EN    EN EN EN    EN  EUROPEAN COMMISSION 
Brussels, 21.9.2010 
COM(2010) 490 final 
2010/0254 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Council Directive 2001/112/EC relatin g to fruit juices and certain similar 
products intended for human consumption EN 2   EN EXPLANATORY MEMORANDUM  
Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain 
similar products intended for human consump tion lays down rules governing the composition, 
use of reserved descriptions, manufacturing specifications and labe lling of the products 
concerned, in order to ensure their free  movement within the European Union. 
Commission Directive 2009/ 106/EC of 14 August 20091 is the first amendment to Directive 
2001/112/EC. It introduces minimum Brix va lues (soluble dry matter content) for 
18 reconstituted fruit juices and reconstituted fruit purées and specifies the sales name to be used for fruit juice from concentrate. This am endment of the directive is based on revised 
international standards, in particular the C odex Alimentarius for fruit juices and nectars 
(Codex Stan 247-2005) and the Code of Practice of the European Fru it Juice Association 
(AIJN). 
The present draft directive, a Directive of th e Parliament and of th e Council, is the second 
measure amending Directive 2001/112/EC and is  aimed at incorporating more of the 
provisions of the Codex Alimentarius standard, while also taking account of the AIJN Code of 
Practice. This draft directive, which is technical in nature, reaffirms the distinction between 
fruit juice and fruit juice from concentrate, simplifies the provisions on the restitution of flavour and aroma, provides for the removal of sugar from the list of authorised ingredients 
and includes tomatoes in the list of fruits used for fruit juice production. 
The European Union's fruit juice market repr esents 10% of the total consumption of non-
alcoholic drinks. With regard to the segmentati on of this market, the pr oduction of fruit juice 
from concentrate is predominan t as compared to juice produced  directly (respectively 87.6% 
and 12.4%). At the level of the world fruit juic e market, the only produc t in which there is 
significant trade is fruit and fruit juice concen trate (especially orange  juice), which for the 
most part comes from Brazil. As for juice pro duced directly, the countries of the European 
Union are essentially supplied by the Sp anish market and also from Brazil. 
The proposed Directive has no impact on the budget of the European Union. 
This proposed directive will follow the ordina ry legislative procedure provided for by the 
Treaty on the Functioning of the European Uni on. It will take account, as of now, of the 
redefinition of the competences of the Commission (Articles 290/291 of the Treaty).
 
Consequently, it will amend Articles 7 and 8 of the current directive by including all 
implementing measures in the category of delegated acts. 
                                                 
1 OJ L 212, 15.8.2009, p. 42. EN 3   EN 2010/0254 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Council Directive 2001/112/EC relating to fruit juices and certain similar 
products intended for human consumption 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 43(2) thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
2, 
Having regard to the opinion of  the Committee of the Regions3, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) In order to enhance the free movement of fruit juices and certa in similar products 
within the European Union, Council Directive 2001/112/EC of 20 December 2001 
relating to fruit juices a nd certain similar products intended for human consumption
4 
has laid down specific provisions regard ing production, compositi on and labelling of 
the products concerned. Those rules shoul d be adapted to technical progress and 
should take account of developments in releva nt international standa rds, in particular 
the Codex Standard for fruit juices a nd nectars (Codex Stan 247-2005) which was 
adopted by the Codex Alimentarius Comm ission during its 28th session on 4-9 July 
2005 and the Code of Practice of the Eur opean Fruit Juice Association (AIJN). 
(2) The above Codex Standard establishes in particular quality factors and labelling 
requirements for fruit juices and similar products. The AIJN Code of Practice also 
establishes quality factors for fruit juice from  concentrate and is internationally used as 
a reference standard for self-regulation in the fruit juice industry. Directive 
2001/112/EC should be brought into line, as fa r as possible, with those standards. 
