Common Position (EC) No 1/2000 of 28 October 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council relating to cocoa and chocolate products intended for human consumption
Date: 1999-10-28
Institutions: Council of the European Union
Subjects: cocoa, confectionery product, human nutrition, product quality, vegetable fats

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 1/2000

adopted by the Council on 28 October 1999

with a view to adopting Directive 2000/.../EC of the European Parliament and of the Council
relating to cocoa and chocolate products intended for human consumption

(2000/C 10/01)

EUROPEAN PARLIAMENT AND THE COUNCIL OF

THE
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1) 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;

(2) 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 (4) was warranted by the fact that differences
between national laws on several kinds of cocoa and

(1) OJ C 231, 9.8.1996, p. 1 and OJ C 118, 17.4.1998, p. 10.
(2) OJ C 56, 24.2.1997, p. 20.
(3) Opinion of the European Parliament of 28 October 1997 (OJ C
339, 10.11.1997, p. 123), Council common position of
28 October 1999 and decision of the European Parliament of ...
(not yet published in the Official Journal).

(4) OJ L 228, 16.8.1973, p. 23. Directive as last amended by Directive

89/344/EEC (OJ L 142, 25.5.1989, p. 19).

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;

(3) 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;

(4) 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, in particular
legislation on labelling, sweeteners and other authorised
additives, flavourings, extraction solvents and methods of
analysis;

(5) The addition to chocolate products of vegetable fats other
than cocoa butter, up to a maximum of 5 %, is permitted
in certain Member States;

(6) The addition of certain vegetable fats other than cocoa
butter to chocolate products, up to a maximum of 5 %,
should be permitted in all Member States; those vegetable
fats should be cocoa butter equivalents and therefore be
defined according to technical and scientific criteria;

(7)

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 names set out in the provisions of Annex I to this
Directive;

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(8)

Pursuant to the general food-labelling rules set out in
Council Directive 79/112/EEC of 18 December 1978 on
the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of
foodstuffs (1),
in particular a listing of ingredients in
accordance with Article 6 thereof is compulsory; this
Directive makes Directive 79/112/EEC applicable to
cocoa and chocolate products in order to provide con-
sumers with correct information;

(15) When this Directive is adapted in the future to general
Community provisions on foodstuffs, and when certain
provisions are adapted to technical progress, the Com-
mission will be assisted by the Standing Committee on
Foodstuffs, set up by Council Decision 69/414/EEC (2);

(16) To avoid creating new barriers to free circulation, Member
States should refrain from adopting, for the products in
question, national provisions not provided for by this
Directive,

(9)

In the case of chocolate products to which vegetable fats
other than cocoa butter have been added, consumers
should be guaranteed correct, neutral and objective
information in addition to the list of ingredients;

HAVE ADOPTED THIS DIRECTIVE:

(10) On the other hand, Directive 79/112/EEC does not
preclude the labelling of chocolate products to indicate
that vegetable fats other than cocoa butter have not been
added, provided the information is correct, neutral,
objective, and does not mislead the consumer;

Article 1

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

Article 2

(11) Certain sales names which are reserved by this Directive
are in fact used in composite sales names which are
recognised in certain Member States to describe products
which could not be confused with those defined in
this Directive; such descriptions should therefore be
maintained; however, the use of such names should
comply with the provisions of Directive 79/112/EEC and,
in particular, with Article 5 thereof;

1.
The vegetable fats other than cocoa butter as defined in
Annex II and listed therein may be added to those chocolate
products defined in section A, items 3, 4, 5, 6, 8 and 9 of
Annex I. 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 section B of Annex I, without
reducing the minimum content of cocoa butter or total dry
cocoa solids.

(12) The development of the internal market since the adop-
tion of Directive 73/241/EEC enables ‘plain chocolate’ to
be treated on the same basis as ‘chocolate’;

(13) The derogation provided for in Directive 73/241/EEC
allowing the United Kingdom and Ireland to authorise
the use on their territory of the name ‘milk chocolate’ to
designate ‘milk chocolate with high milk content’ should
be maintained; however, the English name ‘milk chocolate
with high milk content’ should be replaced with the name
‘family milk chocolate’;

(14) Pursuant to the principle of proportionality, this Directive
restricts itself to what is necessary in order to achieve the
objectives of the Treaty, in accordance with the third
paragraph of Article 5 thereof;

2.
Chocolate products which, pursuant to paragraph 1,
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 in
addition to cocoa butter’. This statement shall be in the same
field of vision as the list of ingredients, clearly separated from
that list, in lettering at least as large and in bold with the sales
name nearby; notwithstanding this requirement, the sales
name may also appear elsewhere.

