Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption
Date: 2000-06-23
Institutions: Council of the European Union, European Parliament
Subjects: cocoa, confectionery product, consumer information, human nutrition, labelling, trade information

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DIRECTIVE 2000/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to cocoa and chocolate products intended for human consumption

of 23 June 2000

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, 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)

(2)

(3)

(4)

Certain vertical Directives relating to foodstuffs should
be simplified in order to take account only of the essen-
tial 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.

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 differ-
ences 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.

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.

technological progress and changes

Those definitions and rules should be amended to take
account of
in
consumer tastes, and should be brought into line with
general Community legislation on foodstuffs, in partic-
ular
sweeteners and other
authorised additives, flavourings, extraction solvents and
methods of analysis.

legislation on labelling,

(1) OJ C 231, 9.8.1996, p. 1 andOJ C 118, 17.4.1998, p. 10.
(2) OJ C 56, 24.2.1997, p. 20.
(3) Opinion of the European Parliament of 23 October 1997 (OJ C
339, 10.11.1997, p. 128), Council Common Position of 28
October 1999 (OJ C 10, 13.1.2000, p. 1) and decision of the Euro-
pean Parliament of 15 March 2000 (not yet published in the Offi-
cial Journal). Decision of the Council of 25 May 2000.

(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).

(5)

(6)

(7)

(8)

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

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.

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.

In pursuance of 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
ingredients in
in particular a listing of
foodstuffs (5),
accordance with Article 6 thereof is compulsory; this
Directive makes Directive 79/112/EEC applicable to
cocoa and chocolate products in order
to provide
consumers with correct information.

(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.

(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.

(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 main-
tained. However, the use of such names should comply
in
with the provisions of Directive 79/112/EEC and,
particular, with Article 5 thereof.

(5) 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).

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(12)

(13)

(14)

(15)

(16)

(17)

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’.

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 choco-
late with high milk content’ should be replaced with the
name ‘family milk chocolate’.

to the principle of proportionality,

Pursuant
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.

Cocoa, cocoa butter and a series of other vegetable fats
used in the manufacture of chocolate are mainly
produced in developing countries. It is in the interests of
people living in developing countries that agreements of
as long a duration as possible should be concluded. The
consider how the
therefore
Commission should
Community can support this in the case of cocoa butter
and other vegetable fats (for example by promoting ‘fair
trade’).

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

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,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

Article 2

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 Annex I(A)(3), (4), (5), (6), (8) and (9). 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 Annex I(B), without reducing the minimum
content of cocoa butter or total dry cocoa solids.

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

Chocolate products which, pursuant

to paragraph 1,
2.
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.

4.
At the latest by 3 February 2006 the Commission shall,
in accordance with Article 95 of the Treaty, submit, if neces-
sary and taking into account the results of an appropriate study
on this Directive's impact on the economies of those countries
producing cocoa and vegetable fats other than cocoa butter, a
intended to amend the list in Annex II.
proposal

Article 3

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

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 applic-
able 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 Annex I(A)(3), (4), (5), (6), (7)
and (10) are sold in assortments, the sales names may be
replaced by ‘assorted chocolates’ or ‘assorted filled chocola-
tes’ 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
Annex I(A)(2)(c), (2)(d), (3), (4), (5), (8) and (9) must indicate
the total dry cocoa solids content by including the words:
‘cocoa solids:... % minimum’.

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

5. The sales names ‘chocolate’, ‘milk chocolate’ and ‘couverture
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,

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— 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,

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

of dry non-fat cocoa solids.

3.

The Committee shall adopt its Rules of Procedure.

Article 7

Council Directive 73/241/EEC is hereby repealed with effect
from 3 August 2003.

References to the repealed Directive shall be construed as refer-
ences to this Directive.

Article 4

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

Article 5

The measures necessary for the implementation of this
1.
Directive relating to the matters referred to below shall be
adopted in accordance with the regulatory procedure referred
to in Article 6(2):

— bringing this Directive into line with general Community

provisions applicable to foodstuffs,

— adaptation of the provisions in Annex I(B)(2), (C) and (D) to

technical progress.

At the latest by 3 August 2003, without prejudice to
2.
Article 2(3), the European Parliament and the Council shall
re-examine, on a proposal from the Commission, 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.

Article 6

Article 8

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 3 August 2003. 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 3 August 2003,

— prohibit the marketing of products which fail to conform
to this Directive, with effect from 3 August 2003.

However, the marketing of products failing to comply with this
Directive but labelled before 3 August 2003 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 publica-
tion in the Official Journal of the European Communities.

1.
The Commission shall be assisted by the Standing
Committee on Foodstuffs, set up by Council Decision 69/
414/EEC (1), hereinafter referred to as ‘the Committee’.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

This Directive is addressed to the Member States.

Article 10

Done at Luxembourg, 23 June 2000.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

J. SÓCRATES

(1) OJ L 291, 19.11.1969, p. 9.

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SALES NAMES, DEFINITIONS AND CHARACTERISTICS OF THE PRODUCTS

ANNEX I

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):

— unsaponifiable matter

(determined using petroleum ether):

2.

(a) Cocoa powder, cocoa

not more than 1,75 %

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

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).

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 such proportion that the finished product

does not contain more than 5 % dry milk solids;

(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).

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(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 of 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 point 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).

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 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
3, 4, 5 or 6 and other edible substances, provided that chocolate constitutes not less than 25 % of the total
weight of the product.

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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(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 A(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(2), (3), (4), (5), (6), (8) and (9).

C. CALCULATION OF PERCENTAGES

The minimum contents of the products set in Section A(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(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(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) they are non-lauric vegetable fats, which are rich in symmetrical monounsaturated triglycerides of the type POP, POSt

and StOSt (1);

(b) 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);

(c) 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

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

1. Illipe, Borneo tallow or Tengkawang

2. Palm-oil

3. Sal

4. Shea

5. Kokum gurgi

6. Mango kernel

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).