CELEX: 51979PC0740
Language: en
Date: 1979-12-14
Title: Proposal for a COUNCIL DIRECTIVE amending for the second time Directive 75/726/EEC on the approxi mation of the laws of the Member States concerning fruit juices and certain similar products (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 740
Vol. 1979/0248
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(79)740 final
                                                   Brussels - 14 December 1979
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                               Proposal for a
                                COUNCIL DIRECTIVE
     amending for the second time Directive 75 / 726 / EEC on the       approxi
     mation of the laws of the Member States concerning fruit juices
     and certain similar products
                ( submitted to the Council by the Commission )
C0MC79 ) 740 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
            The aim of this proposal for a Directive is to :
            – resolve once and. for all the problem of the acidification
               of certain fruit juices arid nectars ,
            – "bring the labelling provisions for fruit juices and . similar
              products into conformity with the labelling rules for
              foodstuffs in general ,        - *
            – correct certain errors noted during implementation of the
              amended Directive .
1 » Acidification
    1.1 Council Directive 75/726/EEC of 17 November 1975 on "the approximation
        of the laws of the Member States concerning fruit juices and certain
        similar products"'", amended by Council Directive 79/168/eEC of
                         2
        5 February 1979 » permits the correction of the natural acidity of _
        certain fruit juices and nectars as follows ( cf. Article 4(2)(c),
        Article 7(2)(d), Article l6(l)(c), ( g), and (h ))s
        – pineapple .juice :   3 g of citric acid per litre of juice ; Member
                               States may also continue to authorize the use
                               of L and DL Malic acids
        – pulpy pear and peach nectars and mixtures of the two :     5 g of
          »                    citric acid per litre of nectar , which may be
                             , replaced totally or partially by an equivalent'
                               quantity of lemon juice ; Member States may also
                               continue to authorize the use of L and DL Malic
                               acids .
X0J No L 311', 1.12.1975, P. 40
2ÓJ No L 37 , 13.2.1979, p. 27
 ---pagebreak---          – grape .juice : Member States may continue to authorize the use of
                           citric acid , the maximum quantity permitted "being
                           3 g . per litre of j-uice ,
         – apple .juice : Member States may authorize the use of citric acid ,
                           the maximum quantity permitted "being 3 g per litre
                           of juice .
         – pear and peach nectars ( pulpy or non-pulpy) and mixtures of tho two
                           Member States may authorize the use of lactic acid ,
                           the maximum: dose permitted "being 5 g per litre of
                           nectar .
         The national derogations are subject to a review clause in Article
      . 16(2 ) of Directive 75/726/EEC.
    1.2 On 19 July 1978 * "the Commission submitted to the Council a proposal
         for a Directive^ designed – inter alia – to extend the possible
         use of citric acid to pulpy sweet cherry and apple nectars .
         Prom examination of this proposal within the Council , it emerged ,
         however , that such a measure was too limited to resolve all the
         problems connected with the inadequate natural acid content of
         certain juices and nectars produced iri or imported into the
         Community.    The Commission accordingly undertook to re-examine these
         problems as a whole and to present a new proposal which would enable
         them to be resolved .in an appropriate fashion^. Pending the
         drawing up of this new proposal and its adoption by the Council ,
         the latter decided , through Directive 79/l68/EEC , "to allow Member
         States to authorize the acidification of apple juice with citric
         aoid , the maximum quantity permitted being 3 gA «
 Document C0M(78)322 final
4™.    ~    -  .   , ,   ,
 The Commission had planned to present this proposal before 1 April 1979 *
 It became apparent , however , particularly when the Member States were
 consulted prior to the drafting of this proposal , that it was necessary
 to include in it provisions designed to bra^ng the labelling rules for
 fruit juices and similar products into conformity with those contained
 in Directive 79/H2/EEC relating to the labelling of foodstuffs in general ,
 even if this extension were to lead to some delay in the forwarding of
 this proposal .
