official Publications of the European Communities
L-2985 Luxembourg