CELEX: 51986PC0613
Language: en
Date: 1987-01-12
Title: COUNCIL DIRECTIVE AMENDING DIRECTIVE 79/693/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FRUIT JAMS, JELLIES AND MARMALADES AND CHESTNUT PUREE

No C 25/8                               Official Journal of the European Communities                                  3.2.87
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
              Council Directive amending Directive 79/693/EEC on the approximation of the laws of the
                       Member States relating to fruit jams, jellies and marmalades and chestnut puree
                                                      COM(86) 613 final
                              (Submitted by the Commission to the Council on 14 January 1987)
                                                         (87/C 25/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas it is necessary to acknowledge the right of all
                                                                    consumers to be informed of a significant sulphur
                                                                    dioxide residue in a product to which Directive
Having regard to the Treaty establishing the European               79/693/EEC applies;
Economic Community, and in particular Article 43
thereof,                                                            Whereas Council Directive 85/591/EEC of 20
                                                                    December 1985 concerning the introduction of
                                                                    Community methods of sampling and analysis for the
Having regard to the proposal from the Commission,                  monitoring     of     foodstuffs    intended for  human
                                                                    consumption (2), because of its general and horizontal
                                                                    nature, makes it unnecessary to maintain a specific
                                                                    provision on sampling and analysis in Directive 79/693/
Having regard to the opinion of the European Par-
                                                                    EEC;
liament,
                                                                    Whereas in the present state of Community food
Whereas Council Directive 79/693/EEC (*), as amended                legislation the situation of certain food additives, the
by the Act of Accession of Spain and Portugal, lays                 authorization of whose use in jams and similar products
downs a number of technical rules in its Annexes;                   is provisionally left to the Member States, must be
                                                                    reviewed not within the specific framework of Directive
                                                                    79/693/EEC but in the wider framework of the general
                                                                    legislation on food additives;
Whereas the future adaptation of these rules to
technological progress is an implementing measure that
is also of a technical nature; whereas its adoption should          Whereas there is no reason why the use of red fruit
be delegated to the Commission so as to simplify and                juices should not be authorized to enhance the colour
speed up the procedure;                                             not only of jams but also of 'extra' jams made from
                                                                    certain red fruits;
Whereas the Advisory Committee procedure should be                  Whereas pursuant to Council Directive 86/102/EEC of
adopted for future action by the Standing Committee on              24 March 1986 amending for the fourth time Directive
Foodstuffs in the interests of decision-making speed and            74/329/EEC on the approximation of the laws of the
efficiency;                                                         Member States relating to emulsifiers, stabilizers,
                                                                    thickeners and gelling agents for use in foodstuffs (3),
                                                                    amidated pectin has been put on the same footing as
Whereas the Directive also requires certain amendments              pectin; whereas Directive 79/693/EEC should therefore
not caused by technical development;                                be amended accordingly;
                                                                    Whereas advantage should be taken of this amendment
Whereas with regard to the completion of the internal               to clarify the wording of certain provisions in Directive
market it is not necessary to subject products with a low           79/693/EEC,
dry-matter content to Community arrangements;
                                                                    (2) OJ No L 372, 31. 12. 1985, p. 50.
O OJ No L 205, 13. 8. 1979, p. 5.                                   (3) OJ No L 88, 3. 4. 1986, p. 40.
 ---pagebreak--- 3.2.87                                  Official Journal of the European Communities                                   No C 25/9
HAS ADOPTED THIS DIRECTIVE:                                          7. Article 12 is deleted.
                           Article 1                                 8. Article 13 is replaced by the following:
Directive 79/693/EEC is hereby amended as follows:
                                                                         Article 13
 1. In the English version of the Directive,              the           Where the procedure laid down in this Article is to
    expression 'chestnut puree' appearing:                              be followed, the Commission shall decide after
                                                                        consulting the Standing Committee on Foodstuffs,
    — in the title,                                                     hereinafter referred to as "the Committee". The
                                                                        Committee shall discuss matters on which the
                                                                        Commission has requested an opinion. "When seeking
    — in the first, fourth and fifth recitals,                          the opinion of the Committee, the Commission may
                                                                        set a time-limit within which such opinion shall be
    — in Article 1 (6),                                                 given. No vote shall be taken. However, any member
                                                                        of the Committee may demand that his views be set
                                                                        down in the minutes.'
    — in Annex I (A) (6)
    is hereby replaced by the expression 'sweetened                  9. Article 14 is deleted.
    chestnut puree'.
