2.4.2011

EN

Official Journal of the European Union

CE 102/1

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POSITION (EU) No 7/2011 OF THE COUNCIL AT FIRST READING

with a view to the adoption of a Regulation of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 and repealing Directives 87/250/EEC, 90/496/EEC, 1999/10/EC, 2000/13/EC, 2002/67/EC, 2008/5/EC and Regulation (EC) No 608/2004

Adopted by the Council on 21 February 2011

(Text with EEA relevance)

2011/C 102 E/01

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,

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

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1)	Article 169 of the Treaty on the Functioning of the European Union (TFEU) provides that the Union is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to Article 114 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.

(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 the food they consume. Consumers’ choices can be influenced by, inter alia, health, economic, environmental, social and ethical considerations.

(4)

According to 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 (3) 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 concerning unfair business-to-consumer commercial practices in the internal market (4) 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)

Union 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 (5). The majority of the provisions laid down in that Directive date back to 1978 and should therefore be updated.

(7)

Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (6) lays down rules on the content and presentation of nutrition information on prepacked foods. According to those rules, 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 of 30 May 2007 on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues (the ‘Commission White Paper’) noted that nutrition labelling is an important tool to inform consumers about the composition of foods and help them make an informed choice. The Commission Communication of 13 March 2007 entitled ‘EU consumer policy strategy 2007-2013 — Empowering consumers, enhancing welfare, effectively protecting them’ underlined that allowing consumers to make an 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.

(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 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 (7), 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 (8), Commission Directive 2002/67/EC of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine (9), Commission Regulation (EC) No 608/2004 of 31 March 2004 concerning the labelling of foods and food ingredients with added phytosterols, phytosterol esters, phytostanols and/or phytostanol esters (10) and Commission Directive 2008/5/EC of 30 January 2008 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 2000/13/EC of the European Parliament and of the Council (11).

(13)	It is necessary to set common definitions, principles, requirements and procedures so as to form a clear framework and a common basis for Union and national measures governing food information.

(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)

Union 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 charity events, or local community fairs and meetings, should not fall within 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 of 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. With this aim, food business operators should facilitate the accessibility of that information to the visually impaired.

(18)	In order to enable food information law to adapt to consumers’ changing needs for information, any considerations about the need for mandatory food information should also take account of the widely demonstrated interest of 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.

(20)

Food information law should prohibit the use of information that would mislead the consumer in particular as to the characteristics of the food, food effects or properties, 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. That clarification should be in accordance with the responsibilities regarding the consumer referred to in Article 17 of Regulation (EC) No 178/2002.

(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 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 in respect of 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 enable certain particulars to be made available 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 therein, certain ingredients or other substances or products (such as processing aids) 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 or products which may cause allergies or intolerances 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 in order to assist consumers in making better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility for labelled information to influence its audience and that small print size is one of the main causes of consumer dissatisfaction with food labels. However, a comprehensive approach should be developed in order to take into account all aspects related to legibility.

(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 providing consumers with food information that is necessary to make an informed choice, information should also be provided on the ingredients of alcoholic mixed beverages.

(28)

It is also important to provide consumers with information on the other alcoholic beverages. Specific Union rules already exist on the labelling of wine. Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (12) lays down rules that ensure that consumers are protected and properly informed. Therefore, it is appropriate to exempt wine at this stage from the obligation to list ingredients and to provide for a nutrition declaration. Similarly, consumer protection in relation to certain alcoholic beverages is ensured through 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 (13) and through Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (14). Therefore, the same exemption should apply to the beverages covered by those two Regulations.

(29)

It is necessary to treat in the same way beverages comparable to wine, aromatised wines, aromatised wine-based drinks, aromatised wine-product cocktails and spirit drinks, and to ensure the application of the same food information law requirements to those beverages. Therefore, the exemption from the obligation to list the ingredients and to provide for a nutrition declaration should also apply to beverages containing more than 1,2 % by volume of alcohol obtained from fermentation of fruit or vegetables, mead and all types of beer.

(30)

However, the Commission should produce a report within 5 years of the entry into force of this Regulation on whether some categories of beverages should be exempted, in particular, from providing the information on the energy value, and stating the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies. The Commission may also propose, if necessary, specific requirements in the context of this Regulation.

(31)

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 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 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.

(32)	In some cases, food business operators may want to indicate the origin of a food on a voluntary basis to draw consumers’ attention to the qualities of their product. Such indications should also comply with harmonised criteria.

(33)

The indication of origin is currently mandatory for beef and beef products (15) in the Union following the bovine spongiform encephalopathy crisis and it has created consumer expectations. The impact assessment of the Commission confirms that the origin of meat appears to be consumers’ prime concern. There are other meats widely consumed in the Union, such as swine, sheep, goats and poultry. It is therefore appropriate to impose a mandatory declaration of origin for those products. The specific origin requirements could differ from one type of meat to another according to the characteristics of the animal species. It is appropriate to provide for the establishment through implementing rules of mandatory requirements that could vary from one type of meat to another taking into account the principle of proportionality and the administrative burden for food business operators and enforcement authorities.

(34)

Mandatory origin provisions have been developed on the basis of vertical approaches for instance for honey (16), fruits and vegetables (17), fish (18), beef and beef products (19) and olive oil (20). There is a need to explore the possibility to extend mandatory origin labelling for other foodstuffs. It is therefore appropriate to request the Commission to prepare reports covering the following foodstuffs: types of meat other than beef, swine, sheep, goat and poultry meat; milk; milk used as an ingredient in dairy products; meat used as an ingredient; unprocessed foods; single-ingredient products; and ingredients that represent more than 50 % of a food. Milk being one of the products for which an indication of origin is considered of particular interest, the Commission report on this product should be made available as soon as possible. Based on the conclusions of such reports, the Commission may submit proposals to modify the relevant Union provisions or may take new initiatives, where appropriate, on a sectoral basis.

