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What can be called "chocolate"?In order to facilitate commerce between its member countries, EU imposes regulations on what products being sold under a certain name must contain, and which amount of these ingredients. Food standards: A food standard specifies which composition a product must have in order to carry a certain trade description name, e.g. what can be sold as chocolate. Food standards exist in many countries but are not always the same. Depending on different food traditions all countries don't always have standards for the same types of provisions. The internal market: Free trade of goods is one of the cornerstones of EU's internal market. Within EU goods are supposed to be able be traded between the countries without being obstructed by national regulations. One purpose with the inner market is to create competition among manufacturers within the EU. Increased competition is expected to generate inter alia competitive prices and wider selection of goods for the consumer. If member countries have different interpretations of what certain products should contain and thus won't accept similar products produced in other countries, a trade barrier is created which complicates the free trade of goods. This is why it's considered within the EU that common regulations and standards are needed for labeling specific products. Product standards are passed on the basis of the EEC-treaty Article 37 which specifies the possibilities of regulating the agricultural markets, and Article 95 which makes it possible to harmonize the member countries' legislation in order to improve the functions of the common market. Food standards in Sweden: When the EEA-treaty came into force in 1994 Sweden introduced EU food standards. Old standards were changed and others were introduced for new products. New regulations were introduced for inter alia chocolate, mineral water and honey. This implied for example that the producers of cooking chocolate were compelled to increase the amount of cocoa butter to retain the name "chocolate" when labeling their product, if not they had to rename the product. After joining EU, Sweden kept many of its national standards for several products which were not regulated by EU, e.g. ham, meatballs, hamburgers, liver paste and almond paste. A national standard cannot be invoked in order to stop import of products with the same denomination, but with a different composition, from other EU countries. Thus the National Food Administration considers national food standards to be of no significance for consumer guidance, and has revoked them since January 1st, 2003.
The Chocolate DirectiveThe chocolate directive is about a 27 year old dispute which finally was settled. It began in 1973 when Great Britain, Ireland and Denmark became members of EEC as it was then. As they joined they were granted an exemption from the EEC regulations that only cocoa butter could be used in chocolate. In these countries some of the cocoa butter was exchanged for other vegetable fats. This exemption implied that it was up to each member country itself to decide weather to permit vegetable fat or not in chocolate which they produced or imported. As more countries joined EU the union gradually split into two equally sized camps. Seven countries (Great Britain, Ireland, Denmark, Portugal, Finland, Austria and Sweden) allowed the use of other fats and eight countries considered that only cocoa butter could be allowed. Among them were Spain and Italy who referring to consumer's interest forbid marketing of "mixed" chocolate in their countries if not labeled "chocolate substitute". In January 2003 the European Court of Justice (ECJ) found that such a prohibition infringes regulations of the ECC-treaty if not distinctly labeled on the package that it contains other vegetable fats (cases C-12/00 and C-14/00). March 15th, 2000, the European Parliament voted to allow chocolate to be made with other vegetable fats in addition to cocoa butter, provided that the vegetable fat doesn't exceed 5 per cent of the weight of the finished product and that supplement labeling clearly indicates it on the package. The Directive was finally approved in May 2000, when the EU Council agreed to the proposal. Major interests: A legitimate question is why it can be so hard to agree on food standards - the battle over the chocolate directive continued for 27 year. Standardized market labeling should benefit the internal market which aims for stimulating the competition. Paradoxically these standardizations can sometimes limit competition. For example if only chocolate made from purely cocoa butter was allowed, it would exclude all competition from chocolate producers who make chocolate with other vegetable fats. Vice versa, allowing use of other fats implies that these manufacturers would be permitted to sell their products as chocolate in all the EU countries, referring to EU legislation. The consequence is that major economic interests become involved when food standards are to be settled. Manufacturers attempt to lobby for their sake and influence their respective national government, but pressure is also brought on the EU Commission and Parliament. Sources: Directive 2000/36/EC relating to cocoa and chocolate products intended
for human consumptionom. OJ 2000 L 197. |
• The Chocolate Directive (PDF)
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