1973L0241 — EN — 01.01.1986 — 010.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 24July 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 12.8.1974
►M2 Council Directive 74/644/EEC of 19 December 1974 L 349 63 28.12.1974
►M3 Council Directive 75/155/EEC of 4 March 1975 L 64 21 11.3.1975
►M4 Council Directive 76/628/EEC of 20 July 1976 L 223 1 16.8.1976
►M5 Council Directive 78/609 /EEC of 29 June 1978 L 197 10 22.7.1978
►M6 Council Directive of 10 October 1978 L 291 15 17.10.1978
►M7 Council Directive 80/608/EEC of 30 June 1980 L 170 33 3.7.1980
►M8 Council Directive 85/7/EEC of 19 December 1984 L 2 22 3.1.1985
Amended by:
►A1 Act of Accession of Greece L 291 17 19.11.1979
►A2 Act of Accession of Spain and Portugal L 302 23 15.11.1985
▼B
COUNCIL DIRECTIVE
of 24July 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 manufacturingspecifications, and whereas they prescribe the use of these names in themarketing of these products;
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 mayimpose conditions of unfair competition on undertakings, therebydirectly affecting the 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 inrespect of the composition, manufacturing specifications, packaging andlabelling 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 foodstuffsare increasingly harmonized;
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 fora period of three years for chocolate having a particularly high minimumcontent of dry cocoa 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 of this facility; whereas, however, a decision relating to the
possibilities and forms of any extension of the use of these fats in theCommunity as a whole cannot be taken at the present time, as theeconomic and technical data currently available are not sufficient toenable a final position to be adopted; whereas the situation will
consequently have to be re-examined in the light of future develop-
ments;
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 isnot yet possible to do so for cocoa powder products, as the choice of thevarious levels for the scale in this case requires closer study which it has
not been possible to complete and whereas the choice of these levels will
consequently have 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 moreof the Member States; whereas it is therefore desirable to enableconsumers to become used to these new names by allowing both the new1973L0241 — EN — 01.01.1986 — 010.001 — 2
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names and those at present in force to be applied during a specified
period;
Whereas establishing the methods of analysis needed to verify that
certain products satisfy purity criteria and determining the methods ofsampling and analysis needed for checking the composition and
manufacturing specifications of cocoa and chocolate products are
implementing measures of a technical nature and whereas, in order tosimplify and speed up procedure, the task of adopting them should beentrusted to the Commission;
Whereas it is desirable that for all cases where the Council empowers
the Commission to implement rules relating to foodstuffs, provisionshould be made 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 yearsafter new rules and definitions have been adopted by the Member States;whereas, however, application of the scale of weights laid down forcertain kinds of packaging will make it necessary to adapt industrialequipment in the Member States and that therefore the period for
implementing this rule should be extended to three 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 theyconform to the definitions and rules laid down in this Directive and inAnnex 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 designatethem.
Nevertheless,
— the names ‘pralina’ or ‘cioccolatino’ may be used in Italy and the
name ‘a chocolate’ may be used in Ireland and the United Kingdomto describe chocolate, plain chocolate, gianduja nut chocolate, milkchocolate, 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 ofmilk solids obtained by evaporation, laid down for each of the twoproducts, in the form ‘milk solids: … % minimum’;
— the name ‘filled chocolate’ may be replaced in English by one of the
following: ‘chocolate with … filling’, ‘chocolate with … centre’.
2. The provisions of the aforegoing paragraph shall not, however,
affect arrangements whereby these names can be used additionally, in1973L0241 — EN — 01.01.1986 — 010.001 — 3
(1) OJ No L 291, 19. 11. 1969, p. 9.▼M3
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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 of cocoa-butter may not be used in the manufacture of theproducts defined in Annex I.
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 fortreatment 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
the extraction of cocoa-butter other than petroleum spirit 60/75 known
as Essence B, or its pure principal fraction. During this period MemberStates may, however, continue to implement national provisionsauthorizing other solvents in respect of products marketed in theirterritory.
