Commission Regulation (EC) No 964/2000 of 5 May 2000 amending the import duties in the cereals sector

• Section: Serie L

Tweet

 

FREE EXCERPT

EN Official Journal of the European Communities6.5.2000 L 109/29

DIRECTIVE 2000/13/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal of the Commission,

Having regard to the opinion of the Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) 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 (3) has been frequently and substantially amended (4). Therefore, for reasons of clarity and rationality, the said Directive should be consolidated in a single text.

(2) Differences between the laws, regulations and administrative provisions of the Member States on the labelling of foodstuffs may impede the free circulation of these products and can lead to unequal conditions of competition.

(3) Therefore, approximation of these laws would contribute to the smooth functioning of the internal market.

(4) The purpose of this Directive should be to enact Community rules of a general nature applicable horizontally to all foodstuffs put on the market.

(5) Rules of a specific nature which apply vertically only to particular foodstuffs should be laid down in provisions dealing with those products.

(6) The prime consideration for any rules on the labelling of foodstuffs should be the need to inform and protect the consumer.

(7) That need means that Member States may, in compliance with the rules of the Treaty, impose language requirements.

(8) Detailed labelling, in particular giving the exact nature and characteristics of the product which enables the consumer to make his choice in full knowledge of the facts, is the most appropriate since it creates fewest obstacles to free trade.

(9) Therefore, a list should be drawn up of all information which should in principle be included in the labelling of all foodstuffs.

(10) However, the horizontal nature of this Directive does not allow, at the initial stage, the inclusion in the compulsory indications of all the indications which must be added to the list applying in principle to the whole range of foodstuffs. During a later stage, Community provisions should be adopted, aimed at supplementing the existing rules.

(11) Furthermore, in the absence of Community rules of a specific nature Member States should retain the right to lay down certain national provisions which may be added to the general provisions of this Directive, nevertheless these provisions should be subject to a Community procedure.

(12) The said Community procedure must be that of a Community decision when a Member State wishes to enact new legislation.

(13) Provision should also be made for the Community legislator to derogate, in exceptional cases, from certain obligations that have been fixed generally.

(14) The rules on labelling should also prohibit the use of information that would mislead the purchaser or attribute medicinal properties to foodstuffs. To be effective, this prohibition should also apply to the presentation and advertising of foodstuffs.

(15) With a view to facilitating trade between Member States, it may be provided that, at stages prior to sale to the ultimate consumer, only information on the essential elements should appear on the outer packaging and certain mandatory particulars that must appear on a prepackaged foodstuff need appear only on commercial documents referring thereto.

(16) Member States should retain the right, depending on local practical conditions and circumstances, to lay down rules in respect of the labelling of foodstuffs sold in bulk; in such cases, information should nevertheless be provided for the consumer.

(1) OJ C 258, 10.9.1999, p. 12.

(2) Opinion of the European Parliament of 18 January 2000 (not yet published in the Official Journal) and Council Decision of 13 March 2000.

(3 ) OJ L 33, 8.2.1979, p. 1. Directive as last amended by Directive 97/4/EC of the European Parliament and of the Council (OJ L 43, 14.2.1997, p. 21).

(4) See Annex IV, Part B.

EN Official Journal of the European Communities 6.5.2000L 109/30 (17) With the aim of simplifying and accelerating the procedure, the Commission should be entrusted with the task of adopting implementing measures of a technical nature.

(18) The measures necessary for the implementing of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1).

(19) This Directive should be without prejudice to the obligations of the Member States concerning the time limits for transposition of the Directives set out in Annex IV,

Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive concerns the labelling of foodstuffs to be delivered as such to the ultimate consumer and certain aspects relating to the presentation and advertising thereof.

2. This Directive shall apply also to foodstuffs intended for supply to restaurants, hospitals, canteens and other similar mass caterers (hereinafter referred to as `mass caterers').

3. For the purpose of this Directive, (a) `labelling' shall mean any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a foodstuff and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such foodstuff;

   (b) `pre-packaged foodstuff' shall mean any single item for presentation as such to the ultimate consumer and to mass caterers, consisting of a foodstuff and the packaging into which it was put before being offered for sale, whether such packaging encloses the foodstuff completely or only partially, but in any case in such a way that the contents cannot be altered without opening or changing the packaging.

   Article 2

1. The labelling and methods used must not:

   (a) be such as could mislead the purchaser to a material degree, particularly:

   (i) as to the characteristics of the foodstuff and, in particular, as to its nature, identity, properties, composition, quantity, durability, origin or provenance, method of manufacture or production;

   (ii) by attributing to the foodstuff effects or properties which it does not possess;

   (iii) by suggesting that the foodstuff possesses special characteristics when in fact all similar foodstuffs possess such characteristics;

   (b) subject to Community provisions applicable to natural mineral waters and foodstuffs for particular nutritional uses, attribute to any foodstuff the property of preventing, treating or curing a human disease, or refer to such properties.

2. The Council, in accordance with the procedure laid down in Article 95 of the Treaty, shall draw up a non-exhaustive list of the claims within the meaning of paragraph 1, the use of which must at all events be prohibited or restricted.

3. The prohibitions or restrictions referred to in paragraphs 1 and 2 shall also apply to:

   (a) the presentation of foodstuffs, in particular their shape, appearance or packaging, the packaging materials used, the way in which they are arranged and the setting in which they are displayed;

   (b) advertising.

   Article 3

1. In accordance with Articles 4 to 17 and subject to the exceptions contained therein, indication of the following particulars alone shall be compulsory on the labelling of foodstuffs:

   (1) the name under which the product is sold;

   (2) the list of ingredients;

   (3) the quantity of certain ingredients or categories of ingredients as provided for in Article 7;

   (4) in the case of prepackaged foodstuffs, the net quantity;

   (5) the date of minimum durability or, in the case of foodstuffs which, from the microbiological point of view, are highly perishable, the `use by' date;

   (6) any special storage conditions or conditions of use;

   (7) the name or business name and address of the manufacturer or packager, or of a seller established within the Community.

   However, the Member States shall be authorised, in respect of butter produced in their territory, to require only an indication of the manufacturer, packager or seller.

   Without prejudice to the notification provided for in Article 24, Member States shall inform the Commission and the other Member States of any measure taken pursuant to the second paragraph;

   (8) particulars of the place of origin or provenance where failure to give such particulars might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff;

   (9) instructions for use when it would be impossible to make appropriate use of the foodstuff in the absence of such instructions;

   (10) with respect to beverages containing more than 1,2 % by volume of alcohol, the actual alcoholic strength by volume.(1 ) OJ L 184, 17.7.1999, p. 23.

   EN Official Journal of the European Communities6.5.2000 L 109/31

2. Notwithstanding the previous paragraph, Member States may retain national provisions which require indication of the factory or packaging centre, in respect of home production.

3. The provisions of this Article shall be without prejudice to more precise or more extensive provisions regarding weights and measures.

   Article 4

1. Community provisions applicable to specified foodstuffs and not to foodstuffs in general may provide for derogations, in exceptional cases, from the requirements laid down in Article 3(1), points 2 and 5, provided that this does not result in the purchaser being inadequately informed.

2. Community provisions applicable to specified foodstuffs and not to foodstuffs in general may provide that other particulars in addition to those listed in Article 3 must appear on the labelling.

   Where there are...