CELEX: 51974PC1848
Language: en
Date: 1974-11-08
Title: Proposal for a COUNCIL DIRECTIVE amending for the second time Directive No. 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (submitted to the Council by the Commission)

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COM (74) 1848
Vol. 1974/0290
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 ---pagebreak--- COMMISSION QF THE EUB.OPEAN COMMUMTBBS
                                                 COM(74)1848 final
                                                 Brussels , 8 November 1974
                                 Proposai for a
                                COUNCIL DIRECTIVE
                     amending for the second -time Directive
                     No. 73/241/EEC on the approximation of
                     toe laws of the Member States relating
                    to cocoa and chocolate products intended
                              for human consumption
                 ( submitted to the Council by the Commission)
  COM(74) 1848 final
 ---pagebreak---                               . Explanatory Memorandum
1 . It lias appeared that the present wording of certain provisions of
     Council Directive 73/2^1/EEC on the approximation of the laws of
     the Member States relating to cocoa and chocolate products intended
     for human consumption     can lead to conflicting interpretations .
   . 1*1 Article 6 ( l ) of the Directive lays down the individual weights!
         for bars and tablets of chocolate products weighing between 85 g
         and 500 g «  The wording seems to exclude the sale of the 3 ounce
         ( 85 g approximately) units.- which are extremely common in Ireland
         and the United Kingdom# This was not , however , the Council , s
         intention when it adopted the Directive and the wording of the
         paragraph in question should therefore be improved .
         The derogation laid down in paragraph 2 ( c ) of Article 1^ should
         be altered at the same time .
     1.2 The definition of "refined cocoa butter " appearing in paragraph
         l«l4 ( 3) of Annex I stipulates that this product shall be refined ,
       . However , certain types of cocoa butter have all the characteris­
         tics of so-called refined butter without undergoing the refining
         process . Such a process is considered optional in paragraph 3
         (b ) of Annex I to the Directive , where certain treatments for
     >   refined cocoa butter are listed as being permissible but not obli­
         gatory .  The definition of the latter should therefore make clear
         that refining is a possibility and not an obligation .
     1.3 Certain chocolate products are characterized by the inclusion of
         various forms of milk . This is true of milk chocolate , milk '
         chocolate with high milk content , milk chocolate vermicelli ,
         gianduja nut milk chocolate and white chocolate , all of . which are
         described in Annex I to the Directive . '
                                1                                       ■ ' *•/•
OJ N° L 228 of 16 August 1973 , P. 23
 ---pagebreak---                                          » 2 ~
      According to these definitions , the milk used must be in the form
      of milk solids obtained by evaporation .     The text rules out the use
      of , for example , cream or butter , unless paragraph 7 ( c ) were applied
      in which case the products would have to be mentioned on the label
      in accordance with paragraph 7 ( b ) which would then give the consu­
      mer the wrong impression of what the product really contained .
      The range of milk ingredients should therefore be extended although
      any distortion , in the final chocolate product , of the natural balance
      between the different substances -other than butterfat - making up the
      milk must be excluded ,                    .
            *
 2 . In addition to these amendments to clarify the text ,: the Commission
      proposes two other changes :
      2.1 The expression " filled chocolate " used in the English edition of
            the Directive is little known in Ireland and the United Kingdom
            and other names with which consumers are more familiar should
      ;   "'therefore be used .   . ' . : .
      2.2 The Directive on cocoa and chocolate products does not yet cover
            the labelling of large packages not intended for retail sale ,
            where a certain amount of flexibility as to how the various de­
            tails should figure could be introduced .               *  '   -
 j, .       The Commission proposes that a further paragraph on packaging ,
            along the lines of the more recent directives concerning certain
                                            !  . .  1    , . ' . 2
            sugars intended for human consumption     and honey , should be
            included »
 3 . In viey of the amendments laid down in the present draft Directive ,
      the Council , in its Directive 7^/^H/EEC of 1 August 197^          extended
      the time limit for including the provisions of Directive 73/2^1/EEC
      as part of national law to 1 January 1975 *
                                                                             , ./é
-1 OJ N® L 356 , 27 December 1973 , p . 71
 2 OJ N# L 221 , 12 August 197V P - 10
 3 OJ N° L 221 , 12 August 197^, p. 17
 ---pagebreak---                                   * 3 -
The prescribed time limit for implementing these provisions remains
unchanged .
When it took this measure , the Council invited the Commission to
study the question of a possible extension of the second time limit
and to put forward any proposals on the subject .
The Commission now proposes that the time limit for implementing
Directive 73/2^1/EEC should only be extended in respect of the rules
on labelling where practical difficulties could well rise due to the
reduced interval between inclusion as part of national law and entry
into force .
Other rules have not given rise to the same sort of difficulty .
