Proposal for a Regulation of the European Parliament and of the Council on the provision of food information to consumers

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1. Tekst

The Working Party on Foodstuffs examined the above proposal at several meetings. The present

note and its Annex intend to reflect the outcome of the debates.

The DELETED delegations and the Commission maintain general scrutiny reservations. The

Danish and United Kingdom delegations maintain Parliamentary scrutiny reservations.

In the text annexed, the positions of the delegations are summed up in the footnotes. The additions

to the Commission proposal (6172/08) are inserted in bold, while the deletions are indicated by

strikethrough. The text added with reference to document 17202/08 is indicated in bold underlined

while deletions are in bold strikethrough.

____________________

ANNEX

Proposal for a Regulation of the European Parliament and of the Council

on the provision of food information to consumers

(Text with EEA relevance)

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 from the Commission ;

Having regard to the opinion of the European Economic and Social Committee ,

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

Whereas:

(1) Article 153 of the Treaty provides that the Community is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to Article 95 thereof.

(2) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and

economic interests.

OJ C xxx, xx.xx.xxxx. p. xx 2

OJ C xxx, xx.xx.xxxx. p. xx. 3

Opinion of the European Parliament of ................., Council Common Position of .........

(3) In order to achieve a high level of health protection for consumers and to guarantee their right to information, it should be ensured that consumers are appropriately informed as regards

food they consume. Consumers choices can be influenced by, inter alia, health, economic,

environmental, social and ethical considerations.

(4) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law,

establishing the European Food Safety Authority and laying down procedures in matters of

food safety provides that it is a general principle of food law to provide a basis for consumers to make informed choices in relation to food they consume and to prevent any practices that

may mislead the consumer.

(5) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 5

concerning unfair business-to-consumer commercial practices in the internal market covers certain aspects of the provision of information to consumers specifically to prevent

misleading actions and omissions of information. The general principles on unfair commercial

practices should be complemented by specific rules concerning the provision of food

information to consumers.

(6) Community rules on food labelling applicable to all foods are laid down in 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 majority of the provisions laid down in that Directive date back to 1978 and should therefore be updated.

OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3). 5

OJ L 149, 11.6.2005, p. 22. 6

OJ L 109, 6.5.2000, p. 29. Directive as last amended by Commission Directive 2006/142/EC (OJ L 368, 23.12.2006, p. 110).

(7) Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs lays down rules on the content and presentation of nutrition information on prepacked foods.

The inclusion of nutrition information is voluntary unless a nutrition related claim is made

concerning the food. The majority of the provisions laid down in that Directive date back to

1990 and should therefore be updated.

(8) The general labelling requirements are complemented by a number of provisions applicable to all foods in particular circumstances or to certain categories of foods. In addition, there are a

number of specific rules which are applicable to specific foods.

(9) While the original objectives and the core components of the current labelling legislation are still valid, it is necessary to streamline it in order to ensure easier compliance and greater

clarity for stakeholders and to modernise it in order to take account of new developments in

the field of food information.

(10) There is public interest in the relationship between diet and health and in the choice of an

appropriate diet to suit individual needs. The Commission White Paper on a Strategy for

Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is an important tool to inform consumers about the composition of the foods and

help them make an informed choice. The EU consumer policy strategy 2007-2013 underlined

that allowing consumers to make informed choice is essential both to effective competition

and consumer welfare. Knowledge of the basic principles of nutrition and appropriate

nutrition information on foods would contribute significantly towards enabling the consumer

to make such an informed choice.

OJ L 276, 6.10.1990, p. 40. Directive as last amended by Commission Directive (OJ L 333, 20.12.2003, p. 51.) 8

COM(2007) 279.

(11) In order to enhance legal certainty and ensure rationality and consistency of enforcement, it is

appropriate to repeal Directives 90/496/EEC and 2000/13/EC and to replace them by a single

Regulation which ensures certainty for both consumers and the industry and reduces the

administrative burden.

(12) For the sake of clarity, it is appropriate to repeal and include in this Regulation other

horizontal acts, namely Commission Directive 87/250/EEC of 15 April 1987 on the indication

of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate

consumer , Commission Directive 94/54/EC of 18 November 1994 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those

provided for in Council Directive 79/112/EEC , Commission Directive 1999/10/EC of 8 March 1999 providing for derogations from the provisions of Article 7 of Council Directive

79/112/EEC as regards the labelling of foodstuffs , Commission Directive 2002/67/EC of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing

caffeine , Commission Regulation (EC) No 608/2004 of 31 March 2004 concerning the 13

labelling of foods and food ingredients with added phytosterols, phytosterol esters , phytostanols and/or phytostanol esters and Commission Directive 2004/77/EC of 29 April

2004 amending Directive 94/54/EC as regards the labelling of certain foods containing

glycyrrhizinic acid and its ammonium salt .

(13) It is necessary to set common definitions, principles, requirements and procedures so as to

form a clear framework and a common basis for Community and national measures governing

food information.

OJ L 113, 30.4.1987, p. 57. 10

OJ L 300, 23.11.1994, p. 14. Directive as last amended by Directive 2004/77/EC (OJ L 162, 30.4.2004, p. 76). 11

OJ L 69, 16.3.1999, p. 22. 12

OJ L 191, 19.7.2002, p. 20. 13

OJ L 97, 1.4.2004, p. 44. 14

OJ L 162, 30.4.2004, p. 76.

(14) In order to follow a comprehensive and evolutionary approach to the information provided to

consumers relating to food they consume, there should be a broad definition of food

information law covering rules of a general and specific nature as well as a broad definition of

food information covering information provided also by other means than the label.

(15) Community rules should apply only to undertakings, the concept of which implies a certain

continuity of activities and a certain degree of organisation. Operations such as the occasional

handling, serving and selling of food by private persons at events such as charities, or local

community fairs and meetings are not covered by the scope of this regulation.

(16) Food information law should provide sufficient flexibility to be able to keep up to date with

new information requirements from consumers and ensure a balance between the protection

of the internal market and the differences in the perception of consumers in the Member

States.

(17) The prime consideration for requiring mandatory food information should be to enable

consumers to identify and make appropriate use of a food and to make choices that suit their

individual dietary needs.

(18) In order to enable food information law to adapt to changing consumers' needs for

information, any considerations about the need for mandatory food information should also

take account of the widely demonstrated interest from the majority of consumers in the

disclosure of certain information.

(19) New mandatory food information requirements should however only be established if and

where necessary, in accordance with the principles of subsidiarity, proportionality and

sustainability.

DELETED: proposed adding: "With this aim, operators should facilitate the accessibility of their information to the visually impaired".

(20) The rules on food information should prohibit the use of information that would mislead the

consumer or attribute medicinal properties to foods. To be effective, this prohibition should

also apply to the advertising and presentation of foods.

(21) In order to prevent a fragmentation of the rules concerning the responsibility of food business

operators with respect to food information it is appropriate to clarify the responsibilities of

food business operators in this area.

(22) A list should be drawn up of all mandatory information which should in principle be provided

for all foods intended for the final consumer and the mass caterers. That list should maintain

the information that is already required under existing legislation given that it is generally

considered as a valuable acquis for consumer information.

(23) In order to take account of changes and developments in the field of food information,

provisions should be made to empower the Commission to amend the list of mandatory

information by adding or removing particulars and for enabling the availability of certain

particulars through alternative means. Consultation with stakeholders should facilitate timely

and well targeted changes of food information requirements.

(24) When used in the production of foods and still present, certain ingredients or other substances

are the cause of allergies or intolerances in consumers, and some of those allergies or

intolerances constitute a danger to the health of those concerned. It is important that

information on the presence of food additives, processing aids and other substances with

allergenic effect should be given to enable consumers suffering from a food allergy or

intolerance to make informed and safe choices.

(25) Food labels should be clear and understandable to assist consumers wanting to make better-

informed food and dietary choices. Studies show that legibility is an important element in

maximising the possibility that labelled information can influence its audience and that the

small print size is one of the main causes of consumer dissatisfaction with food labels.

(26) In order to ensure the provision of food information, it is necessary to consider all ways of

supplying food to consumers, including selling food by means of distance communication.

Although it is clear that any food supplied through distant selling should meet the same

information requirements as food sold in shops, it is necessary to clarify that in such cases the

relevant mandatory food information should also be available before the purchase is

concluded.

(27) With a view to provide consumers with food information that is necessary to make an

informed choice, alcoholic mixed beverages should also provide information on their ingredients.

DELETED: the meaning of "alcoholic mixed beverages" should take into account the exemptions referred to in recital (28).

(28) It is also important to provide consumers with information on the other alcoholic beverages.

Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No

1493/1999 479/2008 of 29 April 2008 of 17 May 1999 on the common organisation of the

market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC)

No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC)

No 1493/1999 provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of

wines, thus ensuring that all stages in the chain are covered and that consumers are protected

and properly informed. In particular, this legislation describes in a precise and exhaustive

manner the substances likely to be used in the production process, together with the

conditions for their use via a positive list of oenological practices and treatments; any practice

not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage

from the obligation to list the ingredients and to provide for a nutrition declaration. As regards

the alcoholic drinks covered by Council Regulation (EEC) No 1601/91 of 10 June 1991

laying down general rules on the definition, description and presentation of aromatized

wines, aromatized wine-based drinks and aromatized wine-product cocktails , liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other

than grapes, aromatized beer, beer and spirit drinks as defined in Article 2(1) of Regulation

(EC) No. 110/2008[...] of 15 January 2008 [...] of the European Parliament and of the

Council on the definition, description, presentation, labelling and the protection of

geographical indications of spirit drinks and repealing Council Regulation (EEC) No

1576/89 , and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will

produce a report after five years of the entry into force of this Regulation and may propose, if

necessary, specific requirements in the context of this Regulation.

OJ L 148, 6.6.2008 OJ L 179, 14.7.1999, p. 1. 18

OJ L 149, 14.6.1991, p. 1 19

OJ L 39[ ...], 13.2.2008[...], p.16[...].

(29) The indication of the country of origin or of the place of provenance of a food should be

provided whenever its absence is likely to mislead consumers as to the true country of origin

or place of provenance of that product. In other cases, the provision of the indication of

country of origin or place of provenance is left to the appreciation of food business operators.

In all cases, the indication of country of origin or place of provenance should be provided in a

manner which does not deceive the consumer and on the basis of clearly defined criteria

which ensure a level playing field for the industry and improve consumers' understanding of

the information related to the country of origin or place of provenance of a food. Such criteria

should not apply to indications related to the name or address of the food business operator.

(30) In some cases, food business operators may want to indicate that the origin of a food is the

European Community to draw the consumers' attention to the qualities of their product and to

the European Union's production standards. Such indications should also comply with

harmonised criteria.

(31) The European Community's non-preferential rules of origin are laid down in Council

Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs

Code and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No

2913/92 establishing the Community Customs Code . Determination of the country of origin of foods will be based on these rules, which are well known to trade operators and

administrations and should ease its implementation.

(32) The nutrition declaration on a food concerns information on the presence of energy and

certain nutrients in foods. The mandatory provision of nutrition information should assist

action in the area of nutrition education for the public and support informed food choice.

OJ L 302, 19.10.1993, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). 21

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

(33) The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity

related health issues highlighted certain nutritional elements of importance to public health.

Therefore, it is appropriate that the requirements on the mandatory provision of nutrition

information should take into account such elements.

(34) In general, consumers are not aware of the potential contribution of alcoholic beverages to

their overall diet. Therefore, it is appropriate to ensure that information on the nutrient content

of in particular mixed alcoholic beverages is provided.

(35) In the interest of consistency and coherence of Community legislation the voluntary inclusion

of nutrition or health claims on food labels should be in accordance with the Regulation

(EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on

nutrition and health claims made on foods .

(36) To avoid unnecessary burdens on the industry, it is appropriate to exempt certain categories of

foods that are unprocessed or for which nutrition information is not a determining factor for

consumer choice from the mandatory inclusion of nutrition declaration, unless the obligation

to provide such information is provided under other Community legislation.

(37) To appeal to the average consumer and to serve the informative purpose for which it is

introduced, and given the current level of knowledge on the subject of nutrition, the

information provided should be simple and easily understood. Research has indicated that

consumers find the information in the principal field of view or ` front of pack' is useful when

making purchasing decisions. Therefore, to ensure that consumers can readily see the

essential nutrition information when purchasing foods such information should be in the

principal field of view of the label.

OJ L 404, 30.12.2006, p. 9. Regulation as amended by ...

(38) Recent developments in the expression of the nutrition declaration, other than per

100g/100ml/portion, by some Member States and organisations in the food sector suggest that

consumers like such schemes as they can help them make informed choices quickly.

However, there is not evidence across all the Community on how the average consumer

understands and uses the alternative expression of the information. Therefore, it is appropriate

to allow for different schemes to be developed and to allow research on consumer

understanding in different Member States to continue so that, if appropriate, harmonised

schemes may be introduced.

(39) The declaration in the principal field of view of the amounts of nutritional elements and

comparative indicators in an easily recognisable form to enable an assessment of the

nutritional properties of a food should be considered in its entirety as part of the nutrition

declaration and not be treated as a group of individual claims .

(40) Experience shows that in many cases voluntary food information is provided to the detriment

of the clarity of the mandatory food information. Therefore, criteria should be provided to

help food business operators and enforcement authorities to strike a balance between the

provision of mandatory and voluntary food information.

(41) Member States should retain the right, depending on local practical conditions and

circumstances, to lay down rules in respect of the provision of information concerning non-

prepacked foods. Although in such cases the consumer demand for other information is

limited, information on potential allergens is considered very important. Evidence suggests

that most food allergy incidents can be traced back to non-prepacked food. Therefore such

information should always be provided to the consumer.

(42) Member States should not be able to adopt provisions other than those laid down in this

Regulation in the field it harmonises, unless specifically indicated in it.

DELETED: need to be clarified; DELETED will submit a new wording.

(43) Food information rules should be able to adapt to a rapidly changing social, economic and

technological environment.

