2000L0036 — EN — 01.05.2004 — 001.001 — 1
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►B DIRECTIVE2000/36/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of23June2000
relating tococoaandchocolate productsintendedforhumanconsumption
(OJ L 197, 3.8.2000, p. 19)
Amended by:
Official Journal
No page date
►A1Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
DIRECTIVE 2000/36/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of23June2000
relating to cocoa and chocolate products intended for human
consumption
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 95 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Acting in accordance withth e procedure laid down in Article 251 of
the Treaty (3),
Whereas:
(1)Certain vertical Directives relating to foodstuffs should be
simplified in order to take account only of the essential require-ments to be met by the products they cover in order that those
products may move freely within the internal market, in accor-
dance with the conclusions of the European Council held inEdinburghon 11 and 12 December 1992, confirmed by th ose ofthe European Council in Brussels on 10 and 11 December 1993.
(2)Council Directive 73/241/EEC of 24 July 1973 on the approxi-mation of the laws of the Member States relating to cocoa andchocolate products intended for human consumption (
4)w a s
warranted by the fact that differences between national laws on
several kinds of cocoa and chocolate products could hinder the
free movement of this product, and thereby have a direct effecton the establishment and functioning of the common market.
(3)The aforesaid Directive was consequently designed to lay downdefinitions and common rules in respect of the composition,manufacturing specifications, packaging and labelling of cocoaand chocolate products so as to ensure their free movementwithin the Community.
(4)Those definitions and rules should be amended to take accountof technological progress and changes in consumer tastes, andshould be brought into line with general Community legislation
on foodstuffs, in particular legislation on labelling, sweeteners
and other authorised additives, flavourings, extraction solventsand methods of analysis.
(5)The addition to chocolate products of vegetable fats other thancocoa butter, up to a maximum of 5 %, is permitted in certainMember States.
(6)The addition of certain vegetable fats other than cocoa butter tochocolate products, up to a maximum of 5 %, should bepermitted in all Member States; those vegetable fats should becocoa butter equivalents and therefore be defined according totechnical and scientific criteria.2000L0036 — EN — 01.05.2004 — 001.001 — 2
(1) OJ C 231, 9.8.1996, p. 1 andOJ C 118, 17.4.1998, p. 10.
(2) OJ C 56, 24.2.1997, p. 20.
(3) Opinion of the European Parliament of 23 October 1997 (OJ C 339,
10.11.1997, p. 128), Council Common Position of 28 October 1999 (OJ C10, 13.1.2000, p. 1) and decision of the European Parliament of 15 March
2000 (not yet published in the Official Journal). Decision of the Council of
25 May 2000.
(
4) OJ L 228, 16.8.1973, p. 23. Directive as last amended by Directive 89/344/
EEC (OJ L 142, 25.5.1989, p. 19).
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(7)In order to guarantee the single nature of the internal market, all
chocolate products covered by this Directive must be able to
move within the Community under the sales names set out inthe provisions of Annex I to this Directive.
(8)In pursuance of the general food-labelling rules set out inCouncil Directive 79/112/EEC of 18 December 1978 on theapproximation of the laws of the Member States relating to thelabelling, presentation and advertising of foodstuffs(
1), in parti-
cular a listing of ingredients in accordance withArticle 6 th ereof
is compulsory; this Directive makes Directive 79/112/EEC
applicable to cocoa and chocolate products in order to provideconsumers withcorrect information.
(9)In the case of chocolate products to which vegetable fats otherthan cocoa butter have been added, consumers should be guaran-teed correct, neutral and objective information in addition to thelist of ingredients.
(10)On the other hand, Directive 79/112/EEC does not preclude thelabelling of chocolate products to indicate that vegetable fatsother than cocoa butter have not been added, provided the infor-
mation is correct, neutral, objective, and does not mislead the
consumer.
(11)Certain sales names which are reserved by this Directive are infact used in composite sales names which are recognised incertain Member States to describe products which could not beconfused with those defined in this Directive; such descriptionsshould therefore be maintained. However, the use of such names
should comply with the provisions of Directive 79/112/EEC and,
in particular, withArticle 5 th ereof.
(12)The development of the internal market since the adoption of
Directive 73/241/EEC enables ‘plain chocolate’ to be treated on
the same basis as ‘chocolate’.
