8.6.2018

EN

Official Journal of the European Union

C 196/1

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Commission notice on questions and answers on the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers

(2018/C 196/01)

Table of contents

1.

Introduction

1

2.

General labelling

2

2.1.

Fair information practices

2

2.2.

Availability and placement of mandatory food information

2

2.3.

Presentation of mandatory food information and legibility

2

2.4.

Mandatory particulars (Article 9 and Section 2 of the Regulation)

3

2.5.

Additional mandatory particulars for specific types or categories of foods

5

3.

Nutrition declaration

6

3.1.

Application of the nutrition declaration

6

3.2.

Mandatory nutrition declaration

6

3.3.

Voluntary indications

7

3.4.

Forms of expression and presentation of the nutrition declaration

10

3.5.

Additional forms of expression and presentation

12

3.6.

Exemptions to the mandatory nutrition declaration

12

3.7.

Food supplements

14

3.8.

Specific products

14

1.   Introduction

On 25 October 2011, the European Parliament and the Council adopted Regulation (EU) No 1169/2011 (1) on the provision of food information to consumers (hereinafter, ‘the Regulation’). The Regulation modifies existing food labelling provisions in the Union to allow consumers to make informed choices and to make safe use of food, while at the same time to ensure the free movement of legally produced and marketed food. It is applicable since 13 December 2014, with the exception of the provisions concerning the nutrition declaration which are applicable since 13 December 2016.

This notice is intended to assist food business operators and national authorities in the application of the Regulation by providing answers to a series of questions which were raised after the entry into force of the Regulation.

The notice reflects the discussions the Commission’s Health and Food Safety Directorate-General (DG SANTE) held with experts from Member States in the context of the Working Group on Regulation (EU) No 1169/2011 on the provision of food information to consumers.

This notice is without prejudice to the interpretation which the Court of Justice of the European Union may provide.

2.   General labelling

2.1.   Fair information practices

2.1.1.   Article 7(1)(d) of the Regulation provides that ‘Food information shall not be misleading by suggesting, by means of the appearance, the description or pictorial representations, the presence of a particular food or an ingredient or food, 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’. Which type of cases would indicatively fall within the scope of this provision? How food products should then be correctly labelled?

Relevant provisions : Article 2(2)(f), 7(1)(d), Article 13(2), Annex VI, Part A, point 4

The application of Article 7(1)(d) would be triggered where it is considered that the average consumer would expect that a particular food is normally produced with a certain ingredient or a certain ingredient is naturally present in that food although those have been substituted with a different component or a different ingredient.

The following examples can be given:

—

a food in which an ingredient normally used in that food has been substituted with a different component or a different ingredient, e.g. a pizza for which the presence of cheese is expected given a picture on the label while cheese has been substituted with another product, named otherwise, made from raw materials used for the purpose of replacing, in whole or in part, milk,

—	a food in which a component naturally present in that food has been substituted with a different component or a different ingredient, e.g. product that looks like cheese where the fat of milk origin has been replaced by fat of vegetable origin.

As regards the labelling in the case of foods where a substitution ingredient(s) is used in a product, the name of the product must be followed in close proximity by the name of the substitution ingredient(s), printed on the package or on the label in such a way so as to ensure clear legibility and using a font size which has an x-height of at least 75 % of the x-height of the name of the product and which is not smaller than 1,2 mm.

It is up to the food business operator to find an appropriate name for this substitution food in accordance with the rules concerning the name of the food.

In addition, the provisions of the product-specific legislation in place, where appropriate, must also be respected. For example it is forbidden to use the name ‘imitation cheese’ because the name ‘cheese’ is reserved exclusively for milk products (2).

2.2.   Availability and placement of mandatory food information

2.2.1.   In the case of prepacked food, mandatory food information must appear either on the package or on the label attached thereto. What kind of labels may be used for the purpose of a label attached thereto?

Relevant provisions : Article 2(2)(i), Article 12

Labels must not be easily removable so as to jeopardise the availability or the accessibility of the mandatory food information to the consumer.

In the case of peel-off labels attached on the package, a case-by-case assessment must be carried out to assess whether the general requirements on the availability, accessibility and placement of the mandatory information are fulfilled.

Any types of labels that are considered to satisfy the abovementioned criteria may be used.

2.3.   Presentation of mandatory food information and legibility

2.3.1.   How is the ‘largest surface area’ being determined, especially with respect to cans or bottles?

Relevant provisions : Article 13(3), Article 16(2), Annex V, point 18

In the case of rectangular or box-shaped packages, the determination of the ‘largest surface area’ is straightforward, i.e. the entire largest side of the package concerned (height × width).

In the case of cylindrical shapes (e.g. cans) or bottle-shaped packages (e.g. bottles) which often have uneven shapes, ‘largest surface’ could be understood as the area excluding tops, bottoms, flanges at the top and bottom of cans, shoulders as well as necks of bottles and jars.

Indicatively, according to the International Recommendation 79 of the International Organisation of Legal Metrology (3), the area of principal display panel of the package in the case of cylindrical or nearly cylindrical package is determined as 40 % of the product of the height of the package x the circumference excluding the tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles and jars.

2.3.2.   How is the font size to be defined for capital letters and numbers?

Relevant provisions : Annex IV

The size of capital letters and numbers must be equivalent to the letter ‘A’ which begins the word ‘Appendix’, where the x-height is equal to or greater than 1,2 mm.

2.3.3.   Does the mandatory font size, as laid down in Article 13(2), also apply to the additional mandatory particulars required for specific types or categories of foods such as those listed in Annex III?

Relevant provisions : Article 13(2), Annex III

The minimum font size as laid down in Article 13(2) applies only for mandatory particulars listed in Article 9(1).

When the additional mandatory particulars listed in Annex III are displayed in a way that form part of the name of the food, then the mandatory font size requirement, as laid down in Article 13(2), applies.

In the other cases, the mandatory font size does not apply.

2.3.4.   Does the mandatory font size, as laid down in Article 13(2), also apply to the mandatory particulars accompanying the name of the food such as those listed in Annex VI, Part A (e.g. ‘defrosted’, ‘smoked’, ‘irradiated’, etc.)?

Relevant provisions : Article 13(2), Annex VI, Part A

Yes, since these mandatory particulars are associated with the name of the food for which the minimum font size provision as laid down in Article 13(2) applies.

Concerning Annex VI, part A, point 4, the Regulation requires a font size which has an x-height of at least 75 % of the x-height of the name of the product which in any case will not be smaller than the minimum font size required in Article 13(2).

2.4.   Mandatory particulars (Article 9 and Section 2 of the Regulation)

2.4.1.   Name of the food

In which cases must the name of a food include an indication of the presence of added water exceeding 5 % of the weight of the finished product?

Relevant provisions : Annex VI, Part A, point 6

An indication of the presence of added water which makes up more than 5 % of the weight of the finished product must be included in the name of the food in the following cases:

—	meat products and meat preparations which have the appearance of a cut, joint, slice, portion or carcase of meat,

—	fishery products and prepared fishery products which have the appearance of a cut, joint, slice, portion, filet or of a whole fishery product.

The determination of whether a food product fulfils these requirements must be carried out on a case-by-case basis by the food business operators. In this regard, the appearance of the food has to be taken into account. Indicatively, foods like sausages (e.g. mortadella, hot dog), black pudding, meat loaf, meat/fish pate, meat/fish balls would not require such indication.

2.4.2.   List of ingredients

—

Should engineered nanomaterials be labelled in the list of ingredients? Are there any exemptions? Relevant provisions : Article 18(3) and 20 All engineered nanomaterials used as ingredients must be clearly indicated in the list of ingredients. Article 20 (b), (c) and (d) lays down exemptions for food additives and food enzymes and carriers and substances from being included in the list of ingredients. The same exemptions also apply when these are in the form of engineered nanomaterials.

