CELEX: 51984PC0138
Language: en
Date: 1984-03-16
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/436/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES TO COFFEE EXTRACTS AND CHICORY EXTRACTS

31.3.84                                 Official Journal of the European Communities                             N o C 90/5
                                                                II
                                                        (Preparatory Acts)
                                                   COMMISSION
                 Proposal for a Council Directive amending Directive 77/436/EEC on the approximation
                           of the laws of the Member States to coffee extracts and chicory extracts
                                                       COM(84) 138 final
                                (Submitted by the Commission to the Council on 20 March 1984)
                                                         K84/C 90/06)
THE COUNCIL OF THE EUROPEAN                                         methods of analysis, and from other rival products, it
COMMUNITIES,                                                        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
Having regard to the Treaty establishing the
                                                                    and to reduce the minimum dry-matter content
European Economic Community, and in particular
                                                                    required for coffee extract and chicory extract;
Article 100 thereof,
Having regard to Council Directive 79/112/EEC of                    Whereas there is no need as a general rule to
18 December 1978 on the approximation of the laws                   maintain the provisions of Directive 77/436/EEC
of the Member States relating to the labelling, pres-               allowing Member States to derogate from the
entation and advertising of foodstuffs for sale to the              common system introduced by that Directive except
ultimate consumer ('), as amended by the Act of                     in the case of anti-caking products for the manu-
Accession of Greece, and in particular the second                   facture of extracts until such time as the relevant
paragraph of Article 20 thereof,                                    scientific knowledge has reached an acceptable level
                                                                    for the Community as a whole; whereas the use of
                                                                    such derogations by some Member States could
Having regard to the proposal from the Commission,                  impede the free movement of products that are legally
                                                                    manufactured and marketed in other Member States
                                                                    in conformity with the common system of the
Having regard to the opinion of the                 European
                                                                    Directive;
Parliament,
Having regard to the opinion of the Economic and                    Whereas, in order to facilitate trade, it is desirable to
Social Committee,                                                   maintain, with amendments, the rules on the labelling
                                                                    of products not intended to be supplied as such to the
                                                                    ultimate consumer;
Whereas Directive 79/112/EEC, in view of the first
paragraph of Article 20 thereof, does not affect the
provisions of Council Directive 77/436/EEC (2), as                  Whereas it is desirable, in view of developments in
amended by the Act of Accession of Greece; whereas                  the industry, to provide £or the existence of a
it is desirable to adapt those provisions to the rules              concentrated product in the case of chicory extract,
laid down in Directive 79/112/EEC, including
transitional or exempting provisions, in accordance
with the second paragraph of Article 20 thereof;                    HAS ADOPTED THIS DIRECTIVE:
Whereas, in view of technical progress and the need
to improve the price-quality ratio of the products and                                       Article 1
to protect them from the risk of unfair competition
                                                                    Directive 77/436/EEC is hereby amended as follows:
from similar products manufactured in non-member
countries, mainly owing to the lack of reliable
                                                                    1. Article 3 (2) is deleted.
C ) O J N o L 3 3 , 8.2. 1979, p. 1.
O OJ No L 172, 12. 7. 1977, p. 20.                                  2. Article 4 (2) is deleted.
 ---pagebreak--- N o C 90/6                            Official Journal of the European Communities                                  31.3.84
3. Article 6 is replaced by the following:                          Annex need not be indicated when that quantity is
                                                                    less than eight grams.
    'Article 6
   1.     Council Directive 79/112/EEC (') shall apply              6. (a) The name under which the product referred
   to the products referred to in paragraphs 1 and 2                         to in paragraph 1 (c) of the Annex is sold
   of the Annex.                                                             may be supplemented by the term
                                                                             "concentrated" when the coffee-based dry-
   2. (a) The name under which a product is sold                             matter content is more than 25 % by
            referred to in Article 5 of Directive                            weight.
            79/112/EEC shall be the description
                                                                        (b) The name under which the product referred
            applied to the products concerned pursuant
                                                                             to in paragraph 2 (c) of the Annex is sold
            to Article 5.
                                                                             may be supplemented by the term
       (b) It may be supplemented           by the     term                  "concentrated" when the chicory-based
            "concentrated":                                                  dry-matter content is more than 45 % by
                                                                             weight.
             (i) in the case of the product referred to in
                 paragraph 1 (c) of the Annex, provided
                 that    the   coffee-based     dry-matter
                 content is more than 25 % by weight;               C ) O J N o L 3 3 , 8.2. 1979, p. 1.'