(3) Directive 2000/13/EC of the European Parliament and of the Council of 20 March 
2000 on the approximation of the laws of the Me mber States relating to the labelling, 
                                                 
2 OJ C […], […], p. […]. 
3 OJ C […], […], p. […]. 
4 OJ L 10, 12.1.2002, p. 58. EN 4   EN presentation and advertising of foodstuffs5, and in particular Article 7(2) and (5) 
thereof, should apply subject to certain condi tions. It should be cl early indicated when 
a product is a mixture of fruit juice and fr uit juice from concentrate, and, for fruit 
nectar, when it is obtained entirely or part ly from a concentrated product. The list of 
ingredients in the labelling should bear th e names of both the fruit juices and fruit 
juices from concentrate used. 
(4) The Commission should be empowered to ad opt delegated acts in accordance with 
Article 290 of the Treaty  on the Functioning of the Europe an Union in respect of the 
adaptation of the non-essent ial elements of Directiv e 2001/112/EC to technical 
progress and last developments in relevant international standard s. The delegation of 
powers should be explicitly defined. 
(5) Directive 2001/112/EC should be amended accordingly, 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
 
Amendment of Directive 2001/112/EC   
Directive 2001/112/EC is amended as follows:  
(1) In Article 3, paragraphs 3 a nd 4 are replaced by the following: 
"3. For products manufactured from two or more fruits, except where lemon and lime 
juice are used under the conditions laid dow n in Part II.2 of Annex I, the product 
names shall be supplemented by a list of the fruits used, in descending order of the volume of the fruit juices or purées included. However,  in the case of products 
manufactured from three or more fruits, the indication of the fruits used may be 
replaced by the words "several fruits" or a similar wording, or by the number of fruits 
used. 
4. Nectars and specific products  of Annex III may be sw eetened by the addition of 
sugars or honey. The sales name shall incl ude the word ‘sweetened’ or ‘with added 
sugar’, followed by an indication of the maximum quantity of sugar added, 
calculated as dry matter and e xpressed in grams per litre." 
(2) Article 4 is replaced by the following: 
"Article 4 
The labelling of concentrated fruit juice refe rred to in Annex I, Part I, point 2, not 
intended for delivery to the final consumer , shall bear a reference indicating the 
presence and quantity of added lemon juice, lime juice or acidifying agents permitted by Regulation (EC) No 1333/2008 of the Europe an Parliament and of the Council of 
16 December 2008 on food additives*. This refe rence shall appear on the packaging, 
on a label attached to the packaging or on an accompanying document. 
                                                
 
5 OJ L 124, 25.5.2000, p. 66. EN 5   EN * OJ L 354, 31.12.2008, p. 16. " 
(3) Article 7 is replaced by the following: 
"Article 7 
In order to bring this Directive in line w ith the technical progress and to take account 
of developments in releva nt international standards,  the Commission may by means 
of delegated acts adapt the Annexes, except of  Part I of Annex I, and of Annex II.  
Where delegated powers are conferred upon the Commission, it shall act in 
accordance with the procedure set out in Article 7 a." 
(4) The following Article 7 a is inserted: 
"Article 7a 
1. The powers to adopt the delegated acts re ferred to in this Directive shall be 
conferred on the Commission for an indeterminate period of time. 
As soon as it adopts a delegated act, the Commission shall notify it 
simultaneously to the European Parliament and to the Council. 
2. The delegation of power referred to in paragraph 1 may be revoked at any 
time by the European Parliament or by the Council.  
The institution which has commenced an  internal procedure for deciding 
whether to revoke the delegation of power s shall endeavour to inform the other 
institution and the Commission within a reasonable time before the final 
decision is taken, indicating the delega ted powers which could be subject to 
revocation and possible r easons for a revocation. 
The decision of revocation shall put an  end to the delegation of the powers 
specified in that decision. It shall take effect immediately or at a later date 
specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the Official Journal of the European Union . 
