Article 1 
This Directive concerns coffee extracts and chicory extracts as defined in the Annex. This Directive does not apply to ‘café torrefacto soluble’.
Article 2 
Directive 79/112/EEC shall apply to the products defined in the Annex subject to the following conditions: (a) the product names listed in the Annex shall apply only to the products referred to therein and must be used in trade to designate them. Those names shall be supplemented by the words: — ‘paste’ or ‘in paste form’ or — ‘liquid’ or ‘in liquid form’ as appropriate. However, product names may be supplemented by the term ‘concentrated’: — in the case of the product defined in point 1(c) of the Annex, provided that the coffee-based dry matter content is more than 25 % by weight, — in the case of the product defined in point 2(c) of the Annex, provided that the chicory-based dry matter content is more than 45 % by weight; (a) the product names listed in the Annex shall apply only to the products referred to therein and must be used in trade to designate them. Those names shall be supplemented by the words: — ‘paste’ or ‘in paste form’ or — ‘liquid’ or ‘in liquid form’ as appropriate. However, product names may be supplemented by the term ‘concentrated’: — in the case of the product defined in point 1(c) of the Annex, provided that the coffee-based dry matter content is more than 25 % by weight, — in the case of the product defined in point 2(c) of the Annex, provided that the chicory-based dry matter content is more than 45 % by weight; (b) the labelling must include the term ‘decaffeinated’ in the case of the products defined in point 1 of the Annex, provided that the anhydrous caffeine content does not exceed 0,3 % by weight of the coffee-based dry matter. This information must be within the same field of vision as the sales description; (c) in the case of the products defined in points 1(c) and 2(c) of the Annex, the label must include the terms ‘with …’, ‘preserved with …’, ‘with added …’ or ‘roasted with …’ followed by the name(s) of the types of sugar(s) used. This information must be within the same field of vision as the sales description; (c) in the case of the products defined in points 1(c) and 2(c) of the Annex, the label must include the terms ‘with …’, ‘preserved with …’, ‘with added …’ or ‘roasted with …’ followed by the name(s) of the types of sugar(s) used. This information must be within the same field of vision as the sales description; (d) the labelling must indicate, in the case of the products defined in points 1(b) and (c) of the Annex, the minimum coffee-based dry matter content and, in the case of the products defined in points 2(b) and (c) of the Annex, the minimum chicory-based dry matter content. These contents shall be expressed as a percentage by weight of the finished product.
Amendment rationale: CONTEXT OF THE PROPOSAL · Grounds for and objectives of the proposal To align the existing Commission implementing powers in Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC to the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) and to confer additional delegated powers on the Commission. The Treaty makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the European Union. However, if the application of the legislative act requires uniform conditions for its implementation the Commission is authorised to adopt these acts. The alignment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC on new rules of the Treaty is based on a classification on the basis of the new philosophy of the current Commission powers. In addition, still in the context of that new philosophy, the provisions of the above mentioned Directives have also been scrutinized in order to identify possible supplementary need in term of powers to be conferred to the Commission under the new classification of the Treaty. At the end of this exercise, a draft proposal for amendment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC has been prepared. · General context Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts: – Article 290 of the TFUE allows the legislator to "delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act". Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3)). – Article 291 of the TFUE allows Member States to "adopt all measures of national law necessary to implement legally binding Union acts". Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4)) · Existing provisions in the area of the proposal Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE). Council Decision 1999/468/EC of 28 June 1999, laying down the procedures for the exercise of implementing powers conferred on the Commission, as modified by Council Decision 2006/512/EC, repealed by Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011, laying down the general principle concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. · Consistency with the other policies and objectives of the Union Not applicable.
Revised version (Article 2 ):
Directive 79/112/EEC shall apply to the products defined in the Annex subject to the following conditions: (b) the labelling must include the term ‘decaffeinated’ in the case of the products defined in point 1 of the Annex, provided that the anhydrous caffeine content does not exceed 0,3 % by weight of the coffee-based dry matter. This information must be within the same field of vision as the sales description; (d) the labelling must indicate, in the case of the products defined in points 1(b) and (c) of the Annex, the minimum coffee-based dry matter content and, in the case of the products defined in points 2(b) and (c) of the Annex, the minimum chicory-based dry matter content. These contents shall be expressed as a percentage by weight of the finished product.
Article 3 
For the products defined in the Annex, Member States shall not adopt national provisions not provided for by this Directive.
Article 4 
A decision to bring this Directive into line with the general Community provisions applicable to foodstuffs shall be taken by the Commission. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(2).
Article 5 
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council ( 8 ) 2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 6 
Directive 77/436/EEC is hereby repealed with effect from 13 September 2000. References to the repealed Directive shall be construed as references to this Directive.
Article 7 
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 13 September 2000. They shall immediately inform the Commission thereof. The laws, regulations and administrative provisions shall be applied so as to: — authorise the marketing of the products defined in the Annex if they conform to the definitions and rules laid down in this Directive, with effect from 13 September 2000, — prohibit the marketing of products which fail to conform to this Directive, with effect from 13 September 2001. However, the marketing of products failing to comply with this Directive but labelled before 13 September 2001 in accordance with Directive 77/436/EEC shall be permitted until stocks are exhausted. When Member States adopt these measures, the latter shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.
Article 8 
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities .
Article 9 
This Directive is addressed to the Member States.