Avis juridique important

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31976L0211

Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products

Official Journal L 046 , 21/02/1976 P. 0001 - 0011 Finnish special edition: Chapter 15 Volume 2 P. 0031  Greek special edition: Chapter 13 Volume 3 P. 0195  Swedish special edition: Chapter 15 Volume 2 P. 0031  Spanish special edition: Chapter 13 Volume 4 P. 0244  Portuguese special edition Chapter 13 Volume 4 P. 0244

COUNCIL DIRECTIVE  of 20 January 1976  on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products  (76/211/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas in most of the Member States the conditions of presentation for sale of products in prepackages are the subject of mandatory regulations which differ from one Member State to another, thereby hindering trade in such prepackages ; whereas such provisions must therefore be approximated;  Whereas, in order to enable consumers to be correctly informed, the method of marking on the prepackage the nominal weight or volume of the product contained in the prepackage, should be presented;  Whereas it is also necessary to specify the tolerable negative errors in the contents of prepackages and whereas a reference method for such control should be defined in order to provide a simple method of ensuring that prepackages conform to the provisions laid down;  Whereas Article 16 of Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3), as last amended by the Act of Accession (4), provides that the harmonization of the requirements for marketing certain products, in particular as regards the measurement and marking of prepacked quantities, may be covered by separate Directives;  Whereas since too quick a change in the means of determining quantity laid down by their national legislation and the organization of new systems of control as well as the adoption of a new measurement system would present difficulties for certain Member States, a transitional period should be provided for these Member States ; whereas such provision should not, however, further inhibit intra-Community trade in the products concerned and should not prejudice implementation of the Directive in the other Member States,  (1)OJ No C 48, 25.4.1974, p. 21. (2)OJ No C 109, 19.9.1974, p. 16. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 73, 27.3.1972, p. 14.   HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive relates to prepackages containing products with the exception of those referred to in the Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (1), and intended for sale in constant unit nominal quantities which are:    - equal to values predetermined by the packer,       - expressed in units of weight or volume,       - not less than 5 g or 5 ml and not more than 10 kg or 10 l.          Article 2 1. A prepackage within the meaning of this Directive is the combination of a product and the individual package in which it is prepacked.  2. A product is prepacked when it is placed in a package of whatever nature without the purchaser being present and the quantity of product contained in the package has a predetermined value and cannot be altered without the package either being opened or undergoing a perceptible modification.   Article 3 1. The prepackages which may bear the EEC sign specified in section 3.3 of Annex I are those which comply with this Directive and with Annex I thereto.  2. They shall be subject to metrological control under the conditions defined in Annex I, section 5 and in Annex II.   Article 4 1. All prepackages referred to in Article 3 must, in accordance with Annex I, bear an indication of the weight or volume of the product, known as "nominal weight" or "nominal volume", which they are required to contain.  2. Prepackages containing liquid products shall be marked with their nominal volume and prepackages containing other products shall be marked with their nominal weight, except in the case of trade practice or national regulations which provide otherwise and which are identical in all Member States, or in the case of contrary Community rules.  3. If trade practice or national regulations are not the same in all Member States for a category of products or for a type of prepackage, those prepackages must at least show the metrological information corresponding to the trade practice or national regulations prevailing in the country of destination.  4. Until the expiry of the transitional period during which the use of the imperial units of measurement appearing in Annex II to Council Directive 71/354/EEC of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement (2), as amended by the Act of Accession, is authorized in the Community, the indication of the nominal weight and/or nominal volume of the contents expressed in SI units of measurement in accordance with section 3.1 of Annex I to this Directive shall, if the United Kingdom or Ireland so desires, be accompanied on their national territories by an indication of the equivalent value in imperial units of measurement (UK), calculated on the basis of the following conversion factors: >PIC FILE= "T0009090">    Article 5 Member States may not refuse, prohibit or restrict the placing on the market of prepackages which satisfy the requirements and tests laid down in this Directive for reasons concerning the markings required to be borne by such prepackages pursuant to this Directive, the determination of their volume or weight, or the methods by which they have been measured or checked.   Article 6 The amendments necessary to adapt the requirements of Annexes I and II to this Directive to technical  (1)OJ No L 42, 15.2.1975, p. 1. (2)OJ No L 243, 29.10.1971, p. 29.   progress shall be adopted in accordance with the procedure laid down in Articles 18 and 19 of Directive 71/316/EEC.   Article 7 1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply whith this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. By way of derogation from paragraph 1, Belgium, Ireland, the Netherlands and the United Kingdom may defer implementation of this Directive and the Annexes thereto until 31 December 1979 at the latest.  3. During the period in which the Directive is not operative in a Member State, that Member State shall not introduce stricter control measures regarding the quantity contained in prepackages covered by this Directive and coming from other Member States than those in force when the Directive was adopted.  4. During the same period, the Member States which have implemented the Directive shall accept those prepackages coming from Member States benefiting from the derogation provided for in paragraph 2 of this Article which comply with section 1 of Annex I, even if they do not bear the EEC sign referred to in section 3.3 of Annex I, on the same basis and under the same conditions as those prepackages which comply with all the requirements of the Directive.  5. The checks provided for by Annex I, section 5 shall be carried out by the competent authorities of the Member State of destination when prepackages manufactured outside the Community are imported into the territory of the Community in a Member State which has not yet implemented the Directive in accordance with this Article.  6. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive is communicated to the Commission.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 20 January 1976.  For the Council  The President  G. THORN     ANNEX I    1. OBJECTIVES  Prepackages covered by this Directive shall be made up in such a way that the completed packages satisfy the following requirements:      1.1. the actual contents shall not be less, on average, than the nominal quantity;           1.2. the proportion of prepackages having a negative error greater than the tolerable negative error laid down in 2.4 shall be sufficiently small for batches of prepackages to satisfy the requirements of the tests specified in Annex II;           1.3. no prepackage having a negative error greater than twice the tolerable negative error given in the table in 2.4 may bear the EEC sign provided for in 3.3.                  2. DEFINITIONS AND BASIC PROVISIONS      2.1. The nominal quantity (nominal weight or nominal volume) of the contents of a prepackage is the weight or volume indicated on the prepackage, i.e. the quantity of product which the prepackage is deemed to contain.           2.2. The actual contents of the prepackage are the quantity (weight or volume) of product which it in fact contains. In all operations for checking quantities of products expressed in units of volume, the value employed for the actual contents shall be measured at or corrected to a temperature of 20 ºC, whatever the temperature at which packaging or checking is carried out. However, this rule shall not apply to deep frozen or frozen products, the quantity of which is expressed in units of volume.           2.3. The negative error of a prepackage is the quantity by which the actual contents of the prepackage are less than the nominal quantity.           2.4. The tolerable negative error in the contents of a prepackage is fixed in accordance with the table below, in which products are divided into two classes ("A" and "B"), as set out in 2.5 and 2.6 below, according to their physical characteristics and/or the packaging processes which they undergo and the values of the nominal quantities. >PIC FILE= "T0009091">   When using the table, the values of the tolerable negative errors shown as percentages in the table, calculated in units of weight or volume, shall be rounded up to the nearest one tenth of a gramme or millilitre.            2.5. The following products shall be considered as belonging to Class "A":        (a) products which are solid or difficult to pour at the selling stage but which can be made sufficiently fluid in the course of packaging, and which do not contain any apparent solid or gaseous elements, and can be packaged in a single operation,               (b) products in powder form,               (c) products composed of pieces, fragments or grains, the unit weight of which does not exceed one third of the tolerable negative error corresponding to the nominal weight of the contents of the prepackage in the Class "A" column of the table in 2.4,               (d) paste products which are easily spread,                 in so far as these products, once they are weighed or packaged, are not subject to further processing or are only subject to processing which does not alter the actual quantity of the contents.           2.6. All products which do not fall within the class described in 2.5 shall belong to Class "B". The following shall also be considered as belonging to Class "B":      (a) liquid products,           (b) prepackaged products of a nominal weight or volume less than 25 g or 25 ml,           (c) products with rheological properties (e.g. fluidity or viscosity) or density when flowing which cannot be kept sufficiently constant by appropriate technical means.   