CELEX: 51987PC0501
Language: en
Date: 1987-10-28
Title: Proposal for a COUNCIL REGULATION on indications or marks identifying the lot to which a foodstuff belongs (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 501
Vol. 1987/0254
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 con (87) 501 final
                                                 Brussels , 28 October 1987
                                  Proposai for a
                                COUNCIL REGULATION
   on indications or marks identifying the lot to which a foodstuff belongs
                          ( presented by the Commission )
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  C0MC87 ) 501 final
 ---pagebreak---                                     - 2 -
EXPLANATORY MEMORANDUM
I.    INTRODUCTION
The purpose of this proposal for a Regulation is to establish a common
lot identification system applicable to foodstuffs .
It lays down Community rules of a general and horizontal nature for the
inclusion of these particulars in the labelling of food products marketed
in the Community .
II .  REASONS FOR THE PROPOSAL
Lot indication provides an efficient means of investigation when foods
that are contaminated or open to dispute are to be found on the market .
The information it gives on the origin and characteristics of the
products facilitates a subsequent search for the food and enables it to
be withdrawn rapidly from the market .    In urgent cases , especially when
there is a health risk , it enables the consumer himself to recognize the
foodstuffs in question .
The serious accidents recently caused in the Community by deliberately
contaminated foods ( for example , adulterated wines ), and the talks
organized by the European Parliament 's Committee on the Environment ,
Public Health and Consumer Protection , have clearly highlighted the need
to regulate this matter by common provisions .
During the work on 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 for sale to the
ultimate consumer , it had proved impossible to gather all the
information needed for the introduction of lot indication .      On that
occasion the Commission had expressed its intention of examining the
                                                  2
matter with a view to subsequent harmonization .
1 0J No L 33, 8.3.79, p. 1 .
^Doc . C0M(76)107 final of 26 March 1976 ( explanatory memorandum).
 ---pagebreak---                                        3
Since then the reference to the manufacturing Lot has been incorporated
in the regulations of some Member States .
In addition , the new revised standard of the Codex Alimentarius ( FAO / WHO )
concerning the Labelling of prepackaged foodstuffs has incorporated the
obligation to give that information .
Consequently , a flexible Community system will avoid any barriers to
intra-Community trade that might arise where this standard not uniformly
applied and will at the same time contribute to the harmonious
development of international trade .
The additional cost that companies may incur through these measures will
be largely offset by the advantages obtained , in the event of accidents ,
for example , the system will enable the quantities withdrawn from the
market to be kept to a minimum by confining them to the contaminated
products alone .
In the light of the foregoing , the proposed Regulation would not only
help to protect consumers but would also serve the interests of traders .
The Advisory Committee on Foodstuffs , consisting of representatives of
industry , consumers , agriculture , workers and the distributive trades ,
has been consulted on the content of this proposal and was favourably
disposed to the text as a whole .     With regard to the specific problems
raised in this forum , the regulation takes into consideration the
comments made .
III . CONTENT OF THE PROPOSAL
                                   Article 1
This general definition of the term " lot " is based on that in the Codex
Alimentarius ( FAO / WHO ). The criterion for the size of the lot is that
the foodstuff is produced , manuf acturerd or packaged " essentially under
the same conditions ".
It allows for the fact that a lot is identified by different parameters
depending on the product and the marketing stage concerned .
 ---pagebreak---                                      - 4 -
                                  Artide 2
This Article defines the scope of the Regulation .
The first paragraph lays down the principle of a mandatory indication ( or
mark ) for all foodstuffs marketed in the Community .    Here the circles
involved agree that to be fully effective the lot must be indicated at
the different phases of the marketing circuit .
However , because of certain practical difficulties , paragraph 2 excludes
poducts leaving the area of the farm ( the lot will be identified at the
cooperative , for example ) and foods sold in bulk to the final consumer .
                                  Article 3
Since only traders are in a position to define a lot of products
precisely , the indication or mark is affixed under their responsibility .
