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"B COUNCIL DIRECTIVE
of 24 July 1973
on the approximation of the laws of the Member States relating to cocoa and chocolate products intended
for human consumption
(73/241/EEC)
(OJ L 228, 16.8.1973, p. 23)
Amended by:
Official Journal
No page date
"M1 Council Directive 74/411/EEC of 1 August 1974 L 221 17 12.8.19741973L0241 — EN — 01.08.1974 — 001.001 — 1
COUNCIL DIRECTIVE
of 24 July 1973
on the approximation of the laws of the Member States relating to cocoa
and chocolate products intended for human consumption
(73/241/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 100 and 227 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Whereas national laws reserve certain names for various products derived
from cocoa and define their composition and manufacturing specifications,and whereas they prescribe the use of these names in the marketing of theseproducts;
Whereas packaging is also subject to mandatory provisions in certain Member
States;
Whereas the existing differences between national laws hinder the free
movement of different kinds of cocoa and chocolate products and may imposeconditions of unfair competition on undertakings, thereby directly affectingthe establishment or functioning of the common market;
Whereas, therefore, it is necessary to approximate the provisions relating to
these products and to lay down definitions and common rules in respect of thecomposition, manufacturing specifications, packaging and labelling of these
products in order to ensure their free movement;
Whereas, however, it is not possible in this Directive to harmonize all those
provisions applying to foodstuffs which may impede trade in cocoa and
chocolate products, although obstacles that persist because of this are bound
to decrease as national provisions relating to foodstuffs are increasinglyharmonized;
Whereas in order to protect consumers in certain Member States, the
description ‘halbbitter’ is applied to chocolate characterized by a highminimum content of certain ingredients; whereas this description is not
suitable for use in the Community as a whole; whereas therefore it seems that
provision should be made that this description be reserved for a period ofthree years for chocolate having a particularly high minimum content of drycocoa solids;
Whereas the use of vegetable fats other than cocoa-butter in chocolate
products is permitted in certain Member States, and extensive use is made ofthis facility; whereas, however, a decision relating to the possibilities and
forms of any extension of the use of these fats in the Community as a whole
cannot be taken at the present time, as the economic and technical datacurrently available are not sufficient to enable a final position to be adopted;whereas the situation will consequently have to be re-examined in the light of
future developments;
Whereas, although it is already possible to lay down a scale of weights for
chocolate products put up for sale in the form of tablets or bars, it is not yet
possible to do so for cocoa powder products, as the choice of the various
levels for the scale in this case requires closer study which it has not beenpossible to complete and whereas the choice of these levels will consequentlyhave to be made at a later date;
Whereas the names laid down in this Directive for the various cocoa and
chocolate products differ in certain cases from those used in one or more of
the Member States; whereas it is therefore desirable to enable consumers to
become used to these new names by allowing both the new names and those atpresent in force to be applied during a specified period;!B1973L0241 — EN — 01.08.1974 — 001.001 — 2
Whereas establishing the methods of analysis needed to verify that certain
products satisfy purity criteria and determining the methods of sampling andanalysis needed for checking the composition and manufacturing specifi-cations of cocoa and chocolate products are implementing measures of a
technical nature and whereas, in order to simplify and speed up procedure, the
task of adopting them should be entrusted to the Commission;
Whereas it is desirable that for all cases where the Council empowers the
Commission to implement rules relating to foodstuffs, provision should bemade for a procedure establishing close cooperation between the Member
States and the Commission within the Standing Committee for Foodstuffs set
up by the Council Decision of 13 November 1969 (
1);
Whereas it is possible for undertakings to adjust their production methods and
to dispose of stocks within a maximum period of two years after new rules anddefinitions have been adopted by the Member States; whereas, however,
application of the scale of weights laid down for certain kinds of packaging
will make it necessary to adapt industrial equipment in the Member States andthat therefore the period for implementing this rule should be extended tothree years;
Whereas special measures need to be adopted in order to take account of the
special situation of the new Member States;
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive cocoa and chocolate products shall mean
the products intended for human consumption defined in Annex I.
