Proposal for a European Parliament and Council Directive relating to cocoa and chocolate products intended for human consumption

(96/C 231/01)

COM(95) 722 final - 96/0112(COD)

(Submitted by the Commission on 30 May 1996)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure specified in Article 189b of the Treaty,

Whereas certain vertical Directives relating to foods should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, confirmed by those of the European Council in Brussels on 10 and 11 December 1993;

Whereas attention should be paid to the drafting of Community law so as to make it more accessible, in accordance with the guidelines emerging from the Council Resolution of 8 June 1993 (1);

Whereas Council Directive 73/241/EEC of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (2), as last amended by Directive 89/344/EEC (3), was justified 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 effect on the establishment and functioning of the common market;

Whereas the aforesaid Directive was consequently designed to lay down definitions and common rules in respect of the composition, manufacturing specifications, packaging and labelling of cocoa and chocolate products so as to ensure their free movement within the Community;

Whereas those definitions and rules should be amended to take account of technological progress and changes in consumer tastes, and should be brought into line with general Community legislation on foodstuffs, particularly legislation on labelling, sweeteners and other authorized additives, extraction solvents and methods of analysis;

Whereas, for the sake of clarity, that Directive should therefore be recast;

Whereas the use in chocolate products of vegetable fats other than cocoa butter, up to a content of 5 %, is permitted in certain Member States;

Whereas, in order to apply the principle of proportionality contained in the third paragraph of Article 3b of the Treaty, and in order to take account of the various national manufacturing traditions, Member States must have the option of deciding which of those vegetable fats to use in their national products, under the conditions laid down in this Directive;

Whereas 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 descriptions deriving from the provisions of the Annex to this Directive;

Whereas, in pursuance of the general food-labelling rules set out in Council Directive 79/112/EEC (1), as last amended by Commission Directive 93/102/EC (2), and in particular Article 6 thereof, a listing of the ingredients of chocolate is made compulsory and provides consumers with correct information;

Whereas in pursuance of that Directive it is possible to refer to the non-use of fats where this does not mislead purchasers;

Whereas, in the case of chocolate products containing vegetable fats, consumers should be guaranteed correct, neutral and objective information on the composition of the product by means of additional information on the labelling, in addition to the list of ingredients;

Whereas 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`;

Whereas the derogation in Directive 73/241/EEC allowing the United Kingdom and Ireland to authorize the use on their territory of the name 'milk chocolate` to designate 'milk chocolate with high milk content` should be maintained;

Whereas the Commission should be given the power to effect future adaptations to this Directive, acting via the consultation procedure within the Standing Committee for Foodstuffs;

Whereas, to avoid creating new barriers to free movement, Member States should refrain from adopting more detailed rules or rules not covered by this Directive for the products in question,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to the cocoa and chocolate products intended for human consumption, as defined in the Annex.

Article 2

Member States may authorize the addition of vegetable fats other than cocoa butter to those chocolate products defined in points A (2), (3), (4), (5), (7) and (8) in the Annex. That addition may not exceed 5 % of the finished product, after deduction of the total weight of any other edible matter used in accordance with item B of the Annex, without reducing the minimum content of cocoa butter or total dry cocoa matter.

Chocolate products which, in pursuance of the first paragraph, contain vegetable fats other than cocoa butter may be marketed in all of the Member States, provided that their labelling, as provided for in Article 3, is supplemented by a clear, neutral and objective statement that those substances are present in the finished product, in addition to the list of ingredients.

Article 3

Directive 79/112/EEC shall apply to the products defined in the Annex, subject to the following derogations:

1. The sales names listed in the Annex 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, in accordance with custom, to designate other products which cannot be confused with those defined in the Annex.

2. Where the products defined in points A (2), (3), (4), (5), (6) and (9) of the Annex are sold in assortments, the sales names may be replaced by 'assorted chocolates` or 'assorted filled chocolates` or similar names. In that case, there shall be a single list of ingredients for all the products in the assortment.

3. The labelling of the cocoa and chocolate products defined in points A (1), (2), (3) and (4) of the Annex must indicate the total dry cocoa solids content by including the words: 'cocoa: . . . % minimum`.

4. In the case referred to in point A (1) (b) of the Annex, the labelling must indicate the quantity of sugar added and/or the cocoa butter content.

5. The sales names 'chocolate`, 'milk chocolate` and 'couverture chocolate` specified in the Annex may be supplemented by information or descriptions relating to quality criteria provided that the products contain:

- in the case of chocolate, not less than 43 % total dry cocoa solids, including at least 26 % cocoa butter,

- in the case of milk chocolate, not less than 30 % total dry cocoa solids and not less than 18 % milk or material obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or 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 non-fat dry cocoa.

Article 4

Member States shall refrain from adopting more detailed national provisions or provisions not covered by this Directive for the products in question.

Article 5

Any adaptations of this Directive to general Community provisions on foodstuffs and to technical progress shall be adopted in accordance with the procedure laid down in Article 6.

Article 6

The Commission shall be assisted by the Standing Committee for Foodstuffs, hereinafter referred to as 'the Committee`, composed of representatives of the Member States and chaired by a representative of the Commission.

The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall be entitled to ask for its position to be recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

Article 7

Directive 73/241/EEC is hereby repealed with effect from 1 January 1998.

References to the repealed Directive shall be construed as references to this Directive.

Article 8

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1998. They shall immediately inform the Commission thereof.

The provisions shall be applied so as to:

- authorize the marketing of the products defined in the Annex if they conform to the definitions and rules laid down in this Directive, with effect from 1 January 1998,

- prohibit the marketing of products which fail to conform to this Directive, with effect from 1 July 1998.

