CELEX: 51973PC0456
Language: en
Date: 1973-03-26
Title: PROPOSAL FOR A DIRECTIVE OF THE COUNCIL concerning the harmonisation of the laws of the Member States with regard to coffee and tea extracts and their substitutes, including chicory and blends based on these extracts (Submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 456
Vol. 1973/0078
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 ---pagebreak--- COMMISSION OF THE EUS.QEBAN COMMUNITIES
                                                COM(73)456 final
                                                Brussels , 26 March 1973
                                    PROPOSAL FOR A
                               DIRECTIVE OF THE COUNCIL
                       concerning the harmonisation of the laws of
                      -the Member States with regard to coffee and
                      tea extracts and their substitutes , including
                       chicory and blends based on these extracts
                   ( Submitted to the Council by the Commission)
  COM(73 ) 4I?6 final
 ---pagebreak---                                        MOTIVATION
            " Coffee' and tea extract e , -and extracts of their substitutes
 ~ are relatively now products among foodstuffs .                  The first experimental
      processes for their fabrication may go "back . as far as one century ago ,
     and certain products had been 'introduced in 1S>16 , but only in 1950 a
     product called"instant coffee" consisting of luO/< coffee appeared on
     the market .              "   •
               The newness of these products explains the fact , that their ruling ,
   r  •      .  . .
     often very concise and incomplete , shows considerable divergences from
     one country to another , ■ in default of material . for comparison . For ..
     instance the rules concerning the designation , where they exist , are so
     different in the Member States that it is necessary to establish Commu­
     nity regulation to ensure the free movement of the products under
     consideration .                                           :               «
         ' " In elaborating this Proposal the most important problem v/as to know
  " whether it "would be useful or- even necessary - to provide for rules concer­
     ning the' degiteef of extraction , representing the quantity of green coffee
     used fbr making one kilogram of extract . . If this . would be the case ,
     provisions §buld have to be laid down as . appropriate to such necessity
     or utility . '        1            - ..."   - vk .*> <•„;*  :      r  r .t ..(v
                                                                                          ,
                                                                                     » • ••■   •
                                                                                 *   > *     1   '%
        " With' regard to' this problem the Commission same to the following
  " conclusions . "                                 .          \      j . i . j.
               In the first place it has not been established that considerations
     in the field of health would justify ruling of the degree of extraction ,
     afe already the proposal forbids the trade, ; of extracts obtained by; the
     acid hydrolysisprocess . Wot either could such considerations lead to
     prohibition of extracts obtained from a quantity of coffee inferior to
1 £ certain limit .          •• r : ..         ^
 ---pagebreak---                                                                                 I
       In the second place it has . not been proven that the degree of          |
extraction constitutes a criterion for the quality and. composition that
would permit to distinguish "between various kinds of extracts . The degree \
of extraction is only one among many , and often more important , factors
that determine the characteristics of the product , which are moreover
appreciated in a subjective way . Such other factors are for instance
the variety and the origin of the greencoffee , the composition of the            j
blend, the roasting, the extraction technique used , and the characteris- !
tics of the vjater used in the process .    Therefore , different designations |
according to the quantity of greaicoffee used, this quantity being on              |
the one hand inferior, on the other hand equal or superior to a certain j
liniit , would be misleading- to the consumer .                                    j
             ...                     .              .           .       . .. j
      However , a reference to the degree of extraction could place the
manufacturers in a concordant position in the competition , all other
factors being equal , and so give to the consumer an element of information
suitable to direct his choice , taking into account the price , between
various coffee extracts all designated as such . But it is technically
impossible to impose, the mention of the degree of extraction because
this degree may vary to some extent in the production process due for               j
instance to the nature of the coffee used. Talking into consideration ,             j
however, the fact that in most cases the quantity of green coffee used
to produce one kg of ^extract is superior to 2.3 kg , it seems reasonable
to impose in the labelling mention of : " processed from less than 2.3kg
of green coffee per kg extract " for products for which this is the case .