 ---pagebreak---                                                                 3745/VI/74-E
Proposal for a Council Directive -amending , for the second time , Council
Directive No . 73/24l/SEC on the approxiametion of. the laws of the Member
States relating to cocoa and chocolate products intended for human
consumption
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European [Economic Community ,
and in particular Article 100 thereof j
Having regard to the proposal from the Commission }
Having regard to the Opinion of the European Parliament }
Having regard to the Opinion of the Economic and Social Committee }
Whereas it appears that the present wording of certain provisions of Council
Directive No ., 73/241/EEC , ( l ) of 24 July 1974 on the approximation of the laws
of the Member States relating to cocoa and chocolate products intended for
human consumption may give rise to conflicting interpretations }
Whereas , in particular , Article 6 ( 2) of that Directive couldj in certain
cases at least , be interpreted to exclude the sale of bars or tablets of
chocolate products weighing 85 g , which weight is very common in some Member
States } whereas the definition of refined cocoa butter contained in Annex I
to the Directive seems to imply that this product must be refined , whereas
this process is not always used } whereas the definitions in that Annex of the
various chocolote products containing milk in various forms could have the
effect of limiting unjustifiably the manufacturers choice of basic products }
Whereas these provisions should therefore be worded more clearly }
                                                                      . •••/•••
( 1 ) OJ No . L 221 , 12th August 1974 . P. 10.
 ---pagebreak---                                                            3745/VI/74-I!
Whereas the expression "filled chocolate" is not in common usage in English
whereas , the use of other expressions better known to consumers should there­
fore be authorised also ;
Whereas Directive No . 73/241/EEC does not provide for the labelling of charge
packages not intended for retail as have recent Directives on foodstuffs and
in particular Council Directive No . 74/409/E3C ( l ) of 22 July 1974 on the
harmonization of the laws of the Member States relating to honey ; whereas this
situation must be remedied ;
Whereas Council Directive No , 74/411/EEC ( 2 ) of 1 August 1974 extended until
1 January 1975 "the time limit for amending national laws in accordance with
the provisions of Directive No . 73/241/EEC but did not alter the date on
which those provisions shall begin to apply ;
Whereas the reduction of the period between the publication of the new na<-
tional laws and their implementation may give rise to practical difficulties
in printing the labels required under the rules laid down in Directive No .
73/241/EISC ; whereas the period fixed for implementing these rules should
therefore be extended ;
HAS ADOPTED THIS DIRECTIVE :
( 1 ) OJ No . L 221 , 12 August 1974 » p. 10
( 2 ) OJ No . L 221 , 12 August 1974 » P - 17
 ---pagebreak---                                                               3745/VI/74-E
                                     Article 1
The following subparagraph is added to Article 3 ( l ) of Directive No .
73/241/EEC :       • .
"- the name "filled chocolate" may be replaced in English by one of the
     following names ! " chocolate with ...     filling", "chocolate with
     centre", "chocolate-coated ...      ", "chocolate-covered .. .   "."
                                     Article 2
Article 6 ( l ) of Directive No . 73/ 241/EEC is amended as follows :
" 1 . Chocolate , plain chocolate , gianduj a nut chocolate , milk chocolate ,
      milk chocolate with high milk content , gianduja nut milk chocolate ,
      white chocolate and filled chocolate , in the form of bars or tablets
      each weighing not less than 85 g and not more than 5 00 g, shall be
      marketed in the following individual weights only: 100 gj 125 St 150 St
      200 g , 250 g, 300 g , 400 g' and ^OOg.". "      ■            , .
                                   ■ Article 3
The following paragraph 2a is added to . Article 7 *>f Directive No . 73/ 241/EEC :
" 2a. Where the products defined in Annex I are put up in packages or con­
       tainers of a net weight eijual to or exceeding 10 kilogrammes and are
       not retailed , the information referred to in paragraph l(d),;(e ) and (f )
       may , if desired , appear only on the accompanying documents ."
                                    Article 4
The first sentence of Article 14(2) (o ) of Directive No . 73/241/EEC is amended
as follows :
"Prohibiting the marketing of bars of chocolate weighing not less than 75 S
 but not . exceeding 85 g.".
 ---pagebreak---                                                                   3  5/ Va/' l +-LÎ
                                       Article 5
   The second paragraph of Article 15 of Directive No . 73/241/EEC is amended
   as., follows : ....
   "This latter period , however ,,
     - shall be extended to three years for the application of Artiole 6 ,
     - shall be extended until 31 Januari 1976 for the application of Article 7 «"»
                                      Article 6
   The first and second paragraphs of the third indent • of Annex I ( 1.14) to
   Directive' No . 73/241/EEC is' amended as follows : ' .
 s " refined cocoa butter
     cocoa butter obtained by pressure , by torsion ( the expeller process ), by
     extraction using a solvent or by      .combination of "tjhese processes , from
     one or more of the following raw materials :
     cocoa beans , cocoa nib , cocoa dust , cocoa mass , cocoa press cake , fat-
     reduced cocoa press cake , expeller press cake , and which may be refined
     in accordance with the provisions of paragraph 3(b)j where cocoa fat , -
■ prepared either by the producer of . • refined cocoa butter' himself pr by
     another -producer , is employed as a secondary raw material ,, ^t must have been
     obtained from the raw materials listed above .     .
