11.1.2008 Official Journal of the European Union L 8/13 COMMISSION COMMISSION DECISION of 8 January 2008 concerning a draft Regulation from the Hellenic Republic on the labelling of bakery products from frozen dough (notified under document number C(2007) 6750) (Only the Greek text is authentic) (2008/35/EC) 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 (*), and in particular Articles 19 and 20 thereof, Whereas: () O] L 109, 6.5.2000, Commission Directive 2007/68/EC (O] L 310, 28.11.2007, p. 11). In accordance with the procedure provided for in Article 19(2) of Directive 2000/13/EC, the Greek authorities notified to the Commission on 15 May 2007 a draft Regulation on specific provisions on the compulsory labelling of bakery products from frozen dough. Pursuant to the notified draft, bakery products from frozen dough should be labelled with the date of production and the origin of the frozen dough. In accordance with the provisions of Article 19(2) of Directive 2000/13/EC, the Commission consulted Member States via the Standing Committee on the Food Chain and Animal Health. p. 29. Directive as last amended by S Directive 2000/13/EC contains provisions on the labelling of the origin of foodstuffs (Article 3(1) points 7 and 8) and of the types of date indications for food- stuffs (Article 9(5)). According to these rules, particulars of the place of origin or provenance of a foodstuff shall only be compulsory on the labelling of foodstuff, where failure to give such particulars might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff (Article 3(1) point 8). A mandatory labelling of the country of origin of the frozen dough would be an extra burden for those food business operators that produce bread with dough from another EU Member State and therefore constitute a potential barrier to the free movement of goods and endangers the smooth functioning of the single market. The cases where non-harmonised national provisions governing the labelling and presentation of certain food- stuffs or foodstuffs in general may be acceptable are listed in an exhaustive manner in Article 18(2) of Directive 2000/13/EC. Apart from cases relating to the protection of public health, such measures may be admissible only where justified for the prevention of fraud or the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and prevention of unfair compe- tition. The grounds of the Greek notification do refer to hygienic reasons and thus to the protection of public health. The Greek notification does not take into account that there is an established basis of common rules on food hygiene, especially Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of food- stuffs (?). The Greek notification does not provide any evidence that the notified measures are necessary to attain a higher level of public health protection. () O] L 139, 30.4.2004, p. 1. Corrected version in O] L 226, 25.6.2004, p. 3.