Article 2
Member States shall take all measures necessary to ensure that the products
referred to in Article 1 may be offered for sale only if they conform to the
definitions and rules laid down in this Directive and in Annex I thereto.
Article 3
1. The names listed in Annex I (1) shall be applied only to the products
defined in that paragraph and must be used in trade to designate them.
Nevertheless,— the names ‘pralina’ or ‘cioccolatino’ may be used in Italy and the name ‘a
chocolate’ may be used in Ireland and the United Kingdom to describechocolate, plain chocolate, gianduja nut chocolate, milk chocolate, milk
chocolate with high milk content, gianduja nut milk chocolate or white
chocolate in single-mouthful sizes;
— the same name ‘milk chocolate’ may be required in Ireland and the
United Kingdom to describe the products defined in Annex I paragraph(1) under headings 1.21 and 1.22, on condition that the term is
accompanied in both cases by an indication of the amount of milk solids
obtained by evaporation, laid down for each of the two products, in theform ‘milk solids: … % minimum’.
2. The provisions of the aforegoing paragraph shall not, however, affect
arrangements whereby these names can be used additionally, in accordance
with custom, to indicate other products which cannot be confused with those
defined in Annex I.
Article 4
Cocoa beans which are not sound, wholesome and in good market condition,
shells, germs or any other residual products from the solvent-extraction ofcocoa-butter may not be used in the manufacture of the products defined in
Annex I.!B
(1) OJ No L 291, 19. 11. 1969, p. 9.1973L0241 — EN — 01.08.1974 — 001.001 — 3
Article 5
1. The Council, acting unanimously on a proposal from the Commission,
shall determine:
(a) The list of solvents which may be used for extracting cocoa-butter;
(b) Purity criteria for cocoa-butter, for the solvents used in its extraction and,
where necessary, for the other products used as additives or for treatment
listed in Annex I.
2. Until the entry into force of the implementing measures referred to in
paragraph 1 (a), Member States shall permit no solvent to be used in theextraction of cocoa-butter other than petroleum spirit 60/75 known as Essence
B, or its pure principal fraction. During this period Member States may,
however, continue to implement national provisions authorizing other solventsin respect of products marketed in their territory.
3. Where the use in the products referred to in Article 1 of one of the
substances referred to in paragraphs 1 and 2, or the level of one or more of the
ingredients determined by virtue of paragraph 1 (b) contained in such a
substance, might endanger human health, a Member State may, for amaximum period of one year, suspend authorization to use that substance ormay reduce the maximum authorized level of one or more of the ingredients
in question. It shall immediately inform the Commission thereof and the
Commission shall consult the Member States.
The Council acting unanimously on a proposal from the Commission shall
decide without delay whether measures need to be adopted and, if so, shalladopt by Directive the necessary amendments. The Council acting by a
qualified majority on a proposal from the Commission may also, if necessary,
extend for a maximum of one year the period set in the aforegoing paragaph.
Article 6
1. Chocolate, plain chocolate, gianduja nut chocolate, milk chocolate, milk
chocolate with high milk content, gianduja nut milk chocolate, white
chocolate and filled chocolate, in the form of bars or tablets each weighing
between 85 g and 500 g, shall be marketed in the following individual weightsonly: 100 g, 125 g, 150 g, 200 g, 250 g, 300 g, 400 g and 500 g.
2. Within a maximum period of two years from the notification of this
Directive the Council, acting on a proposal from the Commission, shall lay
down the sole individual weights for marketing the products referred to in
Annex I, headings 1.8 to 1.13.