3. INSCRIPTIONS AND MARKINGS  All prepackages made up in accordance with this Directive shall bear on the package the following markings affixed in such a manner as to be indelible, easily legible and visible on the prepackage in normal conditions of presentation:      3.1. the nominal quantity (nominal weight or nominal volume), expressed in kilogrammes, grammes, litres, centilitres or millilitres, and marked in figures at least 6 mm high if the nominal quantity exceeds 1 000 g or 100 cl ; 4 mm high if it is from 1 000 g or 100 cl inclusive down to but not including 200 g or 20 cl, and 3 mm high if it is not more than 200 g or 20 cl, followed by the symbol for the unit of measurement used or where appropriate by the name of the unit in accordance with Directive 71/354/EEC;  markings in imperial units (UK) shall be in letters and figures of dimensions not larger than those of the corresponding markings in SI units;           3.2. a mark or inscription enabling the competent departments to identify the packer or the person arranging for the packing to be done or the importer established in the Community;           3.3. a small "e", at least 3 mm high, placed in the same field of vision as the indication of the nominal weight or nominal volume, constituting a guarantee by the packer or the importer that the prepackage meets the requirements of this Directive.  This letter shall have the form shown in the drawing contained in section 3 of Annex II to Directive 71/316/EEC.  Article 12 of this latter Directive shall apply mutatis mutandis.       4. RESPONSIBILITY OF THE PACKER OR IMPORTER  The packer or importer shall be responsible for ensuring that prepackages meet the requirements of this Directive.  The quantity of product contained in a prepackage (or packing quantity), known as the "actual contents", shall be measured or checked by weight or volume on the responsibility of the packer and/or importer. The measurement or check shall be carried out by means of a legal measuring instrument suitable for effecting the necessary operations.   The check may be carried out by sampling.  Where the actual contents are not measured, the check carried out by the packer shall be so organized that the quantity of the contents is effectively ensured.  This condition is fulfilled if the packer carries out production checks in accordance with procedures recognized by the competent departments in the Member State and if he holds at the disposal of those departments the documents containing the results of such checks, in order to certify that these checks, together with any corrections and adjustments which they have shown to be necessary, have been properly and accurately carried out.  In the case of imports from non-EEC countries, the importer may instead of measuring and checking provide evidence that he is in possession of all the necessary guarantees enabling him to assume responsibility.  In the case of products in quantities expressed in units of volume, one of several methods of meeting the measuring and checking requirements is to use, when making up the prepackage, a measuring container of the type defined in the Directive relating thereto, filled under the conditions prescribed in that Directive and herein.       5. CHECKS TO BE CARRIED OUT BY THE COMPETENT DEPARTMENTS ON THE PREMISES OF THE PACKER OR IMPORTER  Checks to ensure that the prepackages comply with the requirements of this Directive shall be carried out by the competent departments of the Member States by sampling on the packers' premises or, if this is not practicable, on the premises of the importer or his agent established in the Community.  This statistical sampling check shall be carried out in accordance with the accepted methods of quality acceptance inspection. Its effectiveness shall be comparable to that of the reference method specified in Annex II.       6. OTHER CHECKS CARRIED OUT BY THE COMPETENT DEPARTMENTS  This Directive shall not preclude any checks which may be carried out by the competent departments of the Member States at any stage in the marketing process, in particular for the purpose of verifying that prepackages meet the requirements of the Directive.  Article 15 (2) of Directive 71/316/EEC shall apply mutatis mutandis.          ANNEX II This Annex lays down the procedures of the reference method for statistical checking of batches of prepackages in order to meet the requirements of Article 3 of the Directive and of section 5, Annex I thereto.  This check is based upon ISO standard No 2859 relating to methods of testing by attributes, taking an acceptable quality level of 2 75 %. The sampling level corresponds to level II of that standard in respect of non-destructive tests and to level S 3 in respect of destructive tests.    1. REQUIREMENTS FOR MEASURING THE ACTUAL CONTENTS OF PREPACKAGES  The actual contents of prepackages may be measured directly by means of weighing instruments or volumetric instruments or, in the case of liquids, indirectly, by weighing the prepacked product and measuring its density.  Irrespective of the method used, the error made in measuring the actual contents of a prepackage shall not exceed one fifth of the tolerable negative error for the nominal quantity in the prepackage.  The procedure for measuring the actual contents of a prepackage may be the subject of domestic regulations in each Member State.       2. REQUIREMENTS FOR CHECKING BATCHES OF PREPACKAGES  The checking of prepackages shall be carried out by sampling and shall be in two parts:    - a check covering the actual contents of each prepackage in the sample,       - another check on the average of the actual contents of the prepackages in the sample.         A batch of prepackages shall be considered acceptable if the results of both these checks satisfy the acceptance criteria.  For each of these checks, there are two sampling plans:    - one for non-destructive testing, i.e., testing which does not involve opening the package,       - the other for destructive testing, i.e., testing which involves opening or destroying the package.         For economic and practical reasons, the latter test shall be limited to the absolutely essential minimum ; it is less effective than the non-destructive test.  Destructive testing shall therefore be used only when non-destructive testing is impracticable. As a general rule it shall not be applied to batches of fewer than 100 units.    2.1. Prepackage batches      2.1.1. The batch shall be made up of all the prepackages of the same type and the same production run which are to be inspected.            2.1.2. When prepackages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size.  In other cases the batch size shall be limited to 10 000.           2.1.3. For batches of fewer than 100 prepackages, the non-destructive test, where carried out, shall be 100 %.           2.1.4. Before the tests in 2.2 and 2.3 are carried out, a sufficient number of prepackages shall be drawn at random from the batch so that the check requiring the larger sample can be carried out.  For the other check, the necessary sample shall be drawn at random from the first sample and marked.  This marking operation shall be completed before the start of measuring operations.       2.2. Checking of the minimum acceptable contents of a prepackage      2.2.1. The minimum acceptable contents shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal quantity of the prepackage.           2.2.2. Prepackages in the batch whose actual contents are less than the minimum acceptable contents shall be considered defective.           2.2.3. For checks by sampling, one of the following sampling plans (single or double) shall be used, to be chosen by each Member State.      2.2.3.1. Single sampling plan  The number of prepackages checked shall be equal to the number in the sample, as indicated in the plan:        - if the number of defective units found in the sample is less than or equal to the criterion for acceptance, the batch of prepackages shall be considered acceptable for the purpose of this check;               - if the number of defective units found in the sample is equal to or greater than the criterion for rejection, the batch of prepackages shall be rejected.           2.2.3.1.1. Non-destructive testing plan >PIC FILE= "T0009092">                    2.2.3.1.2. Destructive testing plan >PIC FILE= "T0009093">                                   2.2.3.2. Double sampling plan  The first number of prepackages checked shall be equal to the number of units in the first sample, as indicated in the plan:        - if the number of defective units found in the first sample is less than or equal to the first acceptance criterion, the batch shall be considered acceptable for the purpose of this check;               - if the number of defective units found in the first sample is equal to or greater than the first rejection criterion, the batch shall be rejected;               - if the number of defective units found in the first sample lies between the first acceptance criterion and the first rejection criterion, a second sample shall be checked, the number of units in which is indicated in the plan.                 The defective units found in the first and second samples shall be added together and:        - if the aggregate number of defective units is less than or equal to the second acceptance criterion, the batch shall be considered acceptable for the purpose of the check;               - if the aggregate number of defective units is greater than or equal to the second rejection criterion, the batch shall be rejected.           2.2.3.2.1. Non-destructive testing plan >PIC FILE= "T0009094">                    2.2.3.2.2. Destructive testing plan >PIC FILE= "T0009095">         2.3. Checking of the average actual contents of the individual prepackages making up a batch    2.3.1. A batch of prepackages shall be considered acceptable for the purpose of this check >PIC FILE= "T0009096">   In this formula:  Qn = the nominal quantity of the prepackage,  n = the number of prepackages in the sample for this check,  s = the estimated standard deviation of the actual contents of the batch,    >PIC FILE= "T9000930">        2.3.2. If xi is the measured value for the actual contents of the i-th item in the sample containing n items then:      2.3.2.1. the mean of the measured values for the sample is obtained by the following calculation: >PIC FILE= "T0009097">            2.3.2.2. and the estimated value of the standard deviation s by the following calculation: >PIC FILE= "T0009098">                   2.3.3. Criteria for acceptance or rejection of the batch of prepackages for checking the mean:      2.3.3.1. Criteria for non-destructive testing >PIC FILE= "T0009099">             2.3.3.2. Criteria for destructive testing >PIC FILE= "T0009100">


