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16.11.2013 Official
Journal
of
the
European
Union
L
306/7
COMMISSION DELEGATED REGULATION (EU) No 1155/2013
of 21 August 2013
amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the
provision of food information to consumers as regards information on the absence or reduced
presence of gluten in food
THE EUROPEAN COMMISSION,
(5) Commission
Regulation
(EC)
No
41/2009
( 2 ) sets out
harmonised rules on the information that is provided
Having regard to the Treaty on the Functioning of the European
to consumers on the absence or reduced presence of
Union,
gluten in food. Regulation (EU) No 609/2013 of the
European Parliament and of the Council ( 3 ) foresees the
Having regard to Regulation (EU) No 1169/2011 of the
repeal of Regulation (EC) No 41/2009 from 20 July
European Parliament and of the Council of 25 October 2011
2016.
on the provision of food information to consumers ( 1 ), and in
particular Article 36(4) thereof,
(6) Consumers
should
continue
to
be
appropriately
informed
and not misled or confused when information on the
Whereas:
absence or reduced presence of gluten in foods is
provided by food business operators after the repeal of
(1) Paragraph 2 of Article 36 of Regulation (EU) No
Regulation (EC) No 41/2009. It is therefore necessary to
1169/2011 requires that information that may be
amend paragraph 3 of Article 36 of Regulation (EU) No
provided by food business operators does not mislead
1169/2011 in order to allow the Commission to
the consumer, is not ambiguous or confusing for the
establish uniform conditions for food information on
consumer and, where appropriate, is based on the
the absence or reduced presence of gluten in food that
relevant scientific data.
may be provided by food business operators,
(2) According
to
paragraph
3
of
that
Article
the
Commission HAS ADOPTED THIS REGULATION:
is to adopt implementing acts on the application of those
requirements to the cases identified in that paragraph.
Article 1
In the first subparagraph of Article 36(3) of Regulation (EU) No
(3) Paragraph
4
of
that
Article
provides
for
the
possibility
to
supplement paragraph 3 by adding other specific cases in
1169/2011, the following point (d) is added:
which the Commission is to implement those
‘(d) information on the absence or reduced presence of
requirements in order to ensure that consumers are
gluten in food.’
appropriately informed.
Article 2
(4) People
with
coeliac
disease
suffer
from
a
permanent
intolerance to gluten. Gluten can cause adverse effects
This Regulation shall enter into force on the twentieth day
to those people and therefore it should be absent or
following that of its publication in the Official Journal of the
present in very low amounts in their diet.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 August 2013.
For the Commission
The President
José Manuel BARROSO
( 2 ) Commission Regulation (EC) No 41/2009 of 20 January 2009
concerning the composition and labelling of foodstuffs suitable for
people intolerant to gluten (OJ L 16, 21.1.2009, p. 3).
( 3 ) Regulation (EU) No 609/2013 of the European Parliament and of
the Council of 12 June 2013 on food intended for infants and
young children, food for special medical purposes, and total diet
replacement for weight control and repealing Council Directive
92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC,
2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the
European Parliament and of the Council and Commission Regu
lations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181,
( 1 ) OJ L 304, 22.11.2011, p. 18.
29.6.2013, p. 35).

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