1999L0004 — EN — 20.11.2003 — 001.001 — 1
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►B DIRECTIVE1999/4/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of22February1999
relating tocoffee extractsandchicory extracts
(OJ L 66, 13.3.1999, p. 26)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
▼B
DIRECTIVE 1999/4/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of22February1999
relating tocoffee extractsandchicory extracts
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Acting in accordance with the procedure laid down in Article 189b of
the Treaty (3), in the light of the joint text approved by the Conciliation
Committee on 8 December 1998,
Whereas certain vertical Directives relating to foods should be simpli-
fied in order to take account only of the essential requirements to be
met by the products they cover in order that those products may movefreely within the internal market, in accordance with the conclusions ofthe European Council held in Edinburgh on 11 and 12 December 1992,confirmed by those of the European Council in Brussels on 10 and 11
December 1993;
Whereas Council Directive 77/436/EEC of 27 June 1977 on the
approximation of the laws of the Member States relating to coffee
extracts and chicory extracts (
4) was justified by the fact that differ-
ences between national laws on coffee extracts and chicory extractscould result in conditions of unfair competition likely to mislead consu-mers, and thereby have a direct effect on the establishment andfunctioning of the common market;
Whereas the aforesaid Directive was consequently designed to define
coffee extracts and chicory extracts, to determine which substances
may be added during their manufacture, to lay down common rules
concerning the packaging and labelling of such extracts and to specifythe conditions under which particular designations may be used forsome of these products, in order to ensure their free movement withinthe Community;
Whereas Directive 77/436/EEC should be brought into line with
general Community legislation on foodstuffs, particularly legislation
on labelling and methods of analysis;
Whereas the Commission is planning to propose, as soon as possible
and at all events before 1 July 2000, the inclusion in Directive 80/
232/EEC (
5) of a range of nominal weights for the products defined by
this Directive;
Whereas the general food-labelling rules set out in Council Directive
79/112/EEC of 18 December 1978 on the approximation of the lawsof the Member States relating to the labelling, presentation and adver-tising of foodstuffs for sale to the ultimate consumer (
6) should apply
subject to certain conditions;1999L0004 — EN — 20.11.2003 — 001.001 — 2
(1) OJ C 231, 9. 8. 1996, p. 24.
(2) OJ C 56, 24. 2. 1997, p. 20.
(3) Opinion of the European Parliament of 23 October 1997 (OJ C 339, 10. 11.
1997, p. 129), Council Common Position of 30 April 1998 (OJ C 204, 30. 6.
1998, p. 25) and Decision of the European Parliament of 16 September 1998
(OJ C 313, 12. 10. 1998, p. 90). Council Decision of 25 January 1999. Deci-
sion of the European Parliament of 11 February 1999.
(4) OJ L 172, 12. 7. 1977, p. 20. Directive as last amended by the 1985 Act of
Accession.
(5) OJ L 51, 25. 2. 1980, p. 1. Directive as last amended by Directive 87/356/
EEC (OJ L 192, 11. 7. 1987, p. 48).
(6) OJ L 33, 8. 2. 1979, p. 1. Directive as last amended by Directive 97/4/EC of
the European Parliament and of the Council (OJ L 43, 14. 2. 1997, p. 21).
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Whereas, pursuant to the principle of proportionality, this Directive
does not go beyond what is necessary in order to achieve the objectivespursued, in accordance with the third paragraph of Article 3b of the
Treaty;
Whereas, when this Directive is adapted in the future to general
Community provisions on foodstuffs, the Commission will be assisted
by the Standing Committee on Foodstuffs, set upby Decision 69/414/EEC (
1);
Whereas, to avoid creating new barriers to free movement, Member
States should refrain from adopting, for the products in question,national provisions not provided for by this Directive,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns coffee extracts and chicory extracts as defined
in the Annex.
This Directive does not apply to ‘café torrefacto soluble’.
Article 2
Directive 79/112/EEC shall apply to the products defined in the Annex
subject to the following conditions:
(a) the product names listed in the Annex shall apply only to the
products referred to therein and must be used in trade to designate
them. Those names shall be supplemented by the words:
— ‘paste’ or ‘in paste form’ or
— ‘liquid’ or ‘in liquid form’
as appropriate.However, product names may be supplemented by the term
‘concentrated’:
— in the case of the product defined in point 1(c) of the Annex,
provided that the coffee-based dry matter content is more than
25 % by weight,
— in the case of the product defined in point 2(c) of the Annex,
provided that the chicory-based dry matter content is morethan 45 % by weight;
(b) the labelling must include the term ‘decaffeinated’ in the case of
the products defined in point 1 of the Annex, provided that theanhydrous caffeine content does not exceed 0,3 % by weight ofthe coffee-based dry matter. This information must be within thesame field of vision as the sales description;
(c) in the case of the products defined in points 1(c) and 2(c) of the
Annex, the label must include the terms ‘with …’, ‘preserved with
…’, ‘with added …’ or ‘roasted with …’ followed by the name(s)of the types of sugar(s) used.
