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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 chestnut purée
(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 31.12.19801979L0693 — EN — 01.01.1981 — 001.001 — 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 chestnut purée
(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 chestnut purée, reserve such designationsfor 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 chestnut purée
is subject to the general rules laid down by Council Directive 79/112/EEC of18 December 1978 on the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of foodstuffs (
3);
whereas the present Directive may therefore merely set out the additions andderogations 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; whereas
as a consequence in the initial stage it is advisable to allow Member States the
possibility of including such products under the designation fruit jams, jelliesand marmalades and chestnut purée; whereas Community arrangementsapplicable to these products will have to be worked 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 makeprovision 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 — 01.01.1981 — 001.001 — 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. chestnut purée;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 definitionsand 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 than60 % which comply with the other provisions of this Directive with the
exception of those prescribed in Annex III (B).
Not later than five years after notification of this Directive, the Council,
acting on a proposal from the Commission, shall decide on the Communityarrangements applicable to the products referred to in the first subparagraph.
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) 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, the!B1979L0693 — EN — 01.01.1981 — 001.001 — 3
indication of the types of fruit used may be replaced by the
words ‘mixed fruit’ or by an indication of the number of types offruit 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 more
of the following: strawberries, raspberries, gooseberries, redcurrants
or plums, the words ‘red beetroot juice to reinforce the colour’ shallappear 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 thetypes of fruit used to be replaced by the single word ‘fruit’.
(d) Where the residual sulphur dioxide content is more than 10 mg/kg,
Member States may require that the words ‘residual sulphur dioxide’appear in the list of ingredients. Five years after the notification of
this Directive, the Commission shall review this derogation and
propose any necessary changes to the Council.
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 ºC for thefinished product, subject to a tolerance of ± 3% between the actual
refractometric value and the value shown;
(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 Directive79/112/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 not
intended for supply as such to the final consumer.!B1979L0693 — EN — 01.01.1981 — 001.001 — 4
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 governingthe 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 the
other 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 theStanding 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 toensure the protection of human health, it shall initiate the procedure laid downin Article 13, with a view to adopting these amendments; the Member State
which has adopted safeguard measures may in that event retain them until the
amendments enter into force.
Article 11
The Council, acting unanimously on a proposal from the Commission, shall
determine, as far as is necessary, the identity and purity criteria for the
products and substances given in Annexes II and III.
Article 12
Detailed rules concerning methods of sampling and analysis to check the
composition of and manufacturing specifications for products defined inAnnex I shall be determined in accordance with the procedure laid down in
Article 13.
Article 13
1. Where the procedure laid down in this Article is to be followed, the
matter shall be referred to the Standing Committee for Foodstuffs (hereinaftercalled ‘the Committee’) by its chairman, either on his own initiative or at therequest of a representative of a Member State.
2. The Commission representative shall submit to the Committee a draft of
the measures to be taken. The Committee shall give its opinion on that draft
within a time limit set by the chairman having regard to the urgency of thematter. Opinions shall be delivered by a majority of
"M1 45 votes 3, the
votes of the Member States, being weighted as provided in Article 148 (2) of
the Treaty. The chairman shall not vote.
3. (a) Where the measures envisaged are in accordance with the opinion of
the Committee, the Commission shall adopt them.!B1979L0693 — EN — 01.01.1981 — 001.001 — 5
(b) Where the measures envisaged are not in accordance with the
opinion of the Committee, or if no opinion is delivered, theCommission shall without delay submit to the Council a proposal onthe measures to be taken. The Council shall act by a qualified
majority.
(c) If the Council has not acted within three months of the proposal
being submitted to it, the proposed measures shall be adopted by theCommission.
Article 14
Article 13 shall apply for 18 months from the date on which the matter was
first referred to the Committee pursuant to Article 13 (1).