This solution excludes the possibility of using misleading designations
other than "ooffee extract" or the like , and obliges the manufacturer               j
only to mention a characteristic the product really possesses . Therefore            i
this solution appears in the proposal.,                                       ; j    [
      Further the proposal provides for rules , in consumers' interest ,
        concerning incorporation of additives, weight and labelling. It has j
been elaborated during a period of nearly two years , with consultation              j
 ^diffr-rent ,
of       experts                                                                      i
and of the consumers * and trade organizations and of the trade unions . In
 ---pagebreak--- the national Authorities and the private sector of the acceding sta/tea
have bean asked to give their opinions , which have been taken into
account to a great extent ; for instance , the degree of extraction
originally fixed at 2.5 has been reduced so as to suit their wishes .
 ---pagebreak---                                      PROPOSAL
                for r„ Dirccti.rr;            .   . of the Ccrtmcil concerning the
                  harmonization of the lavs cf the lecher States
                 with regard to coffee £nd tea extracts nnd their
                substitutas , including chicory and blends basod on
                                   these extracts
 THS COUNCIL OP THE EUHOPH^T CCKKUJiTTIES ;
 HAVING REGARD to the Treaty establishing the European Economic C onmunity ,
 and in particular Article 100 thereof ;
 HAVING H3GAHD to the proposal from the Conmission ;
 HAVING R3GAHD to the Opinion of the European Parliament ;
HAVING REGARD to the Opinion of the Economic and Social Cocmittee ;
HHEHEAS the legislative , regulator and administrative provisions in force
in certain Member States define extracts of coffee , tea and substitutes
thereof , including blends based on these extracts , and also the composition
of some of such extracts , determine the substances which mry be added
during the manufacture thereof and lay down specific rules with regard -
to their labelling ;
KE5EAS the differences                existing between these measures
constitute a barrier to freedom of movement of extracts of coffee , tea
and substitutes thereof , including chicory , and blends based on these
extracts ^ thus obliging the undertakings engaged in the manufacture
thereof in the C onmunity to differentiate their products according to the
Kanber State for which such products are destined; and whereas they have ,
thereby , a direct bearing on the establishment and functioning of the
cocmon market ;                                                                 "
 ---pagebreak---   WHEREAS it is in consequence necessary to dot ermine at Community level
  the        .  " rules which must Tae observed with regard to the composition
  of these products and the substances likely to be used in the manufacture thereq
  the p&cka^in3 matorialqUiR^w&ereas^i1^s%lso necessary to lay down the
  conditions on which specifio designations may be used for certain of these
  products ;
. WHEREAS without prejudice to the measures to be adopted by the Council
  ( in such matters ) it is necessary to take steps to ensure that the
  regulations at present in foroe in the Member States with regard to the
  materials and objects destined to enter into contact with foodstuffs , and
  to decaffeinating solvents and the general rules governing the labelling
  of foodstuffs should not , until tho entry into force of these Community .
  measures , constitute barriers to the freedom of movement of the products
  in question ;
  WHEREAS the determination of the procedures relating to the talcing of samples
  and to the methods of analysis necessary for chocking the composition and
  other manufacturing characteristics of these products is an implementing
  measure of a technioal nature and the adoption thereof should be assigned
  to the Commission with the aim of simplifying and accelerating the procedure ;
  WHEREAS in all cases in which the Council confers on the Commission the power
  to enforce the rules drawn up in the field of foodstuffs , it is necessary
  to provide for a procedure for setting up close cooperation between the
 Member States and the Commission witfi&mn the Standing Committee on Foodstuffs
  established by Council Decision 69/4I4/EEC of 13 November 19^9 ( l ) 5
  ( 1 ) O.J. No . L 291 of 19.11.1969 , page 9
 ---pagebreak---                                                   -3-
 niS ADOPTED THIS DIHECTIV3 :
                                              Article .1
               The Directive' shall apply to the prpducts defined in . Annex 1 ,
                                         ••   Article 2  '
               The Member States shall take any necessary measures to ensure that
 the products referred to in Article 1 are not marketed unless they are
 compatible with this Directive and its Annexes .
