Amended proposal for a European Parliament and Council Directive relating to cocoa and chocolate products intended for human consumption
Date: 1998-03-03
Institutions: European Commission
Subjects: cocoa, confectionery product, foodstuffs legislation, human nutrition, labelling

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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 
abovementioned  proposal. 

the  Commission  has  decided 

to  amend 

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 
for 
the 
affect 
these 
cocoa-producing  countries. 
countries'  economic  situation  (amendments  16 and  64); 

The  proposal  should  make  no  difference 

cocoa  exports  and 

revenue  which 

they  generate 

to 

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 
abovementioned proposal  as follows: 

the  Commission  has  decided 

to  amend 

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 
"contains 
vegetable fats  other than  cocoa  butter", in 
addition  to  the  list  of  ingredients  and 
clearly distinct from it. 

statement: 

legible 

ARTICLE 3a 

The additives  used  in the  products  referred 
to in Part A of the Annex shall comply with 
the 
Directive 89/107/EEC 
provisions  adopted 
implementation 
thereof. 

and  with 

for 

ANNEX,  PART A, POINT 2(b), THIRD INDENT 

"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, 
that 
100 grammes of the product contains at 

such  proportions 

in 

"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 
finely  ground 
less 
hazelnuts, 

than  20% 

*  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. 

by 

"gianduia"  (or  one  of  the  derivatives 
of that name): the product  must  contain 
not  less  than  10%  milk  or  material 
or  wholly 
partly 
obtained 
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 

L-2985  Luxembourg 

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