CELEX: 31985L0573
Language: en
Date: 1985-12-19 00:00:00
Title: Council Directive 85/573/EEC of 19 December 1985 amending Directive 77/436/EEC on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts

Avis juridique important

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31985L0573

Council Directive 85/573/EEC of 19 December 1985 amending Directive 77/436/EEC on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts  

Official Journal L 372 , 31/12/1985 P. 0022 - 0024 Finnish special edition: Chapter 13 Volume 15 P. 0011  Spanish special edition: Chapter 13 Volume 19 P. 0049  Swedish special edition: Chapter 13 Volume 15 P. 0011  Portuguese special edition Chapter 13 Volume 19 P. 0049 

 COUNCIL DIRECTIVE    of 19 December 1985    amending Directive 77/436/EEC on the approximation   of the laws of the Member States relating to coffee   extracts and chicory extracts     ( 85/573/EEC )    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 , presentation and   advertising of foodstuffs for sale to the ultimate   consumer (1) , 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 (2) ,    Having regard to the opinion of the European   Parliament (3) ,    Having regard to the opinion of the Economic and   Social Committee (4) ,    Whereas on the basis 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 third countries , 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 it is also desirable , in view of developments in   the industry , to provide for the existence of a   concentrated product in the case of chicory extract ;    Whereas Directive 77/436/EEC (5) as amended by the   Act of Accession of Greece should therefore be   amended ,    HAS ADOPTED THIS DIRECTIVE :    Article 1    Directive 77/436/EEC is hereby amended as follows :    1 . The second indent of Article 3 (2) shall be   deleted .    2 . Article 4 shall be replaced by the following :     " Article 4    Products in solid or in paste form referred to in   Article 1 , when put up in individual packages of a   nominal weight of more than 25 g but not exceeding   10 kg , shall be offered for retail sale in packages of   the following nominal weights only : 50 g , 100 g ,   200 g , 250 g ( for mixtures of coffee and chicory extracts   only and for coffee extracts intended exclusively for   use in automatic vending machines ) , 300 g ( for coffee   extracts only ) , 500 g , 750 g , 1 kg , 1,5 kg , 2 kg ,   2,5 kg , 3 kg and multiples of a kilogram . "    3 . Article 6 shall be replaced by the following :     " Article 6    1 . Directive 79/112/EEC shall apply in accordance   with the following conditions to the products defined   in the Annex to this Directive where they are intended   to be supplied without further processing to the   ultimate consumer :     ( 1 ) ( a ) The name under which a product is sold , as   referred to in Article 5 of Directive 79/112/EEC ,   shall be the description applied to the products   concerned pursuant to Article 5 of this Directive ;     ( b ) It may be supplemented by the term   " concentrated " :     ( i ) in the case of the product defined in point 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 defined in point 2   ( c ) of the Annex , provided that the chicory-based   dry matter content is more than 45 % by weight .     ( 2 ) The following particulars , in addition to those   specified in Article 3 of Directive 79/112/EEC ,   shall be compulsory on the labelling :     ( a ) 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 ;     ( b ) in the case of the products defined in points 1   ( c ) and 2 ( c ) of the Annex :     ( i ) the term " roasted with sugar " if the   extract is obtained from the raw material roasted   with sugar ,    ii ) the terms " with sugar " , " preserved with   sugar " or " with added sugar " if the sugar   has been added to the raw material after roasting .    Where sugars of types other than sucrose are   used this must be stated instead of the term   " sugar " ;     ( c ) the minimum coffee-based dry matter   content , expressed as a percentage by weight   of the finished product , in the case of the   products defined in point 1 ( b ) and ( c ) of the   Annex ;     ( d ) the minimum chicory-based dry matter   content , expressed as a percentage by weight   of the finished product , in the case of the   products defined in point 2 ( b ) and ( c ) of the   Annex .     ( 3 ) The particulars mentioned in point ( 2 ) ( a ) and   ( b ) above shall appear in the same field of vision as   those mentioned in Article 11 ( 3 ) ( a ) of   Directive 79/112/EEC .    2 . The labelling of the products defined in the   Annex where they are not intended to be supplied   to the ultimate consumer shall include only the   following compulsory information :     - the name under wich the product is sold , as   specified in paragraph 1 ( 1 ) ( a ) ,     - the nominal net quantity in units of mass or   volume , except in the case of products put up   for sale in bulk ,     - a means of identifying the batch ,     - the name or business name and address of the   manufacturer or packager , or of a seller   established within the Community .    The particulars listed in the first subparagraph shall   appear on the packaging or a label affixed to it , or on   an accompanying document . "    4 . The Annex shall be replaced by the following :     " ANNEX    DESCRIPTIONS AND DEFINITIONS OF THE PRODUCTS    1 . Coffee extracts to which this Directive applies     ( a ) " Soluble coffee " , " instant coffee " ,   " dried coffee extract " or " dried extract   of coffee "    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 weight .    This product may not contain any substances other   than those derived from its extraction .     ( b ) " Coffee extract paste "    means coffee extract , in paste form , of wich   the coffee-based dry matter content is not more   than 85 % and not less than 70 % by weight .    This product may not contain substances other than   those derived from its extraction .     ( c ) " Liquid coffee extract "    means coffee extract in liquid form , of wich   the coffee-based dry matter content is not more   than 55 % but greater than 15 % by weight .    This product may not contain any substances other   than those derived from its extraction . However ,   it may contain edible sugars , whether or not roasted ,   in a proportion not exceeding 12 % by weight .    2 . Chicory extracts to which this Directive applies     ( a ) " Dried chicory extract " or " soluble   chicory " or " instant chicory "    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 .    This product may not contain any substances other   than those derived from its extraction . Substances   wich are not derived from chicory may not exceed 1 % .     ( b ) " Chicory extract paste "    means chicory extract in paste form , of which the   chicory-based dry matter content is not more   than 85 % and not less than 70 % by weight .    This product may not contain any substances other   than those derived from its extraction . Substances   which are not derived from chicory may not exceed 1 % .     ( c ) " Liquid chicory extract "    means chicory extract in liquid form , of which   the chicory-based dry matter content is less   than 55 % but greater than 25 % by weight .    This product may not contain any substances other   than those derived from its extraction . It may ,   however , contain sugars in a proportion not exceeding   35 % by weight . "    Article 2    Member States shall take the measures necessary   to comply with this Directive so as to permit , not   later than 1 January 1987 , trade in products complying   with this Directive and prohibit from 1 July 1988   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 .    Done at Brussels , 19 December 1985 .    For the Council    The President    M. FISCHBACH    (1) OJ No L 33 , 8 . 2 . 1979 , p. 1 .    (2) OJ No C 90 , 31 . 3 . 1984 , p. 5 .    (3) OJ No C 46 , 18 . 2 . 1985 , p. 93 .    (4) OJ No C 248 , 17 . 9 . 1984 , p. 19 .    (5) OJ No L 172 , 12 . 7 . 1977 , p. 20 .