                                              Artiole 3
 1,            Only raw materials of a sound quality , genuine and markitable may be
used for the manufacture of the product* referred to in Article .1 .                 . .   .
                                                                                         i
2.             Only the solvents listed in Annexe 2 , Table A , are authorized for
use in the removal of caffeine from the products defined in Annex 1 , Chapters 1 ,
2 and 5 * Traces of these solvents in such products shall not exceed the limit
set in that table *                                        \                      ;
3«             No additives shall be - used in the ifianufaoture of the products             •
listed in Annex 1 , Chapter 1 .
               As regard the products listed in Annex 1 , Chapters 2 to g , only
                                                     and C
the additives listed in Annex' 2 , Tabl® B t in : the conditions governing their
use as' : set out therein , are authorized. .              • ,      -     i./,
     ■■■"                                ■^■Article' 4 :
                        *.    * •• • » • "• •                  -i .
               Only packaging materials unlikely to alter their organoleptic or
chemical" characteristics or to render them injurious to health shall be
used for the storage Of the -products listed in Article 1 .
                            ::            -. r.r                      ...    ... ...
 ---pagebreak---                                         -4-
                                     Articie 5
1«          When stored in packages with a net content more than 20 g ,
    , ■  .                         shall
products in solid or m paste form not Toe offered for retail sale otherwise
than in unit weights of 25 , 50 , 75 or 100 g or other multiples of 50 g.
2.          Notwithstanding the provisions of the preceding paragraph , the
extracts of substitutes for coffee or tea may "be offered for retail sale
in instant unit packages , the net content of which is 125 g »
                                    Article 6
            The denominations set out in Annex 1 shall apply only to the
products defined therein and shall he used to describe these products in the
trade .
                                    Article 2
            The containers , packages or labels in or under which the products
listed in Article 1 are marketed shall bear the following information in
a clearly visible , fully legible and indelible form :
            ( a) the designation allotted to such products pursuant to Article
            ( b) in the casd of products listed in Annex 1 , Chapter 1 ,
                 paragraph 2 ( a) and Obtained from a quantity of unroasted
                 coffee of less than 2,3 Kg per kg of finished product at
                 packing , the legend " manufactured from less than 2,3 kg
                 of unroasted coffee per kg of extract
                 This information shall immediately follow the designation
                 provided for in paragraph ( a) and be printed in characters
                 not less than 4 mm high and in the same colour as that of the
                 characters used for this designation :
 ---pagebreak---                                -5-
 (c ) in the case of products other than in solid or paste form,
         the ciry matter content originating in the coffee or tea
         extracts shall be expressed as a percentage of the net weight ;
 ( d) in the case of products in solid or paste form and subject to
       -the provisions under ( i)jthe net weight shall be expressed in
         grammes or kilogrammes and in the case of products in liquid
         form the net volume shall be expressed in litres or fractions
         thereof ;"                                ■       <-   ' •••
 ( e) if appropriate , in the case of the products listed in Annex 1 ,
    " Chapters 2 and 5 » the natural aromatizing substances used
         shall be stated; *        "                                   :-
 (f) in the case of the products listed in Annex 1 , Chapter 5 » the
        indication concerning the weight of coffee tea or chicory-
        extract , followed by details, din decreasing order of weight ,
        of the other raw materials used , other than water ;
 (g)' in the' case of the - product 3' listed in Znnex i', Chapter 1 , para­
        graph 2"(b) , the words " roasted with sugar Ir; ■                  -
 (h) in the case of the products listed in Annex 1 , Chapter 3 »
        paragraph 2 (a) the' sugar content by weight ; :
 ( i ) in the case of products sold in small dose package , on the sale
        packaging , -the total weight , the number of snail dose packages
   - •       ...    • .        ,  cf    •
        contained and the number cups as obtainable according to the
        directions ; '                               •
 ( j ) thennaae , together with the address or registered office , of
        the manufacturer , warehousing concern or vendor , the person
        in question being established in the Community ;
 (k) in the case of products imported from third countries , in
        addition to the information-provided for in paragraphes ( a)–( j )
' . , , the country of origin .