Avis juridique important

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32000L0036

Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption

Official Journal L 197 , 03/08/2000 P. 0019 - 0025

Directive 2000/36/EC of the European Parliament and of the Councilof 23 June 2000relating to cocoa and chocolate products intended for human consumptionTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Certain vertical Directives relating to foodstuffs should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, confirmed by those of the European Council in Brussels on 10 and 11 December 1993.(2) Council Directive 73/241/EEC of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption(4) was warranted by the fact that differences between national laws on several kinds of cocoa and chocolate products could hinder the free movement of this product, and thereby have a direct effect on the establishment and functioning of the common market.(3) The aforesaid Directive was consequently designed to lay down definitions and common rules in respect of the composition, manufacturing specifications, packaging and labelling of cocoa and chocolate products so as to ensure their free movement within the Community.(4) Those definitions and rules should be amended to take account of technological progress and changes in consumer tastes, and should be brought into line with general Community legislation on foodstuffs, in particular legislation on labelling, sweeteners and other authorised additives, flavourings, extraction solvents and methods of analysis.(5) The addition to chocolate products of vegetable fats other than cocoa butter, up to a maximum of 5 %, is permitted in certain Member States.(6) The addition of certain vegetable fats other than cocoa butter to chocolate products, up to a maximum of 5 %, should be permitted in all Member States; those vegetable fats should be cocoa butter equivalents and therefore be defined according to technical and scientific criteria.(7) In order to guarantee the single nature of the internal market, all chocolate products covered by this Directive must be able to move within the Community under the sales names set out in the provisions of Annex I to this Directive.(8) In pursuance of the general food-labelling rules set out in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(5), in particular a listing of ingredients in accordance with Article 6 thereof is compulsory; this Directive makes Directive 79/112/EEC applicable to cocoa and chocolate products in order to provide consumers with correct information.(9) In the case of chocolate products to which vegetable fats other than cocoa butter have been added, consumers should be guaranteed correct, neutral and objective information in addition to the list of ingredients.(10) On the other hand, Directive 79/112/EEC does not preclude the labelling of chocolate products to indicate that vegetable fats other than cocoa butter have not been added, provided the information is correct, neutral, objective, and does not mislead the consumer.(11) Certain sales names which are reserved by this Directive are in fact used in composite sales names which are recognised in certain Member States to describe products which could not be confused with those defined in this Directive; such descriptions should therefore be maintained. However, the use of such names should comply with the provisions of Directive 79/112/EEC and, in particular, with Article 5 thereof.(12) The development of the internal market since the adoption of Directive 73/241/EEC enables "plain chocolate" to be treated on the same basis as "chocolate".(13) The derogation provided for in Directive 73/241/EEC allowing the United Kingdom and Ireland to authorise the use on their territory of the name "milk chocolate" to designate "milk chocolate with high milk content" should be maintained; however, the English name "milk chocolate with high milk content" should be replaced with the name "family milk chocolate".(14) Pursuant to the principle of proportionality, this Directive restricts itself to what is necessary in order to achieve the objectives of the Treaty, in accordance with the third paragraph of Article 5 thereof.(15) Cocoa, cocoa butter and a series of other vegetable fats used in the manufacture of chocolate are mainly produced in developing countries. It is in the interests of people living in developing countries that agreements of as long a duration as possible should be concluded. The Commission should therefore consider how the Community can support this in the case of cocoa butter and other vegetable fats (for example by promoting "fair trade").(16) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(17) To avoid creating new barriers to free circulation, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,HAVE ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to the cocoa and chocolate products intended for human consumption, as defined in Annex I.Article 21. The vegetable fats other than cocoa butter as defined in Annex II and listed therein may be added to those chocolate products defined in Annex I(A)(3), (4), (5), (6), (8) and (9). That addition may not exceed 5 % of the finished product, after deduction of the total weight of any other edible matter used in accordance with Annex I(B), without reducing the minimum content of cocoa butter or total dry cocoa solids.2. Chocolate products which, pursuant to paragraph 1, contain vegetable fats other than cocoa butter may be marketed in all of the Member States, provided that their labelling, as provided for in Article 3, is supplemented by a conspicuous and clearly legible statement: "contains vegetable fats in addition to cocoa butter". This statement shall be in the same field of vision as the list of ingredients, clearly separated from that list, in lettering at least as large and in bold with the sales name nearby; notwithstanding this requirement, the sales name may also appear elsewhere.3. Any amendments to Annex II shall be made in accordance with the procedure laid down in Article 95 of the Treaty.4. At the latest by 3 February 2006 the Commission shall, in accordance with Article 95 of the Treaty, submit, if necessary and taking into account the results of an appropriate study on this Directive's impact on the economies of those countries producing cocoa and vegetable fats other than cocoa butter, a proposal intended to amend the list in Annex II.Article 3Directive 79/112/EEC shall apply to the products defined in Annex I, subject to the following conditions:1. The sales names listed in Annex I shall apply only to the products referred to therein and must be used in trade to designate them.However, those sales names may also be used additionally and in accordance with the provisions or customs applicable in the Member State in which the product is sold to the final consumer, to designate other products which cannot be confused with those defined in Annex I.2. Where the products defined in Annex I(A)(3), (4), (5), (6), (7) and (10) are sold in assortments, the sales names may be replaced by "assorted chocolates" or "assorted filled chocolates" or similar names. In that case, there may be a single list of ingredients for all the products in the assortment.3. The labelling of the cocoa and chocolate products defined in Annex I(A)(2)(c), (2)(d), (3), (4), (5), (8) and (9) must indicate the total dry cocoa solids content by including the words: "cocoa solids:... % minimum".4. For the products referred to in Annex I(A)(2)(b) and (2)(d) (second part of the sentence), the labelling must indicate the cocoa butter content.5. The sales names "chocolate", "milk chocolate" and "couverture chocolate" specified in Annex I may be supplemented by information or descriptions relating to quality criteria provided that the products contain:- in the case of chocolate, not less than 43 % total dry cocoa solids, including not less than 26 % cocoa butter,- in the case of milk chocolate, not less than 30 % total dry cocoa solids and not less than 18 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, including not less than 4,5 % milk fat,- in the case of couverture chocolate, not less than 16 % of dry non-fat cocoa solids.Article 4For the products defined in Annex I, Member States shall not adopt national provisions not provided for by this Directive.Article 51. The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the regulatory procedure referred to in Article 6(2):- bringing this Directive into line with general Community provisions applicable to foodstuffs,- adaptation of the provisions in Annex I(B)(2), (C) and (D) to technical progress.2. At the latest by 3 August 2003, without prejudice to Article 2(3), the European Parliament and the Council shall re-examine, on a proposal from the Commission, the second indent of paragraph 1 of this Article, with a view to possible extension of the procedure of adaptation to technical and scientific progress.Article 61. The Commission shall be assisted by the Standing Committee on Foodstuffs, set up by Council Decision 69/414/EEC(7), hereinafter referred to as "the Committee".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 three months.3. The Committee shall adopt its Rules of Procedure.Article 7Council Directive 73/241/EEC is hereby repealed with effect from 3 August 2003.References to the repealed Directive shall be construed as references to this Directive.Article 81. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 3 August 2003. They shall immediately inform the Commission thereof.2. These measures shall be applied so as to:- authorise the marketing of the products defined in Annex I if they conform to the definitions and rules laid down in this Directive, with effect from 3 August 2003,- prohibit the marketing of products which fail to conform to this Directive, with effect from 3 August 2003.However, the marketing of products failing to comply with this Directive but labelled before 3 August 2003 in accordance with Council Directive 73/241/EEC shall be permitted until stocks are exhausted.3. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.Article 9This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 10This Directive is addressed to the Member States.Done at Luxembourg, 23 June 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Sócrates(1) OJ C 231, 9.8.1996, p. 1 andOJ C 118, 17.4.1998, p. 10.(2) OJ C 56, 24.2.1997, p. 20.(3) Opinion of the European Parliament of 23 October 1997 (OJ C 339, 10.11.1997, p. 128), Council Common Position of 28 October 1999 (OJ C 10, 13.1.2000, p. 1) and decision of the European Parliament of 15 March 2000 (not yet published in the Official Journal). Decision of the Council of 25 May 2000.(4) OJ L 228, 16.8.1973, p. 23. Directive as last amended by Directive 89/344/EEC (OJ L 142, 25.5.1989, p. 19).(5) OJ L 33, 8.2.1979, p. 1. Directive as last amended by European Parliament and Council Directive 97/4/EC (OJ L 43, 14.2.1997, p. 21).(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 291, 19.11.1969, p. 9.ANNEX ISALES NAMES, DEFINITIONS AND CHARACTERISTICS OF THE PRODUCTSA. SALES NAMES AND DEFINITIONS1. Cocoa butterdesignates the fat obtained from cocoa beans or parts of cocoa beans with the following characteristics:>TABLE>2. (a) Cocoa powder, cocoadesignate the product obtained by converting into powder cocoa beans which have been cleaned, shelled and roasted, and which contains not less than 20 % cocoa butter, calculated according to the weight of the dry matter, and not more than 9 % water;(b) Fat-reduced cocoa, fat-reduced cocoa powderdesignate cocoa powder containing less than 20 % cocoa butter, calculated according to the weight of the dry matter;(c) Powdered chocolate, chocolate in powderdesignate the product consisting of a mixture of cocoa powder and sugars, containing not less than 32 % cocoa powder;(d) Drinking chocolate, sweetened cocoa, sweetened cocoa powderdesignate the product consisting of a mixture of cocoa powder and sugars, containing not less than 25 % cocoa powder; these names shall be accompanied by the term "fat-reduced" in the case where the product is fat-reduced as defined at (b).3. Chocolate(a) designates the product obtained from cocoa products and sugars which, subject to (b), contains not less than 35 % total dry cocoa solids, including not less than 18 % cocoa butter and not less than 14 % of dry non-fat cocoa solids;(b) however, where this name is supplemented by the words:- "vermicelli" or "flakes": the product presented in the form of granules or flakes must contain not less than 32 % total dry cocoa solids, including not less than 12 % cocoa butter and not less than 14 % of dry non-fat cocoa solids;- "couverture": the product must contain not less than 35 % total dry cocoa solids, including not less than 31 % cocoa butter and not less than 2,5 % of dry non-fat cocoa solids;- "Gianduja" (or one of the derivatives of the word "gianduja") nut chocolate: the product must be obtained firstly from chocolate having a minimum total dry cocoa solids content of 32 % including a minimum dry non-fat cocoa solids content of 8 %, and secondly from finely ground hazelnuts in such quantities that 100 g of the product contain not less than 20 g and not more than 40 g of hazelnuts. The following may be added:(a) milk and/or dry milk solids obtained by evaporation, in such proportion that the finished product does not contain more than 5 % dry milk solids;(b) almonds, hazelnuts and other nut varieties, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 % of the total weight of the product.4. Milk chocolate(a) designates the product obtained from cocoa products, sugars and milk or milk products, which, subject to (b) contains:- not less than 25 % total dry cocoa solids,- not less than 14 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat,- not less than 2,5 % dry non-fat cocoa solids,- not less than 3,5 % milk fat,- not less than 25 % total fat (cocoa butter and milk fat).(b) However, where this name is supplemented by the words:- "vermicelli" or "flakes": the product presented in the form of granules or flakes must contain not less than 20 % total dry cocoa solids, not less than 12 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, and not less than 12 % total fat (cocoa butter and milk fat),- "couverture": the product must have a minimum total fat (cocoa butter and milk fat) content of 31 %,- "Gianduja" (or one of the derivatives of the word "gianduja") nut milk chocolate: the product must be obtained firstly from milk chocolate having a minimum content of 10 % of dry milk solids, obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream or from partly or wholly dehydrated cream, butter or milk fat and secondly from finely ground hazelnuts, in such quantities that 100 g of the product contain not less than 15 g and not more than 40 g of hazelnuts. Almonds, hazelnuts and other nut varieties may also be added, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 % of the total weight of the product.(c) Where in this name the word "milk" is replaced by:- "cream": the product must have a minimum milk fat content of 5,5 %,- "skimmed milk": the product must have a milk fat content not greater than 1 %.(d) The United Kingdom and Ireland may authorise the use in their territory of the name "milk chocolate" to designate the product referred to in point 5, on condition that the term is accompanied in both cases by an indication of the amount of dry milk solids laid down for each of the two products, in the form "milk solids: ... % minimum".5. Family milk chocolatedesignates the product obtained from cocoa products, sugars and milk or milk products and which contains:- not less than 20 % total dry cocoa solids,- not less than 20 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat,- not less than 2,5 % dry non-fat cocoa solids,- not less than 5 % milk fat,- not less than 25 % total fat (cocoa butter and milk fat).6. White chocolatedesignates the product obtained from cocoa butter, milk or milk products and sugars which contains not less than 20 % cocoa butter and not less than 14 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, of which not less than 3,5 % is milk fat.7. Filled chocolate, chocolate with ... filling, chocolate with ... centredesignate the filled product, the outer part of which consists of one of the products defined in 3, 4, 5 and 6. The designations do not apply to products, the inside of which consists of bakery products, pastry, biscuit or edible ice.The outer chocolate portion of products bearing one of these names shall constitute not less than 25 % of the total weight of the product.8. Chocolate a la tazadesignates the product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 35 % total dry cocoa solids, including not less than 18 % cocoa butter and not less than 14 % dry non-fat cocoa solids, and not more than 8 % flour or starch.9. Chocolate familiar a la tazadesignates the product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 30 % total dry cocoa solids, including not less than 18 % cocoa butter and not less than 12 % dry non-fat cocoa solids, and not more than 18 % flour or starch.10. A chocolate or a pralinedesignates the product in single-mouthful size, consisting of:- filled chocolate, or- a single chocolate or a combination or a mixture of chocolate within the meaning of the definitions given in 3, 4, 5 or 6 and other edible substances, provided that chocolate constitutes not less than 25 % of the total weight of the product.B. OPTIONAL AUTHORISED INGREDIENTSAdditions of edible substances1. Without prejudice to Article 2 and Section B(2), other edible substances may also be added to the chocolate products defined in Section A(3), (4), (5), (6), (8) and (9).However, the addition:- of animal fats and their preparations not deriving solely from milk shall be prohibited,- of flours, granular or powdered starch shall only be authorised where the addition is in accordance with the definitions laid down in Section A(8) and (9).The quantity of those edible substances added may not exceed 40 % of the total weight of the finished product.2. Only those flavourings which do not mimic the taste of chocolate or of milk fat may be added to the products defined in Section A(2), (3), (4), (5), (6), (8) and (9).C. CALCULATION OF PERCENTAGESThe minimum contents of the products set in Section A(3), (4), (5), (6), (8) and (9) shall be calculated after deduction of the weight of the ingredients provided for in Section B. In the case of the products in Section A(7) and (10), the minimum contents shall be calculated after deducting the weight of the ingredients provided for in Section B, as well as the weight of the filling.The chocolate contents of the products defined in Section A(7) and (10) shall be calculated in relation to the total weight of the finished product, including its filling.D. SUGARSSugars as referred to in this Directive are not limited only to those sugars covered by Council Directive 73/437/EEC of 11 December 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human consumption(1).(1) OJ L 356, 27.12.1973, p. 71. Directive as last amended by the 1985 Act of Accession.ANNEX IIVEGETABLE FATS REFERRED TO IN ARTICLE 2(1)The vegetable fats referred to in Article 2(1) are, singly or in blends, cocoa butter equivalents and shall comply with the following criteria:(a) they are non-lauric vegetable fats, which are rich in symmetrical monounsaturated triglycerides of the type POP, POSt and StOSt(1);(b) they are miscible in any proportion with cocoa butter, and are compatible with its physical properties (melting point and crystallisation temperature, melting rate, need for tempering phase);(c) they are obtained only by the processes of refining and/or fractionation, which excludes enzymatic modification of the triglyceride structure.In conformity with the above criteria, the following vegetable fats, obtained from the plants listed below, may be used:>TABLE>Furthermore, as an exception to the above, Member States may allow the use of coconut oil for the following purpose: in chocolate used for the manufacture of ice cream and similar frozen products.(1) P (palmitic acid), O (oleic acid), St (stearic acid).


