Amended proposal for a directive of the European Parliament and of the Council amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs
27. 6. 2000 EN Official Journal of the European Communities C 177 E/11 Amended proposal for a directive of the European Parliament and of the Council amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1) (2000/C 177 E/02) (Text with EEA relevance) COM(1999) 339 final - 97/0027(COD) (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 1 July 1999) (1) OJ C 106, 4. 4. 1997, p. 5. INITIAL PROPOSAL AMENDED PROPOSAL THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Unchanged Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social Acting in accordance with the procedure referred to in Article 251 of the Treaty, (1) Whereas Article 6(3) of Directive 79/112/EEC lays down that áin the case of beverages containing more than 1,2 % by volume of alcohol, the Council, acting on a proposal from the Commission, shall, before the expiry of a period of this Directive, following notification of determine the rules for labelling ingredientsí; four years (2) Whereas, in order to contribute to the achievement of a high level of health and to the protection of the health of consumers, it must be ensured that consumers are appro- priately informed about foodstuffs, and especially alcoholic beverages, inter alia through the listing of the ingredients on labels; whereas the need for this is all the more urgent since more beverages whose composition and presentation are obviously geared to sales to young people have come onto the market in recent years; whereas common legislation on the labelling of alcoholic beverages is essential for the expansion and preservation of the internal market in these products; and more alcoholic (3) Whereas the Commission’s earlier proposals in response to this mandate (1) failed to win the agreement of the Member States; Unchanged (4) Whereas account should be taken of the case-law of the Court of Justice of the European Communities concerning the labelling of alcoholic beverages (2); ___________ (1) OJ C 281, 26. 10. 1982, p. 3 (OJ C 122, 14. 5. 1992, p. 12). (2) Judgment of 12. 3. 1987 in Case 178/84 (Beer Purity Law), and in particular grounds 35 and 36. C 177 E/12 EN Official Journal of the European Communities 27. 6. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (5) Whereas it is for the Community legislator to adopt the measures deriving from that case-law; (6) Whereas, furthermore, the Scientific Committee for Food set up by Commission Decision 97/579/EC (1) should be consulted on any issue relating to Directive 79/112/EEC likely to have an effect on public health, HAVE ADOPTED THIS DIRECTIVE: Unchanged Article 1 1) Article 6(3) of Directive 79/112/EEC is hereby replaced by 1) Article 6(3) of Directive 79/112/EEC is hereby replaced by the following: the following: 3. The rules for labelling the ingredients of beverages containing more than 1,2 % alcohol by volume shall be adopted within a period of 3. The rules for labelling the ingredients of beverages containing more than 1,2 % alcohol by volume shall be adopted within a period of five years starting on 1 July 2000 (a) in the case of: (a) in the case of: - wines (1), including sparkling wines (2), liqueur wines and semi-sparkling wines (3) offered for sale to the consumer; - wines (1), including sparkling wines (2), liqueur wines and semi-sparkling wines (3) offered for sale to the consumer; - partially fermented grape must (2) - partially fermented grape must (2) - spirituous beverages (4), - aromatised wines (5), - spirituous beverages (4), - aromatised wines, aromatised wine-based beverages and aromatised wine-product cocktails (5), within the framework of provisions applicable to them; the specific Community within the framework of provisions applicable to them; the specific Community (b) in the case of, in accordance with the procedure laid down in Article 17. (b) in the case of each category of other products, in accordance with the procedure laid down in Article 17. The rules adopted in accordance with these procedures shall enter into force simultaneously for the beverages covered by points (a) and (b) of this paragraph. The rules adopted in accordance with these procedures shall enter into force simultaneously for the beverages covered by points (a) and (b) of this paragraph. these products the list of For all preceded by the words ôprepared withö. ___________ (1) Council Regulation (EEC) No 2392/89 (OJ L 232, ingredients shall be these products the list of For all preceded by the words ôprepared withö. ___________ (1) Council Regulation (EEC) No 2392/89 (OJ L 232, ingredients shall be 9. 8. 1989, p. 13). 9. 8. 1989, p. 13). (2) Council Regulation (EEC) No 2333/92 (OJ L 231, (2) Council Regulation (EEC) No 2333/92 (OJ L 231, 13. 8. 1992, p. 9). 13. 8. 1992, p. 9). (3) Council Regulation (EEC) No 3895/91 (OJ L 368, (3) Council Regulation (EEC) No 3895/91 (OJ L 368, 31. 12. 1991, p. 1). 31. 12. 1991, p. 1). (4) Council Regulation (EEC) No 1576/89 (OJ L 160, (4) Council Regulation (EEC) No 1576/89 (OJ L 160, 12. 6. 1989, p. 1). 12. 6. 1989, p. 1). (5) Council Regulation (EEC) No 1601/91(OJ L 149, (5) Council Regulation (EEC) No 1601/91 (OJ L 149, 14. 6. 1991, p. 1). í 14. 6. 1991, p. 1). í ___________ (1) OJ L 237, 28. 8. 1997, p. 18. 27. 6. 2000 EN Official Journal of the European Communities C 177 E/13 INITIAL PROPOSAL AMENDED PROPOSAL 2) The following article is inserted: Article 14a The Scientific Committee for Food shall be consulted on all issues relating to this Directive which may have an effect upon public health. í Article 2 Unchanged This Directive is addressed to the Member States