3. The European Parliament or the Counc il may object to a delegated act within 
a period of two months from the date of  notification. At the initiative of the 
European Parliament or the Council this period shall be extended by one 
month. 
If, on expiry of that period, neither th e European Parliament nor the Council 
has objected to the delegated act it shall be published in the Official Journal of 
the European Union  and shall enter into force at the date stated therein. 
The delegated act may be published in the Official Journal of the European 
Union  and enter into force before the expi ry of that period if the European 
Parliament and the Council have bot h informed the Commission of their 
intention not to raise objections. EN 6   EN If the European Parliament or the Council objects to a delegated act, it shall not 
enter into force. The institution whic h objects shall state the reasons for 
objecting to the delegated act." 
(5) Article 8 is repealed. (6) The Annexes are replaced by the text se t out in the Annex to this Directive. 
Article 2 
 
Transposition  
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive18 months following its entry into 
force at the latest. They shall forthwith communicate to the Co mmission the text of 
those provisions and a correlation table betw een those provisions and this Directive. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
 
Entry into force  
This Directive shall enter into force on the seve nth day following that of its publication in the 
Official Journal of the European Union . 
Article 4 
 
Addressees  
This Directive is addressed to the Member States. 
Done, […] 
For the European Parliament For the Council 
The President The President […] […] EN 7   EN ANNEX 
 
"ANNEX I  
PRODUCT NAMES, DEFINITIONS OF  PRODUCTS AND CH ARACTERISTICS 
I DEFINITIONS 
1. a) Fruit juice 
The fermentable but unfermented product obta ined from the edible part of fruit 
which is sound and ripe, fresh or preserve d by chilling or freezing of one or more 
kinds mixed together having the characteristi c colour, flavour and taste typical of the 
juice of the fruit from which it comes. 
Flavour, pulp, and cells obtained by suitable physical means from the same species 
of fruit may be restored to the juice.  
In the case of citrus  fruits, the fruit juic e must come from the endocarp. Lime juice, 
however, may be obtained from the whole fruit. 
Some juices may be processed from fruits  with pips, seeds and peel, which are not 
usually incorporated in the juice; howeve r parts or components of pips, seeds and 
peel, which cannot be removed by good ma nufacturing practices are accepted. 
The mixing of fruit juice with fruit purée is authorised in the production of the fruit 
juice. 
 b) Fruit juice from concentrate 
The product obtained by reconstituting concen trated fruit juice defined in Part I.2 
with potable water that meets the crit eria of Council Directive 98/83/EC of 
3 November 1998 on the quality of wate r intended for human consumption*. 
The solids content of the finished product shall meet the minimum Brix level for 
reconstituted juice sp ecified in Annex V. 
If a juice from concentrate is manufactured from a fruit not mentioned in Annex V, 
the minimum Brix level of the reconstituted ju ice shall be the Brix level of the juice 
as extracted from the fruit used to make the concentrate. 
In respect of blackcurrant, guava, mango a nd passion fruit, the minimum Brix degree 
values only apply to reconstituted fruit juic e and reconstituted fruit purée produced in 
the European Union. 
Flavour, pulp and cells obtained by suitable physical means from the same species of 
fruit may be restored to the juice. 
The juice is prepared by suitable processe s, which maintain the essential physical, 
chemical, organoleptical and nutritional character istics of an average type of juice of 
the fruit from which it comes. EN 8   EN The mixing of fruit juice and/ or concentrated fruit juice with fruit purée and/or 
concentrated fruit purée is authorised  in the production of fruit juice from 
concentrate. 
2. Concentrated fruit juice 
The product obtained from fruit juice of one or more species by the physical removal 
of a specific proportion of the water content. Where the prod uct is intended for direct 
consumption, that removal sh all be of at least 50%. 
Flavour, pulp and cells obtained by suitable physical means from the same species of 
fruit may be restored to the fruit juice concentrates.  