 ---pagebreak--- 1.3 Having given this undertaking , -the Commission proceeded to examine
    the said matter in detail and reached the conclusion that the most
    equitable solution would ba> to abandon the use of acids proper
     ("food acids ") in the preparation, of fruit juices and nectars#
    This conclusion is "based on the following considerations :
    – It is necessary to draw a very clear distinction "between fruit
  -    juices and nectars on the one hand and further processed products ,
       notably soft-drinks , on the other.
    . Pood acids are widely used in the soft-drinks sector , where they
       meet with no fundamental objections .   Where fruit juices and
       nectars are concerned , however , such a practice is scarcely
       compatible with the very nature of these products , the main
       characteristic of which is to be derived from the fruits used#    , „
    – If , as a result of exceptional circumstances , the correction of
       the natural acidity of a fruit juice or nectar proves unavoidable ,
       it is possible to resort to the use of lemon juice , concentrated
       if necessary#
    – The use of lemon juice in place of a food acid has only a negligible
       influence on the production costs of the products thus obtained#
       There is no prospect of any lemon juice supply difficulties#
    – The various sectors of the trade consulted in this connection
       are very largely in favour of such a measure#
                      »
1#4 The aim of this proposal is , therefore , to prohibit by a fixed date
    in the future the acidification of fruit juices and nectars with
    food acids and to substitute lemon juice , concentrated if necessary#
    The use of the latter is not considered as a mixture, of several
    fruits or fruit juices when certain quantitative limits are adhered
    to# Prom the practical viewpoint , adherence to these limits means
  - that the use of lemon juice ( or concentrated lemon juice) need not
 ---pagebreak---            appear in the name under which the finished, product is sold , out
          has merely to "be mentioned in the list of ingredients .
      1.5 In the fruit juice category , the Commission proposes that acidifica­
          tion with lemon juice "be permitted for pineapples , apples , oranges
          and grapefruit and also mixtures of these fruits .   The Commission
          has indeed been informed that these four kinds of fruits are the
           ones which most often have an inadequate natural acid content .    It
          is estimated that the quantity of lemon juice necessary to obtain
          proper acidity is 2$ by volume . An equivalent quantity of
          concentrated lemon juice can be substituted .
          As regards fruit nectars , the Commission feels that acidification
          is justifiable for all fruits the juice of which is edible in its
          natural state ( cf. second paragraph of the annex to Directive
         75/726/e EC ), given that the concept of natural acidity has no
         absolute value in this case .   The quantity of lemon juice has been
         fixed at 3fo by volume . An equivalent quantity of concentrated
         lemon juice may be substituted.
2 . Labelling
     Pursuant to the first paragraph of Article 20 of Council Directive
     79/112/e EC of 18 December 1978 on the approximation of the laws of
     the Member States relating to the labelling , presentation and advertis~
                                                           5
     ing of foodstuffs for sale to the ultimate consumer , the labelling
     rules for fruit juices and similar products have been maintained for
     the time being.    The Commissiion now proposes that they be brought into
     conformity with Directive 79/H2/eeC . This is the purpose of the
     new Article 11 .   Implementation of the new labelling provisions must
     be synchronised with that of Directive 79/H2/eEC .
     As regards products not for sale to the ultimate consumer but subject
   . to the set of rules introduced by Directive 75/726/EEC ( cf. Article 2(2)),
     the Commission proposes that for the time being Member States should
     be free to lay down labelling rules applicable thereto .    This situation
     will be reviewed when the Council has adopted a supplementary Directive
     relating to the labelling of products not yet to be delivered as such
     to the ultimate consumer.
30J No L 33 , 8.2.1979» P. 1
 ---pagebreak--- Other matters
3.1 The second indent of Article 4(l)(b) of Directive 75/726/EEC
     authorises the uee of " silica eterogol ".  This term is incorrect
     and should "be replaced "by the expression " silicon dioxide as a gel
     or colloidal solution", in accordance with the terminology used in
    Article 4 of Council Regulation (EEC) No I678/77 of 19 July 1977^
     relating to oenological practices ,
3.2 The first subparagraph of Article 6 of Directive 75/726/EEC
     stipulates that , exceptions apart , the sulphur dioxide content of a
     "fruit juice", as determined "by analysis , shall not exceed 10 mg/l .