3.
Any amendments to Annex II shall be made in accord-
ance with the procedure laid down in Article 95 of the Treaty.

At the latest by ... (3) the Commission shall, in accordance
4.
with Article 95 of the Treaty, submit, if necessary and taking
into account the results of an appropriate study on this
those countries
Directive’s impact on the economies of
producing cocoa and vegetable fats other than cocoa butter, a
proposal intended to amend the list in Annex II.

(1) OJ L 33, 8.2.1979, p. 1. Directive as last amended by European
Parliament and Council Directive 97/4/EC (OJ L 43, 14.2.1997,
p. 21).

(2) OJ L 291, 19.11.1969, p. 9.
(3) 66 months after the date of entry into force of this Directive.

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Article 3

Article 4

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

For the products defined in Annex I, Member States shall not
adopt national provisions not provided for by this Directive.

1. The sales names listed in Annex I 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 additionally
and in accordance with the provisions or customs appli-
cable in the Member State in which the product is sold to
the final consumer, to designate other products which
cannot be confused with those defined in Annex I.

2. Where the products defined in section A, items 3, 4, 5, 6,
7 and 10 of Annex I are sold in assortments, the sales
names may be replaced by ‘assorted chocolates’ or ‘assorted
filled chocolates’ or similar names. In that case, there may
be a single list of ingredients for all the products in the
assortment.

3. The labelling of the cocoa and chocolate products defined
in section A, items 2(c) and (d) and items 3, 4, 5, 8 and 9
of Annex I must indicate the total dry cocoa solids content
by including the words: ‘cocoa solids: ... % min.’.

4. For the products referred to in section A, item 2(b) and in
the second part of the sentence of section A, item 2(d) of
Annex I, the labelling must indicate the cocoa butter
content.

5. The sales names ‘chocolate’, ‘milk chocolate’ and ‘couver-
ture chocolate’ specified in Annex I 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 not less than 26 % cocoa butter,

— in the case of milk chocolate: not less than 30 % total
dry cocoa solids and not less than 18 % dry milk solids
obtained by partly or wholly dehydrating whole milk,
semi- or full-skimmed milk, cream, or from partly or
wholly dehydrated cream, butter or milk fat, including
not less than 4,5 % milk fat,

Article 5

The following shall be decided in accordance with the

1.
procedure laid down in Article 6:

— bringing this Directive into line with general Community

provisions applicable to foodstuffs,

— adaptation of the provisions in Annex I, section B.2 and

sections C and D to technical progress.

At the latest by ... (1), without prejudice to Article 2(3),
2.
the European Parliament and the Council shall re-examine, on
a proposal
the second indent of
paragraph 1 of this Article, with a view to possible extension
of the procedure of adaptation to technical and scientific
progress.

from the Commission,

Article 6

The Commission shall be assisted by the regulatory
1.
committee, the Standing Committee on Foodstuffs, hereinafter
referred to as the ‘Committee’, composed of representatives of
the Member States and chaired by a representative of the
Commission.

2.
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. The opinion shall be delivered by the
majority laid down in Article 205(2) of the Treaty in the case
of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the representa-
tives of the Member States within the Committee shall be
weighted in the manner set out in that Article. The chairman
shall not vote.

If the European Parliament indicates,

3.
in a resolution
setting out the grounds on which it is based, that draft
implementing measures, the adoption of which is contem-
plated and which have been submitted to the Committee
pursuant to this Directive would exceed the implementing
powers provided for in this Directive, the Commission shall
re-examine the draft measures. Taking the resolution into
account and within the timelimits of the procedure under way,
the Commission may submit new draft measures to the
Committee, continue with the procedure or submit a proposal
to the European Parliament and the Council on the basis of
the Treaty.

— in the case of couverture chocolate: not less than 16 %

of dry non-fat cocoa solids.

(1) 36 months after the entry into force of this Directive.