3. Water extracted fruit juice  
The product obtained by diffusion with water of: 
– pulpy whole fruit whose juice cannot be extracted by any physical means, or 
– dehydrated whole fruit. 
Such products may be concentrated and reconstituted. The solids content of the 
finished product shall meet the minimum Br ix level for reconstituted juice specified 
in Annex V.  
4. Dehydrated/powdered fruit juice 
The product obtained from fruit juice of one or more species by the physical removal 
of virtually all the water content. 
5. Fruit nectar 
The fermentable but unfermented product obtained by adding water and/or sugars 
and/or honey to the products defined in Part s I.1, I.2, I.3 and I.4, to fruit purée and/or 
to concentrated fruit purée and/or to a mixture of those products, that product, 
moreover, meeting the requirements of Annex IV. 
Where fruit nectars are manuf actured without added sugar or with low energy value, 
sugars may be replaced wholly or part ially by sweeteners, in accordance with 
Regulation (EC) No 1333/2008. 
Flavour, pulp and cells obtained by suitable physical means from the same species of 
fruit may be restored to the fruit nectar. 
II. AUTHORISED  INGREDIENTS,  TREATMENTS  AND  SUBSTANCES 
1. Composition 
The species corresponding to the botanical na me in Annex V shall be used in the 
preparation of fruit juices, fruit purées and fruit nectars bearing the product name for 
the applicable fruit or the commonly used name of the product. In fruit species not 
included in Annex V, the correct bota nical or common na me shall apply. EN 9   EN For fruit juice the Brix level shall be the one of the juice as extracted from the fruit 
and shall not be modified, except by blendi ng with the juice of the same species of 
fruit. 
The minimum Brix level is established in Annex V exclusive of the solids of any 
added optional ingredients and additives. 
2. Authorised ingredients 
– The addition of vitamins and minerals authorised in Regulation (EC) 
No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods** is allowed. 
– Flavour, pulp and cells restored to fru it juice, nectars, fruit juices from 
concentrate and concentrated fruit jui ces may be recovered from the same 
species of fruit. 
– For grape juice only, salts of ta rtaric acids may be restored. 
– The addition of sugars and/or honey is au thorised only in nect ars (up to 20% of 
the total weight of the finished produc ts) and in some specific products of 
Annex III. 
– For products defined in Parts I.1, I.2, I .3, I.4 and I.5, in order to regulate acidic 
taste, the addition of lem on and/or lime juice and/or concentrated lemon and/or 
lime juice, up to 3 g per litre of juice, expressed as anhydrous citric acid is 
authorised. 
– Carbon dioxide, as an in gredient, is authorised. 
Salt, spices and aromatic herbs may be adde d to tomato juice and tomato juice from 
concentrate. 
The addition of both sugars and lemon or lim e juice, whether concentrated or not, or 
acidifying agents as permitted by Regulat ion (EC) No 1333/2008 to the same product 
is prohibited for specific products covered by Annex III. 
3. Authorised treatments and substances 
 
– Mechanical extraction processes. 
– The usual physical processes, including in-line water extraction (diffusion) of 
the edible part of fruits other than gr apes for the manufacture of concentrated 
fruit juices, provided that the concentrat ed fruit juices t hus obtained comply 
with Part I.1. 
– For grape juice, where sulfitation with su lphur dioxide of th e grapes has been 
used, desulfitation by physical means is authorised, provided that the total 
quantity of SO 2 present in the final product does not exceed 10 mg/l. 
– Enzyme preparations: pectinases (for br eakdown of pectin), proteinases (for 
breakdown of proteins) and amylas es (for breakdown of starch)  meeting the 
requirements of Regulation (EC) No 1332/2008. 
– Edible gelatine, 
– Tannins, EN 10   EN – Silicasol, 
– Charcoal, 
– Nitrogen, 
– Adsorbent clays (bentonite). 