(35)

The Union’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 (21) 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 (22). Determination of the country of origin of foods will be based on those rules, which are well known to food business operators and administrations and should ease their implementation.

(36)	The nutrition declaration for 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.

(37)	The Commission White Paper highlighted certain nutritional elements of importance to public health such as saturated fat, sugars or sodium. Therefore, it is appropriate that the requirements on the mandatory provision of nutrition information should take into account such elements.

(38)

Since one of the objectives pursued by this Regulation is to provide a basis to the final consumer for making informed choices, it is important to ensure in this respect that the final consumer easily understands the information provided on the labelling. Therefore it is appropriate to use on the labelling the term ‘salt’ instead of the corresponding term of the nutrient ‘sodium’.

(39)	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.

(40)

In the interest of consistency and coherence of Union law 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 (23).

(41)

To avoid unnecessary burdens on 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 a nutrition declaration, unless the obligation to provide such information is provided for under other Union rules.

(42)

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 nutrition information provided should be simple and easily understood. To have the nutrition information partly on the ‘front of pack’ and partly the ‘back of pack’ might confuse consumers. Therefore, the nutrition declaration should be in the same field of vision. In addition, on a voluntary basis, some of the information may be repeated for example on the ‘front of pack’. A free choice as to the information that could be repeated might confuse consumers. Therefore it is necessary to clarify which information may be repeated to ensure that consumers can readily see the essential nutrition information when purchasing foods.

(43)

In order to encourage food business operators to provide on a voluntary basis the information contained in the nutrition declaration for foods like alcoholic beverages and non-prepacked foods that may be exempted from the nutrition declaration, the possibility should be given to only declare limited elements of the nutrition declaration. It is nevertheless appropriate to clearly establish the information that may be provided on a voluntary basis in order to avoid misleading the consumer by the free choice of the food business operator.

(44)

There have been recent developments in the expression of the nutrition declaration, other than per 100 g/100 ml/portion, or in its presentation, through the use of graphical forms or symbols, by some Member States and organisations in the food sector. Such additional forms of expression and presentation may help consumers to better understand the nutrition declaration. However, there is insufficient evidence across all the Union on how the average consumer understands and uses the alternative forms of expression or presentation of the information. Therefore, it is appropriate to allow for different forms of expression and presentation to be developed on the basis of criteria established in this Regulation and to invite the Commission to prepare a report regarding the use of those forms of expression and presentation, their effect on the internal market and the advisability of further harmonisation.

(45)

In order to assist the Commission in producing this report, Member States should provide the Commission with the relevant information on the use of additional forms of expression and presentation of the nutrition declaration on the market in their territory. In order to do so, Member States should be empowered to request food business operators placing on the market in their territory foods bearing additional forms of expression or presentation to notify national authorities of the use of such additional forms and of the relevant justifications regarding the fulfilment of the requirements set out in this Regulation.

(46)

It is desirable to ensure a certain level of consistency in the development of additional forms of expression and presentation of the nutrition declaration. It is therefore appropriate 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 in such exchanges.

(47)

The declaration in the same field of vision 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 should not be treated as a group of individual claims.

(48)

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.

(49)

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 information on potential allergens should always be provided to the consumer.

(50)	As regards the matters specifically harmonised by this Regulation, Member States should not be able to adopt national provisions unless authorised by Union law. This Regulation should not prevent Member States from adopting national provisions concerning matters not specifically harmonised herein.

(51)	Food information rules should be able to adapt to a rapidly changing social, economic and technological environment.

(52)

Member States should carry out official controls in order to enforce compliance with this Regulation in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (24).

(53)

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 (25) should be updated to take this Regulation into account. Regulations (EC) No 1924/2006 and (EC) No 1925/2006 should therefore be amended accordingly.

(54)

Irregular and frequent updating of food information requirements may impose considerable administrative burdens on food businesses, especially small and medium-sized enterprises. It is therefore appropriate to ensure that measures that may be adopted by the Commission in exercising the powers conferred by this Regulation apply on the same day in any calendar year following an appropriate transitional period. Derogations from this principle should be permitted in cases of urgency where the purpose of the measures concerned is the protection of human health.

(55)	In order to enable food business operators to adapt the labelling of their products to the new requirements introduced by this Regulation, it is important to provide for appropriate transitional periods for the application of this Regulation.

(56)	Given the substantial changes in the requirements related to nutrition labelling introduced by this Regulation, in particular changes in relation to the content of the nutrition declaration, it is appropriate to authorise food business operators to anticipate the application of this Regulation.

(57)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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.

(58)

The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of, inter alia, the availability of certain mandatory particulars by means other than on the package or on the label, the list of foods not required to bear a list of ingredients, the re-examination of the list of substances or products causing allergies or intolerances, or the list of nutrients that may be declared on a voluntary basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(59)

In order to ensure uniform conditions for implementing this Regulation, the Commission should be empowered to adopt implementing rules in relation to, inter alia, the modalities of expression of one or more particulars by means of pictograms or symbols instead of words or numbers, the contrast between the print and the background, the manner of indicating the date of minimum durability, the manner of indicating the country of origin or place of provenance for meat, the precision of the declared values for the nutrition declaration, or the expression per portion or per consumption unit of the nutrition declaration. In accordance with Article 291 TFEU, rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (26) continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable,

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 shall apply to food business operators at all stages of the food chain, where their activities 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.