This responsibility is extended to the importer for foodstuffs from a
non-member country ( pareagraph 1 ).    The circles involved agree that the
lot reference should be prefixed by the letter "L" except where there is
no possible risk of confusion ( paragraph 2 ).
                                  Article 4
In all cases this indication must be displayed so as to satisfy the
information requirements for which it is intended .
Rules for marking the lot are laid down by provisions similar to those in
the general Directive on labelling .
                                  Article 5
When the lot size is determined by the date of minimum durability or "use
by " date this date may serve as lot identification , provided that it
consists at least of the day and the month .
For reasons of efficiency and legal security , the Commission considers
that the form of a Regulation should be used in the light of the
possibilities offered by the new legal basis of Article 100A .
 ---pagebreak---                                   - 5 -
This Regulation comes under the internal market . Consequently, the
cooperation procedure with the European Parliament and the consultation
of the Economic and Social Committee are required pursuant to
Article 100A .
 ---pagebreak---                                      Proposai for a
                                   COUNCIL REGULATION
      on indications or marks identifying the lot 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 ,
In cooperation with the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas it is necessary to adopt measures for the progressive
establishment of the internal market over the period up to
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 trade in foodstuffs occupies a very important place in the
 internal market ;
 Whereas indication of the lot to which a foodstuff belongs meets the need
  for better information on the identity of products ; whereas it is
  therefore a useful source of information when foodstuffs are the subject
  of dispute or constitute a health hazard for consumers ;
• Whereas Council Directive 79/112/EEC of 18 December 1978 on the approximation
 the laws of the Member State relating to the labelling, presentation and ad¬
 vertising of foodstuffs for sale to the ultimate consumer] as last amended by
 Directive 86/197/EEC , contains no indications on lot identification; whereas
 some Member States have meanwhile adopted measures requiring such indication.
20J No L 33, 8.2.1979, p. 1 .
   OJ No L 144, 29.5.1986, p. 38 .
 ---pagebreak---                                        - 7 -
Whereas at international level there is now a general obligation to give
the reference to the manufacturing or packaging lot of prepackaged
foodstuffs ; whereas it is the Community 's duty to contribute to the
development of international trade ;
Whereas it is therefore advisable to adopt rules of a general and
horizontal nature in order to establish a common lot identification
system ;
Whereas the efficiency of this system depends on its application at the
various marketing stages ; whereas it is nevertheless desirable to
exclude both certain operations taking place at the start of the
marketing circuit for agricultural products , and foodstuffs sold in bulk
to the final consumer ;
Whereas , in view of the variety of identification methods used , it is up
to the trader to determine the lot and to affix the corresponding
indication or mark ;
Whereas , in order to satisfy the information requirements for which it is
intended , this indication must be clearly distinguishable and
recognizable as such ;
Whereas the date of minimum durability or "use by " date , in conformity
with Directive 79 / 112 / EEC , may serve as the lot identification provided
it is indicated precisely ,
HAS ADOPTED THIS REGULATION :
                                     Article 1
1.   This Regulation relates to indications or marks which allow
identification of the lot to which a foodstuff belongs .
2.   For the purposes of this Regulation " lot " means a batch
of units of a foodstuff produced , manufactured or packaged essentially
under the same conditions .
 ---pagebreak---                                     - 8 -
                                  Artide 2
1.   A foodstuff may not be marketed unless it is accompanied by an
indication or mark as referred to in Article 1(1 ).
2.   However , paragraph 1 shall not apply :
(a)  to agricultural products sold or delivered by the producer to
     temporary storage, preparation or packaging stations or transported
     from the holding to producers' organizations ;
( b) when , at the point of sale to the final consumer, the foodstuffs are
     not prepackaged , are packaged at the request of the purchaser or are
     prepackaged for immediate sale .