(44) In respect of certain aspects of food information that give rise to the development of

innovative and modern commercial practices, it is necessary to allow sufficient experiments

and consumer research and to provide solid evidence about the best systems. Therefore, in

such cases Community food information law should restrict itself to setting out the mandatory

essential requirements determining the level of consumer protection and information and

leave flexibility for the fulfilment of such requirements, in a manner that is compatible with

the internal market provisions.

(45) In order to ensure that more detailed food information requirements are designed and

established in a dialectic manner and emerge from best practices, there should be flexible

mechanisms at Community and national level based on open and transparent public

consultation and sustained interaction between a wide range of representative stakeholders.

Such mechanism may result in the development of national non-binding schemes on the basis

of solid consumer research and wide stakeholder consultation. There should be mechanisms

for consumers to be able to identify foods labelled in compliance with the national scheme

such as through an identification number or symbol.

(46) In order to ensure a level of consistency in the results achieved in the different Member

States, it is necessary to promote the constant exchange and sharing of best practices and

experience between Member States and with the Commission and promote the participation

of stakeholders to such exchanges.

(47) Member States should carry out official controls in order to enforce compliance with this

Regulation in accordance with Regulation (EC) No 882/2004.

(48) References to Directive 90/496/EEC in Regulation (EC) No 1924/2006 and in Regulation

(EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on

the addition of vitamins and minerals and of certain other substances to foods should be updated to take this Regulation into account. Regulations (EC) No 1924/2006 and (EC) No

1925/2006 should therefore be amended accordingly.

(49) In order to enable interested parties, especially small and medium-sized enterprises, to

provide nutrition information on their products, the application of the measures to make

nutrition information mandatory should be introduced gradually through extended transition

periods with an additional transition period provided for micro-businesses.

(50) Since the objectives of the actions to be taken cannot be sufficiently achieved by the Member

States and can therefore be better achieved at Community level, the Community may adopt

measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty.

In accordance with the principle of proportionality, as set out in that Article, this Regulation

does not go beyond what is necessary in order to achieve those objectives.

(51) 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.

(52) The measures necessary for the implementing of this Regulation 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 .

OJ L 404, 30.12.2006, p. 26. 25

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(53) Power should be conferred on the Commission in particular to amend and update the Annexes

to this Regulation. Since those measures are of general scope and are designed to amend non-

essential elements of this Regulation, and to supplement this Regulation by the addition of

new non-essential elements, they should be adopted in accordance with the regulatory

procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(54) On grounds of urgency it is necessary to apply the urgency procedure provided for in

Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to Annexes II and III

of this Regulation,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.

This Regulation provides the basis for the assurance of a high level of consumer protection in relation to food information, taking into account the differences in the perception of

consumers and their information needs whilst ensuring the smooth functioning of the internal

market.

2.

This Regulation establishes the general principles, requirements and responsibilities governing food information, and in particular food labelling. It lays down the means to

guarantee the right of consumers to information and procedures for the provision of food

information, taking into account the need to provide sufficient flexibility to respond to future

developments and new information requirements.

3.

This Regulation applies to all stages of the food chain, where the activities of food businesses concern the provision of food information to consumers.

It shall apply to all foods intended for the final consumer, including foods delivered by mass

caterers and foods intended for supply to mass caterers.

It shall not apply to food sold by private persons in the context of occasional activities

such as charities, local community fairs or meetings, and not as part of an undertaking

that would imply a certain continuity of activities and a certain degree of organisation .

DELETED: the scope of the Regulation should not apply to non-prepacked food delivered by mass caterers.

DELETED: scrutiny reservation.

4.

This Regulation shall apply without prejudice to labelling requirements provided in specific Community legislation applicable to particular foods.

Article 2

Definitions

1.

For the purposes of this Regulation the following definitions shall apply:

(a) the definitions of `food', `food law', `food business', `food business operator', `retail', `placing on the market' and `final consumer' in Article 2 and in Article 3(1), (2), (3),

(7), (8) and (18) of Regulation (EC) No 178/2002;

(b) the definition of `processing', `unprocessed products' and `processed products' in Article 2(1) (m), (n) and (o) of Regulation (EC) No 852/2004 of the European

Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ;

(c) the definitions of `food additives' and `processing aids' in Article 1(2) and in footnote 1 of Council Directive 89/107/EEC of 21 December 1988 on the approximation of the

laws of the Member States concerning food additives authorised for use in foods

intended for human consumption ;

(d) the definition of `flavouring' in Article 1(2)(a) of Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to

flavourings for use in foodstuffs and to source materials for their production ;

OJ L 139, 30.4.2004, p. 1. 29

OJ L 40, 11.2.1989, p. 27. Reference to be updated as soon as the new Regulation is published. 30

OJ L 184, 15.7.1988, p. 61. Reference to be updated as soon as the new Regulation is published.

(e) the definitions of `meat' and `mechanically separated meat' in points 1.1 and 1.14 of 31

Annex I to Regulation (EC) No 853/2004 ;

(f) the definitions of `claim', `nutrient', `other substance', `nutrition claim' and `health claim' in Article 2(2) (1) to (5) of Regulation (EC) No 1924/2006.

2.

The following definitions shall also apply:

(a) `food information' means information concerning a food and made available to the final consumer by means of a label, other accompanying material, or any other means

including modern technology tools or verbal communication. It does not cover

commercial communications as defined by Directive 2000/31/EC of the European

Parliament and of the Council of 8 June 2000 on certain legal aspects of information

society services, in particular electronic commerce, in the Internal Market ;

(b) `food information law' means the Community provisions governing the food information, and in particular labelling, including rules of a general nature applicable to

all foods or to specified foods and rules which apply only to specific foods;

(c) `mandatory food information' means the particulars that are required to be provided to the final consumer by Community legislation;

(d) `mass caterers' means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools and hospitals, where, in the course of a business,

food is prepared for delivery to the final consumer and is ready for consumption without

further preparation;

DELETED: prefer the definition on Annex VI.17. 32

OJ L 178, 17.7.2000, p. 1.

(e) `pre-packed food' means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put

before being offered for sale, whether such packaging encloses the food completely or

only partially, but in any case in such a way that the contents cannot be altered without

opening or changing the packaging;

(f) `ingredient' means any substance, including food additives and food enzymes, and any constituent of a compound ingredient, used in the manufacture or preparation of a food

and still present in the finished product, even if in an altered form; residues shall not be

considered as ingredients;

(g) 'place of provenance' means any place where a food is indicated to come from, and that is not the 'country of origin' as determined in accordance with Articles 23 to 26 of

Council Regulation (EEC) No 2913/92;

(h) `compound ingredient' is an ingredient that is itself the product of more than one ingredient;

(i) `label' means any tag, brand, mark, pictorial or other descriptive matter written, printed, 35

stencilled, marked, embossed or impressed on, or attached to, a container of food;

(j) `labelling' means any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a food and placed on any packaging, document, notice, label, ring or

collar accompanying or referring to such food;

DELETED: asked for adding "food flavourings"; Cion answered that a flavouring is an additive.

DELETED: considers " residues shall not be considered as ingredients" superfluous. Can be deleted.

DELETED: considers this definition redundant if compared with the definition of labelling. Can be deleted.

(k) `field of vision' means all the surfaces of a package that can be read from a single viewing point, permitting rapid and easy access to labelling information by allowing

consumers to read this information without needing to turn the package back and

forth;

(l) `legal name' means the name of a food prescribed in the Community provisions applicable to it or, in the absence of such Community provisions, the name provided for

in the laws, regulations and administrative provisions applicable in the Member State in

which the food is sold to the final consumer or to mass caterers;

(m) `customary name' means a name which is accepted as the name of the food without it

needing further explanation by consumers in the Member State in which it is sold;

(n) `descriptive name' means a name providing a description of the food, and if necessary of its use, which is sufficiently clear to enable the consumers to know its true nature and

distinguish it from other products with which it might be confused ;

(o) `primary ingredient(s)' means the significant and/or characterising ingredients of a food;

DELETED: "can be read" should be replaced by "can be seen". 37

DELETED: would like to replace by the following new definition: "same field of vision"

means all the surfaces of a package that can be read from a single viewing point, permitting rapid a easy access to labelling information by allowing consumers to read this information without needing to turn the package back and forth;".

DELETED: wish moving here the definition of "principal field of vision" (means the field of vision that is most likely to be displayed or visible under normal or customary conditions of sale or use) now in Annex I.

DELETED: for l), m), n): no need for these definitions, would prefer to keep the definition of "name of the food" as stated in Article 5 of the Directive 2000/13/EC.

(p) `significant ingredient(s)' means the ingredient of a food that represents more than 50% 40

of this food;

(q) `characterising ingredient(s)' means any ingredient of a food which is usually associated with the name of the food by the consumer and for which in most cases a quantitative

indication is required;

r)

`essential requirements' means the requirements whereby the level of consumer protection and food information is determined with respect to a given issue and which

are laid down in a Community act which allows for the development of national

schemes referred to in Article 44 ;

(s) `date of minimum durability of a food' means the date until which the food retains its 43

specific properties when properly stored;

DELETED: unnecessary as the concept is not used in the rest of the text. 41

DELETED: unnecessary as the concept is not used in the rest of the text. 42

DELETED: to be deleted if national schemes will be deleted. 43

DELETED: suggested deleting this definition. DELETED: suggested replacing by `date of minimum durability of a food' means the date from which the product may no longer be sold".

DELETED: would like to add a definition of "use by date".

(t) `best practices' means standards, schemes, initiatives, or any other activities endorsed by competent authorities that have been shown through experience and research to be

the most effective for the majority of consumers and are considered as models for others

to follow.

3.

For the purposes of this Regulation the country of origin of a food shall refer to the origin of a food as determined in accordance with Articles 23 to 26 of Council Regulation (EEC)

No 2913/92.

4.

The specific definitions set out in Annex I shall also apply.

DELETED: a new definition of "net quantity" (without packaging) should be introduced. Will submit a proposal.

DELETED: a new definition of "direct sale" should be introduced. Will submit a proposal. DELETED: the following definition should be introduced: "distance contract" means any

contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service-provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded.

DELETED: asked for the insertion of the following definitions:

"Package" means the complete product of the packaging operation consisting of the packaging and its contents. "Packaging" means the material used for partial or total wrapping of the food and as a result the food is ready to be offered for sale to the consumer as a unit.

DELETED: scrutiny reservation.

CHAPTER II

GENERAL PRINCIPLES ON FOOD INFORMATION

Article 3

General objectives

1.

The provision of food information shall pursue a high level of protection of consumers' health and interests by providing a basis for final consumers to make informed choices and to make

safe use of food, with particular regard to health, economic, environmental, social and ethical considerations.

2.

Food information law shall aim to achieve in the Community the free movement of food legally produced and marketed, taking into account, where appropriate, the need to protect the

legitimate interests of producers and to promote the production of quality products.

3.

When food information law establishes new requirements, consideration shall be given to the need for a transitory period after the entry into force of the new requirements, during which

foods bearing labels not complying with the new requirements can be placed on the market

and for stocks of such foods that have been placed on the market before the end of the

transitory period to continue to be sold until exhausted .

DELETED: will reflect on the convenience of adding "where appropriate". 47

DELETED: need for a clear wording for transitory periods applicable to frequent updates of the rules.

DELETED: would like to add a new paragraph on transitory measures, with the following

wording: " Unless urgent measures need to be taken for food safety reasons, new food information requirements shall be implemented yearly(1 January), allowing a transitory period of at least 18 months."

Article 4

Principles governing mandatory food information

1.

Where mandatory food information is required by food information law, it shall concern information that falls, in particular, into one of the following categories:

(a) information on the identity and composition, properties or other characteristics of the food;

(b) information on the protection of consumers' health and the safe use of a food. In particular, it shall concern information on:

(i) compositional attributes that may be harmful to the health of certain groups of consumers;

(ii) durability, storage and safe use;

(iii) the health impact, including the risks and consequences related to harmful and

hazardous consumption of a food;

(c) information on nutritional characteristics so as to enable consumers, including those with special dietary requirements, to make informed choices.

2.

When considering the need for mandatory food information, account shall be taken of a widespread need on the part of the majority of consumers for certain information to which

they attach significant value or of any generally accepted benefits to the consumer to enable

them to make informed choices.

Article 5

Consultation of the Authority

Any food information law measures likely to have an effect on public health shall be adopted after

consultation of the European Food Safety Authority.

CHAPTER III

GENERAL FOOD INFORMATION REQUIREMENTS AND RESPONSIBILITIES OF

FOOD BUSINESS OPERATORS

Article 6

Basic requirement

Any food intended for supply to the final consumer or to mass caterers shall be accompanied by

food information in accordance with this Regulation.

Article 7

Fair information practices

1.

Food information shall not be misleading to a material degree , particularly:

(a) as to the characteristics of the food and, in particular, as to its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance,

method of manufacture or production;

(b) by attributing to the food effects or properties which it does not possess;

(c) by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics.

2.

Food information shall be accurate, clear, and easy to understand for the consumer.

DELETED: scrutiny reservation on the suppression of "to a material degree".

3.

Subject to derogations provided for by Community legislation applicable to natural mineral waters and foods for particular nutritional uses, food information shall not attribute to any

food the property of preventing, treating or curing a human disease, nor refer to such

properties.

4.

The prohibition referred to in Paragraphs 1, 2 and 3 shall also apply to:

(a) advertising;

(b) the presentation of foods 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.

DELETED: scrutiny reservation.

50 51

Article 8 Responsibilities

DELETED : considers that there is a need to clarify who is responsible. 51

DELETED : submitted the following proposal (see DS 45/09):

"1. Without prejudice to paragraphs 3 and 4, food business operators, within the businesses under their control, shall ensure compliance with the requirements of food information law which are relevant to their activities and shall verify that such requirements are met. 2. Food business operators, within the business under their control, shall not modify the information accompanying a food if such modification would mislead the final consumer or otherwise reduce the level of consumer protection, particularly with regard to health.