 ---pagebreak---                                          Article 8
              The use of any titles , narks , images or other signs figurative or
otherwise , suggesting a characteristic not possessed "by the products in
      . and* which might consequently mislead the consumer
quest ion/ is prohibited in the labelling and sales presentation of the
products defined in Annex 1 , together with the publicising of same in
whatever form .
              Especially references to the presence of substances of a savoury
or aromatic nature are not authorized unless such substances have been used
in sufficient quantities for them to affect perceptibly the organoleptic
characteristics of the products in question .
                                        Article 9 ,
                   .              .                     ι ·   .. . .
1,            The Member States shall not , for reasons concerning the composition!!
manufacturing characteristics, storage and labelling, prohibit or impede                  j
the marketing of the products referred to in Article 1 if these products
comply with the provisions of this Directive . and its Annexes .
              However , the Member States may require the information referred in
Article 7 ( e--j ) "to be expressed in their national languages ,
2,            The provisions of paragraph 1 shall not constitute an obstacle to
the maintenance by the Member States of their national provisions relating
to the protection of industrial and commercial property , particulars of
                 /c&ICl
                     registered  designations of origin .                           •
                                       Article 10
                      Shall' bo laid down . •        ....   ;        in accordance , with
the procedure provided for in Article 11 :        •
 ---pagebreak---                                                           -7-
                  ( a) the procedure relating to the taking of samples and. measuring
                         of weight ; .
                              .  ..    ...» • - '$ :•  ..
                                                             -•
                                                              ...
                  ( b) the methods of analysis required for checking the composition
                         and manufacturing characteristics of the products falling
                        withm the scope of this Directive ,
                                                      Article 11
 1, . , '         Where referenoe is made to the procedure defined in this Article ,
 the Standing Committer on Foodstuffs ^                           c
                           hereinafter called the " Committee       shall be convened
"by its chairman t either on his own initiative , or on requisition by the
representative of a Member State .
2.      . ,T ,,, The. representative pf the Commission shall submit to the Committee
a draft txt of. ;the measures to, be taken# The Committee shall deliver its
opinion on this draft within a period which the chairman may fix in relation to
the urgency of the. matter in question . It shall act by a majority of •
the votes of- the Member States . being weighted as provided for in Article I48 ( 2 )
of the Treaty .         •
■v .              The chairman shall not . take part . in the vote . _ ...
3.               (a) : the Commission shall draw up the measures envisaged when they
                       comply with the Opinion of the Committee ; - ..
                  (b) where the measures envisaged do not oomply with the Opinion
                        of the Committee , or in the absence of such an Opinion , the
                     ^.Commission shall submit to the Council without delay a proposal
                        concerning the measures to be taken . The Council shall act by
                        a qualified majority :
 ---pagebreak---                                           -8-
               (c) if, on the expiry of three months after               ' "        j
                   the date on viiich the matter was brought before the Council , I
                   the latter has not taken any action , the measures proposed       |
                   shall be adopted by the Commission .
                                      Article 12
                                                                                       I
              The Directive shall not apply to products intended for export
 to third countries insofar as it is not stated in their labelling of such
products that they comply with the rules provided for in this Directive .
                                      Article 13
 1.           Within a period of one year after the date of notification of
 this Directive , the Member States shall emend their laws in conformity with
the foregoing measures and inform the Kommission thereof forthwith .
