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"B COUNCIL DIRECTIVE
of 24 July 1979
on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and
"M2 sweetened chestnut purée 3
(79/693/EEC)
(OJ L 205, 13.8.1979, p. 5)
Amended by:
Official Journal
No page date
"M1 Council Directive 80/1276/EEC of 22 December 1980 L 375 77 31.12.1980
"M2 Council Directive 88/593/EEC of 18 November 1988 L 318 44 25.11.1988
Amended by:
"A1 Act of Accession of Spain and Portugal L 302 23 15.11.19851979L0693 — EN — 28.11.1988 — 003.001 — 1
COUNCIL DIRECTIVE
of 24 July 1979
on the approximation of the laws of the Member States relating to fruit
jams, jellies and marmalades and "M2 sweetened chestnut purée 3
(79/693/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (
1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the legislation and administrative provisions in force in the Member
States define the composition and characteristics of the manufacture of fruitjams, jellies and marmalades and
"M2 sweetened chestnut purée 3,
reserve such designations for the products that meet these standards and lay
down the rules regarding labelling and presentation;
Whereas the differences in national legislation are likely to impede the free
movement of these products and lead to conditions of unfair competition;
Whereas it is consequently necessary to establish common rules, the
observance of which will make it possible to market the products in questionfreely throughout the Community;
Whereas the labelling of fruit jams, jellies and marmalades and
"M2 swee-
tened chestnut purée 3is subject to the general rules laid down by 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 offoodstuffs (
3); whereas the present Directive may therefore merely set out the
additions and derogations which should be made with regard to those general
rules;
Whereas a new type of product with a low sugar content has recently appeared
on some markets but its industrial development is not yet complete; whereasas a consequence in the initial stage it is advisable to allow Member States thepossibility of including such products under the designation fruit jams, jellies
and marmalades and
"M2 sweetened chestnut purée 3;w h e r e a s
Community arrangements applicable to these products will have to beworked out subsequently;
Whereas, with the aim of simplifying and speeding up the procedure, the
adoption of technical implementing measures should be entrusted to the
Commission;
Whereas, in all cases where the Council delegates powers to the Commission
to implement rules established in respect of foodstuffs, it is advisable to make
provision for a procedure ensuring close cooperation between the MemberStates and the Commission through the Standing Committee for Foodstuffs
set up by Decision 69/414/EEC (
4);
Whereas the implementation of certain rules provided for in this Directive
cannot be envisaged at present because of the technical difficulties this would
entail;
Whereas recourse must consequently be had to national laws, but the situation
should be reviewed at a later stage in order gradually to eliminate thedifferences which still exist,!B
(1) OJ No C 7, 12. 1. 1976, p. 38.
(2) OJ No C 131, 12. 6. 1976, p. 23.
(3) OJ No L 33, 8. 2. 1979, p. 1.
(4) OJ No L 291, 29. 11. 1969, p. 9.1979L0693 — EN — 28.11.1988 — 003.001 — 2
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to:
1. extra jam;
2. jam;
3. extra jelly;
4. jelly;5. marmalade;
6.
"M2 sweetened chestnut purée 3;
as these products are defined in Annex I.
Article 2
Member States shall take all the necessary steps to ensure that the products
defined in Annex I may be marketed only if they conform to the definitions
and rules laid down in this Directive.
Article 3
1. The names listed in Annex I shall be used exclusively to denote the
products defined therein and in so far as their soluble dry matter content is not
less than 60 % as determined by refractometer.
2. Member States may also allow the use in their territory of the names
listed in Annex I for products with a soluble dry matter content of less than
60 % which comply with the other provisions of this Directive with theexception of those prescribed in Annex III (B).
Before 1 January 1991 the Council, acting on a proposal from the
Commission, shall decide on rules concerning the Community namesapplicable to such products.
3. The names listed in Annex I (A) (2) and (4) may also be used to designate
the products defined in paragraphs 1 and 3 of that section.
4. This Article shall not affect the provisions by which the name ‘jelly’ may,
in accordance with custom, also be used to designate other products whichcannot be confused with those defined in Annex I.
