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31963L0021

Second Council 63/21/EEC Directive of 18 December 1962 adding to and amending the First Directive for the implementation of Article 67 of the Treaty

Official Journal 009 , 22/01/1963 P. 0062 - 0074 Danish special edition: Series I Chapter 1963-1964 P. 0005  English special edition: Series I Chapter 1963-1964 P. 0005  Greek special edition: Chapter 10 Volume 1 P. 0016

++++( 1 ) OJ NO 43 , 12 . 7 . 1960 , PP . 919 TO 932 .  ( 2 ) PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , 12 JULY 1960 , PP . 919-932 .  SECOND COUNCIL DIRECTIVE OF 18 DECEMBER 1962 ADDING TO AND AMENDING THE FIRST DIRECTIVE FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY ( 1 )  ( 63/21/EEC )  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 5 , 67 ( 1 ) , 69 , 105 ( 2 ) AND 106 ( 2 ) , THEREOF ;  HAVING REGARD TO THE DECISION OF 11 MAY 1960 ON THE APPLICATION TO ALGERIA AND TO THE FRENCH OVERSEAS DEPARTMENTS OF THE PROVISIONS OF THE TREATY CONCERNING THE MOVEMENT OF CAPITAL ;  HAVING REGARD TO THE FIRST DIRECTIVE OF 11 MAY 1960 FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHICH , FOR THAT PURPOSE , CONSULTED THE MONETARY COMMITTEE ;  WHEREAS IT IS APPROPRIATE TO CONSOLIDATE WITHIN THE EUROPEAN ECONOMIC COMMUNITY THE LIBERALISATION OF CAPITAL MOVEMENTS TO WHICH MEMBER STATES HAVE ALREADY COMMITTED THEMSELVES WITHIN THE FRAMEWORK OF THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT ;  WHEREAS THE ABOLITION OF CERTAIN RESTRICTIONS ON THE FREE MOVEMENT OF CAPITAL , CLOSELY CONNECTED WITH THE MOVEMENT OF GOODS , PERSONS AND SERVICES , IS NECESSARY TO ENSURE THE SATISFACTORY ESTABLISHMENT AND FUNCTIONING OF A COMMON MARKET IN THESE FIELDS ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  ARTICLE 2 ( 3 ) OF THE FIRST DIRECTIVE OF 11 MAY 1960 FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY ( HEREINAFTER CALLED " FIRST DIRECTIVE " ) IS HEREBY REPEALED .  ARTICLE 2  ANNEXES I AND II TO THE FIRST DIRECTIVE SHALL BE AMENDED AS FOLLOWS :  ANNEX I  LIST A  1 . AFTER THE WORDS " TRANSFERS OF CAPITAL BELONGING TO RESIDENTS WHO EMIGRATE " DELETE THE WORDS :  " AMOUNTS REQUIRED FOR ESTABLISHMENT WITH A VIEW TO CARRYING ON A GAINFUL ACTIVITY " .  2 . AFTER THE WORDS " TRANSFERS OF CAPITAL BELONGING TO EMIGRANTS RETURNING TO THEIR COUNTRY OF ORIGIN " :  ( A ) DELETE THE WORDS :  " AMOUNTS IMPORTED AND SUMS EARNED IN CARRYING ON A GAINFUL ACTIVITY " ;  ( B ) ADD THE FOLLOWING ITEMS :   * ITEMS OF NOMENCLATURE  " TRANSFERS OF WORKERS " SAVINGS DURING THEIR PERIOD OF STAY " ; * X H  " TRANSFERS BY INSTALMENT OF BLOCKED FUNDS BELONGING TO NON-RESIDENTS BY THE HOLDERS OF SUCH FUNDS IN CASE OF SPECIAL HARDSHIP " ; * X I  " ANNUAL TRANSFERS OF BLOCKED FUNDS TO ANOTHER MEMBER STATE BY A NON-RESIDENT ACCOUNT-HOLDER , UP TO AN AMOUNT OR A PERCENTAGE OF THE TOTAL ASSETS , FIXED UNIFORMLY BY THE MEMBER STATE CONCERNED FOR ALL APPLICANTS " ; * X L  " TRANSFER OF MINOR AMOUNTS ABROAD " . * X M  3 . EACH TIME THE WORDS " COMMERCIAL TRANSACTIONS " APPEAR IN THE LIST , THEY SHOULD BE FOLLOWED BY THE WORDS " OR PROVISION OF SERVICES " .  4 . THE FOLLOWING ITEMS SHALL BE ADDED AFTER ITEM XI .   * ITEMS OF NOMENCLATURE  " DEATH DUTIES " ; * XIV A  " DAMAGES ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * XIV B  " REFUNDS IN THE CASE OF CANCELLATION OF CONTRACTS AND REFUNDS OF UNCALLED-FOR PAYMENTS ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * XIV C  " AUTHORS " ROYALTIES . *  PATENTS , DESIGNS , TRADE MARKS AND INVENTIONS ( ASSIGNMENTS AND TRANSFERS ARISING OUT OF SUCH ASSIGNMENTS ) " ; * XIV D  " TRANSFERS OF THE MONEYS REQUIRED FOR THE PROVISION OF SERVICES " . * XIV E  LIST C  5 . EACH TIME THE WORDS " COMMERCIAL TRANSACTIONS " APPEAR IN THE LIST , THEY SHOULD BE FOLLOWED BY THE WORDS " OR PROVISION OF SERVICES " .  LIST D  6 . EACH TIME THE WORDS " COMMERCIAL TRANSACTIONS " APPEAR IN THE LIST , THEY SHOULD BE FOLLOWED BY THE WORDS " OR PROVISION OF SERVICES " .  7 . FOR ITEM XIV " OTHER CAPITAL MOVEMENTS " , THERE SHALL BE SUBSTITUTED THE FOLLOWING ITEM :   * ITEMS OF NOMENCLATURE  " OTHER CAPITAL MOVEMENTS : MISCELLANEOUS " . * XIV F  ANNEX II  8 . FOR THE HEADING OF CATEGORY VII " GRANTING AND REPAYMENT OF CREDITS RELATED TO COMMERCIAL TRANSACTIONS " , THERE SHALL BE SUBSTITUTED THE FOLLOWING HEADING :  " GRANTING AND REPAYMENT OF CREDITS RELATED TO COMMERCIAL TRANSACTIONS OR TO PROVISION OF SERVICES " .  9 . FOR THE HEADING OF CATEGORY VIII " GRANTING AND REPAYMENT OF LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS " THERE SHALL BE SUBSTITUTED THE FOLLOWING HEADING :  " GRANTING AND REPAYMENT OF LOANS AND CREDITS NOT RELATED TO COMMERCIAL TRANSACTIONS OR TO PROVISION OF SERVICES " .  10 . UNDER " PERSONAL CAPITAL MOVEMENTS " , IN CATEGORY X , THE FOLLOWING ITEMS SHALL BE INSERTED :   * ITEMS OF NOMEMCLATURE  " TRANSFERS OF WORKERS " SAVINGS DURING THEIR PERIOD OF STAY " ; * H  " TRANSFERS BY INSTALMENT OF BLOCKED FUNDS BELONGING TO NON-RESIDENTS BY THE HOLDERS OF SUCH FUNDS IN THE CASE OF SPECIAL HARDSHIP " ; * I  " ANNUAL TRANSFERS OF BLOCKED FUNDS TO ANOTHER MEMBER STATE BY A NON-RESIDENT ACCOUNT-HOLDER , UP TO AN AMOUNT OR A PERCENTAGE OF THE TOTAL ASSETS , FIXED UNIFORMLY BY THE MEMBER STATE CONCERNED FOR ALL APPLICANTS " ; * L  " TRANSFERS OF MINOR AMOUNTS ABROAD " . * M  11 . UNDER " PERSONAL CAPITAL MOVEMENTS " , IN CATEGORY XIV , THE FOLLOWING ITEMS SHALL BE INSERTED :   * ITEMS OF NOMENCLATURE  " DEATH DUTIES " ; * A  " DAMAGES ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * B  " REFUNDS IN THE CASE OF CANCELLATION OF CONTRACTS AND REFUNDS OF UNCALLED-FOR PAYMENTS ( WHERE THESE CAN BE CONSIDERED AS CAPITAL ) " ; * C  " AUTHORS " ROYALTIES . *  PATENTS , DESIGNS , TRADE MARKS AND INVENTIONS ( ASSIGNMENTS AND TRANSFERS ARISING OUT OF SUCH ASSIGNMENTS ) " ; * D  " TRANSFERS OF THE MONEYS REQUIRED FOR THE PROVISION OF SERVICES ( NOT INCLUDED IN CATEGORY IX ) " ; * E  " MISCELLANEOUS " . * F  ARTICLE 3  MEMBER STATES SHALL WITHIN THREE MONTHS OF NOTIFICATION OF THIS DIRECTIVE TAKE THE NECESSARY MEASURES TO COMPLY WITH IT AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 4  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 18 DECEMBER 1962 .  FOR THE COUNCIL  THE PRESIDENT  E . COLOMBO  AT ITS 90TH SESSION ON 17 DECEMBER 1962 , THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY APPROVED THE SECOND DIRECTIVE FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY CONCERNING THE FREE MOVEMENT OF CAPITAL ADDING TO AND AMENDING THE FIRST DIRECTIVE OF 11 MAY 1960 . ( 2 )  AS THIS INSTRUMENT LED TO THE ALTERATION OF THE LISTS AND NOMENCLATURE ANNEXED TO THE FIRST DIRECTIVE , IT SEEMED APPROPRIATE TO PUBLISH THE TEXT OF THE LISTS AND NOMENCLATURE AS IT STANDS WITH ADDITIONS AND REVISIONS , FOLLOWING THE COUNCIL'S APPROVAL OF THE SECOND DIRECTIVE . THE TEXT APPEARS BELOW .  ANNEXES : SEE O.J .


