Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption
Date: 2001-12-20
Institutions: Council of the European Union
Subjects: consumer information, cream, fruit product, human nutrition, marketing standard, nut, product designation, sweetener

12.1.2002

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Official Journal of the European Communities

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COUNCIL DIRECTIVE 2001/113/EC

of 20 December 2001

relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human
consumption

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

(4)

Certain vertical Directives relating to foodstuffs should
be simplified in order to take account only of the essen-
tial requirements to be met by the products they cover
so that
those products may move freely within the
internal market, in accordance with the conclusions of
the European Council meeting in Edinburgh on 11 and
12 December 1992, as confirmed by those of the Euro-
pean Council meeting in Brussels on 10 and 11
December 1993.

Council Directive 79/693/EEC of 24 July 1979 on the
approximation of the laws of the Member States relating
jellies and marmalades and chestnut
to fruit
jams,
that differences
purée (4) was
justified by the fact
to the products
between national
concerned
unfair
could
competition likely to mislead consumers, and thereby
have a direct effect on the establishment and functioning
of the common market.

relating
in conditions of

laws
result

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

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 authorised additives and, for the
sake of clarity, should be recast in order to make the
the production and
rules on the

conditions

for

(1) OJ C 231, 9.8.1996, p. 27.
(2) OJ C 279, 1.10.1999, p. 95.
(3) OJ C 56, 24.2.1997, p. 20.
(4) OJ L 205, 13.8.1979, p. 5. Directive as last amended by Directive

88/593/EEC (OJ L 318, 25.11.1988, p. 44).

fruit

marketing of
jellies and marmalades and
sweetened chestnut purée intended for human consump-
tion more accessible.

jams,

(5)

(6)

(7)

(8)

(9)

The general food-labelling rules laid down in Directive
the
2000/13/EC of
Council (5) should apply subject to certain conditions.

the European Parliament and of

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

In accordance with the principles of subsidiarity and
proportionality established by Article 5 of the Treaty,
the objective of laying down common definitions and
rules for the products concerned and bringing the provi-
sions into line with general Community legislation on
sufficiently achieved by the
foodstuffs
Member States and can therefore, by reason of
the
nature of
this Directive, be better achieved by the
Community. This Directive does not go beyond what is
necessary in order to achieve the said objective.

cannot be

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (6).

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,

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 wares, pastries or biscuits.

(5) OJ L 109, 6.5.2000, p. 29.
(6) OJ L 184, 17.7.1999, p. 23.

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Article 2

Article 5

Directive 2000/13/EC shall apply to the products defined in
Annex I hereto, subject to the following conditions:

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

The product names used in Annex I may, however, be used
in addition to the name and in accordance with practices
used to designate other products which cannot be confused
with those defined in Annex I.

2. The product names 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 manufac-
tured 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 shall indicate the fruit content by including the
words ‘prepared with … g of
the
finished product, after deduction of the weight of water
used in preparing the aqueous extracts,

fruit per 100 g’ of

if appropriate.

4. The labelling shall indicate the total sugar content by the
words ‘total sugar content … g per 100 g’, the figure indi-
cated representing the value determined by refractometer at
20 °C for the finished product, subject to a tolerance of ± 3
refractometric degrees.

The sugar content need not, however, be indicated where a
nutrition claim is made for sugars on the labelling pursuant
to Directive 90/496/EEC (1).

5. The particulars referred to in point 3 and the first subpara-
graph of point 4 shall appear in the same visual field as the
product name and in clearly visible characters.

6. Where the residual content of sulphur dioxide is more than
its presence shall be indicated on the list of
10 mg/kg,
ingredients by way of derogation from Article 6(4) of
Directive 2000/13/EC.

Article 3

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

Article 4

Without prejudice to Directive 89/107/EEC (2) or to provisions
adopted in order to give it effect, only the ingredients listed in
Annex II hereto and raw materials which comply with Annex
III hereto may be used in the manufacture of the products
defined in Annex I hereto.

(1) OJ L 276, 6.10.1990, p. 40.
(2) OJ L 40, 11.2.1989, p. 27. Directive as amended by Directive 94/

34/EC (OJ L 237, 10.9.1994, p. 1).

The measures necessary for
this
Directive relating to the matters referred to below shall be
adopted in accordance with the regulatory procedure referred
to in Article 6(2):

the implementation of

— bringing this Directive into line with general Community

legislation on foodstuffs,

— adaptations to technical progress.

Article 6

The Commission shall be assisted by the Standing
1.
Committee on Foodstuffs
‘the
(hereinafter
Committee’) set up by Article 1 of Decision 69/414/EEC (3).

referred to as

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

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 7

Directive 79/693/EEC is hereby repealed with effect from 12
July 2003.

References to the repealed Directive shall be construed as refer-
ences to this Directive.

Article 8

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive before 12 July 2003. They shall forthwith inform the
Commission thereof.