Article 4
Only raw materials corresponding to the definitions given in Annex II may be
used in the manufacture of the products defined in Annex I.
Article 5
Only the substances listed in Annex III may be added, and only in the manner
prescribed therein, to the products defined in Annex I.
Article 6
1. Products defined in Annex I may not contain any substance in such
quantity as to endanger human health.
2. Products defined in Annex I may not, in particular, contain sulphur
dioxide in amounts exceeding the limits fixed in Annex IV .
Article 7
1. (a) The name under which a product defined in Annex I is sold shall be
the same as that used by virtue of Article 3.!B
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!B1979L0693 — EN — 28.11.1988 — 003.001 — 3
(b) This name shall be supplemented by:
(i) an indication of the type or types of fruit used in descending
order of importance by weight of the raw materials used;
however, for products made from three or more types of fruit, theindication of the types of fruit used may be replaced by thewords ‘mixed fruit’ or by an indication of the number of types of
fruit used;
(ii) an indication of the ingredients given in Annex III (A) (2).
2. (a) Where apricots intended for the manufacture of the product defined
in Annex I (A) (2) have been dried by a process other than
freeze-drying, the words ‘dried apricots’ shall appear on the list of
ingredients.
(b) Where red beetroot juice has been added to the products defined in
Annex I (A) (2) and (4) which have been obtained from one or moreof the following: strawberries, raspberries, gooseberries, redcurrantsor plums, the words ‘red beetroot juice to reinforce the colour’ shall
appear in the list of ingredients.
(c) In the case of products made from three or more types of fruit,
Member States may allow the naming in the list of ingredients of the
types of fruit used to be replaced by the single word ‘fruit’.
(d) Where the residual sulphur dioxide content is more than 30 mg/kg,
the words ‘sulphur dioxide’ shall appear in the list of ingredients,
according to the percentage by weight of the residue in the finished
product.
3. The labelling of the products defined in Annex I shall also bear the
following obligatory information:
(a) the words ‘prepared with… g of fruit per 100 g’, the figure shown
representing the quantities per 100 g of finished product for which thefollowing have been used:
— pulp, purée, juice and aqueous extracts in the manufacture of the
products defined in Annex I (A) (1), (2), (3), (4) and (6), ifapplicable, after deduction of the weight of water used in preparing
the aqueous extracts,
— citrus fruit used in the manufacture of the product defined in Annex I
(A) (5);
(b) the words ‘total sugar content:… g per 100 g’, the figure shown
representing the value determined by refractometer at 20° C for thefinished product, subject to a tolerance of ± 3 refractometric degrees;
(c) for products having a soluble dry matter content of less than 63% the
words ‘keep in a cool place once opened’; this indication shall not,
however, be compulsory for products in small containers, the content of
which is normally consumed at one time and for products to whichpreservatives have been added;
(d) in the case of the product defined in Annex I (A) (5):
— containing peel, an indication of the style of cut of that peel,
— not containing peel, an indication of the absence of peel.
4. The particulars referred to in paragraph 3 must appear within the same
field of vision as those referred to in Article 11 (3) (a) of Directive
79/112/EEC.
5. The addition of L-ascorbic acid by virtue of Article 5 and Annex III (B)
shall not authorize reference to be made to vitamin C.
Article 8
Without prejudice to the provisions to be adopted by the Community in this
field, Member States shall be free to determine the rules governing the
labelling of the products which are defined in Annex I and which are notintended for supply as such to the final consumer.!B
!M2
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!B1979L0693 — EN — 28.11.1988 — 003.001 — 4
!M2
Article 8a
The amendments necessary to adapt the Annexes to technical progress shall
be adopted in accordance with the procedure laid down in Article 13, with the
exception of those concerning additives.
Article 9
1. Member States may not prohibit trade in products defined in Annex I
which comply with the definitions and rules laid down in this Directive, in
particular by the application of non-harmonized national provisions governing
the composition, manufacturing specifications, packaging or labelling ofthese products or of foodstuffs in general.
