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 applicable 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 chocolates’ 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,
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.