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 moreof the ingredients determined by virtue of paragraph 1 (b) contained insuch a substance, might endanger human health, a Member State may,
for a maximum period of one year, suspend authorization to use that
substance or may reduce the maximum authorized level of one or moreof the ingredients in question. It shall immediately inform theCommission thereof and the Commission shall consult the MemberStates.
The Council acting unanimously on a proposal from the Commission
shall decide without delay whether measures need to be adopted and, ifso, shall adopt 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 inthe 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 eachweighing not less than 85 g and not more than 500 g, shall be marketed
in the following individual weights only: 85 g, 100 g, 125 g, 150 g,
200 g, 250 g, 300 g, 400 g and 500 g.
2. The cocoa powder products referred to in Annex I, headings 1.8 to
1.13, when packaged in units having an individual net weight equal to or
more than 50 g and not exceeding 1 kg, shall be marketed in thefollowing individual net weights only: 50 g, 75 g, 125 g, 250 g, 500 g,750 g and 1 kg.
Article 7
1. The only information which is compulsory on the packages,
containers or labels of the products defined in Annex 1 and which mustbe 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 heaccompanied by an indication to the consumer of the filling product1973L0241 — EN — 01.01.1986 — 010.001 — 4
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used, without prejudice 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 drycocoa content by the declaration ‘cocoa solids … % minimum’;
(c) For filled chocolate and chocolates obtained from chocolate
products other than chocolate and couverture chocolate, anadditional indication of the type or types of chocolate used.However, in the case of chocolates, for a period of five yearsfrom the notification of this Directive, in as much as this is notcompulsory under national provisions, the additional indication in
question shall be compulsory only in cases where these products are
obtained from plain chocolate, milk chocolate with high milkcontent 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; however,
in the case of products weighing less than 50 g per unit and
presented in packages containing two or more such products whose
total net weight on the outer wrapper or the individual net weight oneach unit wrapper in so far as this is clearly legible from the outside;in the case of hollow moulded products this information may bereplaced 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 theCommunity.
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 require indication 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.
2. (a) Where the products defined in Annex I are put up in packages
or containers holding a net weight of not less than 10 kilogrammes andare not retailed, the information referred to in paragraph 1 (b), (c), (d)and (e), together with the information referred to in paragraph 1 (f) for
products defined in Annex I, headings 1.1 to 1.7, may appear only in the
accompanying documents.
3. Member States shall refrain from stating, apart from what is laid
down in paragraph 1, how the information referred to in that paragraphis 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 thewrapping 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 byevaporation, including at least 4·5 % butter fat.1973L0241 — EN — 01.01.1986 — 010.001 — 5
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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 reservedname to be shown on packages, containers or labels, together with thename previously used in accordance with the usages or regulations of thecountry concerned at the 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 thedescription ‘halbbitter’ to chocolate having a minimum total dry cocoasolids content of 50 %, 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 thedefinitions and rules laid down in this Directive and in Annex I thereof,
cannot be impeded by the application of national non-harmonized
provisions governing the composition, manufacturing specifications,packaging or labelling of these products in particular or of foodstuffs ingeneral.
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.
