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"BCOUNCIL 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 12.8.1974
"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 22.7.19781973L0241 — EN — 05.07.1978 — 005.001 — 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 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 may
impose conditions of unfair competition on undertakings, thereby
directly 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 in
respect of the composition, 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
increasingly harmonized;
Whereas in order to protect consumers in certain Member States, the
description ‘halbbitter’ is applied to chocolate characterized by a high
minimum 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 of three years for chocolate having a particularly high minimum
content 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 the
Community as a whole cannot be taken at the present time, as the
economic and technical data currently 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 been possible to complete and whereas the choice of these levels will
consequently have to be made at a later date;!B1973L0241 — EN — 05.07.1978 — 005.001 — 2
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 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 of
sampling 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 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
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 years
after new rules and definitions 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 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 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 describe chocolate, 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 the form ‘milk solids: … % minimum’;!B
(1) OJ No L 291, 19. 11. 1969, p. 9.1973L0241 — EN — 05.07.1978 — 005.001 — 3
!M3
— 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, 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 of cocoa-butter may not be used in the manufacture
of the products defined in Annex I.
Article 5
1. The Council, acting unanimously on a proposal from the Commis-
sion, 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
the extraction 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 solvents in 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 a maximum period of one year, suspend authorization to use that
substance or may 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, 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 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 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 the
following individual net weights only: 50 g, 75 g, 125 g, 250 g, 500 g,
750 g and 1 kg.!B
!M3
!M41973L0241 — EN — 05.07.1978 — 005.001 — 4
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 by an indication to the consumer of the filling product
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 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 of the 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 additional indication in question shall be compulsory
only in cases where these products 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; 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 on each unit
wrapper in so far as this is clearly legible from the outside; 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
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 and are
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 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.!B
!M3
!B
!M3
!B1973L0241 — EN — 05.07.1978 — 005.001 — 5
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 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 the
description ‘halbbitter’ to chocolate having a minimum total dry cocoa
solids 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 the
definitions 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 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.
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 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 shall give 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 41
votes, the votes of the Member States being weighted as provided in
Article 148 (2) of the Treaty. The Chariman shall not vote.!B1973L0241 — EN — 05.07.1978 — 005.001 — 6
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 on the measures to be taken. The Council shall act
by a qualified majority.
(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 the possibilities and the forms of extending the
use 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. 3
The Council shall decide later on a proposal from the Commissionthe measures to be applied for this purpose three years after 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 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 concern-
ing 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 3Member States shall, if necessary,
amend their laws in accordance with the provisions of this Directive and
shall forthwith inform the Commission thereof. 3"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. 3
Article 16
This Directive shall apply in the French overseas departments.!B1973L0241 — EN — 05.07.1978 — 005.001 — 7
Article 17
This Directive is addressed to the Member States.!B1973L0241 — EN — 05.07.1978 — 005.001 — 8
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 maximumcontent of 10 % ash — these percentages to be based on the weight of drydefatted 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 theweight 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 offat-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;
1.9 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 cocoapowder;!
B1973L0241 — EN — 05.07.1978 — 005.001 — 9
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 cocoapowder;
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 thefollowing 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 de-
termined using petroleum ethernot more than 0.35 %
—"
M3free fatty acid content 3 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 de-
termined using petroleum ethernot more than 0.50 %
—"M3free fatty acid content 3 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 byanother producer, is employed as a secondary raw material, it musthave been obtained from the raw materials listed above.
It shall have the following characteristics:
— level of unsaponifiable matter de-
termined using petroleum ethernot more than 0.50 %
—"
M3free fatty acid content 3 not more than 1.75 %
(expressed as oleic
acid)
— level of fat obtained from shells and
germsnot exceeding in pro-
portion to cocoa butterthe level existing nat-
urally in 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;!
B1973L0241 — EN — 05.07.1978 — 005.001 — 10
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 and couverture chocolate, a minimum total dry
cocoa solids content of 35 % — at least 14 % of dry non-fat cocoa solidsand 18 % of cocoa butter — these percentages to be calculated after theweight of the additions provided for in paragraphs 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 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 calculated after the weight of the additions referred to in paragraphs 5to 8 has been deducted;
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 cocoasolids content of 8 %, and secondly from finely ground hazelnuts in suchquantities 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 notexceed 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 ‘darkcouverture chocolate’ it shall contain a minimum of 31 % of cocoa butter
and 16 % of dry non-fat cocoa solids;
1.21 Milk 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 totallydehydrating 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 thedefinitions of milk chocolate vermicelli, gianduja nut milk chocolate andcouverture 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 abovenot less than 14 %
— butter fat not less than 3.5%!
B
!M5
!B
!M31973L0241 — EN — 05.07.1978 — 005.001 — 11
— 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;
1.22 Milk 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 butterfat;
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 abovenot less than 20 %
— 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;
1.23 Milk 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 1.21not less than 12 %
— butter fat not less than 3 %
— total fat not less than 12 %— sucrose not more than 66 %;
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 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 notless than 15 g of hazelnuts. Almonds, hazelnuts and other nut varieties mayalso 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;
1.25 Couverture milk chocolate
milk chocolate having a minimum content of 31 % of fat;!
M3
!B1973L0241 — EN — 05.07.1978 — 005.001 — 12
!M3
1.26 White chocolate
the product free of colouring matters, obtained from cocoa butter, sucrose
and from milk or solids obtained by partially or totally dehydrating wholemilk 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 abovenot 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;
1.27 Filled chocolate
without prejudice to the provisions applicable to the filling used, the filled
product — excepting flour confectionery or biscuit products — the outer
part of which consists of chocolate, plain chocolate, gianduja nutchocolate, couverture chocolate, milk chocolate, milk chocolate with highmilk content, gianduja nut milk chocolate, couverture milk chocolate or
white chocolate and constitutes at least 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 withhigh milk content, gianduja nut milkchocolate, couverture milkchocolate 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 productor, 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 andfat-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 amountof alkalizing agent added, expressed as potassium carbonate, does notexceed 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 ofdeodorization.!
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(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 decolor-
ant.
4. The products listed in paragraph 1 may contain instead of sucrose:
— crystallized glucose (dextrose), fructose, lactose or maltose amount-
ing 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 nameof the product shall be accompanied by the declaration ‘withcrystallized glucose’ or ‘with dextrose’.
5. (a) Foodstuffs having a flavouring effect, natural flavouring substances
and synthetic or artificial flavouring substances the chemicalcomposition 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), andethyl vanillin may be added to cocoa mass, to the various kinds ofcocoa 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 thetaste 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,
— 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 toa 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 cocoapowder intended for production of instant preparations, in so far as theprovisions relating to them allow and provided that this purpose is
indicated on the packings and in commercial documents.!
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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 withhigh 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 aform 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 chocolateproduct parts, which, pursuant to headings 1.27 and 1.28, mustrepresent 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 theirtotal 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 totalweight of the product, 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 inArticle 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 Economic
Community remain authorized.
2. (a) Notwithstanding Article 2 of this Directive, the new Member States
may, until 31 December 1977, apply to the products marketed in theirterritory national laws, in force at the time of their accession to theEuropean 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
tristearate, polyoxyethylene (20) sorbitan monostearate and
ammonium salts of phosphatidic acids in the cocoa and chocolateproducts referred to in 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 than1 January 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
human health and if their use is necessary on economic grounds.!
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