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

• Coming into Force: 01 August 1973
• End of Effective Date: 03 August 2003
• Celex Number: 31973L0241
• ELI: http://data.europa.eu/eli/dir/1973/241/oj
• Published date: 16 August 1973
• Date: 24 July 1973
• Official Gazette Publication: Official Journal of the European Communities, L 228, 16 August 1973

|

31973L0241

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

Official Journal L 228 , 16/08/1973 P. 0023 - 0035
Finnish special edition: Chapter 13 Volume 3 P. 0153
Greek special edition: Chapter 03 Volume 9 P. 0224
Swedish special edition: Chapter 13 Volume 3 P. 0153
Spanish special edition: Chapter 13 Volume 3 P. 0026
Portuguese special edition Chapter 13 Volume 3 P. 0026

++++

COUNCIL DIRECTIVE

OF 24 JULY 1973

ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COCOA AND CHOCOLATE PRODUCTS INTENDED FOR HUMAN CONSUMPTION

( 73/241/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 100 AND 227 THEREOF ;

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 NATIONAL LAWS RESERVE CERTAIN NAMES FOR VARIOUS PRODUCTS DERIVED FROM COCOA AND DEFINE THEIR COMPOSITION AND MANUFACTURING SPECIFICATIONS , AND WHEREAS THEY PRESCRIBE THE USE OF THESE NAMES IN THE MARKETING OF THESE PRODUCTS ;

WHEREAS PACKAGING IS ALSO SUBJECT TO MANDATORY PROVISIONS IN CERTAIN MEMBER STATES ;

WHEREAS THE EXISTING DIFFERENCES BETWEEN NATIONAL LAWS HINDER THE FREE MOVEMENT OF DIFFERENT KINDS OF COCOA AND CHOCOLATE PRODUCTS AND MAY IMPOSE CONDITIONS OF UNFAIR COMPETITION ON UNDERTAKINGS , THEREBY DIRECTLY AFFECTING THE ESTABLISHMENT OR FUNCTIONING OF THE COMMON MARKET ;

WHEREAS , THEREFORE , IT IS NECESSARY TO APPROXIMATE THE PROVISIONS RELATING TO THESE PRODUCTS AND TO LAY DOWN DEFINITIONS AND COMMON RULES IN RESPECT OF THE COMPOSITION , MANUFACTURING SPECIFICATIONS , PACKAGING AND LABELLING OF THESE PRODUCTS IN ORDER TO ENSURE THEIR FREE MOVEMENT ;

WHEREAS , HOWEVER , IT IS NOT POSSIBLE IN THIS DIRECTIVE TO HARMONIZE ALL THOSE PROVISIONS APPLYING TO FOODSTUFFS WHICH MAY IMPEDE TRADE IN COCOA AND CHOCOLATE PRODUCTS , ALTHOUGH OBSTACLES THAT PERSIST BECAUSE OF THIS ARE BOUND TO DECREASE AS NATIONAL PROVISIONS RELATING TO FOODSTUFFS ARE INCREASINGLY HARMONIZED ;

WHEREAS IN ORDER TO PROTECT CONSUMERS IN CERTAIN MEMBER STATES , THE DESCRIPTION " HALBBITTER " IS APPLIED TO CHOCOLATE CHARACTERIZED BY A HIGH MINIMUM CONTENT OF CERTAIN INGREDIENTS ; WHEREAS THIS DESCRIPTION IS NOT SUITABLE FOR USE IN THE COMMUNITY AS A WHOLE ; WHEREAS THEREFORE IT SEEMS THAT PROVISION SHOULD BE MADE THAT THIS DESCRIPTION BE RESERVED FOR A PERIOD OF THREE YEARS FOR CHOCOLATE HAVING A PARTICULARLY HIGH MINIMUM CONTENT OF DRY COCOA SOLIDS ;

WHEREAS THE USE OF VEGETABLE FATS OTHER THAN COCOA-BUTTER IN CHOCOLATE PRODUCTS IS PERMITTED IN CERTAIN MEMBER STATES , AND EXTENSIVE USE IS MADE OF THIS FACILITY ; WHEREAS , HOWEVER , A DECISION RELATING TO THE POSSIBILITIES AND FORMS OF ANY EXTENSION OF THE USE OF THESE FATS IN THE COMMUNITY AS A WHOLE CANNOT BE TAKEN AT THE PRESENT TIME , AS THE ECONOMIC AND TECHNICAL DATA CURRENTLY AVAILABLE ARE NOT SUFFICIENT TO ENABLE A FINAL POSITION TO BE ADOPTED ; WHEREAS THE SITUATION WILL CONSEQUENTLY HAVE TO BE RE-EXAMINED IN THE LIGHT OF FUTURE DEVELOPMENTS ;