The measures shall be applied so as to:

— authorise the marketing of the products defined in Annex I
if they comply with the definitions and rules laid down in
this Directive, with effect from 12 July 2003,

— prohibit the marketing of products which do not comply
with this Directive, with effect from 12 July 2004.

However, the marketing of products which fail to conform to
this Directive but which were labelled before 12 July 2004 in
accordance with Directive 79/693/EEC shall be permitted until
stocks run out.

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

(3) OJ L 291, 19.11.1969, p. 9.

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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.

Article 10

Done at Brussels, 20 December 2001.

For the Council

The President

C. PICQUÉ

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ANNEX I

NAMES, PRODUCT DESCRIPTIONS AND DEFINITIONS

I. DEFINITIONS

— ‘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. However, citrus jam may be obtained from the whole fruit, cut into strips and/or sliced.
The quantity of pulp and/or purée used for the manufacture of 1 000 g of finished product must not be less than:

— 350 g

— 250 g

— 150 g

— 160 g

— 60 g

as a general rule,

for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,

for ginger,

for cashew apples,

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, blackberry, blackcurrant,
blueberry and redcurrant extra jam may be obtained entirely or in part from unconcentrated purée of the
respective fruits. Citrus extra jam may be obtained from the whole fruit, cut into strips and/or sliced.
The following fruits may not be used mixed with others in the manufacture of extra jam: apples, pears, clingstone
plums, melons, water-melons, grapes, pumpkins, cucumbers and tomatoes.
The quantity of pulp used for the manufacture of 1 000 g of finished product must not be less than:

— 450 g

— 350 g

— 250 g

— 230 g

— 80 g

as a general rule,

for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,

for ginger,

for cashew apples,

for passion fruit.

— ‘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 must 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.

— In the case of ‘extra jelly’, however, the quantity of fruit juice and/or aqueous extracts used in the manufacture of
1 000 g of finished product must 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 used mixed with others in the manufacture of extra jelly: apples, pears, clingstone
plums, melons, water-melons, grapes, pumpkins, cucumbers and tomatoes.

— ‘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,
The quantity of citrus fruit used in the manufacture of 1 000 g of finished product must not be less than 200 g
of which at least 75 g must be obtained from the endocarp.

juice, aqueous extracts and peel.

— The name ‘jelly marmalade’ may be used where the product contains no insoluble matter except possibly for small

quantities of finely sliced peel.

— ‘Sweetened chestnut purée’ 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. Products defined in part I must have a soluble dry matter content of 60 % or more as determined by refractometer,
except for those products in respect of which sugars have been wholly or partially replaced by sweeteners.

Without prejudice to Article 5(1) of Directive 2000/13/EC, Member States may, however, in order to take account of
certain particular cases, authorise the reserved names for products defined in part I which have a soluble dry matter
content of less than 60 %.

III. Where fruits are mixed together, the minimum contents laid down in part I for different kinds of fruit must be

reduced in proportion to the percentages used.

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ANNEX II

The following additional
— honey as defined in Council Directive 2001/110/EC of 20 December 2001 relating to honey (1): in all products as a

ingredients may be used in the products defined in Annex I:

total or partial substitute for sugars,

— fruit juice: only in jam,
— citrus fruit juice:
in products obtained from other types of fruit: only in jam, extra jam,
— red fruit juices: only in jam and extra jam manufactured from rosehips, strawberries, raspberries, gooseberries,

jelly and extra jelly,

redcurrants, plums and rhubarb,

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

plums,

— essential oils of citrus fruits: only in marmalade and jelly marmalade,
— edible oils and fats as anti-foaming agents:
— liquid pectin:
— citrus peel:
— leaves of Pelargonium odoratissimum:
— spirits, wine and liqueur wine, nuts, aromatic herbs, spices, vanilla and vanilla extracts:
— vanilline:

in all products,
in jam, extra jam,

jelly and extra jelly,

in jam, extra jam,

in all products,

in all products.

jelly and extra jelly, where they are made from quince,

in all products,

(1) See page 47 of this Official Journal.

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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, sweet potatoes,

cucumbers, pumpkins, melons and water-melons are considered to be fruit,

— ‘ginger’ means the edible root of the ginger plant in a fresh or preserved state. Ginger may be dried or preserved

in syrup.

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, if necessary, 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

Authorised sugars are:

1. the sugars as defined in Directive 2001/111/EC (1);

2. fructose syrup;

3. sugars extracted from fruit;

4. brown sugar.

B. TREATMENT OF RAW MATERIALS

1. The products defined in items 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,
— with the exception of the raw materials used in the manufacture of ‘extra’ products: the use of sulphur dioxide
(E 220) or its salts (E 221, E 222, E 223, E 224, E 226 and E 227) as an aid to manufacture provided that the
maximum sulphur-dioxide content laid down in Directive 95/2/EC is not exceeded in the products defined in
part I of Annex I.

2. Apricots and plums to be used in the manufacture of jam may also be treated by other drying processes apart from

freeze-drying.

3. Citrus peel may be preserved in brine.

(1) See page 53 of this Official Journal.