  2,           Within a further period of two years the -thus' modified le,^islation
  ch?.ll become applicable to products manufactured in or imported into the Comnrn
3^.           Upon notification of this Directive , the Member States shall
 further ensure that the Commission is informed , in time to enable it to make
 any comments , of any subsequent draft measures of a legislative , regulatory
 or administrative nature which they contemplate adopting in the field
 governed by this Directive .
                                    ■ Article 14 •
              This Directive is addressed to the Member States .
                                                   Done d: Brussels
                      •   • ' <                    For the Council
                                                   The President
 ---pagebreak---                                             ANNEX I
                               Chapt er i ' - Coffeé ' ëxtràct s' '
                                                 g,t various stages of
1,           "Coffee extract " is the product /in any concentration , obtained
    exclusively by the aqueous extraction of roasted coffee - to the exclusion
    of any acid hydrolysis process - and containing only the soluble elements
    of coffee .
             The water used shall be recognized as potable , it may , if appropriate ,
   have been softened .
2.           A distinction is made between two types of co. fee extracts , namely :
             ( a) "Coffee extract ", " soluble ooffee " or " instant coffee " mean coffee-
                   &xtract3 the dry-matt er content of which is equal to or exceeds
                   96 % by weight .
                        These products may not comprise any element other than those
                   originating in their extraction .
   V.      ; (b)- -"Coffee extract - pdste" and "liquid coffee extract 1': ntean . cott oo-oxtrr <.
                  the dry-matter content of which does not exceed $6 % by weight "
                   and is equal to or exceeds 12 % if "these products' are sold for
                   consumption , or 7 $ if they are sold' as "a raw 'material '"for ! '
                   industry .
                        These products may.contain edib3Lea"i\ sugars in a proportion
                  less than or equal to 8 % by weight .
    . if,. -."Caffeine-free coffee extract " or . " caffeine-free      soluble coffee "
                                     ox*fcr3»cts *'                                    4 '•
   means ,, exclusivelycoffpe-*/ j*r, the caffeine content , by . weight of which ,
   calculated according to the ; dry matter .of the . extract tinder considera­
   tion , does not exceed 0,3
                                                                          « • • t• • •
 ---pagebreak---                                         -  ? -
                              Chapter 2 - Tea extracts                                 !
1.         "Tea extract " is the product at various stages of concentration
   and/or dryness , originating exclusively in the aqueous extraction of
   tea , with or without natural aromatic additives such as jasmine flowers ,
   rose petals , mint leaves , bergamot oil , mint , lemon or orange essence .
          The water used shall be recognized as potable ; it may, as appropriate
   be softened .
2.        A distinction is made between two categories of tea extract , namely ;
           ( a) "Soluble tea extracts ", " soluble tea" or "instant tea" means tea
                extract the dry-matter content of which is equal to or exceeds
                94 % by weight j
           (b ) " Concentrated tea extract " neans too, extract the dry-matter content
                of which is less than 94 % hy weight and equal to or in excess
                of 50 io by weight .
           or " soluble caf f eine^free tea " or " instant caffeine-free tea "
3. .      "Caffeine-free tea extract "/faeans exclusively taa extract of one or
   the other category listed in paragraph 2 the content by weight of anhydrous
   caffeine of which , calculated on the dry matter in the extract in consi­
   deration , does not exceed 0,3
                             Chapeter 3 - Chicory extracts
1.         "Chicory extract " is the concentrated or dried product derived
   exclusively from aqueous extraction . of the Chicorium Intrybus L. root ,
   in a non-spent , suitably cleaned , dried and roasted form . The chicory
   extract may contain a maximum of 3 $ by weight of nutrient fats and/or               I
   glucose .                                             '                   ■"         I
        ■ ' ■■■                  '                                                      I
          The water used shall be recognized as potable ; it may , as appropriate!
   be softened .
                                                                      • • • /• • •
                                                                                        I
 ---pagebreak---  2,       A distinction is made between three categories of chicory extract
 najnely '
    ( a) "Chicory extracts in soluble powder form" or " soluble chicory
          or " instant chicory" mean cichory-extract the dry-matter content of
      r ' which is equal to or in excess of $6 % by weight .