2. Paragraph 1 shall not apply to non-harmonized national provisions
justified on grounds of:
— protection of public health,
— prevention of fraud, unless such provisions are liable to impede the
application of the definitions and rules laid down by this Directive,
— protection of industrial and commercial property rights, indications of
source, registered designation of origin and prevention of unfaircompetition.
Article 10
1. Where a Member State, as a result of new information or of a
re-assessment of existing information made since this Directive was adopted,
has detailed grounds for establishing that the use, in the products defined inAnnex I, of one of the substances listed in Annex III (A) (2) (b), secondindent, (2) (c) and (B) and Annex IV or where the maximum level which may
be employed endangers human health although it complies with this
Directive, that Member State may temporarily suspend or restrict applicationof the provisions in question in its territory. It shall immediately inform theother Member States and the Commission thereof and give reasons for its
decision.
2. The Commission shall examine as soon as possible the grounds given by
the Member State concerned, and consult the Member States within the
Standing Committee for Foodstuffs, and shall then deliver its opinion
forthwith and take the appropriate measures.
3. If the Commission considers that amendments to this Directive are
necessary in order to resolve the difficulties mentioned in paragraph 1 and to
ensure the protection of human health, it shall initiate the procedure laid downin Article 13, with a view to adopting these amendments; the Member Statewhich has adopted safeguard measures may in that event retain them until the
amendments enter into force.
Article 11
The identity and purity criteria for products and substances appearing in
Annexes II B and III B shall be determined where necessary in accordancewith the procedure laid down in Article 13.
Article 13
1. Where the procedure laid down in this Article is to be followed, the
Chairman shall refer the matter to the Standing Committee for Foodstuffseither on his own initiative or at the request of the representative of a Member
State.
2. The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver its opinion on
the draft within a time limit which the chairman may lay down according to
the urgency of the matter. The opinion shall be delivered by the majority laid!B
!M21979L0693 — EN — 28.11.1988 — 003.001 — 5
down in Article 148 (2) of the Treaty in the case of decisions which the
Council is required to adopt on a proposal from the Commission. The votes ofthe representatives of the Member States within the committee shall beweighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion of
the committee, or if no opinion is delivered, the Commission shall,
without delay, submit to the Council a proposal relating to themeasures to be taken. The Council shall act by a qualified majority.
If, on the expiry of three months from the date of referral to the
Council, the Council has not acted, the proposed measures shall beadopted by the Commission.
Article 15
1. This Directive shall not affect national provisions whereby the following
may be authorized for the manufacture of the products defined in Annex I:
(a) the addition of the following substances:
(i) malic acid and its sodium and calcium salts according to proper
manufacturing practice;
(ii) — calcium carbonate, calcium chloride and calcium gluconate,
used either separately or in combination at not more than200 mg/kg expressed as calcium,
— sodium carbonate, sodium bicarbonate and sodium hydroxide,
— phosphoric acid;
(iii) — preservatives, where the soluble dry matter content is less than
65%,
— colouring matters; in the case of the products defined in Annex I
(A) (1) and (3) this authorization may however be given onlywhere the products are manufactured from one or more of the
following types: strawberries, raspberries, gooseberries, red-
currants and plums,
— alginate and carrageenan at not more than 10 g/kg (separately or
in combination) and carob meal at not more than 20 g/kg,
— dimethylpolysiloxane at not more than 10 mg/kg,
— sorbitan monolaurate at not more than 25 mg/kg in the product
referred to in the third subparagraph of Annex I (A) (5);
(b) the total or partial replacement of the sugars given in Annex II (A) (6) by
honey, cane molasses or brown sugar.
2. The derogations in respect of additives provided for in paragraph 1 (a)
shall cease to apply once rules on the matter become applicable at Community
level.
Article 16
This Directive:
(a) shall not apply to products intended for export to countries outside the
Community;!M2
!B
!M2
!B1979L0693 — EN — 28.11.1988 — 003.001 — 6
(b) shall not affect national provisions relating to dietetic products, without
prejudice to any Community provisions on the matter;
(c) shall not apply to products intended for the manufacture of fine bakers’
wares, pastries and biscuits.