3.

Food business operators placing on the market for the first time responsible for production, processing, manufacturing or packaging of a food intended for supply to the final consumer or mass caterer, shall ensure the presence and accuracy of the food information in accordance with the applicable food information law. otwithstanding subparagraph 1, where a food is produced, processed, manufactured or packaged

outside the Community, the importer established within the Community shall ensure the presence and accuracy of the food information in accordance with the applicable food information law.

3bis. Food business operators delivering food to the operators referred to in paragraph 3 shall ensure,

within the business under their control, that these operators are provided with information that enables them to meet their obligations under paragraph 3.

4.

Food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure, within the limits of their respective activities, the presence of the applicable food information requirements, in particular by not supplying foods which they know or presume to be non compliant, on the basis of the information in their possession as professionals. Food business operators responsible for retail or distribution activities which do not affect food information shall ensure that requirements of Article 16 are met and shall not supply foods which they know to be non compliant with the applicable food information law.
5.

Food business operators within the business under their control shall ensure that information relating to non-prepacked food shall be transmitted to the operator receiving the food in order to enable, where appropriate, the provision of the mandatory food information specified in Article 9(1) points (a) to (c) and (f) and (g) to the final consumer.
6.

In the following cases, food business operators, within the businesses under their control shall ensure that the mandatory particulars required under Article 9 shall appear on the external packaging in which the food is presented for marketing, or on the commercial documents referring to the foods where it can be guaranteed that such documents either accompany the food to which they refer or were sent before or at the same time as delivery: (a) where prepacked food is intended for the final consumer but marketed at a stage prior to sale to the final consumer and where sale to a mass caterer is not involved at that stage; (b) where prepacked food is intended for supply to mass caterers for preparation, processing, splitting or cutting up. otwithstanding subparagraph 1, food business operators shall ensure that the particulars referred to

in Article 9(1) (a), (f), (h) (g), and (h), and (m) also appear on the external packaging in which the food is presented for marketing. Where two or more individual prepacked items are packed together in the same packaging, those particulars shall be mandatory only on the collective packaging."

Reservation from the Cion on the deletion of "shall verify that such requirements are met". See General Food Law. Scrutiny reservations from all the delegations, except:

DELETED : against the DELETED proposal as DELETED wishes to attribute responsibility at all stages of the chain of distribution.

1.

Without prejudice to paragraphs 3 and 4, food business operators, within the businesses under their control, shall ensure compliance with the requirements of food information law which

are relevant to their activities and shall verify that such requirements are met .

2.

Food business operators, within the businesses under their control, shall not modify the information accompanying a food if such modification would mislead the final consumer or

otherwise reduce the level of consumer protection, particularly with regard to health.

3.

Food business operators placing on the market [for the first time] a food intended for supply to the final consumer or mass caterer shall ensure the presence and accuracy of the food

information in accordance with the applicable food information law.

4.

Food business operators responsible for retail or distribution activities which do not affect food information shall act with due care to ensure, within the limits of their respective

activities, the presence of the applicable food information requirements, in particular by not

supplying foods which they know or presume to be non compliant, on the basis of the

information in their possession as professionals.

DELETED: wishes to delete from this paragraph: "and shall verify that such requirements are met".

DELETED: consider that there is a need to clarify the meaning of "for the first time". DELETED: wish to delete "for the first time" from the sentence, attributing an identical degree of responsibility to all operators.

DELETED: suggested to replace "for the first time" by initially.

DELETED: this paragraph should be deleted.

5.

Food business operators within the business under their control shall ensure that information 55

relating to non-prepacked food shall be transmitted to the operator receiving the food in order to enable, where appropriate, the provision of the mandatory food information specified

56 57

in Article 9(1) (a) to (c), (f) (g) and (i) to the final consumer.

6.

In the following cases, food business operators, within the businesses under their control shall ensure that the mandatory particulars required under Article 9 shall appear on the external

packaging in which the food is presented for marketing, or on the commercial documents

referring to the foods where it can be guaranteed that such documents either accompany the

food to which they refer or were sent before or at the same time as delivery:

(a) where prepacked food is intended for the final consumer but marketed at a stage prior to sale to the final consumer and where sale to a mass caterer is not involved at that

stage;

(b) where prepacked food is intended for supply to mass caterers for preparation, processing, splitting or cutting up.

Notwithstanding subparagraph 1, food business operators shall ensure that the particulars

referred to in Article 9(1)(a), (f), (g) and (h) also appear on the external packaging in which

the food is presented for marketing.

DELETED: proposes to delete "non-prepacked". 56

DELETED: reservation.

DELETED: proposes to replace by: "Articles 9 and 10" 57

DELETED: would like to include also prepacked food.

As food for sale to the consumer in bulk is covered by paragraph 3, DELETED proposes to amend this paragraph, in order to cover specifically the exchange between operators of prepacked or non-prepacked food intended for preparation, assembly or processing before being supplied to the final consumer, as follows: "5. Food business operators delivering food to other operators for preparation or processing shall ensure that these operators are provided with information that enables them to meet their obligations under Article 8(3)." 58

DELETED: this sub-paragraph should be deleted.

CHAPTER IV

MANDATORY FOOD INFORMATION

SECTION 1

CONTENT AND PRESENTATION

Article 9

List of mandatory particulars

1.

In accordance with Articles 10 to 34 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory.

(a) the name of the food;

(b) the list of ingredients;

(d) the quantity of certain ingredients or categories of ingredients;

(e) the net quantity of the food;

(f) the date of minimum durability or the `use by' date;

(g) any special storage conditions and/or conditions of use;

(h) the name or business name and address of the manufacturer or packager, or of a seller 59

established within the Community ;

(i) the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of

provenance of the food, in particular if the information accompanying the food or the

label as a whole would otherwise imply that the food has a different country of origin or

place of provenance; in such cases the indication shall be in accordance with the rules

laid down in Article 35(3) and (4) and those established in accordance with

Article 35(5);

(j) instructions for use when it would be impossible difficult to make appropriate use of the food in the absence of such instructions;

(k) with respect to beverages containing more than 1,2 % by volume of alcohol, the actual alcoholic strength by volume;

According to DELETED, "established within the Community" should also apply to the manufacturer or the packager. 60

DELETED: should be mandatory to all non-processed products. DELETED: against. DELETED: reservation; the proposal should be improved; for some products (namely:

poultry) to indicate the origin of the product should be mandatory. Cion informed that the proposal permits that MS would establish specific labelling rules for certain kind of foodstuff under certain conditions.

DELETED: suggest to reword this sub-paragraph as follow:

"(i)Where the country of origin or the place of provenance of the food is not the same as that of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s) shall also be given (it will be necessary to define "primary" in percentage terms). For meat, other than beef and veal, the indication on the country of origin or place of provenance may be given as a single place only where animals have been born, reared and slaughtered in the same country or place, In other cases information on each of the different places of birth, rearing and slaughter shall be given."

DELETED: wishes keeping the version of Directive 2000/13/EC. DELETED: scrutiny reservation.

(l) a nutrition declaration .

(m) the batch number

2.

The particulars referred to in paragraph 1 shall be indicated with words and numbers unless the consumers are informed, as regards one or more particulars, by other forms of expression

established by implementing measures adopted by the Commission. Those measures designed

to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in

accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

3.

The Commission may amend the list of mandatory particulars laid down in paragraph 1. Those measures designed to amend non-essential elements of this Regulation by

supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny

referred to in Article 49(3) .

DELETED: the nutrition declaration should be kept voluntary. DELETED: the nutrition declaration should be mandatory with the exemptions provided under Annex IV.

DELETED: the nutrition declaration should be mandatory (but due consideration shall be

given to an impact on SMEs)

DELETED: reservation. 64

DELETED: would add the date of manufacture. 65

DELETED: would like to remove this paragraph. 66

DELETED: proposed to introduce: "4. Five years after the entry into force of this

Regulation, the Commission shall produce a report concerning the feasibility and the modalities of compulsory indication of the country of origin or the place of provenance for unprocessed products. The list of the mandatory particulars referred to in paragraph 1 will be modified, as appropriate, in accordance with the paragraph 3."

Article 10

Additional mandatory particulars for specific types or categories of food

1.

In addition to the particulars listed in Article 9(1) additional mandatory particulars for specific types or categories of food are laid down in Annex III.
2.

The Commission may amend Annex III. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the

regulatory procedure with scrutiny referred to in Article 49(4).

Article 11

Derogations from the requirement for mandatory particulars

For specific types or categories of foods, the Commission may provide for derogations, in

exceptional cases, from the requirements laid down in Article 9(1) (b) and (f), provided that such

derogations do not result in the final consumer and mass caterers being inadequately informed.

Those measures designed to amend the non-essential elements of this Regulation by supplementing

it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in

Article 49(3).

Article 12

Weights and measures

Article 9 shall be without prejudice to more specific Community provisions regarding weights and

measures.

Article 13

Availability and placement of mandatory food information

1.

Mandatory food information shall be available and shall be easily accessible, in accordance with this Regulation for all foods.
2.

In the case of prepacked food, mandatory food information shall appear directly on the 67

package or on a label attached thereto.

3.

The availability of certain mandatory particulars by means other than on the package or on the label may be established by the Commission provided the general principles and requirements

laid down in Chapter II of this Regulation are met. Those measures designed to amend non-

essential elements of this Regulation by supplementing it shall be adopted, in accordance with

the regulatory procedure with scrutiny referred to in Article 49(3).

4.

In the case of non-prepacked food, the provisions of Article 41 shall apply.

DELETED: proposed adding "on accompanying elements or". 68

DELETED: proposed, in alternative:

"4. Without prejudice to Article 41 and with the exception of Article 9(1)(c), Articles 9 and 10 shall not apply to food offered for sale to the final consumer without prepackaging, or where foods are packed on the premises at the consumer's request, or prepacked for direct sale."

Article 14 Presentation of mandatory particulars

[1. Without prejudice to specific Community legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on

the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on

the package or on the label in characters of using a font size of at least 3 mm where the x height, as defined in Annex IIIa, is equal to or greater than [1.2 mm]. and It shall be

presented in a way so as to ensure a significant contrast between the print and background as specified in Annex IIIa be easily visible and clearly legible.

The factors criteria given in Annex IIIb shall be considered in the design of the label.]

2.

The particulars listed in Article 9(1) (a), (e), (f), according to Annex IX (1)(b), and (k) shall appear in the same field of vision.
3.

Detailed rules concerning the presentation of mandatory particulars and the extension of the requirements referred to in paragraph 2 to the additional mandatory particulars for specific

categories or types of food referred to in Articles 10 and 38 may be adopted by the

Commission. Those measures designed to amend non-essential elements of this Regulation by

supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny

referred to in Article 49(3).

DELETED : scrutiny reservation.

70 DELETED : prefers 3 mm; would like to add the Braille system of reading.

71 DELETED : how to measure/control contrast? DELETED : scrutiny reservation on contrast. 72 DELETED : opposed; invoked the technical difficulties to apply. DELETED : scrutiny reservation.

DELETED : is it necessary to mention Annex IX?

4.

[The minimum font size referred to in paragraph 1 shall not apply in case of packaging or 73

containers the largest surface of which has an area of less than 10 cm².]

5.

Paragraph 2 shall not apply in the case of foods specified in Article 17(1) and (2).
6.

Mandatory food information shall be marked in a conspicuous place in such a way as to be 74 75

easily visible, clearly legible and [, where appropriate,] indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any

other intervening material.

73 Alternative wording proposed by the mini-group.

"4. The minimum font size referred to in paragraph 1 shall not apply in the case of packaging or

containers the mandatory food information occupies a space equal to or greater than [50%] of the largest surface of which has an area of less than 10 cm2 the packaging or container. For such products the criteria given in Annex ** should be considered."

DELETED : support this alternative version.

DELETED : has problems with the calculation of the area. 74

DELETED: wishes adding "except for non-prepacked food". 75

DELETED: wishes to delete "where appropriate". 76

DELETED: wondered how to apply to oral information.

Article 15 Distance selling

Without prejudice to the information requirements laid down in Article 9, in the case of foods

offered for sale by means of distance communication as defined in Article 2 of Directive 97/7/EC

of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in

78 79

respect of distance contracts ] :

DELETED: scrutiny reservation. 78

OJ L 144, 4.6.1997, p. 19. 79

DELETED: argued that instead of a reference to the general directive on distance contracts, the following definition proposed by DELETED in DS 1071/08 should be inserted in Article 2(2):

"Distance selling" means any sale system without the simultaneous physical presence of the supplier and the consumer, using one or more means of distance communication up to and including the moment at which the sale is concluded and the food is delivery to the consumer, guaranteeing the conditions of packing, transport, storage conditions and hygiene. Pres: Directive 97/7/EC includes indicative list of means of distance communication (internet might be added):

`means of distance communication' are any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a sale of food between those parties. Annex *: Means of distance communication covered by Article 2(2) (....) Unaddressed printed matter, Addressed printed matter, Standard letter, Press advertising with order form, Catalogue, Telephone with human intervention, Telephone without human intervention (automatic calling machine, audiotext), Radio, Videophone (telephone with screen), Videotex (microcomputer and television screen) with keyboard or touch screen, Electronic mail, Facsimile machine (fax), Television (teleshopping).

(a) mandatory food information shall be available before the purchase is concluded and shall

appear on the material supporting the distance selling or be provided through other

appropriate means ;

(b) the particulars provided in Article 9(1) points (d), (f), (g), (h) and (k) shall be mandatory only 82

at the moment of delivery.

Article 16

Language requirements

1.

Without prejudice to Article 9(2), mandatory food information shall appear in a language easily understood by the consumers of the Member States where a food is marketed.
2.

Within their own territory, the Member States in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of

the Community.

3.

Paragraphs 1 and 2 shall not preclude the particulars from being indicated in several languages.

