CELEX: 51988PC0489(02)
Language: en
Date: 1988-10-05
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON NUTRITION LABELLING RULES FOR FOODSTUFFS INTENDED FOR SALE TO THE ULTIMATE CONSUMER

No C 282/10                            Official Journal of the European Communities                                    5. 11. 88
             Proposal for a Council Directive (EEC) on nutrition labelling rules for foodstuffs intended for
                                                sale to the ultimate consumer
                                               COM(88) 489 final — SYN 155
                             (Submitted by the Commission to the Council on 7 October 1988)
                                                         (88/C 282/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas foodstuffs bearing nutrition labelling should
                                                                   conform to the rules laid down in this Directive;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100 (a)              Whereas all other forms of nutrition labelling should be
thereof,                                                           prohibited but foodstuffs bearing no nutrition labelling
                                                                   should be able to circulate freely;
Having regard to the proposal from the Commission,
                                                                   Whereas, to appeal to the average consumer and to serve
In cooperation with the European Parliament,                       the purpose for which it is introduced, and given the
                                                                   currently-estimated low level of knowledge on the
                                                                   subject of nutrition, the information provided should be
Having regard to the opinion of the Economic and                   simple and easily understood;
Social Committee,
Whereas it is important that measures should be adopted            Whereas the rules laid down in this Directive should also
with a view to the progressive establishment of the                take into account the Codex Alimentarius Guidelines on
internal market by 31 December 1992; whereas the                   Nutrition Labelling;
internal market will embrace an area without internal
frontiers in which freedom of movement is ensures for
goods, persons, services and capital;                              Whereas general labelling provisions and definitions are
                                                                   contained in Council Directive 79/112/EEC of 18
                                                                   December 1978 on the approximation of the laws of the
Whereas there is growing public interest in the                    Member States relating to the labelling, presentation and
relationship between diet and health and the choice of an          advertising of foodstuffs for sale to the ultimate
appropriate diet to suit individual needs;                         consumer (2), and therefore need not be repeated;
                                                                   whereas the present Directive can therefore be confined
                                                                   to those provisions pertaining to nutrition labelling,
Whereas .the Council and the representatives of           the
governments of the Member States meeting within           the
Council, in their resolution of 7 July 1986 (') on        the
 European Programme against cancer, retained              the      HAS ADOPTED THIS DIRECTIVE:
 improvement of nutrition as a priority;
                                                                                              Article 1
Whereas the knowledge of basic principles of nutrition
 and appropriate nutrition labelling of foodstuffs would            1.    This Directive concerns nutrition labelling of food-
 go a long way in enabling the consumer to make this               stuffs to be delivered as such to the ultimate consumer. It
choice;                                                            shall also apply to foodstuffs intended for supply to
                                                                   restaurants, hospitals, canteens and similar mass caterers.
Whereas the provision of. nutrition labelling should
stimulate more action in the area of nutrition education           2.     For the purposes of this Directive:
 for the public;
                                                                    (a) 'Nutrition labelling' shall mean any       information
Whereas, for the benefit of the consumer         on the one             appearing in labelling and relating to:
 hand, and to avoid any possible technical        barriers to
 trade on the other, nutrition labelling          should be              (i) energy;
 presented in a standardized format applying     Community              (ii) nutrients: protein, carbohydrate,    fat,    dietary
 wide;                                                                       fibre, vitamins and minerals.
 (') OJ No C 184, 23. 7. 1986, p. 19.                               (2) OJ No L 33, 8. 2. 1979, p. 1.
 ---pagebreak--- 5. 11. 88                              Official Journal of the European Communities                                 No C 282/11
(b) 'Nutrition claim'shall mean any representation which                                    Article 3
    states, suggests or implies that a food has particular
    properties as to the energy it provides and/or the            1.    When nutrition labelling is provided it shall consist
    nutrient it contains. However, quantitative or quali-         of the following, in this order:
    tative declaration of certain nutrients, if required by
                                                                  (a) the energy value;
    legislation, do not constitute a nutrition claim.
                                                                  (b) the amounts of protein, carbohydrate, sugars, fat,
                                                                      dietary fibre and sodium.
(c) 'Protein' shall mean the protein content calculated
    using the formula:                                            2.    Nutrition labelling may also include the amounts of
    Protein = Total Kjeldahl Nitrogen x 6,25.                     one or more of the following:
    However, a factor of 6,38 may be used if all the
    protein present is milk protein.                              — starch;
                                                                  — sugar alcohols;
(d) 'Carbohydrate' shall mean any carbohydrate which is           — saturates;
    metabolized in man and includes sugar alcohols.
                                                                  — monounsaturates;
(e) 'Sugars' means all monosaccharides and disaccharides          — polyunsaturates;
    present in food but excludes sugar alcohols.
                                                                  — any of the vitamins or minerals listed in the Annex
                                                                      and present in significant amounts as defined in that
                                                                      Annex.
(f) 'Fat' shall mean total lipids and shall include phos-
    pholipids.
                                                                  3.    The declaration of a nutrient listed in paragraph 2
                                                                  for which a nutrition claim is made shall be compulsory.
                                                                  In addition, when the amount of polyunsaturates and/or
(g) 'Saturates' shall mean fatty acids, i.e. fatty acids
                                                                  monounsaturates is given, the amount of saturates shall
    without double bond.
                                                                  also be given.
(h) 'Monounsaturates' shall mean fatty acids with one cis                                   Article 4
    double bond.