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 manufacturingspecifications 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 setup 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 a representative 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 shallgive its Opinion on that 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 ►
A2fifty-four ◄votes, the votes of the Member
States being weighted as provided in Article 148 (2) of the Treaty. TheChariman 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, theCommission shall without delay submit to the Council a proposalon the 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 bythe Commission.1973L0241 — EN — 01.01.1986 — 010.001 — 6
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Article 13
The provisions of Article 12 shall apply ►M8for a period of two years
from the date on which the matter was first referred to the Committee
after 1 January 1985 ◄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 thisDirective the Council shall decide, on a proposal from theCommission, on the possibilities and the forms of extending theuse of these fats to the whole of the Community;
(b) Authorizing or prohibiting the retail sale of the various chocolate
products without wrapping;
(c)►
M3Prohibiting the marketing of products presented in the form
of bars or tablets weighing more than 75 g and not more than
85 g.◄The Council shall decide later on a proposal from the
Commission the measures to be applied for this purpose three yearsafter the notification of this Directive;
(d) Laying down less stringent regulations on labelling in the retail sale
of fancy products such as figurines, cigarettes, eggs and loosechocolates; in such cases the provisions may only require the placingof a notice near the displayed product;
(e) Applicable to dietary products, until Community provisions
concerning these are put into effect;
(f) Authorizing the offering for sale of chocolate products other than
those defined in Annex I under the names ‘cream chocolate’ or‘skimmed-milk chocolate’.
3. This Directive shall not apply to products listed in Annex I (1)
intended for export from the Community.
Article 15
►
M1By►M21 July 1975 ◄Member States shall, if necessary,
amend their laws in accordance with the provisions of this Directive andshall forthwith inform the Commission thereof. ◄►
M3The laws
thus amended shall be applied in such a way as to:
— permit trade in products complying with the provisions laid down in
this Directive, as from 1 January 1976,
— prohibit trade in products not complying with the provisions laid
down in this Directive, as from 1 January 1977. ◄
Article 16
This Directive shall apply in the French overseas departments.
Article 17
This Directive is addressed to the Member States.1973L0241 — EN — 01.01.1986 — 010.001 — 7
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ANNEX I
1. For the purposes of this Directive, the following definitions shall apply:
1.1Cocoa beans
the seeds of the cacao-tree (Theobroma cacao L.)fermented and dried;
1.2Cocoa 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;
1.3Cocoa 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;
1.4Cocoa mass
cocoa nib reduced to a paste by a mechanical process without losing any of
its natural fat content;
1.5Cocoa 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;
1.6Fat-reduced cocoa press cake
cocoa press cake containing a minimum of 8 % of cocoa butter, based on
the weight of the dry matter;
1.7Expeller cocoa press cake
cocoa beans, cocoa dust, with or without cocoa nib or cocoa press cake,
converted into cake by the expeller process;
1.8Cocoa, 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 be based on the weight of the dry matter — and a maximum of 9 % of
water;
1.9Fat-reduced cocoa, fat-reduced cocoa powder
cocoa powder containing a minimum of 8 % of cocoa butter based on the
weight of the dry matter;
1.10Sweetened 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;
1.11Drinking 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;
1.12Sweetened 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;
1.13Fat-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;1973L0241 — EN — 01.01.1986 — 010.001 — 8
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1.14Cocoa 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
following forms 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
determined using petroleum
ether not more than 0·35 %
—►M3free fatty acid content ◄ 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
determined using petroleum
ether not more than 0·50 %
—►M3free fatty acid content ◄ 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
one or 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 accordance
with the provisions of paragraph 3 (b); where cocoa fat, prepared either
by the 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
determined using petroleum
ether not more than 0·50 %
—►M3free fatty acid content ◄ not more than 1·75 %
(expressed as oleic acid)
— level of fat obtained from shells
and germsnot exceeding in proportion
to cocoa butter the level
existing naturally in cocoa
beans.
1.15Cocoa 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;
1.16Chocolate
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 and couverture chocolate, a minimum total dry cocoa solids
content of 35 % — at least 14 % of dry non-fat cocoa solids and 18 % of
cocoa butter — these percentages to be calculated after the weight of the
additions provided for in paragraphs 5 to 8 has been deducted;
1.17Plain 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 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 be1973L0241 — EN — 01.01.1986 — 010.001 — 9
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calculated after the weight of the additions referred to in paragraphs 5 to 8
has been deducted;
1.18Vermicelli 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;
1.19Gianduja (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 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 nuts.