                                                                   10. Article 15 (2) and (3) are replaced by the following:
 2. The second subparagraph of Article 3 (2) is deleted.
                                                                        '2.     The derogations provided for in paragraph 1
                                                                        shall cease to apply once a specific directive
 3. Article 7 (2) (d) is replaced by the following:                     governing their content becomes applicable, in
                                                                        accordance with Article 3 of Council Directive...
    '(d) where the residual sulphur dioxide content is                  of. . . on the approximation of the laws of the
          more than 10 mg/kg, the words "residual                       Member States concerning food additives authorized
          sulphur dioxide" shall appear in the list of                  for use in foodstuffs           intended for human
          ingredients, as a function of the percentage by               consumption^ 1 ).
          weight of the residue in the finished product.'
 4. Article 7 (3) (b) is replaced by the following:                     0) Commission proposal COM(86) 87 final (OJ No C
                                                                             116, 16.5. 1986, p. 2).'
    '(b) the words "total sugar content: . . . g per
          100 g", the figure shown representing the value           11. Annex 11(A)(1), fourth indent is replaced by the
          determined by refractometer at 20 °C for the                  following:
          finished product, subject to a tolerance of plus
          or minus 3 refractometric degrees.'
                                                                        '— "ginger" means the edible root of the ginger
                                                                              plant.'
 5. The following Article 8a is inserted:
                                                                    12. Annex II (A) (4) is replaced by the following:
     'Article 8a
                                                                         '4. Fruit juice (juice):
    The amendments necessary to adapt the Annexes to                         Fruit juice, concentrated fruit juice and freeze-
    technical progress shall be adopted in accordance                        dried fruit juice which complies with the
    with the procedure laid down in Article 13.'                             requirements of Council Directive 75/726/EEC
                                                                             of 17 November 1975 on the approximation of
                                                                             the laws of the Member States concerning fruit
 6. Article 11 is replaced by the following:
                                                                             juices and certain similar products (*).'
     Article 11
                                                                    13. In Annex II (A), the following point 5a is inserted:
    The identity and purity criteria for products and
    substances appearing in Annexes II and III shall be                  '5a. Citrus peel (peel):
    determined where necessary in accordance with the                         The peel of citrus fruits, cleaned and with the
    procedure laid down in Article 13.'                                        endocarp removed.'
 ---pagebreak--- No C 25/10                               Official Journal of the European Communities                                            3.2.87
14. Annex II (B) is replaced by the following:                      15. Annex III (A) (1), third indent, is replaced by the
                                                                         following:
    'B. RAW MATERIALS — AUTHORIZED TREAT-
        MENT
                                                                                    Name                       Conditions of use
        1. (a) The products defined in section A (1), (2),
               (3), (5) and (5a) may in all cases be                      '— Red fruit juices          In the products defined in
               treated in the following ways:                                                          Annex I (A) (1) and (2) where
               — heated, chilled or frozen,                                                            they are obtained from one
                                                                                                       or more of the following
               — freeze-dried,                                                                         fruits: strawberries, raspberries,
                                                                                                       gooseberries, redcurrants and
               — concentrated, to the extent that it is                                                plums'
                   technically possible.
           (b) If the above-mentioned products are
               intended for the manufacture of products             16. Annex III (B), first subparagraph, is replaced by the
                                                                         following:
               defined in Annex 1 (A) (2), (4) and (5),
               sulphur dioxide (E 220) or the salts
               thereof (E221, E 222, E 223, E 224,                                  Name                       Conditions of use
               E 226, E 227) may also be added to them.
        2. Ginger may be dried or preserved in syrup.                     '— Pectin and am-            All the products defined in
                                                                          idated pectin (E 440)        Annex I, the pectin and/or
        3. Apricots for the manufacture of the product                                                  amidated pectin content of the
           defined in Annex I (A) (2) may also be treated                                              finished product not exceeding
                                                                                                        1 %'
           by other dehydration processes apart from
           freeze-drying.
        4. Chestnuts may be soaked for a short time in                                            Article 2
           an aqueous solution of sulphur dioxide                   Member States shall amend their laws, regulations and
           (E220) or the salts thereof (E221, E 222,                administrative provisions in such a way as to:
           E 223, E 224, E 226, E 227).
                                                                    — permit trade in products complying with this
        5. (a) The products defined in part A (4) may be                Directive by            (') at the latest,
               subjected to the treatments provided for in          — prohibit trade in products not complying with this
               Directive 75/726/EEC.                                    Directive with effect from                (2).
           (b) They may also be subjected             to  the       They shall forthwith inform the Commission thereof.
               treatment provided for in 1 (b).
                                                                                                  Article 3
           Products defined in part A (5a) may be
           preserved in brine.'                                     This Directive is addressed to the Member States.
                                                                    (') 12 months after notification.
                                                                    (2) 24 months after notification.