30. 6. 89 Official Journal of the European Communities - No L 186/17 - COUNCIL DIRECTIVE of 14 June 1989 amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (89/395/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic: Community, -and " in particular Article 100a therof, ' 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 (%), Whereas Council Directive 79/112/EEC (4), as last amended by Directive 86/197/EEC (5), makes provision for national derogations in a number of cases; Whereas, with the dual aim of completing the internal market and providing improved information for - all consumers in the Community, those derogations should be eliminated; Whereas, in particular, experience acquired since the adoption of Directive 79/112/EEC enables it to be made applicable to restaurants, hospitals, canteens and other similar mass caterers throughout the Community; Whereas the date of minimum durability has proved its worth; whereas, however, in the interests of a better protection of public health a stricter system of dating should be used in preference thereto in the case of foodstuffs which, from the microbiological point of view, are highly perishable and whereas in doubtful cases a Community procedure should be laid down; Whereas. this Directive is concerned- only with labelling, presentation and-advertising and not with the question of allowing or banning irradiation of foodstuffs or ingredients thereof; Whereas, however, without prejudice to a decision on substance at Community level, the consumer’s right to be - informed of any irradiation treatment undergone by:a (') OJNoC124,28.5.1986,p.5,and OJ NoC 154,12. 6. 1987, p. 10. (2) O] No C 99, 13. 4. 1987, p. 65, and O] No C 120, 16. 5. 1989. (*) OJ No C 328, 22. 12. 1986, p. 27. () OF NoL 33,8.2.1979,p. 1. (5) O] No L 144, 29. 5. 1986, p. 38. - foodstuff, where such treatment is allowed, must already be acknowledged; whereas to that end it should be specified that any foodstuff which has undergone such treatment must bear . a corresponding indication; whereas, however, specific provisions concerning compoeund foodstuffs containing an ingredient previously treated with ionizing radiation will not be adopted until rules are adopted on irradiation treatment itself; - Whereas with a view to facilitating trade between Member States, it may be provided that, at stages prior to sale to the ultimate consumer, only information on the essential elements should appear on the outer packaging and whereas certain mandatory particulars that must appear on a prepackaged foodstuff need appear only on commercial documents referring thereto; Whereas in all cases where the Council empowers the Commission to implement rules relating to foodstuffs intended for human consumption, provision should be made - for a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee for Foodstuffs, set up by Decision - 69/414/EEC (¢), : HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 79/112/EEC is hereby amended as follows: 1. The title of the Directive shall be replaced by the following: ‘Council Directive of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs’, 2. Article 1 (2) shall be replaced by the following: 2. This Directive shall apply also-to foodstuffs intended for supply to restaurants, hospitals, canteens and other similar mass caterers (hereinafter referred to as “mass caterers”).’ 3. In Article 1 (3) (b), ‘to the ultimate consumer’ shall be replaced by ‘to the ultimate consumer and to mass caterers’. (%) OJ No L 291, 19. 11. 1969, p. 9.