91997E4220

WRITTEN QUESTION E-4220/97 by Maartje van Putten (PSE) to the Commission (21 January 1998)

Subject: Labelling of foodstuffs - legibility

The labelling directive (79/112/EEC) ((OJ L 33, 8.2.1979, p.1. )) specifies in Article 11 that the required particulars must be 'easy to understand and marked in a conspicuous place in such a way as to be easily visible, clearly legible and indelible'. In the Dutch Food and Drugs Act decision on the labelling of foodstuffs this provision is implemented using the terms easily visible and easy to read (Article 23).

1. Is it correct that when Member States implement Article 11 referred to above in their legislation they do not have to specify a minimum character size?

2. Is the Commission aware of complaints on the use of characters on labels which are too small or unclear?

3. Does the Commission consider that a minimum size should be specified for the characters used on labels which, in view of the increasing number of older consumers, would give a correct interpretation of the provision 'clearly legible'?

4. If so, is the standard set in internal guidelines for the monitoring of this provision?

Answer given by Mr Bangemann on behalf of the Commission (13 February 1998)

The implementation of Article 11(2) of Directive 79/112/EEC, which specifies that the information to be provided on the labelling of foodstuffs must be visible and clearly legible, is the operators' responsibility.

As Article 14 of the Directive specifies, Member States must refrain from laying down requirements more detailed than those already contained in Articles 3 to 11 concerning the manner in which the particulars provided for in these Articles are to be shown. In accordance with this provision, Member States are not entitled to fix the size of the characters used on the labelling.

The monitoring authorities in the Member States are however authorised to check if the principles set out in Article 11(2) and incorporated in national law are being correctly applied. If they believe that the particulars appearing on the labelling are illegible, they are fully within their rights to request that those responsible for the labelling modify it accordingly. The Commission is not authorised to carry out such inspections.