EU legislation relevant to fruit juices and nectars

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1 EU legislation relevant to fruit juices and nectars Regional Workshop on Fruit and Vegetable processing Belgrade September 2009 Rudy Van der Stappen European Commission Agriculture and Rural Development

2 State of the EU legislation Council Directive 75/726/EEC of 17 November 1975 on the approximation of the laws of the Member States concerning fruit juices and certain similar products Council Directive 93/77/EEC of 21 September 1993 relating to fruit juices and certain similar products REPEALED Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption Commission Directive 2009/106/EC of 14 August 2009 amending Council Directive 2001/112/EC Council Directive 20??/?/EC? UNDER DISCUSSION 2

3 Council Directive 2001/112/EC Whereas clause(3): why a legislative act Directives 75/726/EEC and 93/77/EEC had been justified by the fact that differences between national laws concerning fruit juices and nectars intended for human consumption could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market 3

4 Council Directive 2001/112/EC Introduces a standard, as the Codex general standard for fruit juices and nectars (CODEX STAN ) Definition / Product definition (fruit juice,fruit juice from concentrate, concentrated fruit juice,fruit nectar) and reserved terms Authorised ingredients, treatments and substances / Essential composition and quality factors Labelling requirements (articles 3 and 4) No safety requirements ---- = Marketing Standard 4

5 Council Directive 2001/112/EC ARTICLE 7 as amended by 1182/2007 The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the regulatory procedure referred to in Article 8(2): bringing this Directive into line with general Community legislation on foodstuffs, adaptations to technical progress. bringing this Directive into line with developments in relevant international standards, where appropriate 5

6 What are the relevant international standards? Codex General Standard for Fruit Juices and Nectars (CODEX STAN ) AIJN Code of Practice rules should be adapted to technical progress and should take account of developments in relevant international standards, Directive 2001/112/EC should be brought into line, as far as possible, with these standards 6

7 Current situation and possible future for the Directive 2001/112/EC New Commission Directive 2009/106/EC (OJ L212/42, )>>first step in modification, Commission powers Change of labelling in article 3(6) : made with concentrate from concentrate >>codex alignment Minimum Brix values (used to facilitate the testing for minimum qulaity requirements) for 18 reconstituted (from concentrated)juices Transposition by MS by Council fruit juice Directive?>> second step in modification «possible Compromise Commission proposal» between the 2005 Codex standard and the AIJN code of practice 7

8 Possible Council fruit juice Directive (1) UNDER Alignment on Codex standard except for: DISCUSSION Keep in Directive 2001/112/EC the distinction between "fruit juices" and "fruit juices from concentrate" the Codex provision allowing to add sugar to all products should be restricted (for health concerns) 8

9 Possible Council fruit juice Directive (2) Allowing us of mandarin juice as ingredient up to 3% foresee mandatory restoration of flavours in fruit juice from concentrate with exception for pineapple juices, multi-juices of 3 or more Correspond to AIJN proposal except for 2 modifications: UNDER DISCUSSION 9

10 Possible Council fruit juice Directive (2) Correspond to AIJN proposal except for 2 modifications: UNDER DISCUSSION Allowing us of mandarin juice as ingredient up to 3% foresee mandatory restoration of flavours in fruit juice from concentrate with exception for pineapple juices, multi-juices of 3 or more 10

11 Tentative calendar Legal act under co-decision (if Treaty of Lisbon adopted) June 2010: Approval by the Commission [Dec 2010-June 2012]: Adoption by the Council and the Parliament TBT notification 11

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