Division 8.2 Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs

As regards Directive 90/496/EEC, the Commission should be empowered to adopt provisions necessary for changes to the list of vitamins, minerals and their recommended daily allowances; for a definition of fibre and its associated methods of analysis; for the restriction or prohibition of nutrition claims; for amendments and additions relating to the list of categories of nutrients and their conversion factors; and to establish rules concerning the extent of the information to be given and the manner of its communication for non-pre-packaged foodstuffs. Since those measures are of general scope and are designed to amend non-essential elements of Directive 90/496/EEC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 90/496/EEC is hereby amended as follows:

1. 1..

   in Article 1(4)(a), the second subparagraph shall be replaced by the following:

   ‘Measures designed to amend non-essential elements of this Directive and changing the list of vitamins, minerals and their recommended daily allowances shall be adopted by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

2. 2..

   in the third subparagraph of Article 1(4)(b), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

3. 3..

   Article 1(4)(j) shall be replaced by the following:

   1. (j)

      ‘“fibre” means a material to be defined by the Commission and measured by a method of analysis to be determined by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

4. 4..

   Article 3 shall be replaced by the following:

   ‘Article 3

   The only nutrition claims permitted shall be those relating to energy, to the nutrients listed in Article 1(4)(a)(ii) and to substances which belong to, or which are components of, a category of those nutrients. Provisions restricting or prohibiting nutrition claims within the meaning of this Article may be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

5. 5..

   Article 5(2) shall be replaced by the following:

   ‘2.

   Amendments to the conversion factors referred to in paragraph 1 and the addition to the list in that paragraph of substances which belong to, or are components of, one of the categories of nutrients referred to therein and their conversion factors, shall be adopted by the Commission in order to calculate more precisely the energy value of foodstuffs. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

6. 6..

   in Article 6(3), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

7. 7..

   in Article 6(5)(b), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

8. 8..

   in the second subparagraph of Article 6(8), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

9. 9..

   Article 8 shall be replaced by the following:

   ‘Article 8

   In the case of non-pre-packaged foodstuffs put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, the extent of the information referred to in Article 4 and the manner of its communication may be determined by national law until the eventual adoption of measures by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

10. 10..

    Article 10(3) shall be replaced by the following:

    ‘3.

    Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’