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Icqc.eu
Official Journal of the European Communities
DIRECTIVE 1999/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE of 22 February 1999 relating to coffee extracts and chicory extracts
Whereas Directive 77/436/EEC should be brought into
line with general Community legislation on foodstuffs,
particularly legislation on labelling and methods of
Having regard to the Treaty establishing the European
Community, and in particular Article 100a thereof,
Whereas the Commission is planning to propose, as soon
as possible and at all events before 1 July 2000, the
Having regard to the proposal from the Commission (1),
inclusion in Directive 80/232/EEC (5) of a range of
nominal weights for the products defined by this
Having regard to the opinion of the Economic and Social
Whereas the general food-labelling rules set out in
Council Directive 79/112/EEC of 18 December 1978 on
Acting in accordance with the procedure laid down in
the approximation of the laws of the Member States
Article 189b of the Treaty (3), in the light of the joint text
relating to the labelling, presentation and advertising of
approved by the Conciliation Committee on 8 December
foodstuffs for sale to the ultimate consumer (6) should
Whereas certain vertical Directives relating to foods
Whereas, pursuant to the principle of proportionality, this
should be simplified in order to take account only of the
Directive does not go beyond what is necessary in order
essential requirements to be met by the products they
to achieve the objectives pursued, in accordance with the
cover in order that those products may move freely within
third paragraph of Article 3b of the Treaty;
the internal market, in accordance with the conclusions
of the European Council held in Edinburgh on 11 and 12
Whereas, when this Directive is adapted in the future to
December 1992, confirmed by those of the European
general Community provisions on foodstuffs, the
Council in Brussels on 10 and 11 December 1993;
Commission will be assisted by the Standing Committee
on Foodstuffs, set up by Decision 69/414/EEC (7);
Whereas Council Directive 77/436/EEC of 27 June 1977
on the approximation of the laws of the Member States
Whereas, to avoid creating new barriers to free movement,
relating to coffee extracts and chicory extracts (4) was justi-
Member States should refrain from adopting, for the prod-
fied by the fact that differences between national laws on
ucts in question, national provisions not provided for by
coffee extracts and chicory extracts could result in condi-
tions of unfair competition likely to mislead consumers,
and thereby have a direct effect on the establishment and
Whereas the aforesaid Directive was consequently
designed to define coffee extracts and chicory extracts, to
determine which substances may be added during their
manufacture, to lay down common rules concerning the
packaging and labelling of such extracts and to specify
the conditions under which particular designations may
be used for some of these products, in order to ensure
their free movement within the Community;
This Directive concerns coffee extracts and chicory
This Directive does not apply to ‘café torrefacto soluble'.
(3) Opinion of the European Parliament of 23 October 1997 (OJ
C 339, 10. 11. 1997, p. 129), Council Common Position of 30
April 1998 (OJ C 204, 30. 6. 1998, p. 25) and Decision of the
(5) OJ L 51, 25. 2. 1980, p. 1. Directive as last amended by
European Parliament of 16 September 1998 (OJ C 313, 12.
Directive 87/356/EEC (OJ L 192, 11. 7. 1987, p. 48).
10. 1998, p. 90). Council Decision of 25 January 1999. De-
(6) OJ L 33, 8. 2. 1979, p. 1. Directive as last amended by Dir-
cision of the European Parliament of 11 February 1999.
ective 97/4/EC of the European Parliament and of the Coun-
(4) OJ L 172, 12. 7. 1977, p. 20. Directive as last amended by
Official Journal of the European Communities
The decision to bring this Directive into line with the
Directive 79/112/EEC shall apply to the products defined
general Community provisions applicable to foodstuffs
in the Annex subject to the following conditions:
shall be made in accordance with the procedure laid
(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
The Commission shall be assisted by the Standing
Committee on Foodstuffs, hereinafter referred to as ‘the
Committee', composed of representatives of the Member
States and chaired by a representative of the Commission.
