31.3.84 Official Journal of the European Communities No C 90/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending Directive 77/436/EEC on the approximation 
of the laws of the Member States to coffee extracts and chicory extracts 
COM(84) 138 final 
(Submitted by the Commission to the Council on 20 March 1984) 
K84/C 90/06) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to Council Directive 79/112/EEC of 
18 December 1978 on the approximation of the laws 
of the Member States relating to the labelling, pres­
entation and advertising of foodstuffs for sale to the 
ultimate consumer ('), as amended by the Act of 
Accession of Greece, and in particular the second 
paragraph of Article 20 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 Directive 79/112/EEC, in view of the first 
paragraph of Article 20 thereof, does not affect the 
provisions of Council Directive 77/436/EEC (2), as 
amended by the Act of Accession of Greece; whereas 
it is desirable to adapt those provisions to the rules 
laid down in Directive 79/112/EEC, including 
transitional or exempting provisions, in accordance 
with the second paragraph of Article 20 thereof; 
Whereas, in view of technical progress and the need 
to improve the price-quality ratio of the products and 
to protect them from the risk of unfair competition 
from similar products manufactured in non-member 
countries, mainly owing to the lack of reliable methods of analysis, and from other rival products, it 
is desirable to abolish any requirements as to the 
minimum quantity of raw coffee and the maximum 
content of insoluble substances used in coffee extract 
and to reduce the minimum dry-matter content 
required for coffee extract and chicory extract; 
Whereas there is no need as a general rule to 
maintain the provisions of Directive 77/436/EEC 
allowing Member States to derogate from the 
common system introduced by that Directive except 
in the case of anti-caking products for the manu­
facture of extracts until such time as the relevant 
scientific knowledge has reached an acceptable level 
for the Community as a whole; whereas the use of 
such derogations by some Member States could 
impede the free movement of products that are legally 
manufactured and marketed in other Member States 
in conformity with the common system of the 
Directive; 
Whereas, in order to facilitate trade, it is desirable to 
maintain, with amendments, the rules on the labelling 
of products not intended to be supplied as such to the 
ultimate consumer; 
Whereas it is desirable, in view of developments in 
the industry, to provide £or the existence of a 
concentrated product in the case of chicory extract, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 77/436/EEC is hereby amended as follows: 
1. Article 3 (2) is deleted. 
C)OJNoL33, 8.2. 1979, p. 1. 
O OJ No L 172, 12. 7. 1977, p. 20. 2. Article 4 (2) is deleted. 
No C 90/6 Official Journal of the European Communities 31.3.84 
3. Article 6 is replaced by the following: 
'Article 6 
1. Council Directive 79/112/EEC (') shall apply 
to the products referred to in paragraphs 1 and 2 
of the Annex. 
2. (a) The name under which a product is sold 
referred to in Article 5 of Directive 
79/112/EEC shall be the description 
applied to the products concerned pursuant 
to Article 5. 
(b) It may be supplemented by the term 
"concentrated": 
(i) in the case of the product referred to in 
paragraph 1 (c) of the Annex, provided 
that the coffee-based dry-matter 
content is more than 25 % by weight; 
(ii) in the case of the product referred to in 
paragraph 2 (c) of the Annex, provided 
that the chicory-based dry-matter 
content is more than 45 % by weight. 
3. Labelling shall bear the following particulars 
in addition to those specified in Article 3 of 
Directive 79/112/EEC: 
(a) the term "decaffeinated" in the case of the 
products referred to in paragraph 1 of the 
Annex, provided that the anhydrous caffeine 
content of those products does not exceed 
0,3 % by weight of their coffee-based dry-
matter content; 
(b) the words "roasted with sugars" or "preserved 
with sugars" in the case of the products 
referred to in paragraph 1 (c) of the Annex 
and, if a single type of sugar is used, its name; 
(c) the term "sugared" in the case of the products 
referred to in paragraph 2 (c) of the Annex 
where appropriate; 
(d) in the case of the products referred to in 
paragraph 1 (b) and (c) of the Annex, the 
minimum coffee-based dry-matter content 
expressed as a percentage by weight of the 
finished product;l 
(e) in the case of the products referred to in 
paragraph 2 (b) and (c) of the Annex, the 
minimum chicory-based dry-matter content 
expressed as a percentage by weight of the 
finished product. 