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 derogation provided for:
(i) in paragraph 1 (a) (i) shall cease to apply at a date to be fixed by the
Council by 1 July 1984 according to the procedure provided for in Article100 of the Treaty, and in any event on implementation of Communityrules on the use of alimentary acids in foodstuffs;
(ii) in paragraph 1 (a) (ii) shall cease to apply at a date to be fixed by the
Council by 1 July 1984 according to the procedure provided for in Article
100 of the Treaty.
3. Before 1 July 1984 the Commission shall re-examine the derogations
provided for in paragraph 1 (a) (iii) and shall propose any necessary
amendments to the Council.
Article 16
This Directive:
(a) shall not apply to products intended for export to countries outside the
Community;
(b) shall not affect national provisions relating to dietetic products, without
prejudice to any Community provisions on the matter;!B1979L0693 — EN — 01.01.1981 — 001.001 — 6
(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 — 01.01.1981 — 001.001 — 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 andtomatoes.
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.
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.
4. Jelly:
an appropriately gelled mixture of sugars and the juice and/or aqueous
extracts of:
— one type of fruit, or!
B1979L0693 — EN — 01.01.1981 — 001.001 — 8
— 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 theexception, optionally, of small quantities of finely sliced peel.
6. Chestnut purée:
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 — 01.01.1981 — 001.001 — 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 the
manufacture of products as defined in Annex I, after cleaning,removal of blemishes, topping and tailing,
— for the purposes of this Directive, tomatoes and the edible parts of
rhubarb stalks are considered as fruit,
— the term ‘chestnut’ means the fruit of the sweet chestnut tree
(Castanea sativa),
— ‘ginger’ means the edible root of the ginger plant preserved in
syrup after being drained and peeled.
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):
a product which, subject to treatment in accordance with section B,
conforms to the definitions 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 amended by
Directive 79/168/EEC (2).
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-solubleconstituents of the fruit used.
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,— 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,!
B
(1) OJ No L 311, 1. 12. 1975, p. 40.
(2) OJ No L 37, 13. 2. 1979, p. 27.1979L0693 — EN — 01.01.1981 — 001.001 — 10
(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. The products defined in section A (1) to (5) 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.
2. If the abovementioned products are intended for the manufacture of
products defined in Annex I (A) (2), (4) and (5), sulphur dioxide (E220) or the salts thereof (E 221, E 222, E 223, E 224, E 226, E 227) maybe added to them.
3. Apricots for the manufacture of the product defined in Annex I (A) (2)
may be treated by other dehydration processes apart from freeze-drying.
4. Chestnuts for use in the manufacture of the product defined in Annex I
(A) (6) may be soaked beforehand for a short time in an aqueous
solution of sulphur dioxide (E 220).!
B1979L0693 — EN — 01.01.1981 — 001.001 — 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 juices In the product defined in Annex I (A) (1)
where it is obtained from one or more of
the following species: strawberries, rasp-berries, gooseberries, redcurrants, plums
— Red beetroot juice In the products defined in Annex I (A) (2)
and (4) where they are obtained from one
or 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 applepomace or dried peel of citrus fruits,or from a mixture of both, by the
action of dilute acid followed by
partial neutralization with sodium orpotassium salts)In all the products defined in Annex I!
B1979L0693 — EN — 01.01.1981 — 001.001 — 12
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 fromapples, quinces or rosehips and in theproduct defined in Annex I (A) (6)— Vanilla extract
— Vanillin9
>>>>>>=
>>>>>>;
— Ethyl vanillin
B. ADDITIVES
Name Conditions of use
Pectin (E 440a) and amidated pectin (E
440b)All the products defined in Annex I, the
pectin content of the finished product not
exceeding 1% of which not more than
0.5%is amidated pectin (E 440b)
Lactic acid (E 270)
All the products defined in Annex I in the
quantities necessary for normalizing thepHSodium 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 manufacturing
practice
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!
B1979L0693 — EN — 01.01.1981 — 001.001 — 13
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/kg
but 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.!
B1979L0693 — EN — 01.01.1981 — 001.001 — 14