DELETED: submitted the following alternative proposal:

"(a) the particulars provided in Article 9(1) points (a), (b), (c), (e), (i), (j), (k), (l) and in Article 10 shall be available before the purchase is concluded and shall appear on the material supporting the distance selling or be provided through other appropriate means; (b) all mandatory particulars shall be available at the moment of delivery." 81

DELETED: suggests adding: " provided that the customer can identify this means clearly and access it free of charge", so as the consumer can identify a mean other than distance selling when used.

DELETED: argued that all the particulars should be available before the purchase is concluded.

DELETED: wishes to exclude k) from indent b) and add e) therein. DELETED: wishes to keep only e) and f) under indent b).

Article 17

Omission of certain mandatory particulars

1.

In the case of glass bottles intended for reuse which are indelibly marked and which therefore bear no label, ring or collar only the particulars listed in Article 9(1) (a), (c), (e), (f) and (l)

shall be mandatory.

2.

In the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the

package or on the label. The particulars referred to in Article 9(1)(b) shall be provided

through other means or shall be available at the request of the consumer.

3.

Without prejudice to other Community legislation requiring mandatory nutrition declaration, the declaration referred to in Article 9(1)(l) shall not be mandatory for the foods listed in

Annex IV.

SECTION 2

DETAILED PROVISIONS ON MANDATORY PARTICULARS

Article 18

ame of the food

1.

The name of the food shall be its legal name. In the absence of such name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is

not used, a descriptive name of the food shall be provided.

2.

Specific provisions on the use of the name of the food and particulars that shall accompany it are laid down in Annex V.

Article 19

List of ingredients

1.

The list of ingredients shall be headed or preceded by a suitable heading which consists of or includes the word `ingredients'. It shall include all the ingredients of the food, in descending

order of weight, as recorded at the time of their use in the manufacture of the food.

2.

Ingredients shall be designated by their specific name, where applicable, in accordance with the rules laid down in Article 18 and in Annex V.
3.

Technical rules for applying paragraphs 1 and 2 are laid down in Annex VI.

Article 20

Omission of the list of ingredients

The following foods shall not be required to bear a list of ingredients:

(a) fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated;

(b) carbonated water, the description of which indicates that it has been carbonated;

(c) fermentation vinegars derived exclusively from a single basic product, provided that no other ingredient has been added;

(d) cheese, butter, fermented milk and cream, to which no ingredient has been added other than lactic products, enzymes and micro-organism cultures essential to manufacture, or in the case

of cheese other than fresh cheese and processed cheese the salt needed for its manufacture;

(e) wine as defined in Council Regulation (EC) No 1493/1999 479/2008 liqueur wines, sparkling wines, aromatised wines and spirits, alcoholic drinks covered by Council Regulation

(EEC) No 1601/91 and similar products obtained from fruits other than grapes,

aromatised beer, beer, and spirit drinks as defined in Article 2(1) of Regulation (EC) No

110/2008 [...] of [...] of the European Parliament and of the Council on the definition,

description, presentation, labelling and the protection of geographical indications of spirit

drinks and repealing Council Regulation (EEC) No 1576/89. The Commission shall produce a

report after [five years of the entry into force of this Regulation] concerning the application of

Article 19 on these products and may accompany this report by specific measures determining

the rules for labelling ingredients. Those measures designed to amend non-essential elements

of this Regulation, by supplementing it shall be adopted in accordance with the regulatory

procedure with scrutiny referred to in Article 49(3);

(f) foods consisting of a single ingredient, where:

(i) the name of the food is identical with the ingredient name; or

(ii) the name of the food enables the nature of the ingredient to be clearly identified.

DELETED: asked for a non exemption for the alcoholic drinks.

Article 21

Omission of constituents of food from the list of ingredients

The following constituents of a food shall not be required to be included in the list of ingredients:

(a) the constituents of an ingredient which have been temporarily separated during the manufacturing process and later reintroduced but not in excess of their original proportions;

(b) food additives and enzymes:

(i) whose presence in a given food is solely due to the fact that they were contained in one or more ingredients of that food, provided that they serve no technological function in

the finished product; or

(ii) which are used as processing aids;

(c) substances used in the quantities strictly necessary as solvents or media for nutritional substances, food additives, enzymes or flavouring;

(d) substances which are not food additives but are used in the same way and with the same purpose as processing aids and are still present in the finished product, even if in an altered

form;

(e) water:

(i) where the water is used during the manufacturing process solely for the reconstitution of an ingredient used in concentrated or dehydrated form; or

(ii) in the case of a liquid medium which is not normally consumed.

Article 22

Labelling of certain substances causing allergies or intolerances

1.

Any ingredient listed in Annex II or any substance originating from an ingredient listed in that Annex, subject to the exceptions thereof provided for in that Annex, shall be indicated on the

label with a precise reference to the name of the ingredient.

That indication shall not be required in cases where:

(a) the name of the food clearly refers to the ingredient concerned; or

(b) the ingredient listed in Annex II from which a substance originates is already included in the list of ingredients.

DELETED: with the support of DELETED, asked for the introduction of :"When that

indication is included in the list of ingredients, the ingredient listed in Annex II shall be written in characters that can be clearly distinguished from the rest of the text by the font colour or style."

2.

The list in Annex II shall be systematically re-examined and, where necessary, updated by the Commission on the basis of the most recent scientific and technical knowledge.

Those measures designed to amend non-essential elements of this Regulation by

supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny

referred to in Article 49(4).

3.

Where necessary, technical guidelines may be issued for the interpretation of the list in Annex II, in accordance with the procedure referred to in Article 49(2).

Article 23

Quantitative indication of ingredients

1.

The indication of the quantity of an ingredient or category of ingredients used in the manufacture or preparation of a food shall be required where:

(a) the ingredient or category of ingredients concerned appears in the name of the food or is usually associated with that name by the consumer; or

(b) the ingredient or category of ingredients concerned is emphasised on the labelling in words, pictures or graphics; or

(c) the ingredient or category of ingredients concerned is essential to characterise a food and to distinguish it from products with which it might be confused because of its name

or appearance.

2.

The Commission may amend paragraph 1 by adding other cases. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in

accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

3.

Technical rules for applying paragraph 1, including specific cases where the quantitative indication shall not be required in respect of certain ingredients, are laid down in Annex VII.

Article 24

et Quantity

1.

The net quantity of a food shall be expressed, using litres, centilitres, millilitres, kilograms or grams, as appropriate:

(a) in units of liquid in the case of liquids;

(b) in units of mass in the case of other products.

2.

The expression of the net quantity for certain specified foods in a different manner than the one described in paragraph 1 may be established by the Commission. Those measures

designed to amend the non-essential elements of this Regulation by supplementing it, shall be

adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

3.

Technical rules for applying paragraph 1, including specific cases where the indication of the net quantity shall not be required, are laid down in Annex VIII.

Delegations were informed about the recommendation OIML R 87. DELETED: concept to define in accordance with the Codex Alimentarius.

DELETED: asked for the addition of decilitres.

Article 25

Minimum durability date and `use by' date

1.

In the case of foods which, from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health, the

date of minimum durability shall be replaced by the `use by' date.

2.

The appropriate date shall be expressed in accordance with Annex IX.
3.

The manner of indicating the date of minimum durability referred to in point 1c of Annex IX may be specified in accordance with the procedure referred to in Article 49(2).

Article 26

Instructions for use

1.

The instructions for use of a food shall be indicated in such a way as to enable appropriate use to be made thereof.
2.

The Commission may lay down rules as regards the way in which those instructions shall be indicated in the case of certain foods. Those measures designed to amend non-essential

elements of this Regulation, by supplementing it shall be adopted, in accordance with the

regulatory procedure with scrutiny referred to in Article 49(3).

DELETED: this title should be changed to "date marking". 88

DELETED: The order of presentation of the date in DELETED is different of the general

ones. There is a need for a provision requiring the expression of the year with 4 digits, the explanation of the order or a double expression.

Article 27

Alcoholic strength

1.

The rules concerning indication of the alcoholic strength by volume shall, in the case of 89

[products classified under the Common Customs Tariff headings 22.04 and 22.05] , be those laid down in the specific Community provisions applicable to such products.

2.

The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of alcohol other than those referred to in paragraph 1 shall be indicated in accordance with

Annex X.

SECTION 3

NUTRITION DECLARATION

Article 28

Relation with other legislation

1.

The provisions of this Section shall not apply to foods within the scope of the following legislation:

(a) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002

on the approximation of the laws of the Member States relating to food supplements 90 ;

(b) Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the 91

Member States relating to the exploitation and marketing of natural mineral waters .

DELETED: considered that it is the products that should be specified, not the related codes. Pres: the headings should be up-dated or deleted.

OJ L 183, 12.7.2002, p. 51. 91

OJ L 229, 30.8.1980, p. 1.

2.

The provisions of this Section apply without prejudice to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs

intended for particular nutritional uses and specific Directives as referred to in Article 4(1) 93

of that Directive.

Article 29

Content

1.

The mandatory nutrition declaration shall include the following (hereinafter referred to as "mandatory nutrition declaration"):

(a) energy value; 95 96

(b) the amounts of fat , saturates, carbohydrates , with specific reference to sugars, and 97

salt . 98

OJ L 186, 30.6.1989, p. 27. 93

DELETED: wanted a reference to the dairy legislation. Cion recalled that it is covered by the general exemption of Article 1(4).

94 Pres: see respective footnote of Article 9 (1). DELETED: problem of consistency with the definition of "nutrition labelling" stated in Annex I.

FR: in the French version, please replace « lipides » by « matières grasses », more understandable for the consumers. 96

DELETED: would like to exclude carbohydrates of the mandatory list. 97

DELETED: and if food does not contain salt but sodium or natural sugar? Pres: added or natural sugars, sodium or salt. 98

DELETED: would like to add proteins. DELETED: opposed to the addition. DELETED: would like to add trans fats. DELETED: opposed.

This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999

479/2008, liqueur wines, sparkling wines, aromatised wines, and spirits alcoholic drinks

covered by Council Regulation (EEC) No 1601/91 and similar products obtained from

fruits other than grapes, aromatized beer, beer and spirit drinks as defined in Article 2(1) of Regulation (EC) No. [...] of [...] 110/2008 of the European Parliament and of the

Council on the definition, description, presentation, labelling and the protection of

geographical indications of spirit drinks and repealing Council Regulation (EEC) No

100

1576/89. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraph on these products and may

accompany this report by specific measures determining the rules for a mandatory nutrition

declaration for these products. Those measures designed to amend non-essential elements of

this Regulation, by supplementing it shall be adopted in accordance with the regulatory

procedure with scrutiny referred to in Article 49(3).

DELETED: would like to eliminate beer. 100

DELETED: reservation on the exemption of these drinks. DELETED: suggest:

"Beverages containing more than 1,2 % by volume of alcohol need only to comply with paragraph 1(a) of this Article"

2.

The [voluntary] nutrition declaration may also include the amounts of one or more of the following:

101

(a) trans fats ; (b) mono-unsaturates; (c) polyunsaturates; (d) polyols; (e) starch; (f) fibre;

(g) protein;

(h) any of the minerals or vitamins listed in point 1 of Part A of Annex XI, and present in significant amounts as defined in point 2 of Part A of Annex XI.

102

3.

Where a nutrition and/or health claim is made, the amount of the relevant nutrient or 103

[their] components referred to in paragraph 2 shall be declared .

4.

The lists in paragraphs 1 and 2 may be amended by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be

adopted, in accordance with the regulatory procedure with scrutiny referred to in

Article 49(3).

101

DELETED: it should be designated as trans fatty acids.

DELETED: it is the only negative element of the list. 102

DELETED: would like to add complex carbohydrates (need for a definition in Annex I), definition to be provided.

DELETED: would like to insert cholesterol. 103

DELETED: suggests as an alternative wording, for clarification:

"Where a nutrition and/or health claim is made on substances which belong to or are components of one of the categories of nutrients referred to in paragraph 1 and 2, the amount of the substances to which the claim relates shall be declared."

Article 30

104

Calculation

1.

The amount of energy shall be calculated using the conversion factors in Annex XII.
2.

Conversion factors for the vitamins and minerals mentioned in point 1 of Part A of Annex XI, in order to calculate more precisely their content in foods, may be set and included in

Annex XII by the Commission. Those measures designed to amend non-essential elements of

this Regulation by supplementing it shall be adopted in accordance with the regulatory

procedure with scrutiny referred to in Article 49(3).

3.

The amounts of energy and nutrients referred to in Article 29(1) and (2) shall be those of the food as sold.

Where appropriate, the information may relate to the food after preparation, provided that

sufficiently detailed preparation instructions are given and the information relates to the food

as prepared for consumption.

104

DELETED: asked for guidelines that would define the level of deviation that can be tolerated in case of control.

4.

The declared values shall, according to the individual case, be average values based on:

(a) the manufacturer's analysis of the food; or

(b) a calculation from the known or actual average values of the ingredients used; or (c) a calculation from generally established and accepted data.

The rules for implementing the declaration of energy and nutrients with regard to the

precision of the declared values such as the differences between the declared values and those

established in the course of official checks may be decided upon in accordance with the

procedure laid down in Article 49(2).

Article 31

Forms of expression

1.

The amount of energy and nutrients or their components referred to in Article 29(1) and (2) shall be expressed using the measurement units listed in Part A of Annex XIII
2.

The amount of energy and nutrients or their components referred to in paragraph 1 shall be expressed per 100 g or per 100 ml. It may, in addition, be expressed or, subject to

105

Article 32(2) and (3), per portion .

105

Cion: scrutiny reservation. DELETED proposed the following alternative drafting for Article 31:

"2. Subject to Article 32(1) the amount of energy and nutrients or their components referred to in paragraph (1) shall be expressed per 100 g or 100 ml or, subject to Article 32(2) and (3), per portion.

3.

Subject to paragraph 6, the mandatory nutrition declaration may also shall be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 gm or 100 ml or on a per portion basis, in accordance with the provisions established in Article 32(2). 4. (...). 5. (...).
6.