4. The particulars mentioned in paragraph 3 (a) 
and (b) shall appear in the same field of vision as 
those referred to in Article 11 (3) (a) of Directive 
79/112/EEC. 
5. The net quantity of the prepackaged products 
referred to in paragraphs 1 (a) and 2 (a) of the Annex need not be indicated when that quantity is 
less than eight grams. 
6. (a) The name under which the product referred 
to in paragraph 1 (c) of the Annex is sold 
may be supplemented by the term 
"concentrated" when the coffee-based dry-
matter content is more than 25 % by 
weight. 
(b) The name under which the product referred 
to in paragraph 2 (c) of the Annex is sold 
may be supplemented by the term 
"concentrated" when the chicory-based 
dry-matter content is more than 45 % by 
weight. 
C)OJNoL33, 8.2. 1979, p. 1.' 
4. The following Article 6a is inserted: 
'Article 6a 
1. Without prejudice to the provisions in this 
field to be adopted by the Community, only the 
following particulars shall be compulsory on the 
labelling of products defined in the Annex that are 
not intended to be supplied as such to the ultimate 
consumer: 
(a) the name under which the product is sold, in 
accordance with Article 6; 
(b) the net quantity, expressed in units of mass 
(kilogram or tonne as appropriate), except in 
the case of products put up in bulk; 
(c) the date of manufacture or an inscription 
enabling the batch to be identified; 
(d) the name or business name and the address of 
the manufacturer or packer, or of a seller 
established within the Community. 
2. By way of derogation from paragraph 1, 
Member States may retain national provisions 
which require indication of the manufacturing or 
packing premises in respect of their national 
production. 
3. (a) The particulars referred to in paragraph 1 
(a) and (d) shall appear on the packaging or 
on a label attached thereto. 
(b) The particulars referred to in paragraph 1 
(b) and (c) shall appear: 
— either on the packaging or on a label 
attached thereto, 
— or on the commercial documents 
relating to the product in question. 
31.3.84 Official Journal of the European Communities No C 90/7 
(c) Where the products are transported in bulk, 
the particulars referred to in paragraph 1 
shall appear only on the commercial 
documents relating to the product in 
question. 
4. The provisions of this Article shall not affect 
any more specific or more wide-ranging 
Community provisions in the field of metrology.' 
5. The Annex is amended in accordance with the 
Annex hereto. Article 2 
Member States shall take the necessary measures to 
comply with this Directive in such a way as to permit, 
by 1 July 1985, trade in products which comply with 
this Directive and prohibit, on 1 July 1986, trade in 
products which do not comply with this Directive. 
They shall forthwith inform the Commission thereof. 
Article 3 
This Directive is addressed to the Member States. 
ANNEX 
1. The first indent of paragraph 1 (a) is replaced by the following: 'means coffee extract, in 
powder, granular, flake, cube or other solid form, of which the coffee-based dry-matter content 
is not less than 95 % by weight5. 
2. The first indent of paragraph 1 (b) is replaced by the following: 'means coffee extract, in paste 
form, of which the coffee-based dry-matter content is not more than 85 % and not less than 
70 % weight'. 
3. The first indent of paragraph 1 (c) is replaced by the following: 'means coffee extract, in liquid 
form, of which the coffee-based dry-matter content is not more than 55 % but greater than 
15 % by weight'. 
4. The first indent of paragraph 2 (a) is replaced by the following: 'means chicory extract in 
powder, granular, flake, cube or other solid form, the chicory-based dry-matter content of which 
is not less than 95 % by weight'. 
5. Paragraph 2 (c) is replaced by the following: 
'(c) "liquid chicory extract" 
means chicory extract in liquid form, of which the soluble chicory-based dry-matter content 
is less than 55 % but greater than 25 % by weight. 
This product shall not contain any substances other than those derived by extraction. It may, 
however, contain sugars in a proportion not exceeding 35 % by weight'.