CELEX: 51986PC0688
Language: en
Date: 1986-12-18
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE THIRD TIME DIRECTIVE 75/726/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING FRUIT JUICES AND CERTAIN SIMILAR PRODUCTS

No C 24/12                                 Official Journal of the European Communities                                     31.1. 87
                2. Health:
                   — health services research: operational research; planning management and evaluation,
                   — environmental health: water-related diseases; traditional medicine — tropical medicinal plants;
                3. Nutrition:
                   — nutritional deficiencies; impact of agricultural, alimentary and socio-economic strategies on
                       nutritional status,
                   — relationships between production and storage systems, food habits and health status,
                   — bioavailability of nutrients and their toxicology.
             The carrying-out of research activities envisaged for the two above subprogrammes also involves training
             and mobility of scientific personnel, team assistance and the creation of research networks.
             Proposal for a Council Directive amending for the third time Directive 75/726/EEC on the
             approximation of the laws of the Member States concerning fruit juices and certain similar
                                                                products
                                                         COM(86) 688 final
                               (Submitted by the Commission to the Council on 30 December 1986)
                                                             (87/C 24/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                Whereas to prevent fraud the           sweetening of certain
                                                                        concentrated fruit juices should       be authorized only if
Having regard to the Treaty establishing the European                   they are intended for direct sale     to the consumer, since
Economic Community, and in particular Articles 43 and                   the sweetening may not exceed         the permitted limits at
100 thereof,                                                            the final stage;
Having regard to the proposal from the Commission,
                                                                        Whereas the option under national legislation of adding
Having regard to the opinion of the European Par-                       citric acid to correct the natural acidity of grape juice
liament,                                                                and apple juice is no longer used in the Community;
Having regard to the opinion of the Economic and
Social Committee,
                                                                        Whereas the Annex to the Directive should be
                                                                        supplemented as regards the category of low-acid fruits.
Whereas Council Directive 75/726/EEC C), as last
amended by Directive 81/487/EEC (2), does not allow
fruit nectars to be produced without the addition of
sugar; whereas in view of changes in eating habits the                  HAS ADOPTED THIS DIRECTIVE:
existence of such products should be allowed;
Whereas it is not possible to extract the juice of certain
tropical fruits without the pulp; whereas it therefore                                              Article 1
appears necessary to allow the use of fruit puree in the
manufacture of certain fruit juices;                                    Directive 75/726/EEC       is hereby amended as follows:
Whereas the option of replacing all sugars by honey
within the limits laid down should be extended to all                     1. Article 1 (7) is replaced by the following:
fruit nectars, and the option of using sugars and honey
together in certain nectars should be deleted;
                                                                              '7. Fruit nectar
                                                                                  The unfermented but fermentable product,
(») OJ No L 311, 1. 12. 1975, p. 40.                                              obtained by the addition of water, with or
O OJ No L 189, 11. 7. 1981, p. 43.                                                without the addition of sugar, to fruit juice,
 ---pagebreak--- 31.1.87                                  Official Journal of the European Communities                                  No C 24/13
         concentrated fruit juice, fruit puree, concentrated          8. Article 13 is replaced by the following:
         fruit puree or to a mixture of these products                    'Article 13
         which also conforms with the Annex.'
                                                                         The identity and purity criteria for the added sub-
                                                                         stances and treatment agents referred to in Articles 4
 2. Article 4 (1) (a) is replaced by the following:
                                                                         and 7 shall be determined where necessary in
    '(a) the mixing of one or more kinds of fruit juices                 accordance with the procedure laid down in Article
          and/or fruit purees (as defined in Article 1 (2)                14.'
          and (5));'.                                                 9. Article 14 is replaced by the following:
 3. Article 7 (2) (c) is replaced by the following:                       Article 14
                                                                         Where the procedure laid down in this Article is to
   ,'(c) the total replacement of sugars with honey,                     be followed, the Commission shall decide after
          within the 20 % limit specified in (a);'.                      consulting the Standing Committee on Foodstuffs set
                                                                         up under Decision 69/414/EEC, hereinafter referred
 4. Article 7 (2) (d) is replaced by the following:                      to as "the Committee". The Committee shall discuss
                                                                         matters on which the Commission has requested an
    '(d) in the case of the production of the fruit nectars              opinion. When seeking the opinion of the
          referred to in Article 3 (2) (c) which are                     Committee, the Commission may set a time limit
          obtained from apples, pears or peaches or a                    within which such opinion shall be given. No vote
          mixture of these fruits, the addition of citric                shall be taken. However, any member of the
          acid in a quantity not greater than 5 grams per                Committee may demand that his views be set down
          litre of finished product; the citric acid may,                in the minutes.'
          however, be replaced totally or partially by an
          equivalent quantity of lemon juice.'                      10. Article 15 is deleted.
