Proposal for a Directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified version) - Outcome of the European Parliament's first reading (Strasbourg, 9 to 12 May 2011) - Montesquieu Instituut

 

COUNCIL OFBrussels, 20 May 2011

THE EUROPEAN UNION

9730/11

Interinstitutional File:

2010/0259 (COD)

CODEC 753 CODIF 22 AGRI 342 CONSOM 69 PE 210

NOTE

from:

General Secretariat

to:: Permanent Representatives Committee/Council

Subject: Proposal for a Directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified version) Outcome of the European Parliament's first reading (Strasbourg, 9 to 12 May 2011)

I. INTRODUCTION

ANNEX

(11.5.2011)

Indications or marks identifying the lot to which a foodstuff belongs ***I

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified text) (COM(2010)0506 C7-0285/2010 2010/0259(COD))

(Ordinary legislative procedure codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council

(COM(2010)0506),

having regard to Article 294(2) and 114 of the Treaty on the Functioning of the European

Union, pursuant to which the Commission submitted the proposal to Parliament

(C7-0285/2010),

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

_ having regard to the opinion of the European Economic and Social Committee of 8 December

20101,

having regard to the Interinstitutional Agreement of 20 December 1994 Accelerated working

method for official codification of legislative texts2,

having regard to Rules 86 and 55 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A7-0095/2011),

A. whereas, according to the Consultative Working Party of the legal services of the European

P7_TC1-COD(2010)0259

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to

the adoption of Directive 2011/.../EU of the European Parliament and of the Council on

indications or marks identifying the lot to which a foodstuff belongs

(Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee1,

Acting in accordance with the ordinary legislative procedure2,

Whereas:

(1) Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs

3 has been substantially amended several times4. In the

interests of clarity and rationality that Directive should be codified.

(2) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured.

(3) Trade in foodstuffs occupies a very important place in the internal market.

(4) Indication of the lot to which a foodstuff belongs meets the need for better information on the identity of products. It is therefore a useful source of information when foodstuffs are the subject of dispute or constitute a health hazard for consumers.

(8) The efficiency of that system depends on its application at the various marketing stages. It is nevertheless desirable to exclude certain products and operations in particular those taking place at the start of the distribution network for agricultural products.

(9) It is necessary to take account of the fact that the immediate consumption upon purchase of certain foodstuffs such as ice cream in individual portions means that indicating the lot directly on the individual packaging would serve no useful purpose. However, it should be compulsory in the case of those products to indicate the lot on the combined package.

(10) The concept of a lot implies that several sales units of a foodstuff have almost identical production, manufacture or packaging characteristics. That concept should, therefore, not apply to bulk products or products which, owing to their individual specificity or heterogeneous nature, cannot be considered as forming a homogeneous batch.

(11) In view of the variety of identification methods used, it should be up to the trader to determine the lot and to affix the corresponding indication or mark.

(12) In order to satisfy the information requirements for which it is intended, that indication should be clearly distinguishable and recognisable as such.

(13) The date of minimum durability or `use by' date, may, in conformity with Directive 2000/13/EC, serve as the lot identification, provided it is indicated precisely.

(14) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

• 1. 

  This Directive concerns the indication which allows identification of the lot to which a

foodstuff belongs.

(b) when, at the point of sale to the ultimate consumer, the foodstuffs are not prepackaged, are packaged at the request of the purchaser or are prepackaged for immediate sale;

(c) to packagings or containers, the largest side of which has an area of less than 10 cm2;

(d) to individual portions of ice cream. The indication enabling the lot to be identified shall appear on the combined package.

Article 3

The lot shall be determined in each case by the producer, manufacturer or packager of the foodstuff in question, or the first seller established within the Union.

The indication referred to in Article 1(1) shall be determined and affixed under the responsibility of one or other of those operators. It shall be preceded by the letter `L' except in cases where it is clearly distinguishable from the other indications on the label.

Article 4

When the foodstuffs are prepackaged, the indication referred to in Article 1(1) and, where appropriate, the letter `L' shall appear on the prepackaging or on a label attached thereto.

When the foodstuffs are not prepackaged, the indication referred to in Article 1(1) and, where appropriate, the letter `L' shall appear on the packaging or on the container or, failing that, on the relevant commercial documents.

It shall in all cases appear in such a way as to be easily visible, clearly legible and indelible.

Article 5

When the date of minimum durability or `use by' date appears on the label, the indication referred to in Article 1(1) need not appear on the foodstuff, provided that the date consists at least of the uncoded indication of the day and the month in that order.

Official Journal of the European Union.

Article 9

This Directive is addressed to the Member States.

Done at [...]

For the European Parliament For the Council

The President The President

ANNEX I

Part A

Repealed Directive with list of its successive amendments

(referred to in Article 7)

Council Directive 89/396/EEC (OJ L 186, 30.6.1989, p. 21)

Council Directive 91/238/EEC (OJ L 107, 27.4.1991, p. 50)

Council Directive 92/11/EEC (OJ L 65, 11.3.1992, p. 32)

Part B

List of time-limits for transposition into national law

(referred to in Article 7)

Directive Time-limit for transposition

89/396/EEC 20 June 1990(*)

91/238/EEC -

92/11/EEC -

_______________

(*) In accordance with the first paragraph of Article 7 of Directive 89/396/EEC, as amended

by Directive 92/11/EEC:

"Member States shall, where necessary, amend their laws, regulations or administrative provisions so as to:

ANNEX II

CORRELATION TABLE

Directive 89/396/EEC This Directive

Article 1 Article 1

Article 2(1) and (2) Article 2(1) and (2)

Article 2(3) -

Articles 3 to 6 Articles 3 to 6

Article 7 -

• - 

  Article 7
• - 

  Article 8

Article 8 Article 9

• - 

  Annex I
• - 

  Annex II

_____________