The following may also be added:
— milk or dry matter produced by the partial or complete dehydration of
whole milk or partially or fully skimmed milk in a proportion such that
the finished product contains no more than a total of 5 % by weight of
dry milk solids including not more than 1.25 % of butterfat,
— 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;
1.20Couverture 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
couverture chocolate’ it shall contain a minimum of 31 % of cocoa butter
and 16 % of dry non-fat cocoa solids;
1.21Milk chocolate
the product obtained from cocoa nib, cocoa mass, cocoa powder or fat-
reduced cocoa powder and sucrose, with or without added cocoa butter, and
also from milk or from solids obtained by partially or totally dehydrating
whole milk or from partially or wholly skimmed milk, and where
appropriate, from cream, partially or totally dehydrated cream, butter or
butter fat; it shall have the following characteristics, subject to the
definitions of milk chocolate vermicelli, gianduja nut milk chocolate and
couverture milk chocolate:
— total dry cocoa solids not less than 25 %
— dry non-fat cocoa solids not less than 2·5 %
— total dry milk solids derived from
the ingredients listed above not less than 14 %
— butter fat not less than 3·5 %— total fat not less than 25 %
— sucrose not more than 55 %;
these percentages being calculated after the weight of the additions provided
for in paragraphs 5 to 8 has been deducted;
1.22Milk chocolate with high milk content
the produce obtained from cocoa nib, cocoa mass, cocoa powder or fat-
reduced cocoa powder and sucrose, with or without added cocoa butter, and
also from milk or from solids obtained by partially or totally dehydrating
whole milk or from partially or wholly skimmed milk, and, possibly, from
cream, partially or totally dehydrated cream, butter or butter fat;
it shall have the following characteristics:
— total dry cocoa solids not less than 20 %
— dry non-fat cocoa solids not less than 2·5 %
— total dry milk solids derived from
the ingredients listed above not less than 20 %1973L0241 — EN — 01.01.1986 — 010.001 — 10
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— butter fat not less than 5 %
— total fat not less than 25 %
— sucrose not more than 55 %;
these percentages being calculated after the weight of the additions provided
for in paragraphs 5 to 8 has been deducted;
1.23Milk chocolate vermicelli, milk chocolate flakes
milk chocolate in the form of granules or flakes having the following
characteristics which differ from those laid down in paragraph 1, heading
1.21:
— total dry cocoa solids not less than 20 %
— total dry milk solids derived from
the ingredients listed in heading
1.21 not less than 12 %
— butter fat not less than 3 %— total fat not less than 12 %
— sucrose not more than 66 %;
1.24Gianduja (or one of the derivatives of the word ‘gianduja’)nut milk
chocolate
the product obtained, firstly, from milk chocolate having a minimum dry
milk solids content content of 10 % and, secondly, from finely ground
hazelnuts such that 100 g of the product contain not more than 40 g and not
less than 15 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 the
product;
1.25Couverture milk chocolate
milk chocolate having a minimum content of 31 % of fat;
1.26White chocolate
the product free of colouring matters, obtained from cocoa butter, sucrose
and from milk or solids obtained by partially or totally dehydrating whole
milk or partially or wholly skimmed milk, and, possibly, from cream,
partially or wholly dehydrated cream, butter or butter fat; it shall have the
following characteristics:
— cocoa butter not less than 20 %
— total dry milk solids derived from
the ingredients listed above not less than 14 %
— butter fat not less than 3·5 %— sucrose not more than 55 %;
these percentages being calculated after the weight of the additions provided
for in paragraphs 5 to 8 has been deducted;
1.27Filled chocolate
without prejudice to the provisions applicable to the filling used, the filled
product — excepting flour confectionery or biscuit products — the outer
part of which 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 at least 25 % of the total weight of the product;1973L0241 — EN — 01.01.1986 — 010.001 — 11
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1.28A 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 the
chocolate parts are clearly visible at least partially, and constitute at
least 25 % of the total weight of the product or, of a mixture of
chocolate, plain chocolate, couverture chocolate, milk chocolate, milk
chocolate with high milk 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-
reduced cocoa powder may be alkalized only by one or more of the
following products: alkaline carbonates, alkaline hydroxides, magnesium
carbonate, magnesium oxide, 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.