Article 17
1. Member States shall make such amendments to their laws as may be
necessary to comply with this Directive and shall forthwith inform theCommission thereof. The amended legislation shall:
— permit trade in products complying with this Directive not later than two
years after its notification,
— prohibit trade in products not complying with this Directive three years
after its notification.
2. By way of derogation from the second indent of paragraph 1, the period
after which trade in products which are not labelled in accordance with
Article 7 is forbidden shall be that referred to in the second indent of Article
22 (1) of Directive 79/112/EEC.
3. This Article shall not affect application of Article 22 (2) (b) and (c) and
the first indent of Article 23 (1) (b) of Directive 79/112/EEC.
Article 18
This Directive is addressed to the Member States.!B1979L0693 — EN — 28.11.1988 — 003.001 — 7
ANNEX I
FINISHED PRODUCTS — DEFINITIONS
A. For the purpose of this Directive the following definitions shall apply:
1. Extra jam:
a mixture, brought to a suitable gelled consistency, of sugars and the
pulp of:
— one type of fruit, or— two or more types of fruit, excluding apples, pears, clingstone
plums, melons, water-melons, grapes, pumpkins, cucumbers and
tomatoes.
The quantity of fruit pulp used for the manufacture of 1 000 g of
finished product shall not be less than:
— 450 g as a general rule,— 350 g for blackcurrants, rosehips, quinces,— 250 g for ginger,— 230 g for cashew apples,— 80 g for passion fruit.
Rose hip extra jam may be obtained entirely or in part from rose hip
purée.
2. Jam:
a mixture, brought to a suitable gelled consistency, of sugars and the
pulp and/or purée of:
— one type of fruit, or— two or more types of fruit.
The quantity of fruit pulp and/or purée used for the manufacture of
1 000 g of finished product shall not be less than:
— 350 g as a general rule,— 250 g for blackcurrants, rosehips, quinces,— 150 g for ginger,— 160 g for cashew apples,— 60 g for passion fruit.
However, for a period of five years from notification of this Directive,
Member States may make provision for a quantity of 300 g in 1 000 g offinished product in the case of raspberries and gooseberries.
3. Extra jelly:
an appropriately gelled mixture of sugars and the juice and/or aqueous
extracts of:
— one type of fruit, or— two or more types of fruit, excluding apples, pears, clingstone
plums, melons, water-melons, grapes, pumpkins, cucumbers andtomatoes.
The quantity of juice and/or aqueous extracts used in the manufacture of
1 000 g of finished product shall not be less than:
— 450 g as a general rule,
— 350 g for blackcurrants, rosehips, quinces,— 250 g for ginger,— 230 g for cashew apples,— 80 g for passion fruit.
These quantities are calculated after deduction of the weight of water
used in preparing the aqueous extracts.!
B
!M2
!B1979L0693 — EN — 28.11.1988 — 003.001 — 8
4. Jelly:
an appropriately gelled mixture of sugars and the juice and/or aqueous
extracts of:
— one type of fruit, or— two or more types of fruit.
The quantity of juice and/or aqueous extracts used in the manufacture of
1 000 g of finished product shall not be less than:
— 350 g as a general rule,
— 250 g for blackcurrants, rosehips, quinces,
— 150 g for ginger,— 160 g for cashew apples,
— 60 g for passion fruit.
These quantities are calculated after deduction of the weight of water
used in preparing the aqueous extracts.
5. Marmalade:
a mixture, brought to a suitable gelled consistency, of sugars and one or
more of the following products obtained from citrus fruit: pulp, purée,juice, aqueous extracts and peel.
The quantity of citrus fruit used in the preparation of 1 000 g of finished
product shall not be less than 200 g of which 75 g or more shall beobtained from the endocarp.
Member States may authorize in their own territory the name ‘jelly
marmalade’ where the product contains no insoluble matter with the
exception, optionally, of small quantities of finely sliced peel.