     It would appear that the term "fruit juice" is not appropriate here
    "but that the limit in question is applicable to all the products
     defined in Article 1(5 )–( 8 ) • This limit corresponds to the
     ""blank value", i.e. that it is equivalent to absence of sulphur
     dioxide .
This proposal is based on Article 43 and 100 of the Treaty as it
relates to both agricultural and non-agricultural products .
Consultation of the European Parliament is required by recourse to
Article 43 .   In addition, the second subparagraph of Article 100
requires the European Parliament and the Economic and Social Committee
to be consulted since implementation of the Directive now proposed will
involve the amendment of the legislative provisions obtaining in
certain Member States .               ,
 ---pagebreak---               Proposal for a Council Directive amending for the
               second time Directive 75/726/EEC on the approximation
               of the laws of the Member States concerning fruit
               juices and certain similar products
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
 and in particular Articles 43 and 100 thereof ;
Having regard to the proposal from the Commission}
Having regard to the opinion of the European Parliament ;
Having regard to the opinion of the Economic and Social Committee ;
                                       1         .....       . .               2
Whereas Council Directive 75/ 726/EEC , as amended by Directive 79 / 168 / EEC
authorizes the use , either throughout the Community or pursuant to national
laws , of certain acids to correct the inadequate natural acidity of several
fruit juices and nectars ;
Whereas it is advisable to sedc an overall solution to all the problems posed
"by the need to increase the acidity of fruit juices and neotars, and whereas
this solution should not be restricted to the national derogation which are
the subject of the review clause in Article 16(2 ) of
Directive 75/726/EEC ;
X0J No L 311 , 1.12.1975, P. 40
 20J No L 37 , 13.2.1979, P. 27
 ---pagebreak---  Whereas a clear distinction should be drawn between fruit juices
 and nectars on the one hand and further processed products such as soft
 drinks on the others
                                                                             > v
Whereas the use of an acid proper is incompatible with the very nature
 of fruit juices and nectars , the main intrinsic characteristics of which
 should be derived from the fruits used ;
Whereas the use of lemon juice , concentrated if necessary , to offset
a certain lack of natural acidity is the most appropriate means of
attaining this objective ;                              ' '    .        -
Whereas , however , suoh a practice cannot "be freely authorized "but should
"be restricted to the kinds of fruits for which it is technically justifiable ;
Whereas it is advisable to prevent the use of lemon juice , concentrated if
 necessary , for acidification purposes and within the limits imposed , fron .
being considered to constitute a mixrture of fruits or juices of different "
kinds ;           .                               >
Whereas Council Directive 79/H2/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 consumer3 , pursuant
to the first paragraph of Article 20 thereof , did not affect the provisions
 of Directive 75/726/eEC relating to the labelling and presentation of fruit
 juices and similar products ;
Whereas these " provisions should , pursuant to the second paragraph     ,
 of Artiole 20 of Directive 79/H2/EEC , be adapted to the rules
 laid down in the said Directive ; .
Whereas the implementation of the new labelling arrangements for fruit
 juices and similar products should coincide with that of Directive
 79 / 122 / EEC ;                                           ,    .
