30. 6. 89 Official Journal of the European Communities No L 186/21 COUNCIL DIRECTIVE of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (89/396/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in -particular Article 100a thereof, Having regard to the proposal from the Commission (1),. In cooperation with the European Parliament (2}, Having regard to the opinion of the Economic and Social -Committee (3), Whereas it is necessary to adopt measures with the aim of progressively establishing the internal market over the period expiring on 31 December 1992; whereas the internal market comprises an drea without internal frontiers in which the free movement - of goods, persons, services and capital is ensured; Whereas trade in foodstuffs occupies a very important place in the internal market; Whereas indication of the lot to which a foodstuff belongs meets the need for better information on the identity. of products; whereas it is therefore a useful: source of information -when foodstuffs are the subject of dispute or constitute a health hazard for consumers; Whereas 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 (*), as last amended by Directive 89/395/EEC (), contains no provisions on indication of lot identification; whereas some Member States have meanwhile adopted national measures requiring such indication; Whereas at international level there is now a general obligation to-provide a reference-to the manufacturing or packaging lot of prepackaged foodstuffs; whéreas it is the Community’s -duty to contribute to the development of international trade; Whereas it is therefore advisable to adopt rules of a general and horizontal nature in order to extablish a common lot identification system; (1) OJ No C 310, 20. 11. 1987, p. 2. (3) O] No C 167, 27. 6. 1988, p. 425, and O] No C 120, 16. 5. 1989. (3) OJ No C 95, 11. 4. 1988, p. 1. (*) O] No L 33, 8. 2. 1979, p. 1. (%) See page 17 of this Official Journal. Whereas the efficiency of this system depends on. its application at the various marketing stages; whereas it is nevertheless desirable to exclude certain products and operations in particular those taking place at the start of the distribution network for agricultural products; Whereas the concept of a lot implies that several sales units of a foodstuff have almost identical production, manufacture or packaging characteristics; whereas that concept therefore could not apply to bulk products or products which, owing . to their individual specificity or heterogeneous nature; could not-be considered as forming a homogeneous batch; . Whereas, in view of the variety of identification methods used, it is up to the trader to determine the lot and to affix the corresponding indication or mark; Whereas, in order to satisfy the information requirements for which . it is intended, this indication’ must be clearly distinguishable and recognizable as such; Whereas the date of minimum durability or ‘use by’ date, may, in conformity with Directive 79/112/EEC, serve as the lot identification, provided it is indicated precisely, HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive concerns the indication which allows identification of the lot to which a foodstuff belongs. 2.  Forthe purposes of this Directive, “lot’ means a batch of sales units of a foodstuff produced, manufactured or packaged under practically the same conditions. Article 2 1. A foodstuff may not -be marketed unless it is accompanied by an indication as referred to in Article 1 (1). 2.  However, paragraph 1 shall not apply: (a) to agricultural products which, on leaving the holding are: <