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The Commission shall inform the European Parliament and
the Committee of the action which it intends to take on the
resolution of the European Parliament and of its reasons for
doing so.

4.
The Commission shall, without prejudice to paragraph 3,
adopt the measures envisaged if they are in accordance with
the opinion of the Committee.

5.
If 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 relating to the measures to be taken and shall inform
the European Parliament.

It the European Parliament considers that a proposal
6.
submitted by the Commission pursuant to this Directive
exceeds the implementing powers provided for in this Direc-
tive, it shall inform the Council of its position.

7.
The Council may, where appropriate, in view of any
such position, act by qualified majority on the proposal, within
a period of three months from the date of referral to the
Council.

If within that period the Council has indicated by qualified
majority that it opposes the proposal, the Commission shall
re-examine it. It may submit an amended proposal to the
Council, re-submit its proposal or present a legislative proposal
on the basis of the Treaty.

If on the expiry of that period the Council has neither adopted
the proposed implementing act nor indicated its opposition
to the proposal for implementing measures, the proposed
implementing act shall be adopted by the Commission.

Article 8

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

2.

These measures shall be applied so as to:

— authorise the marketing of the products defined in Annex I
if they conform to the definitions and rules laid down in
this Directive, with effect from ... (1),

— prohibit the marketing of products which fail to conform

to this Directive, with effect from ... (1).

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

3. When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
the Member States.

Article 9

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

Article 10

This Directive is addressed to the Member States.

Article 7

Done at ...

Council Directive 73/241/EEC is hereby repealed with effect
from ... (1).

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

For the European Parliament

For the Council

The President

The President

(1) 36 months after the entry into force of this Directive.

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ANNEX I

SALES NAMES, DEFINITIONS AND CHARACTERISTICS OF THE PRODUCTS

A. SALES NAMES AND DEFINITIONS

1. Cocoa butter

designates the fat obtained from cocoa beans or parts of cocoa beans with the following characteristics:

free fatty acid content (expressed as oleic acid)

not more than 1,75 %

unsaponifiable matter (determined using petroleum
ether)

not more than 0,5 %, except in the case of press
cocoa butter, where it shall not be more than
0,35 %

2.

(a) Cocoa powder, cocoa

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

(b) Fat-reduced cocoa, fat-reduced cocoa powder

designate cocoa powder containing less than 20 % cocoa butter, calculated according to the weight of the dry matter,

(c) Powdered chocolate, chocolate in powder

designate the product consisting of a mixture of cocoa powder and sugars, containing not less than 32 % cocoa
powder,

(d) Drinking chocolate, sweetened cocoa, sweetened cocoa powder

designate the product consisting of a mixture of cocoa powder and sugars, containing not less than 25 % cocoa
powder; these names shall be accompanied by the term ‘fat-reduced’ in the case where the product is fat-reduced as
defined at (b) above.

3. Chocolate

(a) designates the product obtained from cocoa products and sugars 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’ or ‘flakes’: the product presented in the form of granules or flakes must contain not less than 32 %
total dry cocoa solids, including not less than 12 % cocoa butter and not less than 14 % of dry non-fat cocoa
solids,

— ‘couverture’: the product must contain not less than 35 % total dry cocoa solids, including not less than 31 %

cocoa butter and not less than 2,5 % of dry non-fat cocoa solids,

— ‘gianduja’ (or one of the derivatives of the word ‘gianduja’) nut chocolate: the product must be obtained firstly
from chocolate having a minimum total dry cocoa solids content of 32 % including a minimum dry non-fat cocoa
solids content of 8 %, and secondly from finely ground hazelnuts in such quantities that 100 g of the product
contain not less than 20 g and not more than 40 g of hazelnuts. The following may be added:

(a) milk and/or dry milk solids obtained by evaporation, in proportion such that the finished product does not

contain more than 5 % dry milk solids;

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(b) almonds, hazelnuts and other nut varieties, 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.

4. Milk chocolate

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

— not less than 25 % total dry cocoa solids,

— not less than 14 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed

milk, cream, or from 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 (cocoa butter and milk fat).

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

— ‘vermicelli’ or ‘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 % dry milk solids obtained by partly or wholly dehydrating whole milk,
semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, and not less
than 12 % total fat (cocoa butter and milk fat),

— ‘couverture’, the product must have a minimum total fat (cocoa butter and milk fat) content 31 %,

— ‘gianduja’ (or one of the derivatives of the word ‘gianduja’) nut milk chocolate, the product must be obtained firstly
from milk chocolate having a minimum content of 10 % of dry milk solids, obtained by partly or wholly
dehydrating whole milk, semi- or full-skimmed milk, cream or from partly or wholly dehydrated cream, butter or
milk fat and secondly from finely ground hazelnuts, in such quantities that 100 g of the product contain not less
than 15 g and not more than 40 g of hazelnuts. Almonds, hazelnuts and other nut varieties may also 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.

(c) 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 %.

(d) The United Kingdom and Ireland may authorise the use in their territory of the name ‘milk chocolate’ to designate the
product referred to in item 5, on condition that the term is accompanied in both cases by an indication of the amount
of dry milk solids laid down for each of the two products, in the form ‘milk solids: ... % minimum’.

5. Family milk chocolate

designates the product obtained from cocoa products, sugars and milk or milk products and which contains:

— not less than 20 % total dry cocoa solids,

— not less than 20 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk,

cream, or from 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 (cocoa butter and milk fat).

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6. White chocolate

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

7. Filled chocolate, chocolate with ... filling, chocolate with ... centre

designate the filled product, the outer part of which consists of one of the products defined in items 3, 4, 5 and 6. The
designations do not apply to products, the inside of which consists of bakery products, pastry, biscuit or edible ice.

The outer chocolate portion of products bearing one of these names shall constitute not less than 25 % of the total weight
of the product.

8.

‘Chocolate a la taza’

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

9.

‘Chocolate familiar a la taza’

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

10. A chocolate or a praline

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

— filled chocolate, or

— a single chocolate or a combination or a mixture of chocolate within the meaning of the definitions given in items 3,
4, 5 or 6 and other edible substances, provided that chocolate constitutes not less than 25 % of the total weight of the
product.

B. OPTIONAL AUTHORISED INGREDIENTS

Additions of edible substances

1. Without prejudice to Article 2 and section B.2, other edible substances may also be added to the chocolate products

defined in section A, items 3, 4, 5, 6, 8 and 9.

However, the addition:

— of animal fats and their preparations not deriving solely from milk shall be prohibited,

— of flours, granular or powdered starch shall only be authorised where the addition is in accordance with the definitions

laid down in section 1, items 8 and 9.

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

2. Only those flavourings which do not mimic the taste of chocolate or of milk fat may be added to the products defined in

section A, items 2, 3, 4, 5, 6, 8 and 9.

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C. CALCULATION OF PERCENTAGES

The minimum contents of the products set out in section A, items 3, 4, 5, 6, 8 and 9 shall be calculated after deduction of the
weight of the ingredients provided for in section B. In the case of the products in section A, items 7 and 10, the minimum
contents shall be calculated after deducting the weight of the ingredients provided for in section B, as well as the weight of the
filling.

The chocolate contents of the products defined in section A, items 7 and 10 shall be calculated in relation to the total weight
of the finished product, including its filling.

D. SUGARS

Sugars as referred to in this Directive are not limited only to those sugars covered by Council Directive 73/437/EEC of
11 December 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human
consumption (1).

(1) OJ L 356, 27.12.1973, p. 71. Directive as last amended by the 1985 Act of Accession.

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ANNEX II

VEGETABLE FATS REFERRED TO IN ARTICLE 2(1)

The vegetable fats referred to in Article 2(1) are, singly or in blends, cocoa butter equivalents and shall comply with
the following criteria:

(a)

(b)

(c)

they are non-lauric vegetable fats, which are rich in symmetrical monounsaturated triglycerides of the type POP,
POSt, and StOSt (1);

they are miscible in any proportion with cocoa butter, and are compatible with its physical properties (melting
point and crystallisation temperature, melting rate, need for tempering phase);

they are obtained only by the processes of refining and/or fractionation, which excludes enzymatic modification
of the triglyceride structure.

In conformity with the above criteria, the following vegetable fats, obtained from the plants listed below, may be
used:

Usual name of vegetable fat

1.

Illipe, Borneo tallow or Tengkawang

2. Palm-oil

3. Sal

4. Shea

5. Kokum gurgi

6. Mango kernel

Scientific name of the plants from which the fats
listed can be obtained

Shorea spp.

Elaeis guineensis
Elaeis olifera

Shorea robusta

Butyrospermum parkii

Garcinia indica

Mangifera indica

Furthermore, as an exception to the above, Member States may allow the use of coconut oil for the following
purpose: in chocolate used for the manufacture of ice cream and similar frozen products.

(1) P (palmitic acid), O (oleic acid), St (stearic acid).

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 30 May 1996 the Commission submitted to the Council a proposal for a Directive of the
European Parliament and of the Council based on Article 95 (ex Article 100a) of the EC Treaty,
relating to cocoa and chocolate products intended for human consumption (1).

2. The European Parliament delivered its opinion at first reading on 23 October 1997 (2).

Following the Parliament’s opinion, the Commission submitted an amended proposal to the
Council on 4 March 1998 (3).

3. The Economic and Social Committee delivered its opinion on 31 October 1996 (4).

4. On 28 October 1999 the Council adopted its common position in accordance with Article 251

(ex Article 189b) of the Treaty.

II. OBJECTIVE

The proposal for a Directive, which was submitted to the Council with six others (5), forms part of an
effort to simplify the vertical Directives applicable to foodstuffs. The proposal seeks to replace Council
Directive 73/24/EEC on the approximation of the laws of the Member States relating to cocoa and
chocolate products intended for human consumption (6), which requires updating to take account of
technological progress and changes in consumer tastes, and general Community legislation relating
to foodstuffs.

The proposal also seeks to harmonise the possibility of using vegetable fats other than cocoa butter
in the production of chocolate throughout the Community, as the use of these fats has hitherto been
permitted in only seven Member States. The proposal therefore contributes to the proper functioning
of the internal market in the cocoa and chocolate products sector.

III. ANALYSIS OF THE COMMON POSITION

A. GENERAL REMARKS

1. Concerning the European Parliament’s amendments:

The Council has followed the Commission’s amended proposal:

— by incorporating part of Amendment 36 (as regards the principle of double labelling) and

Amendments 19 and 20, with some technical and editorial changes,

(1) OJ C 231, 9.8.1996, p. 1.
(2) OJ C 339, 10.11.1997, p. 123.
(3) OJ C 118, 17.4.1998, p. 10.
(4) OJ C 56, 24.2.1997, p. 20.
(5) relating to:

— certain sugars,
— honey,
— fruit juices and similar products,
— preserved milk,
— coffee extracts and chicory extracts,
— fruit jams, jellies, marmalades and chestnut purée.

(6) OJ L 228, 16.8.1973, p. 23.

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— and by rejecting, for the same reasons as the Commission, Amendments 1, 2, 3, 4, 5, 51,
9, 10, 12, 40, 35, 15, 17, 18 and 21 (also taking into account, as regards Amendments 12,
17 and 18, the existence of the final report by the Joint Research Centre devising analytical
methods for the determination of cocoa butter and other vegetable fats in chocolate).

On the other hand, the Council has departed from the Commission’s amended proposal:

— by taking account of the substance of Amendments 7, 70 and 37 and, partially, of

Amendments 64 and 16,

— and by rejecting Amendment 14.

2. The Council has made several other amendments to both the substance and the wording of

the Commission’s amended proposal.

All the amendments have been accepted by the Commission. They require the following specific
explanations:

B. SPECIFIC REMARKS concerning the amendments made to the Commission’s amended proposal

1. Article 2(1) and recital 6; Annex II (1)

With regard to the possible use of vegetable fats other than cocoa butter in chocolate
production, the Council judged that total harmonisation was the best means of ensuring the
free movement of all chocolate products and hence the implementation of the internal market
in this sector; it has therefore drawn up a provision which authorises the addition of these fats
to chocolate products throughout the Community.

At the same time, the Council has decided to restrict these vegetable fats to six specific fats
listed in a new Annex II; the six fats, all of tropical origin, are defined there according to
technical and scientific criteria as equivalents to cocoa butter; furthermore, any enzyme
treatment is prohibited. A seventh fat, coconut oil, is allowed only for the manufacture of ice
creams and similar frozen products.

By these provisions the Council has taken account of the substance of Amendments 7, 70 and
37 of the European Parliament.

2. Article 2(2)

The Council has followed the Commission in accepting the principle of the double labelling
of vegetable fats other than cocoa butter; it has laid down a specific statement which must
appear on the wrapping, in addition to the list of ingredients. With regard to the positioning
of this statement on the wrapping, it has provided that three elements, namely the statement
that vegetable fats are included, the name under which the product is sold, and the list of
ingredients, must feature in the same field of vision, but each clearly distinct from the other.
In this way the Council has partially taken up Amendment 36.

(1) References are to the Common Position.

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3. Article 2(3)

The Council has introduced a new paragraph, as it judged it appropriate to make provision
for the application of the codecision procedure for any future amendments to the list of
vegetable fats set out in Annex II.

4. Article 2(4)

By the introduction of this new paragraph the Council has fixed a deadline (66 months after
the Directive comes into force) before which the Commission,
in accordance with the
codecision procedure, would, if necessary, submit a proposal to amend the list of vegetable
fats; any such proposal would take account of the result of a study to be carried out by the
Commission on the Directive’s impact on the economies of countries producing cocoa and
other vegetable fats. This provision therefore partly reflects the spirit of Amendments 64 and
16. The Council, like the Commission, has not judged it possible to link the entry into force
of the Directive with the presentation of this impact study, taking the view that an objective
analysis based on hard data cannot be made until the Directive has been in force for some
time.

5. Article 5(1) and (2) and recital 15

The Council decided not to confer powers on the Commission to adapt the Directive to
technical progress, except with regard to some of the provisions of Annex I, with the legislator
retaining the power to adapt all other provisions of the Directive if need be. However it has
introduced a new paragraph 2 which provides for the Council and the European Parliament
to re-examine the Commission’s powers with a view to their possible extension.

6. Article 6 and recital 15

In accordance with the Council Decision of 28 June 1999 (1) (committee procedure), the
Council has replaced the consultation procedure proposed by the Commission with the
regulatory procedure.

7. Articles 7 and 8

The Council judged that it would be useful to extend the deadlines for entry into force (repeal
of Directive 73/241/EEC) and transposition of the Directive.

8. Annex I

The Council made several changes to this Annex, some of substance and some of form.

The more substantial amendments concern:

— the following paragraphs of section A:

— A.1:

the reinsertion of a definition of cocoa butter,

— A.4(d): addition of the obligation to indicate the dry milk solid content of ‘milk
chocolate’ as the Council decided that the status quo should be maintained,
i.e. this option should be retained for the United Kingdom and Ireland,

— A.5:

(and recital 13, second part): the Council decided to align the sales name in
English with other language versions, so that from now on the product will
be called ‘family milk chocolate’,

(1) OJ L 184, 17.7.1999, p. 23.

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— in section B:

the introduction of a new paragraph 2: in the interests of guaranteeing the
quality of chocolate, the Council has maintained the existing provision by
restricting the use of certain flavourings in chocolate production,

— in section C:

the introduction of a description of the calculation of percentages for the
manufacture of the products defined in A.7 and A.10 of Annex I,

— in section D: a new section defining the scope of the term ‘sugars’.

The amendments made to paragraphs 2 and 3 of section A are of an editorial nature.

9. Annex II

The Council introduced this new Annex to define and list vegetable fats other than cocoa
butter (see paragraph 1).

10. The Council decided not to incorporate the new Article 3a proposal by the Commission
referring to Directive 89/107/EEC, as the application of Community law is self-evident.

IV. CONCLUSIONS

The Council believes that to a large extent the common position meets the substance of the wishes
expressed by the European Parliament, especially as regards the restriction on vegetable fats other
than cocoa butter and the question of double labelling. With regard to vegetable fats other than cocoa
butter, it believes that it has gone even further than the European Parliament by defining these fats as
equivalents to cocoa butter and drawing up a list containing six specific fats of tropical origin.

Furthermore, the Council has reconciled, in a balanced fashion, certain technological needs of industry
in this sector and the legitimate expectations of consumers, particularly with regard to information
on the contents of products.

Finally the Council believes that the text of the common position is such that it will ensure the proper
functioning of the internal market in the cocoa and chocolate product sector.