title: Commission Directive 2007/9/EC of 20 February 2007 amending the Annexe to Council Directive 90/642/EEC as regards maximum residue levels for aldicarb (Text with EEA relevance )

text:
               1.3.2007

               EN

               Official Journal of the European Union

               L 63/17

      COMMISSION DIRECTIVE 2007/9/EC
   of 20 February 2007
   amending the Annexe to Council Directive 90/642/EEC as regards maximum residue levels for aldicarb
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (1), and in particular Article 7 thereof,
   Whereas:

               (1)

               In the case of cereals and products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.

               (2)

               MRLs for pesticides are kept under review and changed to take account of new information and data. MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residue in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported by the necessary data.

               (3)

               A Member State informed the Commission of its desire to revise national MRLs in accordance with Article 8 of Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission.

               (4)

               The lifetime and short-term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation (2). On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.

               (5)

               Where relevant, the acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the new MRLs will not cause acute toxic effects.

               (6)

               Through the World Trade Organisation, the Community's trading partners have been consulted about the new MRLs and their comments on these levels have been taken into account.

               (7)

               At the request of the Commission, EFSA (3) has given an opinion on the risk of the aldicarb MRLs in this Directive.

               (8)

               The Annexes to Directives 90/642/EEC should therefore be amended accordingly.

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Part A of Annex II to Directive 90/642/EEC is amended in accordance with the Annex to this Directive.
   Article 2
   Member States shall adopt and publish, by 1 September 2007 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 2 September 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 February 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2006/92/EC (OJ L 311, 10.11.2006, p. 31).

      (2)  Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

      (3)  The EFSA Journal (2006) 409, p. 1.

      ANNEX
      In part A of Annex II to Directive 90/642/EEC, the lines for aldicarb are replaced by the following:

                     Pesticide residues and maximum residue levels (mg/kg)

                     Groups and examples of individual products to which the MRLs apply

                     Aldicarb (sum of aldicarb, its sulfoxide and its sulfone expressed as aldicarb)

                                 ‘1.

                                 Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

                     0,02 (1)

                                 (i)

                                 CITRUS FRUIT

                     Grapefruit

                     Lemons

                     Limes

                     Mandarins (including clementines and other hybrids)

                     Oranges

                     Pomelos

                     Others

                                 (ii)

                                 TREE NUTS (shelled or unshelled)

                     Almonds

                     Brazil nuts

                     Cashew nuts

                     Chestnuts

                     Coconuts

                     Hazelnuts

                     Macadamia

                     Pecans

                     Pine nuts

                     Pistachios

                     Walnuts

                     Others

                                 (iii)

                                 POME FRUIT

                     Apples

                     Pears

                     Quinces

                     Others

                                 (iv)

                                 STONE FRUIT

                     Apricots

                     Cherries

                     Peaches (including nectarines and similar hybrids)

                     Plums

                     Others

                                 (v)

                                 BERRIES AND SMALL FRUIT

                                 (a)

                                 Table and wine grapes

                     Table grapes

                     Wine grapes

                                 (b)

                                 Strawberries (other than wild)

                                 (c)

                                 Cane fruit (other than wild)

                     Blackberries

                     Dewberries

                     Loganberries

                     Raspberries

                     Others

                                 (d)

                                 Other small fruit and berries (other than wild)

                     Bilberries

                     Cranberries

                     Currants (red, black and white)

                     Gooseberries

                     Others

                                 (e)

                                 Wild berries and wild fruit

                                 (vi)

                                 MISCELLANEOUS

                     Avocados

                     Bananas

                     Dates

                     Figs

                     Kiwi

                     Kumquats

                     Litchis

                     Mangoes

                     Olives (table consumption)

                     Olives (oil extraction)

                     Papaya

                     Passion fruit

                     Pineapples

                     Pomegranate

                     Others

                                 2.

