12. 6. 76 Official  Journal  of the European  Communities No C 131/23 
Opinion  on the amended  proposal  for a Council  Directive  on the approximation  of 
the laws  of the Member  States  relating  to fruit  jams,  jellies  and  marmalades,  and 
chestnut  puree 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 202  of 4 September  1975,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 27 August  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Articles  47 and  198  of the 
Treaty  establishing  the European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at 
its 137th  plenary  session,  held  in Brussels  on 25 and  26 February  1976. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE,  HAS  ADOPTED  THE  FOLLOWING  OPINION 
Having  regard  to the request  for an opinion  made 
by the Council  of the European  Communities  on 
27 August  1975, 
Having  regard  to the  Treaty  establishing  the 
European  Economic  Community,  and  in par-
ticular  Articles  47 and  100  thereof, with  no votes  against  and  two  abstentions: 
The Committee  approves  the  Commission's 
amended  proposal,  subject  to the following  com-
ments: 
Having  regard  to the decision  taken  by its Bureau 
on 23 September  1975,  instructing  the Section  for 
Agriculture  to draw  up an opinion  on the matter, 
Having  regard  to its previous  work  on the matter, 
and in particular  its opinion  of 28 September 
1966  0, 
Having  regard  to the  report,  submitted  by the 
rapporteur,  Mr Bourel, 
Having  regard  to the  opinion  issued  by  the 
Section  for  Agriculture  at its  meeting  on  5 
February  1976, 
Having  regard  to the  discussions  at its 137th 
plenary  session,  held  on 25 and  26 February 
1976  (meeting  of 25 February  1976), 1. General  comments 
1.1. Content  and  form  of the new  proposal 
1.1.1.  On  28 September  1966,  the Committee 
unanimously  adopted  an opinion  on the  first 
proposed  Directive  on jams.  This  means  that  it 
has taken  nearly  10  years  for  an  amended 
proposal  to be submitted  to the  Council.  With 
this sort  of time  lag,  there  will  be no progress 
towards  free  movement  for food  products  within 
the EEC.  It is absolutely  essential  that  the Council 
of the European  Communities  show  a real  politi-
cal will  to put  an end  to the  procrastination 
which  up to now  has  marked  attempts  to align 
food  legislation. 
(') OJ No 63, 3. 4. 1967,  p. 986/67. 1.1.2.  But  awkward  problems  were  raised  by 
the accession  of the three  new  Member  States,  as 
No C 131/24 Official  Journal  of the European  Communities 12. 6. 76 
manufacturing  practices  and  consumer  habits 
there  were  often  different  from  those  in the 
original  Six. difficulties  existing  in certain  Member  States.  It is 
suggested  that  exceptions  should  only  apply  to 
these  States  and  for a specified  period. 
1.1.3.  The  proposal  has  been  amended  to take 
account  of present  consumption,  patterns.  Seven 
jam-type  products,  which  are assigned  prescribed 
designations,  are  to comply  with  standardized 
rules  on labelling  and  manufacture.  But,  since 
other  products  are not affected,  alignment  in this 
field  will  be partial. 
1.1.4.  For  reasons  of principle,  the Economic 
and Social  Committee  has  always  come  out  in 
favour  of 'total  harmonization',  particularly  in 
the food  sector,  since  it believes  that  this  form  of 
alignment  is the  only  one  that  meets  the  basic 
need  to protect  consumers  and  at the same  time 
ensures  equal  conditions  of competition  for Com-
munity  producers. 
However,  the Committee  can  accept  the present 
proposal  of partial  alignment  if: (a) total  align-
ment  is the ultimate  objective  to be achieved  after 
a specific  period  of time;  and  (b) the following 
conditions  are met: 
— the  seven  types  of product  covered  by the 
proposal  must  include  those  which  are most 
widely  consumed  in the  Member  States,  so 
that only  a small  number  of products  remain 
covered  by national  laws  alone.  When  new 
products  are put  on the EEC  market,  further 
categories  (with  their  own  prescribed  designa-
tion and  manufacturing  rules)  should  prompt-
ly be created  for them, 
— products  which  do not  fall  into  the  present 
seven  categories  will  in any  case  be covered 
by general  rules,  such  as those  laid  down 
in the  Directive  being  drawn  up on  food 
labelling,  and  in the draft  Directive  on dietary 
foods, 
— the  rules  covering  each  of the  present  seven 
categories  must  be completely  aligned,  other-
wise  it would  be better  to give  up all align-
ment  attempts  in this  field. 