30J Nq L 33 , 8;^.1979 , p. 1
 ---pagebreak---  Whereas pending the adoption of Community provisions in this field , the
 Member States should for the time "being be free to lay down rules governing
the labelling of products n<~' ' for sals to the ultimate consumer ;
 Whereas the tenth indent of Article 4(l )(*>) of Directive 75/726/EEC
 provides for the use of " silica aerogel";
Whereas this term is incorrect and should "be replaced "by the expression
 • silicon dioxide as a gel or collodial solution", as in the provisions
relating to oenplogical processes laid, down "by Annex III(2)(m ) to Council
                                                   A                            L
Regulation ( EEC ) No 337 / 79 on the common organization of the market in wine
Whereas the first paragraph of Article 6 of Directive 75/726/EEC states
that , exceptions apart , the sulphur dioxide content of a "fruit juice ", as
determined lay analysis , shall not exceed 10 mg/l ;
Whereas this rule should apply to all the products defined in Article 1
( 5 ) to ( 8 ) of Directive 75 /726 / EEC,
HAS ADOPTED SHIS DIRECTIVE :
                                   Article 1
Directive 75/726/EEC is hereby amended as follows :
1 . In the tenth indent of Article 4(l)(b ^ " silica aerogel "
     shall "be replaced "by " silicon dioxide as a gel or collodial solution ".
2»,Article 4(2)(c ) shall be replaced by the following :
     "( c ) in the case of pineapple , apple , orange and grapefruit juice
            and mixtures of the: se    juices ,   the addition, for their
            correction, of lemon juice in a quantity not greater than 2fo
            by volume or of sin equivalent quantity of concentrated lemon
            juice , this addition not being , regarded as mixing within the
            meaning of paragraph 1(a)".
40J No L.- 54, 5.3.1979, p.1
 ---pagebreak---   Article 4(3 ) shall be replaced by the following :
"3 . The additions referred to in paragraph 2(a) and ( c) may not "be
      cumulative for the same fruit juice".
Article '4(4) shall he deleted#                          ■»
The first paragraph of Article 6 shall be replaced by the
following :
"Unless otherwise provided for in this Directive , the sulphur dioxide
  content of the products defined in Article l(5 ) t0 ( 8 ), as determined
 by analysis , shall not exceed 10 mg per litre".
Article 7(2)(d ) shall be replaced by the following :
"( d) in the case of the fruit nectars which are obtained from one or
       more of the fruits referred to in paragraph II of the .Annex , the
       addition , for their correction , of lemon juice in a quantity not
       greater than ¥fo by volume or of an equivalent quantity of concentrated
       lemon juice , this addition not "being regarded as mixing within the
       meaning of Article 4(l)(a) or of paragraph l(a);".
Article 7(3 ) shall "be deleted .
Article 11 . shall be replaced by the following :
                                " Article 11
1 . Directive 79/112/EEC shall apply to" the products defined in
    Article l ( 5 ) to ( 8 ) in accordance with the , following ,provisions .
2 . ( a) The names under which the products defined in Article l ( 5 )_ to ( 8 >
         are sold shall be the name reserved for them pursuant to
         Article 3 ( 1 ) • ( 2 ) and ( 3 ).
         However ,
         ( i ) the use of the description "fruit nectar" may be made
               optional by Member States for one oy'more of the products
 ---pagebreak---                                     - 5 -
                 referred to in Article 3(2 ) where "the descriptions listed
                 therein are used to desif^rato these products :
          ( ii ) for the product defined in Artrcle l(8 ), the adjective
                 "dried" may "be accompanied or replaced "by particulars of
                 the specific process used ( e.g. freeze-dried or any other
                 similar reference ).
    (*b ) The names under which they are sold shall he supplemented :
          ( i ) for products manufactured from two or more kinds of fruit ,
                 except as regards the use of lemon juice or concentrated
                 lemon juice in accordance with Article 4(2)(c ) and
                 Article 7(2)(d), by a list of the fruits used , in descending
                 order of the weight of the fruit juices or purges included ,
                 where appropriate after restoration ; the use of the term , " fruit'
                 shall be optional in this case ;
          ( ii ) for fruit juices with sugars added in accordance with
                 Article 4(2)(a)(ii ), "by the declaration " sweetened",
                 followed "by a clear indication of the maximum quantity
                 of sugars added , calculated as dry matter and expressed
                 as grammes per litre ; the quantity indicated may not
                 exceed the actual quantity added "by more than 15
          (iii) for the fruit nectars referred to in Article 3(2)(c )
                 which are not designated "by the description " succo    e
                 polpa" alone , in accordance with the national provisions
                 referred to in ( a)(i ), "by the declaration " contains
                 fruit pulp" or an equivalent expression.