                                  Article 3
The indications or marks referred to in Article 1(1 ) shall be determined
and affixed under the responsibility of the producer, manufacturer or
packager of the foodstuff in question, or the first seller established
within the Community .   They shall be preceded by the letter " L" except
in cases where they are clearly distinguishable from the other
indications or marks on the label .
                                  Article 4
     When the foodstuffs are prepackaged , the indications or marks
referred to in Article 1(1 ) and , where appropriate, the letter "L" shall
appear on the prepackaging or on a label attached thereto .
      They shall in all cases appear in a conspicuous place so as to be
easily visible , clearly legible and indelible .
                                  Article 5
When the date of minimum durability or "use by" date appears on the
label , the indications or marks referred to in Article 1(1 ) need not
appear on the foodstuff , provided that the date consists at least of the
indication in clear of the day and the month in that order .
 ---pagebreak---                                    - 9 -
                                Artide 6
  Trade in products complying with this Regulation shall be authorized
  from  1 November 1987 .
  Trade in products not complying with this Regulation shall be
  prohibited from 1 November 1988 .
                                Article 7
This Regulation shall enter into force on 1 November 1987 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at                                    For the Counci l
                                           The President
 ---pagebreak---                                        - 10 -
                  COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
Proposal for Council Regulation on the indications or marks for
identification of the lot to which a foodstuff belongs
I.    What is the main reason for introducing the measure ?
      See Annex .
II .  Features of the businesses in question .      In particular :
      ( a ) Are there many SMEs ?
            Yes .
      ( b ) Have any mergers been noted in regions which are :
            (i)    eligible for regional aid in the Member States ?
                   No impact .
            ( ii ) eligible under the ERDF ?
                   No impact .
III . What direct obligations does this measure impose on businesses ?
      See Annex .
IV .  What indirect obligations are local authorities likely to impose on
      businesses ?
      None .
V.    Are there any special measures in respect of SMEs ?      Please specify .
      See Annex .
 ---pagebreak---                                      - 11
VI .  What is the Likely effect on :
      ( a ) the competitiveness of businesses ?
            No impact .
      ( b ) employment ?
            No impact .
VII . Have both sides of industry been consulted? Please indicate their
      opinions .
      See Annex .
 ---pagebreak---                                       - 12 -
                                                                         ANNEX
I.    What is the main reason for introducing the measure ?
      Indication of the Lot provides precise information on the foodstuffs
      and facilitates identification and withdrawal from the market of
      products that are in dispute or defective .      It is already widely
      used in the Member States and must therefore be prevented from
      becoming a source of new barriers to trade .      The world Codex
      Alimentarius standard ( FAO / WHO ) on the labelling of foodstuffs also
      contains this obligation .     The Community is required to apply this
      standard as widely as possible .
III . What direct obligations does this measure impose on businesses ?
      Businesses are obliged to determine the size of the lot and to put
      the appropriate indication or mark on the label .      This proposal is
      of a minor nature in view of its very small impact on businesses ,
      which for the most part already apply a system of this kind .
      What is more, they have the option of affixing whatever indication
      they choose , i.e. the least restrictive and the least costly .     In
      addition , when the date of minimum durability or "use by " date
      consists of the day and the month ( which is the case of most
      foodstuffs ) there is no need to give the lot identification .
      Consequently , the additional costs will be extremely low or even
      non-existent and cannot be evaluated .
      In view of the flexibility of the planned measures , there is no less
      constraining alternative approach .
 ---pagebreak---                                        13
V.    Are there any special measures in respect of SMEs ?
      No .  Howevre , they will benefit from the advantages offered by the
      Community system .   For example , in the event of an accident ,
      withdrawal from the market can now be limited to the contaminated
      products alone and the risk of traders and consumers refusing to buy
      any of the company 's products will be minimized .
VII . Have the representative organizations been consulted ?
      Yes .  The Advisory Committee on Foodstuffs , consisting of
      representatives of consumers and workers and of agriculture , trade
      and industry , including SMEs , has given a favourable opinion . The
      economic and social circles concerned have acknowledged the
      desirability of this measure .