CELEX: 51994PC0024
Language: en
Date: 1994-04-12
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling and presentation of foodstuffs

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                           COM(94) 24 final-COD 380
fil • -if I »                                              Brussels. 12.04.1994
                                        Amended proposal for a
                               EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                                                amend i ng
                           Directive 79/112/EEC on the approximation of the
              ™fi                laws of the Member States relating to
                             the labelling and presentation of foodstuffs
                      (presented by the Commission pursuant to Article 189 A (2)
                                           of the EC-Treaty)
 ---pagebreak---                               Explanatory memorandum
In   response    to   Parliament's    opinion    of    27 October       1993 1    on    the
Commission     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 2
and in accordance with Article 189a(2) of the EC Treaty, the Commission
has decided to amend its proposal.
The Commission has approved the amendments relating to:
*    The reference to the EEC Regulations on designations of origin and
     certificates     of  specific   character.     This will       help   clarify      the
     text.    (Amendment 3)
*    The extension of the definition of small packaging which appears in
     Article 11(4) of Directive 79/112/EEC.             This     is justified       by  the
      increasing   amount of    information which must         appear on       labelling.
     (Amendment    14)
*    The drafting of       a report   to Parliament       on   the exemptions         which
     might   be adopted     for certain   foodstuffs within          the framework of
     vertical    directives.    Parliament   is entitled        to such    information.
      (Amendment   18)
 The Commission     has given partial approval        to the amendments           relating
 to:
 *    The criteria for applying the principle of indicating quantities of
      ingredients.     This will clarify the concept of emphasis.                  The two
     other proposed amendments would only make the text more confusing.
     As   for   the   5%   threshold,   this   would     result      in  a  surfeit       of
      information, which would confuse consumers.             (Amendment    13)
1
2    OJ C 122, 14 May 1992, P. 12
 ---pagebreak--- *   The deadline for banning products not conforming to the Directive.
    The period of 24 months proposed by Parliament corresponds to the
    deadline which the Commission meant to indicate by the 30 June 1994
    deadline.    However, there is no need to grant an additional period
    for wines and other       alcoholic beverages, given       that   there   is a
    clause on the disposal of stocks.         (Amendment 19)
The Commission has rejected the amendments relating to:
*   The    addition   of   a  definition    of    foodstuffs,    though   It   does
    recognize     the   value   of   such   a   definition    (Amendment ) . The
    Commission     intends to open a discussion of         this subject     In the
    Green Paper on foodstuffs legislation, which should be coming out
     in the first half of 1994.        From a formal point of view, there is
     no point    In incorporating this      Idea    into the text of Directive
    79/112/EEC.     Hence the rejection of Amendment 26.
 *   The   substitution    of   the   words    "the   principal"   for   the   word
     "certain"    In Article 1(1) of      the proposal.     This expression      is
     ambiguous, encompassing both quality and quantity. (Amendment 2)
 *   The obligation to have the name under which the food is sold appear
     in   Immediate    proximity    to  the   trade    or  fancy   name.   Such   a
     provision smacks of dirigisme.       Besides, Article 11(2) of Directive
     79/112/EEC already requires that compulsory particulars be clearly
     visible.    (Amendment 22)
 *   The Imposition of a specific particular where a foodstuff or one of
      Its Ingredients has been produced by genetic modification.               This
      issue is already being covered in the discussions on the Novel Food
     proposal.    (Amendments 5, 9, 11 and 12)
 *   The removal of the second indent of Article 1(3). This restriction
     produces no significant increase in the amount of information given
     to the consumer.     (Amendment 6)
 ---pagebreak--- The change in terminology concerning the provision on carry over.
This would make the text more ambiguous and difficult to implement.
(Amendment 8)
The obligatory    indication of the origin of the starches listed in
Annex I to the Directive.        Changes to this Annex fall within the
Commission's field of competence.         (Amendment 10)
The imposition of the official        language of the Member State where
the product Is sold.     With its current wording, this amendment goes
beyond   what    is  provided     for   by   the   Treaty.    (Amendment 15).
However,   In response to the concerns expressed by Parliament and
the   Member   States,   the   Commission    considers   that    it  would   be
expedient to add a provision to Article 14 stipulating that Member
States may define the concept of easily understood             language(s) in
accordance with the rules of the Treaty.