—

Indication and designation of ingredients — Is it possible to place on the label a statement: ‘rape plant oil or palm plant oil partly hydrogenated’ when a producer alternates the source of plant oil? Relevant provisions : Article 7 and 18, Annex VII, Part A, points 8 and 9 No, such indication would not comply with the Regulation. It is not possible to display on the label information which is not accurate or specific enough about the characteristics of the food, with the result that the consumer could be misled. — Is the indication of specific vegetable origin mandatory for any food that contains oils or fats of vegetable origin, regardless of the amount of oil or fat in the food? Relevant provisions : Article 18, Annex VII, Part A, points 8 and 9 Yes, it is mandatory regardless of the amount of oil or fat in the food concerned.

2.4.3.   Indication of the net quantity

The Regulation provides that ‘where the food has been glazed, the declared net weight of the food must be exclusive of the glaze’. This means that in such cases the net weight of the food will be identical to the drained net weight. Do both ‘net weight’ and ‘drained net weight’ need to be indicated on the label?

Relevant provisions : Annex IX, point 5

Where a solid food is presented in a liquid medium, the drained net weight must be indicated in addition to the net weight/quantity. For the purposes of this point, frozen or quick-frozen water is considered as a liquid medium which will entail the obligation to include in the label information about the net weight as well as about the drained weight. In addition, the Regulation specifies that where a frozen food or quick-frozen food has been glazed, the net weight must not include the glaze itself (net weight without the glaze).

As a consequence, the declared net weight of the glazed food is identical to its drained net weight. Taking this into account as well as the need to avoid misleading the consumer, the following net indications would be possible:

—	double indication: — net weight: X g, and — drained net weight: X g,

—	comparative indication: — net weight = drained net weight = X g,

—	single indication: — net weight (without glaze): X g.

2.4.4.   ‘Best before’ or ‘Use by’ date

Does cider have to be labelled with a date of minimum durability ‘best before’?

Relevant provisions : Article 24, Annex X, point 1(d)

No, cider obtained by fermentation does not need to bear a date of minimum durability as it belongs to the category ‘wines, liqueur wines, sparkling wines, aromatised wines, and similar products obtained from fruits other than grapes, and beverages falling within CN code 2206 00 obtained from grapes or grape musts’ which is exempted from this obligation.

However, a product obtained by the mixing of alcohol with fruit juice would not be considered as ‘similar products obtained from fruit other than grapes’ under the abovementioned category and therefore an indication of a date of minimum durability ‘best before’ would be required unless the product contains 10 % or more by volume of alcohol (the indication of the date of minimum durability ‘best before’ is not required for beverages containing 10 % or more by volume of alcohol).

2.4.5.   Instructions for use

As far as the ‘instructions for use’ are concerned, can a food business operator use the symbol of a pan or an oven without the words ‘pan’ or ‘oven’?

Relevant provisions : Articles 9(2) and 27

No, it is not possible. Mandatory particulars such as the instructions for use must be indicated with words and numbers. The use of pictograms or symbols is only an additional means to express such particulars.

However, the Commission may adopt in the future implementing acts allowing one or more mandatory particulars to be expressed by means of pictograms or symbols instead of words or numbers.

2.5.   Additional mandatory particulars for specific types or categories of foods

2.5.1.   Labelling of frozen food

—

Is the date of freezing or the date of first freezing, in cases where the product has been frozen more than once, mandatory on the labelling of non-prepacked frozen meat, frozen meat preparations and frozen unprocessed fishery products? Relevant provisions : Annex III No. The date of freezing is mandatory only on the labelling of prepacked frozen meat, frozen meat preparations and frozen unprocessed fishery products. Member States may decide to extend this requirement to non-prepacked ones.

—

How are ‘unprocessed fishery products’ defined? Fishery products (4) cover all seawater or freshwater animals (except for live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods, and all mammals, reptiles and frogs) whether wild or farmed and including all edible forms, parts and products of such animals. Unprocessed (5) fishery products are fishery products that have not undergone processing, and include products that have been divided, parted, severed, sliced, boned, minced, skinned, ground, cut, cleaned, trimmed, husked, milled, chilled, frozen, deep-frozen or thawed.

—

Can the indication ‘quick frozen on [DATE]’ be used to indicate the date of freezing on frozen meat, frozen meat preparations and frozen unprocessed fishery products? Relevant provisions : Annex III, point 6 and Annex X, point 3 No, the indication ‘quick frozen on …’ cannot be used since Annex X clearly stipulates that the term to be used is ‘Frozen on …’.

3.   Nutrition declaration

3.1.   Application of the nutrition declaration

3.1.1.   Do the rules on nutrition declaration laid down in the Regulation apply to all foods?

Relevant provisions : Article 29

The rules do not apply to the following foods, which have their own nutrition labelling rules:

—	food supplements (6),

—	natural mineral waters (7).

In relation to foods for specific groups, the Regulation applies without prejudice to rules laid down in Regulation (EU) No 609/2013 of the European Parliament and of the Council (8) or specific measures under that framework.

3.2.   Mandatory nutrition declaration

3.2.1.   What has to be declared?

Relevant provisions : Articles 13, 30, 32, 34 and 44, Annexes IV and XV

Mandatory nutrition declaration must include all the following particulars: energy value and the amounts of fat, saturates, carbohydrate, sugars, protein and salt.

The energy value must be given both in kJ (kilojoules) and in kcal (kilocalories). The value in kilojoules must be given first, followed by the value in kilocalories. The abbreviation kJ/kcal can be used.

The order of presentation of the information must be as follows:

energy fat of which — saturates, carbohydrate of which — sugars protein salt

If space permits, the declaration must be presented in the form of a table, with numbers aligned. A linear format may be used if space does not allow for the provision of the information in a tabular format.

The rules on minimum font size apply to the nutrition declaration, which has to be printed with characters using a font size where the x-height is equal to or greater than 1,2 mm. For packaging or containers whose largest surface is less than 80 cm2, the x-height has to be minimum 0,9 mm. X-height is defined in Annex IV to the Regulation.

(N.B.: Food in packaging or containers the largest surface of which has an area of less than 25 cm2 is exempt from mandatory nutrition labelling (Annex V, point 18, see point 3.6.1 below).

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 …’ to be indicated in close proximity to the nutrition declaration (see point 3.2.2 for the notion of negligible amount).

There are products which are exempted from providing the nutrition declaration (See point 3.6.1).

3.2.2.   Where a product contains negligible amount(s) of nutrient(s) for which mandatory labelling is required or has a negligible energy value, is it necessary to include such nutrients or energy value in the nutrition table (Article 34(5))?

Relevant provisions : Article 34(5)

No, when the energy value or the amount of a nutrient is negligible, the nutrition declaration for the nutrient can be replaced by a statement such as ‘contains negligible amount of …’ in close proximity to the nutrition declaration.

3.2.3.   When can the statement indicating that the salt content is exclusively due to the presence of naturally occurring sodium be used?

Relevant provisions : Article 30(1)

The statement indicating that the salt content is exclusively due to the presence of naturally occurring sodium can appear in close proximity to the nutrition labelling on foods to which salt was not added, such as milk, vegetables, meat and fish. Where salt has been added during processing, or as the result of the addition of ingredients that contain salt, e.g. ham, cheese, olives, anchovies, etc., the statement cannot be used.

3.2.4.   The amount of ‘salt’ declared in the mandatory nutrition panel will be calculated using the formula: salt = sodium × 2,5. Must all sodium originating from any ingredient, e.g. sodium saccharin, sodium ascorbate, etc., be included in this calculation?

