The European Spirits Organisation

Regulation on the provision of food information to consumers

Background and timeline

The Commission proposal for a Regulation on the provision of food information to consumers was adopted on 30 January 2008 starting the beginning of the co-decision procedure (agreement on the text by both the European Parliament and Council).

Due to lack of agreement between the Parliament's first reading position and the Council common position a second reading was necessary. The Council went on to adopt its common position in February 2011 which was submitted to the Parliament. In July 2011, the Parliament adopted its second reading position on the proposed legislation.

The text was then endorsed by the Council as amended and the Regulation (EU) No 1169/2011 was published in the EU Official Journal on 22 November 2011. It enters into force twenty days following the publication (12 December 2011). 

The Regulation establishes a legal framework to regulate information appearing on food stuffs and alcoholic beverages and aims to provide consumers with clear, legible and understandable information so that they can make informed choices and once in force replaces Directive 200/13/EC.

Main elements of the new regulation

• Exemptions from ingredient listing and nutritional labelling for alcoholic beverages
  
  The main innovation is that, without prejudice to other EU provisions, ingredient listing and nutritional labelling, which are mandatory for most foodstuffs, will not be mandatory for beverages containing more than 1,2 % by volume of alcohol. However, by 3 years after the entry into force (around January 2015), the Commission must produce a report concerning the application of ingredient listing and nutritional labelling for these beverages. It should also address whether alcoholic beverages should in future be covered, in particular, by the requirement to provide the information on the energy value and the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant EU policies (e.g. alcohol-related harm policy). 
  
  
• Application of ingredient listing and nutritional labelling
  
  The Commission is invited to further analyse the situation concerning the information to be provided on alcoholic beverages specifically in consistency with with the resolution of the European Parliament of 5 September 2007 on a European Union strategy to support Member States in reducing alcohol-related harm, the opinion of the European Economic and Social Committee, the work of the Commission, and the general public concern about alcohol-related harm especially to young and vulnerable consumers. The Commission, after consultation with stakeholders and the Member States, should also consider the need for a definition of beverages such as "alcopops", which are specifically targeted at young people. If appropriate, the report should be accompanied by a legislative proposal determining the rules for a list of ingredients or a mandatory nutrition declaration for those products.

• Voluntary nutritional declaration
  
  The possibility should be given to only declare limited elements of the nutrition declaration (e.g. energy only) in order to encourage food business operators to provide the information contained in the nutrition declaration for foods like alcoholic beverages (exempted foods) on a voluntary basis.

• Origin labelling
  
  The mandatory indication of the country of origin or place of provenance - where failure to indicate it might mislead the consumer as to the true country of origin or place of provenance, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance - has been maintained. 
  
  However, this rule is now complemented by a new rule: when the country of origin or the place of provenance of a food is given (on a voluntary basis) it is not the same as that of its primary ingredient, the country of origin or place of provenance of the primary ingredient in question shall also be given or it shall be indicated as being different to that of the food. The application of this paragraph is however subject to adoption of the implementing acts by (within 2 years after the entry into force of the Regulation - around January 2014) following the respective impact assessments. ("primary ingredient" is defined as an ingredient or ingredients of a food that represent more than 50% of that food or which are usually associated with the name of the food by the consumer and for which in most cases a quantitative indication is required.
  
  The origin labelling provisions apply without prejudice to other EU rules regarding geographical indications. 

Our position

The European Spirits Organisation - CEPS has always communicated the willingness of its members to provide relevant information to their consumers to enable them to make healthier lifestyle choices. This type of information can be provided by means other than an indication on the label and we maintain any labelling requirement should be limited to information that is essential and useful to the consumer and which cannot be communicated in other ways.

Our longstanding position on consumer information is guided by the following three principles:

Any information to be provided should be relevant and understandable to consumers;Any new requirements should cause minimum disruption to the EU internal market and cost to producers;Any new requirements should apply equally to all alcoholic beverages.

Application of the Regulation

The Regulation will apply from 3 years after the entry into force (around January 2015), with the exception of the mandatory nutritional declaration (point (l) of Article 9(1)), which shall apply from 5 years after the entry into force (around January 2017).

Specific timeframes have been set for ingredient listing and nutritional labeling with regards to alcoholic beverages and for origin labeling (please see above "main elements of the regulation").

The new Regulation is be binding in its entirety and directly applicable in all Member States and applies to food business operators at all stages of the food chain, where their activities concern the provision of food information to consumers, including foods intended for supply to mass caterers. However, this is without prejudice to labelling requirements provided for in specific Union provisions applicable to particular foods (article 1).

More information and links:

Commission: proposal for a Regulation on the provision of food information to consumers.

Parliament: first reading position, adopted position. 

Council: common position  and adopted its common position.

Official Journal L 304/1: Publication of Regulation (EU) No 1169/2011. 

Directive 200/13/EC .

Last updated 23 November 2011.