Article 7
1. The only information which is compulsory on the packages, containers or
labels of the products defined in Annex 1 and which must be conspicuous,
clearly legible and indelible shall be the following:
(a) The name which is reserved for them; in the case of the products defined
in Annex I, paragraph 1, heading 1.27, this name shall he accompanied byan indication to the consumer of the filling product used, withoutprejudice to the provisions which may apply to the latter;
(b) For products specified in Annex I (1) under headings 1.10, 1.11, 1.12,
1.13, 1.16, 1.17, 1.21 and 1.22, an indication of the total dry cocoa
content by the declaration ‘cocoa solids … % minimum’;
(c) For filled chocolate and chocolates obtained from chocolate products
other than chocolate and couverture chocolate, an additional indication ofthe type or types of chocolate used. However, in the case of chocolates,
for a period of five years from the notification of this Directive, in as
much as this is not compulsory under national provisions, the additionalindication in question shall be compulsory only in cases where theseproducts are obtained from plain chocolate, milk chocolate with high
milk content or white chocolate;
(d) Where appropriate, the declarations required by Annex I (4) to (7);(e) The net weight, unless the products weigh less than 50 g; this exception
shall not apply to products weighing less than 50 g each presented inpackages containing 2 or more such products whose net weight inclusive!B1973L0241 — EN — 01.08.1974 — 001.001 — 4
of packaging is not less than 50 g; in the case of hollow moulded
products this information may be replaced by the minimum net weight;
(f) The name or trade name and the address or registered office of the
manufacturer or packer, or of a seller established within the Community.
2. By way of derogation from paragraph 1, and without prejudice to the
provisions to be adopted by the Community with regard to the labelling of
foodstuffs, the Member States may retain national provisions which requireindication of:
(a) the factory in respect of national production;(b) the country of origin, although this information may not be required for
products manufactured within the Community.
3. Member States shall refrain from stating, apart from what is laid down in
paragraph 1, how the information referred to in that paragraph is to be given.
However, Member States may forbid trade on their territory:— in the products defined in Annex I, if the markings laid down in
paragraphs 1 (a), (c) and (d) are not shown on one side of the wrapping or
container in the national language or languages;
— in the product defined in Annex I (1) under heading 1.22 if the
description ‘milk chocolate’ appears on the wrapping.
Article 8
The main name ‘chocolate’ and ‘milk chocolate’ may be supplemented by
declarations or adjectives relating to quality only if:
(a) The chocolate has a total dry cocoa solids content of at least 43 %,
including at least 26 % cocoa butter;
(b) The milk chocolate contains not more than 50 % sucrose and at least 30 %
total dry cocoa solids, and 18 % milk solids obtained by evaporation,
including at least 4.5% butter fat.
Article 9
1. Notwithstanding Article 7 (1) (a), Member States may, for a period of
four years after the notification of this Directive, allow the reserved name to
be shown on packages, containers or labels, together with the name previously
used in accordance with the usages or regulations of the country concerned atthe time of the notification of this Directive.
2. Notwithstanding Article 8, Member States shall, for a period of three
years from the notification of this Directive, confine use of the description
‘halbbitter’ to chocolate having a minimum total dry cocoa solids content of50 %, including at least 18 % of cocoa butter.
Article 10
1. Member States shall adopt all the measures necessary to ensure that trade
in the products referred to in Article 1, which comply with the definitions andrules laid down in this Directive and in Annex I thereof, cannot be impeded bythe application of national non-harmonized provisions governing the
composition, manufacturing specifications, packaging or labelling of these
products in particular or of foodstuffs in general.
2. Paragraph 1 shall not be applicable to non-harmonized provisions
justified on grounds of:
— protection of public health,— repression of frauds unless such provisions are liable to impede the
application of the definitions and rules laid down by this Directive,
— protection of industrial and commercial property, indications of source,
applications of origin and repression of unfair competition.!B1973L0241 — EN — 01.08.1974 — 001.001 — 5
Article 11
The following shall be determined in accordance with the procedure laid
down in Article 12:
(a) The sampling procedures and methods of analysis needed to verify that
the purity criteria referred to in Article 5 (1) (b) are satisfied;
(b) The sampling procedures and methods of analysis needed to verify that
the rules relating to the composition and manufacturing specifications of
these products laid down in Annex I are fulfilled.
Article 12
1. Where the procedure laid down in this Article is to be followed, the
matter shall be referred to the Standing Committee on Foodstuffs set up by the
Council Decision of 13 November 1969 (hereinafter called ‘the Committee’)
by its Chairman, either on his own initiative or at the request of arepresentative of a Member State.