4.   This Regulation shall apply without prejudice to labelling requirements provided for in specific Union provisions 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 points (1), (2), (3), (7), (8) and (18) of Article 3 of Regulation (EC) No 178/2002;

(b)	the definitions of ‘processing’, ‘unprocessed products’ and ‘processed products’ in points (m), (n) and (o) of Article 2(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (27);

(c)	the definition of ‘food enzyme’ in point (a) of Article 3(2) of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes (28);

(d)	the definitions of ‘food additive’, ‘processing aid’ and ‘carrier’ in points (a) and (b) of Article 3(2) of, and in point 5 of Annex I to, Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (29);

(e)	the definition of ‘flavouring’ in point (a) of Article 3(2) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavourings properties for use in and on foods (30);

(f)	the definitions of ‘meat’ and ‘mechanically separated meat’ in points 1.1 and 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (31);

(g)	the definition of ‘means of distance communication’ in point (4) of 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 respect of distance contracts (32);

(h)	the definition of ‘advertising’ in point (a) of Article 2 of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (33);

(i)	the definition of ‘engineered nanomaterials’ in point (c) of Article 3(2) of Regulation (EU) No …/2011 of the European Parliament and of the Council of … on novel foods (34)  (35).

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;

(b)	‘food information law’ means the Union provisions governing the food information, and in particular labelling, including rules of a general nature applicable to all foods in particular circumstances or to certain categories of 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 Union provisions;

(d)	‘mass caterer’ means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools and hospitals, where, in the course of business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;

(e)

‘prepacked 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 or product, including flavourings, 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 Regulation (EEC) No 2913/92;

(h)	‘compound ingredient’ means 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, stencilled, marked, embossed or impressed on, or attached to the packaging or 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;

(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 that information without needing to turn the package back and forth;

(l)

‘legal name’ means the name of a food prescribed in the Union provisions applicable to it or, in the absence of such Union 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 by consumers in the Member State in which that food is sold, without that name needing further explanation;

(n)	‘descriptive name’ means a name providing a description of the food, and if necessary of its use, which is sufficiently clear to enable consumers to know its true nature and distinguish it from other products with which it might be confused;

(o)	‘primary ingredient’ means an ingredient or ingredients of a food that represent more than 50 % of that food or which are usually associated with the name of the food by the consumer and for which in most cases a quantitative indication is required;

(p)	‘date of minimum durability of a food’ means the date until which the food retains its specific properties when properly stored;

(q)	‘nutrient’ means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in Annex XIII to this Regulation, and substances which belong to or are components of one of those categories.

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 Regulation (EEC) No 2913/92.

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

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 Union the free movement of legally produced and marketed food, 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 transitional 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 transitional period to continue to be sold until exhausted.

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 and to enable consumers to make informed choices, 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.

Article 5

Consultation of the European Food Safety Authority

Any Union measure in the field of food information law which is likely to have an effect on public health shall be adopted after consultation of the European Food Safety Authority (the 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, 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;

(d)	by suggesting in the description or pictorial representations the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient.

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

3.   Subject to derogations provided for by Union law 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.   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.

Article 8

Responsibilities

1.   The food business operator responsible for the food information shall be the operator under whose name or business name the food is marketed or, if that operator is not established in the Union, the importer into the Union market.

2.   The food business operator responsible for the food information shall ensure the presence and accuracy of the food information in accordance with the applicable food information law and requirements of relevant national provisions.

3.   Food business operators which do not affect food information shall not supply food which they know or presume, on the basis of the information in their possession as professionals, to be non-compliant with the applicable food information law and requirements of relevant national provisions.

4.   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 and the possibilities for the final consumer to make informed choices. Food business operators are responsible for any changes they make to food information accompanying a food.

5.   Without prejudice to paragraphs 2 to 4, food business operators, within the businesses under their control, shall ensure compliance with the requirements of food information law and relevant national provisions which are relevant to their activities and shall verify that such requirements are met.

6.   Food business operators, within the businesses under their control, shall ensure that information relating to non-prepacked food intended for the final consumer or for supply to mass caterers shall be transmitted to the food business operator receiving the food in order to enable, where appropriate, the provision of mandatory food information to the final consumer.

7.   In the following cases, food business operators, within the businesses under their control, shall ensure that the mandatory particulars required pursuant to Articles 9 and 10 shall appear on the prepackaging or on a label attached thereto, 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 the first subparagraph, food business operators shall ensure that the particulars referred to in points (a), (f), (g) and (h) of Article 9(1) also appear on the external packaging in which the prepacked foods are presented for marketing.

8.   Food business operators that supply to other food business operators food not intended for the final consumer or to mass caterers shall ensure that those other food business operators are provided with sufficient information to enable them, where appropriate, to meet their obligations under paragraph 2.

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;

(c)	any ingredient or processing aid listed in Annex II or derived from a substance or product listed in Annex II causing allergies or intolerances used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form;

(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 food business operator referred to in Article 8(1);

(i)	the country of origin or place of provenance where provided for in Article 25;

(j)	instructions for use where it would be 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;

(l)	a nutrition declaration.

2.   The particulars referred to in paragraph 1 shall be indicated with words and numbers. They may alternatively be expressed by means of pictograms or symbols instead of words or numbers where the Commission has adopted implementing measures under paragraph 3, and in accordance with such implementing measures.

3.   The Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules on the modalities of expression of one or more particulars by means of pictograms or symbols instead of words or numbers taking into account evidence of uniform consumer understanding.

Article 10

Additional mandatory particulars for specific types or categories of foods

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

2.   In order to ensure consumer information with respect to specific types or categories of foods and to take account of technical progress, scientific developments, the protection of consumers’ health or the safe use of a food, the Commission may amend Annex III by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50, 51 and 52.

Article 11

Weights and measures

Article 9 shall be without prejudice to more specific Union provisions regarding weights and measures.

Article 12

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 package or on a label attached thereto.