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32000L0034

Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive

Official Journal L 195 , 01/08/2000 P. 0041 - 0045

Directive 2000/34/EC of the European Parliament and of the Councilof 22 June 2000amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that DirectiveTHE EUROPEAN PARLIAMENT AND COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 3 April 2000,Whereas:(1) Article 137 of the Treaty provides that the Community is to support and complement the activities of the Member States with a view to improving the working environment to protect workers' health and safety. Directives adopted on the basis of that Article are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.(2) Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time(4) lays down minimum safety and health requirements for the organisation of working time, in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and patterns of work. That Directive should be amended for the following reasons.(3) Road, air, sea and rail transport, inland waterways, sea fishing, other work at sea and the activities of doctors in training are excluded from the scope of Council Directive 93/104/EC.(4) The Commission, in its proposal of 20 September 1990, did not exclude any sectors and activities from Council Directive 93/104/EC, nor did the European Parliament in its Opinion of 20 February 1991 accept such exclusions.(5) The health and safety of workers should be protected at the workplace not because they work in a particular sector or carry out a particular activity, but because they are workers.(6) As regards sectoral legislation for mobile workers, a complementary and parallel approach is needed in the provisions on transport safety and the health and safety of the workers concerned.(7) Account needs to be taken of the specific nature of activities at sea and of doctors in training.(8) Protection of the health and safety of mobile workers in the excluded sectors and activities should also be guaranteed.(9) The existing provisions concerning annual leave and health assessments for night work and shift work should be extended to include mobile workers in the excluded sectors and activities.(10) The existing provisions on working time and rest need to be adapted for mobile workers in the excluded sectors and activities.(11) All workers should have adequate rest periods. The concept of "rest" must be expressed in units of time, i.e. in days, hours and/or fractions thereof.(12) A European Agreement in respect of the working time of seafarers has been put into effect by means of a Council Directive(5), on a proposal from the Commission, in accordance with Article 139(2) of the Treaty. Accordingly, the provisions of this Directive should not apply to seafarers.(13) In the case of those "share-fishermen" who are employees, it is for Member States to determine, pursuant to Article 7 of Council Directive 93/104/EC, the conditions for entitlement to, and granting of, annual leave, including the arrangements for payments.(14) Specific standards laid down in other Community instruments relating, for example, to rest periods, working time, annual leave and night work for certain categories of workers should take precedence over the provisions of Council Directive 93/104/EC as amended by this Directive.(15) In the light of the case law of the Court of Justice of the European Communities the provision relating to Sunday rest should be deleted.(16) In its judgment in Case C-84/94 United Kingdom v. Council(6) the Court of Justice ruled that Council Directive 93/104/EC accords with the principles of subsidiarity and proportionality set out in Article 5 of the Treaty. There is no reason to assume that that judgment is not applicable to comparable rules concerning a number of aspects of the organisation of working time in excluded sectors and activities,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 93/104/EC is hereby amended as follows:1. Article 1(3) shall be replaced by the following:"3. This Directive shall apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC, without prejudice to Articles 14 and 17 of this Directive.This Directive shall not apply to seafarers, as defined in Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers, concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)(7) without prejudice to Article 2(8) of this Directive.";2. in Article 2, the following shall be added:"7. 'mobile worker' shall mean any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road, air or inland waterway.8. 'offshore work' shall mean work performed mainly on or from offshore installations (including drilling rigs), directly or indirectly in connection with the exploration, extraction or exploitation of mineral resources, including hydrocarbons, and diving in connection with such activities, whether performed from an offshore installation or a vessel.9. 'adequate rest' shall mean that workers have regular rest periods, the duration of which is expressed in units of time and which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, they do not cause injury to themselves, to fellow workers or to others and that they do not damage their health, either in the short term or in the longer term.";3. In Article 5, the following subparagraph shall be deleted:"The minimum rest period referred to in the first subparagraph shall in principle include Sunday."4. Article 14 shall be replaced by the following:"Article 14More specific Community provisionsThis Directive shall not apply where other Community instruments contain more specific requirements relating to the organisation of working time for certain occupations or occupational activities."5. Article 17(2.1) shall be replaced by the following:"2.1. from Articles 3, 4, 5, 8 and 16:(a) in the case of activities where the worker's place of work and his place of residence are distant from one another, including offshore work, or where the worker's different places of work are distant from one another;(b) in the case of security and surveillance activities requiring a permanent presence in order to protect property and persons, particularly security guards and caretakers or security firms;(c) in the case of activities involving the need for continuity of service or production, particularly:(i) services relating to the reception, treatment and/or care provided by hospitals or similar establishments, including the activities of doctors in training, residential institutions and prisons;(ii) dock or airport workers;(iii) press, radio, television, cinematographic production, postal and telecommunications services, ambulance, fire and civil protection services;(iv) gas, water and electricity production, transmission and distribution, household refuse collection and incineration plants;(v) industries in which work cannot be interrupted on technical grounds;(vi) research and development activities;(vii) agriculture;(viii) workers concerned with the carriage of passengers on regular urban transport services;(d) where there is a foreseeable surge of activity, particularly in:(i) agriculture;(ii) tourism;(iii) postal services;(e) in the case of persons working in railway transport:(i) whose activities are intermittent;(ii) who spend their working time on board trains; or(iii) whose activities are linked to transport timetables and to ensuring the continuity and regularity of traffic.".6. In Article 17(2) the following shall be added:"2.4. from Articles 6 and 16(2) in the case of doctors in training:(a) with respect to Article 6, for a transitional period of five years from 1 August 2004.(i) Member States may have up to two more years, if necessary, to take account of difficulties in meeting the working time provisions with respect to their responsibilities for the organisation and delivery of health services and medical care. At least six months before the end of the transitional period, the Member State concerned shall inform the Commission giving its reasons, so that the Commission can give an opinion, after appropriate consultations, within the three months following receipt of such information. If the Member State does not follow the opinion of the Commission, it will justify its decision. The notification and justification of the Member State and the opinion of the Commission shall be published in the Official Journal of the European Communities and forwarded to the European Parliament.(ii) Member States may have an additional period of up to one year, if necessary, to take account of special difficulties in meeting the abovementioned responsibilities. They shall follow the procedure set out in paragraph (i).Within the context of the transitional period:(iii) Member States shall ensure that in no case will the number of weekly working hours exceed an average of 58 during the first three years of the transitional period, an average of 56 for the following two years and an average of 52 for any remaining period.(iv) The employer shall consult the representatives of the employees in good time with a view to reaching an agreement, wherever possible, on the arrangements applying to the transitional period. Within the limits set out in point (iii), such an agreement may cover:- the average number of weekly hours of work during the transitional period; and- the measures to be adopted to reduce weekly working hours to an average of 48 by the end of the transitional period;(b) with respect to Article 16(2), provided that the reference period does not exceed 12 months, during the first part of the transitional period specified in paragraph (a) (iii), and six months thereafter.";7. The following Articles shall be inserted:"Article 17aMobile workers and offshore work1. Articles 3, 4, 5 and 8 shall not apply to mobile workers.2. Member States shall, however, take the necessary measures to ensure that such mobile workers are entitled to adequate rest, except in the circumstances laid down in Article 17(2.2).3. Subject to compliance with the general principles relating to the protection of the safety and health of workers, and provided that there is consultation of representatives of the employer and employees concerned and efforts to encourage all relevant forms of social dialogue, including negotiation if the parties so wish, Member States may, for objective or technical reasons or reasons concerning the organisation of work, extend the reference period referred to in Article 16(2) to twelve months in respect of workers who mainly perform offshore work.4. On 1 August 2005 the Commission shall, after consulting the Member States and management and labour at European level, review the operation of the provisions with regard to offshore workers from a health and safety perspective with a view to presenting, if need be, the appropriate modifications.Article 17bWorkers on board sea-going fishing vessels1. Articles 3, 4, 5, 6 and 8 shall not apply to any worker on board a sea-going fishing vessel flying the flag of a Member State.2. Member States shall, however, take the necessary measures to ensure that any worker on board a sea-going fishing vessel flying the flag of a Member State is entitled to adequate rest and to limit the number of hours of work to 48 hours a week on average calculated over a reference period not exceeding 12 months.3. Within the limits set out in paragraphs 2, 4 and 5 Member States shall take the necessary measures to ensure that, in keeping with the need to protect the safety and health of such workers,(a) the working hours are limited to a maximum number of hours which shall not be exceeded in a given period of time, or(b) a minimum number of hours of rest are provided within a given period of time.The maximum number of hours of work or minimum number of hours of rest shall be specified by law, regulations, administrative provisions or by collective agreements or agreements between the two sides of the industry.4. The limits on hours of work or rest shall be either:(a) maximum hours of work which shall not exceed:(i) 14 hours in any 24-hour period, and(ii) 72 hours in any seven-day period;or(b) minimum hours of rest which shall not be less than:(i) 10 hours in any 24-hour period, and(ii) 77 hours in any seven-day period.5. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.6. In accordance with the general principles of the protection of the health and safety of workers, and for objective or technical reasons or reasons concerning the organisation of work, Member States may allow exceptions, including the establishment of reference periods, to the limits laid down in paragraphs 2, 4 and 5. Such exceptions shall, as far as possible, comply with the standards laid down but may take account of more frequent or longer leave periods or the granting of compensatory leave for the workers. These exceptions may be laid down by means of(i) laws, regulations or administrative provisions provided there is consultation, where possible, of the representatives of the employers and workers concerned and efforts are made to encourage all relevant forms of social dialogue, or(ii) collective agreements or agreements between the two sides of industry.7. The master of a sea-going fishing vessel shall have the right to require workers on board to perform any hours of work necessary for the immediate safety of the vessel, persons on board or cargo, or for the purpose of giving assistance to other vessels or persons in distress at sea.8. Members States may provide that workers on board sea-going fishing vessels for which national legislation or practice determines that these vessels are not allowed to operate in a specific period of the calendar year exceeding one month, shall take annual leave in accordance with Article 7 within the abovementioned period."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 1 August 2003, or shall ensure that, by that date at the latest, the two sides of industry have introduced the necessary measures by agreement, the Member States being required to take any necessary measure to enable them at any time to be in a position to guarantee the results imposed by this Directive. With regard to doctors in training that date shall be 1 August 2004. They shall forthwith inform the Commission thereof.2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.3. Without prejudice to the right of Member States to develop, in the light of changing circumstances, different legislative, regulatory or contractual provisions in the field of working time, as long as the minimum requirements provided for in this Directive are complied with, implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers.4. Member States shall communicate to the Commission the texts of the provisions of national law already adopted or being adopted in the field governed by this Directive.Article 3Not later than 1 August 2009 the Commission shall, after consulting the Member States and management and labour at European level, review the operation of the provisions with regard to workers on board sea-going fishing vessels, and, in particular examine whether these provisions remain appropriate, in particular, as far as health and safety are concerned with a view to proposing suitable amendments, if necessary.Article 4Not later than 1 August 2005 the Commission shall, after consulting the Member States and management and labour at European level, review the operation of the provisions with regard to workers concerned with the carriage of passengers on regular urban transport services, with a view to presenting, if need be, the appropriate modifications to ensure a coherent and suitable approach in the sector.Article 5This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Luxembourg, 22 June 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Sócrates(1) OJ C 43, 17.2.1999, p. 1.(2) OJ C 138, 18.5.1999, p. 33.(3) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 231), Council Common Position of 12 July 1999 (OJ C 249, 1.9.1999, p. 17) and Decision of the European Parliament of 16 November 1999 (not yet published in the Official Journal). Decision of the European Parliament of 17 May 2000 and Council Decision of 18 May 2000.(4) OJ L 307, 13.12.1993, p. 18.(5) Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) (OJ L 167, 2.7.1999, p. 33).(6) ECR [1996] I - 5755.(7) OJ L 167, 2.7.1999, p. 33.Commission statement regarding Sunday restThe Commission states that it will report on the situation in the Member States with regard to legislation on Sunday rest in its forthcoming report on the implementation of the Working Time Directive (93/104/EC).Commission statement regarding implementation of Article 1, paragraph 6The Commission states that it intends, before giving its opinion, to consult management and labour at European level and representatives of the Member States with a view to delivering its opinion three months after the Commission receives the notification from the Member State.


