1999/631/EC: Commission Decision of 10 September 1999 concerning a draft law of the Italian Republic on additional provisions for the labelling of beverages in ring-pull cans (notified under document number C(1999) 2897) (Text with EEA relevance) (Only the Italian text is authentic)

COMMISSION DECISION
of 10 September 1999
concerning a draft law of the Italian Republic on additional provisions for the labelling of beverages in ring-pull cans
(notified under document number C(1999) 2897)
(Only the Italian text is authentic)
(Text with EEA relevance)
(1999/631/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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), as last amended by Directive 97/4/EC of the European Parliament and of the Council(2), and in particular Articles 16 and 17 thereof,
(1) Whereas, in accordance with the procedure laid down in Article 16(2) of Directive 79/112/EEC, the Italian authorities have notified the Commission of a draft law on additional provisions for the labelling of beverages in ring-pull cans;
(2) Whereas the said draft law requires the labelling of such beverages to carry an indication of the type "clean top of can before opening and avoid drinking directly from can";
(3) Whereas, in accordance with Article 16(2) of Directive 79/112/EEC, the Commission has consulted the other Member States within the Standing Committee on Foodstuffs;
(4) Whereas the hygiene measures advocated by the Italian authorities for using this type of packaging are not in question;
(5) Whereas, however, foodstuffs labelling is often not the most appropriate way of educating consumers in food hygiene;
(6) Whereas a more appropriate measure, constituting less of an obstacle to the free movement of the beverages in question, would be information campaigns to raise the awareness of consumers; particularly young consumers, regarding hygiene precautions to be taken when using this type of can;
(7) Whereas the requirements of the notified draft law therefore appear excessive in relation to the objective in hand;
(8) Whereas this finding has prompted the Commission to deliver a negative opinion, in accordance with the second subparagraph of Article 16(2) of Directive 79/112/EEC;
(9) Whereas for the Italian authorities to impose such an obligation unilaterally would create new barriers to the free movement of foodstuffs;
(10) Whereas the Italian authorities should therefore be asked not to adopt this draft law;
(11) Whereas the measures laid down in this Decision are in accordance with the opinion of the Standing Committee on Foodstuffs,