EC relating to fruit juices and certain similar products intended for human consumption - Main contents

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dossier	COM(2010)490 - Amendment of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human ...
document	COM(2010)490
date	April 19, 2012

ANNEX

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ANNEX I

PRODUCT NAMES, DEFINITIONS OF PRODUCTS AND CHARACTERISTICS

I. DEFINITIONS

(a) Fruit juice

The fermentable but unfermented product obtained from the edible part of fruit which is sound and ripe, fresh or preserved by chilling or freezing of one or more kinds mixed together having the characteristic colour, flavour and taste typical of the juice of the fruit from which it comes.

Flavour, pulp, and cells obtained by suitable physical means from the same species of fruit may be restored to the juice.

In the case of citrus fruits, the fruit juice must come from the endocarp. Lime juice, however, may be obtained from the whole fruit.

Where juices are processed from fruits with pips, seeds and peel, parts or components of pips, seeds and peel shall not be incorporated in the juice. This provision shall not apply to cases where parts or components of pips, seeds and peel cannot be removed by good manufacturing practices.

The mixing of fruit juice with fruit purée is authorised in the production of the fruit juice.

(b) Fruit juice from concentrate

The product obtained by reconstituting concentrated fruit juice defined in point 2 with potable water that meets the criteria set out in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (1).

The soluble solids content of the finished product shall meet the minimum Brix level for reconstituted juice specified in Annex V.

If a juice from concentrate is manufactured from a fruit not mentioned in Annex V, the minimum Brix level of the reconstituted juice shall be the Brix level of the juice as extracted from the fruit used to make the concentrate.

Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the fruit juice from concentrate.

The fruit juice from concentrate is prepared by suitable processes, which maintain the essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice of the fruit from which it comes.

The mixing of fruit juice and/or concentrated fruit juice with fruit purée and/or concentrated fruit purée is authorised in the production of fruit juice from concentrate.

2. Concentrated fruit juice

The product obtained from fruit juice of one or more fruit species by the physical removal of a specific proportion of the water content. Where the product is intended for direct consumption, the removal shall be at least 50 % of the water content.

Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the concentrated fruit juice.

3. Water extracted fruit juice

The product obtained by diffusion with water of:

—	pulpy whole fruit whose juice cannot be extracted by any physical means, or

—	dehydrated whole fruit.

4. Dehydrated/powdered fruit juice

The product obtained from fruit juice of one or more fruit species by the physical removal of virtually all the water content.

5. Fruit nectar

The fermentable but unfermented product which:

—	is obtained by adding water with or without the addition of sugars and/or honey to the products defined in points 1 to 4 to fruit purée and/or to concentrated fruit purée and/or to a mixture of those products, and

—	meets the requirements of Annex IV.

Without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (2), where fruit nectars are manufactured without added sugars or with reduced energy value, sugars may be replaced wholly or partially by sweeteners, in accordance with Regulation (EC) No 1333/2008.

Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the fruit nectar.

II. AUTHORISED INGREDIENTS, TREATMENTS AND SUBSTANCES

1. Composition

The species corresponding to the botanical name in Annex V shall be used in the preparation of fruit juices, fruit purées and fruit nectars bearing the product name for the applicable fruit or the common name of the product. For fruit species not included in Annex V, the correct botanical or common name shall apply.

For fruit juice the Brix level shall be the one of the juice as extracted from the fruit and shall not be modified, except by blending with the juice of the same species of fruit.

The minimum Brix level established in Annex V for reconstituted fruit juice and reconstituted fruit purée is exclusive of the soluble solids of any added optional ingredients and additives.

2. Authorised ingredients

Only the following ingredients may be added to the products referred to in Part I:

—	Vitamins and minerals as authorised in Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (3);

—	Food additives authorised in accordance with Regulation (EC) No 1333/2008;

and in addition:

—	For fruit juice, fruit juices from concentrate and concentrated fruit juices: restored flavour, pulp and cells;

—	For grape juice: restored salts of tartaric acids;

—

For fruit nectars: restored flavour, pulp and cells; sugars and/or honey up to 20 % of the total weight of the finished products; and/or sweeteners;

A claim stating that sugars have not been added to fruit nectar, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain any added mono- or disaccharides or any other food used for its sweetening properties, including sweeteners as defined in Regulation (EC) No 1333/2008. If sugars are naturally present in fruit nectar, the following indication should also appear on the label: “contains naturally occurring sugars”;

—	For products referred to in point (a), the first indent of point (b), point (c), the second indent of point (e) and point (h) of Annex III: sugars and/or honey;

—	For products defined in points 1 to 5 of Part I, in order to regulate acidic taste: lemon and/or lime juice and/or concentrated lemon and/or lime juice, up to 3 g per litre of juice, expressed as anhydrous citric acid;

—	For tomato juice and tomato juice from concentrate: salt, spices and aromatic herbs.

3. Authorised treatments and substances

Only the following treatments may be applied and only the following substances may be added to the products referred to in Part I:

—	Mechanical extraction processes;

—	The usual physical processes, including in-line water extraction (diffusion) of the edible part of fruits other than grapes for the manufacture of concentrated fruit juices, provided that the fruit juices thus obtained comply with point 1 of Part I;

—	For grape juice, where sulphitation with sulphur dioxide of the grapes has been used, desulphitation by physical means is authorised, provided that the total quantity of SO2 present in the final product does not exceed 10 mg/l;

—	Enzyme preparations: pectinases (for breakdown of pectin), proteinases (for breakdown of proteins) and amylases (for breakdown of starch) meeting the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes (4);

—	Edible gelatine;

—

Tannins;

—	Silica sol;

—

Charcoal;

—

Nitrogen;

—	Bentonite as an adsorbent clay;

—

Chemically inert filtration aids and precipitation agents (including perlite, washed diatomite, cellulose, insoluble polyamide, polyvinylpolypyrrolidone, polystyrene), which comply with Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food (5);

—	Chemically inert adsorption aids which comply with Regulation (EC) No 1935/2004, and which are used to reduce the limonoid and naringin content of citrus juice without significantly affecting the limonoid glucosides, acid, sugars (including oligosaccharides) or mineral content.

ANNEX II

DEFINITIONS OF RAW MATERIALS

For the purposes of this Directive, the following definitions shall apply:

(1) Fruit

All fruits. For the purposes of this Directive, tomatoes are also considered as fruit.

The fruit shall be sound, appropriately mature, and fresh or preserved by physical means or by treatment(s), including post-harvest treatments applied in accordance with Union law.

(2) Fruit purée

The fermentable but unfermented product obtained by suitable physical processes such as sieving, grinding, milling the edible part of whole or peeled fruit without removing the juice.

(3) Concentrated fruit purée

The product obtained from fruit purée by the physical removal of a specific proportion of its water content.

Concentrated fruit purée may have restored flavour which shall be obtained by suitable physical means, as defined in point 3 of Part II of Annex I and all of which must be recovered from the same species of fruit.

(4) Flavour

Without prejudice to Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods (6), flavours for restoration are obtained during the processing of the fruit by applying suitable physical processes. Those physical processes may be applied to retain, preserve or stabilise the flavour quality and include in particular squeezing, extraction, distillation, filtration, adsorption, evaporation, fractionation and concentration.

Flavour is obtained from the edible parts of the fruit; however it could also be cold pressed oil from citrus peel and compounds from the stones.

(5) Sugars

—	sugars as defined by Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption (7),

—	fructose syrup,

—	sugars derived from fruits.

(6) Honey

The product defined by Council Directive 2001/110/EC of 20 December 2001 relating to honey (8).

(7) Pulp or cells

The products obtained from the edible parts of fruit of the same species without removing the juice. Furthermore, for citrus fruit, pulp or cells are the juice sacs obtained from the endocarp.

ANNEX III

PARTICULAR DESIGNATIONS FOR CERTAIN PRODUCTS LISTED IN ANNEX I

(a)	“vruchtendrank”, for fruit nectars;

(b)

“Süßmost”;

The designation “Süßmost” may be used only in conjunction with the product names “Fruchtsaft” or “Fruchtnektar”:

—	for fruit nectar obtained exclusively from fruit juices, concentrated fruit juices or a mixture of these products, unpalatable in the natural state because of their high natural acidity,

—	for fruit juice obtained from apples or from pears, with the addition of apples where appropriate, but with no added sugar;

(c)	“succo e polpa” or “sumo e polpa”, for fruit nectars obtained exclusively from fruit purée and/or concentrated fruit purée;

(d)	“æblemost”, for apple juice with no added sugar;

(e)

—	“sur … saft”, together with the name (in Danish) of the fruit used, for juices with no added sugar obtained from blackcurrants, cherries, redcurrants, whitecurrants, raspberries, strawberries or elderberries,

—	“sød … saft” or “sødet … saft” together with the name (in Danish) of the fruit used, for juices obtained from this fruit, with more than 200 g of added sugar per litre;

(f)	“äppelmust/äpplemust”, for apple juice with no added sugar;

(g)	“mosto”, synonym of grape juice;

(h)	“smiltsērkšķu sula ar cukuru” or “astelpaju mahl suhkruga” or “słodzony sok z rokitnika” for juices obtained from seabuckthorn berries with no more than 140 g of added sugar per litre.

ANNEX IV

SPECIAL PROVISIONS RELATING TO FRUIT NECTARS

Fruit nectars made from	Minimum juice and/or purée content (% by volume of finished product)
I. Fruits with acidic juice unpalatable in the natural state
Passion fruit	25
Quito naranjillos	25
Blackcurrants	25
Whitecurrants	25
Redcurrants	25
Gooseberries	30
Seabuckthorn berries	25
Sloes	30
Plums	30
Quetsches	30
Rowanberries	30
Rose hips	40
Sour cherries	35
Other cherries	40
Bilberries	40
Elderberries	50
Raspberries	40
Apricots	40
Strawberries	40
Mulberries/blackberries	40
Cranberries	30
Quinces	50
Lemons and limes	25
Other fruits belonging to this category	25
II. Low-acid, pulpy or highly flavoured fruits with juice unpalatable in the natural state
Mangoes	25
Bananas	25
Guavas	25
Papayas	25
Lychees	25
Azeroles (Neapolitan medlars)	25
Soursop	25
Bullock’s heart or custard apple	25
Sugar apples	25
Pomegranates	25
Cashew fruits	25
Spanish plums	25
Umbu	25
Other fruits belonging to this category	25
III. Fruits with juice palatable in the natural state
Apples	50
Pears	50
Peaches	50
Citrus fruits except lemons and limes	50
Pineapples	50
Tomatoes	50
Other fruits belonging to this category	50

ANNEX V

MINIMUM BRIX LEVELS FOR RECONSTITUTED FRUIT JUICE AND RECONSTITUTED FRUIT PURÉE

Common Name of the Fruit	Botanical Name	Minimum Brix levels
Apple (*)	Malus domestica Borkh.	11,2
Apricot (**)	Prunus armeniaca L.	11,2
Banana (**)	Musa x paradisiaca L. (excluding plantains)	21,0
Blackcurrant (*)	Ribes nigrum L.	11,0
Grape (*)	Vitis vinifera L. or hybrids thereof Vitis labrusca L. or hybrids thereof	15,9
Grapefruit (*)	Citrus x paradisi Macfad.	10,0
Guava (**)	Psidium guajava L.	8,5
Lemon (*)	Citrus limon (L.) Burm.f.	8,0
Mango (**)	Mangifera indica L.	13,5
Orange (*)	Citrus sinensis (L.) Osbeck	11,2
Passion Fruit (*)	Passiflora edulis Sims	12,0
Peach (**)	Prunus persica (L.) Batsch var. persica	10,0
Pear (**)	Pyrus communis L.	11,9
Pineapple (*)	Ananas comosus (L.) Merr.	12,8
Raspberry (*)	Rubus idaeus L.	7,0
Sour Cherry (*)	Prunus cerasus L.	13,5
Strawberry (*)	Fragaria x ananassa Duch.	7,0
Tomato (*)	Lycopersicon esculentum, Mill.	5,0
Mandarin (*)	Citrus reticulata Blanco	11,2
For those products marked with an asterisk (), which are produced as a juice, a minimum relative density is determined as such in relation to water at 20/20 °C. For those products marked with two asterisks (*), which are produced as a purée, only a minimum uncorrected Brix reading (without correction of acid) is determined.

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(1) OJ L 330, 5.12.1998, p. 32.

(2) OJ L 404, 30.12.2006, p. 9.

(3) OJ L 404, 30.12.2006, p. 26.

(4) OJ L 354, 31.12.2008, p. 7.

(5) OJ L 338, 13.11.2004, p. 4.

(6) OJ L 354, 31.12.2008, p. 34.

(7) OJ L 10, 12.1.2002, p. 53.

(8) OJ L 10, 12.1.2002, p. 47.