(13)The derogation provided for in Directive 73/241/EEC allowingthe United Kingdom and Ireland to authorise the use on theirterritory of the name ‘milk chocolate’ to designate ‘milk choco-late with high milk content’ should be maintained; however, theEnglish name ‘milk chocolate with high milk content’ should be
replaced with the name ‘family milk chocolate’.
(14)Pursuant to the principle of proportionality, this Directiverestricts itself to what is necessary in order to achieve the objec-
tives of the Treaty, in accordance with the third paragraph ofArticle 5 thereof.
(15)Cocoa, cocoa butter and a series of other vegetable fats used inthe manufacture of chocolate are mainly produced in developingcountries. It is in the interests of people living in developingcountries that agreements of as long a duration as possibleshould be concluded. The Commission should therefore consider
how the Community can support this in the case of cocoa butter
and other vegetable fats (for example by promoting ‘fair trade’).
(16)The measures necessary for the implementation of this Directiveshould be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for theexercise of implementing powers conferred on the Commis-sion(
2).
(17)To avoid creating new barriers to free circulation, MemberStates should refrain from adopting, for the products in question,national provisions not provided for by this Directive,2000L0036 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 33, 8.2.1979, p. 1. Directive as last amended by European Parliament
and Council Directive 97/4/EC (OJ L 43, 14.2.1997, p. 21).
(2) OJ L 184, 17.7.1999, p. 23.
▼B
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to the cocoa and chocolate products intended
for human consumption, as defined in Annex I.
Article 2
1. The vegetable fats other than cocoa butter as defined in Annex II
and listed therein may be added to those chocolate products defined inAnnex I(A)(3), (4), (5), (6), (8) and (9). That addition may not exceed5 % of the finished product, after deduction of the total weight of any
other edible matter used in accordance with Annex I(B), without redu-
cing the minimum content of cocoa butter or total dry cocoa solids.
2. Chocolate products which, pursuant to paragraph 1, contain vege-
table fats other than cocoa butter may be marketed in all of theMember States, provided that their labelling, as provided for in Article3, is supplemented by a conspicuous and clearly legible statement:‘contains vegetable fats in addition to cocoa butter’. This statementshall be in the same field of vision as the list of ingredients, clearly
separated from that list, in lettering at least as large and in bold with
the sales name nearby; notwithstanding this requirement, the salesname may also appear elsewhere.
3. Any amendments to Annex II shall be made in accordance with
the procedure laid down in Article 95 of the Treaty.
4. At the latest by 3 February 2006 the Commission shall, in accor-
dance withArticle 95 of th e Treaty, submit, if necessary and takinginto account the results of an appropriate study on this Directive'simpact on the economies of those countries producing cocoa and vege-table fats other than cocoa butter, a proposal intended to amend the listin Annex II.
Article 3
Directive 79/112/EEC shall apply to the products defined in Annex I,
subject to the following conditions:
1. The sales names listed in Annex I shall apply only to the products
referred to therein and must be used in trade to designate them.
However, those sales names may also be used additionally and in
accordance with the provisions or customs applicable in the MemberState in which the product is sold to the final consumer, to designateother products which cannot be confused with those defined in
Annex I.
2. Where the products defined in Annex I(A)(3), (4), (5), (6), (7) and
(10) are sold in assortments, the sales names may be replaced by‘assorted chocolates’ or ‘assorted filled chocolates’ or similarnames. In that case, there may be a single list of ingredients for all
the products in the assortment.
3. The labelling of the cocoa and chocolate products defined in Annex
I(A)(2)(c), (2)(d), (3), (4), (5), (8) and (9) must indicate the total drycocoa solids content by including the words: ‘cocoa solids:… %minimum’.
4. For the products referred to in Annex I(A)(2)(b) and (2)(d) (second
part of the sentence), the labelling must indicate the cocoa butter
content.
5. The sales names ‘chocolate’, ‘milk chocolate’ and ‘couverture
chocolate’ specified in Annex I may be supplemented by informa-tion or descriptions relating to quality criteria provided that theproducts contain:
— in the case of chocolate, not less than 43 % total dry cocoa
solids, including not less than 26 % cocoa butter,
— in the case of milk chocolate, not less than 30 % total dry cocoa
solids and not less than 18 % dry milk solids obtained by partlyor wholly dehydrating whole milk, semi- or full-skimmed milk,2000L0036 — EN — 01.05.2004 — 001.001 — 4
▼B
cream, or from partly or wholly dehydrated cream, butter or milk
fat, including not less than 4,5 % milk fat,
— in the case of couverture chocolate, not less than 16 % of dry
non-fat cocoa solids.