Relevant provisions : Annex I, point 11

Yes, the equivalent salt content must always be derived from the total sodium content of the food product by using the formula: salt = sodium × 2,5.

3.3.   Voluntary indications

3.3.1.   What other nutrients can be declared?

Relevant provisions : Articles 30(2), 32, 33 and 34, Annex XV

The mandatory nutrition declaration may also be supplemented by an indication of the amount of one or more of the following:

(a)	mono-unsaturates;

(b)	polyunsaturates;

(c)

polyols;

(d)

starch;

(e)

fibre;

(f)	vitamins and minerals.

The order of presentation of the information, where appropriate, must be as follows:

energy fat of which — saturates, — mono-unsaturates, — polyunsaturates, carbohydrate of which — sugars, — polyols, — starch, fibre protein salt vitamins and minerals

If space permits, the declaration must be presented in the form of a table with numbers aligned. A linear format may be used if space does not allow for the provision of the information in a tabular format.

These nutrients must be declared in grams (g) (9) per 100 g or per 100 ml, and may be additionally declared per portion or per consumption unit of the product.

3.3.2.   Where a substance, for which a nutrition or a health claim has been made, is not part of the nutrition declaration, how should this information be declared?

Relevant provisions : Articles 30 and 49

When the nutrient for which a nutrition or a health claim has been made is part of the nutrition declaration, no additional labelling is required.

When the nutrient or other substance for which a nutrition or a health claim has been made is not part of the nutrition declaration, the amount of the nutrient or other substance must be labelled in the same field of vision, e.g. in close proximity to the nutrition declaration (see also point 3.3.5 below).

3.3.3.   When the amount of fibre (or any other nutrient referred to in Article 30(2)) is declared on a non-prepacked food, what are the other nutritional elements that need to be declared?

Relevant provisions : Article 30(1), (2), (5) and Article 49

If a food business operator is interested in declaring the amount of fibre of a product, or the amount of any other nutrient referred to in Article 30(2), then the full nutrition declaration must be given. This comprises:

—	the energy value, and

—	the amounts of fat, saturates, carbohydrate, sugars, protein and salt.

When a nutrition or a health claim relates to any nutrient referred to in Article 30(2), the amount of that nutrient must also be stated in the nutrition declaration.

3.3.4.   Is it possible to label the fibre content using a percentage of a reference intake, even if there is no harmonised reference intake laid down in the Regulation for fibre?

Relevant provisions : Article 30(2) and Article 35(1)(e)

No. The only nutrients for which the amount can be expressed as a percentage of a reference intake are the ones for which reference intakes are set out in Annex XIII, even when additional forms of expression and presentation of the nutrition declaration are used.

3.3.5.   Is it possible to label the content of components of voluntary nutrients, e.g. ‘omega 3 fatty acids’, as components of polyunsaturates?

Relevant provisions : Article 30

No. The nutrition declaration is a closed list of energy value and nutrients and cannot be supplemented by any further nutrition information (but see also point 3.3.2 above).

3.3.6.   What nutrition information can be repeated on the package?

Relevant provisions : Articles 30(3), 32(2), 33 and 34(3)

Some of the mandatory nutrition labelling information can be repeated on the package, in the principal field of vision (commonly known as ‘front of pack’), using one of the following formats:

—	energy value, or

—	energy value, and the amount of fat, saturates, sugars and salt.

The rules on minimum font size apply to this repeated declaration (Article 13(2), Annex IV, see also point 3.2.1).

When repeated, the nutrition declaration remains a list of defined and limited content. No additional information is permitted within the nutrition declaration made in the principal field of vision.

When repeated, the declaration can be made per portion/consumption unit alone (provided the portion/unit is quantified in close proximity to the nutrition declaration and the number of portions/units is labelled on the package). However, the energy value must also be provided per 100 g or per 100 ml in addition.

3.3.7.   When the repeated nutrition information in the principal field of vision (‘front of pack’) is expressed as a percentage of the reference intakes, does this information also need to appear in the mandatory nutrition declaration (‘back of pack’)?

Relevant provisions : Articles 30(3), 32(4) and 33, Annex XIII

Voluntarily repeated nutrition information in the principal field of vision (‘front of pack’) must only contain information on energy alone, or on energy plus fat, saturates, sugar and salt. This information must also be provided in the mandatory (‘back of pack’) nutrition declaration. However, it is possible to express this front of pack information as percentage of reference intakes (in addition to the absolute values) even if this form of expression is not used in the mandatory nutrition declaration.

3.3.8.   Is it possible to repeat the nutrition declaration once in the form of a simple declaration of energy value and another time in the form of energy value together with the amounts of fat, saturates, sugars and salt?

Relevant provisions : Article 30(3) and Article 34(3)

The nutrition declaration can be repeated as the energy value alone or as the energy value together with the amounts of fat, saturates, sugars and salt. It is also possible to repeat this information more than once.

These voluntary additions of the nutrition declaration must appear in the principal field of vision and comply with the provisions on minimum font size.

3.3.9.   Is the labelling of the content of a single nutrient allowed on the front of pack, like X % fat?

Relevant provisions : Article 30(3)

The voluntary repetition of the nutrition declaration does not allow the labelling of a single nutrient content, as the information to be provided would be either the energy value alone or the energy value together with the amounts of fat, saturates, sugars and salt.

However, the label can include the declaration of a single nutrient content when this declaration is required by law, such as the fat content of:

—	certain drinking milks referred to in Annex VII, Part IV, paragraph III, subparagraph 1 of Regulation (EU) No 1308/2013 of the European Parliament and the Council (10) establishing a common organisation of agricultural products,

—	certain spreadable fats referred to in Annex VII, Part VII, paragraph I and its Appendix II of Regulation (EU) No 1308/2013 establishing a common organisation of agricultural products.

It would also be possible to label indications such as ‘low fat’ or ‘fat < 3 %’, provided they comply with the conditions of use of that claim and the other relevant provisions of Regulation (EC) No 1924/2006 of the European Parliament and the Council (11) on nutrition and health claims made on foods and provided that Article 7(1)(c) of Regulation (EU) No 1169/2011 is also respected.

3.3.10.   Where products are destined for sale in more than one country can nutrition declarations in the format required by the US and Canada be provided in addition to the nutrition declaration which meets requirements of the Regulation?

Relevant provisions : Articles 30, 34 and 36, Annexes XIV and XV

No. A nutrition declaration in the format required by the US and Canada would not be in line with the EU requirements, as both mandatory and voluntary information have to comply with the rules laid down in the Regulation. Such labelling might also mislead the consumer because of the different conversion factors used in the US to calculate energy value and the amount of nutrients.

3.4.   Forms of expression and presentation of the nutrition declaration

3.4.1.   What are the forms of expression of the mandatory elements in the nutrition declaration?

Relevant provisions : Articles 32, 33, Annexes XIII and XV

The amounts of fat, saturates, carbohydrate, sugars, protein and salt must be expressed in grams (g) per 100 g or per 100 ml, and the energy value in kilojoules (kJ) and in kilocalories (kcal) per 100 g or per 100 ml of the food.

They may be additionally declared per portion/consumption unit of the food. The portion or consumption unit has to be easily recognisable by the consumer, quantified on the label in close proximity to the nutrition declaration, and the number of portions or units contained in the package has to be stated on the label.

In addition, the energy value and the amounts of fat, saturates, carbohydrate, sugars, protein and salt may also be expressed as a percentage of the reference intakes specified in the following table per 100 g or per 100 ml. In addition to or instead of such a declaration per 100 ml or per 100 g, the percentages of the reference intakes can be expressed per portion/consumption unit.