2. The representative of the Commission shall submit to the Committee a
draft of the measures to be taken. The Committee shall give its Opinion onthat draft within a time limit set by the Chairman having regard to the urgency
of the matter. Opinions shall be delivered by a majority of 41 votes, the votes
of the Member States being weighted as provided in Article 148 (2) of theTreaty. The Chariman shall not vote.
3. (a) Where the measures envisaged are in accordance with the Opinion of
the Committee, the Commission shall adopt them.
(b) Where the measures envisaged are not in accordance with the
Opinion of the Committee, or if no Opinion is delivered, the
Commission shall without delay submit to the Council a proposal onthe measures to be taken. The Council shall act by a qualifiedmajority.
(c) If within three months of the proposal being submitted to it, the
Council has not acted, the proposed measures shall be adopted by the
Commission.
Article 13
The provisions of Article 12 shall apply for eighteen months from the date on
which the matter was first referred to the Committee under Article 12 (1).
Article 14
1. This Directive shall also apply to products imported from third countries
and intended for consumption within the Community.
2. This Directive shall not affect the provisions of national laws:(a) At present authorizing or prohibiting the addition of vegetable fats other
than cocoa-butter to the chocolate products defined in Annex I. At the
end of a period of three years from the notification of this Directive the
Council shall decide, on a proposal from the Commission, on thepossibilities and the forms of extending the use of these fats to the wholeof the Community;
(b) Authorizing or prohibiting the retail sale of the various chocolate
products without wrapping;
(c) Prohibiting the marketing of bars of chocolate weighing between 75 g and
85 g. The Council shall decide later on a proposal from the Commission
the measures to be applied for this purpose three years after thenotification of this Directive;
(d) Laying down less stringent regulations on labelling in the retail sale of
fancy products such as figurines, cigarettes, eggs and loose chocolates; in
such cases the provisions may only require the placing of a notice near the
displayed product;
(e) Applicable to dietary products, until Community provisions concerning
these are put into effect;!B1973L0241 — EN — 01.08.1974 — 001.001 — 6
(f) Authorizing the offering for sale of chocolate products other than those
defined in Annex I under the names ‘cream chocolate’ or ‘skimmed-milkchocolate’.
3. This Directive shall not apply to products listed in Annex I (1) intended
for export from the Community.
Article 15
By 1 January 1975 Member States shall, if necessary, amend their laws in
accordance with the provisions of this Directive and shall forthwith inform the
Commission thereof. The laws thus amended shall apply to products offered
for sale in the Member States two years after the notification of this Directive.
For the application of Article 6, however, this latter period shall be extended
to three years.
Article 16
This Directive shall apply in the French overseas departments.
Article 17
This Directive is addressed to the Member States.!B
!M1
!B1973L0241 — EN — 01.08.1974 — 001.001 — 7
ANNEX I
1. For the purposes of this Directive, the following definitions shall apply:
1.1 Cocoa beans
the seeds of the cacao-tree (Theobroma cacao L.)fermented and dried;
1.2 Cocoa nib
cocoa beans, roasted or unroasted, when cleaned, shelled and having undergone
germ separation, containing, without prejudice to the provisions of paragraph 2,a maximum residue of 5 % shell or germ and a maximum content of 10 % ash— these percentages to be based on the weight of dry defatted matter;
1.3 Cocoa dust, cocoa fines
pieces of cocoa bean in the form of tiny particles, collected separately during
winnowing, with a minimum fat content of 20 % based on the weight of the dry
matter;
1.4 Cocoa mass
cocoa nib reduced to a paste by a mechanical process without losing any of its
natural fat content;
1.5 Cocoa press cake
cocoa nib or cocoa mass converted into a cake by a mechanical process,
containing, without prejudice to the definition of fat-reduced cocoa press cake,
at least 20 % of cocoa butter — this percentage to be based on the weight of the