                                 Vegetables, fresh or uncooked, frozen or dry

                                 (i)

                                 ROOT AND TUBER VEGETABLES

                     0,02 (1)

                     Beetroot

                     Carrots

                     Cassava

                     Celeriac

                     Horseradish

                     Jerusalem artichokes

                     Parsnips

                     Parsley root

                     Radishes

                     Salsify

                     Sweet potatoes

                     Swedes

                     Turnips

                     Yam

                     Others

                                 (ii)

                                 BULB VEGETABLES

                     0,05

                     Garlic

                     Onions

                     Shallots

                     Spring onions

                     Others

                                 (iii)

                                 FRUITING VEGETABLES

                     0,02 (1)

                                 (a)

                                 Solanacea

                     Tomatoes

                     Peppers

                     Aubergines

                     Okra

                     Others

                                 (b)

                                 Cucurbits — edible peel

                     Cucumbers

                     Gherkins

                     Courgettes

                     Others

                                 (c)

                                 Cucurbits — inedible peel

                     Melons

                     Squashes

                     Watermelons

                     Others

                                 (d)

                                 Sweet corn

                                 (iv)

                                 BRASSICA VEGETABLES

                     0,02 (1)

                                 (a)

                                 Flowering brassica

                     Broccoli

                     Cauliflower

                     Others

                                 (b)

                                 Head brassica

                     Brussels sprouts

                     Head cabbage

                     Others

                                 (c)

                                 Leafy brassica

                     Chinese cabbage

                     Kale

                     Others

                                 (d)

                                 Kohlrabi

                                 (v)

                                 LEAF VEGETABLES AND FRESH HERBS

                     0,02 (1)

                                 (a)

                                 Lettuce and similar

                     Cress

                     Lamb's lettuce

                     Lettuce

                     Scarole (broad-leaf endive)

                     Ruccola

                     Leaves and stems of brassica

                     Others

                                 (b)

                                 Spinach and similar

                     Spinach

                     Beet leaves (chard)

                     Others

                                 (c)

                                 Water cress

                                 (d)

                                 Witloof

                                 (e)

                                 Herbs

                     Chervil

                     Chives

                     Parsley

                     Celery leaves

                     Others

                                 (vi)

                                 LEGUME VEGETABLES (fresh)

                     0,02 (1)

                     Beans (with pods)

                     Beans (without pods)

                     Peas (with pods)

                     Peas (without pods)

                     Others

                                 (vii)

                                 STEM VEGETABLES (fresh)

                     0,02 (1)

                     Asparagus

                     Cardoons

                     Celery

                     Fennel

                     Globe artichokes

                     Leek

                     Rhubarb

                     Others

                                 (viii)

                                 FUNGI

                     0,02 (1)

                                 (a)

                                 Cultivated mushrooms

                                 (b)

                                 Wild mushrooms

                                 3.

                                 Pulses

                     0,02 (1)

                     Beans

                     Lentils

                     Peas

                     Lupines

                     Others

                                 4.

                                 Oilseed

                     0,05 (1)

                     Linseed

                     Peanuts

                     Poppy seeds

                     Sesame seeds

                     Sunflower seed

                     Rape seed

                     Soya bean

                     Mustard seed

                     Cotton seed

                     Hemp seed

                     Others

                                 5.

                                 Potatoes

                     0,02 (1)

                     Early potatoes

                     Ware potatoes

                                 6.

                                 Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)

                     0,05 (1)

                                 7.