6. "
M2 Sweetened chestnut purée 3:
a mixture, brought to a suitable consistency of sugars and puréed
chestnuts.
The quantity of puréed chestnuts used in the manufacture of 1 000 g of
finished product shall not be less than 380 g.
B. In the case of mixtures, the minimum content of a given fruit as laid down in
section A shall be reduced in proportion to the percentage of such fruit used.!B1979L0693 — EN — 28.11.1988 — 003.001 — 9
ANNEX II
A. RAW MATERIALS — DEFINITIONS
1. Fruit:
— fresh, sound fruit, free from deterioration, containing all its
essential constituents and sufficiently ripe for use in themanufacture of products as defined in Annex I, after cleaning,
removal of blemishes, topping and tailing,
— for the purposes of this Directive, tomatoes, the edible parts of
rhubarb stalks, carrots and sweet potatoes are considered to befruit,
— the term ‘chestnut’ means the fruit of the sweet chestnut tree
(Castanea sativa),
— ‘ginger’ means the edible root of the ginger plant.
2. Fruit pulp (pulp):
the edible part of the whole fruit — if appropriate, less the peel, skin,
seeds, pips and the like — which may have been sliced or crushed but
which has not been reduced to a purée.
3. Fruit purée (purée):
the edible part of the whole fruit — less the peel, skin, seeds, pips and
the like — which has been reduced to a purée by sieving or a similarprocess.
4. Fruit juice (juice)
Fruit juice, concentrated fruit juice and dehydrated fruit juice which
comply with the requirements of Council Directive 75/726/EEC of 17November 1975 on the approximation of the laws of the Member States
concerning fruit juices and certain similar products (
1), as last amended
by the Act of Accession of Spain and Portugal.
5. Aqueous extracts of fruit (aqueous extracts):
the aqueous extracts of fruit which, subject to the losses necessarily
occurring in proper manufacturing, contain all the water-soluble
constituents of the fruit used.
5a. Citrus peel (peel)
The peel of citrus fruits, cleaned, with or without the endocarp removed.
6. Sugars:
any of the following:
— semi-white sugar,— sugar (white sugar),— extra white sugar,— sugar solution,— invert sugar solution,— invert sugar syrup,— dextrose monohydrate,— dextrose anhydrous,!
B
(1) OJ No L 311, 1. 12. 1975, p. 40.!M2
!B
!M2
!B
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!B1979L0693 — EN — 28.11.1988 — 003.001 — 10
— glucose syrup,
— dried glucose syrup,
— fructose,— the aqueous solution of sucrose with the following characteristics:
(a) dry matter: not less than 62% by weight;
(b) invert sugar content (ra-
tio of fructose to dex-trose: 1.0±0.2):not more than 3% by weight
of dry matter;
(c) conductivity ash: not more than 0.3%by weight
of dry matter,
(d) colour in solution: not more than 75 ICUMSA
units,
(e) residual sulphur dioxide
content:not more than 15 mg/kg of dry
matter.
B. RAW MATERIALS — AUTHORIZED TREATMENT
1. (a) The products defined in section A (1), (2), (3), (5) and (5a) may in
all cases be treated in the following ways:
— heated, chilled or frozen,
— freeze-dried,— concentrated, to the extent that it is technically possible.
(b) If the abovementioned products are intended for the manufacture
of products are intended for the manufacture of products defined in
Annex I (A) (2), (4) and (5), sulphur dioxide (E 220) or its salts E
221, E 222, E 223, E 224, E 226 and E 227 may also be added tothem.
2. Ginger may be dried or preserved in syrup.
3. Apricots for the manufacture of the products defined in Annex I (A) (2)
may also be treated by other dehydration processes apart from freeze
drying.
4. Chestnuts may be soaked for a short time in an aqueous solution of
sulphur dioxide or its salts E 221, E 222, E 223, E 224, E 226 and E227.
5. (a) Fruit juice may also be subjected to the treatments provided for in
Directive 75/726/EEC;
(b) it may also be subjected to the treatment provided for in 1 (b)
where it is intended for the manufacture of the products defined inAnnex I, points 4 and 5.
