Proposal for a Council Directive relating to fruit jams, jellies and marmalades and chestnut purée intended for human consumption

(96/C 231/07)

COM(95) 722 final - 96/0118(CNS)

(Submitted by the Commission on 30 May 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas certain vertical Directives relating to foods should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the 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 attention should be paid to the drafting of Community law so as to make it more accessible, in accordance with the guidelines emerging from the Council Resolution of 8 June 1993 (1);

Whereas Council Directive 79/693/EEC of 24 July 1979 on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and sweetened chestnut purée (2), as last amended by Directive 88/593/EEC (3), was justified by the fact that differences between national laws relating to the products concerned could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market;

Whereas Directive 79/693/EEC was consequently designed to lay down definitions and common rules governing composition, manufacturing specifications and labelling of the products concerned, so as to ensure their free movement within the Community;

Whereas Directive 79/693/EEC should be brought into line with general Community legislation on foodstuffs, and in particular legislation on labelling, colouring agents, sweeteners, and other authorized additives;

Whereas, for the sake of clarity, that Directive should therefore be recast;

Whereas the general food-labelling rules set out in Council Directive 79/112/EEC (4), as last amended by Commission Directive 93/102/EC (5), should apply subject to certain derogations;

Whereas, in order to take account of existing national traditions in the making of fruit jams, jellies and marmalades and sweetened chestnut purée, it is necessary to maintain existing national regulations authorizing the marketing of such products with a reduced sugar content;

Whereas, pursuant to the principle of proportionality, this Directive limits itself to what is necessary in order to achieve the objectives, in accordance with the third paragraph of Article 3b thereof;

Whereas the Commission should be given the power to effect future adaptations to this Directive, acting via the consultation procedure within the Standing Committee for Foodstuffs;

Whereas, to avoid creating new barriers to free movement, Member States should refrain from adopting more detailed rules or rules not covered by this Directive for the products in question,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to the products defined in Annex I.

It shall not apply to products intended for the manufacture of fine bakery products, pastries, biscuits, nor to fruit preparations intended for use in dairy products.

Article 2

Directive 79/112/EEC shall apply to the products defined in Annex I, subject to the following conditions:

1. The product names listed in Annex I shall apply only to the products referred to therein and must be used in trade to designate them.

2. The product name shall be supplemented by an indication of the fruit or fruits used, in descending order of weight of the raw materials used. However, for products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words 'mixed fruit` or a similar wording, or by the number of fruits used.

3. The labelling must indicate the actual fruit content by including the words 'prepared with . . . g of fruit per 100 g`, if appropriate after deduction of the weight of water used in preparing the aqueous extracts.

4. The labelling must indicate the total sugar content by the words '. . . g per 100 g`, the figure indicated representing the value determined by refractometer at 20 °C for the finished product, subject to a tolerance of ± 3 refractometric degrees.

However, there is no need to indicate the sugar content in this way in cases where it appears on the labelling pursuant to Council Directive 90/496/EEC (1).

5. The particulars referred to in points 3 and 4 above shall appear in the same visual field as the product name and in clearly visible characters.

Article 3

Member States shall refrain from adopting more detailed national provisions or provisions not covered by this Directive for the products in question.

Article 4

Only the ingredients listed in Annex II and raw materials which comply with Annex III may be used in the manufacture of products defined in Annex I.

Article 5

Any adaptations of this Directive to general Community rules on foodstuffs and to technical progress shall be adopted in accordance with the procedure laid down in Article 6.

Article 6

The Commission shall be assisted by the Standing Committee for Foodstuffs, hereinafter referred to as 'the Committee`, composed of representatives of the Member States and chaired by a representative of the Commission.

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, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall be entitled to ask for its position to be recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

Article 7

Directive 79/693/EEC is hereby repealed with effect from 1 October 1997.

References to the repealed Directive shall be construed as references to this Directive.

Article 8

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1997. They shall immediately inform the Commission thereof.

The provisions shall be applied so as to:

- authorize the marketing of the products defined in Annex I if they conform to the definitions and rules laid down in this Directive, with effect from 1 October 1997,

- prohibit the marketing of products which fail to conform to this Directive, with effect from 1 April 1998.

However, the marketing of products which fail to conform to this Directive and labelled before 1 October 1997 in accordance with Directive 79/693/EEC shall be permitted until stocks are exhausted.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 9

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 10

This Directive is addressed to the Member States.

(1) OJ No C 166, 17. 6. 1993, p. 1.

(2) OJ No L 205, 13. 8. 1979, p. 5.

(3) OJ No L 318, 25. 11. 1988, p. 44.

(4) OJ No L 33, 8. 2. 1979, p. 1.

(5) OJ No L 291, 25. 11. 1993, p. 14.

(1) OJ No L 276, 6. 10. 1990, p. 40.

ANNEX I

PRODUCT DESCRIPTIONS AND DEFINITIONS

I. DEFINITIONS

1. Jam

- Jam is a mixture, brought to a suitable gelled consistency, of sugars, the pulp and/or purée of one or more kinds of fruit and water.