This information must be within the same field of vision as the
sales description;
(d) the labelling must indicate, in the case of the products defined in
points 1(b) and (c) of the Annex, the minimum coffee-based drymatter content and, in the case of the products defined in points2(b) and (c) of the Annex, the minimum chicory-based dry mattercontent. These contents shall be expressed as a percentage byweight of the finished product.1999L0004 — EN — 20.11.2003 — 001.001 — 3
(1) OJ L 291, 19. 11. 1969, p. 9.
▼B
Article 3
For the products defined in the Annex, Member States shall not adopt
national provisions not provided for by this Directive.
Article 4
The decision to bring this Directive into line with the general Commu-
nity provisions applicable to foodstuffs shall be made in accordancewith the procedure laid down in Article 5.
Article 5
1. The Commission shall be assisted by the Standing Committee on
the Food Chain and Animal Health, set upby Article 58 of Regulation(EC) No 178/2002 (
1), hereinafter referred to as ‘the Committee’.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (2) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 6
Directive 77/436/EEC is hereby repealed with effect from 13
September 2000.
References to the repealed Directive shall be construed as references to
this Directive.
Article 7
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive not
later than 13 September 2000. They shall immediately inform theCommission thereof.
The laws, regulations and administrative provisions shall be applied so
as to:
— authorise the marketing of the products defined in the Annex if they
conform to the definitions and rules laid down in this Directive,with effect from 13 September 2000,
— prohibit the marketing of products which fail to conform to this
Directive, with effect from 13 September 2001. However, the
marketing of products failing to comply with this Directive but
labelled before 13 September 2001 in accordance with Directive77/436/EEC shall be permitted until stocks are exhausted.
When Member States adopt these measures, the latter shall contain a
reference to this Directive or shall be accompanied by such referenceat the time of their official publication. The procedure for such refer-ence shall be adopted by Member States.
2. Member States shall communicate to the Commission the text of
the main provisions of domestic law which they adopt in the fieldgoverned by this Directive.1999L0004 — EN — 20.11.2003 — 001.001 — 4
(1) OJ L 31, 1.2.2002, p. 1.
(2) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
▼B
▼B
Article 8
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 9
This Directive is addressed to the Member States.1999L0004 — EN — 20.11.2003 — 001.001 — 5
▼B
ANNEX
PRODUCTDESCRIPTIONS,DEFINITIONSANDCHARACTERISTICS
1.‘Coffee extract’, ‘soluble coffee extract’, ‘soluble coffee’ or ‘instant
coffee’
This means the concentrated product obtained by extraction from roasted
coffee beans using only water as the medium of extraction and excluding
any process of hydrolysis involving the addition of an acid or a base. Apart
from those insoluble substances which it is technically impossible to remove,
and insoluble oils derived from coffee, coffee extract must contain only the
soluble and aromatic constituents of coffee. Member States shall ensure that
the methods used to determine the free and total carbohydrate content of
soluble coffees are in conformity with paragraphs 1 and 2 of the Annex to
Council Directive 85/591/EEC of 20 December 1985 concerning the intro-
duction of Community methods of sampling and analysis for the monitoring
of foodstuffs intended for human consumption (1) and that they are validated
or standardised, either already or as soon as possible.
The coffee-based dry matter content must be:
(a) not less than 95 % by weight in the case of dried coffee extract;
(b) from 70 % to 85 % by weight in the case of coffee extract paste;
(c) from 15 % to 55 % by weight in the case of liquid coffee extract.
Coffee extract in solid or paste form must contain no substances other than
those derived from the extraction of coffee. Liquid coffee extract may
contain edible sugars, whether or not roasted, in a proportion not exceeding
12 % by weight.
2.‘Chicoryextract’,‘solublechicory’ or‘instantchicory’
This means the concentrated product obtained by extraction from roasted
chicory using only water as the medium of extraction and excluding any
process of hydrolysis involving the addition of an acid or a base.
‘Chicory’ means the roots of Cichorium Intybus L. , not used for the produc-
tion of witloof chicory, usually used for the preparation of beverages,
suitably cleaned to be dried and roasted.
The chicory-based dry matter content must be:
(a) not less than 95 % by weight in the case of dried chicory extract;
(b) from 70 % to 85 % by weight in the case of chicory extract paste;
(c) from 25 % to 55 % by weight in the case of liquid chicory extract.
Chicory extract in solid or paste form may contain not more than 1 % by
weight of substances not derived from chicory.
Liquid chicory extract may contain edible sugars, whether roasted or not, to a
proportion not exceeding 35 % by weight.1999L0004 — EN — 20.11.2003 — 001.001 — 6
(1) OJ L 372, 31. 12. 1985, p. 50.