The reference intakes in Part B of Annex XI shall be provided by a decision of the Commission adopted in accordance with the procedure referred to in Article 49(4) after having taken appropriate advice from the European Food Safety Authority."
3.

The mandatory nutrition declaration shall be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or per

portion. When provided, the declaration on vitamins and minerals shall also be expressed as a

106

percentage of the reference intakes set out in point 1 of Part A of Annex XI .

4.

The declaration of polyols and/or starch and the declaration of type of fatty acids, other than the mandatory declaration of saturates referred to in Article 29(1)(b), shall be presented in

accordance with Annex XIII Part B.

Article 32

Expression on a per portion basis

1.

In addition to the nutrition declaration per 100g or per 100ml referred to in Article 31(2), the 107

information may be expressed per portion as quantified on the label, provided that the number of portions contained in the package is stated.

2.

The nutrition declaration may be expressed on a per portion basis alone if the food is 108

prepacked as an individual portion.

106

DELETED: the expression of the declaration as a percentage should be voluntary to not become an excessive burden to the SMEs.

DELETED: the expression by percentage needs to be clarify.

DELETED proposed the following alternative drafting for Article 31.3:

"In addition, the nutrition declaration may be expressed as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or per portion. When voluntarily provided, the declaration on vitamins and minerals may also be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex XI". 107

DELETED: consider that the notion of per portion should be better defined. 108

DELETED: agrees with the Cion proposal; the consumer is interested in the values of what

he eats.

3.

The expression on a per portion basis alone for foods presented in packages containing multiple portions of the food, that have not been prepacked as individual portions, shall be

established by the Commission. Those measures designed to amend non-essential elements of

this Regulation by supplementing it shall be adopted, in accordance with the regulatory

109

procedure with scrutiny referred to in Article 49(3) .

110

Article 33 Additional forms of expression

111

1.

In addition to the forms of expression referred to in Article 31(2) and (3) , the nutrition 112

declaration may be given by other forms of expression provided that the following essential requirements are met:

(a) the form of expression aims to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet; and

(b) it is based either on harmonised reference intakes, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients; and

(c) it is supported by evidence of understanding of and use of the presentation of the information by the average consumer.

109

DELETED proposes:

Provision for the expression on a per portion basis alone for foods presented in packages containing multiple portions of the food, that have not been prepacked as individual portions, shall be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 110

DELETED: wondered if this Article could be moved to the Chapter on voluntary schemes. 111

DELETED: wishes adding "and Article 34(5)". 112

DELETED: against different forms of expression on a voluntary basis; wish an harmonised system.

DELETED: wonder if we are prepared for an harmonised scheme; DELETED has a national scheme without the problems that the other delegations seem to fear.

Cion: to foresee the existence of voluntary national schemes is a way of controlling them.

2.

Such additional forms of expression referred to in paragraph 1 shall be identified under a national scheme referred to in Article 44.

Article 34

Presentation

1.

The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be 113

included in the principal same field of vision . They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturates, carbohydrates with

specific reference to sugars, and salt.

2.

The nutrition declaration in relation to the nutrients referred to in Article 29(2) shall appear together in one place and, as appropriate, in the order of presentation provided in Part C of

Annex XIII.

When this nutrition declaration does not appear in the principal field of vision, it shall be

presented in tabular form, with the numbers aligned if space permits. Where space does not

permit, the declaration shall appear in linear form.

3.

If the mandatory nutrition declaration appears together with the declaration on nutrients referred to in Article 29(2), the order of presentation of the energy and nutrients included in

the declaration shall be, as appropriate, in the order provided in Part C of Annex XIII.

114

4.

In cases where the amount of energy or nutrient(s) in a product is negligible , the nutrition declaration on those elements may be replaced by a statement such as `Contains negligible

amounts of ...' in close proximity to the nutrition declaration when present.

113

DELETED: the information should be included on the backside of the package. 114

DELETED: asked for a definition of "negligible". DELETED: why do not say zero?

115

5.

Graphical forms or symbols for the presentation of the nutrition declaration may be used under a national scheme referred to in Article 44 provided the following essential

requirements are met:

(a) such forms of presentation shall not mislead the consumer; and 116

(b) there shall be evidence of understanding of such forms of presentation by the average consumer.

6.

Rules relating to other aspects of presentation of nutrition declaration, other than those referred to in paragraph 5, may be established by the Commission. Those measures designed

to amend non-essential elements of this Regulation by supplementing it shall be adopted in

accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

CHAPTER V

VOLUNTARY FOOD INFORMATION

Article 35

Applicable requirements

1.

Where food information covered by this Regulation is provided on a voluntary basis, such information shall comply with the relevant specific requirements laid down in this Regulation.
2.

Without prejudice to labelling in accordance with specific Community legislation, in particular, Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural

products and foodstuffs as traditional specialities guaranteed and Council Regulation

(EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and

designations of origin for agricultural products and foodstuffs, paragraphs 3 and 4 shall 117

apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the European Community

or a given country or place.

115

DELETED: how to articulate with Article 35? 116

DELETED: asked for a definition of "evidence of understanding". 117

DELETED: reservation; proposes that Member States have the possibility to make the

3.

Where the country of origin or the place of provenance of the food is not the same as the one of its primary ingredient(s), the country of origin or place of provenance of those ingredient(s)

118

shall also be given .

4.

For meat, other than beef and veal, the indication on the country of origin or place of provenance may be given as a single place only where animals have been born, reared and

slaughtered in the same country or place. In other cases information on each of the different

places of birth, rearing and slaughter shall be given.

5.

Implementing rules concerning the application of paragraph 3 shall be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by

supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny

referred to in Article 49(3).

6.

Implementing rules concerning the conditions and criteria of use of particulars voluntarily provided may be established by the Commission. Those measures designed to amend non-

essential elements of this Regulation by supplementing it shall be adopted in accordance with

the regulatory procedure with scrutiny referred to in Article 49(3).

Article 36

Presentation

Voluntary information shall not be displayed to the detriment of the space available for mandatory

information.

indication of the origin of some products (ex: poultry) compulsory.

118

DELETED: alternative drafting: "Where the country of origin or the place of provenance of

the food is not the same as the one of its characterising and/or representing more than 50% of this food ingredient(s), the country of origin or place of provenance of those ingredient(s) shall also be given."

CHAPTER VI

NATIONAL PROVISIONS

Article 37

Principle

Member States may only adopt provisions in the field of food information where this is provided

for by this Regulation.

Article 38

ational provisions on additional mandatory particulars

1.

In addition to the mandatory particulars referred to in Article 9(1) and in Article 10, Member States may, in accordance with the procedure laid down in Article 42, require additional

mandatory particulars for specific types or categories of foods, justified on grounds of:

(a) the protection of public health; (b) the protection of consumers; (c) the prevention of fraud;

(d) the protection of industrial and commercial property rights, indications of provenance, 119

registered designations of origin and the prevention of unfair competition.

119

DELETED proposed as an alternative wording:

"1. In addition to the mandatory particulars referred to in Article 9(1) and in Article 10,

Member States may, in accordance with the procedure laid down in Article 42, require additional mandatory particulars further information for specific types or categories of foods, justified on grounds of at least one of the following reasons: (a)

the protection of public health;

(b) the protection of consumers by enabling them to make informed choices; (c) the prevention of fraud or;

(d) the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and the prevention of unfair competition." DELETED: scrutiny reservations. DELETED: opposed.

2.

By means of paragraph 1, Member States may introduce measures concerning the mandatory indication of the country of origin or place of provenance of foods only where there is a

proven link between certain qualities of the food and its origin or provenance. When notifying

such measures to the Commission, Member States shall provide evidence that the majority of

consumers attach significant value to the provision of this information.

Article 39

Milk and milk products

Member States may adopt measures derogating from Article 9(1) and Article 10(21) in the case of

milk and milk products presented in glass bottles intended for reuse.

They shall communicate to the Commission the text of those measures without delay.

Article 40

Alcoholic beverages

Member States may, pending the adoption of the Community provisions referred to in Article 20(e),

maintain national rules as regard the listing of ingredients in the case of beverages containing more

than 1,2 % by volume of alcohol.

120

Article 41 ational measures for non-prepacked food

1.

Where foods are offered for sale to the final consumer or to mass caterers without prepackaging, or where foods are packed on the sales premises at the consumer's request or

prepacked for direct sale, the Member States may adopt detailed rules concerning the manner

121

in which the particulars specified in Articles 9 and 10 are to be shown .

120

Pres: proposed the following alternative:

"1. Without prejudice to paragraphs 1a to 2, Where Articles 9 and 10 shall not apply to foods are offered for sale to the final consumer or to mass caterers without prepackaging, or where to foods which are packed on the sales premises at the consumer's request or prepacked for direct sale unless Member States adopt detailed rules requiring the provision of some or all the particulars referred to in Articles 9 and 10. Member States shall ensure that the consumer or mass caterer still receives sufficient information. , the Member States may adopt detailed rules concerning the manner in which the particulars specified in Articles 9 and 10 are to be shown. 1a Member States may decide not to require the provision of some of the particulars referred to in paragraph 1, other than those referred to in Article 9(1) (c), provided that the consumer or mass caterer still receives sufficient information. The particulars specified in Article 9(1)(c) shall always be indicated by the food business operator. " 2. Member States may adopt detailed rules concerning the manner in which the particulars specified in paragraphs 1 and 1a are to be shown. 3. Member States shall communicate to the Commission the text of the measures referred

to in paragraphs 1 and 2 without delay."

Corresponding change to the Article 14 (6):

6.

Without prejudice to Article 41(2), mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and [, where appropriate,] indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.

121

DELETED: propose replacing "shown" by "made available"

2.

Member States may decide not to require the provision of some of the particulars referred to in paragraph 1, other than those referred to in Article 9(1) (c), provided that the consumer or

122

mass caterer still receives sufficient information.

3.

Member States shall communicate to the Commission the text of the measures referred to in 123 124

paragraphs 1 and 2 without delay.

122

DELETED: reservation on the possibility of not requiring information on the presence of

allergens. In reality, for non pre-packed products, while being stocked, there a risk of crosscontamination. For pre-packed food, labelling of allergens should be better regulated.

123

DELETED: proposed, as an alternative wording:

"(1) Where foods are offered for sale to the final consumer or to mass caterers without

prepackaging, or where foods are packed on the sales premises at the consumer's request or prepacked for direct sale, the Member States may adopt detailed rules concerning the manner in which the particulars specified in Articles 9 and 10 are to be shown. a)

the particulars specified in Article 9 (1) (c) are to be provided by the food business operator; the Member States may adopt detailed rules concerning the manner in which these particulars are to be shown.

b)

the Member States may decide not to require the provision of all or some of the other particulars specified in Articles 9 and 10, provided that the consumer or mass caterer still receives sufficient information. They may also adopt rules concerning the manner in which these particulars are to be shown. (2) Member States may decide not to require the provision of some of the particulars

referred to in paragraph 1, other than those referred to in Article 9(1)(c), provided that the consumer or mass caterer still receives sufficient information.

(3) Member States shall communicate to the Commission the text of the measures referred

to in paragraphs 1 and 2 without delay taken under the second clause of section 1 (a), and under section 1(b)."

DELETED: expressed their support to this suggestion. 124

DELETED: proposed, as an alternative wording:

"(1) Articles 9 and 10 shall not apply to food offered for sale to the final consumer without

pre-packaging or where foods are packed on the sales premises at the consumer's request or prepacked for direct sale.

(2) Member States may decide to require the provision of some or all the particulars in Articles 9 and 10.

(3) The particulars in Articles 9(1)(c) shall be provided, but Member States may decide how this information is best presented."

Article 42

otification procedure

1.

When reference is made to this Article, the Member State which deems it necessary to adopt new food information legislation, shall notify in advance the Commission and the other

Member States of the measures envisaged and give the reasons justifying them.

2.

The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be

useful or if a Member State so requests.

3.

The Member State concerned may take the envisaged measures only three months after the notification referred to in paragraph 1, provided that it has not received a negative opinion

from the Commission.

4.

If the Commission's opinion is negative, it shall initiate the procedure referred to in Article 49(2) before the expiry of that three-month period in order to determine whether the

envisaged measures may be implemented. The Commission may require certain amendments

to be made to the envisaged measures. The Member State concerned may take the envisaged

measures only after the Commission has adopted its final decision.

5.

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and

125

regulations shall not apply to the measures falling within the notification procedure specified in paragraphs 1 to 4.

125

OJ L 204, 21.7.1998, p. 37.

Article 43

Detailed rules

Detailed rules for the application of this Chapter may be adopted by the Commission. Those

measures designed to amend non-essential elements of this Regulation by supplementing it shall be

adopted in accordance with the procedure referred to in Article 49(2).

CHAPTER VII

DEVELOPMENT OF NATIONAL SCHEMES

Article 44

126 127

ational Schemes

1.

Member States may adopt, recommend or otherwise endorse national schemes consisting of exclusively non-binding rules, such as recommendations, guidance, standards or any other

non binding rules, (hereinafter referred to as the `national schemes') aimed at ensuring the

application of the following provisions and in compliance with the essential requirements set

out therein:

(a) Article 33(2), relating to additional forms of expression of the nutritional declaration; (b) Article 34(5), relating to the presentation of the nutrition declaration.

126

DELETED: asked for a definition of "national scheme". 127

DELETED: the complementary forms of labelling should correspond to an harmonised

approach adopted by comitology rather than to national schemes. DELETED: national schemes would represent an extra-burden to SMEs. DELETED: national schemes would complicate the transmission of the message to the consumers. DELETED: Articles 36 and 45 would be sufficient to allow the use of national schemes. This Article is unnecessary.

DELETED: positive to the idea of national schemes. DELETED: a national scheme should

be precise and only adopted after following a careful examination by the experts. Need to provide for rules for the modification of the national schemes. DELETED: consider that voluntary schemes are important to improve consumers' healthy comportments.

DELETED: has no problems with national schemes.