Article 4
For the products defined in Annex I, Member States shall not adopt
national provisions not provided for by this Directive.
Article 5
1. The measures necessary for the implementation of this Directive
relating to the matters referred to below shall be adopted in accordancewithth e regulatory procedure referred to in Article 6(2):
— bringing this Directive into line with general Community provisions
applicable to foodstuffs,
— adaptation of the provisions in Annex I(B)(2), (C) and (D) to tech-
nical progress.
2. At the latest by 3 August 2003, without prejudice to Article 2(3),
the European Parliament and the Council shall re-examine, on a
proposal from the Commission, the second indent of paragraph 1 ofthis Article, with a view to possible extension of the procedure of adap-tation to technical and scientific progress.
Article 6
1. The Commission shall be assisted by the Standing Committee on
Foodstuffs, set up by Council Decision 69/414/EEC (
1), hereinafter
referred to as ‘the Committee’.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions ofArticle 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 7
Council Directive 73/241/EEC is hereby repealed with effect from 3
August 2003.
References to the repealed Directive shall be construed as references to
this Directive.
Article 8
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply withth is Directivebefore 3 August 2003. They shall immediately inform the Commissionthereof.
2. These measures shall be applied so as to:
— authorise the marketing of the products defined in Annex I if they
conform to the definitions and rules laid down in this Directive,witheffect from 3 August 2003,
— prohibit the marketing of products which fail to conform to this
Directive, witheffect from 3 August 2003.
However, the marketing of products failing to comply with this Direc-
tive but labelled before 3 August 2003 in accordance withCouncilDirective 73/241/EEC shall be permitted until stocks are exhausted.2000L0036 — EN — 01.05.2004 — 001.001 — 5
(1) OJ L 291, 19.11.1969, p. 9.
▼B
3. When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such referenceon the occasion of their official publication. The methods of making
such reference shall be laid down by the Member States.
Article 9
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 10
This Directive is addressed to the Member States.2000L0036 — EN — 01.05.2004 — 001.001 — 6
▼B
ANNEX I
SALES NAMES, DEFINITIONS AND CHARACTERISTICS OF THE
PRODUCTS
A. SALES NAMES AND DEFINITIONS
1.Cocoabutter
designates the fat obtained from cocoa beans or parts of cocoa beans
with the following characteristics:
— free fatty acid content (expressed as
oleic acid):not more than 1,75 %
— unsaponifiable matter (determined
using petroleum ether):not more than 0,5 %,
except in the case of press
cocoa butter, where it shall
not be more than 0,35 %
2. (a)Cocoapowder,cocoa
designate the product obtained by converting into powder cocoa
beans which have been cleaned, shelled and roasted, and which
contains not less than 20 % cocoa butter, calculated according to
the weight of the dry matter, and not more than 9 % water;
(b)Fat-reducedcocoa,fat-reducedcocoapowder
designate cocoa powder containing less than 20 % cocoa butter,
calculated according to the weight of the dry matter;
(c)Powderedchocolate,chocolate inpowder
designate the product consisting of a mixture of cocoa powder and
sugars, containing not less than 32 % cocoa powder;
(d)Drinkingchocolate,sweetenedcocoa,sweetenedcocoapowder
designate the product consisting of a mixture of cocoa powder and
sugars, containing not less than 25 % cocoa powder; these names
shall be accompanied by the term ‘fat-reduced’ in the case where
the product is fat-reduced as defined at (b).