                                                                  The energy value to be declared shall be calculated using
                                                                  the following conversion factors:
(i)  'Polyunsaturates' shall mean fatty acids with cis,               Carbohydrates
    cis-methylene interrupted double bonds.                           (except sugar alcoh<DIS):        4   k c a l / g — 1 7 kj/g,
                                                                      Sugar alcohols:                 2,4 k c a l / g — 10 kj/g,
(j)  'Dietary fibre' shall mean the material measured by              Protein :                        4   k c a l / g — 1 7 kj/g,
    the method of analysis to be determined in
    accordance with the procedure laid down in Article                Fat:                             9   kcal/g — 3 7 kj/g,
    6.
                                                                      Alcohol (ethanol):              7    kcal/g — 2 9 kj/g,
                                                                      Organic Acid:                    3   k c a l / g — 1 3 kj/g.
(k) 'Average value' shall mean the value of a nutrient
    which best represents the amount of the nutrient                                        Article 5
    which a given food contains, and reflects allowances
    for seasonal variability, patterns of consumption and         1.    The declaration of the energy value and of the
    other factors which may cause the actual value to             nutrient content shall be numerical. The units to be used
    vary.                                                         are the following:
                                                                 — Energy: kj and kcal
                           Article 2                             —    Protein
                                                                 —    Carbohydrate
1.    Nutrition labelling shall be compulsory when a
                                                                 —    Fat                             g
nutrition claim is made in labelling or advertising.
                                                                 —    Dietary fibre
                                                                 —    Sodium
2.    Nutrition labelling shall be optional in all other         — vitamins and minerals:         the units specified in the
cases.                                                                                            Annex
 ---pagebreak--- No C 282/12                           Official Journal of the European Communities                                     5. 11. 88
2.    Information shall be expressed per 100 g or per 100        (b) calculation from knowledge of the actual or average
ml, or per package where the package contains only a                   values of the ingredients used;
single portion of less than 100 g. In addition, this infor-
                                                                 (c) calculations from generally acceptable data.
mation may be given per serving as quantified on the
label or per portion, provided that the number of                8.     The information covered by this Directive shall
portions contained in the package is stated.                     appear all together in one place in tabular form, if space
                                                                 permits, with the numbers aligned. Where space does not
3.    The amounts mentioned shall be those of the food           permit, the linear form shall be used.
as sold. Where appropriate, information on a prepared
basis may be given in addition, providing sufficiently
                                                                                                  Article 6
detailed specified preparation instructions are given and
the information relates to the foods as prepared for             Where the procedure laid down in this Article is to be
consumption.                                                     followed, the Representative of the Commission shall
                                                                 submit to the Standing Committee a draft of the
4.    Information on vitamins and minerals may in                measures to be taken. The Committee shall deliver its
addition be epxressed as a percentage of the recom-              opinion on the draft within a time limit which the
mended daily allowance (RDA) given in the Annex per              Chairman may lay down according to the urgency of the
amounts as specified above.                                      matter if necessary by taking a vote.
5.    Where starch and/or sugar alcohols is declared,            The opinion shall be recorded in the minutes; in
this declaration shall follow immediately the declaration        addition, each Member States shall have the right to ask
of the carbohydrate and sugars content in the following          to have its position recorded in the minutes.
format, as the case may be:
                                                                 The Commission shall take the utmost account of the
— Carbohydrate                               g,                  opinion delivered by the Committee. It shall inform the
    of which:                                                     Committee of the manner in which its opinion has been
                                                                  taken into account.
    — Sugars                                 g
    — Polyols                                g                                                    Article 7
    — Starch                                 g
                                                                  Member States shall take the necessary measures to
 6.    Where the amount and/or type of fatty acids is             comply with this Directive. They shall forthwith inform
 declared, this declaration shall follow immediately the          the Commission thereof. Those measures shall be applied
 declaration of the total fat in the following format, as         in such a way as to:
 the case may be:                                                 — permit trade in products                complying with   this
 — Fat                                      g,                         Directive, by . . . ( l );
     of which:                                                    — prohibit trade in products which do not comply with
     — Saturates                             g                         this Directive, with effect from . . . (2).
     — Monounsaturates                       g
                                                                                                  Article 8
     — Polyunsaturates                       g
                                                                  This Directive is addressed to the Member States.
 7.    The figures declared shall be derived average values
 based on, as the case may be:
                                                                   (') 18 months after the notification.
 (a) the manufacturer's analysis of the food;                      (2) 36 months after the notification.
 ---pagebreak--- 5. 11. 88                            Official Journal of the European Communities                                    No C 282/13
                                                            ANNEX
          Vitamins and minerals which may be declared and their recommended daily allowances (RDAs)
          Vitamin A, ug                               000          Vitamin B 12, ug                                3
          Vitamin D, jig                                 5         Biotin, mg                                    0,15
          Vitamin E, ug                                 10         Pantothenic acid, mg                            6
          Vitamin C, ug                                 60         Calcium, mg                                  800
          Thiamin, mg                                    1,4       Phosphorus, mg                               800
          Riboflavin, mg                                 1,6       Iron, mg                                      12
          Niacin, mg                                    18         Magnesium, mg                                300
          Vitamin B 6, mg                                2         Zinc, mg                                      15
          Folacin, ug                                 400          Iodine, ug                                   150
          As a rule, 5 % of the recommended intake specified in this Annex supplied by 100 g or 100 ml or per
          package if the package contains only a single portion of less than 100 g should be taken into consideration
          in deciding what constitutes a significant amount.