3.   In order to ensure that the consumer may benefit from other means of provision of mandatory food information better adapted for certain mandatory particulars, the Commission may provide for rules, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, on the availability of certain mandatory particulars by means other than on the package or on the label.

4.   In the case of non-prepacked food, the provisions of Article 42 shall apply.

Article 13

Presentation of mandatory particulars

1.   Without prejudice to the rules adopted pursuant to Article 42(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.

2.   Without prejudice to specific Union provisions applicable to particular foods as regards the requirements referred to in points (a) to (k) of Article 9(1), 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 using a font size where the x-height, as defined in Annex IV, is equal to or greater than 1,2 mm. The mandatory particulars shall be presented in such a way as to ensure a significant contrast between the print and the background.

3.   In case of packaging or containers the largest surface of which has an area of less than 60 cm2, the x-height of the font size referred to in paragraph 2 shall be equal to or greater than 0,9 mm.

4.   For the purpose of ensuring a uniform implementation of paragraph 2 of this Article, the Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules on contrast between the print and the background.

5.   For the purpose of achieving the objectives of this Regulation, the Commission shall establish, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, criteria on legibility additional to those specified under paragraph 2 of this Article.

For the same purpose as referred to in the first subparagraph, the Commission may, by means of delegated acts in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, extend the requirements under paragraph 6 of this Article to additional mandatory particulars for specific types or categories of foods.

6.   The particulars listed in points (a), (e), (f) and (k) of Article 9(1) shall appear in the same field of vision.

7.   Paragraph 6 of this Article shall not apply in the cases specified in Article 16(1) and (2).

Article 14

Distance selling

1.   Without prejudice to the information requirements laid down in Article 9, in the case of prepacked foods offered for sale by means of distance communication:

(a)

mandatory food information, except the particulars provided in point (f) of Article 9(1), 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 clearly identified by the food business operator. When other appropriate means are used, the mandatory food information shall be provided without the food business operator charging consumers supplementary costs;

(b)	all mandatory particulars shall be available at the moment of delivery.

2.   In the case of non-prepacked foods offered for sale by means of distance communication, the particulars required pursuant to Article 42 shall be made available in accordance with paragraph 1 of this Article.

3.   Point (a) of paragraph 1 shall not apply to foods offered for sale by means of automatic vending machines or automated commercial premises.

Article 15

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 Union.

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

Article 16

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 points (a), (c), (e), (f) and (l) of Article 9(1) 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 points (a), (c), (e) and (f) of Article 9(1) shall be mandatory on the package or on the label. The particulars referred to in point (b) of Article 9(1) shall be provided through other means or shall be made available at the request of the consumer.

3.   Without prejudice to other Union provisions requiring a mandatory nutrition declaration, the declaration referred to in point (l) of Article 9(1) shall not be mandatory for the foods listed in Annex V.

4.   Without prejudice to other Union provisions requiring a list of ingredients or a mandatory nutrition declaration, the particulars referred to in points (b) and (l) of Article 9(1) shall not be mandatory for:

(a)	wines covered by Annex XIb to Regulation (EC) No 1234/2007;

(b)	products covered by Regulation (EEC) No 1601/91;

(c)	beverages similar to those mentioned under points (a) and (b) of this paragraph, containing more than 1,2 % by volume of alcohol obtained from fermentation of fruits or vegetables;

(d)

mead;

(e)	all types of beer; and

(f)	spirit drinks, as defined in Article 2(1) of Regulation (EC) No 110/2008.

By … (36), the Commission shall produce a report concerning the application of Article 18 and Article 29(1) to the products referred to in this paragraph, and addressing whether some categories of beverages should be exempted, in particular, from the requirement to provide the information on the energy value, and the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies.

The Commission may accompany this report by a legislative proposal determining the rules for a list of ingredients or a mandatory nutrition declaration for those products.

SECTION 2

Detailed provisions on mandatory particulars

Article 17

Name 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.   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.

3.   In exceptional cases, the name of the food in the Member State of production shall not be used in the Member State of marketing when the food which it designates in the Member State of production is so different, as regards its composition or manufacture, from the food known under that name in the Member State of marketing that paragraph 2 is not sufficient to ensure, in the Member State of marketing, correct information for consumers.

4.   The name of the food shall not be replaced with a name protected as intellectual property, brand name or fancy name.

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

Article 18

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 17 and in Annex VI.

3.   All ingredients present in the form of engineered nanomaterials shall be clearly indicated in the list of ingredients. The names of such ingredients shall be followed by the word ‘nano’ in brackets.

4.   Technical rules for applying paragraphs 1 and 2 of this Article are laid down in Annex VII.

Article 19

Omission of the list of ingredients

1.   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)	foods consisting of a single ingredient, where: (i) the name of the food is identical to the ingredient name; or (ii) the name of the food enables the nature of the ingredient to be clearly identified.

2.   In order to take into account the relevance for the consumer of a list of ingredients for specific types or categories of foods, the Commission may, in exceptional cases, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, supplement paragraph 1 of this Article, provided that omissions do not result in the final consumer or mass caterers being inadequately informed.

Article 20

Omission of constituents of food from the list of ingredients

Without prejudice to Article 21, 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 food 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, in accordance with the carry-over principle referred to in points (a) and (b) of Article 18(1) of Regulation (EC) No 1333/2008, provided that they serve no technological function in the finished product; or (ii) which are used as processing aids;

(c)	carriers and substances which are not food additives but are used in the same way and with the same purpose as carriers, and which are used in the quantities strictly necessary;

(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 21

Labelling of certain substances or products causing allergies or intolerances

1.   Without prejudice to the rules adopted pursuant to Article 42(2), the particulars referred to in point (c) of Article 9(1) shall be indicated in the list of ingredients in accordance with the rules laid down in Article 18(1), with a clear reference to the name of the substance or product as listed in Annex II.