6. Citrus peel may be preserved in brine.!
B
!M21979L0693 — EN — 28.11.1988 — 003.001 — 11
ANNEX III
SUBSTANCES WHICH MAY BE ADDED TO THE PRODUCTS DEFINED IN
ANNEX I
A. EDIBLE INGREDIENTS, AROMATICS AND AROMATIC SUBSTANCES
1.Ingredients which need not be specified in the sales description of the finished
products
Name Conditions of use
— Water suitable for food manufacture In all the products defined in Annex I
— Fruit juices In all the products defined in Annex I (A)
(2)
— Red fruit juicesIn the products defined in Annex I (A) (1)
and (2) where they are obtained from one
or more of the following fruits: rose hips,strawberries, raspberries, gooseberries,redcurrants and plums
— Red beetroot juiceIn the products defined in Annex I (A) (2)
and (4) where they are obtained from oneor more of the following species: straw-berries, raspberries, gooseberries, redcur-rants, plums
— Essential oils of citrus fruits In the product defined in Annex I (A) (5)
— Edible oils and fats As anti-foaming agents in all the products
defined in Annex I
— Liquid pectin (products containing
pectin and derived from dried apple
pomace or dried peel of citrus fruits,
or from a mixture of both, by theaction of dilute acid followed bypartial neutralization with sodium orpotassium salts)In all the products defined in Annex I!
B
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2.Ingredients which must be specified in the sales description of the finished
products
Name Conditions of use
(a) Edible ingredients in sufficient quantity
to modify flavour:
— Citrus fruit juice in productsob-
tained from other types of fruitIn the products defined in Annex I (A)
(1) and (2)
— Spirits
In all the products defined in Annex I— Wine and liqueur wine
— Walnuts, hazelnuts, almonds
— Honey— Herbs9
>>>>>>>>>>>>>=
>>>>>>>>>>>>>;
— Spices
— Others Subject to national laws
(b) — Citrus peel
g — Leaves of Pelargonium
odoratissimumIn the products defined in Annex I (A)
(1) to (4) where they are obtained fromquince
c) — Vanilla
In the products defined in Annex I (A)
(1) to (4) where they are obtained from
apples, quinces or rosehips and in theproduct defined in Annex I (A) (6)— Vanilla extract
— Vanillin9
>>>>>>=
>>>>>>;
— Ethyl vanillin!
B1979L0693 — EN — 28.11.1988 — 003.001 — 13
B. ADDITIVES
Name Conditions of use
Pectin and amidated pectin (E 440) All the products defined in Annex I; the
pectin and/or amidated pectin content ofthe finished product shall not exceed 1 %
Lactic acid (E 270)
All the products defined in Annex I in the
quantities necessary for normalizing the
pHSodium lactate (E 325)
Citric acid (E 330)Sodium citrates (E 331)
Calcium citrates (E 333)
Tartaric acid (E 334)9
>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>;
Sodium tartrates (E 335)
Calcium lactate (E 327) All the products defined in Annex I in
accordance with proper manufacturingpractice
L-ascorbic acid (E 300) All the products defined in Annex I in the
quantities necessary for anti-oxidant effect
Mono- and diglycerides of fatty acids (E
471)All the products defined in Annex I!
B
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ANNEX IV
MAXIMUM SULPHUR DIOXIDE CONTENT OF PRODUCTS DEFINED IN
ANNEX I
The sulphur dioxide content of the products defined must not exceed the following
values:
1. 10 mg/kg for products defined in Annex I (A) (1), (3) and (6);
2. 50 mg/kg for all other products defined in Annex I;
3. however, for the products defined in Annex I (A) (2) and (5), Member States may
retain any national laws permitting a sulphur dioxide content greater than 50 mg/kgbut less than 100 mg/kg.
At the end of a period of five, years from the notification of this Directive, the
Commission will re-examine this derogation and will propose to the Council, ifappropriate, the amendment or abolition of this provison.!
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