2003_89_EC amending Directive 2000_13_EC as regards indication of the ingredients present in foodstuffs

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D15756BC351448A0B749BB9C90793DB4

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2010-4-19

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DIRECTIVE 2003/89/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL,of 10 November 2003,amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs,(Text with EEA relevance),THE 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 European Economic and,Social Committee (2),Acting in accordance with the procedure laid down in Article,251 of the Treaty (3),Whereas:,(1) In order to achieve a high level of health protection for,consumers and to guarantee their right to information, it,must be ensured that consumers are appropriately,informed as regards foodstuffs, inter alia, through the,listing of all ingredients on labels.,(2) By virtue of Article 6 of 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 (4), certain substances need not,appear in the list of ingredients.,(3) When used in the production of foodstuffs and still,present, certain ingredients or other substances are the,cause of allergies or intolerances in consumers, and,some of those allergies or intolerances constitute a,danger to the health of those concerned.,(4) The Scientific Committee on Food set up by Article 1 of,Commission Decision 97/579/EC (5) has stated that the,incidence of food allergies is such as to affect the lives of,many people, causing conditions ranging from very mild,to potentially fatal.,(5) The said Committee has acknowledged that common,food allergens include cow's milk, fruits, legumes (especially,peanuts and soybeans), eggs, crustaceans, tree nuts,fish, vegetables (celery and other foods of the Umbelliferae,family), wheat and other cereals.,(6) The most common food allergens are found in a wide,variety of processed foods.,(7) The said Committee has also noted that adverse reactions,to food additives may occur and that the avoidance,of food additives is often difficult since not all of them,are invariably included on the labelling.,(8) It is necessary to provide that additives, processing aids,and other substances with allergenic effect covered by,Article 6(4)(a) of Directive 2000/13/EC are subject to,labelling rules, to give appropriate information to consumers,suffering from food allergy.,(9) Even if labelling, which is intended for consumers in,general, is not to be regarded as the only medium of,information acting as substitute for the medical establishment,it is nevertheless advisable to assist consumers,who have allergies or intolerances as much as possible,by providing them with more comprehensive information,on the composition of foodstuffs.,(10) The list of allergenic substances should include those,foodstuffs, ingredients and other substances recognised,as causing hypersensitivity.,(11) In order to provide all consumers with better information,and to protect the health of certain consumers, it,should be made obligatory to include in the list of ingredients,all ingredients and other substances present in the,foodstuff. In the case of alcoholic beverages, it should be,mandatory to include in the labelling all ingredients with,allergenic effect present in the beverage concerned.,(12) In order to take account of the technical constraints,involved in the manufacture of foodstuffs, it is necessary,to authorise greater flexibility with regard to the listing,of ingredients and other substances used in very small,quantities.,25.11.2003 EN Official Journal of the European Union L 308/15,(1) OJ C 332 E, 27.11.2001, p. 257 and OJ C 331 E, 31.12.2002, p.,188.,(2) OJ C 80, 3.4.2002, p. 35.,(3) Opinion of the European Parliament of 11 June 2002 (not yet,published in the Official Journal), Council Common Position of 20,February 2003 (OJ C 102 E, 29.4.2003, p. 16) and Position of the,European Parliament of 2 July 2003 (not yet published in the Official,Journal). Council Decision of 22 September 2003.,(4) OJ L 109, 6.5.2000, p. 29. Directive as amended by Commission,Directive 2001/101/EC (OJ L 310, 28.11.2001, p. 19).,(5) OJ L 237, 28.8.1997, p. 18. Decision as amended by Decision,2000/443/EC (OJ L 179, 18.7.2000, p. 13).,(13) In order to keep up with the development of scientific,knowledge and progress as regards technological means,of removing the allergenicity in ingredients and other,substances and in order to protect consumers against,new food allergens and avoid unnecessary obligations on,labelling, it is importa……

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