dry matter — and a maximum of 9 % of water;
1.6 Fat-reduced cocoa press cake
cocoa press cake containing a minimum of 8 % of cocoa butter, based on the
weight of the dry matter;
1.7 Expeller cocoa press cake
cocoa beans, cocoa dust, with or without cocoa nib or cocoa press cake,
converted into cake by the expeller process;
1.8 Cocoa, cocoa powder
cocoa press cake obtained by hydraulic pressure, converted into powder by a
mechanical process and containing, without prejudice to the definition of fat-reduced cocoa powder, at least 20 % of cocoa butter — this percentage to bebased on the weight of the dry matter — and a maximum of 9 % of water;
1.9 Fat-reduced cocoa, fat-reduced cocoa powder
cocoa powder containing a minimum of 8 % of cocoa butter based on the weight
of the dry matter;
1.10 Sweetened cocoa, sweetened cocoa powder
the product obtained by mixing cocoa powder and sucrose so that 100 g of the
mixture contains at least 32 g of cocoa powder;
1.11 Drinking chocolate
the product obtained by mixing cocoa powder and sucrose so that 100 g of the
mixture contains at least 25 g of cocoa powder;
1.12 Sweetened fat-reduced cocoa, sweetened fat-reduced cocoa powder
the product obtained by mixing fat-reduced cocoa powder and sucrose so that
100 g of the mixture contains at least 32 g of fat-reduced cocoa powder;
1.13 Fat-reduced drinking chocolate
the product obtained by mixing fat-reduced cocoa powder and sucrose so that
100 g of the mixture contains at least 25 g of fat-reduced cocoa powder;!
B1973L0241 — EN — 01.08.1974 — 001.001 — 8
1.14 Cocoa butter
the fat obtained from cocoa beans or parts of cocoa beans which complies with
the following provisions: cocoa butter shall be presented in one of the followingforms and under one of the following names:
— press cocoa butter or cocoa butter
cocoa butter obtained by pressure from one or more of the following raw
materials:
cocoa nib, cocoa mass, cocoa press cake, fat-reduced cocoa press cake.
It shall have the following characteristics:
— level of unsaponifiable matter deter-
mined using petroleum ethernot more than 0.35 %
— acidity not more than 1.75 %
(expressed as oleic acid)
— expeller cocoa butter
cocoa butter obtained by torsion (the expeller process) from cocoa beans or
from cocoa beans combined with cocoa nib, cocoa mass, cocoa press cake,or fat-reduced cocoa press cake.
It shall have the following characteristics:
— level of unsaponifiable matter deter-
mined using petroleum ethernot more than 0.50 %
— acidity not more than 1.75 %
(expressed as oleic acid)
— refined cocoa butter
cocoa butter obtained by pressure, by torsion (the expeller process), by
extraction using a solvent or by a combination of these processes, from oneor more of the following raw materials:
cocoa beans, cocoa nib, cocoa dust, cocoa mass, cocoa press cake, fat-
reduced cocoa press cake, expeller press cake, and refined in accordancewith the provisions of paragraph 3 (b); where cocoa fat, prepared either bythe producer of ‘refined cocoa butter’ himself or by another producer, is
employed as a secondary raw material, it must have been obtained from the
raw materials listed above.
It shall have the following characteristics:
— level of unsaponifiable matter deter-
mined using petroleum ethernot more than 0.50 %
— acidity not more than 1.75 %
(expressed as oleic acid)
— level of fat obtained from shells and
germsnot exceeding in propor-
tion to cocoa butter the
level existing naturallyin cocoa beans.
1.15 Cocoa fat
fat obtained from cocoa beans or from parts of cocoa beans not having the
characteristics laid down for the various categories of cocoa butter;
1.16 Chocolate
the product obtained from cocoa nib, cocoa mass, cocoa powder or fat-reduced
cocoa powder and sucrose with or without added cocoa butter, having, without
prejudice to the definition of chocolate vermicelli, gianduja nut chocolate andcouverture chocolate, a minimum total dry cocoa solids content of 35 % — atleast 14 % of dry non-fat cocoa solids and 18 % of cocoa butter — thesepercentages to be calculated after the weight of the additions provided for inparagraphs 5 to 8 has been deducted;
1.17 Plain chocolate
the product obtained from cocoa nib, cocoa mass, cocoa powder or fat-reduced
cocoa powder and sucrose with or without added cocoa butter, having a!