Energy or nutrient	Reference intake
Energy	8 400 kJ/2 000 kcal
Total fat	70 g
Saturates	20 g
Carbohydrate	260 g
Sugars	90 g
Protein	50 g
Salt	6 g

When percentages of the reference intakes are expressed per 100 g or per 100 ml, the nutrition declaration must include the following statement: ‘Reference intake of an average adult (8 400kJ/2 000 kcal)’.

For non–prepacked foods, the nutrition declaration can be expressed on the basis of per portion or per consumption unit alone.

3.4.2.   Can the acronym RI for Reference Intake be used on food labels?

Relevant provisions : Articles 32 and 33

The acronym RI for Reference Intake can be used on food labels provided it is explained in full on the package and can be easily found by the consumers. The statement ‘Reference intake of an average adult (8 400 kJ/2 000 kcal)’ cannot be modified.

3.4.3.   Can the terms ‘Guideline Daily Amount’ or its acronym GDA be used?

Relevant provisions : Articles 32 and 33

The intention of the Regulation is to harmonise the content, expression and presentation of the nutrition information given to consumers, including the voluntary information. In the light of this intention, it is not possible to use the terms ‘Guideline Daily Amount’ or its acronym GDA in the context of application of Articles 32 and 33 of the Regulation (see also point 3.4.2). It should also be noted that the notion of reference intake is different from the notion of guideline daily amount, as the term ‘reference intake’ does not imply a nutritional advice unlike the term ‘guideline’. There is no nutritional advice to consume, for example, 20 g of saturated fat per day and it should not be considered by consumers as a minimum quantity necessary to maintain health.

3.4.4.   Must the additional statement: ‘Reference intake of an average adult (8 400 kJ/2 000 kcal)’ be indicated in close proximity of each nutrition declaration?

Relevant provisions : Articles 32 and 33

Yes, when the information is expressed as a percentage of the reference intakes on the basis of 100 g or 100 ml.

No, when it is expressed on a per portion basis.

3.4.5.   The reference intakes for energy and nutrients are established for adults. Can the energy value and the amounts of nutrients be expressed voluntarily as a percentage of reference intakes for children, instead of or in addition to percentages of reference intakes for adults?

Relevant provisions : Articles 32(4), 36(3) and 43, Annex XIII

No. The voluntary indication of reference intakes for specific population groups is allowed only if Union provisions, or in their absence national rules, have been adopted.

The energy value and the amounts of nutrients can only be expressed as a percentage of reference intakes for adults, in addition to their expression as absolute values. However, the Regulation requests the Commission to adopt implementing acts on the indication of reference intakes for specific population groups in addition to the reference intakes set out for adults, and reference intakes for children may be available in the future. Pending the adoption of such Union provisions, Member States may adopt national rules setting scientifically based reference intakes for such population groups. The use of reference intakes for other specific population groups, such as children, are not allowed for products placed on the market or labelled since 13 December 2014, unless Union or national rules establish scientifically based reference intakes for such groups.

3.4.6.   What is a consumption unit? Can pictograms be used to define a portion? Can the symbol ‘≈’ or ‘~’ meaning ‘approximately equal to’ be used to indicate the number of portions in a package?

Relevant provisions : Article 33

The ‘consumption unit’ must be easily recognisable by the consumer and means a unit that can be consumed individually. A single consumption unit does not necessarily represent a portion. For example, a square of a chocolate tablet could be the consumption unit, but the portion would be more than one chocolate square.

Symbols or pictograms can be used to define the portion or consumption unit. The Regulation only requires that the consumption unit or the portion be easily recognisable and quantified on the label. In using symbols or pictograms, their meaning to the consumer must be clear and not be misleading.

Slight variations in the number of consumption units or portions in a product can be signalled by using appropriate symbols before the number of portions or consumption units.

3.5.   Additional forms of expression and presentation

3.5.1.   Can icons alone be used to symbolise nutrients and/or energy instead of words?

Relevant provisions : Article 34, Annex XV

No. Mandatory and voluntary nutrition information must follow a certain format, which requires energy and nutrients to be labelled in words.

The general principle that mandatory information must be given in words and numbers also applies to cases where nutrition information is given on a voluntary basis. Pictograms and symbols can be used additionally.

3.5.2.   Can energy value be provided only in kcal where nutrition information is voluntarily repeated in the principal field of vision?

Relevant provisions : Article 32(1), Annex XV

No. The information on the energy must systematically be declared, wherever it is provided in both kJ (kilojoules) and kcal (kilocalories).

3.6.   Exemptions to the mandatory nutrition declaration

3.6.1.   What are the exemptions?

Relevant provisions : Article 16(3) and (4), Article 30(4) and (5) and Article 44(1)(b), Annex V

The products listed in Annex V are exempted from mandatory nutrition labelling, except when a nutrition or a health claim is made.

In addition, the exemption applies to alcoholic beverages (containing more than 1,2 % alcohol) and to non-prepacked foods (unless a specific EU law or a national measure requires it).

When the nutrition information is provided voluntarily, it has to follow the rules for mandatory nutrition labelling. However:

—	for alcoholic beverages, the nutrition declaration may be limited to the energy value. No specific format is required,

—	for non-prepacked foods, the nutrition declaration may be limited to the energy value or to the energy value and the amount of fat, saturates, sugars and salt. It can be given per portion or consumption unit alone, provided the portion/unit is quantified and the number of portions/units is given.

3.6.2.   Are the following foods exempted from the requirements of the mandatory nutrition declaration?

Relevant provisions : Annex V

—

Unprocessed products that comprise a single ingredient or category of ingredients — Flour (for example wheat flour) yes, subject to qualifications below Flour which does not contain any added ingredients, e.g. additives, vitamins, minerals, and which has not undergone any processing other than milling and husking, is considered as an unprocessed product (12). — Parboiled rice and pre-cooked rice no Parboiled rice undergoes a precooking step and therefore cannot be considered as an unprocessed food. However rice benefits from the exemption for unprocessed products that comprise a single ingredient or category of ingredients. — Vegetable oil no Vegetable oils are processed products and therefore cannot benefit from the exemption for unprocessed products that comprise a single ingredient or category of ingredients. — Sugar no Sugar is a processed product and therefore cannot benefit from the exemption for unprocessed products that comprise a single ingredient or category of ingredients. — Honey yes Honey is considered as an unprocessed food and made of constituents and not ingredients, as clarified by Recital 3 of Directive 2014/63/EU of the European Parliament and of the Council (13) amending Council Directive 2001/110/EC (14) relating to honey. Honey can therefore benefit from the exemption from the requirement of the mandatory nutrition declaration.

—

A herb, a spice or mixtures thereof — Herb and spice products containing flavourings and/or acidity regulators yes Herbs, spices or mixtures thereof are exempted from the requirement of the mandatory nutrition declaration, as they are consumed in small quantities and have no significant nutritional impact on the diet. Similarly, such products containing flavourings and/or acidity regulators benefit from this exemption, provided the flavourings and/or acidity regulators do not have a significant nutritional impact.

—

Salt and salt substitutes — Iodised salt no Following Article 7(3) of Regulation (EC) No 1925/2006 of the European Parliament and of the Council (15) on the voluntary addition of vitamins and minerals and of certain other substances to foods, the nutrition declaration of products to which vitamins and minerals have been added must be compulsory. However, mandatory addition of iodine to salt is not covered by Regulation (EC) No 1925/2006 and specific labelling provisions regarding the amount of iodine added are covered by national legislation.

—	Fermented vinegars and substitutes for vinegar, including those where the only added ingredients are flavourings — Fermented vinegar with added salt no The exemption for fermented vinegars and substitutes for vinegar is only valid for products to which the only added ingredients are flavourings.