WHEREAS , ALTHOUGH IT IS ALREADY POSSIBLE TO LAY DOWN A SCALE OF WEIGHTS FOR CHOCOLATE PRODUCTS PUT UP FOR SALE IN THE FORM OF TABLETS OR BARS , IT IS NOT YET POSSIBLE TO DO SO FOR COCOA POWDER PRODUCTS , AS THE CHOICE OF THE VARIOUS LEVELS FOR THE SCALE IN THIS CASE REQUIRES CLOSER STUDY WHICH IT HAS NOT BEEN POSSIBLE TO COMPLETE AND WHEREAS THE CHOICE OF THESE LEVELS WILL CONSEQUENTLY HAVE TO BE MADE AT A LATER DATE ;

WHEREAS THE NAMES LAID DOWN IN THIS DIRECTIVE FOR THE VARIOUS COCOA AND CHOCOLATE PRODUCTS DIFFER IN CERTAIN CASES FROM THOSE USED IN ONE OR MORE OF THE MEMBER STATES ; WHEREAS IT IS THEREFORE DESIRABLE TO ENABLE CONSUMERS TO BECOME USED TO THESE NEW NAMES BY ALLOWING BOTH THE NEW NAMES AND THOSE AT PRESENT IN FORCE TO BE APPLIED DURING A SPECIFIED PERIOD ;

WHEREAS ESTABLISHING THE METHODS OF ANALYSIS NEEDED TO VERIFY THAT CERTAIN PRODUCTS SATISFY PURITY CRITERIA AND DETERMINING THE METHODS OF SAMPLING AND ANALYSIS NEEDED FOR CHECKING THE COMPOSITION AND MANUFACTURING SPECIFICATIONS OF COCOA AND CHOCOLATE PRODUCTS ARE IMPLEMENTING MEASURES OF A TECHNICAL NATURE AND WHEREAS , IN ORDER TO SIMPLIFY AND SPEED UP PROCEDURE , THE TASK OF ADOPTING THEM SHOULD BE ENTRUSTED TO THE COMMISSION ;

WHEREAS IT IS DESIRABLE THAT FOR ALL CASES WHERE THE COUNCIL EMPOWERS THE COMMISSION TO IMPLEMENT RULES RELATING TO FOODSTUFFS , PROVISION SHOULD BE MADE FOR A PROCEDURE ESTABLISHING CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION WITHIN THE STANDING COMMITTEE FOR FOODSTUFFS SET UP BY THE COUNCIL DECISION OF 13 NOVEMBER 1969 ( 1 ) ;

WHEREAS IT IS POSSIBLE FOR UNDERTAKINGS TO ADJUST THEIR PRODUCTION METHODS AND TO DISPOSE OF STOCKS WITHIN A MAXIMUM PERIOD OF TWO YEARS AFTER NEW RULES AND DEFINITIONS HAVE BEEN ADOPTED BY THE MEMBER STATES ; WHEREAS , HOWEVER , APPLICATION OF THE SCALE OF WEIGHTS LAID DOWN FOR CERTAIN KINDS OF PACKAGING WILL MAKE IT NECESSARY TO ADAPT INDUSTRIAL EQUIPMENT IN THE MEMBER STATES AND THAT THEREFORE THE PERIOD FOR IMPLEMENTING THIS RULE SHOULD BE EXTENDED TO THREE YEARS ;

WHEREAS SPECIAL MEASURES NEED TO BE ADOPTED IN ORDER TO TAKE ACCOUNT OF THE SPECIAL SITUATION OF THE NEW MEMBER STATES ;

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

FOR THE PURPOSES OF THIS DIRECTIVE COCOA AND CHOCOLATE PRODUCTS SHALL MEAN THE PRODUCTS INTENDED FOR HUMAN CONSUMPTION DEFINED IN ANNEX I .