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32002L0067

Commission Directive 2002/67/EC of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine (Text with EEA relevance)

Official Journal L 191 , 19/07/2002 P. 0020 - 0021

Commission Directive 2002/67/ECof 18 July 2002on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to 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(1), as amended by Commission Directive 2001/101/EC(2), and in particular Article 4(2) and (3) thereof,Whereas:(1) Quinine and caffeine are used in the production or preparation of certain foodstuffs, either as a flavouring or, in the case of caffeine, as an ingredient. For most consumers, the consumption of these substances in moderation is unlikely to present any health risks.(2) According to the conclusions of the Scientific Committee for Food, there is no objection from the point of view of toxicology to the continued use of quinine at a certain maximum level in bitter drinks. However, consumption of quinine may be counter-indicated for certain people for medical reasons, or because they are hypersensitive to the substance.(3) As far as caffeine is concerned, the Scientific Committee for Food, in its opinion of 21 January 1999 on caffeine and other substances used as ingredients in "energy drinks", concluded that, for adults, apart from pregnant women, the contribution of "energy drinks" to the total consumption of caffeine did not appear to be a cause for concern, assuming that "energy drinks" replace other sources of caffeine. However, for children, an increase in the daily intake of caffeine to a certain level of consumption per day may bring about temporary changes in behaviour, such as increased excitability, irritability, nervousness or anxiety. In addition, for pregnant women, the Committee's view is that moderation of caffeine intake is advisable.(4) These findings make it necessary to provide labelling which gives the consumer clear information on the presence or otherwise of quinine or caffeine in a foodstuff and, in the case of caffeine, to provide a warning message and an indication of the amount of caffeine, where this is in excess of a specific level, in beverages which do not naturally contain caffeine.(5) Directive 2000/13/EC does not provide for compulsory and specific mention of flavourings in the list of ingredients. Quinine or caffeine, used as a flavouring, might as a result not be listed by name in the ingredients. Moreover, even where caffeine is mentioned as such in the list of ingredients, there is no requirement to indicate whether the level is high.(6) Some Member States have enacted national legislation making it compulsory to mention the presence of quinine and/or caffeine on the labels of foodstuffs which contain these substances, in certain cases also stating the amount of caffeine, with a warning. The existence and application of different national legislation causes technical problems for intra-Community trade in the foodstuffs concerned.(7) It is therefore necessary, with a view to providing information for all consumers throughout the Community and to facilitating the free movement of the products in question, to introduce harmonised provisions to apply to foodstuffs containing quinine and those containing caffeine. These provisions must make it necessary to include compulsory particulars on the label in addition to those set out in Directive 2000/13/EC.(8) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1By derogation from Article 6(6), second subparagraph, third indent, of Directive 2000/13/EC, quinine and/or caffeine used as a flavouring in the production or preparation of a foodstuff must be mentioned by name in the list of ingredients indicated in Article 3(1)(2), of Directive 2000/13/EC, immediately after the term "flavouring".Article 21. Where a beverage which is intended for consumption without modification, or after reconstitution of the concentrated or dried product, contains caffeine, from whatever source, in a proportion in excess of 150 mg/l, the following message must appear on the label in the same field of vision as the name under which the product is sold: "High caffeine content".This message shall be followed, in brackets and in accordance with Article 13(2) of Directive 2000/13/EC, by the caffeine content expressed in mg/100 ml.2. Paragraph 1 shall not apply to beverages based on coffee, tea or coffee or tea extract where the name under which the product is sold includes the term "coffee" or "tea".Article 31. The Member States shall permit trade in products which comply with this Directive as of 1 July 2003.2. The Member States shall prohibit trade in products which do not comply with this Directive as of 1 July 2004.However, products which do not comply with this Directive and which were labelled before 1 July 2004 shall be authorised while stocks last.Article 4The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 June 2003. They shall forthwith inform the Commission thereof.When the Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such references shall be adopted by Member States.Article 5This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 18 July 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 109, 6.5.2000, p. 29.(2) OJ L 310, 28.11.2001, p. 19.


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31986L0489

Commission Directive 86/489/EEC of 24 September 1986 amending Directive 77/794/EEC laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax

Official Journal L 283 , 04/10/1986 P. 0023 - 0024 Finnish special edition: Chapter 2 Volume 4 P. 0132  Swedish special edition: Chapter 2 Volume 4 P. 0132

*****COMMISSION  DIRECTIVE  of 24 September 1986  amending Directive 77/794/EEC laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax  (86/489/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 22 (1) thereof,  Whereas Commission Directive 77/794/EEC (2), as amended by Directive 85/479/EEC (3), laid down detailed rules for implementing certain provisions of Directive 76/308/EEC; whereas Article 20 (2) laid down that no request for assistance may be made if the amount claimed is less than 750 ECU unless the request related to the recovery of a claim payable as a result of an irregularity committed in the course of, or in connection with, an operation carried out under arrangements for movement of goods within the Community introduced by Council Regulation (EEC) No 3/84 (4), as last amended by the Act of Accession of Spain and Portugal, in which case that amount is reduced to 200 ECU;  Whereas, having regard to the increase in administrative costs since 1977, the threshold for the submission of requests for assistance should be increased to 1 500 ECU, except in the specific case referred to above where the threshold must remain 200 ECU so as to ensure the correct implementation of the provisions of Regulation (EEC) No 3/84;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on Recovery,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The first sentence of Article 20(2) of Directive 77/794/EEC is replaced by the following:  'From 1 January 1987 no request for assistance may be made if the amount of the relevant claim of claims is less than 1 500 ECU.'  Article 2  Member States shall take the measures necessary to comply with this Directive not later than 1 January 1987.  Article 3  Each Member State shall inform the Commission of the measures which it takes for implementing this Directive. The Commission shall communicate such information to the other Member States.  Article 4  This Directive addressed to the Member States.  Done at Brussels, 24 September 1986.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 73, 19. 3. 1976, p. 18.  (2) OJ No L 333, 24. 12. 1977, p. 11.  (3) OJ No L 285, 25. 10. 1985, p. 65.  (4) OJ No L 2, 4. 1. 1984, p. 1.