3 . An obligation to declare the list of ingredients shall apply ,
    subject to the following derogations :
    ( a) ( i ) the restoration to its original state , "by means of the
 ---pagebreak---                  substances strictly necessary for this operation
                 ■■ of fruit juice from a concentrated fruit juice ,
                 – of a fruit purée from a concentrated fruit purée ,
       (Ui
         ii ); "the restoration of the aroma
                 – to - concentrated fruit juice
                 – to dried fruit juice
                 shall not involve an obligation to declare the list of the
                 ingredients used for this purpose .
(b
(b)) The substances listed in the first indent of Article 4(2)(b)
       shall not be considered as ingredients of one of the products
      defined in Article l(5 ) to ( 8 ) where the sulphur dioxide content
       of these products , as determined by analysis , does not exceed
       10 mg per litre *
( c) The carbon dioxide which may be contained in the products
      defined in Article l(5 )» ( 6 ) and (7 ) in quantities not exceeding
      2 g per litre shall not be considered as an ingredient of these
      products .
Indication of the following particulars shall also be' compulsory
on the labelling of the products defined'in Article l(5)' to ( 8 ):
( a) for fruit juioe and nectar obtained wholly or partially from <
      a concentrated product , except as regards the use of concentrated
      lemon juice in accordance with Article 4(2 ) ( c) and Article
      *7 ( 2 ) C d) y the declaration "contains •••••• made from concentrate",
      plus the name of the concentrated product used ;
(b) for the products defined in Article l(5 )» ( 6 ) and (7 )» "the
      carbon dioxide content of which is greater than 2 g per litre ,
      the declaration " carbonated";
( c ) for concentrated fruit juice and dried fruit juice , an
      indication of the quantity of water to be added to reduce the
      product to the normal density of the corresponding fruit juice ;
 ---pagebreak---                                              - 7 -
           ( d ) for fruit nectars , the actual minimum content of fruit juice ,
                  fruit puree or mixture of these ingredients , by the declaration
                  "fruit content : ....... $ minimum"#
     '5 . The particulars referred to in paragraph 4(a), ( b ) and ( d) shall
           appear in the same field of vision as those referred to in
           Article ll(3)(a) of Directive 79/H 2/EEC .
      6 . The addition of L–Ascorbic acid as provided for in Article 4(l)(b )
           shall not authorize any reference to vitamin C«V
 9 . The following Article 11 , a shall be inserted :
                                         Article 11
           Subject             to the provisions to "be adopted "by the Community in
      this field , the Member States shall remain free to determine the
      labelling rules for the products referred to in Article 2(2 ) which
      axe not to be delivered as such to the ultimate consumer ."
10 . Article l6(l)(e ), ( g) and (h ) shall be deleted.
11 . Article 16(2 ) shall be replaced by the following :
      " 2 . Within five years following notification of this Directive , the
            Commission shall re-examine the derogations in paragraph 1(a ),
             ( b ), ( d) and ( f ) and shall propose any necessary amendments to
            the Council .".
                                         Article 2
 1 . Member States shall           amend their laws as necessary to comply
      with this Directive, and shall forthwith inform the Commission thereof ;
      the laws thus amended shall apply so as to :
      – permit trade in those products which comply with this Directive ,
         not later than two years after notification ;
 ---pagebreak---     - prohibit "trade in -those products which do not comply with this
       Directive , three years after notification.
2 . Notwithstanding the second indent of paragraph 1 , the time limit for
    the prohibition of trade in products the labelling of which does not
     comply with Article 11 of Directive 75/726/E3G , as amended by Article
    1(8 ) of this Directive , shall "be that referred to in the second indent
    of Article 22(1 ) of Directive " 79 / 1*1 2 / EEC
                                       Article 3
This Directive is addressed to the Member States *
Done at                      "                        For the Council
                                                      The President