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16.12.2011 Official
Journal
of
the
European
Union
L
334/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/91/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
on indications or marks identifying the lot to which a foodstuff belongs
(codification)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) Indication
of
the
lot
to
which
a
foodstuff
belongs
meets
EUROPEAN UNION,
the need for better information on the identity of
products. It is therefore a useful source of information
when foodstuffs are the subject of dispute or constitute a
Having regard to the Treaty on the Functioning of the European
health hazard for consumers.
Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
(5) 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,
After transmission of the draft legislative act to the national
presentation and advertising of foodstuffs ( 5 ) contains no
parliaments,
provisions on indication of lot identification.
Having regard to the opinion of the European Economic and
Social Committee (
(6)
At international level there is a general obligation to

1 ),
provide a reference to the manufacturing or packaging
lot of prepackaged foodstuffs. It is the duty of the Union
Acting in accordance with the ordinary legislative procedure (
to contribute to the development of international trade.

2 ),
Whereas:
(7) It
is
therefore
advisable
to
provide
for
rules
of
a
general
and horizontal nature in order to manage a common lot
identification system.
(1) Council
Directive
89/396/EEC
of
14
June
1989
on
indi
cations or marks identifying the lot to which a foodstuff
belongs ( 3 ) has been substantially amended several
times ( 4 ). In the interests of clarity and rationality that
(8) The
efficiency
of
that
system
depends
on
its
application
Directive should be codified.
at the various marketing stages. It is nevertheless
desirable to exclude certain products and operations, in
particular those taking place at the start of the
(2) The
internal
market
comprises
an
area
without
internal
distribution network for agricultural products.
frontiers in which the free movement of goods, persons,
services and capital is ensured.
(9) It
is
necessary
to
take
account
of
the
fact
that
the
(3) Trade
in
foodstuffs
occupies
a
very
important
place
in
immediate consumption upon purchase of certain
the internal market.
foodstuffs such as ice cream in individual portions
means that indicating the lot directly on the individual
( 1 ) OJ C 54, 19.2.2011, p. 34.
packaging would serve no useful purpose. However, it
( 2 ) Position of the European Parliament of 11 May 2011 (not yet
should be compulsory in the case of those products to
published in the Official Journal) and decision of the Council of
indicate the lot on the combined package.
8 November 2011.
( 3 ) OJ L 186, 30.6.1989, p. 21.
( 4 ) See Annex I, Part A.
( 5 ) OJ L 109, 6.5.2000, p. 29.