The change to Annex III to Directive 79/112/EEC            in respect of the
 indication of    flavourings    In the    list of   ingredients.     First of
all,   the   Council   Is not    competent     to modify    this   Annex,   and
secondly,    consumers    delivered    a   favourable   opinion     when   this
provision was adopted.       (Amendment 16)
 ---pagebreak--- Amended   proposa I for  a  European   Par 11ament  and  CouncII  DIrectIve
amending Directive 79/112/EEC on the approximation of the laws of the
Member States relating to the labelling and presentation of foodstuffs
ORIGINAL TEXT                             AMENDED TEXT
                                 CITATIONS
THE COUNCIL OF THE EUROPEAN           THE EUROPEAN PARLIAMENT AND THE
COMMUNITIES,                          COUNCIL OF THE EUROPEAN UNION,
Having regard to the proposal from    Having regard to the proposal from
                1
the Commission    In cooperation      the Commission,3
with the European Parliament,4
HAS ADOPTED ADOPTED THIS DIRECTIVE: HAVE ADOPTED THIS DIRECTIVE:
 II.                            Article 1(2)
           Article 5(1)(b), first indent (Directive 79/112/EEC)
   the name customary In the Member      the name customary In the Member
   State where the product is either     State where the product is either
   manufactured or sold to the final     manufactured or sold to the final
   consumer or mass caterers;            consumer or mass caterers,
                                         without prejudice to the
                                         provisions of the Regulations
                                         (EEC) on the protection of
                                         geographical Indications and
                                         Resignations of origin for
                                         agricultural products and
                                         foodstuffs (2081/92)1 and on
                                         certificates of specific
                                         character for agricultural
                                         products and foodstuffs
                                          (2082/92)2 adoDted bv the
                                         CounclI on 13 July 1992:
 1   OJ L 208, 24.7.1992, P. 1.
 2   OJ L 208, 24.7.1992, p. 1.
 ---pagebreak--- Ml.                            Article 1(5)
                  Article 7(2)(b) (Directive 79/112/EEC)
(b) j_s emphasized on the labelling; (b) ls_ emphasized on the labelling
                                          in words or pictures ;
IV.                            Article 1(5a)
                                      5a. Article 11(4), as last amended
                                          by Directive 91/72/EEC, is
                                          hereby replaced by the
                                          fol lowing:
                                          "4. In the case of glass
                                          bottles intended for re-use
                                          which are indelibly marked and
                                          which therefore bear no label,
                                          ring or collar and packaging or
                                          containers the largest surface
                                          of which has an area of less
                                          than 25cm 2 only the particulars
                                          listed in Article 3(1)(1), (3),
                                          (4) and (6) need be given.
                                           In this case, paragraph 3(a)
                                          shalI not apply."
 ---pagebreak--- Article 1(5b)
       - 5b The following Article 13(a) is
              added:
          Member States shall ensure that
          the sale of foodstuffs within
          their own territories is
          prohibited  if the particulars
          provided in Article 3 and
          Article 4(2) do not appear  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
          particulars from being indicated
           in various languages.
          The language(s) in which these
          particulars are labelled may be
          determined through Member States'
           legislation in accordance with
          the Treaty, on condition that
          this requirement does not exclude
          the use of other  languages or
          recourse to other measures to
           inform the purchaser.
        - Paragraph 2 of Article 14 is
          deleted.
 ---pagebreak---                               Art icle 2 (new)
                                       Within three years of the entry
                                       into force of this Directive, the
                                       Commission shall report to the
                                       European Parliament on any
                                       anomalies and exemptions from this
                                       Directive contained  in the
                                       labelling provisions in vertical
                                       directives and make appropriate
                                       recommendat ions.
VI                       Art icle 3 (ex Art icle 2)
- allow trade in products                allow trade in products
   conforming to this Directive no       conforming to this Directive no
   later than 30 June 1993;               later than 30 June 1995;
   prohibit trade in products not      - prohibit trade in products not
   conforming to this Directive no       conforming to this Directive no
   later than 30 June 1994.               later than 30 June 1996.
   However, trade in products not        However, trade in products not
   conforming to this Directive and      conforming to this Directive and
   labelled before that date is           labelled before that date is
   permitted until stocks are fully      permitted until stocks are fully
   depleted.                             depleted.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(94) 24 final
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