3.7.   Food supplements

3.7.1.   For food supplements, what terminology in relation to reference values must be used for the declaration of vitamins and minerals?

Relevant provisions : Article 29, Annex XIII

The rules on the nutrition declaration of the Regulation do not apply to food supplements.

Article 8(3) of Directive 2002/46/EC of the European Parliament and of the Council (16) on food supplements stipulates that information on vitamins and minerals must also be expressed as a percentage of the reference values mentioned in the Annex to Directive 90/496/EEC (17), which was replaced by the Regulation from 13 December 2014.

Directive 90/496/EEC requested the use of a percentage relating it to recommended daily allowances (RDAs), which are replaced in Annex XIII, Part A of the Regulation by daily Reference Intakes or ‘nutrient reference values (NRVs)’. While the term ‘nutrient reference values’ can be used or its acronym ‘NRVs’ provided that it is explained in full on the package and can be easily found by the consumers, it is advised for reasons of consistency to use the same terminology for food supplements as for other nutrients on foods (18) and to refer to Reference Intakes.

3.7.2.   Do food supplements bearing a nutrition or a health claim have to provide a nutrition declaration in accordance with the Regulation?

Relevant provisions : Articles 29 and 49

No. The provisions in the Regulation requiring a nutrition declaration do not apply to food supplements. According to Article 7 of Regulation (EC) No 1924/2006 of the European Parliament and of the Council (19) on nutrition and health claims, in the case of food supplements, the nutrition information shall be provided in accordance with Article 8 of Directive 2002/46/EC of the European Parliament and of the Council (20) on food supplements.

3.8.   Specific products

3.8.1.   For foods packed with a liquid, should the nutrition declaration correspond to the drained product (without the liquid) or the product in its entirety (with the liquid)?

Relevant provisions : Article 31(3)

Solid foods can be presented in a liquid medium, as defined in paragraph 5 of Annex IX (such as brine, fruit juice) or other liquids (such as oil). Some consumers eat the totality of such products, while others only eat the drained products. In that context, the nutrition declaration should therefore preferably be calculated for the total content of the food product, the solid food and the liquid together, when the product is likely to be consumed in its entirety. This information can be voluntarily supplemented by a nutrition declaration for the drained product. For other products for which the liquid is not expected to be consumed, nutrition information based on the drained net weight appears more relevant.

In any case, the nutrition declaration shall make clear that it refers to the drained products or to the product in its entirety.

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(1)  OJ L 304, 22.11.2011, p. 18.

(2)  Regulation (EU) No 1308/2013 of the European Parliament and the Council, Annex VII, Part ΙΙΙ (OJ L 347, 20.12.2013, p. 671).

(3)  International Organisation of Legal Metrology, International Recommendation R79 [Edition 1997(E)]. https://www.oiml.org/en/files/pdf_r/r079-e15.pdf

(4)  Regulation (EC) No 853/2004, Annex I, point 3.1 (OJ L 139, 30.4.2004, p. 55).

(5)  On the basis of the definition of unprocessed foods laid down in Article 2(1)(n) of Regulation (EC) No 852/2004 of the European Parliament and of the Council (OJ L 139, 30.4.2004, p. 1).

(6)  Directive 2002/46/EC of the European Parliament and of the Council (OJ L 183, 12.7.2002, p. 51).

(7)  Directive 2009/54/EC of the European Parliament and of the Council (OJ L 164, 26.6.2009, p. 45).

(8)  OJ L 181, 29.6.2013, p. 35.

(9)  See also the specific units of measurement for vitamins and minerals in Annex XIII, Part A, point 1.

(10)  OJ L 347, 20.12.2013, p. 671.

(11)  OJ L 404, 30.12.2006, p. 9.

(12)  Article 2(1)(b) of the Regulation makes reference to the definition of ‘unprocessed products’ laid down in Article 2(1)(n) of Regulation (EC) No 852/2004 on the hygiene of foodstuffs: ‘“unprocessed products” means foodstuffs that have not undergone processing, and includes products that have been divided, parted, severed, sliced, boned, minced, skinned, ground, cut, cleaned, trimmed, husked, milled, chilled, frozen, deep-frozen or thawed’.

(13)  OJ L 164, 3.6.2014, p. 1.

(14)  OJ L 10, 12.1.2002, p. 47.

(15)  OJ L 404, 30.12.2006, p. 26.

(16)  OJ L 183, 12.7.2002, p. 51.

(17)  OJ L 276, 6.10.1990, p. 40.

(18)  Article 32(3) of Regulation (EU) No 1169/2011.

(19)  OJ L 404, 30.12.2006, p. 9.

(20)  OJ L 183, 12.7.2002, p. 51.

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8.6.2018

EN

Official Journal of the European Union

C 196/15

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Non-opposition to a notified concentration

(Case M.8902 — 3i Group/Deutsche Alternative Asset Management/Attero Holding)

(Text with EEA relevance)

(2018/C 196/02)

On 31 May 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8902. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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8.6.2018

EN

Official Journal of the European Union

C 196/15

---

Non-opposition to a notified concentration

(Case M.8918 — AEA Investors/BCI/Springs)

(Text with EEA relevance)

(2018/C 196/03)

On 1 June 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8918. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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8.6.2018

EN

Official Journal of the European Union

C 196/16

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Council conclusions on the role of youth in addressing the demographic challenges within the European Union

(2018/C 196/04)

THE COUNCIL OF THE EUROPEAN UNION,

RECALLING:

1.

The political background to this issue, as set out in the Annex to these conclusions.

2.

That one of the four overall priorities of the Bulgarian Presidency of the Council of the EU is ‘The future of Europe and young people — economic growth and social cohesion’.

TAKES NOTE OF:

3.

The political initiatives within the European Union, such as the Renewed framework for European cooperation the field of youth (EU Youth Strategy 2010-2018), Erasmus +, the Youth Guarantee, the Youth Employment Initiative and the Youth-Partnership with the Council of Europe, that illustrate the various approaches towards building a society in which the potential of all young people is developed and where they gain the skills needed to succeed both as citizens in a democratic society and in their working and private lives, regardless of their background.

4.

The European Council conclusions of December 2017, where the Heads of States and Governments invited Member States, the Council and the Commission, inter alia, to ‘step up mobility and exchanges’ in the EU.

5.

The 2016 Annual report on intra-EU labour mobility published in May 2017.

RECOGNISES THAT:

6.

The European Union is facing demographic challenges, in part as a result of increasing mobility in and between countries, an ageing population and due to regional instability and the aftermath of the financial and economic crisis.

7.

The demographic challenges may affect in particular young people. Currently youth unemployment is still considerably high (1) in some European Member States, despite the efforts, such as the establishment of the Youth Guarantee, undertaken both at EU and national levels to address this problem. Young people may decide to leave their native region in order to study or work abroad, for various reasons such as the consequences of the economic crisis, youth unemployment or their personal choice, seeking better personal and/or professional development.

8.

Free mobility of young people is a fundamental principle within the Union and a key instrument in promoting mutual understanding and partnership, since it equips young people with the relevant knowledge and skills that could help them have a broad understanding of the diverse attitudes towards life and the different situations they might face. Furthermore, it also adds to the understanding of European identity and values.

9.

It is crucial to further build on the existing partnership among stakeholders within the youth sector and beyond, when and where possible, in order to foster resilience, balance and equity within the Union. In that context, it is important to further promote common European values as the core principle for fostering social cohesion, and the well-being of young people, especially those with fewer opportunities.

ACKNOWLEDGES THAT:

10.

