Explanatory Memorandum to COM(2010)490 - Amendment of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption

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Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption lays down rules governing the composition, use of reserved descriptions, manufacturing specifications and labelling of the products concerned, in order to ensure their free movement within the European Union.

Commission Directive 2009/106/EC of 14 August 2009 i is the first amendment to Directive 2001/112/EC. It introduces minimum Brix values (soluble dry matter content) for 18 reconstituted fruit juices and reconstituted fruit purées and specifies the sales name to be used for fruit juice from concentrate. This amendment of the directive is based on revised international standards, in particular the Codex Alimentarius for fruit juices and nectars (Codex Stan 247-2005) and the Code of Practice of the European Fruit Juice Association (AIJN).

The present draft directive, a Directive of the Parliament and of the Council, is the second measure amending Directive 2001/112/EC and is aimed at incorporating more of the provisions of the Codex Alimentarius standard, while also taking account of the AIJN Code of Practice. This draft directive, which is technical in nature, reaffirms the distinction between fruit juice and fruit juice from concentrate, simplifies the provisions on the restitution of flavour and aroma, provides for the removal of sugar from the list of authorised ingredients and includes tomatoes in the list of fruits used for fruit juice production.

The European Union's fruit juice market represents 10% of the total consumption of non-alcoholic drinks. With regard to the segmentation of this market, the production of fruit juice from concentrate is predominant as compared to juice produced directly (respectively 87.6% and 12.4%). At the level of the world fruit juice market, the only product in which there is significant trade is fruit and fruit juice concentrate (especially orange juice), which for the most part comes from Brazil. As for juice produced directly, the countries of the European Union are essentially supplied by the Spanish market and also from Brazil.

The proposed Directive has no impact on the budget of the European Union.

This proposed directive will follow the ordinary legislative procedure provided for by the Treaty on the Functioning of the European Union. It will take account, as of now, of the redefinition of the competences of the Commission (Articles 290/291 of the Treaty). Consequently, it will amend Articles 7 and 8 of the current directive by including all implementing measures in the category of delegated acts.