The quantity of 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 and quinces,

150 g for ginger,

160 g for cashew apples,

60 g for passion fruit.

- Extra jam is a mixture, brought to a suitable gelled consistency, of sugars, the unconcentrated pulp of one or more kinds of fruit and water. However, rosehip extra jam and seedless raspberry and blackberry extra jam may be obtained entirely or in part from unconcentrated purée of the respective fruits. The following fruits may not be mixed together for use in the manufacture of extra jam: apples, pears, clingstone plums, melons, watermelons, 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 and quinces,

250 g for ginger,

230 g for cashew apples,

80 g for passion fruit.

2. Jelly

- Jelly is an appropriately gelled mixture of sugars and the juice and/or aqueous extracts of one or more kinds 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 that laid down for the manufacture of jam. These quantities are calculated after deduction of the weight of water used in preparing the aqueous extracts.

- However, in the case of extra jelly, the quantity of juice and/or aqueous extracts used in the manufacture of 1 000 g of finished product shall not be less than that laid down for the manufacture of extra jam. These quantities are calculated after deduction of the weight of water used in preparing the aqueous extracts. The following fruits may not be mixed together for use in the manufacture of extra jelly: apples, pears, clingstone plums, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.

3. Marmalade

- Marmalade is a mixture, brought to a suitable gelled consistency, of water, 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 manufacture of 1 000 g of finished product shall not be less than 200 g of which 75 g shall be obtained from the endocarp.

- However, in the case of extra marmalade, the quantity of citrus fruit used in the manufacture of 1 000 g of finished product shall not be less than 350 g of which at least 130 g shall be obtained from the endocarp.

- The name jelly marmalade or extra jelly marmalade may be used where the product contains no insoluble matter except possibly for small quantities of finely sliced peel.

4. Sweetened chestnut purée

Creamed chestnuts is a mixture, brought to a suitable consistency, of water, sugar and at least 380 g of chestnut (Castanea sativa) purée for 1 000 g of finished product.

II. Sugars may be wholly or partially replaced by sweeteners within the meaning of Directive 94/35/EC (1).

III. Products defined in points 1 to 4 above must have a soluble dry matter content of 60 % or more as determined by refractometer.

However, Member States may authorize reserved names for products defined under points 1 to 4 which have a soluble dry matter content of less than 60 %.

IV. The terms of point III above shall not apply to products in respect of which sugars have been wholly or partially replaced by sweeteners.

V. Where fruits are mixed together, the minimum contents laid down in point I above for different kinds of fruit shall be reduced in proportion to the percentages used.

(1) OJ No L 237, 10. 9. 1994, p. 3.

ANNEX II

The following additional ingredients may be used in the products defined in Annex I:

- honey, brown sugar: all products as a total or partial substitute for sugars,

- fruit juice: only in jam, jelly and extra jelly,

- citrus fruit juice in products obtained from other types of fruit: only in jam, extra jam, jelly and extra jelly,

- red fruit juices: only in jam and extra jam manufactured from rosehips, strawberries, raspberries, gooseberries, redcurrants and plums,

- red beetroot juice: only in jam and jelly manufactured from strawberries, raspberries, gooseberries, redcurrants and plums,

- essential oils of citrus fruits: only in the products defined in Annex I point 3,

- edible oils and fats as anti-foaming agents: in all products defined in Annex I,

- liquid pectin: in all of the products defined in Annex I,

- citrus peel and leaves of Pelargonium odoratissimum: in jam, extra jam, jelly and extra jelly, where they are made from quince,

- spirits, wine and liqueur wine, walnuts, hazelnuts, almonds, aromatic herbs, spices, vanilla and vanilla extracts: in all products defined in Annex I.

ANNEX III

A. DEFINITIONS

For the purposes of this Directive, the following definitions shall apply:

1. Fruit

- Fresh, sound fruit, free from deterioration, containing all its essential constituents and sufficiently ripe for use, 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 be fruit.

- 'Ginger` means the edible root of the ginger plant in a fresh or preserved state.

2. (Fruit) 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

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 similar process.

4. Aqueous extracts (of fruit)

The aqueous extract of fruits which, subject to the losses necessarily occurring in proper manufacturing, contains all the water-soluble constituents of the fruit used.

5. Sugars

Authorized sugars are:

1. the sugars defined in Directive [73/437/EEC];

2. fructose;

3. sugars derived from fruit.

B. TREATMENT OF RAW MATERIALS

1. (a) The products defined in points 1, 2, 3 and 4 of Part A may be treated in the following ways:

- heated, chilled or frozen,

- freeze-dried,

- concentrated, to the extent that is technically possible.

(b) If the abovementioned products are intended for the manufacture of jams, jellies or marmalades, sulphur dioxide (E 220) or its salts (E 221, E 222, E 223, E 224, E 226 and E 227) may also be added to them.

2. Ginger may be dried or preserved in syrup.

3. Apricots to be used in the manufacture of jam may also be treated by other drying 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 E 227).

5. Citrus peel may be preserved in brine.