                                 Hops (dried), including hop pellets and unconcentrated powder

                     0,05 (1)

         (1)  Indicates the lower limit of analytical determination.’


title: Directive 2014/46/EU of the European Parliament and of the Council of 3 April 2014 amending Council Directive 1999/37/EC on the registration documents for vehicles

text:
                  29.4.2014

                  EN

                  Official Journal of the European Union

                  L 127/129

            DIRECTIVE 2014/46/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
      of 3 April 2014
      amending Council Directive 1999/37/EC on the registration documents for vehicles
      THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
      Having regard to the proposal from the European Commission,
      After transmission of the draft legislative act to the national parliaments,
      Having regard to the opinion of the European Economic and Social Committee (1),
      After consulting the Committee of the Regions,
      Acting in accordance with the ordinary legislative procedure (2),
      Whereas:

                  (1)

                  Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. That regime should provide for periodic roadworthiness testing of vehicles and technical roadside inspection of vehicles used for commercial road transport activities as well as a vehicle registration procedure allowing for the suspension of a vehicle’s authorisation to be used in road traffic where the vehicle constitutes an immediate risk to road safety.

                  (2)

                  The registration of a vehicle provides administrative authorisation for its entry into service in road traffic. Council Directive 1999/37/EC (3) applies only to the granting of a registration for vehicles. Nevertheless, especially in cases where the use of a vehicle on public roads would create a risk on account of its technical condition, it should be possible to suspend authorisation of the use of that vehicle for a certain period of time. To reduce the administrative burden resulting from suspension, it should not be necessary to go through a new process of registration when the suspension is lifted.

                  (3)

                  An obligation to cancel permanently the registration of a vehicle notified as having been treated as an end-of-life vehicle in accordance with Directive 2000/53/EC of the European Parliament and of the Council (4) should be introduced. Member States have the possibility to specify in national law other reasons for cancelling a vehicle registration.

                  (4)

                  Even where a vehicle registration has been cancelled, it should be possible to retain a record of that registration.

                  (5)

                  In order to reduce administrative burdens and to ease the exchange of information between Member States, information relating to vehicles should be recorded electronically.

                  (6)

                  This Directive should not prevent a Member State from regarding the electronic dataset kept by its competent authorities as the main source of information about a vehicle registered in its territory. It should be possible for Member States to use an electronic network, comprising data from national electronic databases, in order to facilitate the exchange of information.

                  (7)

                  In cases where dangerous deficiencies have been found during a roadworthiness test and the authorisation of a vehicle for use on public roads has been suspended, that suspension should be recorded until the vehicle has passed a new roadworthiness test.

                  (8)

                  In order to update point II.4, second indent and point III.1.A (b) of both Annex I and Annex II to Directive 1999/37/EC in the event of enlargement of the Union, as well as to update point II.6 of Annex I related to non mandatory elements in the event of changes of definitions or the content of certificates of conformity in the relevant Union type-approval legislation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

                  (9)

                  Directive 1999/37/EC should therefore be amended accordingly,

            HAVE ADOPTED THIS DIRECTIVE:
      Article 1
      Amendments to Directive 1999/37/EC
      Directive 1999/37/EC is amended as follows:

                  (1)

                  in Article 1, the first sentence is replaced by the following:
                  ‘This Directive shall apply to the vehicle registration documents issued by the Member States.’;

                  (2)

                  in Article 2, the following points are added:

                              ‘(e)

                              “suspension”: means a limited period of time in which a vehicle is not authorised by a Member State to be used in road traffic following which – provided the reasons for suspension have ceased to apply – it may be authorised to be used again without involving a new process of registration;

                              (f)

                              “cancellation of a registration”: means the cancellation of a Member State’s authorisation for a vehicle to be used in road traffic.’;

                  (3)

                  in Article 3, the following paragraphs are added:
                  ‘4.   Member States shall record electronically data on all vehicles registered on their territory. Those data shall include:

                              (a)

                              all mandatory elements in accordance with point II.5 of Annex I as well as the elements of points II.6(J) and II.6(V.7) and (V.9) of that Annex, where the data are available;

                              (b)

                              other non-mandatory data listed in Annex I or data from the certificate of conformity as provided for in Directive 2007/46/EC of the European Parliament and of the Council (*), where possible;

                              (c)

                              the outcome of mandatory periodic roadworthiness tests in accordance with Directive 2014/45/EU of the European Parliament and of the Council (**) and the period of validity of the roadworthiness certificate.

                        The processing of personal data in the context of this Directive shall be carried out in accordance with Directives 95/46/EC (***) and 2002/58/EC (****) of the European Parliament and of the Council.
                  5.   Technical vehicle data shall be made available to the competent authorities or testing centres for the purpose of periodic roadworthiness testing. Member States may limit the use and the dissemination of such data by testing centres in order to avoid their misuse.

                     (*)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 9.10.2007, p. 1)."

                     (**)  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51)."

                     (***)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31)."

