Bulletin of the European Communities. No 2/1989, Volume 22.

ECSC,EU activity,EU policy,EU publication,European Community,common strategy,customs union,deepening of the European Union,enlargement of the Union,international relations,serial publication

ECSC
EU activity
EU policy
EU publication
European Community
common strategy
customs union
deepening of the European Union
enlargement of the Union
international relations
serial publication


AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON NUTRITION LABELLING RULES FOR FOODSTUFFS INTENDED FOR SALE TO THE ULTIMATE CONSUMER

consumer information,directive (EU),foodstuff,foodstuffs legislation,labelling,nutrition

consumer information
directive (EU)
foodstuff
foodstuffs legislation
labelling
nutrition

COMMISSION OF THE EUROPEAN COMMUNITIES

COM (89) 420 final - SYN 155

Brussels, 25

August 1989

Amended Proposal for a

COUNCIL DIRECTIVE

on nutrition labelling rules for

foodstuffs intended for sale to the ultimate consumer

([C0M(88) 489 final of 5 October 1988]

(presented by the Commission pursuant to the third

paragraph of article 149 of the EEC Treaty)

- 2 -

EXPLANATORY NOTE

In October 1988 the Commission submitted to the Council two proposals for

Council Directives on nutrition labelling; the first on the Introduction of

compulsory nutrition labelling of foodstuffs Intended for sale to the

ultimate consumer and the second on nutrition labelling rules for
foodstuffs intended for sale to the ultimate consumer(1>

In response to the opinion delivered by the European Parliament^) on the

abovementioned proposals and In accordance with the third paragraph of

article 149 of the Treaty establishing the European Economic Community, the

Commission has decided to amend Its proposal on nutrition labelling rules

for foodstuffs Intended for sale to the ultimate consumer. Given the scope of the amendments involved a consolidated text Is

presented. (1) OJ C 282, 5. 11. 1988, P. 8

(2)

- 3 -

Amended Proposal for a

COUNCIL DIRECTIVE

on nutrition labelling rules for foodstuffs Intended for

sale to the ultimate consumer

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

and in particular Article 100A thereof,

Having regard to the proposal from the Commission1,

In cooperation with the European Parliament2,

Having regard to the Opinion of the Economic and Social Committee3,

Whereas It Is important that measures should be adopted with a view to the

progressive establishment of the Internal market by 31 December 1992;

whereas the Internal market will embrace an area without Internal frontiers

in which the freedom of movement is ensured for goods, persons, services

and capital ;

Whereas there is growing public Interest In the relationship between diet

and health and the choice of an appropriate diet to suit Individual needs;

- 4 -

Whereas the Council and the representatives of the governments of the

Member States meeting within the Council, in their Resolution of 7 July
19864 on the European Programme against cancer, retained the Improvement

of nutrition as a priority;

Whereas the knowledge of basic principles of nutrition and appropriate

nutrition labelling of foodstuffs would go a long way In enabling the

consumer to make this choice;

Whereas the provision of nutrition labelling should stimulate more action

in the area of nutrition education for the public;

Whereas, for the benefit of the consumer on the one hand, and to avoid any

possible technical barriers to trade on the other, nutrition labelling

should be presented In a standardized format applying Community wide;

Whereas foodstuffs bearing nutrition labelling should conform to the rules

laid down In this Directive;

Whereas all other forms of nutrition labelling should be prohibited but

foodstuffs bearing no nutrition labelling should be able to circulate

freely;

Whereas, to appeal to the average consumer and to serve the purpose for

which It is introduced, and given the currently-estimated low level of

knowledge on the subject of nutrition, the Information provided should be

simple and easily understood;

Whereas the rules laid down In this Directive should also take into account

the Codex Ailmentarius Guidelines on Nutrition Labelling;

4 OJ C 184 of 23. 7. 1986, p. 19

- 5 -

Whereas general labelling provisions and definitions are contained in

Council Directive 79/112/EEC of 18 December 1978 on the approximation of

the laws of the Member States relating to the labelling, presentation and
advertising of foodstuffs for sale to the ultimate consumer1, and

therefore need not be repeated; whereas the present Directive can

therefore be confined to those provisions pertaining to nutrition

Iabe111ng,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive concerns nutrition labelling of foodstuffs to be

delivered as such to the ultimate consumer. It shall also apply to

foodstuffs intended for supply to restaurants, hospitals, canteens and

similar mass caterers. 2. For the purposes of this Directive:

(a) "Nutrition labelling" shall mean any Information appearing In

labelling and relating to:

(I) energy,

(II) nutrients: protein, carbohydrate, fat, dietary fibre, vitamins

and minerals. (b) "Nutrition claim" shall mean any representation which states, suggests

or implies that a food has particular properties as to the energy It

provides and/or the nutrient It contains. However, quantitative or

qualitative declaration of certain nutrients, If required by

legislation, do not constitute a nutrition claim. 1 OJ NO 33, 8. 2. 1979, p. 1. - 6 -

(c) "Protein" shall mean the protein content calculated using the formula:

Protein - Total KJeldahl Nitrogen x 6. 25. However, a factor of 6. 38 may be used if all the protein present Is

mi Ik protein. (d) "Carbohydrate" shall mean any carbohydrate which is metabolized in man

and includes sugar alcohols. (e) "Sugars" means all monosaccharides and disaccharIdes present in food

but excludes sugar alcohols

(f) "Fat" shall mean total lipids and shall include phospholipids. (g) "Saturates" shall mean fatty acids, I. e. fatty acids without double

bond. (h) "Monounsaturates" shall mean fatty acids with one els double bond. (I) "Polyunsaturates" shall mean fatty acids with cis, cls-methylene

interrupted double bonds. (j) "Dietary fibre" shall mean the material measured by the method of

analysis to be determined in accordance with the procedure laid down

In Article 8^_

(k) "Average value" shall mean the value of a nutrient 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. - 7 -

Article 2

1. Nutrition labelling shall be compulsory when a nutrition claim is made

in labelling or advertising. 2. Nutrition labelling Is optional In all other cases. Article 3

1•

For the purpose of this Directive two groups of Information are

defined as fol lows:

Group 1

(a) energy

(b) the amounts of protein, carbohydrate, and fat

Group 2

(a) energy

(b) the amounts of protein, carbohydrate, sugars, fat, saturates, dietary

fibre and sodium

When nutrition labelling Is provided the Information given shall consist of

either group 1 or group 2 In the given order. 1

- 8 -

2. Nutrition labelling may also Include the amounts of one or more of the

fo11owIng:

starch;

sugar alcohols;

monounsaturates;

polyunsaturates;

any of the vitamins or minerals listed in the Annex and

present in significant amounts as defined In that Annex. 3. When a nutrition claim Is made for sugars, saturates, dietary fibre or

sodium the information given shall consist of group 2. 4. The declaration of a nutrient listed In paragraph 2 for which a

nutrition claim Is made shall be compulsory. In addition, when the amount

of polyunsaturates and/or monounsaturates is given, the amount of saturates

shall also be given, the declaration of the latter not constituting a claim

within the meaning of paragraph 3. Article 4

The energy value to be declared shall be calculated using the following

conversion factors:

Carbohydrates (except sugar alcohols)

4

kcal/g - 17 kJ/g

Sugar alcohols

Protein

Fat

Alcohol (Ethanol)

Organic Acid

2. 4 kcal/g - 10 kJ/g

4

•

7

3

kcal/g - 17 kJ/g

kcal/g - 37 kJ/g

kcal/g - 29 kJ/g

kcal/g - 13 kJ/g. - 9 -

Article 5

1. The declaration of the energy value and of the nutrient content shall

be numerical. The units to be used are the following:

Energy - kJ and kcal

Protein

Carbohydrate

Fat

Dietary Fibre

Sodium

grams (g)

Vitamins and Minerals

) the units specified In the Annex. 2. Information shall be expressed per 100 g or per 100 ml or per package

where the package contains only a single portion of less than 100 g. In

addition, this Information may be given per serving as quantified on the

label or per portion, provided that the number of portions contained In the

package is stated. 3. The amounts mentioned shall be those of the food as sold. Where

appropriate, information on a prepared basis may be given In addition,

providing sufficiently detailed specified preparation Instructions are

given and the information relates to the food as prepared for consumption. 4. a)

Information on vitamins and minerals may In addition be epxressed as

a percentage of the Recommended Daily Allowance (RDA) given in the Annex

per amounts as specified above. ê-

- 10 -

b) The percentage of the Recommended Daily Allowance (RDA) for vitamins

and minerals may also be given as part of graphic representation. Implementing provisions for this subparagraph may be adopted In accordance

with the procedure laid out In article 8. 5. Where starch and/or sugar alcohols Is declared, this declaration shall

follow Immediately the declaration of the carbohydrate and sugars content

in the following format, as the case may be:

Carbohydrate

Sugars

Sugar alcohols

Starch

g, of whIch:

g

g

g. 6. Where the amount and/or type of fatty acids Is declared, this

declaration shall follow immediately the declaration of the total fat in

the following format, as the case may be:

Fat

Saturates

Monounsaturates

PoIyunsaturates

g, of wh I ch :

g

g

g. 7. The figures declared shall be derived average values based on, as the

case may be:

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

(b) calculation from knowledge of the actual or average values of the

Ingredients used;

(c) calculations from generally acceptable data. A

- 11 -

Article 6

1. The Information covered by this Directive shall appear all together in

one place In tabular form, if space permits, with the numbers aligned. Where space does not permit, the linear form shall be used. It shall be marked In a consplclous place In such a way as to be easily

visible, clearly legible and indelible. It shall not In any way be hidden, obscured or interrupted by other written

or pictorial matter. 2. Member States shall ensure that the Information covered by this

Directive appears In a language easily understood by purchasers, unless

other measures have been taken to ensure that the purchaser Is Informed. This provision shall not prevent such Information from being Indicated In

various languages. 3. Member States shall' refrain from laying down requirements more

detailed than those already contained In this Directive concerning

nutrition labelling. Article 7

The amendements necessary to adapt the conversion factors Included In

article 4 and the list of vitamins and minerals and their recommended dally

allowance Included In the Annex to scientific and technical progress shall

be adopted In accordance with the procedure laid down In article 8. Article 8

Where the procedure laid down in this Article Is to be followed, the

Representative of the Commission shall submit to the Standing Committee a

J*

- 12 -

dra$ of the measures to be taken. The Committee shall deliver Its

Opinion on the draft within a time limit which the Chairman may lay down

according to the urgency of the matter If necessary by taking a vote. The Opinion shall be recorded in the minutes; in addition, each Member

States shall have the right to ask to have Its position recorded in the

minutes. The Commission shall take the utmost account of the opinion delivered by

the Committee. It shall Inform the Committee of the manner in which Its

opinion has been taken Into account. Article 9

Member States shall take the necessary measures to comply with this

Directive. They shall forthwith inform the Commission thereof. Those

measures shall be applied in such a way as to:

- permit trade In products complying with this Directive, by. 1;

- prohibit trade in products which do not comply with this Directive, with

effect from. 2

Article 10

This Directive Is addressed to the Member States. Done at

For the Council

The President

1 18 months after the notification

2 36 months after the notification

A

- 13 -

ANNEX

VITAMINS AND MINERALS WHICH MAY BE DECLARED

AND THEIR RECOMMENDED DAILY ALLOWANCES (RDAs)

Vitamin A JJLQ

Vitamin D fig

Vitamin E mg

Vitamin C mg

Thiamin mg

Riboflavin mg

Niacin mg

Vitamin B6 mg

Folacln fiQ

Vitamin B12 /ig

Blot In mg

Pantothenic acid mg

Calcium mg

Phosphorus mg

Iron mg

Magnesium mg

Zinc mg

Iodine /ig

1 000

5

10

60

1. 4

1. 6

18

2

400

3

0. 15

6

800

800

12

300

15

150

As a rule, 15% of the recommended Intake specified In this Annex supplied

by 100 g or 100 ml or per package if the package contains only a single

portion of less than 100 g should be taken Into consideration in deciding

what constitutes a significant amount. M

ISSN 0254-1475

COM(89) 420 final

DOCUMENTS

!5

25. 8. 1989

EN

Catalogue number : CB-CO-89-366-EN-C

ISBN 92-77-52566-5

Office for Official Publications of the European Communities
L-2985 Luxembourg


Commission Regulation (EEC) No 2594/89 of 25 August 1989 opening a standing invitation to tender for the supply to Poland of 200 000 tonnes of bread-making common wheat held by the German intervention agency and amending Regulation (EEC) No 2557/89

Germany,Poland,award of contract,cereals of bread-making quality,common wheat,intervention agency

Germany
Poland
award of contract
cereals of bread-making quality
common wheat
intervention agency