B1973L0241 — EN — 01.08.1974 — 001.001 — 9
minimum total dry cocoa solids content of 30 % — at least 12 % of dry non-fat
cocoa solids and 18 % of cocoa butter — these percentages to be calculatedafter the weight of the additions referred to in paragraphs 5 to 8 has beendeducted;
1.18 V ermicelli chocolate, chocolate flakes
chocolate in the form of granules or flakes having a minimum total dry cocoa
solids content of 32 % including 12 % of cocoa butter;
1.19 Gianduja (or one of the derivatives of the word ‘gianduja’) nut chocolate
the product obtained firstly from chocolate having a minimum total dry cocoa
solids content of 32 % including a minimum dry non-fat cocoa solids content of8 %, and secondly from finely ground hazelnuts in such quantities that 100 g ofthe product contain not less than 20 g and not more than 40 g of nuts. Almonds,
hazelnuts and other nut varieties may also be added, either whole or broken, in
such quantities that, together with the ground hazelnuts, they do not exceed 60 %of the total weight of the product;
1.20 Couverture chocolate
chocolate containing a minimum of 31 % of cocoa butter and 2.5% of dry non-
fat cocoa solids; if couverture chocolate is described as ‘dark couverturechocolate’ it shall contain a minimum of 31 % of cocoa butter and 16 % of drynon-fat cocoa solids;
1.21 Milk chocolate
the product obtained from cocoa nib, cocoa mass, cocoa powder or fat-reduced
cocoa powder and sucrose, from milk or milk solids obtained by evaporation,with or without added cocoa butter, and containing, without prejudice to thedefinitions of milk chocolate vermicelli, gianduja nut milk chocolate andcouverture milk chocolate:
— a minimum total dry cocoa solids content of 25 % including at least 2.5%
of dry non-fat cocoa solids;
— at least 14 % of milk solids obtained by evaporation, including at least
3.5% of butter fat;
— not more than 55 % of sucrose;
— at least 25 % of fat;
these percentages to be calculated after the weight of the additions provided for
in paragraphs 5 to 8 has been deducted;
1.22 Milk chocolate with high milk content
the product obtained from cocoa nib, cocoa mass, cocoa powder, or fat-reduced
cocoa powder and sucrose, from milk or milk solids obtained by evaporation,with or without added cocoa butter, and containing:
— a minimum total dry cocoa solids content of 20 % including at least 2.5%
of dry non-fat cocoa solids;
— at least 20 % of milk solids obtained by evaporation, including at least 5 %
of butter fat;
— not more than 55 % of sucrose;
— at least 25 % of fat;
these percentages to be calculated after the weight of the additions provided for
in paragraphs 5 to 8 has been deducted;
1.23 Milk chocolate vermicelli, milk chocolate flakes
milk chocolate in the form of granules or flakes, having a minimum total dry
cocoa solids content of 20 % and a minimum fat content of 12 % including atleast 3 % of butter fat, and not more than 66 % of sucrose;
1.24 Gianduja (or one of the derivatives of the word ‘gianduja’) nut milk chocolate
the product obtained firstly from milk chocolate having a minimum content of
10 % of milk solids obtained by evaporation, and secondly from finely-groundhazelnuts in such quantities that 100 g of the product contain not less than 15 gand not more than 40 g of hazelnuts. Almonds, hazelnuts and other nut varieties
may also be added, either whole or broken in such quantities that, together with
the ground hazelnuts, they do not exceed 60 % of the total weight of theproduct;!