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31999L0091

Commission Directive 1999/91/EC of 23 November 1999 amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs (Text with EEA relevance)

Official Journal L 310 , 04/12/1999 P. 0041 - 0055

COMMISSION DIRECTIVE 1999/91/ECof 23 November 1999amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs(1) and in particular Article 3 thereof,After consulting the Scientific Committee on Food,Whereas:(1) Commission Directive 90/128/EEC(2), as last amended by Directive 96/11/EC(3), provides in Article 3(2) for the revision of Annex II thereto.(2) On the basis of the information available, certain monomers provisionally admitted at national level may be included in the Community list.(3) Other monomers have been requested for use following the adoption of Directive 90/128/EEC: the technical data supplied permit their inclusion in the Community list.(4) Annex III to Directive 90/128/EEC includes a list of additives, which should be amended so as to include other additives fully evaluated by the Scientific Committee on Food.(5) For certain substances, the restrictions already set out should be amended according to the information available.(6) The current total list of additives is an incomplete list inasmuch as it does not contain all the substances which are currently accepted in one or more Member States; accordingly, these substances continue to be regulated by national laws pending a decision on inclusion in the Community list.(7) This Directive establishes purity criteria for only a few substances, and therefore the other substances which may require purity criteria remain regulated in this respect by national laws pending a decision at Community level.(8) The measures contained in this Directive do not go beyond what is necessary to achieve the objectives already provided for in Directive 89/109/EEC.(9) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 90/128/EEC is amended as follows:1. the fourth indent of Article 3(5) is deleted;2. Article 3a is replaced by the following: "Article 3aAn incomplete list of additives which may be used for the manufacture of plastic materials and articles, together with the restrictions on their use, is set out in Annex III";3. the following Articles 3b and 3c are inserted: "Article 3bOnly the products obtained by means of bacterial fermentation listed in Annex IV may be used in contact with foodstuffs.Article 3c1. The specifications relating to some substances appearing in Annexes II, III and IV are laid down in Annex V.2. The meaning of the numbers between brackets appearing in the Column 'Restrictions and/or specifications' is explained in Annex VI";4. Annex II is amended as shown in Annex I to this Directive;5. Annex III is amended as shown in Annex II to this Directive;6. the texts set out in Annex III to this Directive are added as Annexes IV, V and VI.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 2000. They shall immediately inform the Commission thereof.Member States shall permit, as from 1 January 2002, the trade in and use of plastic materials and articles intended to come into contact with foodstuffs and complying with this Directive.They shall prohibit, as from 1 January 2003, the manufacture and importation into the Community of plastic materials and articles intended to come into contact with foodstuffs and which do not comply with this Directive.2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 3This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 23 November 1999.For the CommissionErkki LIIKANENMember of the Commission(1) OJ L 40, 11.2.1989, p. 38.(2) OJ L 75, 21.3.1990, p. 19.(3) OJ L 61, 12.3.1996, p. 26.ANNEX IAnnex II is amended as follows: 1. The fourth indent of paragraph 5 is replaced by the following: "- Column 4 (Restrictions and/or specifications). These may include:- specific migration limit (SML),- maximum permitted quantity of the substance in the finished material or article (QM),- maximum permitted quantity of the substance in the finished material or article expressed as mg per 6 dm2 of the surface in contact with foodstuffs (QMA),- any other restriction specifically mentioned,- any type of specifications related to the substance or to the polymer;"2. The title of column 4 is modified to "Restrictions and/or specifications";3. Sections A and B are amended as shown in Appendices 1 to 5. "Appendix 1List of monomers and other starting substances inserted in Section A of Annex II to Directive 90/128/EEC>TABLE>Appendix 2List of monomers and other starting substances in Section A of Annex II to Directive 90/128/EEC for which the content of the column "Restriction and/or specifications" is modified>TABLE>Appendix 3List of monomers and others starting substances deleted from Section B of Annex II to Directive 90/128/EEC>TABLE>Appendix 4List of monomers and other starting substances in Section B of Annex II to Directive 90/128/EEC for which the content of the column "Restrictions and/or specifications" is modified>TABLE>Appendix 5List of monomers and other starting substances transferred from Section B to Section A of Annex II to Directive 90/128/EEC>TABLE>"ANNEX IIAnnex III is amended as follows: 1. The fourth indent of paragraph 5 is replced by the following: "- Column 4 (Restrictions and/or specifications). These may include:- specific migration limit (SML),- maximum permitted quantity of the substance in the finished materil or article (QM),- maximum permitted quantity of the substance in the finished material or article expressed as mg per 6 dm2 of the surface in contact with foodstuffs (QMA),- any other restriction specifically laid down,- any type of specification related to the substance or to the polymer;"2. The title of the column 4 is modified into "Restrictions and/or specifications";3. "Incomplete list of additives" is amended as shown in Appendices 1, 2 and 3. "Appendix 1List of additives inserted in Annex III to Directive 90/128/EEC>TABLE>Appendix 2List of additives in Annex III to Directive 90/128/EEC for which the content of column "CAS No" is modified>TABLE>Appendix 3List of additives in Annex III to Directive 90/128/EEC deleted>TABLE>"ANNEX IIIThe following Annexes IV, V and VI are added: "ANNEX IVPRODUCTS OBTAINED BY MEANS OF BACTERIAL FERMENTATION>TABLE>ANNEX VSPECIFICATIONSPart A: General specifications(to be fixed later)Part B: Other specifications>TABLE>ANNEX VINOTES RELATED TO THE COLUMN "RESTRICTIONS AND/OR SPECIFICATIONS"(1) Warning: there is a risk that the SML could be exceeded in fatty food simulants.(2) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 10060 and 23920.(3) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 15760, 16990, 47680, 53650, 89440.(4) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 19540, 19960.(5) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 14200, 14230.(6) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 66560 and 66580.(7) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 30080, 42320, 45195, 45200, 53610, 81760, 89200, 92030.(8) SML(T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 85840 and 95725.(9) SML(T) = in this specific case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances:(a) Badge (=2,2-bis(4-hydroxyphenyl)propane bis(2,3-epoxypropyl) ether:(b) Badge.H2O.(d) Badge.HCl.(e) Badge.2HCl(f) Badge.H2O.HClHowever in aqueous food simulants, the SML(T) should also include Badge.2H2O (c) unless the material or article is labelled for use in contact only with those foods and/or beverages for which it has been demonstrated that the sum of the migration levels of the five abovementioned substances (a)(b)(d)(e)(f) cannot exceed 1 mg/kg.(10) Warning: there is a risk that the migration of the substance deteriorates the organoleptic characteristics of the food in contact and then, that the finished product does not comply with the second indent of Article 2 of Directive 89/109/EEC."