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L 334/2
EN
Official Journal of the European Union
16.12.2011
(10) The
concept
of
a
lot
implies
that
several
sales
units
of
a
(c) to packagings or containers the largest side of which has an
foodstuff have almost identical production, manufacture
area of less than 10 cm 2 ;
or packaging characteristics. That concept should,
therefore, not apply to bulk products or products
which, owing to their individual specificity or hetero
(d) to individual portions of ice cream. The indication enabling
geneous nature, cannot be considered as forming a
the lot to be identified shall appear on the combined
homogeneous batch.
package.
(11) In view of the variety of identification methods used, it
should be up to the trader to determine the lot and to
Article 3
affix the corresponding indication or mark.
The lot shall be determined in each case by the producer, manu
facturer or packager of the foodstuff in question, or the first
seller established within the Union.
(12) In
order
to
satisfy
the
information
requirements
for
which it is intended, that indication should be clearly
distinguishable and recognisable as such.
The indication referred to in Article 1(1) shall be determined
and affixed under the responsibility of one or other of those
(13) The
date
of
minimum
durability
or
‘use
by’
date,
may,
in
operators. It shall be preceded by the letter ‘L’ except in cases
conformity with Directive 2000/13/EC, serve as the lot
where it is clearly distinguishable from the other indications on
identification, provided it is indicated precisely.
the label.
(14) This
Directive
should
be
without
prejudice
to
the
obli
Article 4
gations of the Member States relating to the time limits
for transposition into national law of the Directives set
When the foodstuffs are prepackaged, the indication referred to
out in Annex I, Part B,
in Article 1(1) and, where appropriate, the letter ‘L’ shall appear
on the prepackaging or on a label attached thereto.
HAVE ADOPTED THIS DIRECTIVE:
When the foodstuffs are not prepackaged, the indication
Article 1
referred to in Article 1(1) and, where appropriate, the letter
‘L’ shall appear on the packaging or on the container or,
1. This
Directive
concerns
the
indication
which
allows
identi
failing that, on the relevant commercial documents.
fication of the lot to which a foodstuff belongs.
It shall in all cases appear in such a way as to be easily visible,
2. For
the
purposes
of
this
Directive,
‘lot’
means
a
batch
of clearly legible and indelible.
sales units of a foodstuff produced, manufactured or packaged
under practically the same conditions.
Article 5
Article 2
When the date of minimum durability or ‘use by’ date appears
1. A
foodstuff
may
not
be
marketed
unless
it
is
accompanied on the label, the indication referred to in Article 1(1) need not
by an indication as referred to in Article 1(1).
appear on the foodstuff, provided that the date consists at least
of the uncoded indication of the day and the month in that
order.
2. Paragraph
1
shall
not
apply:
(a) to agricultural products which, on leaving the holding, are:
Article 6
This Directive shall apply without prejudice to the indications
laid down by specific provisions of the Union.
(i) sold or delivered to temporary storage, preparation or
packaging stations;
The Commission shall publish and keep up to date a list of the
(ii) transported to producers’ organisations; or
provisions in question.
(iii) collected for immediate integration into an operational
Article 7
preparation or processing system;
Directive 89/396/EEC, as amended by the Directives listed in
Annex I, Part A, is repealed, without prejudice to the obligations
(b) when, at the point of sale to the ultimate consumer, the
of the Member States relating to the time limits for trans
foodstuffs are not prepackaged, are packaged at the request
position into national law of the Directives set out in Annex
of the purchaser or are prepackaged for immediate sale;
I, Part B.

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EN
16.12.2011 Official
Journal
of
the
European
Union
L
334/3
References to the repealed Directive shall be construed as references to this Directive and shall be read in
accordance with the correlation table in Annex II.
Article 8
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.
Article 9
This Directive is addressed to the Member States.
Done at Strasbourg, 13 December 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. SZPUNAR

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L 334/4
EN
Official Journal of the European Union
16.12.2011
ANNEX I
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 7)
Council Directive 89/396/EEC (OJ
L
186,
30.6.1989,
p.
21)
Council Directive 91/238/EEC (OJ
L
107,
27.4.1991,
p.
50)
Council Directive 92/11/EEC (OJ
L
65,
11.3.1992,
p.
32)
PART B
List of time limits for transposition into national law
(referred to in Article 7)
Directive Time
limit
for
transposition
89/396/EEC 20
June
1990
(*)
91/238/EEC
—
92/11/EEC
—
(*) In accordance with the first paragraph of Article 7 of Directive 89/396/EEC, as amended by Directive 92/11/EEC:
‘Member States shall, where necessary, amend their laws, regulations or administrative provisions so as to:
— authorise trade in products complying with this Directive by not later than 20 June 1990,
— prohibit trade in products not complying with this Directive with effect from 1 July 1992. However, trade in products placed on
the market or labelled before that date and not conforming with this Directive may continue until stocks run out.’.

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EN
16.12.2011 Official
Journal
of
the
European
Union
L
334/5
ANNEX II
Correlation table
Directive 89/396/EEC This
Directive
Article 1 Article
1
Article 2(1) and (2) Article
2(1)
and
(2)
Article 2(3)
—
Articles 3 to 6 Articles
3
to
6
Article 7
—
— Article
7
— Article
8
Article 8 Article
9
— Annex
I
— Annex
II

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