However, the marketing of products failing to comply with this Directive but labelled before 1 January 1998 in accordance with Directive 73/241/EEC shall be permitted until stocks are exhausted.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 9

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 10

This Directive is addressed to the Member States.

(1) OJ No C 166, 17. 6. 1993, p. 1.

(2) OJ No L 228, 16. 8. 1973, p. 23.

(3) OJ No L 142, 25. 5. 1989, p. 19.

(1) OJ No L 33, 8. 2. 1979, p. 1.

(2) OJ No L 291, 25. 11. 1993, p. 14.

ANNEX

NAMES, DEFINITIONS AND CHARACTERISTICS OF THE PRODUCTS

A. NAMES AND DEFINITIONS

1. Cocoa powder, cocoa

(a) Designates the product obtained by converting into powder cocoa beans which have been cleaned, shelled and roasted, and which, subject to (b), contains not less than 20 % cocoa butter, calculated according to the weight of the dry matter, and not more than 9 % water.

(b) However, this name may be used with additional reference to the presence of sugar and/or sweeteners and/or a reduced cocoa butter content.

2. Chocolate

(a) Designates the product obtained from cocoa products and sugars and/or sweeteners 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`, 'flakes`: the product presented in the form of granules or flakes must contain at least 32 % total dry cocoa solids of which at least 12 % is cocoa butter, and at least 14 % dry non-fat cocoa solids,

- 'couverture`: the product must contain 35 % total dry cocoa solids of which at least 31 % is cocoa butter, and at least 2,5 % dry non-fat cocoa solids,

- 'gianduia`: the product must contain at least 32 % of total dry cocoa solids of which at least 18 % is cocoa butter, at least 8 % dry non-fat cocoa solids, and not less than 20 % finely ground hazelnuts,

- 'powdered` or 'in powder`: the product must consist of a mixture of cocoa powder and sugars and/or sweeteners, containing at least 32 % cocoa powder,

- 'drinking`: the product must consist of a mixture of powder cocoa and sugars and/or sweeteners, containing not less than 25 % cocoa powder.

3. Milk chocolate

(a) Designates the product obtained from cocoa, sugars and/or sweeteners and milk or milk products, which, subject to (b), contains:

- not less than 25 % total dry cocoa solids,

- not less than 14 % milk or material obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or 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.

(b) However, where this name is supplemented by the words:

- 'vermicelli`, 'flakes`: the product presented in the form of granules or flakes must contain not less than 20 % total dry cocoa solids, not less than 12 % milk or material obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or partly or wholly dehydrated cream, butter or milk fat and at least 12 % total fats,

- 'couverture`: the product must have a minimum total fat content of 31 %,

- 'gianduia`: the product must contain not less than 10 % milk or material obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or partly or wholly dehydrated cream, butter or milk fat, and not less than 15 % finely ground hazelnuts.

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 %.

(c) The United Kingdom and Ireland may authorize the use in their territory of the name 'milk chocolate` to designate the product referred to in point 4.

4. Milk chocolate with high milk content

Designates the product obtained from cocoa, sugars and/or sweeteners and milk or milk products and which contains:

- not less than 20 % total dry cocoa solids,

- not less than 20 % milk or material obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or 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.

5. White chocolate

Designates the product obtained from cocoa butter, milk or a milk product and sugars and/or sweeteners which contains not less than 20 % cocoa butter and not less than 14 % milk or material obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or partly or wholly dehydrated cream, butter or milk-fat, of which not less than 3,5 % is milk fat.

6. Filled chocolate, chocolate with . . . filling, chocolate with . . . centre

Designates the filled product the outer part of which consists of one of the products defined in points 2, 3, 4 or 5 and constitutes not less than 25 % of the total weight of the product.

However this provision does not apply to the fillings of filled chocolate nor to products the inside of which consists of bakery, pastry or biscuit products or edible ice.

7. Chocolate a la taza

Designates the product obtained from cocoa products, sugars and/or sweeteners, and flour or starch from wheat, rice or maize, which contains not less than 35 % total dry cocoa solids, including not less than 14 % dry non-fat cocoa solids and not less than 18 % cocoa butter, and not more than 8 % flour or starch.

8. Chocolate familiar a la taza

Designates the product obtained from cocoa products, sugars and/or sweeteners, and flour or starch from wheat, rice or maize, which contains not less than 30 % total dry cocoa solids, including not less than 12 % dry non-fat cocoa solids and not less than 18 % cocoa butter, and not more than 18 % flour or starch.

9. A chocolate-praline

Designates the product in single-mouthful size, consisting of:

- filled chocolate, or

- a combination or a mixture of chocolate within the meaning of the definitions given in points 2, 3, 4 or 5 and other edible substancess, provided that chocolate constitutes not less than 25 % of the total weight of the product.

B. OPTIONAL AUTHORIZED INGREDIENTS

Additions of edible matter

Subject to Article 2, other edible matter may be added to the chocolate products defined in points A (2), (3), (4), (5), (7) and (8).

However, the addition:

- of animal fats and their preparations not deriving solely from milk, and aromatic compounds mimicking the taste of natural chocolate or of milk fat, shall be prohibited,

- of flours, granular or powdered starch shall only be authorized where the addition is to those products defined in points A (7) and (8).

The quantity of those edible substances added may not exceed 40 % of the total weight of the finished product.

C. CALCULATION OF PERCENTAGES

The minimum contents laid down in points A (2), (3), (4), (5), (7) and (8) shall be calculated after deduction of the weight of the additives provided for in point B.

The chocolate contents of the products defined in points A (6) and (9) shall be calculated in relation to the total weight of the finished product, including its filling.