B1973L0241 — EN — 01.08.1974 — 001.001 — 10
1.25 Couverture milk chocolate
milk chocolate having a minimum content of 31 % of fat;
1.26 White chocolate
the product free of colouring matters, obtained from cocoa butter, sucrose, milk
or milk solids obtained by evaporation, and containing:
— at least 20 % of cocoa butter;
— at least 14 % of milk solids obtained by evaporation, including at least
3.5% of butter fat;
— not more than 55 % of sucrose;
these percentages to be calculated after the weight of the additions provided for
in paragraphs 5 to 8 has been deducted;
1.27 Filled chocolate
without prejudice to the provisions applicable to the filling used, the filled
product — excepting flour confectionery or biscuit products — the outer part ofwhich consists of chocolate, plain chocolate, gianduja nut chocolate, couverture
chocolate, milk chocolate, milk chocolate with high milk content, gianduja nut
milk chocolate, couverture milk chocolate or white chocolate and constitutes atleast 25 % of the total weight of the product;
1.28 A chocolate
The product in single-mouthful size, consisting either:
— of filled chocolate, or
— of a combination of chocolate, plain chocolate, gianduja nut chocolate,
couverture chocolate, milk chocolate, milk chocolate with high milk
content, gianduja nut milkchocolate, couverture milk chocolate or white
chocolate in conjunction with other edible substances, in so far as thechocolate parts are clearly visible at least partially, and constitute at least25 % of the total weight of the product or, of a mixture of chocolate, plainchocolate, couverture chocolate, milk chocolate, milk chocolate with highmilk content, or couverture milk chocolate and other edible substances,excepting,
— flour or starches
— without prejudice to Article 14 (2) (a), fats other than cocoa butter and
milk fats
provided that the chocolate products constitute at least 25 % of the total weight
of the product.
2. Cocoa beans, cocoa nib, cocoa dust, cocoa mass, cocoa press cake, fat-reduced
cocoa press cake, expeller cocoa press cake, cocoa powder and fat-reducedcocoa powder may be alkalized only by one or more of the following products:alkaline carbonates, alkaline hydroxides, magnesium carbonate, magnesiumoxide, ammonia solutions, provided that the amount of alkalizing agent added,
expressed as potassium carbonate, does not exceed 5 % of the weight of the dry
defatted matter.
A quantity of citric acid or tartaric acid not exceeding 0.5% of the total weight
of the product may be added to the products thus treated.
If the product has been treated as described above, its ash content shall not
exceed 14 % of the dry defatted matter.
3. (a) Cocoa butter may be treated by the following processes only:
— filtration, centrifuging and other physical processes commonly
employed for the purpose of demucilagination;
— treatment by super-heated steam under vacuum and other physical
processes commonly employed for the purpose of deodorization.
(b) For refined cocoa butter the following are also permissible:
— treatment by an alkaline wash or similar substance commonly
employed for the purposes of neutralization;
— treatment with one or more of the following substances:
— bentonite,
— active carbons,
— other similar substances commonly employed as a decolorant.!
B1973L0241 — EN — 01.08.1974 — 001.001 — 11
4. The products listed in paragraph 1 may contain instead of sucrose:
— crystallized glucose (dextrose), fructose, lactose or maltose amounting to a
total of 5 % of the total weight of the product, without it being necessaryfor this to be stated;
— crystallized glucose (dextrose) in a proportion of more than 5 % but not
over 20 % of the total weight of the product. In this case the name of theproduct shall be accompanied by the declaration ‘with crystallizedglucose’ or ‘with dextrose’.
5. (a) Foodstuffs having a flavouring effect, natural flavouring substances and
synthetic or artificial flavouring substances the chemical composition of
which is identical to that of the principal elements of natural flavouringsubstances (with the exception of flavouring preparations suggesting thetaste of natural chocolate or milk fat), and ethyl vanillin may be added tococoa mass, to the various kinds of cocoa powder, chocolate and milkchocolate, to white chocolate and to chocolates.
(b) without prejudice to the provisions of paragraph 7, a declaration of this
addition shall accompany the name of:
— cocoa mass, couverture chocolate and couverture milk chocolate;— the various kinds of cocoa powder, chocolate and milk chocolate apart
from couverture chocolate, and white chocolate, when the taste of the
foodstuff having a flavouring effect or of the flavouring substance isthe predominant one.
This declaration shall be made:— where a foodstuff having a flavouring effect is employed, by
giving its name,
— where flavouring substances other than ethyl vanillin are
employed, by adding to the name the statement ‘… taste’ or‘… flavour’ with the name of the substance in characters ofequal size, any reference to a natural source should be restricted
to natural flavouring substances,
— where ethyl vanillin is employed, by the statement ‘with ethyl
vanillin’ or ‘ethyl vanillin flavour’.