In the absence of a list of ingredients, the indication of the particulars referred to in point (c) of Article 9(1) shall comprise the word ‘contains’ followed by the name of the substance or product as listed in Annex II.

Where several ingredients or processing aids of a food originate from a single substance or product listed in Annex II, the labelling shall make it clear for each ingredient or processing aid concerned.

The indication of the particulars referred to in point (c) of Article 9(1) shall not be required in cases where the name of the food clearly refers to the substance or product concerned.

2.   In order to ensure better information for the consumer and to take account of the most recent scientific progress and technical knowledge, the Commission shall systematically re-examine and, where necessary, update the list in Annex II by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50, 51 and 52.

Article 22

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 the ingredient or category of ingredients concerned:

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

(b)	is emphasised on the labelling in words, pictures or graphics; or

(c)	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.   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 VIII.

Article 23

Net quantity

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

(a)	in units of volume in the case of liquid products;

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

2.   In order to ensure a better understanding by the consumer of the food information on the labelling, the Commission may establish for certain specified foods, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, a manner for the expression of the net quantity other than the one laid down in paragraph 1 of this Article.

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 IX.

Article 24

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. After the ‘use by’ date a food shall be deemed to be unsafe in accordance with Article 14(2) to (5) of Regulation (EC) No 178/2002.

2.   The appropriate date shall be expressed in accordance with Annex X.

3.   In order to ensure a uniform application of the manner of indicating the date of minimum durability referred to in point 1(c) of Annex X, the Commission may adopt, in accordance with the regulatory procedure referred to in Article 46(2), implementing rules in this regard.

Article 25

Country of origin or place of provenance

1.   This Article shall apply without prejudice to labelling requirements provided for in specific Union provisions, in particular Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialties guaranteed (37) 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 (38).

2.   Indication of the country of origin or place of provenance shall be mandatory:

(a)	where failure to indicate this might mislead the consumer 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;

(b)	for meat falling within the Combined Nomenclature (CN) codes listed in Annex XI. The application of this point shall be subject to adoption of implementing rules referred to in paragraph 6.

3.   Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient:

(a)	the country of origin or place of provenance of the primary ingredient in question shall also be given; or

(b)	the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.

The application of this paragraph shall be subject to adoption of the implementing rules referred to in paragraph 6.

4.   Within 5 years from the date of application of point (b) of paragraph 2, the Commission shall submit a report to the European Parliament and the Council to evaluate the mandatory indication of the country of origin or place of provenance for products referred to in that point.

5.   By … (39), the Commission shall submit reports to the European Parliament and the Council regarding the mandatory indication of the country of origin or place of provenance for:

(a)	types of meat other than beef and those referred to in point (b) of paragraph 2;

(b)

milk;

(c)	milk used as an ingredient in dairy products;

(d)	meat used as an ingredient;

(e)	unprocessed foods;

(f)	single ingredient products;

(g)	ingredients that represent more than 50 % of a food.

Those reports shall take into account the need for the consumer to be informed, the feasibility of providing the mandatory indication referred to in the first subparagraph and an analysis of the costs and benefits of the introduction of such measures, including the legal impact on the internal market and the impact on international trade.

The Commission may accompany those reports with proposals to modify the relevant Union provisions.

6.   By … (40), the Commission shall adopt, in accordance with the regulatory procedure referred to in Article 46(2), implementing rules concerning the application of point (b) of paragraph 2 of this Article and the application of paragraph 3 of this Article.

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 of the food.

2.   The Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules concerning the implementation of paragraph 1 of this Article for certain foods.

Article 27

Alcoholic strength

1.   The rules concerning indication of the alcoholic strength by volume shall, in the case of products classified in CN code 2204, be those laid down in the specific Union 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 XII.

SECTION 3

Nutrition declaration

Article 28

Relationship with other legislation

1.   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 (41);

(b)	Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (42).

2.   This Section shall apply without prejudice to Directive 2009/39/EC of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses (43) and specific Directives as referred to in Article 4(1) of that Directive.

Article 29

Content

1.   The mandatory nutrition declaration shall include the following:

(a)	energy value; and

(b)	the amounts of fat, saturates, carbohydrate, sugars, protein and salt.

Where appropriate, a statement indicating that the salt content is exclusively due to the presence of naturally occurring sodium may appear in close proximity to the nutrition declaration.

2.   The content of the mandatory nutrition declaration referred to in paragraph 1 may be supplemented with an indication of the amounts of one or more of the following:

(a)	trans fats;

(b)	monounsaturates;

(c)	polyunsaturates;

(d)

polyols;

(e)

starch;

(f)

fibre;

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

3.   Where the labelling of a prepacked food provides the mandatory nutrition declaration referred to in paragraph 1, the information on energy value and the amounts of fat, saturates, sugars, and salt may be repeated thereon.

4.   By way of derogation from Article 35(1), where the labelling of the products referred to in Article 16(4) provides a nutrition declaration, the content of the declaration may be limited to the energy value only.

5.   Without prejudice to Article 42 and by way of derogation from Article 35(1), where the labelling of the products referred to in Article 42(1) provides a nutrition declaration, the content of that declaration may be limited only to:

(a)	the energy value; or

(b)	the energy value and the amounts of fat, saturates, sugars, and salt.

6.   In order to take account of the relevance of particulars referred to in paragraphs 2 to 5 of this Article for the information of consumers, the Commission may, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, amend the lists in paragraphs 2 to 5 of this Article, by adding or removing particulars.