– Chemically inert filtration aids and prec ipitation agents (e.g. perlite, washed 
diatomite, cellulose, insoluble polyamide, polyvinylpolypyrrolidone, 
polystyrene), which comply with Re gulation (EC) No 1935/2004 the European 
Parliament and of the Council of 27 October 2004 on materi als and articles 
intended to come into contact with f ood and repealing Directives 80/590/EEC 
and 89/109/EEC***. 
– Chemically inert adsorption aids whic h comply with the Directives on 
materials and articles intended to come into contact with foodstuffs, and which 
are used to reduce the limonoid and nari ngin content of ci trus juice without 
significantly affecting the limonoid gl ucosides, acid, sugar (including 
oligosaccharides) or  mineral content. 
* OJ L 330, 5.12.1998, p. 32. 
** OJ L 404, 30.12.2006, p. 26. 
*** OJ L 338, 13.11.2004, p. 4.  EN 11   EN ANNEX II  
DEFINITIONS OF RAW MATERIALS 
For the purposes of this Directive, the following definitions shall apply: 
1. Fruit 
For the purposes of the present Directive, tomato is also considered as a fruit. 
2. Fruit purée 
The fermentable but unfermented product obtained by suitable physical processes 
such as sieving, grinding, milling  the edible part of whole or peeled fruit without 
removing the juice. 
The fruit must be sound, appropriately ma ture, and fresh or preserved by physical 
means or by treatment(s) applied in accordan ce with the applicable provisions of the 
European Union. 
3. Concentrated fruit purée 
The product obtained from fruit purée by the physical removal of a specific 
proportion of its water content.  
Concentrated fruit purée may have rest ored flavour which shall be obtained by 
suitable physical means, as defined in Part  II.3 and all of which must be recovered 
from the same species of fruit. 
4. Flavour 
Without prejudice to Re gulation (EC) No 1334/2008,  flavours for restoration are 
obtained during the processing of the na med fruit by applying suitable physical 
processes. These physical pro cesses may be applied to reta in, preserve or stabilize 
the flavour quality and include in partic ular squeezing, extraction, distillation, 
filtration, adsorption, evaporation, fractionation and concentration. 
Flavour is obtained from the edible parts of  the fruit; however it could also be cold 
pressed oil from citrus peel  and compound from the stones. 
5. Sugars 
– sugars as defined by Council Directive 2001/111/EC*, 
– fructose syrup, 
– sugars derived from fruits. 
6. Honey 
The product defined by C ouncil Directive 2001/110/EC**. EN 12   EN 7. Pulp or cells 
The products obtained from the edible parts of fruit of the same species without 
removing the juice. Furthermore, for citrus fruit, pulp or cells are the juice sacs obtained from the endocarp. 
* OJ L 10, 12.1.2002, p. 53. 
** OJ L 10, 12.1.2002, p. 47.  EN 13   EN ANNEX III  
PARTICULAR DESIGNATIONS FOR CERT AIN PRODUCTS LISTED IN ANNEX I 
(a) "vruchtendrank", for fruit nectars; 
(b) "Süßmost"; 
The designation "Süßmost" may be used onl y in conjunction with  the product names 
"Fruchtsaft" or "Fruchtnektar"; 
– for fruit nectar obtained exclusively from fruit juices, concentrated fruit juices 
or a mixture of these products, unpalatabl e in the natural state because of their 
high natural acidity, 
– for fruit juice obtained from apples or fr om pears, with the addition of apples 
where appropriate, but with no added sugar; 