    (b) "Chicory extracts in paste form" means cichory-extract' the dry matter
          content o'f which is equal to or in excess of 32 $ by weight , and
          inferior to 96 $
    ( c) "Liquid chicory extract " or "liquid chicory" or " chicory, concentrate"
          mean cichory extract the dry-matter content of which is equal to or
                                                                          .     ,- Vi
          in excess of 16    by weight .
          xhe addition of any foreign matter to the chicory is prohibited , with
the exception of edible       sugars , whether r&asted or not .
                 Chapter 4 - Extracts of coffee and tea substitutes
1.        Extracts of coffee or tea substitutes are the product at any level
of concentration derived exclusively from the aqueous extraction of coffee
and/or tea substitutes , even in the form of mixtures .
          The water used shall be recognized as potable ; it may , as appropriate ,
be softened .
2.        Where , depending on usage , the terms " coffee" or " tea1! are employed
in certain Member States to describe substitutes not containing coffee
or tea, the designation of these substitues shall be followed by the
words " substitute " or " imitation" written in characters of the same colour
and size .
 ---pagebreak---                                     -4 -
          Chapter 5 - Blends derived from coffee afld/or tea extracts
     Blends derived from coffee pr tea extracts are blends of these extracts
to whicfh may he added one and/or other of the products listed under Chapters
3 and 4 > with other nutrients such as  edible   sugars , roasted or not , and
roasted malt or natural aromatizing substances .
     Extracts of blended tea or coffee , together with the products or
substances specified in the foregoing paragraph are also deemed to be
such blends .
 ---pagebreak---                                   AmSX 2
                                  Tabla A
                    Solvent s for the removal of caffeine
                                     Characteristics      J.!      Maximum
                                                                 authorized
                                        recpiirsd
   Designation                                                     cont ent
                                   Boiling    Distilled
                                    point     fraction
                                                        i
Dichlororaethane , methylene                            j
chloride CH   CI-                  40,7°C     39/41° C  i     ( 10 ppm
                                                              ( calculated
1.2 Dichlorothene                                             ( in chlorine
    cis G^H^Cl^                    60,3°C                     ( ions related
                                                              (to the dry
                                                              (matter
1,2 Dichlorothene                                             (
    trans C^2C12                   48,4°C
                                                              (
1,2 Dichlorothene ( ethylene                  82,5/
    chloride ) C„H.C1„             o4,l°C     84,5°C          i
Trichlorothene (Trichlorc-thy-
lene-trilene) CgHCl                86,9°C     86/88° C
Ethyl acetate (acetic ester)                  75,5/      |      10 ppm
C4H8°2                             77,1°C     78,5°C     i
 ---pagebreak---                                            Tab    B
                           pH correctors and miscellaneous ( l )
           I                                                        Maximum
                                                                  authorized
  EEC No ,                    Designation                           content
                                                             I       ( gAg)
             Sodium Carbonate                                        10
             Potassium Carbonate                                     10
             Sodium Hydroxide                                        10
             Potassium Hydroxide                                     10
 E 260       Acetic Acid                                             10
 E 300       1-Ascorbic Acid                                           0,5
 E 330       Citno Acid                                              10
 E 334     j Tartaric Acid                                  I        10
             Malic Acid
                                          Table C
                                    nti-clotting substances ( 2 )
                                                                    Maximum
                                                                  authorized
                      Designation                                   content
                                                                    (sAs)
   S odium-s i 1 i c o-aluminat e s                                   2
  Calcium-and sodium-aluminat es                                      2
  Aluminium stearate                                                  2
  Magnesium stearate                                                  2
  Collodal silica                                                     2
(1) Only for products mentioned in Annex I , Chapter 2 and 5 »
(2) Only for products mentioned in Annex I , Chapters 3 , 4 and 5 » destined for
      sale to the consumer by automatic drink serving machines .