3.Chocolate
(a) designates the product obtained from cocoa products and sugars
which, subject to (b), contains not less than 35 % total dry cocoa
solids, including not less than 18 % cocoa butter and not less than
14 % of dry non-fat cocoa solids;
(b) however, where this name is supplemented by the words:
—‘vermicelli ’o r‘flakes’: the product presented in the form of
granules or flakes must contain not less than 32 % total dry
cocoa solids, including not less than 12 % cocoa butter and not
less than 14 % of dry non-fat cocoa solids;
—‘couverture ’: the product must contain not less than 35 % total
dry cocoa solids, including not less than 31 % cocoa butter and
not less than 2,5 % of dry non-fat cocoa solids;
—‘Gianduja ’ (or one of the derivatives of the word ‘ gianduja’) nut
chocolate: the product must be obtained firstly from chocolate
having a minimum total dry cocoa solids content of 32 %
including a minimum dry non-fat cocoa solids content of 8 %,
and secondly from finely ground hazelnuts in such quantities
that 100 g of the product contain not less than 20 g and not
more than 40 g of hazelnuts. The following may be added:
(a) milk and/or dry milk solids obtained by evaporation, in such
proportion that the finished product does not contain more
than 5 % dry milk solids;
(b) almonds, hazelnuts and other nut varieties, 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.2000L0036 — EN — 01.05.2004 — 001.001 — 7
▼B
4.Milkchocolate
(a) designates the product obtained from cocoa products, sugars and
milk or milk products, which, subject to (b) contains:
— not less than 25 % total dry cocoa solids,
— not less than 14 % dry milk solids obtained by partly or wholly
dehydrating whole milk, semi- or full-skimmed milk, cream, or
from partly or wholly dehydrated cream, butter or milk fat,
— not less than 2,5 % dry non-fat cocoa solids,— not less than 3,5 % milk fat,
— not less than 25 % total fat (cocoa butter and milk fat).
(b) However, where this name is supplemented by the words:
—‘vermicelli ’o r‘flakes’: the product presented in the form of
granules or flakes must contain not less than 20 % total drycocoa solids, not less than 12 % dry milk solids obtained by
partly or wholly dehydrating whole milk, semi- or full-skimmed
milk, cream, or from partly or wholly dehydrated cream, butter
or milk fat, and not less than 12 % total fat (cocoa butter and
milk fat),
—‘couverture ’: the product must have a minimum total fat (cocoa
butter and milk fat) content of 31 %,
—‘Gianduja ’ (or one of the derivatives of the word ‘ gianduja’) nut
milk chocolate: the product must be obtained firstly from milk
chocolate having a minimum content of 10 % of dry milk solids,
obtained by partly or wholly dehydrating whole milk, semi- or
full-skimmed milk, cream or from partly or wholly dehydrated
cream, butter or milk fat and secondly from finely ground hazel-
nuts, in such quantities that 100 g of the product contain not less
than 15 g and not more than 40 g of hazelnuts. Almonds, hazel-
nuts and other nut varieties may also be added, either whole or
broken, in such quantities that, together with the ground hazel-
nuts, they do not exceed 60 % of the total weight of the product.
(c) Where in this name the word ‘milk’ is replaced by:
—‘cream’: the product must have a minimum milk fat content of
5,5 %,
—‘skimmed milk ’: the product must have a milk fat content not
greater than 1 %.
(d) The United Kingdom, Ireland and Malta may authorise the use in
their territory of the term ‘milk chocolate’ to designate the product
referred to in point 5, on condition that the term is accompanied in
all three cases by an indication of the amount of dry milk solids laid
down for each of the products, in the form ‘milk solids: … %
minimum.’
5.Familymilkchocolate
designates the product obtained from cocoa products, sugars and milk or
milk products and which contains:
— not less than 20 % total dry cocoa solids,
— not less than 20 % dry milk solids obtained by partly or wholly
dehydrating whole milk, semi- or full-skimmed milk, cream, or
from partly or wholly dehydrated cream, butter or milk fat,
— not less than 2,5 % dry non-fat cocoa solids,
— not less than 5 % milk fat,— not less than 25 % total fat (cocoa butter and milk fat).
6.Whitechocolate
designates the product obtained from cocoa butter, milk or milk products
and sugars which contains not less than 20 % cocoa butter and not less
than 14 % dry milk solids obtained by partly or wholly dehydrating
whole milk, semi- or full-skimmed milk, cream, or from partly or
wholly dehydrated cream, butter or milk fat, of which not less than
3,5 % is milk fat.
7.Filledchocolate, chocolatewith…filling,chocolate with…centre
designate the filled product, the outer part of which consists of one of
the products defined in 3, 4, 5 and 6. The designations do not apply to2000L0036 — EN — 01.05.2004 — 001.001 — 8
▼A1
▼B
▼B
products, the inside of which consists of bakery products, pastry, biscuit
or edible ice.