2.

The implementation by national schemes of other provisions of food information law, in addition to those listed in paragraph 1, and the relevant essential requirements may be

established by the Commission. Those measures designed to amend non-essential elements of

this Regulation by supplementing it shall be adopted in accordance with the regulatory

procedure with scrutiny referred to in Article 49(3).

3.

National schemes may be developed by Member States on their own initiative or at the request of stakeholders in compliance with the general principles and requirements laid down

in Chapter II and III of this Regulation, and:

(a) as a result of sound consumer research; and

(b) following extensive consultation with a wide range of stakeholders drawing on best practices.

4.

National schemes shall include appropriate mechanisms to allow consumers to identify foods that are labelled in compliance with national schemes, to monitor the level of compliance with

the scheme and to assess its impact.

5.

Member States shall provide the Commission with the details of the national schemes referred to in paragraph 1, including an identifier for foods that are labelled in compliance with that

national scheme. The Commission shall make those details available to the public, in

particular through a dedicated page on the Internet.

6.

The Commission shall encourage and organise the exchange of information between Member States and with itself on matters relating to the adoption and implementation of the national

schemes. It shall encourage the participation of stakeholders to such exchange, in particular

through the Advisory Group on the Food Chain Animal and Plant Health set up by

Commission Decision 2004/613/EC of 6 August 2004 concerning the creation of an advisory

128

group on the food chain and animal and plant health .

7.

The Commission, after consulting with Member States, may adopt Guidelines concerning the application of this Article.

Article 45

Presumption of conformity

1.

Any food information provided in conformity with a national scheme shall be presumed to comply with the essential requirements referred to in Article 44(1) and (2).
2.

The application of national schemes shall not give rise to obstacles to the free movement of products.

128

OJ L 275, 25.8.2004, p. 17.

Article 46

Community measures

1.

If the Commission considers that a national scheme is not in compliance with the provisions of this Regulation, it may adopt a decision, after having informed the Committee referred to in

Article 49(1), requesting a Member State to repeal or amend that national scheme.

2.

The Commission may adopt implementing measures relating to the provisions referred to in Article 44(1) and (2). Those measures designed to amend non-essential elements of this

Regulation by supplementing it shall be adopted in accordance with the regulatory procedure

with scrutiny referred to in Article 49(3).

Article 47

Implementing rules

Detailed rules for the application of this Chapter may be adopted by the Commission. Those

measures designed to amend non-essential elements of this Regulation by supplementing it shall be

adopted in accordance with the procedure referred to in Article 49(2).

CHAPTER VIII

IMPLEMENTING, AMENDING AND FINAL PROVISIONS

Article 48

Technical adaptations

Subject to the provisions relating to the amendments to Annexes II and III referred to in

Article 10(2) and Article 22(2), the Annexes may be amended by the Commission. Those measures

designed to amend non-essential elements of this Regulation by supplementing it shall be adopted

in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).

Article 49

Committee

1.

The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health.
2.

Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.

Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4.

Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 50

Amendments to Regulation (EC) o 1924/2006

In Article 7 of Regulation (EC) No 1924/2006, the first and second paragraphs are replaced by the

following:

"The obligation and the modalities for providing information pursuant to [Chapter IV, Section

3 of Regulation (EC) No. ...of the European Parliament and of the Council]* where a

nutrition and/or health claim is made shall apply mutatis mutandis, with the exception of

generic advertising.

In addition, and as the case may be, the amount(s) of the substance(s) to which a nutrition or

health claim relates that does not appear in the nutrition labelling shall also be stated in the

same field of vision as the nutrition declaration and be expressed in accordance with

Articles 30 to 32 of [Regulation (EC) No ...].

*

OJ L ...,dd/mm/yyyy, p. ". ...

Article 51

Amendments to Regulation (EC) o 1925/2006

1.

In Article 6 of Regulation (EC) 1925/2006 paragraph 6 is replaced by the following:

"6. The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined

according to [point 2 of Part A of Annex XI of Regulation (EC) No ...]*. The minimum

amounts, including any lower amounts, by derogation from the significant amounts

mentioned above, for specific foods or categories of foods shall be adopted in

accordance with the procedure referred to in Article 14(2).

*

OJ L ...,dd/mm/yyyy, p. ". ...
2.

In Article 7 of Regulation (EC) 1925/2006 paragraph 3 is replaced by the following:

"3. Nutrition labelling of products to which vitamins and minerals have been added and which are covered by this Regulation shall be compulsory. The information to be

provided shall consist of that specified in Article 29(1) of [Regulation (EC) No ...] and

of the total amounts present of the vitamins and minerals when added to the food.".

129

Article 52 Repeal

1.

Directives 2000/13/EC, 87/250/EC, 94/54/EC, 1999/10/EC, 2002/67/EC, 2004/77/EC and Regulation (EC) No 608/2004 are repealed with effect from the date of the entry into force of

this Regulation.

2.

Directive 90/496/EEC is repealed from [5 years after the entry into force].
3.

References to the repealed acts shall be construed as references to this Regulation.

130

129

DELETED: this Article should be reviewed at the end of the examination of the proposal. 130

DELETED: there is a need for a provision with a transitory period for the disposal of stocks.

Article 53

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union.

Article 14(1) shall apply from [the first day of the month 3 years after the entry into force].

Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force]

except in the case of foods labelled by food business operators with, on the date of entry into force,

less than 10 employees and whose annual turnover and/or annual balance sheet total does not

exceed EUR 2 million where they shall apply [the first day of the month 5 years after the entry into

131

force] .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council The President The President

131

DELETED: transitory period should be of 5 years for all the food business operators.

ANNEX I to the ANNEX

SPECIFIC DEFINITIONS

As referred to in Article 2(4)

1.

`nutrition declaration' or `nutrition labelling' means information consisting of: (a) energy value; or

(b) energy value and one or more of the following nutrients and their components: fat (saturates, trans fat, mono-unsaturates, polyunsaturates) carbohydrate (sugars, polyols, starch) salt,

fibre,

protein,

any of the minerals or vitamins listed in Annex XI, Part A; point 1 and present in significant amounts as defined in Annex XI, Part A; point 2.

132

2.

`fat' means total lipids, and includes phospholipids, with the exclusion of phytosterols ; 3. `saturates' means fatty acids without double bond;
4.

`trans fat' means fatty acids with at least one non-conjugated (namely interrupted by at least one methylene group) carbon-carbon double bond in the trans configuration;
5.

`mono-unsaturates' means fatty acids with one cis double bond;
6.

`polyunsaturates' means fatty acids with cis, cis-methylene interrupted double bonds;
7.

`carbohydrate' means any carbohydrate which is metabolized in man, and includes polyols;
8.

`sugars' means all monosaccharides and disaccharides present in food, but excludes polyols; 133
9.

`polyols' means alcohols containing more than two hydroxyl groups;

132 DELETED/Cion: scrutiny reservation.

133

DELETED proposed to add polyols covered by legislation.

10.

`protein' means the protein content calculated using the formula: protein = total Kjeldahl

134

nitrogen × 6,25 ;

11.

`salt' means the salt content calculated using the formula: salt = sodium × 2,5;

11a. `fibre' means carbohydrate polymers with three or more monomeric units, which are

neither digested nor absorbed in the human small intestine and belong to the following

categories:

-- edible carbohydrate polymers naturally occurring in the food as consumed;

-- edible carbohydrate polymers which have been obtained from food raw material

by physical, enzymatic or chemical means and which have a beneficial

physiological effect demonstrated by generally accepted scientific evidence;

-- edible synthetic carbohydrate polymers which have a beneficial physiological effect

demonstrated by generally accepted scientific evidence' ; 12. `average value' means the value which best represents the amount of the nutrient which a

given food contains, and reflects allowances for seasonal variability, patterns of consumption

and other factors which may cause the actual value to vary;

13.

`principal field of vision' means the field of vision that is most likely to be displayed or

visible under normal or customary conditions of sale or use.

134

DELETED proposed to add "for proteins of dairy products: 6,38 and for proteins of soy products: 5.71".

ANNEX II to the ANNEX

INGREDIENTS CAUSING ALLERGIES OR INTOLERANCES

1.

Cereals containing gluten (namely wheat, rye, barley, oats, spelt, kamut or their hybridised strains) and products thereof, except:

135

(a) wheat based glucose syrups including dextrose ; 1

(b) wheat based maltodextrins ; (c) glucose syrups based on barley;

(d) cereals used for making distillates or ethyl alcohol of agricultural origin for spirit drinks

and other beverages containing more than 1,2 % by volume of alcohol 136 . 2. Crustaceans and products thereof. 3. Eggs and products thereof.

4.

Fish and products thereof, except:

(a) fish gelatine used as carrier for vitamin or carotenoid preparations; (b) fish gelatine or Isinglass used as fining agent in beer and wine. 5. Peanuts and products thereof.

135

And the products thereof, in so far as the process that they have undergone is not likely to increase the level of allergenicity assessed by the Authority for the relevant product from which they originated. 136

DELETED: derogation should apply as well to alcoholic beverages used for the production of food; hence correct 7 a) and 8 a).

6.

Soybeans and products thereof, except: (a) fully refined soybean oil and fat 1;

(b) natural mixed tocopherols (E306), natural D-alpha tocopherol, natural D-alpha tocopherol acetate, natural D-alpha tocopherol succinate from soybean sources;

(c) vegetable oils derived phytosterols and phytosterol esters from soybean sources; (d) plant stanol ester produced from vegetable oil sterols from soybean sources. 7. Milk and products thereof (including lactose), except:

(a) whey used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol;

(b) lactitol.

8.

Nuts, namely almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), walnuts (Juglans regia), cashews (Anacardium occidentale), pecan nuts (Carya illinoinensis (Wangenh.) K. Koch), Brazil nuts (Bertholletia excelsa), pistachio nuts (Pistacia vera),

macadamia nuts and Queensland nuts (Macadamia ternifolia), and products thereof, except:

(a) nuts used for making distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol.

9.

Celery and products thereof. 10. Mustard and products thereof.
11.

Sesame seeds and products thereof.
12.

Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre in the

terms of the total expressed as SO is to be calculated for products as proposed ready for 2

consumption or as reconstituted according to the instructions of the manufacturers

13.

Lupin and products thereof.
14.

Molluscs and products thereof.

ANNEX III to the ANNEX

FOODS FOR WHICH THE LABELLING MUST INCLUDE ONE OR MORE

ADDITIONAL PARTICULARS

TYPE OR CATEGORY OF FOOD PARTICULARS 1. FOODS PACKAGED IN CERTAIN GASES

1.1 Foods whose durability has been `Packaged in a protective atmosphere' extended by means of packaging gases authorised pursuant to Council Directive 89/107/EEC

137

2.

FOODS CONTAINING SWEETENERS 138

2.1 Foods containing a sweetener or `with sweetener(s)' this statement shall accompany the name of the food. sweeteners authorised pursuant to Directive 89/107/EEC

139

2.2 Foods containing both an added sugar `with sugar(s) and sweetener(s)' this statement shall accompany the name of the food. or sugars and a sweetener or sweeteners authorised pursuant to Directive 89/107/EEC

140

2.3 Foods containing aspartame authorised `contains a source of phenylalanine' pursuant to Directive 89/107/EEC

2.4 Foods containing more than 10 % added `excessive consumption may produce laxative effects' polyols authorised pursuant to Directive 89/107/EEC

3.

FOODS CONTAINING GLYCYRRHIZINIC ACID OR ITS AMMONIUM SALT

3.1 Confectionery or beverages containing `contains liquorice' shall be added immediately after the list of ingredients, unless the term "liquorice" is already included in the list of ingredients or in the name of the food. In absence of a list of ingredients, the statement shall accompany the name of the food. glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra, at concentration of 100 mg/kg or 10 mg/l or above.

3.2 Confectionary containing glycyrrhizinic `contains liquorice - people suffering from hypertension should avoid excessive consumption' shall be added immediately after the list of ingredients. In absence of list of ingredients, the statement shall accompany the name of the food. acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 4 g/kg or above.

3.3 Beverages containing glycyrrhizinic acid `contains liquorice - people suffering from

137

OJ L 40, 11.2.1989, p. 27. 138

DELETED: wish deleting this row. 139 DELETED: wish deleting this row.

140

DELETED: wish deleting this row.

or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 50 mg/l or above, or of 300 mg/l or above in the case of beverages containing more than 1,2 % by volume of alcohol hypertension should avoid excessive consumption' shall be added immediately after the list of ingredients. In absence of list of ingredients, the statement shall accompany the name of the food. 141

4.

BEVERAGES WITH HIGH CAFFEINE CONTENT

4.1 Beverages, with the exception of those `High caffeine content' in the same field of vision as the name of the beverage, followed by a reference in brackets and in accordance with Article 14(5) of this Regulation to the caffeine content expressed in mg/100 ml. based on coffee, tea or coffee or tea extract where the name of the food includes the term "coffee" or "tea", which:

are intended for consumption

without modification and contain caffeine, from whatever source, in a proportion in excess of 150 mg/l, or

are in concentrated or dried form and

after reconstitution contain caffeine, from whatever source, in a proportion in excess of 150 mg/l

5.

FOODS WITH ADDED PHYTOSTEROLS, PHYTOSTEROL ESTERS, PHYTOSTANOLS OR PHYTOSTANOL ESTERS

5.1 Foods or food ingredients with added (1) `with added plant sterols' or `with added

phytosterols, phytosterol esters, phytostanols or phytostanol esters plant stanols' in the same field of vision as the name of the food; (2) the amount of added phytosterols,

phytosterol esters, phytostanols or phytostanol esters content (expressed in % or as g of free plant sterols/plant stanols per 100 g or 100 ml of the food) shall be stated in the list of ingredients;

(3) a statement that the food is intended

exclusively for people who want to lower their blood cholesterol level;

(4) a statement that patients on cholesterol

lowering medication should only consume the product under medical supervision;

(5) an easily visible statement that the food

may not be nutritionally appropriate for pregnant or breastfeeding women and

141

The level shall apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers.

children under the age of five years;

(6) advice that the food is to be used as part

of a balanced and varied diet, including regular consumption of fruit and vegetables to help maintain carotenoid levels;

(7) in the same field of vision as the

statement required under point 3) above, a statement that the consumption of more than 3 g/day of added plant sterols/plant stanols should be avoided;

(8) a definition of a portion of the food or

food ingredient concerned (preferably in g or ml) with the amount of the plant sterol/plant stanol that each portion contains.