Mobility of young people is significant for their professional and personal development. It supports their intercultural understanding and expanding the perception of young people so as to allow them to live in a harmonious and equal society. At the same time free movement could have in-country impact, such as low youth population in some rural areas.

11.

Learning mobility could further strengthen young people’s understanding of active citizenship and solidarity, their rights and responsibilities, their recognition and respect for democratic values and cultural diversity and their guarantee of freedom of expression and belief, though the acquisition of the necessary life skills is essential.

12.

Whether or not young people are deciding to stay in the host country or return to their native region, they should be enabled to live in an inclusive environment, where they can easily contribute to society with their new skills gained through their free movement within the European Union. This could be beneficial for their personal and professional development and their active role in the society they decide to live in.

STRESSES THAT:

13.

Professional guidance plays an important role in helping young people to identify their competences and make informed decisions. It is important to equip young people with relevant skills, such as communication and language and intercultural competences, so they can adapt more easily in their native region or host countries. In that context, youth work is crucial as one of the instruments for developing the key life skills needed to address the economic, political, social and cultural challenges that could emerge through the increased mobility of young people. It could also have an impact on their access to quality employment, social inclusion and active citizenship.

14.

Youth work and non-formal and informal learning should help young people maximise their potential and support them in achieving and sustaining fulfilling and productive personal, social and working lives, regardless of whether they decided to stay in the host country or return to their native region.

15.

More sufficient information and data on the challenges young people are facing as a result of increased mobility would help to get a more detailed picture of the circumstances.

INVITES THE MEMBER STATES TO:

16.

Encourage cross-sectoral partnerships and opportunities in order to provide, as appropriate, effective inclusion and/or integration of young people in the host country or when returning home.

17.

Foster the contribution of youth work and working for and with young people in developing young people’s life skills, including communication and language competences, to facilitate their participating better in civic and civil life in a European context.

18.

Consider including and further expanding the discussion on the impact of the demographic challenges that young people are facing in the Union.

19.

Promote the attractiveness of disadvantaged areas, including education and employment opportunities and the facilities and services for young people.

INVITES THE MEMBER STATES AND THE EUROPEAN COMMISSION WITHIN THEIR RESPECTIVE SPHERES OF COMPETENCE TO:

20.

Facilitate the access and distribution of data as well as the exchange of good practices in addressing the demographic challenges as a consequence of the free mobility of young people via various channels, including the EU Youth Report, the Youth Wiki and other established channels and platforms.

21.

Consider organising an international event for further exploration of the impact of the demographic challenges through free movement of young people between interested Member States and stakeholders.

22.

Continue to work together to ensure that these conclusions are acted upon in the context of ongoing work on strategic perspectives for European cooperation in the youth field and beyond.

23.

Promote the attractiveness of disadvantaged areas, using European Regional Funds, where appropriate.

INVITES THE EUROPEAN COMMISSION TO:

24.

Examine the possibility for fostering all forms of dialogue between young people living outside their native region and also with young people from host countries with the support of the international youth network, EURODESK across the European Union or through other established networks.

25.

Maintain and further develop the preparatory stage (including language training and intercultural awareness) of EU Mobility programmes for young people.

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(1)  http://ec.europa.eu/eurostat/statistics-explained/index.php/Unemployment_statistics

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8.6.2018

EN

Official Journal of the European Union

C 196/20

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Council conclusions on the need to bring cultural heritage to the fore across policies in the EU

(2018/C 196/05)

THE COUNCIL OF THE EUROPEAN UNION,

RECALLING THAT:

1.

The Leaders of EU Member States and of EU institutions proclaimed in the Rome Declaration from 25 March 2017 a vision of a ‘Union where citizens have new opportunities for cultural and social development’ which ‘preserves our cultural heritage and promotes cultural diversity’ (1);

2.

The European Council in its conclusions from 14 December 2017 (2) called on Member States, the Council and the Commission, in line with their respective competences to take work forward with a view to taking the opportunity of the European Year of Cultural Heritage 2018 (3) to increase awareness of the social and economic importance of culture and cultural heritage;

ACKNOWLEDGING THAT:

3.

Today, culture is highlighted on the EU's political agenda as confirmed by the Leaders' discussion in Gothenburg in November 2017, during which the Leaders recognised the importance of culture in building inclusive and cohesive societies, and in sustaining Europe's competitiveness (4);

4.

This development reaffirms the value of good cooperation at EU level in cultural heritage and confirms the importance of mainstreaming cultural heritage into other sectoral policies and actions to maximise its social and economic benefits;

5.

The recent social and economic challenges encountered by the European Union call for action to strengthen the ties between and within our societies. Cultural heritage as a source of knowledge and mutual understanding has the potential to be one of the drivers of this process by fostering the sense of belonging to the common European space. Moreover, such action could become a basis for maintaining European solidarity and preserving the integrity of the European Union while at the same time promoting and protecting cultural diversity;

6.

Cultural heritage in all its diversity and forms — tangible and intangible, immovable and movable, digital and digitised (5) — is a value in its own right, an inheritance from our past and a strategic resource for the sustainable future of Europe, helping to respond to social, economic and environmental challenges at different levels — from local, national and regional to European and even global;

7.

Europe's cultural heritage is dynamic in nature and further enriched through the exploration of the shared past of European peoples and nations, and by continually evolving initiatives and programmes. Cultural heritage is thus also a source of inspiration for contemporary arts and creativity that in turn may become the cultural heritage of tomorrow;

INVITES THE MEMBER STATES AND THE COMMISSION, WITHIN THEIR RESPECTIVE AREAS OF COMPETENCE AND IN DUE COMPLIANCE WITH THE PRINCIPLE OF SUBSIDIARITY:

8.

To bring cultural heritage to the fore in relevant EU policies and promote awareness among stakeholders of the mutual benefits of its mainstreaming into other sectoral policies as well as about the financing opportunities for cultural heritage (6), including by providing timely information to stakeholders about the EU funds available for cultural heritage;

9.

Without prejudging the next Multiannual Financial Framework negotiations, to examine possibilities to introduce, where appropriate, a more explicit focus on the preservation and promotion of Europe's common cultural heritage in relevant EU programmes. This could be done by taking cultural heritage into account when preparing and implementing the programmes, but also by including cultural heritage as a strategic objective among their priorities;

10.

To promote innovation, sustainability and social inclusion through specific heritage-oriented projects with a European dimension and social value-added, also by taking into account the gender equality perspective;

11.

To foster cooperation among European researchers, professionals and education and training bodies with a view to promoting high quality skills, training and knowledge transfer in the traditional and emerging heritage professions;

12.

To further enhance the principle of participatory governance of cultural heritage by analysing the current practice in cultural governance, identifying actions, where relevant, towards making cultural governance more open, participatory, effective and coherent as well as by sharing best practices;

13.

To identify and facilitate the exchange of good national and international practices by promoting mobility of professionals of the cultural sector in Europe (7);

14.

To deepen and broaden the dialogue with the civil society organisations, European citizens and particularly European youth with a view to achieving a deeper understanding of the contribution of Europe's cultural heritage to strengthening the shared European identity in all its diversity of cultures, languages and heritages;

15.

To continue to support cultural heritage as an important element in the EU's strategic approach to international cultural relations as well as in the promotion of intercultural dialogue;

16.

To implement common and coordinated transnational actions (8) with international organisations to safeguard and preserve cultural heritage in a sustainable manner and in line with the 2030 Agenda for Sustainable Development (9);

17.

To promote support for the digitisation of cultural heritage as a tool for open access to culture and knowledge, thus stimulating innovation, creativity and participatory governance of cultural heritage;

18.

To make available the outcomes, reports and evaluations of EU-funded initiatives and projects on cultural heritage online in a more systematic and retrievable manner;

19.

