CELEX: 51997PC0682
Language: en
Date: 1998-03-03
Title: Amended proposal for a European Parliament and Council Directive relating to cocoa and chocolate products intended for human consumption

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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)
 ---pagebreak---  ---pagebreak---                            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-
 ---pagebreak--- 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 -
 ---pagebreak---    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         Chocolate products which, in pursuance of
the first paragraph, contain vegetable fats       the first paragraph, contain vegetable fats
other than cocoa butter may be marketed in        other than cocoa butter may be marketed
all of the Member States, provided that their     in all of the Member States, provided that
labelling, as provided for in Article 3, is       their labelling, as provided for in Article 3,
supplemented by a clear, neutral and              is supplemented by a conspicuous and
objective statement that those substances are     clearly legible statement: "contains
present in the finished product, in addition to   vegetable fats other than cocoa butter", in
the list of ingredients.                          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          "gianduia" (or one of the derivatives
    least 32% of total dry cocoa solids of            of that name): the product must contain
    which at least 18% is cocoa butter, at            at least 32% of total dry cocoa solids of
    least 8% dry non-fat cocoa solids, and            which at least 18% is cocoa butter and
    not less than 20% finely ground                   8% non-fat cocoa solids on the one
    hazelnuts,                                        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
 ---pagebreak---                                             least 20 grammes and no more than
                                            40 grammes of hazelnuts.
               ANNEX, PART A, POINT 3(b), THIRD INDENT
 "gianduia". the product must contain        "gianduia" (or one of the derivatives
not less than 10% milk or material          of that name): the product must contain
obtained by partly or wholly dehydrating    not less than 10% milk or material
whole milk, semi- or full-skimmed milk,     obtained by partly or wholly
cream, or partly or wholly dehydrated       dehydrating whole milk, semi- or
cream, butter or milk fat, and not less     full-skimmed milk, cream, or partly or
than 15%finelyground hazelnuts.             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
 ---pagebreak---  ---pagebreak---                                                                   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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