                                                                    11. Article 16 (2) is replaced by the following:
 5. Article 7 (3) and (4) is deleted.
                                                                         '2.     The derogations provided for in paragraph 1
 6. Article 8 (a) is replaced by the following:                          (c), (d), (e), (f), (g) and (h) shall cease to apply once
                                                                         a specific Directive governing their content becomes
    '(a) the treatments and processes listed in Article 4                applicable, in accordance with Article 3 of Council
          with the exception of the provisions in                        Directive . . . of . . . on the approximation of the laws
          paragraph 2 (a); however, the addition of sugars               of the Member States concerning food additives
          provided for in Article 4 (2) (a) shall be auth-               authorized for use in foodstuffs intended for human
          orized only for prepackaged concentrated fruit                 consumption.' (')
          juices intended for direct consumption and
                                                                    12. The Annex is replaced by the Annex hereto.
          provided that the sweetening is indicated in the
          name; in that case the total quantity of sugars
                                                                                                  Article 2
          added expressed in relation to the volume of the
          juice "obtained from concentrated . . . " may not         The Member States shall take the necessary measures to
          exceed the limit authorized in Article 4 (2) (a)          comply with this Directive. They shall forthwith inform
          (i) and (ii);'.                                           the Commission thereof.
                                                                    These measures shall be applied so as to:
 7. The following Article l i b is inserted after Article
    11a:                                                            — permit trade in products              conforming   with  this
                                                                        Directive on . . . ,
     'Article lib                                                   — prohibit trade in products not conforming with this
                                                                        Directive on . . ..
    The amendments necessary to adapt Articles 4, 7, 8
    and 9 and the Annex to technical progress shall be                                            Article 3
    adopted in accordance with the procedure laid down
    in Article 14.'                                                 This Directive is addressed to the Member States.
                                                                    0) Commission proposal COM(86) 87 final (OJ No C 116,
                                                                        16. 5. 1986, p. 2).
 ---pagebreak--- No C 24/14                                  Official Journal of the European Communities                                               31. 1. 87
                                                                      ANNEX
                                     SPECIAL PROVISIONS RELATING TO FRUIT NECTARS
                                                                                          Minimum total acid          Minimum juice
                                        Nectars made from                                   content expressed     and/or puree content
                                                                                             as tartaric acid        (% by weight of
                                                                                        (g/1 of finished product)   finished product)
           1. Fruits with acid juice inedible in the natural state
               Passion fruit (Passiflora edulis)                                                    8                       25
               Quito naranjillos (Solatium quitoense)                                               5                       25
               Blackcurrants                                                                        8                       25
               Whitecurrants                                                                        8                       25
               Redcurrants                                                                          8                       25
               Gooseberries                                                                         9                       30
               Sallow-thorn berries (Hippophag)                                                     9                       25
               Sloes                                                                                8                       30
               Plums                                                                                6                       30
               Quetsches                                                                            6                       30
               Rowanberries                                                                         8                       30
               Rose hips (fruits of Rosa spp.)                                                      8                       40
               Sour cherries                                                                        8                       35
               Other cherries                                                                       6(l)                    40
               Bilberries                                                                           4                       40
               Elderberries                                                                         7                       50
               Raspberries                                                                          7                       40
               Apricots                                                                             4(»)                    40
               Strawberries                                                                         5C)                     40
               Mulberries/blackberries                                                              6                       40
               Cranberries                                                                          9                       30
               Quinces                                                                              7                       50
               Other fruits belonging to this category                                            —                         25
           2. Low-acid, pulpy or highly flavoured fruits with juice inedible
               in the natural state
               Mangoes                                                                            —                         35
               Bananas                                                                            —                         25
               Guavas                                                                             —                         25
               Pawpaws                                                                            —                         25
               Litchis                                                                            —                         25
               Azeroles (Neapolitan medlars)                                                      —                         25
               Soursop (Annona muricata)                                                          —                         25
               Bullock's heart or custard apple (Annona reticulata)                               —                         25
               Sugar apples                                                                       —                         25
               Pomegranates                                                                       —                         25
               Cashew nuts                                                                        —                         25
               Spanish plums (Spondias purpurea)                                                  —                         25
               Imbu (Spondias tuberosa aroda)                                                     —                         30
               Other fruits belonging to this category                                            —                         25
           3. Fruits with juice edible in the natural state
               Apples                                                                               3 0                     50
               Pears                                                                                3 0                     50
               Peaches                                                                              3 0                     45
               Citrus fruits except lemons and limes                                                5                       50
               Pineapples                                                                           4                       50
               Other fruits belonging to this category                                                                      50
           (') Limit not applicable in the case of the product referred to in Article 3 (2) (c).