ARTICLE 2

MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT THE PRODUCTS REFERRED TO IN ARTICLE 1 MAY BE OFFERED FOR SALE ONLY IF THEY CONFORM TO THE DEFINITIONS AND RULES LAID DOWN IN THIS DIRECTIVE AND IN ANNEX I THERETO .

ARTICLE 3

1 . THE NAMES LISTED IN ANNEX I ( 1 ) SHALL BE APPLIED ONLY TO THE PRODUCTS DEFINED IN THAT PARAGRAPH AND MUST BE USED IN TRADE TO DESIGNATE THEM .

NEVERTHELESS ,

- THE NAMES " PRALINA " OR " CIOCCOLATINO " MAY BE USED IN ITALY AND THE NAME " A CHOCOLATE " MAY BE USED IN IRELAND AND THE UNITED KINGDOM TO DESCRIBE CHOCOLATE , PLAIN CHOCOLATE , GIANDUJA NUT CHOCOLATE , MILK CHOCOLATE , MILK CHOCOLATE WITH HIGH MILK CONTENT , GIANDUJA NUT MILK CHOCOLATE OR WHITE CHOCOLATE IN SINGLE-MOUTHFUL SIZES ;

- THE SAME NAME " MILK CHOCOLATE " MAY BE REQUIRED IN IRELAND AND THE UNITED KINGDOM TO DESCRIBE THE PRODUCTS DEFINED IN ANNEX I PARAGRAPH ( 1 ) UNDER HEADINGS 1.21 AND 1.22 , ON CONDITION THAT THE TERM IS ACCOMPANIED IN BOTH CASES BY AN INDICATION OF THE AMOUNT OF MILK SOLIDS OBTAINED BY EVAPORATION , LAID DOWN FOR EACH OF THE TWO PRODUCTS , IN THE FORM " MILK SOLIDS : ... % MINIMUM " .

2 . THE PROVISIONS OF THE AFOREGOING PARAGRAPH SHALL NOT , HOWEVER , AFFECT ARRANGEMENTS WHEREBY THESE NAMES CAN BE USED ADDITIONALLY , IN ACCORDANCE WITH CUSTOM , TO INDICATE OTHER PRODUCTS WHICH CANNOT BE CONFUSED WITH THOSE DEFINED IN ANNEX I .

ARTICLE 4

COCOA BEANS WHICH ARE NOT SOUND , WHOLESOME AND IN GOOD MARKET CONDITION , SHELLS , GERMS OR ANY OTHER RESIDUAL PRODUCTS FROM THE SOLVENT-EXTRACTION OF COCOA-BUTTER MAY NOT BE USED IN THE MANUFACTURE OF THE PRODUCTS DEFINED IN ANNEX I .

ARTICLE 5

1 . THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION , SHALL DETERMINE :

( A ) THE LIST OF SOLVENTS WHICH MAY BE USED FOR EXTRACTING COCOA-BUTTER ;

( B ) PURITY CRITERIA FOR COCOA-BUTTER , FOR THE SOLVENTS USED IN ITS EXTRACTION AND , WHERE NECESSARY , FOR THE OTHER PRODUCTS USED AS ADDITIVES OR FOR TREATMENT LISTED IN ANNEX I .

2 . UNTIL THE ENTRY INTO FORCE OF THE IMPLEMENTING MEASURES REFERRED TO IN PARAGRAPH 1 ( A ) , MEMBER STATES SHALL PERMIT NO SOLVENT TO BE USED IN THE EXTRACTION OF COCOA-BUTTER OTHER THAN PETROLEUM SPIRIT 60/75 KNOWN AS ESSENCE B , OR ITS PURE PRINCIPAL FRACTION . DURING THIS PERIOD MEMBER STATES MAY , HOWEVER , CONTINUE TO IMPLEMENT NATIONAL PROVISIONS AUTHORIZING OTHER SOLVENTS IN RESPECT OF PRODUCTS MARKETED IN THEIR TERRITORY .

3 . WHERE THE USE IN THE PRODUCTS REFERRED TO IN ARTICLE 1 OF ONE OF THE SUBSTANCES REFERRED TO IN PARAGRAPHS 1 AND 2 , OR THE LEVEL OF ONE OR MORE OF THE INGREDIENTS DETERMINED BY VIRTUE OF PARAGRAPH 1 ( B ) CONTAINED IN SUCH A SUBSTANCE , MIGHT ENDANGER HUMAN HEALTH , A MEMBER STATE MAY , FOR A...