The outer chocolate portion of products bearing one of these names shall
constitute not less than 25 % of the total weight of the product.
8. Chocolate a la taza
designates the product obtained from cocoa products, sugars, and flour
or starch from wheat, rice or maize, which contains not less than 35 %
total dry cocoa solids, including not less than 18 % cocoa butter and not
less than 14 % dry non-fat cocoa solids, and not more than 8 % flour or
starch.
9. Chocolate familiar a la taza
designates the product obtained from cocoa products, sugars, and flour
or starch from wheat, rice or maize, which contains not less than 30 %
total dry cocoa solids, including not less than 18 % cocoa butter and not
less than 12 % dry non-fat cocoa solids, and not more than 18 % flour
or starch.
10.Achocolateorapraline
designates the product in single-mouthful size, consisting of:
— filled chocolate, or
— a single chocolate or a combination or a mixture of chocolate within
the meaning of the definitions given in 3, 4, 5 or 6 and other edible
substances, provided that chocolate constitutes not less than 25 % of
the total weight of the product.
B. OPTIONAL AUTHORISED INGREDIENTS
Additions of edible substances1. Without prejudice to Article 2 and Section B(2), other edible substances
may also be added to the chocolate products defined in Section A(3), (4),
(5), (6), (8) and (9).
However, the addition:
— of animal fats and their preparations not deriving solely from milk
shall be prohibited,
— of flours, granular or powdered starch shall only be authorised where
the addition is in accordance with the definitions laid down in Section
A(8) and (9).
The quantity of those edible substances added may not exceed 40 % of
the total weight of the finished product.
2. Only those flavourings which do not mimic the taste of chocolate or of
milk fat may be added to the products defined in Section A(2), (3), (4),
(5), (6), (8) and (9).
C. CALCULATION OF PERCENTAGES
The minimum contents of the products set in Section A(3), (4), (5), (6), (8)
and (9) shall be calculated after deduction of the weight of the ingredients
provided for in Section B. In the case of the products in Section A(7) and
(10), the minimum contents shall be calculated after deducting the weight
of the ingredients provided for in Section B, as well as the weight of the
filling.
The chocolate contents of the products defined in Section A(7) and (10)
shall be calculated in relation to the total weight of the finished product,
including its filling.
D. SUGARS
Sugars as referred to in this Directive are not limited only to those sugars
covered by Council Directive 73/437/EEC of 11 December 1973 on the
approximation of the laws of the Member States concerning certain sugars
intended for human consumption (
1).2000L0036 — EN — 01.05.2004 — 001.001 — 9
(1) OJ L 356, 27.12.1973, p. 71. Directive as last amended by the 1985 Act of Accession.
▼B
ANNEX II
VEGETABLEFATSREFERREDTOINARTICLE2(1)
The vegetable fats referred to in Article 2(1) are, singly or in blends, cocoa
butter equivalents and shall comply with the following criteria:
(a) they are non-lauric vegetable fats, which are rich in symmetrical monounsa-
turated triglycerides of the type POP, POSt and StOSt(1);
(b) they are miscible in any proportion with cocoa butter, and are compatible
withits ph ysical properties (melting point and crystallisation temperature,
melting rate, need for tempering phase);
(c) they are obtained only by the processes of refining and/or fractionation,
which excludes enzymatic modification of the triglyceride structure.
In conformity with the above criteria, the following vegetable fats, obtained
from the plants listed below, may be used:
Usual name of vegetable fatScientific name of the plants from which
the fats listed can be obtained
1. Illipe, Borneo tallow or Tengka-
wangShoreaspp.
2. Palm-oil Elaeis guineensis
Elaeis olifera
3. Sal Shorea robusta
4. Shea Butyrospermum parkii
5. Kokum gurgi Garcinia indica
6. Mango kernel Mangifera indica
Furthermore, as an exception to the above, Member States may allow the use of
coconut oil for the following purpose: in chocolate used for the manufacture of
ice cream and similar frozen products.2000L0036 — EN — 01.05.2004 — 001.001 — 10
(1) P (palmitic acid), O (oleic acid), St (stearic acid).