8.4. 78 Official  Journal  of the European  Communities No C 84/7 
Opinion  on the proposal  for a Council  Directive  amending  for the fifth  time  Directive 
73/241/EEC  on the approximation  of the laws  of the Member  States  relating  to cocoa 
and chocolate  products  intended  for human  consumption 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 8 of 10 January  1978,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 5 January  1978,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
155th  plenary  session  held  in Brussels  on 1 and 2 February  1978. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community,  and  in particular  Article  100 
thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 5 January  1978  for an 
opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
13 December  1977  instructing  the Section  for Agricul-
ture to draw  up an opinion  on the matter, 
Having  regard  to the urgency  procedure  provided  for 
in Articles  46 and  47 of the Rules  of Procedure, 
Having  regard  to the  report  submitted  by the  rap-
porteur,  Mr Bourel, 
Having  regard  to the  opinion  issued  by the Section 
for Agriculture  at its meeting  on 19 January  1978, 
Having  regard  to the discussions  at its 155th  plenary 
session  held  on 1 and  2 February  1978  (meeting  of 
2 February  1978), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 1. General  observations 
The proposal  has two  purposes.  The  first  is to amend 
the definition  of gianduja  nut  chocolate  by making 
provision  for the inclusion  in it of up to 5 % of milk 
solids;  the second  purpose  is to update  the provisions 
of Annex  II, which  at present  relate  to special 
measures  affecting  Denmark,  Ireland  and  the United 
Kingdom  only  and  were  due  to expire  on 31 Decem-
ber 1977. 
2. Specific  observations  on the Commission  proposal 
2.1. Article  II 
With  respect  to Annex  1.1.19  gianduja  (or one  of the 
derivatives  of the word  'gianduja')  nut chocolate,  up 
to 5 % of milk  solids  (including  not more  than  1-25  % 
of butter  fat)  may  be added,  without  changing  the 
quantities  of other  ingredients  to be included  in the 
product.  The  Committee  considers  that  this  should 
not create  any  difficulties  or confusion  with  gianduja 
nut milk  chocolate,  for which  a separate  standard  is 
included  (1.24). 
No C 84/8 Official  Journal  of the European  Communities 8. 4. 78 
2.2. Article  111 
Annex  II to Directive  73/241/EEC  relates  to the 
special  measures  adopted  in 1973  to meet  the require-
ments  of the new  Member  States  (Denmark,  Ireland 
and the United  Kingdom).  The  provisions  of Article  2 
of Annex  II were  intended  to apply  until  31 December 
1977,  that  is up to the  end  of the  transition  period 
for the new  Member  States.  In the event,  as explained 
in the  present  Commission  proposal,  it is not  yet 
possible  to take  final  decisions  on the various  points. 
The new  proposals,  therefore,  allow  the  continued 
operation  of the existing  provisions. 
2.3. Article  IV 
The lead-in  to the  amendment  of paragraph  2 of 
Annex  II is vague  and  there  are discrepancies  between 
the various  language  versions.  The  Committee  there-
fore proposes  the following  amendment: 
'2. Notwithstanding  Article  2 of the  Directive, 
Member  States  may  maintain  the  provisions  of 
national  legislation  in force  at the  date  of 
notification  of the  Directive  which  authorize  the 
use of:....' 
2.4. The  comments  which  are made  in respect  of 
the use of phosphoric  acid,  flavouring  substances  and 
emulsifiers  and  stabilizers  are  intended  to take 
account  of the special  requirements  of some  Member 
States  and  should  not be taken  to apply  to the use of 
these  additives  in food  products  generally. 
2.4.1.  On  the  assumption  that  adequate 
technological  justification  has  been  provided  for the 
use of phosphoric  acid  as a neutralizing  agent  in 
cocoa  products  alkalized  in accordance  with  the provisions  of Annex  I (2),  the Committee  can  accept 
the Commission's  proposal. 
The Committee  understands  that  only  one  producer 
in the Community  uses  this  additive. 
The Committee  would  like  to see  uniform  rules 
introduced  under  the  Directive  for all the  Member 
States  as soon  as possible.  At  that  stage  the 
Commission  will  have  to assess  all the  relevant 
factors  in the  case:  technological  need,  nutritional 
aspects  (phosphorus/calcium  relationship),  etc. 
2.4.2.  Pending  the  adoption  of  Community 
legislation  on the use  of flavouring  substances  other 
than  those  referred  to in Annex  I (5)  (a),  the 
Committee  can  tolerate  their  use,  provided  that  the 
consumer  is informed  by the  label,  as described  in 
Annex  I (5) (b) that  the  product  he is purchasing 
owes  some  of its flavour  to artificial  substances  and 
not to cocoa. 
2.4.3.  Directive  74/329/EEC  of 18 June  1974  states 
that in the five  years  following  its date  of notification, 
Member  States  may  authorize  use  of the emulsifiers 
listed  in its Annex  II. The  said  Annex  II includes  in 
particular  the  five  emulsifiers  listed  in the  present 
proposal  and  the  Committee  can,  therefore,  accept 
their  use  in cocoa  and  chocolate  products  subject  to 
compliance  with  Article  3 (2) of Directive  74/329/ 
EEC. 
Nevertheless,  the  Committee  would  draw  attention 
to the need  to ensure  that  all the substances  listed  in 
Annex  II are  investigated  in good  time  by the 
Scientific  Committee  on Food  (so that  a decision  can 
be taken  before  the  five-year  period  expires,  i.e. 
before  June  1979). 
Done  at Brussels,  2 February  1978. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI