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COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 03.03.1998 
COM(97) 682 final 
96/0112 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
RELATING TO COCOA AND CHOCOLATE PRODUCTS 
INTENDED FOR HUMAN CONSUMPTION 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
In response to the European Parliament's Opinion of 23 October 1(W on the proposal 
tor a European Parliament and Council Directive relating to cocoa and chocolate products 
intended for human consumption (COM(95)722 final - 96/0112 (COD))2 and pursuant to 
Article 189a(2) of the EC Treaty, the Commission has decided to amend the 
abovementioned proposal. 
The Commission has approved the amendments concerning: 
- the reference to the Community rules on additives used in foodstuffs, which clarifies 
the text proposed by the Commission (amendment 14); 
the clearer definition of "gianduia" and of "gianduia" milk chocolate (amendments 19 
and 20) 
The Commission has approved part of the amendment concerning: 
- indication on the labelling of the use of vegetable fats other than cocoa butter, in 
addition to the list of ingredients and on the same side of the packaging as the sales 
name (amendment 36). Precise indication that the product contains vegetable fats is 
useful for consumers. However, the position on the labelling must be left freely to the 
discretion of the manufacturer. 
The Commission has rejected the amendments concerning: 
- taking into account the Community's international obligations, in particular under the 
International Cocoa Agreement (amendment 1). This is superfluous since the 
European Community is a party to the Agreement and must therefore comply with the 
obligations which it imposes; 
deletion of the wording concerning adaptation of the Directive on chocolate to 
technological process and changes in consumer tastes, since it is obvious that food 
legislation must take account of such changes (amendment 2); 
the uncertainties concerning the methods of analysis and monitoring use of vegetable 
fats in the end-product and the development of reliable methods of analysis before the 
proposal for a Directive enters into force (amendments 3, 12, 17 and 18). However, 
the degree of accuracy of the current methods of analysis for vegetable fats is no 
different than for other ingredients (for example, cocoa butter) in chocolate. Efficient 
verification methods exist already, notably to implement Directive 89/397/EEC on the 
official control of foodstuffs. Nevertheless, work is being carried out at the Joint 
Research Centre in Ispra, under the supervision of the Commission, to define more 
accurate methods of analysis. These should be available in 1999. The inspection 
1 Nol yet published. 
2 OJ No C 231, 9.8.19%, p. I. 
2-
authorities in the Member States will, therefore, be able to avail themselves of these 
instruments, in addition to the means already available to ensure correct application of 
Directive 8<)/397/KEC; 
taking into account the interests of and agreements with ACP countries and conclusion 
by the Community of long-term contracts with these countries. Article 13Ou of the 
Treaty calls on the Community to foster sustainable development in the ACP countries. 
However, this consideration is out of place in a Directive on the composition of 
products (amendments 4 and 10); 
the number of Member States which permit or prohibit vegetable fats other than cocoa 
butter, since this detail is unnecessary and could change in the future (amendment 5); 
the restriction oi" vegetable fats other than cocoa butter to tropical fats not obtained 
using enzymatic production processes. This restriction would radically change 
manufacturing practices in the countries currently authorising the addition of vegetable 
fats other than cocoa butter and could infringe the WTO rules on international trade. It 
is also unjustified from the technical point of view (amendments 7, 37 and 70); 
deletion of the derogation concerning the designation "milk chocolate" in the United 
Kingdom and Ireland. "Milk chocolate" is the trade name traditionally used for 
decades and associated by consumers in these countries with the product known in 
other European Union countries as "milk chocolate with high milk content" 
(amendments 9 and 21); 
the delegation of powers to the Commission to define methods of analysis for precise 
detection of vegetable fats, since it is not for the Commission to lay down such 
methods in rules which cannot be developed at the same pace as scientific progress 
(amendment 15); 
the implications of the proposal on exports from ACP countries and the call for the 
Commission to assess the impact thereof. Various factors not directly related to the 
proposal affect cocoa exports and the revenue which they generate for 
cocoa-producing countries. The proposal should make no difference to these 
countries' economic situation (amendments 16 and 64); 
indication of the quantity of vegetable fats other than cocoa butter in the list of 
ingredients, since this would not add significantly to the information available to the 
consumer since the proposal restricts the maximum content of such matter to 5% 
(amendment 35); 
the ban on indications or wording on the labelling relating to quality criteria for 
chocolate products containing vegetable fats other than fats derived exclusively from 
cocoa. This restriction fails to respect the traditions and consumer preferences in 
several Member States (amendment 40); 
the reference to chocolate as a natural product and the use of natural manufacturing 
processes. Chocolate is produced by many processes. This reference is therefore 
inappropriate (amendment 51). 
-3 -
Amended proposal for a European Parliament and Council Directive relating to 
cocoa and chocolate products intended for human consumption 
In response to the European Parliament's opinion of 23 October 19973 on the proposal 
for a European Parliament and Council Directive relating to cocoa and chocolate products 
intended for human consumption (COM(95)722 final - 96/0112 (COD))4 and pursuant to 
Article 189a(2) of the EC Treaty, the Commission has decided to amend the 
abovementioned proposal as follows: 
ORIGINAL TEXT AMENDED TEXT 
ARTICLE 2, SECOND PARAGRAPH 
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. 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 conspicuous and 
clearly legible statement: "contains 
vegetable fats other than cocoa butter", in 
addition to the list of ingredients and 
clearly distinct from it. 
ARTICLE 3a 
The additives used in the products referred 
to in Part A of the Annex shall comply with 
Directive 89/107/EEC and with the 
provisions adopted for implementation 
thereof. 
ANNEX, PART A, POINT 2(b), THIRD INDENT 
"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, "gianduia" (or one of the derivatives 
of that name): the product must contain 
at least 32% of total dry cocoa solids of 
which at least 18% is cocoa butter and 
8% non-fat cocoa solids on the one 
hand and finely ground hazelnuts on the 
other, in such proportions that 
100 grammes of the product contains at 
* Not yet published. 
4 OJ No C 231, 9.8.19%, p. 1. 
-4 
least 20 grammes and no more than 
40 grammes of hazelnuts. 
ANNEX, PART A, POINT 3(b), THIRD INDENT 
"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. "gianduia" (or one of the derivatives 
of that name): 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 on the one hand and finely 
ground hazelnuts on the other, in such 
proportions that 100 grammes of the 
product contains at least 15 grammes 
and no more than 40 grammes of 
hazelnuts. 
-5 

ISSN 0254-1475 
COM(97) 682 final 
DOCUMENTS 
EN 03 10 02 11 
Catalogue number : CB-CO-97-697-EN-C 
ISBN 92-78-28951-5 
Office for Official Publications of the European Communities 
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