Directive 1999/4/EC of the European Parliament and of the Council

of 22 February 1999

relating to coffee extracts and chicory extracts

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission1,
Having regard to the opinion of the Economic and Social Committee2,
Acting in accordance with the procedure laid down in Article 189b of the Treaty3, in the light of the joint text approved by the Conciliation Committee on 8 December 1998,

Whereas certain vertical Directives relating to foods should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, confirmed by those of the European Council in Brussels on 10 and 11 December 1993;

Whereas Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts4 was justified by the fact that differences between national laws on coffee extracts and chicory extracts 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;

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;

Whereas Directive 77/436/EEC should be brought into line with general Community legislation on foodstuffs, particularly legislation on labelling and methods of analysis;

Whereas the Commission is planning to propose, as soon as possible and at all events before 1 July 2000, the inclusion in Directive 80/232/EEC5 of a range of nominal weights for the products defined by this Directive;
Whereas the general food-labelling rules set out in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer6 should apply subject to certain conditions;

Whereas, pursuant to the principle of proportionality, this Directive does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 3b of the Treaty;

Whereas, when this Directive is adapted in the future to general Community provisions on foodstuffs, the Commission will be assisted by the Standing Committee on Foodstuffs, set up by Decision 69/414/EEC7;

Whereas, to avoid creating new barriers to free movement, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,

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