            (ii) in the case of the product referred to in
                 paragraph 2 (c) of the Annex, provided          4. The following Article 6a is inserted:
                 that the chicory-based         dry-matter
                 content is more than 45 % by weight.                'Article 6a
   3.     Labelling shall bear the following particulars             1.    Without prejudice to the provisions in this
   in addition to those specified in Article 3 of                   field to be adopted by the Community, only the
   Directive 79/112/EEC:                                            following particulars shall be compulsory on the
                                                                    labelling of products defined in the Annex that are
   (a) the term "decaffeinated" in the case of the                  not intended to be supplied as such to the ultimate
        products referred to in paragraph 1 of the                  consumer:
        Annex, provided that the anhydrous caffeine
         content of those products does not exceed                  (a) the name under which the product is sold, in
         0,3 % by weight of their coffee-based dry-                       accordance with Article 6;
         matter content;
                                                                    (b) the net quantity, expressed in units of mass
   (b) the words "roasted with sugars" or "preserved                      (kilogram or tonne as appropriate), except in
         with sugars" in the case of the products                         the case of products put up in bulk;
         referred to in paragraph 1 (c) of the Annex
         and, if a single type of sugar is used, its name;          (c) the date of manufacture or an inscription
                                                                          enabling the batch to be identified;
   (c) the term "sugared" in the case of the products
         referred to in paragraph 2 (c) of the Annex                 (d) the name or business name and the address of
         where appropriate;                                               the manufacturer or packer, or of a seller
    (d) in the case of the products referred to in                        established within the Community.
         paragraph 1 (b) and (c) of the Annex, the
         minimum coffee-based dry-matter content                     2.     By way of derogation from paragraph 1,
         expressed as a percentage by weight of the                  Member States may retain national provisions
         finished product; l                                         which require indication of the manufacturing or
                                                                     packing premises in respect of their national
    (e) in the case of the products referred to in                   production.
         paragraph 2 (b) and (c) of the Annex, the
         minimum chicory-based dry-matter content                    3. (a) The particulars referred to in paragraph 1
         expressed as a percentage by weight of the                           (a) and (d) shall appear on the packaging or
         finished product.                                                    on a label attached thereto.
    4.     The particulars mentioned in paragraph 3 (a)                  (b) The particulars referred to in paragraph 1
    and (b) shall appear in the same field of vision as                       (b) and (c) shall appear:
    those referred to in Article 11 (3) (a) of Directive
                                                                              — either on the packaging or on a label
    79/112/EEC.
                                                                                   attached thereto,
    5.     The net quantity of the prepackaged products                       — or on the commercial documents
    referred to in paragraphs 1 (a) and 2 (a) of the                               relating to the product in question.
 ---pagebreak--- 31.3.84                                Official Journal of the European Communities                                N o C 90/7
      (c) Where the products are transported in bulk,                                        Article 2
          the particulars referred to in paragraph 1
          shall appear only on the commercial                       Member States shall take the necessary measures to
          documents relating to the product in                      comply with this Directive in such a way as to permit,
          question.                                                by 1 July 1985, trade in products which comply with
                                                                   this Directive and prohibit, on 1 July 1986, trade in
   4.    The provisions of this Article shall not affect           products which do not comply with this Directive.
   any more specific or more                  wide-ranging         They shall forthwith inform the Commission thereof.
   Community provisions in the field of metrology.'
                                                                                             Article 3
5. The Annex is amended in accordance with the
   Annex hereto.                                                   This Directive is addressed to the Member States.
                                                            ANNEX
             1. The first indent of paragraph 1 (a) is replaced by the following: '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 weight5.
             2. The first indent of paragraph 1 (b) is replaced by the following: 'means coffee extract, in paste
                form, of which the coffee-based dry-matter content is not more than 85 % and not less than
                70 % weight'.
             3. The first indent of paragraph 1 (c) is replaced by the following: 'means coffee extract, in liquid
                form, of which the coffee-based dry-matter content is not more than 55 % but greater than
                 15 % by weight'.
             4. The first indent of paragraph 2 (a) is replaced by the following: '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'.
             5. Paragraph 2 (c) is replaced by the following:
                '(c) "liquid chicory extract"
                     means chicory extract in liquid form, of which the soluble chicory-based dry-matter content
                     is less than 55 % but greater than 25 % by weight.
                     This product shall not contain any substances other than those derived by extraction. It may,
                     however, contain sugars in a proportion not exceeding 35 % by weight'.