1.1.5.  Articles  2 (2),  9 and  13 (1) provide  for 
exceptions  to this  principle.  This  is regrettable, 
even  though  the  Committee  is aware  of the 1.2. Applying  the  proposed  Directive  to other 
food products 
1.2.1.  It  is our  general  view  that  when  one  of 
the seven  products  is merely  an ingredient  (filling, 
decoration,  etc.)  of another  food  product,  it 
should  not  be compulsory  to use  the designation 
prescribed  in the Directive.  But  if the designation 
is used,  the ingredient  in question  must  comply 
with  the rules  governing  the product. 
1.2.2.  However,  certain  usages  have  become 
accepted  in  certain  Member  States.  In the 
English-speaking  world,  for  instance,  the  term 
'jelly'  is often  used  (alone  or with  other  terms) 
for ingredients  in other  foods.  The  consumer, 
however,  knows  what  is meant. 
1.2.3.  The  above  cases  should  be defined  and 
regulated  clearly  in the proposed  Directive. 
1.3. Links  between  this  proposal  for  a Directive 
and other  Directives  either  in the process  of 
being  prepared  or  to be issued  at some 
future  date 
In connection  with  various  points  already  men-
tioned  (1.1.4  and  1.2)  and  other  important  ques-
tions  — in particular  labelling  — the Committee 
observes  that  if the proposal  under  discussion  is 
to be clearly  understood  and  above  all properly 
applied,  there  must  be other  Directives  on the 
following  subjects:  dietetic  foods,  products  of the 
biscuit  and  flour  confectionery  industries,  confec-
tionery  and,  especially,  a Directive  on food  label-
ling covering  wording,  pictures  and  general  pre-
sentation. 
The Committee  points  out  that  it has just  unani-
mously  adopted  an opinion  on the revised  list of 
colouring  matters.  It expressed  the view  therein 
that care  should  be taken  that  ADI's  (acceptable 
daily  intakes)  are not  exceeded.  This  means  that 
every  foodstuff  must  be examined  from  this 
particular  angle. 
The Committee  wishes  to emphasize  that  such 
Directives  are  important  and  urgently  needed. 
12. 6. 76 Official  Journal  of the European  Communities No C 131/25 
Without  them  it is not  going  to be possible  to 
guarantee  consumers  effective  application  of the 
present  Directive.  Nor  will  it be possible  to 
ensure  that  producers  in the  Community  enjoy 
equal  conditions  of competition. 
1.4. Translation  problems 
The Committee  would  draw  the  Commission's 
attention  to the fact  that  the texts  in the different 
languages  will  have  to be rigorously  checked  with 
the assistance  of experts  on  the  products  in 
question.  In such  a specialist  field  as this,  faulty 
terminology  can  lead  to serious  problems  of 
interpretation. 
2. Specific  comments 
Citations 
In the  Committee's  view,  reference  to Treaty 
Article  43 alone  is not  enough.  As the proposed 
Directive  involves  the approximation  of national 
laws,  the Committee  asks  that  express  reference 
be made  to Treaty  Article  100. 
Article  1 
The Committee  would  draw  the  Commission's 
attention  to the fact  that  the  names  of the  seven 
categories  of jams,  etc.  in the  various  languages 
should  be re-examined  and  aligned.  It is impor-
tant,  however,  to make  sure  that  the  names 
adopted  following  this  re-examination  apply  to 
products  corresponding  to the  definitions  in 
Appendix  I. For  example,  it would  be necessary 
to make  certain  that  the  term  'preserve'  which  is 
current  in the  United  Kingdom,  applies  to pro-
ducts  covered  by the  term  'jam'  as used  in this 
Article. 
Article  2 (2) 
The Committee  cannot  endorse  this  paragraph  in 
view  of the  fact  that  it permits  Member  States  to 
restrict  the sale  of products  listed  in Article  1. 
Confusion  is bound  to result  from  the imposition 
of uniform  requirements  on:  (a)  'jams'  of the types  consumed  in eight  of the  EEC  Member 
States  and  having  a soluble  dry-matter-content  of 
61%  or more;  and  (b) 'jams'  with  a lower  sugar 
content  (minimum  content  of soluble  dry  matter 
30%).  (The  latter  account  for  the  bulk  of the 
Danish  'jams'  market.)  There  is a certain  demand 
for such  low-sugar  jams  from  consumers  in other 
Member  States  but  there  is insufficient  evidence 
to assess  how  harmonized  laws  on such  products 
should  best  be drafted  in order  to enable  this 
demand  to be met. 
