Directive 1999/10 - For derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs - Main contents

official title

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1), as last amended by European Parliament and Council Directive 97/4/EC (2), and in particular Article 7(3)(d) and (4) thereof,

Whereas Article 7(2)(a) and (b) of Directive 79/112/EEC provide that the quantity of an ingredient is to be stated on the labelling of a foodstuff where the ingredient concerned appears in the name under which the foodstuff is sold or is emphasised on the labelling;

Whereas, on the one hand, Commission Directive 94/54/EC (3), as amended by Council Directive 96/21 /EC (4), requires the particulars ‘with sweeteners)’ or ‘with sugar(s) and sweeteners)’ to be indicated on the labelling of products containing such ingredients; whereas those particulars must accompany the name under which the product is sold;

Whereas the indication of those particulars required by Directive 94/54/EC has the effect of making it obligatory to indicate the quantity of this ingredient or these ingredients in accordance with Article 7(2)(a) and/or (b) of Directive 79/112/EEC;

Whereas, however, indication of the quantity of sweeteners is unlikely to govern the consumer's choice when purchasing the product;

Whereas, on the other hand, the inclusion of particulars relating to the addition of vitamins and minerals has the effect of making nutrition labelling obligatory in accordance with Council Directive 90/496/EEC (5); Whereas such particulars are regarded as an integral part of the name under which the product is sold or as emphasising an ingredient within the meaning of Article 7(2)(a) and/or (b) of Directive 79/112/EEC, thereby making the indication of the quantity of vitamins and minerals compulsory;

Whereas duplicated information of this kind is not useful to consumers and could even mislead them, inasmuch as quantity is indicated as a percentage under Article 7(4) of Directive 79/112/EEC and in mg on nutrition labelling;

Whereas under these circumstances, it is necessary to provide for further exceptions to the rule of indicating the quantities of ingredients;

Whereas Article 7(4) of Directive 79/112/EEC states that the quantity indicated, expressed as a percentage, must correspond to the quantity of the ingredient or ingredients at the time of its/their use; whereas that paragraph nevertheless provides for derogations from that principle;

Whereas, furthermore, the composition of certain foodstuffs is appreciably changed by cooking or other processes causing dehydration of their ingredients;

Whereas a derogation from the method for calculating the quantity of ingredients laid down by Article 7(4) of Directive 79/112/EEC is necessary for these products in order to better reflect the true composition of the foodstuff and thereby avoid misleading the consumer,

Whereas Article 6(5)(a) of Directive 79/112/EEC applies the same principle to the order of ingredients in the list of ingredients;

Whereas Article 6 nevertheless provides for derogations for certain foods or ingredients; whereas, for the sake of consistency, the same derogations should be provided for the method of calculating quantity,

Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 3b of the Treaty, the objectives of the proposed action to ensure the effective implementation of the principle of quantitative indication of ingredients cannot be sufficiently achieved by the Member States to the extent...

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