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
necessary for 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 the
product shall be accompanied by the declaration ‘with crystallized
glucose’ 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 flavouring
substances (with the exception of flavouring preparations suggesting the
taste of natural chocolate or milk fat), and ethyl vanillin may be added
to cocoa mass, to the various kinds of cocoa powder, chocolate and milk
chocolate, 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 is the predominant one.
This declaration shall be made:
— where a foodstuff having a flavouring effect is employed, by
giving its name,1973L0241 — EN — 01.01.1986 — 010.001 — 12
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— where flavouring substances other than ethyl vanillin are
employed, by adding to the name the statement ‘… taste’ or
‘… flavour’ with a statement, in characters of equal size,
indicating the nature of the taste or flavour. 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
listed in 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 of chocolate 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 for production of instant preparations, in so far as the
provisions relating to them allow and provided that this purpose is indicated
on the packings and in commercial 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 milk content, 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, couverture milk
chocolate or white chocolate;
(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
substances is 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 least 25 % of the total weight.
8. Chocolate, plain chocolate, milk chocolate, milk chocolate with high milk
content, white chocolate, filled chocolate and chocolates may be partially
coated with edible substances representing a maximum of 10 % of their total
weight. 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 the product, coating included.1973L0241 — EN — 01.01.1986 — 010.001 — 13
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ANNEX II
Special measures
1. Notwithstanding Article 2 of this Directive, Ireland shall be exempt from
applying to products marketed in its territory the provisions laid down in
Article 6 during the whole period for which the units of weight legally used
in that country at the time of its accession to the European EconomicCommunity remain authorized.
1a. Member States may authorize the addition of ammonium salts of
phosphatidic acids to the cocoa and chocolate products referred to in Annex
I (1) with the exception of cocoa nib.
The name of the product shall be accompanied by the declaration of this
addition and its percentage, except when ammonium salts of phosphatidic
acids are added to the various kinds of chocolate referred to in Annex I under
headings 1.16 to 1.28.
If ammonium salts of phosphatidic acids are used, the maximum percentages
laid down in the third subparagraph of Annex I (6) shall also apply.
The Council may, in accordance with the procedure laid down in Article 100
of the Treaty, include this substance in Annex I.
2. (a) This Directive shall not affect those provisions of national laws which are
in force on 1 August 1973 and which authorize the use of:
(i) phosphoric acid as a neutralizing agent in cocoa products alkalized
in accordance with Annex I, paragraph 2;
(ii) flavouring substances other than those referred to in paragraph 5 (a)
of Annex I, in the cocoa and chocolate products referred to in that
paragraph;
(iii) polyglycerol polyricinoleate and sorbitan tristearate in the cocoa and
chocolate products referred to in the first subparagraph of Annex I
(6).
(b) The derogation provided for:
(i) in (a) (i) shall end on 30 June 1981; however, before that date, the
Council may, in accordance with the procedure laid down in Article
100 of the Treaty, include in Annex I the substance specified in
point (a) (i); a decision to include this substance in Annex I may be
adopted only if scientific research has established that it is not
harmful to human health and if its use is necessary on economic
grounds;
(ii) in point (a) (ii) shall end on a date to be fixed by the Council before
1 January 1983, in accordance with the procedure laid down in
Article 100 of the Treaty and at any rate at the time of the entry into
force of Community rules listing the flavouring substances which
may be used in foodstuffs;
(iii) in point (a) (iii) shall end on ►
M731 December 1983 ◄; before
that date, however, the Council may, in accordance with the
procedure laid down in Article 100 of the Treaty, include the
substances specified in point (a) (iii) in the first subparagraph of
paragraph 6 of Annex I.1973L0241 — EN — 01.01.1986 — 010.001 — 14
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