6. Technically pure vegetable lecithin with a peroxide level (expressed in
milliequivalents per kg) not exceeding 10, may be added to the products listedin paragraph 1 except cocoa nib.
The name of the product shall be accompanied by a declaration of this addition
and its percentage, except when lecithin is added to the various kinds ofchocolate referred to under headings 1.16 to 1.28.
Products listed in paragraph 1 may not contain more than 0.5% of their total
weight of phosphatides; however, this percentage shall be increased to 1 % for
the various kinds of cocoa powder, milk chocolate with high milk content and
chocolate flakes, and to 5 % for the various kinds of cocoa powder intended forproduction of instant preparations, in so far as the provisions relating to themallow and provided that this purpose is indicated on the packings and incommercial documents.
7. (a) Without prejudice to Article 14 (2) (a), edible substances, with the
exception of flour and starches and of fats and fat preparations not derived
exclusively from milk, may be added to chocolate, plain chocolate,
couverture chocolate, milk chocolate, milk chocolate with high milkcontent, couverture milk chocolate and to white chocolate.
The amount of these substances, in relation to the total weight of the
finished product, may not be:
(i) less than 5 % or more than a total of 40 % if added in clearly visible
and separable pieces;
(ii) more than a total of 30 % if added in a form which is for practical
purposes indiscernible;
(iii) without prejudice to (i) above, more than a total of 40 %, if they are
added both in clearly-visible and separable pieces and in a form which
is for practical purposes indiscernible.
(b) a declaration relating to the edible substances added shall accompany the
name of the chocolate products referred to under (a).
Such a declaration shall however, be prohibited in respect of the following:(i) milk and milk products when the finished product is not milk
chocolate, milk chocolate with high milk content or couverture milkchocolate;!
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(ii) coffee and spirits, when the amount of each of these substances is less
than 1 % of the total weight of the finished product;
(iii) other edible substances, incorporated in a form which is for practical
purposes indiscernible, when the amount of each of these substancesis less than 5 % of the total weight of the finished product.
(c) in the case of filled chocolate and chocolates, the added edible matter
referred to in paragraph (a) shall not be included in the chocolate product
parts, which, pursuant to headings 1.27 and 1.28, must represent at least25 % of the total weight.
8. Chocolate, plain chocolate, milk chocolate, milk chocolate with high milk
content, white chocolate, filled chocolate and chocolates may be partiallycoated with edible substances representing a maximum of 10 % of their totalweight. In this case:
(a) the upper limits of 40 % and 30 % fixed in paragraph 7 (a) and (b) shall
include the coating substances,
(b) the lower limit of 25 % fixed for the content of various kinds of chocolate
in filled chocolate and in chocolates shall relate to the total weight of theproduct, coating included.!
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ANNEX II
Special measures affecting the new Member States
1. Notwithstanding Article 2 of this Directive, Ireland shall be exempt from
applying to products marketed in its territory the provisions laid down in Article6 during the whole period for which the units of weight legally used in thatcountry at the time of its accession to the European Economic Communityremain authorized.
2. (a) Notwithstanding Article 2 of this Directive, the new Member States may,
until 31 December 1977, apply to the products marketed in their territorynational laws, in force at the time of their accession to the European
Economic Community, authorizing the use of
— phosphoric acid as a neutralizing agent in cocoa products alkalized in
accordance with the provisions of Annex I (2);
— flavouring substances other than those referred to in Annex I (5) (a) in
the cocoa and chocolate products referred to in that paragraph;
— polyglycerol polyricinoleate, sorbitan monostearate, sorbitan tristea-
rate, polyoxyethylene (20) sorbitan monostearate and ammonium saltsof phosphatidic acids in the cocoa and chocolate products referred toin the first subparagraph of Annex I (6).
(b) Pursuant tot he procedure laid down in Article 100 of the Treaty, the
Council acting on a proposal from the Commission may, not later than 1January 1978, add to Annex I the substances referred to under (a).
A Decision to include these substances in Annex I may be adopted only if
scientific research has established that they are not harmful to humanhealth and if their use is necessary on economic grounds.!
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