The Committee  therefore  recommends  that: 
— Article  2 should  be reviewed  to ensure  free 
trade  in products  listed  in Article  1 (1) and 
having  a minimum  soluble  dry  matter  content 
of 61%, 
— the  Commission  should  closely  monitor  the 
trend  in jams  with  a soluble  dry  matter 
content  of less  than  61%;  it should,  as soon 
as there  are  sufficient  grounds  for  doing  so, 
propose  a supplementary  Directive  governing 
designations,  composition,  labelling,  and  the 
maximum  quantities  of preservatives  that  may 
be used.  As it is inevitable  that  large  quantities 
of preservative  will  have  to be used  in jams 
with  a low  sugar  content,  the  Committee 
insists  that  it be made  compulsory  for  men-
tion to be made  on the container  of the types 
of additives  used  and  the  percentage  which 
they  make  up  of the  product  offered  to 
consumers. 
Article  6(1) 
The Committee  would  like  the  requirement  to 
state  the  number  of types  of fruit  used  to be 
dropped  from  paragraph  1 (b),  since  the types  of 
fruit  have  to be indicated  in any  case.  It notes 
that other  particular  designations  may  come 
under  the  definition  of 'first-quality  jam',  for 
instance  'four  red fruits',  and  considers  that  there 
should  be an Article  listing  such  designations, 
which  could  then  be retained  in the  different 
Member  States. 
The Committee  also  asks  that  the  term  'mixed 
fruit'  should  appear  on the label  when  there  are 
three  or more  types  of fruit. 
Paragraph  1 (c) should  be deleted. 
No C 131/26 Official  Journal  of the European  Communities 12.6.76 
Article  6 (2) 
The Committee  notes  that  in view  of the lack  of 
completely  reliable  checks  a difficult  problem  is 
posed  by mentioning  both  fruit  and sugar  content 
on the label. 
One might  imagine  that  the  simplest  solution 
would  be  to check  the  percentage  of sugar 
present,  but  this  varies  according  to the quantity 
of fruit  used. 
The Committee  therefore  stresses  the  absolute 
necessity  of encouraging  attempts  to develop 
satisfactory  checking  methods.  Without  these,  the 
indications  on labels  could  turn  out to be a bogus 
form  of consumer  protection. 
As things  stand  at present,  the Committee  consi-
ders that  the  least  unsatisfactory  solution  would 
be to indicate  on the  label  the quantity  of fruit 
used  in manufacture. 
Consequently,  the second  line  of this  paragraph 
should  read: 
'expressed  as a percentage  of the weight  of fruit 
used  in relation  to the finished  product  ...' 
For the  sake  of greater  clarity,  however,  the 
Committee  suggests  that  these  provisions  should 
be replaced  by the following:  '... grams  of fruit 
per ... grams  of finished  product',  or something 
similar.  The  Committee  is aware  that  with  this 
sort of solution,  it is still  very  difficult  to check 
imported  products. 
Article  6 (5) 
The Committee  regrets  that  the  Community  has 
still not  been  able  to adopt  a common  approach 
to indicating  on labels  the additives  used  in the 
products  in question.  It calls  for the work  in this 
area to be speeded  up. 
Article  6 (6) 
The net  weight  of the  product  should  be given 
even  if it is less  than  100  g. The  latter  half  of the 
paragraph  should  therefore  be amended  accord-
ingly. 
Done  at Brussels,  25 February  1976. Article  9 
The Committee  once  more  draws  attention  to the 
fact that  this  Article  is not conducive  to the free 
movement  of the products  in question  and  refers 
back  to 'General  comments  (1.3)'.  It would  like 
the Member  States  to harmonize  the provisions  in 
this field  as soon  as possible  with  the  aim  of 
providing  consumers  with  clearer  information  on 
the products  which  are offered  for sale. 
Article  11 
The Committee  emphasizes  the  need  to have 
common  methods  of analysis  as soon  as possible; 
here use should  in particular  be made  of the work 
already  done  at international  level. 
Article  13 
The Committee  asks  that  this  Article  be reviewed 
in the light  of the  comments  made  on Article  2 
(2). 
Article  14 (b) 
The Committee  refers  back  to item  1.3 of 'Gener-
al comments'. 
Article  15 
In the  French  text  of paragraph  2, the  words 
'veillent  en outre  a communiquer'  should  be 
replaced  by 'communiquent'.  (The  only  change 
involved  in the English  text  would  be deletion  of 
the word  'Furthermore'). 