Article 30

Calculation

1.   The energy value shall be calculated using the conversion factors listed in Annex XIV.

2.   The Commission may adopt, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, conversion factors for the vitamins and minerals referred to in point 1 of Part A of Annex XIII, in order to calculate more precisely the content of such vitamins and minerals in foods. Those conversion factors shall be added to Annex XIV.

3.   The energy value and the amounts of nutrients referred to in Article 29(1) to (5) 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.

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

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

(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 Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules for the uniform implementation of this paragraph 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.

Article 31

Expression per 100 g or per 100 ml

1.   The energy value and the amount of nutrients referred to in Article 29(1) to (5) shall be expressed using the measurement units listed in Annex XV.

2.   The energy value and the amount of nutrients referred to in Article 29(1) to (5) shall be expressed per 100 g or per 100 ml.

3.   When provided, the declaration on vitamins and minerals shall, in addition to the form of expression referred to in paragraph 2, be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex XIII in relation to per 100 g or per 100 ml.

4.   In addition to the form of expression referred to in paragraph 2 of this Article, the energy value and the amounts of nutrients referred to in Article 29(1), (3), (4) and (5) may be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XIII in relation to per 100 g or per 100 ml.

Article 32

Expression on a per portion basis or per consumption unit

1.   In the following cases, the energy value and the amounts of nutrients referred to in Article 29(1) to (5) may be expressed per portion and/or per consumption unit, easily recognisable by the consumer, provided that the portion or the unit used is quantified on the label and that the number of portions or units contained in the package is stated:

(a)	in addition to the form of expression per 100 g or per 100 ml referred to in Article 31(2);

(b)	in addition to the form of expression per 100 g or per 100 ml referred to in Article 31(3) regarding the amounts of vitamins and minerals;

(c)	in addition to or instead of the form of expression per 100 g or per 100 ml referred to in Article 31(4).

2.   By way of derogation from Article 31(2), in the cases referred to in Article 29(3), (4) and (5) the energy value and the amount of nutrients and/or the percentage of the reference intakes set out in Part B of Annex XIII may be expressed on the basis of per portion or per consumption unit alone.

3.   The portion or unit used shall be indicated in close proximity to the nutrition declaration.

4.   In order to ensure the uniform implementation of the expression of the nutrition declaration per portion or per unit of consumption and to provide for a uniform basis of comparison for the consumer, the Commission may, taking into account actual consumption behaviour of consumers as well as dietary recommendations, adopt rules on the expression per portion or per consumption unit for specific categories of foods, in accordance with the regulatory procedure referred to in Article 46(2).

Article 33

Presentation

1.   The particulars referred to in Article 29(1) and (2) shall be included in the same field of vision. They shall be presented together in a clear format and, where appropriate, in the order of presentation provided for in Annex XV.

2.   The particulars referred to in Article 29(1) and (2) shall be presented, if space permits, in tabular format with the numbers aligned. Where space does not permit, the declaration shall appear in linear format.

3.   The particulars referred to in Article 29(3) may be presented together:

(a)	in a field of vision different from the one referred to in paragraph 1 of this Article; and

(b)	in a format different from that specified in paragraph 2 of this Article.

4.   The particulars referred to in Article 29(4) and (5) may be presented in a format different from that specified in paragraph 2 of this Article.

5.   In cases where the energy value or the amount of nutrient(s) in a product is negligible, the information on those elements may be replaced by a statement such as ‘Contains negligible amounts of …’ and shall be indicated in close proximity to the nutrition declaration when present.

In order to ensure the uniform implementation of this paragraph, the Commission may, in accordance with the regulatory procedure referred to in Article 46(2), adopt rules regarding the energy value and amounts of nutrients referred to in Article 29(1) to (5) which can be regarded as negligible.

6.   In order to ensure a uniform application of the manner of presenting the nutrition declaration under the formats referred to in paragraphs 1 to 4 of this Article, the Commission may adopt, in accordance with regulatory procedure referred to in Article 46(2), implementing rules in this regard.

Article 34

Additional forms of expression and presentation

1.   In addition to the forms of expression referred to in Article 31(2) and (4) and Article 32 and to the presentation referred to in Article 33(2), the energy value and the amount of nutrients referred to in Article 29(1) to (5) may be given by other forms of expression and/or presented using graphical forms or symbols in addition to words or numbers provided that the following requirements are met:

(a)	they do not mislead the consumer as referred to in Article 7;

(b)	they aim to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet;

(c)	they are supported by evidence of understanding of such forms of expression or presentation by the average consumer; and

(d)	in the case of other forms of expression, they are based, either on harmonised reference intakes, or in their absence, on generally accepted scientific advice on intakes for energy or nutrients.

2.   Member States may recommend to food business operators the use of one or more additional forms of expression or presentation of the nutrition declaration that they consider as best fulfilling the requirements laid down in points (a) to (d) of paragraph 1. Member States shall provide the Commission with the details of such additional forms of expression and presentation.

3.   Member States shall ensure an appropriate monitoring of additional forms of expression or presentation of the nutrition declaration that are present on the market in their territory.

To facilitate the monitoring of the use of such additional forms of expression or presentation, Member States may require food business operators placing on the market in their territory foods bearing such information to notify the competent authority of the use of an additional form of expression or presentation and to provide them with the relevant justifications regarding the fulfilment of the requirements laid down in points (a) to (d) of paragraph 1. In such cases, information on the discontinuation of the use of such additional forms of expression or presentation may also be required.

4.   The Commission shall facilitate and organise the exchange of information between Member States, itself and stakeholders on matters relating to the use of any additional forms of expression or presentation of the nutrition declaration.

5.   By … (44), in the light of the experience gained, the Commission shall submit a report to the European Parliament and the Council on the use of additional forms of expression and presentation, on their effect on the internal market and on the advisability of further harmonisation of those forms of expression and presentation. For this purpose, Member States shall provide the Commission with relevant information concerning the use of such additional forms of expression or presentation on the market in their territory. The Commission may accompany this report with proposals to modify the relevant Union provisions.