142

DELETED : suggests the addition of the following new point: 5. Surface treatment of fruits and vegetables Fruits and vegetables that have reviewed post-harvest surface treatment by use of additives or pesticides.

"Surface treated"

ANNEX III A to the ANNEX

DEFINITION OF X-HEIGHT AND CONTRAST

1.

X. HEIGHT
2.

CONTRAST

Contrast between the print and background - at least [70%] luminance ratio

ANNEX III B to the ANNEX

143

CRITERIA WHICH CAN AFFECT LEGIBILITY OF THE MANDATORY PARTICULARS

criteria measurement

-

text type and format - layout
-

print quality
-

white space around text - at least [80%] of font size - surfaces

143

DELETED: replace by a guide.

144

ANNEX IV to the ANNEX

FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT FOR THE

MANDATORY NUTRITION DECLARATION

145 146

unprocessed products that comprise a single ingredient or category of ingredients; processed products which the only processing they have been subjected to is [smoking or] 147 148

maturing and that comprise a single ingredient or category of ingredients; waters intended for human consumption, including those where the only added ingredients are carbon dioxide and/or flavourings;

149

a herb, a spice or mixtures thereof ; 150 151

salt and salt substitutes ; 152

products covered by Directive 1999/4/EC of the European Parliament and of the Council of

22 February 1999 relating to coffee extracts and chicory extracts 153 , whole or milled coffee beans and whole or milled decaffeinated coffee beans;

herbal infusion, tea, decaffeinated tea, instant or soluble tea or tea extract, decaffeinated instant or soluble tea or tea extract, which do not contain added ingredients;

144

DELETED: reservation 145

DELETED: there is a need for a definition of "unprocessed food".

146

DELETED: wondered what could be considered as a category of ingredients. 147

DELETED: smoking includes smoke + salt which makes 2 ingredients! Cion: accepts to

delete smoking.

148

DELETED: is drying covered? Cion: there a transformation of the products in terms of

weight and volume.

149

DELETED: add liquid spices.

150

DELETED: Often the substitutes of salt has lots of sodium.

151

DELETED: what would be the rules applicable to salt with added iodine or to low sodium

salt. Cion: if salt is a dietetic food it falls within the scope of the dietetic legislation.

152

DELETED: add sugar. DELETED add sugar and flour. DELETED: add sweeteners.

153

OJ L 66, 13.3.1999, p. 26.

fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings;

154

flavourings;

food additives;

processing aids; food enzymes; gelatine;

jam setting compounds; yeast; 2

food in packaging or containers the largest surface of which has an area of less than 25 cm ; food sold by private persons in the context of occasional activities, and not as part of an undertaking that would imply a certain continuity of activities and a certain degree of

organisation;

155

food directly supplied by the manufacturer of small quantities of products [to the final 156

consumer or to local retail establishments directly supplying the final consumer] ;

[food in inner package not designed for sale without the outer package (nutrition information shall be provided on the outer package unless it belongs to the categories of foods that are

157

exempted under this Annex)] .

154

DELETED: would add dried fruits and vegetables. 155

DELETED: there is a need for a definition of "small quantities"; DELETED: wondered if

the implementing guidelines of the hygiene package are applicable here as they contain a definition of small quantities. See http://ec.europa.eu/food/food/biosafety/hygienelegislation/guidance_doc_852-2004_en.pdf.

156

DELETED: would like to delete the last part of he sentence.

157

DELETED: this is a general rule applicable to labelling, this paragraph could be deleted. DELETED: operators raise many doubts about it. It is more clear if we keep it written.

ANNEX V to the ANNEX

NAME OF THE FOOD AND SPECIFIC ACCOMPANYING PARTICULARS

PART A NAME OF THE FOOD

1.

The use in the Member State of marketing of the name of the food under which the product is legally manufactured and marketed in the Member State of production shall be allowed.

However, where the application of the other provisions of this Regulation, in particular those

set out in Article 9, would not enable consumers in the Member State of marketing to know

the true nature of the food and to distinguish it from foods with which they could confuse it,

the name of the food shall be accompanied by other descriptive information which shall

appear in proximity to the name of the food.

2.

In exceptional cases, the name of the food of the Member State of production shall not be used in the Member State of marketing when the food which it designates is so different, as

regards its composition or manufacture, from the food known under that name that the

provisions of point 1 are not sufficient to ensure, in the Member State of marketing, correct

information for purchaser.

3.

No name protected as intellectual property, brand name or fancy name may be substituted for the name of the food.

PART B MANDATORY PARTICULARS ACCOMPANYING THE NAME OF THE

FOOD

1.

The name of the food shall include or be accompanied by particulars as to the physical condition of the food or the specific treatment which it has undergone (for example,

powdered, freeze-dried, deep-frozen, quick-frozen, defrosted, concentrated, smoked) in all

cases where omission of such information could mislead the purchaser.

2.

Foods treated with ionising radiation shall bear one of the following indications: `irradiated' or `treated with ionising radiation', and other indications as stated in the

directive 1999/2/CE.

PART C SPECIFIC REQUIREMENTS CONCERNING THE DESIGNATION OF

`MINCED MEAT'

1.

Composition criteria checked on the basis of a daily average:

Fat content Connective tissue: meat protein ratio

-- lean minced meat 7 % 12

-- minced pure beef 20 % 15 -- minced meat containing pigmeat 30 % 18

-- minced meat of other species 25 % 15

2.

By way of derogation from the requirements laid down in Chapter IV of Section V of Annex III to Regulation (EC) No 853/2004, the following words shall appear on the labelling:

`percentage of fat under...',

158

`connective tissue: meat protein ratio under...'. 3. The Member States may allow the placing on their national market of minced meat which does not comply with the criteria laid down in point 1 of this Part under a national mark that

cannot be confused with the marks provided for in Article 5(1) of

Regulation (EC) No 853/2004.

158

DELETED: asked for a reference to Article 10 of Regulation (EC) No 2076/2005.

ANNEX VI to the ANNEX

INDICATION AND DESIGNATION OF INGREDIENTS

PART A SPECIFIC PROVISIONS CONCERNING THE INDICATION OF

INGREDIENTS BY DESCENDING ORDER OF WEIGHT

Category of ingredient Provision concerning indication by weight

1.

Added water and volatile products Shall be listed in order of their weight in the finished product. The amount of water added

as an ingredient in a food shall be calculated

by deducting from the total amount of the

finished product the total amount of the other

ingredients used. This amount shall not be

required to be taken into consideration if it

does not exceed 5 % by weight of the

159

finished product .

2.

Ingredients used in concentrated or May be listed in order of weight as recorded dehydrated form and reconstituted at the before their concentration or dehydration. time of manufacture
3.

Ingredients used in concentrated or May be listed in order of proportion in the dehydrated foods, which are intended to reconstituted product provided that the list of be reconstituted by the addition of water ingredients is accompanied by an expression, such as `ingredients of the reconstituted

product', or `ingredients of the ready-to-use

product'.

159

DELETED: Add: "This derogation does not apply to non processed food"

4.

Fruit, vegetables or mushrooms, none of May be grouped together in the list of which significantly predominates in ingredients under the designation `fruit',

terms of weight and which are used in `vegetables' or `mushrooms' followed by the

proportions that are likely to vary, used phrase `in varying proportions', immediately in a mixture as ingredients of a food followed by a list of the fruit, vegetables or mushrooms present. In such cases, the

mixture shall be included in the list of

ingredients in accordance with Article 19 (1),

on the basis of the total weight of the fruit,

vegetables or mushrooms present.

5.

Mixtures of spices or herbs, where none May be listed in another order provided that significantly predominates in proportion that list of ingredients is accompanied by an by weight expression such as `in variable proportion'.
6.

Ingredients constituting less than 2 % of May be listed in a different order after the the finished product other ingredients.
7.

Ingredients which are similar or May be referred to in the list of ingredients mutually substitutable, likely to be used by means of the phrase `contains ... and/or in the manufacture or preparation of a ...', where at least one of no more than two

food without altering its composition, its ingredients is present in the finished product. nature or its perceived value, and in so This provision shall not apply to food

far as they constitute less than 2 % of the additives or to ingredients listed in Part C of finished product this Annex.

PART B DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF A

CATEGORY RATHER THAN A SPECIFIC NAME

Ingredients which belong to one of the categories of foods listed below and are constituents of

another food shall only be required to be named by the designation of that category.

Definition of category of food Designation 160

1.

Refined oils other than olive oil `Oil', together with either the adjective `vegetable' or `animal', as

appropriate, or

an indication of their specific vegetable or animal

origin

161

The adjective `hydrogenated' must accompany the indication of

a hydrogenated oil unless the

amount of saturates and trans fats

are included in the nutrition

declaration

2.

Refined fats `Fat', together with either the adjective `vegetable' or `animal', as appropriate, or

an indication of their specific vegetable or animal origin

The adjective `hydrogenated'

160

DELETED: delete the possibility of not indicating the origin of oil (same proposal for fats) 161

DELETED: proposition of new drafting: "the adjective fully or partly hydrogenated, as appropriated, must accompany the indication of a hydrogenated"

Definition of category of food Designation

must accompany the indication of a hydrogenated fat unless the amount of saturates and trans fats are included in the nutrition declaration

3.

Mixtures of flour obtained from two or more cereal species `Flour', followed by a list of the cereals from which it has been obtained, in descending order by weight 162
4.

Starches, and starches modified by physical `Starch' means or by enzymes
5.

All species of fish where the fish constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific species of fish `Fish'
6.

All types of cheese where the cheese or mixture of cheeses constitutes an ingredient of another food and provided that the name and presentation of such food does not refer to a specific type of cheese `Cheese' 7. All spices not exceeding 2 % by weight of the food `Spice(s)' or `mixed spices'
8.

All herbs or parts of herbs not exceeding 2 % by weight of the food `Herb(s)' or `mixed herbs' 9. All types of gum preparations used in the manufacture of gum base for chewing gum `Gum base' 10. All types of crumbed baked cereal products `Crumbs' or `rusks' as appropriate 11. All types of sucrose `Sugar'
12.

Anhydrous dextrose or dextrose monohydrate `Dextrose'
13.

Glucose syrup and anhydrous glucose syrup `Glucose syrup'
14.

All types of milk protein (caseins, caseinates and whey proteins) and mixtures thereof `Milk proteins' 15. Press, expeller or refined cocoa butter `Cocoa butter'

162

DELETED: would like to add "all types of".

Definition of category of food Designation

16.

All types of wine as defined in Council Regulation (EC) No 1493/1999 479/08 `Wine' 163 164
17.

Skeletal muscles of mammalian and bird species `... meat' and the name(s) of

recognised as fit for human consumption with naturally included or adherent tissue, where the total fat and connective tissue content does not exceed the values indicated below and where the meat constitutes an ingredient of another food. The products covered by the definition of `mechanically separated meat' are excluded from this definition. the animal species from which it comes Maximum fat and connective tissue contents for ingredients designated by the term `... meat'

Species Fat (%) Connective tissue 165

(%)

Mammals (other than rabbits and porcines) and mixtures of species with mammals predominating 25 25 Porcines 30 25

Birds and rabbits 15 10

If these maximum limits are exceeded, but all other criteria for the definition of `meat' are satisfied, the `... meat' content must be adjusted downwards accordingly and the list of ingredients must mention, in addition to the term `... meat', the presence of fat and/or connective tissue. 18. All types of products covered by the definition of `mechanically separated meat'. `mechanically separated meat' and the name(s) ( 3

) of the animal

166

species from which it comes

163

The diaphragm and the masseters are part of the skeletal muscles, while the heart, tongue, the muscles of the head (other than the masseters), the muscles of the carpus, the tarsus and the tail are excluded. 164

For labelling in English, this designation may be replaced by the generic name of the ingredient for the animal species concerned. 165

The connective tissue content is calculated on the basis of the ratio between collagen content and meat protein content. The collagen content means the hydroxyproline content multiplied by a factor of 8.

PART C DESIGNATION OF CERTAIN INGREDIENTS BY THE NAME OF THEIR

CATEGORY FOLLOWED BY THEIR SPECIFIC NAME OR EC NUMBER

Food additives and enzymes other than those specified in Article 21(b) belonging to one of the

categories listed in this Part must be designated by the name of that category, followed by their

specific name or, if appropriate, EC number. If an ingredient belongs to more than one of the

categories, the category appropriate to the principal function in the case of the food in question shall

be indicated. However, the designation `modified starch' must always be accompanied by the

indication of its specific vegetable origin, when that ingredient may contain gluten.

166

DELETED: distinguish the two types of MSM in order to bring the designation and the production modus (as stated in Annex II of Regulation, No 853/2004) together.

Acid

Acidity regulator

Anti-caking agent

Anti-foaming agent

Antioxidant

Bulking agent

Colour

Emulsifier

167

Emulsifying salts Firming agent

Flavour enhancer

Flour treatment agent

Gelling agent

Glazing agent

Humectant

168

Modified starch Preservative

Propellent gas

Raising agent

Stabiliser

Sweetener

Thickener

169

167

Only for processed cheeses and products based on processed cheeses. 168

The specific name or EC number shall not be required to be indicated. 169

DELETED: would like to add "foaming agents and sequestering agents" for the sake of consistency with the "improvement agents package"

PART D DESIGNATION OF FLAVOURINGS IN THE LIST OF INGREDIENTS

1.

Flavourings shall be designated either by the word `flavouring(s)' or by a more specific name or description of the flavouring.
2.

Quinine and/or caffeine used as a flavouring in the production or preparation of a food shall be mentioned by name in the list of ingredients immediately after the term

`flavouring(s)'.

3.

The word `natural' or any other word having substantially the same meaning may be used only for flavourings in which the flavouring component contains exclusively flavouring

substances as defined in Article 1(2)(b)(i) of Directive 88/388/EEC and/or flavouring

preparations as defined in Article 1(2)(c) of that Directive.

4.

If the name of the flavouring contains a reference to the vegetable or animal nature or origin of the incorporated substances, the word `natural' or any other word having

substantially the same meaning may not be used unless the flavouring component has been

isolated by appropriate physical processes, enzymatic or microbiological processes or

traditional food-preparation processes solely or almost solely from the food or the

flavouring source concerned.

PART E DESIGNATION OF COMPOUND INGREDIENTS

1.

A compound ingredient may be included in the list of ingredients, under its own designation in so far as this is laid down by law or established by custom, in terms of its

overall weight, and immediately followed by a list of its ingredients.

2.

The list of ingredients for compound ingredients shall not be compulsory:

(a) where the composition of the compound ingredient is defined in current Community legislation, and in so far as the compound ingredient constitutes less than 2 % of the

finished product; however, this provision shall not apply to food additives, subject to

the provisions of Article 21 (a) to (d); or

(b) for compound ingredients consisting of mixtures of spices and/or herbs that constitute less than 2 % of the finished product, with the exception of food additives,

subject to the provisions of Article 21 (a) to (d); or

ANNEX VII to the ANNEX

QUANTITATIVE INDICATION OF INGREDIENTS

1.

The quantitative indication shall not be required: (a) in respect of an ingredient or category of ingredients:

(i) the drained net weight of which is indicated in accordance with point 5 of Annex VIII; or

(ii) the quantities of which are already mandatory on the labelling under Community

provisions; or

(iii) which is used in small quantities for the purposes of flavouring; or

(iv) which, while appearing in the name of the food, is not such as to govern the choice

of the consumer in the country of marketing because the variation in quantity is not

essential to characterise the food or does not distinguish it from similar foods; or

(b) where specific Community provisions stipulate precisely the quantity of an ingredient or

of a category of ingredients without providing for the indication thereof on the labelling;

2.

Article 23(1) (a) and (b) shall not apply in the case of:

(a) any ingredient or category of ingredients covered by the indication `with sweetener(s)' or `with sugar(s) and sweetener(s)' if that indication accompanies the name of the food,

pursuant Annex III; or

(b) any added vitamin and mineral if that substance is subject to a nutrition declaration.

3.

The indication of quantity of an ingredient or category of ingredients shall: (a) be expressed as a percentage, which shall correspond to the quantity of the ingredient or

ingredients at the time of its/their use; and

(b) appear either in or immediately next to the name of the food or in the list of ingredients

in connection with the ingredient or category of ingredients in question.

170

4.

By way of derogation from point 3,

(a) where foods have lost moisture following heat treatment or other treatment, the quantity

shall be expressed as a percentage which shall correspond to the quantity of the

ingredient(s) used, related to the finished product, unless that quantity or the total

quantity of all the ingredients indicated on the labelling exceeds 100 %, in which case

the quantity shall be indicated on the basis of the weight of the ingredient(s) used to

prepare 100 g of finished product;

(b) the quantity of volatile ingredients shall be indicated on the basis of their proportion by

weight in the finished product;

(c) the quantity of ingredients used in concentrated or dehydrated form and reconstituted during manufacture may be indicated on the basis of their proportion by weight as

recorded before their concentration or dehydration;

(d) in the case of concentrated or dehydrated foods which are intended to be reconstituted by the addition of water, the quantity of the ingredients may be indicated on the basis of

their proportion by weight in the reconstituted product.

170

DELETED: would like to have a possibility of also having a quantitative indication on a

separate row in close proximity to the list of ingredients if the quantity is the quantity of a category of ingredients that is not mentioned in the list of ingredients.

ANNEX VIII to the ANNEX

NET QUANTITY DECLARATION

1.

The net quantity shall not be mandatory in the case of foods:

(a) which are subject to considerable losses in their volume or mass and which are sold by number or weighed in the presence of the purchaser; or

(b) the net quantity of which is less than 5 g or 5 ml; however, this provision shall not apply to spices and herbs.

2.

Where the indication of a certain type of quantity (such as the nominal quantity, minimum quantity, average quantity) is required by Community provisions or, where there are none, by

national provisions, this quantity shall be regarded as the net quantity for the purposes of this

Regulation.

3.

Where a prepacked item consists of two or more individual prepacked items containing the same quantity of the same product, the net quantity shall be indicated by mentioning the net

quantity contained in each individual package and the total number of such packages. The

indication of those particulars shall not, however, be mandatory where the total number of

individual packages can be clearly seen and easily counted from the outside and where at least

one indication of the net quantity contained in each individual package can be clearly seen

from the outside.

4.

Where a prepacked item consists of two or more individual packages which are not regarded as units of sale, the net quantity shall be given by indicating the total net quantity and the total

171

number of individual packages.

5.

Where a solid food is presented in a liquid medium, the drained net weight of the food shall 172

also be indicated .

For the purposes of this point, `liquid medium' shall mean the following products, possibly in

mixtures and also where frozen or quick-frozen, provided that the liquid is merely an adjunct

to the essential elements of that preparation and is thus not a decisive factor for the purchase:

water, aqueous solutions of salts, brine, aqueous solutions of food acids, vinegar, aqueous

solutions of sugars, aqueous solutions of other sweetening substances, fruit or vegetable juices

in the case of fruit or vegetables.

171

DELETED: suggests " Where a prepacked item consists of two or more individually

packages prepacked or not prepacked portions/items which are not regarded as units of sale, the net quantity shall be given by indicating the total net quantity and the total number of individual packages portions/items."

172

DELETED: proposes that glazed products to be excluded from this provision in accordance with Codex Alimentarius standards for prawns and other glazed products.

ANNEX IX to the ANNEX

DATE OF MINIMUM DURABILITY

1.

The date of minimum durability shall be indicated as follows: (a) The date shall be preceded by the words:

`Best before ...' when the date includes an indication of the day, `Best before end ...' in other cases.

(b) The words referred to in point (a) shall be accompanied by: either the date itself, or

a reference to where the date is given on the labelling.

If need be, these particulars shall be followed by a description of the storage 173

conditions which must be observed if the product is to keep for the specified period.

which will not keep for more than three months, an indication of the day and the month shall be sufficient,

which will keep for more than three months but not more than 18 months, an indication of the month and year shall be sufficient,

which will keep for more than 18 months, an indication of the year shall be sufficient.

173

DELETED: the storage conditions should appear immediately after the date.

(d) Subject to Community provisions imposing other types of date indication, an indication of the date of minimum durability shall not be required for:

fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated; this derogation shall not apply to sprouting seeds and similar

products such as legume sprouts,

wines, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, and beverages falling within CN codes

22060091, 22060093 and 22060099 and manufactured from grapes or grape

174

musts,

beverages containing 10 % or more by volume of alcohol,

soft drinks, fruit juices, fruit nectars and alcoholic beverages containing more than 1,2 % by volume of alcohol in individual containers of more than five litres,

175

intended for supply to mass caterers,

bakers' or pastry cooks' wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture,

vinegar,

174

DELETED: except when the recipient in which they are sold is not in glass.

175

DELETED: suggests deleting this hyphen.

cooking salt, solid sugar,

confectionery products consisting almost solely of flavoured and/or coloured sugars,

chewing gums and similar chewing products, 176

individual portions of ice-cream. 177

2.

The `use by' date shall be indicated as follows: (a) It shall be preceded by the words `use by ...'; (b) The words in point (a) shall be accompanied by: either the date itself, or

a reference to where the date is given on the labelling.

Those particulars shall be followed by a description of the storage conditions which must be observed.

176

DELETED: suggests deleting this hyphen. 177

DELETED: add "Packaged food kept warm", because it should be quickly eaten.

ANNEX X to the ANNEX

ALCOHOLIC STRENGTH

The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of

alcohol shall be indicated by a figure to not more than one decimal place. It shall be followed by the

178 179

symbol `% vol.' and may be preceded by the word `alcohol' [or the abbreviation `alc'] . The alcoholic strength shall be determined at 20°C.

Positive and negative allowed tolerances in respect of the indication of the alcoholic strength by

volume and expressed in absolute values shall be as listed in the following table. They shall apply

without prejudice to the tolerances deriving from the method of analysis used for determining the

alcoholic strength.

Description of beverage Positive or negative tolerance

1.

Beers having an alcoholic strength not 0,5 % vol. exceeding 5,5 % vol.; beverages [classified

under subheading 22.07 B II of the

Common Customs Tariff] and made from

grapes

2.

Beers having an alcoholic strength 1 % vol. exceeding 5,5 % vol.; beverages [classified

under subheading 22.07 B I of the Common

Customs Tariff] and made from grapes;

ciders, perries, fruit wines and the like,

obtained from fruits other than grapes,

whether or not semi-sparkling or sparkling;

beverages based on fermented honey

3.

Beverages containing macerated fruit or 1,5 % vol. parts of plants
4.

Any other beverages containing more than 0,3 % vol. 1,2 % by volume of alcohol

178

DELETED: to be replaced by "shall". 179

DELETED: the abbreviation is not clear enough.

ANNEX XI to the ANNEX

REFERENCE INTAKES

PART A REFERENCE INTAKES FOR VITAMINS AND MINERALS (ADULTS)

1.

Vitamins and minerals which may be declared and their recommended daily allowances 180 181 182

(RDAs )

Vitamin A ( g) 800 Potassium (mg) 2000 Vitamin D ( g) 5 Chloride (mg) 800 Vitamin E (mg) 12 Calcium (mg) 800

Vitamin K ( g) 75 Phosphorus (mg) 700 Vitamin C (mg) 80 Magnesium (mg) 375 Thiamin (mg) 1,1 Iron (mg) 14

Riboflavin (mg) 1,4 Zinc (mg) 10 Niacin (mg) 16 Copper (mg) 1

Vitamin B6 (mg) 1,4 Manganese (mg) 2

Folic acid ( g) 200 Fluoride (mg) 3,5 Vitamin B12 ( g) 2,5 Selenium( g) 55 Biotin ( g) 50 Chromium ( g) 40

Pantothenic acid 6 Molybdenum ( g) 50 (mg)

Iodine ( g) 150

180

DELETED: replace by " utrition reference values". 181

The following values were updated by Commission Directive 2008/100/EC of 28 October 2008. 182

DELETED: add "for the purposes of labelling".

2.

Significant amount of vitamins and minerals 183

As a rule, 15 % of the recommended allowance specified in point 1 supplied by 100 g or 100 ml or per package if the package contains only a single portion should be taken into

consideration in deciding what constitutes a significant amount.

PART B REFERENCE INTAKES FOR ENERGY AND SELECTED NUTRIENTS

OTHER THAN VITAMINS AND MINERALS (ADULTS)

184

Energy or nutrient Reference Intake Energy 8400 kJ (2000 kcal) Total fat 70 g Saturates 20 g

Carbohydrate 230 g Sugars 90 g Salt 6 g

183

DELETED: referring to the Codex Alimentarius, to be replaced by - 15% of RDA by 100 g or per portion for solids;

-

7,5% of RDA by 100 ml or per portion for liquids; - or 5% of RDA by 100 kcal;
-

or a quantity established according to Article 6 of Regulation No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods. 184

DELETED: proposed that all the values should be evaluated by EFSA.

ANNEX XII to the ANNEX

CONVERSION FACTORS

CONVERSION FACTORS FOR THE CALCULATION OF ENERGY

The energy value to be declared shall be calculated using the following conversion factors:

-- carbohydrate (except 4 kcal/g --17 kJ/g polyols)

-- polyols 2,4 kcal/g --10 kJ/g -- protein 4 kcal/g --17 kJ/g -- fat 9 kcal/g --37 kJ/g

-- salatrims 6 kcal/g -- 25 kJ/g

-- alcohol (ethanol) 7 kcal/g --29 kJ/g -- organic acid 3 kcal/g -- 13 kJ/g -- fibre 2 kcal/g 8 kJ/g

-- erythritol 0 kcal/g 0 kJ/g

ANNEX XIII to the ANNEX

EXPRESSION AND PRESENTATION OF NUTRITION DECLARATION

PART A EXPRESSION OF THE NUTRITION DECLARATION

The units to be used in the nutrition declaration shall be the following:

-- energy kJ and kcal -- fat grams (g) -- carbohydrate

-- fibre

-- protein

-- salt

-- vitamins and minerals the units specified in point 1 of Part A of

Annex XI

-- other substances units as appropriate for the individual

substances

concerned

PART B ORDER OF PRESENTATION OF NUTRITION DECLARATION ON

COMPONENTS OF CARBOHYDRATE AND FAT

1.

Where polyols and/or starch are declared, this declaration shall be included in the following order:

carbohydrate g of which:

-- sugars g

-- polyols g -- starch g

2.

Where the amount and/or type of fatty acid is declared, this declaration shall be included in the following order:

fat g of which:

-- saturates g

-- trans fats g

-- mono-unsaturates g -- polyunsaturates g

PART C ORDER OF PRESENTATION OF ENERGY AND NUTRIENTS APPEARING

IN A NUTRITION DECLARATION

The order of presentation of the information on the energy and nutrients, as appropriate, shall be the

following:

energy kJ and kcal fat g

of which

-- saturates g

-- trans fats g

-- mono-unsaturates g -- polyunsaturates g carbohydrate g of which

-- sugars g

-- polyols g -- starch g fibre g

protein g salt g

vitamins and minerals the units specified in point 1 of Part A of Annex XI

___________________

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Proposal for a Regulation of the European Parliament and of the Council on the provision of food information to consumers - Hoofdinhoud

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publicatiedatum	18-02-2009
kenmerk	6658/09