In addition,  the  word  'main'  should  be deleted, 
since  the  Commission  ought  to  receive  all 
necessary  information  from  the Member  States. 
Appendices 
The Committee  refers  to the comments  made  in 
the Report  of its Section  for Agriculture. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
12. 6. 76 Official  Journal  of the European  Communities No C 131/27 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
The following  amendments  were  rejected  during  the discussions: 
Item  1.1.4 
Insert  the following  new  paragraph  after  the present  first  paragraph: 
'Of course,  this  must  on no account  mean  that  from  now  on,  in all languages  of the 
Member  States  bar  one,  the word  "marmalade"  must  be used  exclusively  for one  specific 
type  of product,  as has  been  the  case  so far in only  one  other  Member  State.  Such  drastic 
and authoritarian  interference  in the traditions  of the  majority  of the  population  in order 
to prevent  consumers  from  being  misled  is neither  necessary  nor  likely  to win  people's 
minds  over  to European  unification.' 
Reason 
Traditionally,  consumer  habits  and  the  law  in various  Member  States  distinguish  between 
jams  and  marmalades.  If both  products  have  to be offered  as 'jams',  consumers  will 
probably  pay  too  much  for the 'marmalade'  products. 
Voting 
For:  8, against:  18,  abstentions:  8. 
Article  9 
This  paragraph  in the opinion  should  be deleted. 
Reason 
It is not  enough  merely  to ensure  the  free  movement  of goods.  Consideration  must  also  be 
given  to protecting  consumers  and  providing  them  with  information.  In some  Member 
States,  considerable  progress  has  been  made  towards  achieving  these  two  goals.  It appears 
that not  all  of the  Governments  of the  Member  States  are  in favour  of this  degree  of 
consumer  protection  and  information.  Consumer  protection  should,  however,  as a matter  of 
principle,  be harmonized  at the highest  possible  level.  This  should  in no way  jeopardize  the 
achievement  of the desired  progress. 
Voting 
Rejected  by a unanimous  vote. 
The following  paragraphs  were  deleted  from  the section  opinion  following  the adoption  of 
amendments  during  the discussions. 
Article  2 (2) 
The section  cannot  endorse  this  paragraph  in view  of the  fact  that  it permits  Member  States 
to restrict  the movement  of the products  listed  in Article  1. 
No C 131/28 Official  Journal  of the European  Communities 12. 6. 76 
Confusion  is bound  to result  from  the imposition  of uniform  requirements  on: (a) 'jams'  of 
the types  consumed  in eight  of the  EEC  Member  States  and  having  a soluble  dry  matter 
content  higher  than  61%;  and  (b) 'jams'  with  a low  sugar  content  (minimum  content  of 
soluble  dry matter  30%,  average  content  about  50%).  At the present  time  'jams'  in the latter 
category  are  manufactured  above  all in Denmark,  but  there  is a certain  demand  for them 
among  consumers  in other  countries. 
The section  would  therefore  like  Article  2 to be reviewed  with  two  objectives  in mind: 
(a) guaranteeing  free  movement  for the products  currently  listed  in Article  1 and  having  a 
soluble  dry matter  content  of 61%  or more; 
(b) laying  down  specific  rules  for jams  with  a soluble  dry matter  content  of less  than  61%; 
such  rules  should  include:  (a) designations;  and  (b) provisions  governing  composition 
and labelling,  and  the possible  authorization  of additives. 
The section  therefore  asks  that  an additional  category  be created,  covering  'jams  with  a low 
sugar  content',  and  looks  to the Commission  to submit  proposals  on this  matter. 
Opinion  on the  proposal  for  a Directive  concerning  the  Community  list  of 
less-favoured  farming  areas  within  the meaning  of Directive  75/268/EEC 
(French  overseas  departments) 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 44 of 26 February  1976,  page  5. 
On 21 January  1976,  the Council  referred  the abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Articles  47 and  198  of the 
Treaty  establishing  the European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at 
its 137th  plenary  session,  held  in Brussels  on 25 and  26 February  1976. 
The full  text  of the opinion  is as follows: A. LEGAL  BASIS  FOR  THE  OPINION 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, Having  regard  to the  Treaty  establishing  the 
European  Economic  Community,  and  in par-
ticular  Articles  47 and  198  thereof, 
Having  regard  to the request  for an opinion  made 
by the  Council  of  the  European  Com-
munities  on 21 January  1976, Having  regard  to the decision  taken  by its chair-
man,  under  Articles  46 and  47 of the  Rules  of