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32001L0101

Commission Directive 2001/101/EC of 26 November 2001 amending Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs

Official Journal L 310 , 28/11/2001 P. 0019 - 0021

Commission Directive 2001/101/ECof 26 November 2001amending Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to 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(1), and, in particular, the second paragraph of the first indent of the second subparagraph of Article 6(6) thereof,Whereas:(1) Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat(2), as last amended by Directive 95/23/EC(3), contains a definition of meat which was drawn up for the purposes of hygiene and the protection of public health. This definition covers all parts of animals which are fit for human consumption. It does not correspond, however, to the consumer's perception of meat and does not inform the consumer as to the real nature of the product designated by the term "meat".(2) Several Member States have adopted a definition of the term "meat" for the labelling of products that contain meat. However, the diversity of the national approaches has led to difficulties which adversely affect the operation of the internal market and make it necessary to prepare a harmonised definition.(3) Annex I to Directive 2000/13/EC defines certain categories of ingredients which may be designated by the name of the category rather than by the specific name of the ingredient considered for inclusion in the list of ingredients.(4) The category "meat" is not defined in that Annex, which creates difficulties in implementing Directive 2000/13/EC, notably as regards indication of the list of ingredients and the quantitative declaration of the ingredients. There is a need, therefore, for a harmonised definition corresponding to the category name "... meat" in order to apply Directive 2000/13/EC.(5) In view of the right of consumers to be well and clearly informed so that they can choose what to eat and assess differences in selling prices, the name of the species used should be an element of the reference to the category name.(6) The definition applies exclusively to the labelling of products which contain meat as an ingredient. It does not apply, therefore, to the labelling of meat cuts and anatomical parts which are sold without further processing.(7) Mechanically recovered meat differs significantly from "meat" as perceived by consumers. It should therefore be excluded from the scope of the definition.(8) Consequently, it should be designated by its specific name, "mechanically recovered meat", and by the name of the species, in compliance with the rule set out in Article 6(6) of Directive 2000/13/EC. This labelling rule applies to the products covered by the Community definition of "mechanically recovered meat".(9) Other animal parts which are fit for human consumption but which do not fall under the definition of the term "meat" for labelling purposes should also be designated by their specific name in accordance with the same principle.(10) In order to determine the "meat" content of products in a uniform manner, maximum limits should be established for the fat and connective tissue content of products which may be designated by the category name "... meat". These limits are without prejudice to the specific provisions governing minced meat and meat preparations laid down in Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations(4).(11) If these maximum limits are exceeded, but all other criteria for the definition of "meat" are satisfied, the "... meat" content should be adjusted downwards accordingly and the list of ingredients should mention, in addition to the term "... meat", the presence of fat and/or connective tissue.(12) It also appears necessary to establish a harmonised method for determining the connective tissue content.(13) Directive 2000/13/EC should therefore be amended accordingly.(14) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Food,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 2000/13/EC is amended in accordance with the text set out in the Annex to this Directive.Article 21. Member States shall authorise trade in products that are in conformity with Directive 2000/13/EC, as amended by this Directive, by 31 December 2002 at the latest.2. Member States shall prohibit, with effect from 1 January 2003, trade in products which are not in conformity with Directive 2000/13/EC, as amended by this Directive.However, products which are not in conformity with the Directive and which were labelled before 1 January 2003 shall be authorised while stocks last.Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2002 at the latest. They shall immediately inform the Commission thereof.The provisions adopted by the Member States shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 26 November 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 109, 6.5.2000, p. 29.(2) English Special Edition, 1963-64 (II), p. 175.(3) OJ L 243, 11.10.1995, p. 7.(4) OJ L 368, 31.12.1994, p. 10.ANNEXIn Annex I to Directive 2000/13/EC, the following text is added: ">TABLE>"


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31999L0010

Commission Directive 1999/10/EC of 8 March 1999 providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs (Text with EEA relevance)

Official Journal L 069 , 16/03/1999 P. 0022 - 0023

COMMISSION DIRECTIVE 1999/10/EC of 8 March 1999 providing for derogations from the provisions of Article 7 of Council Directive 79/112/EEC as regards the labelling of foodstuffs (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1), as last amended by European Parliament and Council Directive 97/4/EC (2), and in particular Article 7(3)(d) and (4) thereof,Whereas Article 7(2)(a) and (b) of Directive 79/112/EEC provide that the quantity of an ingredient is to be stated on the labelling of a foodstuff where the ingredient concerned appears in the name under which the foodstuff is sold or is emphasised on the labelling;Whereas, on the one hand, Commission Directive 94/54/EC (3), as amended by Council Directive 96/21/EC (4), requires the particulars 'with sweetener(s)` or 'with sugar(s) and sweetener(s)` to be indicated on the labelling of products containing such ingredients; whereas those particulars must accompany the name under which the product is sold;Whereas the indication of those particulars required by Directive 94/54/EC has the effect of making it obligatory to indicate the quantity of this ingredient or these ingredients in accordance with Article 7(2)(a) and/or (b) of Directive 79/112/EEC;Whereas, however, indication of the quantity of sweeteners is unlikely to govern the consumer's choice when purchasing the product;Whereas, on the other hand, the inclusion of particulars relating to the addition of vitamins and minerals has the effect of making nutrition labelling obligatory in accordance with Council Directive 90/496/EEC (5);Whereas such particulars are regarded as an integral part of the name under which the product is sold or as emphasising an ingredient within the meaning of Article 7(2)(a) and/or (b) of Directive 79/112/EEC, thereby making the indication of the quantity of vitamins and minerals compulsory;Whereas duplicated information of this kind is not useful to consumers and could even mislead them, inasmuch as quantity is indicated as a percentage under Article 7(4) of Directive 79/112/EEC and in mg on nutrition labelling;Whereas under these circumstances, it is necessary to provide for further exceptions to the rule of indicating the quantities of ingredients;Whereas Article 7(4) of Directive 79/112/EEC states that the quantity indicated, expressed as a percentage, must correspond to the quantity of the ingredient or ingredients at the time of its/their use; whereas that paragraph nevertheless provides for derogations from that principle;Whereas, furthermore, the composition of certain foodstuffs is appreciably changed by cooking or other processes causing dehydration of their ingredients;Whereas a derogation from the method for calculating the quantity of ingredients laid down by Article 7(4) of Directive 79/112/EEC is necessary for these products in order to better reflect the true composition of the foodstuff and thereby avoid misleading the consumer;Whereas Article 6(5)(a) of Directive 79/112/EEC applies the same principle to the order of ingredients in the list of ingredients;Whereas Article 6 nevertheless provides for derogations for certain foods or ingredients; whereas, for the sake of consistency, the same derogations should be provided for the method of calculating quantity;Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 3b of the Treaty, the objectives of the proposed action to ensure the effective implementation of the principle of quantitative indication of ingredients cannot be sufficiently achieved by the Member States to the extent that the basic rules are included in Community legislation; whereas this Directive is limited to the minimum required to achieve those objectives and does not go beyond what is necessary to that end;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 1. Article 7(2)(a) and (b) of Directive 79/112/EEC shall not apply in cases where the wording 'with sweetener(s)` or 'with sugar(s) and sweetener(s)` accompanies the name under which a foodstuff is sold, as provided for under Directive 94/54/EC.2. Article 7(2)(a) and (b) of Directive 79/112/EEC shall not apply to particulars relating to the addition of vitamins and minerals, in cases where those substances are subject to nutrition labelling.Article 2 1. By way of derogation from the principle established in Article 7(4) of Directive 79/112/EEC, the provisions of paragraphs 2 and 3 of this Article shall apply to the indication of quantities of ingredients.2. For foodstuffs which have lost moisture following heat treatment or other treatment, the quantity shall correspond to the quantity of the ingredient or ingredients used, related to the finished product. The quantity shall be expressed as a percentage.However, when the quantity of an ingredient or the total quantity of all the ingredients expressed on the labelling exceeds 100 %, the percentage shall be replaced by the weight of the ingredient(s) used to prepare 100 g of finished product.3. The quantity of volatile ingredients shall be indicated on the basis of their proportion by weight in the finished product.The quantity of ingredients used in concentrated or dehydrated form and reconstituted during manufacture may be indicated on the basis of their proportion by weight as recorded before their concentration or dehydration.In the case of concentrated or dehydrated foods which are intended to be reconstituted by the addition of water, the quantity of the ingredients may be indicated on the basis of their proportion by weight in the reconstituted product.Article 3 Member States shall, where necessary, adopt the necessary laws, regulations and administrative provisions by 31 August 1999 at the latest so as to:- allow trade in products complying with this Directive by 1 September 1999 at the latest,- prohibit trade in products not complying with this Directive from 14 February 2000 at the latest. However, products placed on the market or labelled before that date which do not comply with this Directive may be marketed until stocks are exhausted.They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 4 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 8 March 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 33, 8. 2. 1979, p. 1.(2) OJ L 43, 14. 2. 1997, p. 21.(3) OJ L 300, 23. 11. 1994, p. 14.(4) OJ L 88, 5. 4. 1996, p. 5.(5) OJ L 276, 6. 10. 1990, p. 40.