S.I. No. 250/1982 - European Communities (Fruit Jams, Jellies and Marmalades and Chestnut Puree) Regulations, 1982.

1. 10 mg/kg for products defined in Annex I (A) (1), (3) and (6);

2. 50 mg/kg for all other products defined in Annex I;

3. however, for the products defined in Annex I (A) (2) and (5), Member States may retain any national laws permitting a sulphur dioxide content greater than 50 mg/kg but less than 100 mg/kg.

At the end of a period of five years from the notification of this Directive, the Commission will re-examine this derogation and will propose to the Council, if appropriate, the amendment or abolition of this provision.

4. Chestnuts for use in the manufacture of the product defined in Annex I (A) (6) may be soaked beforehand for a short time in an aqueous solution of sulphur dioxide (E 220).

ANNEX III

SUBSTANCES WHICH MAY BE ADDED TO THE PRODUCTS DEFINED IN ANNEX I

A. EDIBLE INGREDIENTS, AROMATICS AND AROMATIC SUBSTANCES

5. Aqueous extracts of fruit (aqueous extracts)

the aqueous extracts of fruit which, subject to the losses necessarily occurring in proper manufacturing, contain all the water-soluble constituents of the fruit used.

6. Sugars

any of the following

semi-white sugar,

sugar (white sugar),

extra white sugar,

sugar solution,

invert sugar solution,

invert sugar syrup,

dextrose monohydrate,

dextrose anhydrous,

glucose syrup,

dried glucose syrup,

fructose,

the aqueous solution of sucrose with the following characteristics

(

a

) dry matter: not less than 62% by weight;

(

b

) invert sugar content (ratio of fructose to dextrose: 1·0 0·2): not more than 3% by weight of dry matter;

(

c

) conductivity ash: not more than 0·3% by weight of dry matter,

(

d

) colour in solution: not more than 75 ICUMSA units,

(

e

) residual sulphur dioxide content: not more than 15 mg/kg of dry matter.

B. RAW MATERIALS—AUTHORISED TREATMENT

7. (1) A person who contravenes Regulation 4 or 5 of these Regulations shall be guilty of an offence.

(2) A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £500.

(3) An offence under these Regulations may be prosecuted by the Minister.

8. In any proceedings for an offence under these Regulations it shall not be necessary to negative the existence of any—

(

a

) statutory instrument or other provision to which Article 15 (1) of the Directive applies,

(

b

) authorisation, licence or permit under any such statutory instrument,

and, accordingly, the onus of proving the existence of any such statutory instrument or other provision, authorisation, licence or permit shall be on the person seeking to avail himself thereof.

9. An authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable ground for believing that a product to which these Regulations apply is being offered for sale and may take such samples of any such product which he finds in the course of his inspection.

10. An authorised officer shall be furnished with the warrant of his appointment as an authorised officer and when exercising any power conferred on him by these Regulations shall, if requested by any person concerned, produce the warrant to that person.

11. A person who obstructs or interferes with an authorised officer when he is exercising a power conferred on him by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250.

GIVEN under my Official Seal, this 28th day of July, 1982.

ALBERT REYNOLDS,

Minister for Industry and Energy.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to EEC Council Directive 79/693 which prescribes standards for the composition and labelling of fruit jams, jellies and marmalades and chestnut puree products. From the date of signature of these Regulations trade in fruit jams, jellies and marmalades and chestnut puree products not conforming to the provisions of the Directive, is prohibited (Regulation 5). Regulations 3 (2) (

a

), 3 (2) (

b

), 4 (1) (

c

) (1), 4 (2) (

a

), 4 (2) (

b

) and 4 (3) relate to options or derogations given to Member States by the Council Directive 79/693/EEC.

These Regulations should be read together with the Council Directive.

COUNCIL DIRECTIVE

of 24 July 1979

on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and chestnut purée

(79/693/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

1

1

O.J. No. C7, 12.1.1976, p.38.

Having regard to the opinion of the Economic and Social Committee,

2

2

O.J. No. C131, 12.6.1976, p.23.

Whereas the legislation and administrative provisions in force in the Member States define the composition and characteristics of the manufacture of fruit jams, jellies and marmalades and chestnut purée, reserve such designations for the products that meet these standards and lay down the rules regarding labelling and presentation;

Whereas the differences in national legislation are likely to impede the free movement of these products and lead to conditions of unfair competition;

Whereas it is consequently necessary to establish common rules, the observance of which will make it possible to market the products in question freely throughout the Community;

Whereas the labelling of fruit jams, jellies and marmalades and chestnut purée is subject to the general rules laid down by Council Directive 19/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;

3

whereas the present Directive may therefore merely set out the additions and derogations which should be made with regard to those general rules;

3

O.J. No. L33, 8.2.1979, p.1.

Whereas a new type of product with a low sugar content has recently appeared on some markets but its industrial development is not yet complete; whereas as a consequence in the initial stage it is advisable to allow Member States the possibility of including such products under the designation fruit jams, jellies and marmalades and chestnut purée; whereas Community arrangements applicable to these products will have to be worked out subsequently;

Whereas, with the aim of simplifying and speeding up the procedure, the adoption of technical implementing measures should be entrusted to the Commission;

Whereas, in all cases where the Council delegates powers to the Commission to implement rules established in respect of foodstuffs, it is advisable to make provision for a procedure ensuring close cooperation between the Member States and the Commission through the Standing Committee for Foodstuffs set up by Decision 69/414/EEC;

4

4

O.J. No. L291, 29.11.1969, p.9.

Whereas the implementation of certain rules provided for in this Directive cannot be envisaged at present because of the technical difficulties this would entail;

Whereas recourse must consequently be had to national laws, but the situation should be reviewed at a later stage in order gradually to eliminate the differences which still exist,

HAS ADOPTED THIS DIRECTIVE

Article 1

This Directive shall apply to

S.I. No. 250 of 1982.

EUROPEAN COMMUNITIES (FRUIT JAMS, JELLIES AND MARMALADES AND CHESTNUT PUREE) REGULATIONS, 1982.

I, ALBERT REYNOLDS, Minister for Industry and Energy, in exercise of the power conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 79/693/EEC

*1

of 24 July, 1979, hereby make the following regulations:—

*1

O.J. No. L205, 13.8.1979.