6.   In order to ensure the uniform application of this Article, the Commission shall, in accordance with the regulatory procedure referred to in Article 46(2), adopt detailed rules concerning the implementation of paragraphs 1, 3 and 4 of this Article.

CHAPTER V

VOLUNTARY FOOD INFORMATION

Article 35

Applicable requirements

1.   Where food information referred to in Articles 9 and 10 is provided on a voluntary basis, such information shall comply with the requirements laid down in Sections 2 and 3 of Chapter IV of this Regulation.

2.   Food information provided on a voluntary basis shall meet the following requirements:

(a)	it shall not mislead the consumer, as referred to in Article 7;

(b)	it shall not be ambiguous or confusing for the consumer;

(c)	it shall, where appropriate, be based on the relevant scientific data.

3.   The Commission may adopt, in accordance with regulatory procedure referred to in Article 46(2), implementing rules on the application of the requirements referred to in paragraph 2 of this Article for voluntary food information on the possible and unintentional presence in food of substances or products causing allergies or intolerances.

4.   In order to ensure that consumers are appropriately informed, where voluntary food information is provided by food business operators on a divergent basis which might mislead or confuse the consumer, the Commission may, by means of delegated acts, in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, provide for additional cases of provision of voluntary food information to the one referred to in paragraph 3 of this Article.

Article 36

Presentation

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

CHAPTER VI

NATIONAL MEASURES

Article 37

National measures

1.   As regards the matters specifically harmonised by this Regulation, Member States may not adopt nor maintain national measures unless authorised by Union law. Those national measures shall not give rise to obstacles to free movement of goods.

2.   Without prejudice to Article 38, Member States may adopt national measures concerning matters not specifically harmonised by this Regulation provided that they do not prohibit, impede or restrict the free movement of goods that are in conformity with this Regulation.

Article 38

National measures 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 43, adopt measures requiring additional mandatory particulars for specific types or categories of foods, justified on grounds of at least one of the following:

(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, registered designations of origin and the prevention of unfair competition.

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 that information.

Article 39

Milk and milk products

Member States may adopt measures derogating from Articles 9(1) and 10(1) 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 Union provisions referred to in Article 16(4), maintain national measures as regards the listing of ingredients in the case of beverages containing more than 1,2 % by volume of alcohol.

Article 41

Expression of the net quantity

In the absence of Union provisions referred to in Article 23(2) concerning the expression of net quantity for specified foods in a different manner to that provided for in Article 23(1), Member States may maintain national measures adopted before … (45).

By … (46), Member States shall inform the Commission about such measures. The Commission shall bring them to the attention of the other Member States.

Article 42

National 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:

(a)	the provision of the particulars specified in point (c) of Article 9(1) is mandatory;

(b)	the provision of other particulars referred to in Articles 9 and 10 is not mandatory unless Member States adopt measures requiring the provision of some or all of those particulars or elements of those particulars.

2.   Member States may adopt measures concerning the means through which the particulars or elements of those particulars specified in paragraph 1 are to be made available and, where appropriate, their form of expression and presentation.

3.   Member States shall communicate to the Commission the text of the measures referred to in point (b) of paragraph 1 and in paragraph 2 without delay.

Article 43

Notification 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 which deems it necessary to adopt new food information legislation may take the envisaged measures only 3 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, and before the expiry of the period referred to in paragraph 3 of this Article, the Commission shall initiate the regulatory procedure provided for in Article 46(2) in order to determine whether the envisaged measures may be implemented subject, if necessary, to the appropriate modifications.

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 regulations and of rules on Information Society services (47) shall not apply to the measures falling within the notification procedure specified in this Article.

CHAPTER VII

IMPLEMENTING, AMENDING AND FINAL PROVISIONS

Article 44

Amendments to the Annexes

In order to take into account technical progress, scientific developments, consumers’ health, or consumers’ need for information, and subject to the provisions of Articles 10(2) and 21(2) relating to the amendments to Annexes II and III, the Commission may, by means of delegated acts in accordance with Article 49 and subject to the conditions laid down in Articles 50 and 51, amend the Annexes to this Regulation.

Article 45

Transitional period for and date of application of implementing measures or delegated acts

1.   Without prejudice to paragraph 2 of this Article, in exercising the powers conferred by this Regulation to adopt measures in accordance with the regulatory procedure referred to in Article 46(2) or by means of delegated acts in accordance with Articles 49 to 52 the Commission shall:

(a)

establish an appropriate transitional period for application of the new measures, during which foods bearing labels not complying with the new measures may be placed on the market and after which stocks of such foods that have been placed on the market before the end of the transitional period may continue to be sold until exhausted; and

(b)	ensure that those measures apply as from 1 April in any calendar year.

2.   Paragraph 1 shall not apply in cases of urgency where the purpose of the measures referred to in that paragraph is the protection of human health.

Article 46

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 3 months.

Article 47

Amendments to Regulation (EC) No 1924/2006

The first and second paragraphs of Article 7 of Regulation (EC) No 1924/2006 are replaced by the following:

Article 48

Amendments to Regulation (EC) No 1925/2006

Paragraph 3 of Article 7 of Regulation (EC) No 1925/2006 is replaced by the following:

Article 49

Exercise of the delegation

1.   The power to adopt the delegated acts referred to in Articles 10(2), 12(3), 13(5), 19(2), 21(2), 23(2), 29(6), 30(2), 35(4) and Article 44 shall be conferred on the Commission for a period of 5 years following … (50). The Commission shall draw up a report in respect of the delegated power not later than 6 months before the end of the 5-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 50.