To take the opportunity of the European Year of Cultural Heritage 2018 to build a shared and comprehensive strategic vision for cultural heritage, and ensure its legacy by developing concrete actions. Where possible, synergies could be sought with the Council of Europe's European Cultural Heritage Strategy for the 21st century;

20.

To support the development of evidence-based policies by continuing to work with Eurostat and national statistical offices on the collection of reliable data on the social and economic contribution of cultural heritage, and to contribute to similar efforts at international level by organisations such as Unesco and the Council of Europe (10);

INVITES THE MEMBER STATES, IN DUE COMPLIANCE WITH THE PRINCIPLE OF SUBSIDIARITY:

21.

To recognise the role of cultural heritage in relevant national sectoral programmes co-financed by the EU with a view to preserving the value and importance of cultural heritage for local people and future generations and fully develop the potential of heritage as a resource for economic development, social cohesion and cultural identity;

22.

To continue their cooperation by considering priorities and activities in the new Work Plan for Culture post-2019 related to the mainstreaming of cultural heritage into other EU policies;

INVITES THE COMMISSION:

23.

When planning, implementing and evaluating EU policies, to continue to take into consideration their direct and indirect impact on the enhancement, conservation and safeguarding of Europe's cultural heritage and in particular the need for quality guidelines to ensure that EU investment does not damage or diminish the values of cultural heritage;

24.

To continue the ongoing dialogue and cooperation with existing networks in the field of cultural heritage that have accumulated valuable experience and proved their competences in the field (11);

25.

To further develop cooperation with Unesco and the Council of Europe on issues of common interest in the policies and practices of cultural heritage, including on combatting the illicit trafficking of cultural property, especially in conflict zones;

26.

To seek synergies with the Unesco and Council of Europe Conventions, which set the international principles for conservation, safeguarding and management of cultural heritage, such as the Council of Europe's Framework Convention on the Value of Cultural Heritage for Society (Faro 2005).

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(1)  http://www.consilium.europa.eu/en/press/press-releases/2017/03/25/rome-declaration/pdf

(2)  EUCO 19/1/17 REV 1.

(3)  Decision (EU) 2017/864 of the European Parliament and of the Council of 17 May 2017 on a European Year of Cultural Heritage (2018) (OJ L 131, 20.5.2017, p. 1).

(4)  EUCO 19/1/17 REV 1 and the European Commission's contribution to the Leaders' meeting in Gothenburg, 17 November 2017 (Communication on Strengthening European Identity through Education and Culture), doc. 14436/17.

(5)  Council conclusions of 21 May 2014 on cultural heritage as a strategic resource for a sustainable Europe (OJ C 183, 14.6.2014, p. 36).

(6)  Mapping of cultural heritage actions in European Union policies programmes and activities — http://ec.europa.eu/assets/eac/culture/library/reports/2014-heritage-mapping_en.pdf

(7)  EUCO 19/1/17 REV 1.

(8)  http://undocs.org/S/RES/2347(2017)

(9)  In line with the UN 2030 Agenda for Sustainable Development, https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda%20for%20Sustainable%20Development%20web.pdf

(10)  E.g. the Compendium on Cultural Policies and Trends.

(11)  Such as, e.g. the European Heritage Heads Forum, the European Heritage Legal Forum and the Reflection Group ‘EU and cultural heritage’.

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8.6.2018

EN

Official Journal of the European Union

C 196/23

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Conclusions of the Council and of the Representatives of the Governments of the Member States meeting within the Council on promoting the common values of the EU through sport

(2018/C 196/06)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL,

RECALLING THAT:

1.

The European Union is a common space to build a prosperous and peaceful area of coexistence and respect for diversity based on the common values of the EU namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities recognised by Article 2 of the Treaty on European Union. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

2.

According to Article 165 of the Treaty on the Functioning of the European Union the Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.

3.

The European Union Third Work Plan for Sport (2017-2020) adopted in May 2017 which defined Social Inclusion as a key topic under the priority theme Sport and Society, putting Promotion of the common values of the EU through Sport as one of its key tasks.

4.

The Council Recommendation on promoting common values, inclusive education to be adopted in May.

5.

Sport is part of the European Union’s Erasmus+ programme since 2011. Since the first programme started thirty years ago, more than nine million Europeans have been able to benefit from the opportunity to study, train, teach, or volunteer, in another country and in so doing strengthening their awareness of the values they have in common.

6.

The recent EU initiative promoting solidarity among young Europeans, cooperation and partnership in the field of youth through different solidarity activities including sport.

7.

The political background as set out in the annex.

CONSIDERING THAT:

8.

Values lie in the core of the European Union. The present Conclusions aim to strengthen mutual understanding of the concept of common values among Member States, develop the sense of belonging to the European Union as well as promote, where appropriate, those values outside the EU, while creating a solid basis for people-to-people dialogue across the European borders.

9.

The European Union and its Member States are currently facing significant economic, political and social challenges which vary from Member State to Member State. Sport can contribute to ensure sustainable development and to adequately tackle the overarching socioeconomic and security-related challenges facing the EU.

10.

The White Paper on the future of Europe emphasises that the European values that we hold dear remain the same. We want a society in which peace, freedom, tolerance and solidarity are placed above all else. These values bind Europeans together and are worth fighting for (1).

11.

The European Commission’s White Paper on Sport (2007) which highlights the important contribution of sport to economic and social cohesion and more integrated societies by using the potential of sport for social inclusion, integration and equal opportunities; and also stressing among other things that racism and xenophobia and the exploitation of young players are incompatible with the common values of the EU.

12.

The 2018 European Year of Cultural Heritage aims to raise awareness of common history and values and to encourage people to explore the rich and diverse European cultural heritage, of which traditional sports and games are part.

13.

Organised and non-organised Sport, like education, youth work and culture, can play a role to promote the common values of the EU.

14.

All major international organisations dealing with sport, such as Unesco, the Council of Europe, the International Olympic Committee, the International Paralympic Committee and the World Anti-doping Agency, acknowledge that sport can teach values such as fairness, teambuilding, democracy, tolerance, equality, discipline, inclusion, perseverance and respect that could help to promote and disseminate common values of the EU.

RECOGNISING THAT:

15.

All people should be free to practise sport and to feel a part of society, and different sectors related to sport can do what is in their capacity to foster integration as well as to provide equal opportunities to engage in sport and avoid discrimination and social exclusion.

16.

Sport can contribute to building and developing civil society and social sustainability. There is a need to foster a common sense of belonging among Europeans — political as well as cultural. Since sport is an universal language understood by all, communicating and emphasising common values through sport, using innovative methods of non-formal and informal learning, can contribute to preventing intolerance, social exclusion, including gender stereotyping and misogyny, racism, xenophobia and marginalisation.

17.

Sport can reinforce values in a natural way and in a positive atmosphere. Values such as mutual respect, fair play, friendship, solidarity, tolerance and equality should be natural to all those involved in sport in clubs, schools, in recreational sport and in professional sport.

18.

Sport’s contribution to social cohesion and building inclusive, strong communities, if infused with the values of equality, can also contribute to the development of an efficient, democratic and just society. Sport instructors and coaches can play a role to reinforce the common values of the EU through sport.

19.

There are already existing positive initiatives at EU level that contribute to better understanding of the common values of the EU as sport projects developed and supported by the European Structural Fund and the Erasmus+ Programme.

INVITE MEMBER STATES TO:

20.

Where appropriate, explore and support initiatives and actions to promote sport as a way for building social, civic and intercultural competences for people of all ages, gender and backgrounds. This can be done through supporting and encouraging local and regional authorities in cooperation with sport clubs, schools, youth organisations, including non-governmental organisations.

