Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts
Date: 1999-02-22
Institutions: Council of the European Union, European Parliament
Subjects: coffee, foodstuff, instant product, labelling, marketing standard

L 66/26

EN

Official Journal of the European Communities

13. 3. 1999

DIRECTIVE 1999/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

of 22 February 1999

relating to coffee extracts and chicory 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,

relating to foods
Whereas certain vertical Directives
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 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 justi-
fied by the fact that differences between national laws on
coffee extracts and chicory extracts could result in condi-
tions of unfair competition likely to mislead consumers,
and thereby have a direct effect on the establishment and
functioning of the common market;

the

Whereas
consequently
aforesaid Directive was
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 specify
the conditions under which particular designations may
be used for some of these products, in order to ensure
their free movement within the Community;

(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. De-
cision 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.

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
the products defined by this
Directive;

for

the general

food-labelling rules

Whereas
in
Council Directive 79/112/EEC of 18 December 1978 on
the approximation of
the Member States
relating to the labelling, presentation and advertising of
foodstuffs for sale to the ultimate consumer (6) should
apply subject to certain conditions;

the laws of

set out

Whereas, pursuant to the principle of proportionality, this
Directive does not go beyond what is necessary in order
to achieve the objectives pursued, 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
the
Commission will be assisted by the Standing Committee
on Foodstuffs, set up by Decision 69/414/EEC (7);

on foodstuffs,

Whereas, to avoid creating new barriers to free movement,
Member States should refrain from adopting, for the prod-
ucts 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 ‘caf(cid:130) torrefacto soluble'.

(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 Dir-
ective 97/4/EC of the European Parliament and of the Coun-
cil (OJ L 43, 14. 2. 1997, p. 21).

(7) OJ L 291, 19. 11. 1969, p. 9.

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Official Journal of the European Communities

L 66/27

Article 2

Article 4

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 coffee-based dry

the Annex, provided that
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 more than 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 the anhydrous caffeine content
does not exceed 0,3 % by weight of the coffee-based
dry matter. This information must be within the same
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 . . .',
‘with added . . .' or
‘roasted with . . .' followed by the name(s) of the types
of sugar(s) used.

‘preserved with . . .',

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
minimum coffee-based dry matter content and, in the
case of the products defined in points 2(b) and (c) of
the Annex, the minimum chicory-based dry matter
content. These contents
shall be expressed as a
percentage by weight of the finished product.

the Annex,

The decision to bring this Directive into line with the
general Community provisions applicable to foodstuffs
shall be made in accordance with the procedure laid
down in Article 5.

Article 5

1.
The Commission shall be assisted by the Standing
Committee on Foodstuffs, hereinafter referred to as ‘the
Committee', composed of representatives of the Member
States and chaired by a representative of the Commission.

2.
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. The opinion shall be deliv-
ered by the majority laid down in Article 148(2) of the
is
Treaty in the case of decisions which the Council
required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States
within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

The Commission shall adopt the measures envisaged if
they are
the
Committee.

in accordance with the opinion of

If the measures envisaged are not in accordance with the
opinion of the Committee, or if no opinion is delivered,
the Commission shall forthwith submit to the Council a
relating to the measures to be taken. The
proposal
Council shall act by a qualified majority.

If, on the expiry of three months from the date on which
the matter was referred to it, the Council has not acted,
the proposed measures shall be adopted by the Commis-
sion.

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 3

Article 7

For the products defined in the Annex, Member States
shall not adopt national provisions not provided for by
this Directive.

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive not later than 13 September 2000.
They shall immediately inform the Commission thereof.

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Official Journal of the European Communities

13. 3. 1999

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
from 13
conform to this Directive, with effect
September 2001. However, the marketing of products
failing to comply with this Directive but
labelled
before 13 September 2001 in accordance with
Directive 77/436/EEC shall be permitted until stocks
are exhausted.

2. Member States shall communicate to the Commis-
sion the text of the main provisions of domestic law
which they adopt in the field governed by this Directive.

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.

Done at Brussels, 22 February 1999.

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

For the European
Parliament

The President

For the Council

The President

J. M. GIL-ROBLES

K.-H. FUNKE

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L 66/29

ANNEX

PRODUCT DESCRIPTIONS, DEFINITIONS AND CHARACTERISTICS

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 introduction of Community methods of sampling and analysis for
the monitoring of foodstuffs intended for human consumption (1) and that they are validated or stand-
ardised, 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.

‘Chicory extract',

‘soluble chicory' or ‘instant chicory'

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 production 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.

(1) OJ L 372, 31. 12. 1985, p. 50.