1999/631/EC: Commission Decision of 10 September 1999 concerning a draft law of the Italian Republic on additional provisions for the labelling of beverages in ring-pull cans (notified under document number C(1999) 2897) (Text with EEA relevance) (Only the Italian text is authentic) Official Journal L 248 , 21/09/1999 P. 0037 - 0038 COMMISSION DECISION of 10 September 1999 concerning a draft law of the Italian Republic on additional provisions for the labelling of beverages in ring-pull cans (notified under document number C(1999) 2897) (Only the Italian text is authentic) (Text with EEA relevance) (1999/631/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(1), as last amended by Directive 97/4/EC of the European Parliament and of the Council(2), and in particular Articles 16 and 17 thereof, (1) Whereas, in accordance with the procedure laid down in Article 16(2) of Directive 79/112/EEC, the Italian authorities have notified the Commission of a draft law on additional provisions for the labelling of beverages in ring-pull cans;
(2) Whereas the said draft law requires the labelling of such beverages to carry an indication of the type "clean top of can before opening and avoid drinking directly from can"; (3) Whereas, in accordance with Article 16(2) of Directive 79/112/EEC, the Commission has consulted the other Member States within the Standing Committee on Foodstuffs; (4) Whereas the hygiene measures advocated by the Italian authorities for using this type of packaging are not in question; (5) Whereas, however, foodstuffs labelling is often not the most appropriate way of educating consumers in food hygiene; (6) Whereas a more appropriate measure, constituting less of an obstacle to the free movement of the beverages in question, would be information campaigns to raise the awareness of consumers; particularly young consumers, regarding hygiene precautions to be taken when using this type of can;
(7) Whereas the requirements of the notified draft law therefore appear excessive in relation to the objective in hand; (8) Whereas this finding has prompted the Commission to deliver a negative opinion, in accordance with the second subparagraph of Article 16(2) of Directive 79/112/EEC; (9) Whereas for the Italian authorities to impose such an obligation unilaterally would create new barriers to the free movement of foodstuffs; (10) Whereas the Italian authorities should therefore be asked not to adopt this draft law; (11) Whereas the measures laid down in this Decision are in accordance with the opinion of the Standing Committee on Foodstuffs, HAS ADOPTED THIS DECISION:
Article 1 Italy is required not to adopt its draft law on additional provisions for the labelling of beverages in ring-pull cans. Article 2 This Decision is addressed to the Italian Republic. Done at Brussels, 10 September 1999. For the Commission Karel VAN MIERT Member of the Commission (1) OJ L 33, 8.2.1979, p. 1. (2) OJ L 43, 14.2.1997, p. 21.