                                  •' Artiole 7
   Annex I ( l.2l ) to Directive No . 7V241/EEC is amended as follows :
   " 1,21 Milk chocolaté            ...
           the product obtained from cocoa nib , cocoa mass , cocoa powder or
           fat-reduced cocoa powder and sucrose , with or without added cocoa
           butter , and from solids obtained by partially or totally dehydra­
           ting whole milk or from partially or wholly skimmed milk , and where
           appropriate , from cream , partially or totally dehydrated cream ,
           butter or butter fat :
                                                                                 • •*/
 ---pagebreak---                                         -5 -                3745/VI/74-E
It shall have the following characteristics , subject to the definitions of
milk chocolate vermicelli , gianduja nut milk chocolate and couverture milk
chocola.te :
- total dry cocoà solids                          not less than 24 $
- dry non-fat cocoa solids                        not less than 2.5 %
- total dry milk solids                           - not less than 14 %
                                                  - the proportions of the various
                                                    constituents remaining after the
                                                    butter fat has been deducted cor­
                                                    respond with those occuring na­
                                                    turally in milk
- butter fat                                      not less than- 3 . 5 1°
- total fat                                       not less than 25 %      r
- sucrose                                         not more than 55 f°t
these percentages to be calculated after the weight of the additions provided
for in paragraphe 5 to 8 has been deducted :",
                                    Article 8
Annex I (.1.22 ) "to Directive No . 73/ 241/3EC is amended as follows :
" 1.22 Milkchocolate with high milk content
       the product obtained from cocoa nib , cocoa mass , cocoa powder , or
       fat-reduced cocoa powder and sucrose , with or without added cocoa
       butter, and from solids obtained t?y partially or totally dehydrating
       whole miilk or from partially or wholly skimmed milk , and where
       appropriate , from partially or totally dehydrated cream , butter or
       butter fat j
       It shall have the following characteristics :
       - total dry cocoa solids                   not less than 20 %
       - dry non-fat cocoa solids'                not less than 2.5 $
       - total dry milk solids      -             - not less thàn 20 %
                                                  - the proportions of the various
                                                    constituents remaining after the
                                                  > butter fat has been deducted cor­
                                                    respond with those occuring na­
                                                    turally in milk
 ---pagebreak---                                                                     37-tVVv /4-E
     - butter fat                                      not less than 5 $
     - "total fat .                                    not less than 25 $
     - ΕΤΚ5Γ08Θ                                        ηοί ΠΙΟΓΘ ^Ιχειπ 55 >
   these percentages to be calculated after the weight of the additions
   provided for in paragraphs 5 to 8 has be on deducted :".
                                        Article 9
 Annex I ( 1.23 ) to Directive No . 73/ 241/EEC is amended as follows :
•*1.*23 Milk chocolate .vermicelli , milk chocolate flakes , milk chocolate in
   the form of . granules or flakes having the following characteristics which
  differ from those laid down in paragraph 1.21 :
  - total dry cocoa solids                             not less than 20 $>.
  - total, dry milk solids                             - not less than 12 %
                                                     . - the proportions of the various
                                                        .. constituents remaining after the
                                                           butter fat has been deducted
                                                           correspond with those occuring
                                                           naturally in milk
  - butter fat                                 ,       not less than 3 %
  - total fat                                          not lass thari 12"$
  - suero se                                           not moró than 66       '
                                      . Article 10
Annex I ( l.24 ) to Directive No . 73/ 241/EEC is amended as follows :
 " 1.24 Gianduja ( or one fo the derivatesof the word • dianduja1 ) nut milk
           chocolate
           The product obtained firstly from milk chocolate having a, minimum content
           of 10 $ of dry - milk solids , 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 varie-
       ' ties . may also be . added , either whole or broken in such quantities that ,
        " together with the ground hazelnuts , they do not exceed 60 fo of the total
     •    -weight' of the product :".
 ---pagebreak---                                    - 7-                     3745/VI/74-B
                                Article 11
Annex I (l«26) to Directive No. 73/ 241/EEC is amended as follows :
"1.26 White chocolaté
     . the product free of coloring matters , obtained from cocoa butter ,
       sucrose and from solids obtained by partially or totally dehydrating
       whole milk or partially or wholly skimmed milk , and , where appropriate ,
       from cream , partially or wholly dehydrated cream , butter or butter fat }
       It shall have the following characteristics *
       - cocoa butter                          not less than 20 %
       - total dry milk solids                 - not less than 14 %
                                               - the proportions of the various
                                                 constituents remaining after the
                                                 butter fat has been deducted
                                                 correspond with those occuring
                                                 naturally in milk
       - butter fat                            not less than 3»5 %
       • sucrose                               not more than 55 i»
       these percentages to be calculated after the weight of the additions pro­
       vided for in paragraphs 5 to 8 has been deducted »"•
                                Article 12
Member States shall before 1 January 1972 take all measures neoessary to
comply with this Directive *
                                Article 13
This Decision la addressed to the Member States.
Done at Bruasels ,                                   For the Council
                                                     The Président