II 
(Non-legislative acts) 
REGUL ATIONS 
COMMI SSION REGUL ATION (EU) 2020/351 
of 28 Febr uary 2020 
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council 
as regards the use of citric acid (E 330) in cocoa and chocolate products 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION, 
Havi ng regar d to the Treaty on the Functioning of the European Union, 
Havi ng regard to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on 
food additives (1), and in particular Article 10(3) thereof, 
Whereas: 
(1) Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives appro ved for use in food and 
their conditions of use. 
(2) That list may be updated in accordance with the common procedure refer red to in Article 3(1) of Regulation (EC) 
No 1331/2008 of the European Parliament and of the Council (2), either on the initiative of the Commission or 
follo wing an application. 
(3) Pursuant to Annex II to Regulation (EC) No 1333/2008, citric acid (E 330) is an author ised food additive in food 
catego ry 05.1 ‘Cocoa and Chocolate products as covered by Directive 2000/36/EC’ at a maximum level of 5 000 
mg/kg. 
(4) On 6 March 2018, an application was submitte d for the modifi cation of the conditions of use of citric acid (E 330) 
contained in food categor y 05.1 ‘Cocoa and Chocolat e products as covered by Directive 2000/36/EC’, by increasing 
its maximum level of use to 10 000 mg/kg for milk choc olate. The application was subsequently made available to 
the Member States pursuant to Article 4 of Regulation (EC) No 1331/2008. 
(5) Citric acid (E 330), when used as a stabiliser in cocoa mass containing high levels of polyphenols, lowers pH and 
reacts with a part of polyphenols intensi fying cocoa mass colour into charact eristic pink shades accompan ied by a 
berry-fruit sour taste. Both, pink shades and a berry-fruit sour taste are still apparent in the final product, i.e. in 
chocolate. The application shows that, the currently author ised maximum level of 5 000 mg/kg is not suffi cient to 
obtain the desired pink shades and a berry-fruit sour taste, which is achievable with the maximum level of 10 000 
mg/kg. As for the reaction between citric acid (E 330) and polyphenols, a constant ratio of citric acid (E 330) 
relative to cocoa mass is needed, thus the higher use level of citric acid (E 330) implies an increase in tota l dry cocoa 
solids in the final product. This final product would theref ore compl y with the definit ion of milk chocolat e as laid 
down in Annex I to Directive 2000/36/EC of the European Parliament and of the Council (3). 
(1)OJ L 354, 31.12.2008, p. 16. 
(2)Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common 
author isation procedure for food additives, food enzymes and food flavourings (OJ L 354, 31.12.2008, p. 1). 
(3)Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolat e products 
inten ded for human consump tion (OJ L 197, 3.8.2000, p. 19). EN Offi cial Jour nal of the European Union 4.3.2020                                                                                                                                             L 65/1   (6) Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission has to seek the opinion of the European 
Food Safety Author ity in order to updat e the Union list of food additives set out in Annex II to Regulation (EC) 
No 1333/2008, excep t where the updat e in question is not liable to have an effect on human health. 
(7) The safety of citric acid (E 330) was evaluated in 1990 by the Scientifi c Committ ee for Food, whic h established its 
acceptable daily intak e as ‘not specified’ (4). The term ‘not specified’ is used when, on the basis of the available 
toxicological, bioch emical and clinical data, the total daily intake of the substance, arising from its natural 
occur rence and its present use or uses in food at the levels necessar y to achi eve the desired technological effect, will 
not present a hazard to health. 
(8) Citric acid (E 330) is a food additive author ised in a variety of foods in accordance with Annex II to Regulation (EC) 
No 1333/2008. It is not expected that the increase of its maximum level to 10 000 mg/kg for milk chocolate will 
have a signif icant impact on the overall exposure. 
(9) Since the author isation of the use of citric acid (E 330) in milk chocolate at 10 000 mg/kg requires an updat e of the 
Union list which is not liable to have an effect on human health, it is not necessar y to seek the opinion of the 
Authority. 
(10) Theref ore, it is appropr iate to author ise the use of citric acid (E 330) in milk chocolate at 10 000 mg/kg. 
(11) Annex II to Regulation (EC) No 1333/2008 should theref ore be amended according ly. 
(12) The measures provid ed for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed, 
HAS ADOPTED THIS REGUL ATION: 
Article 1 
Annex II to Regulation (EC) No 1333/2008 is amended in accordance with the Annex to this Regulation. 
Article 2 
This Regulation shall enter into force on the twentieth day followi ng that of its publication in the Official Journal of the 
European Union. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, 28 Febr uary 2020.  
For the Commission 
The President 
Ursula VON DER LEYEN     
(4)Repor ts of the Scientific Committee for Food, Twenty-f ifth series, 1991, p. 13 (https://ec.europa.eu/f ood/sites/ food/files /safe­
ty/docs/sci-com_scf_repor ts_25.pdf). EN Offi cial Jour nal of the European Union L 65/2                                                                                                                                              4.3.2020   ANNEX 
In Part E of Annex II to Regulation (EC) No 1333/2008, in food categor y 05.1 ‘Cocoa and Chocolat e products as covered by 
Directive 2000/36/EC’, the following new entr y is inser ted after the entr y for E 330:                                                                 
‘E 330 Citric acid 10 000  only milk chocolate’   EN Offi cial Jour nal of the European Union 4.3.2020                                                                                                                                             L 65/3