21.

Where appropriate, promote the common values of the EU in connection with major sport events organised by the sport movement often in cooperation with the public authorities. Major sport events can offer a great opportunity to raise awareness among athletes, volunteers, as well as supporters.

22.

When relevant, promote the common values of the EU to the sports movement at national level as a part of the structured dialogue.

23.

Take the opportunity of international cooperation to promote and communicate at international level, where appropriate, the need to respect the common values of the EU.

24.

Encourage and where possible support sport organisations in strengthening good governance, within their organisations and where appropriate address these values in their ethical guidelines or equivalent documents.

25.

Encourage educational institutions to promote activities linked to common values in sport.

26.

Where relevant, promote the fight against racism and xenophobia, gender stereotyping and misogyny, the exploitation of young athletes, all forms of discrimination and violence in stadiums and violations of integrity in sport. Support sport organisations in fighting these violations by for example developing and promoting initiatives engaging supporters. This could involve educational programmes or awareness-raising campaigns in cooperation with sports organisations which teach respect for human dignity, peace and non-discrimination.

INVITE THE EUROPEAN COMMISSION:

27.

Develop and explore the already existing initiatives, such as European Week of Sport (EWoS) to promote the common values of the EU.

28.

Include sport as part of external relations, where appropriate to promote the common values of the EU, for example through including mobility and capacity building or supporting sport integrity, as well as integrating it in the discussions and High Level Dialogues with third countries.

29.

Disseminate successful projects and initiatives among Member States as well as outside the EU as a tool to promote common values of the EU

30.

Use the opportunities given by the current and future European Social Fund, the Erasmus+ Programme and future EU programmes to highlight and promote the importance of the common values of the EU.

31.

Promote the role sporting organisations could play in solidarity, mobility and capacity building initiatives supported by the European Commission and make sport organisations aware of these opportunities.

32.

Encourage sport organisations to promote the involvement of third countries, including candidates countries in not-for-profit sports events and initiatives.

INVITE THE SPORTS MOVEMENT TO:

33.

Take the opportunity of hosting major international sport events and existing initiatives by sports organisations to promote the common values of the EU.

34.

Actively participate in structured dialogue initiatives in order to better communicate their policies with the governments and EU institutions.

35.

Consider including modules on the importance and better understanding of common values of the EU through sport in the educational programs and training methodology for coaches, support staff, volunteers and other relevant actors.

36.

Encourage information campaigns and initiatives for sport spectators and supporters – so that they promote and reiterate the common values of the EU in order to tackle violence at stadiums. Involvement of grassroots level organisations is essential for this purpose.

37.

Where appropriate use innovative methods of non-formal and informal learning to transfer the common values of EU through sport.

38.

Continue developing mutually enriching relations and exchanges between grassroots sport organisations from EU countries and third countries, sharing values and principles, and illustrating the diplomatic value of such people-to-people relations.

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(1)  ST 6952/17

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8.6.2018

EN

Official Journal of the European Union

C 196/27

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Euro exchange rates (1)

7 June 2018

(2018/C 196/07)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1836
JPY	Japanese yen	130,26
DKK	Danish krone	7,4483
GBP	Pound sterling	0,88123
SEK	Swedish krona	10,2515
CHF	Swiss franc	1,1613
ISK	Iceland króna	124,30
NOK	Norwegian krone	9,5013
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,640
HUF	Hungarian forint	317,36
PLN	Polish zloty	4,2603
RON	Romanian leu	4,6555
TRY	Turkish lira	5,2910
AUD	Australian dollar	1,5457
CAD	Canadian dollar	1,5313
HKD	Hong Kong dollar	9,2868
NZD	New Zealand dollar	1,6789
SGD	Singapore dollar	1,5757
KRW	South Korean won	1 266,42
ZAR	South African rand	15,1353
CNY	Chinese yuan renminbi	7,5660
HRK	Croatian kuna	7,3848
IDR	Indonesian rupiah	16 425,02
MYR	Malaysian ringgit	4,7036
PHP	Philippine peso	62,175
RUB	Russian rouble	73,3086
THB	Thai baht	37,792
BRL	Brazilian real	4,5872
MXN	Mexican peso	24,0536
INR	Indian rupee	79,4380

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(1)  Source: reference exchange rate published by the ECB.

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8.6.2018

EN

Official Journal of the European Union

C 196/28

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Winding-up proceedings

Decision to start winding-up proceedings in respect of Alpha Insurance A/S

(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))

(2018/C 196/08)

Insurance undertaking	Alpha Insurance A/S Sundkrogsgade 21 c/o Harbour House 2100 Copenhagen Ø DENMARK
Date, entry into force and nature of decision	8 May 2018, Bankruptcy
Competent authorities	Maritime and Commercial Court Amaliegade 35, 2. 1256 Copenhagen K DENMARK
Supervisory authority	None
Administrator appointed	Boris K. Frederiksen Vester Farimagsgade 23 1606 Copenhagen V DENMARK
Applicable law	Denmark. Danish Bankruptcy Code § 17 and § 22

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8.6.2018

EN

Official Journal of the European Union

C 196/29

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PASSENGER NAME RECORDS (PNR)

List of Member States who have decided the application of the PNR Directive to intra-EU flights as referred to in Article 2 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

(If a Member State decides to apply this Directive to intra-EU flights, it shall notify the Commission in writing. A Member State may give or revoke such a notification at any time. The Commission shall publish that notification and any revocation of it in the Official Journal of the European Union)

(2018/C 196/09)

The Member States that have notified the Commission of the application of the PNR Directive in intra-EU flights are:

—

Belgium

—

Germany

—

Croatia

—

Italy

—

Lithuania

—

Hungary

—

Malta

—

Poland

—

Slovakia

—	United Kingdom.

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8.6.2018

EN

Official Journal of the European Union

C 196/30

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Modification of a European Grouping of Territorial Cooperation (EGTC)

EGTC Eurometropolis Lille-Kortrijk-Tournai

(2018/C 196/10)

I.   Name of the EGTC, address and contact point

Official name: European Grouping of Territorial Cooperation Eurometropolis Lille-Kortrijk-Tournai

Registered office: Lille

Contact point: Mr Loïc Delhuvenne, director of the Lille-Kortrijk-Tournai Eurometropolis agency

Mail:

Internet/email address of the grouping: www.eurometropolis.eu

II.   Changes regarding the contact point, director, head office and internet address of the EGTC

New contact point:

New person responsible (Director):

New registered office:

New internet address:

III.   New members (1)

Official name:

Postal address:

Internet address:

Type of member:

Country:

IV.   Changes regarding the name, contact point, director, registered office, internet address of the members (2)

Official name: Hauts-de-France Region

Registered head office:

Contact point:

Email:

Internet address of the Grouping:

Official name: The European Metropolis of Lille

Registered head office:

Contact point:

Email:

Internet address of the Grouping:

Official name: West-Vlaamse Intercommunale

Registered head office:

Contact point:

Email:

Internet address of the Grouping:

Official name: Intercommunal Agency for Development

Registered head office:

Contact point:

Email:

Internet address of the Grouping:

Official name: The Intercommunal Association IEG

Registered head office:

Contact point:

Email:

Internet address of the Grouping:

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(1)  Please provide this information for each new member.

(2)  Please provide this information for each further change.

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8.6.2018

EN

Official Journal of the European Union

C 196/32

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Prior notification of a concentration

(Case M.8957 — Silver Lake/ZPG)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 196/11)

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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8.6.2018

EN

Official Journal of the European Union

C 196/34

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Prior notification of a concentration

(Case M.8922 — Phoenix PIB Austria/Farmexim and Help Net Farma)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 196/12)

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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