The representative of the Commission shall submit
to the Committee a draft of the measures to be taken. The
However, product names may be supplemented by the
Committee shall deliver its opinion on the draft within a
time limit which the chairman may lay down according
to the urgency of the matter. The opinion shall be deliv-
— in the case of the product defined in point 1(c) of
ered by the majority laid down in Article 148(2) of the
the Annex, provided that the coffee-based dry
Treaty in the case of decisions which the Council is
matter content is more than 25 % by weight,
required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States
— in the case of the product defined in point 2(c) of
within the Committee shall be weighted in the manner
the Annex, provided that the chicory-based dry
set out in that Article. The chairman shall not vote.
matter content is more than 45 % by weight;
The Commission shall adopt the measures envisaged if
(b) the labelling must include the term ‘decaffeinated' in
they are in accordance with the opinion of the
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
If the measures envisaged are not in accordance with the
field of vision as the sales description;
opinion of the Committee, or if no opinion is delivered,
the Commission shall forthwith submit to the Council a
proposal relating to the measures to be taken. The
(c) in the case of the products defined in points 1(c) and
Council shall act by a qualified majority.
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
If, on the expiry of three months from the date on which
the matter was referred to it, the Council has not acted,
the proposed measures shall be adopted by the Commis-
This information must be within the same field of
(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
Directive 77/436/EEC is hereby repealed with effect from
the Annex, the minimum chicory-based dry matter
content. These contents shall be expressed as a
percentage by weight of the finished product.
References to the repealed Directive shall be construed as
Member States shall bring into force the laws, regu-
For the products defined in the Annex, Member States
lations and administrative provisions necessary to comply
shall not adopt national provisions not provided for by
with this Directive not later than 13 September 2000.
They shall immediately inform the Commission thereof.
Official Journal of the European Communities
The laws, regulations and administrative provisions shall
Member States shall communicate to the Commis-
sion the text of the main provisions of domestic law
which they adopt in the field governed by this Directive.
— 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
This Directive shall enter into force on the day of its
publication in the Official Journal of the European
— 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
This Directive is addressed to the Member States.
Directive 77/436/EEC shall be permitted until stocks
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 offi-
cial publication. The procedure for such reference shall be
Official Journal of the European Communities
PRODUCT DESCRIPTIONS, DEFINITIONS AND CHARACTERISTICS
1. ‘Coffee extract', ‘soluble coffee extract', ‘soluble coffee' or ‘instant coffee'
This means the concentrated product obtained by extraction from roasted coffee beans using only water as
the medium of extraction and excluding any process of hydrolysis involving the addition of an acid or a
base. Apart from those insoluble substances which it is technically impossible to remove, and insoluble oils
derived from coffee, coffee extract must contain only the soluble and aromatic constituents of coffee.
Member States shall ensure that the methods used to determine the free and total carbohydrate content of
soluble coffees are in conformity with paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC
of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for
the monitoring of foodstuffs intended for human consumption (1) and that they are validated or stand-
ardised, either already or as soon as possible. The coffee-based dry matter content must be:(a) not less than 95 % by weight in the case of dried coffee extract;(b) from 70 % to 85 % by weight in the case of coffee extract paste;(c) from 15 % to 55 % by weight in the case of liquid coffee extract. Coffee extract in solid or paste form must contain no substances other than those derived from the
extraction of coffee. Liquid coffee extract may contain edible sugars, whether or not roasted, in a proportion
2. ‘Chicory extract', ‘soluble chicory' or ‘instant chicory'
This means the concentrated product obtained by extraction from roasted chicory using only water as the
medium of extraction and excluding any process of hydrolysis involving the addition of an acid or a base. ‘Chicory' means the roots of Cichorium Intybus L., not used for the production of witloof chicory, usually
used for the preparation of beverages, suitably cleaned to be dried and roasted. The chicory-based dry matter content must be:(a) not less than 95 % by weight in the case of dried chicory extract;(b) from 70 % to 85 % by weight in the case of chicory extract paste;(c) from 25 % to 55 % by weight in the case of liquid chicory extract. Chicory extract in solid or paste form may contain not more than 1 % by weight of substances not derived
from chicory. Liquid chicory extract may contain edible sugars, whether roasted or not, to a proportion not exceeding
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