(c) "succo e polpa" or "sumo e polpa", for fruit nectars obtained ex clusively from fruit 
purée and/or concentrated fruit purée; 
(d) "æblemost", for apple juice with no added sugar; (e) - "sur ... saft", together with the name (i n Danish) of the fruit used, for juices with no 
added sugar obtained from blackcurrants, cherries, redcurrants, whitecurrants, 
raspberries, strawberri es or elderberries, 
- "sød ... saft" or "sødet ... saft " together with the name (i n Danish) of the fruit used, 
for juices obtained from this fruit, with  more than 200 g of added sugar per litre; 
(f) "äpplemust", for apple ju ice with no added sugar; 
(g) "mosto", synonym of grape juice; (h) "seabuckthorn" berries, Hippophae rhamnoides  L, for berries juice. EN 14   EN ANNEX IV  
SPECIAL PROVISIONS RELA TING TO FRUIT NECTARS 
Fruit nectars made from Minimum juice and/or 
purée content (% by volume 
of finished product) 
I. Fruits with acidic juice unpalatable in the natural state   
Passion fruit 25 
Quito naranjillos 25 
Blackcurrants 25 
Whitecurrants 25 
Redcurrants 25 
Gooseberries 30 
Sallow-thorn berries 25 
Sloes 30 
Plums 30 
Quetsches 30 
Rowanberries 30 
Rose hips 40 
Sour cherries 35 
Other cherries 40 
Bilberries 40 
Elderberries 50 
Raspberries 40 
Apricots 40 
Strawberries 40 
Mulberries/blackberries 40 
Cranberries 30 
Quinces 50 
Lemons and limes 25 
Other fruits belonging to this category 25 
II. Low-acid, pulpy or highly flavoured fr uits with juice unpalatable in the 
natural state   
Mangoes 25 
Bananas 25 
Guavas 25 
Papayas 25 
Lychees 25 
Azeroles (Neapolitan medlars) 25 
Soursop 25 EN 15   EN Fruit nectars made from Minimum juice and/or purée 
content (% by volume of 
finished product) 
Bullock's heart or custard apple 25 
Sugar apples 25 
Pomegranates 25 
Cashew fruits 25 
Spanish plums 25 
Umbu 25 
Other fruits belonging to this category 25 
III. Fruits with juice palata ble in the natural state   
Apples 50 
Pears 50 
Peaches 50 
Citrus fruits except lemons and limes 50 
Pineapples 50 
Tomatoes 50 
Other fruits belonging to this category 50 
 EN 16   EN ANNEX V  
MINIMUM BRIX LEVELS FOR RE CONSTITUTED FRUIT JUICE AND 
RECONSTITUTED FRUIT PUREE 
Fruit’s Common 
Name  Botanical Name  Minimum degree Brix values for 
reconstituted fruit juice and 
reconstituted fruit purée   
Apple*  Malus domestica Borkh. 11.2 
Apricot**  Prunus armeniaca L. 11.2 
Banana**  Musa x paradisiacal L. (excluding 
plantains )  21.0 
Blackcurrant*  Ribes nigrum L. 11.6 
Grape*  Vitis vinifera L. or hybrids thereof
Vitis labrusca L. or hybrids thereof 15.9 
Grapefruit*  Citrus x paradise Macfad. 10.0 
Guava**  Psidium guajava L. 9.5 
Lemon*  Citrus limon (L.) Burm.f. 8.0 
Mango**  Manifera indica L. 15.0 
Orange*  Citrus sinensis (L.) Osbeck 11.2 
Passion Fruit*  Passiflora edulis Sims 13.5 
Peach**  Prunus persica (L.) Batsch var. 
persica 10.0 
Pear**  Pyrus communis L. 11.9 
Pineapple*  Ananas comosus (L.) Merr. 12.8 
Raspberry*  Rubus idaeus L. 7.0 
Sour Cherry*  Prunus cerasus L. 13.5 
Strawberry*  Fragaria x ananassa Duch. 7.0 
Tomato  Lycopersicon esculentum, Mill. 5.0 
Mandarin*  Citrus reticulata Blanco 11.2 
For those products marked with an asterisk (* ), which are produced as  a juice, a minimum 
relative density is determined as such in relation to water at 20/20°C. 
For those products marked with two asterisk s (**), which are produced as a purée, only a 
minimum uncorrected Brix reading (without  correction of acid) is determined."