2.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 50 and 51.

4.   Where, in the case of the emergence of a new serious risk to human health, imperative grounds of urgency so require, the procedure provided for in Article 52 shall apply to delegated acts adopted pursuant to Articles 10(2) and 21(2).

Article 50

Revocation of the delegation

1.   The power to adopt the delegated acts referred to in Articles 10(2), 12(3), 13(5), 19(2), 21(2), 23(2), 29(6), 30(2), 35(4) and Article 44 may be revoked at any time by the European Parliament or the Council.

2.   The institution which has commenced an internal procedure for deciding whether to revoke the delegations of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3.   The decision of revocation shall put to an end the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 51

Objections to delegated acts

1.   The European Parliament or the Council may object to a delegated act within a period of 2 months from the date of notification.

At the initiative of the European Parliament or the Council that period shall be extended by 2 months.

2.   If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.   If either the European Parliament or the Council objects to a delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

Article 52

Urgency procedure

1.   Delegated acts adopted pursuant to this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 3.

2.   The notification of a delegated act adopted pursuant to this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

3.   The European Parliament or the Council may object to a delegated act adopted pursuant to this Article in accordance with the procedure referred to in Article 51. In such a case, the act shall cease to apply. The institution which objects to such a delegated act shall state its reasons therefore.

Article 53

Repeal

1.   Directives 87/250/EEC, 90/496/EEC, 1999/10/EC, 2000/13/EC, 2002/67/EC, 2008/5/EC and Regulation (EC) No 608/2004 are repealed as from … (51).

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

Article 54

Transitional measures

1.   Foods placed on the market or labelled prior to … (52) which do not comply with the requirements of this Regulation may be marketed until the stocks of the foods are exhausted.

Foods placed on the market or labelled prior to … (53) which do not comply with the requirement laid down in point (l) of Article 9(1) may be marketed until the stocks of the foods are exhausted.

2.   Between … (52) and … (53), where the nutrition declaration is provided on a voluntary basis, it shall comply with Articles 29 to 34.

3.   By way of derogation from Directive 90/496/EEC, from Article 7 of Regulation (EC) No 1924/2006 and from Article 7(3) of Regulation (EC) No 1925/2006, foods labelled in accordance with Articles 29 to 34 of this Regulation may be placed on the market before … (52).

Article 55

Entry into force and date of application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from … (54), with the exception of point (l) of Article 9(1), which shall apply from … (55).

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(1)  OJ C 77, 31.3.2009, p. 81.

(2)  Position of the European Parliament of 16 June 2010 (not yet published in the Official Journal) and Position of the Council at first reading of 21 February 2011. Position of the European Parliament of … (not yet published in the Official Journal) and decision of the Council of ….

(3)  OJ L 31, 1.2.2002, p. 1.

(4)  OJ L 149, 11.6.2005, p. 22.

(5)  OJ L 109, 6.5.2000, p. 29.

(6)  OJ L 276, 6.10.1990, p. 40.

(7)  OJ L 113, 30.4.1987, p. 57.

(8)  OJ L 69, 16.3.1999, p. 22.

(9)  OJ L 191, 19.7.2002, p. 20.

(10)  OJ L 97, 1.4.2004, p. 44.

(11)  OJ L 27, 31.1.2008, p. 12.

(12)  OJ L 299, 16.11.2007, p. 1.

(13)  OJ L 149, 14.6.1991, p. 1.

(14)  OJ L 39, 13.2.2008, p. 16.

(15)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1).

(16)  Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).

(17)  Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (OJ L 350, 31.12.2007, p. 1).

(18)  Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ L 17, 21.1.2000, p. 22).

(19)  Regulation (EC) No 1760/2000.

(20)  Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil (OJ L 155, 14.6.2002, p. 27).

(21)  OJ L 302, 19.10.1992, p. 1.

(22)  OJ L 253, 11.10.1993, p. 1.

(23)  OJ L 404, 30.12.2006, p. 9.

(24)  OJ L 165, 30.4.2004, p. 1.

(25)  OJ L 404, 30.12.2006, p. 26.

(26)  OJ L 184, 17.7.1999, p. 23.

(27)  OJ L 139, 30.4.2004, p. 1.

(28)  OJ L 354, 31.12.2008, p. 7.

(29)  OJ L 354, 31.12.2008, p. 16.

(30)  OJ L 354, 31.12.2008, p. 34.

(31)  OJ L 139, 30.4.2004, p. 55.

(32)  OJ L 144, 4.6.1997, p. 19.

(33)  OJ L 376, 27.12.2006, p. 21.

(34)  Doc. 2008/0002 (COD).

(35)  OJ L …

(36)  Five years from the entry into force of this Regulation.

(37)  OJ L 93, 31.3.2006, p. 1.

(38)  OJ L 93, 31.3.2006, p. 12.

(39)  Three years from the entry into force of this Regulation.

(40)  Two years from the entry into force of this Regulation.

(41)  OJ L 183, 12.7.2002, p. 51.

(42)  OJ L 164, 26.6.2009, p. 45.

(43)  OJ L 124, 20.5.2009, p. 21.

(44)  Eight years from the entry into force of this Regulation.

(45)  Date of entry into force of this Regulation.

(46)  Three years after the entry into force of this Regulation.

(47)  OJ L 204, 21.7.1998, p. 37.

(48)  OJ L …’

(49)  OJ L …’

(50)  Date of entry into force of this Regulation.

(51)  Three years after the entry into force of this Regulation.

(52)  The first day of the month 3 years after the entry into force of this Regulation.

(53)  The first day of the month 5 years after the entry into force of this Regulation.

(54)  The first day of the month 3 years after the entry into force of this Regulation.

(55)  The first day of the month 5 years after the entry into force of this Regulation.

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