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Article 54 Para 1 – transitional measures related to Regulation (EC) No. 1169/2011 on provision of information on foodstuffs to consumers

09/19/2014
 
Description of the situation
Until 13. 12. 2014, general food labelling requirements were laid down in particular by Act No. 110/1997 Coll. on Foodstuffs and Tobacco products, as amended and by Decree No. 113/2005 Coll. on the Method of Labelling of Food and Tobacco Products, as amended. Since 13. 12. 2014, with few exceptions[1], Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (hereinafter “Regulation (EC) No. 1169/2011” only) shall apply. Compared to the previous legislation, this Regulation provides for certain new requirements related to food labelling. The Regulation provides for a transitional period in order food business operators were able to adjust labelling of their products to the new requirements laid down by this Regulation.
Question:
Does the transitional measure of Article 54 of Regulation (EC) No. 1169/2011 enable to place on the market after 13. 12. 2014 foodstuffs that were not labelled in compliance with requirements of this Regulation?
Answer:
Yes, transitional measure of Art. 54 of Regulation (EC) No. 1169/2011 is laid down as food business operators could adjust labelling of their products to new requirements laid down by this Regulation [2]. When food information law establishes new requirements, a transitional period after the entry into force of the new requirements shall be granted, except in duly justified cases. During such transitional period, foods bearing labels not complying with the new requirements may be placed on the market, and stocks of such foods that have been placed on the market before the end of the transitional period may continue to be sold until exhausted” (Article 3 Para 3).. In its part “General objectives”, Regulation EC (EC) No. 1169/2011 provides for that
Namely, the transitional measure is laid down by Article 54 (EC) No. 1169/2011. Para 1 of this Article provides for the general rule that „Foods placed on the market or labelled prior to 13 December 2014 which do not comply with the requirements of this Regulation may be marketed until the stocks of the foods are exhausted“. This clarifies that after 13. 12. 2014 foodstuffs failing to comply with requirements of this Regulation can be placed on the market, however, they must be foodstuffs which:
  • were placed on the market or labelled prior 13. 12. 2014, and which
  • comply with requirements of legislation applicable in the time when they were placed on the market or labelled

With regard to the facts mentioned above, Regulation (EC) No. 1169/2011 does not impede the sale of foodstuffs placed on the market or labelled prior 13. 12. 2014 if were they labelled in compliance with legislation applicable in the time of labelling (placing on the market).
However, regarding the application of this exception, it shall be ascertained that foodstuffs that fail to comply with requirements of Regulation (EU No. 1169/2011 were placed on the market or labelled prior 13. 12. 2014.


[1] See Art. 55 of Regulation (EC) No. 1169/2011
[2] See Art. 55 of Preamble of Regulation (EC) No. 1169/2011