                     (****)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 37).’;"

                  (4)

                  the following Article is inserted:
                  ‘Article 3a
                  1.   Where the competent authority of a Member State receives notification of a periodic roadworthiness test showing that the authorisation to use a particular vehicle in road traffic has been suspended in accordance with Article 9 of Directive 2014/45/EU, the suspension shall be recorded electronically and an additional roadworthiness test shall be carried out.
                  The suspension shall be effective until the vehicle has passed a new roadworthiness test. On successful completion of the roadworthiness test, the competent authority shall without delay re-authorise the use of the vehicle in road traffic. No new process of registration shall be necessary.
                  Member States or their competent authorities may adopt measures to facilitate the retesting of a vehicle the authorisation of which for use in road traffic has been suspended. Those measures may include the grant of permission to travel on public roads between a place of repair and a test centre for the purpose of a roadworthiness test.
                  2.   Member States may allow the holder of the registration certificate to submit a request to the competent authority for transfer of the registration to the new owner of the vehicle.
                  3.   In the event that the competent authority of a Member State receives notification that a vehicle has been treated as an end-of-life vehicle in accordance with Directive 2000/53/EC of the European Parliament and of the Council (*****), the registration of that vehicle shall be cancelled permanently and information to that effect shall be added to the electronic register.

                     (*****)  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 269, 21.10.2000, p. 34).’;"

                  (5)

                  in Article 5, the following paragraph is added:
                  ‘3.   Without prejudice to Articles 5(4) and 8(3) of Directive 2014/45/EU, Member States shall, as a matter of principle, recognise the validity of the roadworthiness certificate in the event that the ownership of a vehicle – which has a valid proof of periodic roadworthiness test – changes.’;

                  (6)

                  Articles 6 and 7 are replaced by the following:
                  ‘Article 6
                  The Commission shall be empowered to adopt delegated acts in accordance with Article 7 in order to amend:

                              —

                              point II.4, second indent and point III.1.A(b) of both Annex I and Annex II, in the event of enlargement of the Union,

                              —

                              point II.6 of Annex I in relation to non mandatory elements in the event of changes of definitions or of the content of certificates of conformity in the relevant Union type-approval legislation.

                        Article 7
                  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
                  2.   The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from 19 May 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
                  3.   The delegation of powers referred to in Article 6 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
                  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
                  5.   A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;

                  (7)

                  Article 9 is replaced by the following:
                  ‘Article 9
                  Member States shall assist one another in the implementation of this Directive. They may exchange information at bilateral or multilateral level in particular so as to check, before any registration of a vehicle, the latter’s legal status, where necessary in the Member State in which it was previously registered. Such checking may in particular involve the use of an electronic network, comprising data from national electronic databases to facilitate the exchange of information.’;

                  (8)

                  in point II.6 of Annex I, the following point is added:

                              ‘(X)

                              proof of having passed the roadworthiness test, date of next roadworthiness test or expiry of current certificate’.

            Article 2
      Transposition
      1.   Member States shall adopt and publish, by 20 May 2017, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.
      They shall apply those measures from 20 May 2018.
      When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
      2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
      Article 3
      Entry into force
      This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
      Article 4
      Addressees
      This Directive is addressed to the Member States.

         Done at Brussels, 3 April 2014.

               For the European Parliament

               The President

            M. SCHULZ

               For the Council

               The President

            D. KOURKOULAS

         (1)  OJ C 44, 15.2.2013, p. 128.

         (2)  Position of the European Parliament of 11 March 2014 (not yet published in the Official Journal) and decision of the Council of 24 March 2014.

         (3)  Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

         (4)  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 269, 21.10.2000, p. 34).


title: COUNCIL DIRECTIVE 2004/76/EC OF 29.4.2004 AMENDING DIRECTIVE 2003/49/EC AS REGARDS THE POSSIBILITY FOR CERTAIN MEMBER STATES TO APPLY TRANSITIONAL PERIODS FOR THE APPLICATION OF A COMMON SYSTEM OF TAXATION APPLICABLE TO INTEREST AND ROYALTY PAYMENTS MADE BETWEEN ASSOCIATED COMPANIES OF DIFFERENT MEMBER STATES

text:
               30.4.2004

               EN

               Official Journal of the European Communities

               L 157/106

         COUNCIL DIRECTIVE 2004/76/EC
   of 29.4.2004
   amending Directive 2003/49/EC as regards the possibility for certain Member States to apply transitional periods for the application of a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 94 thereof,
   Having regard to the proposal from the Commission (1),
   Having regard to the Opinion of the European Parliament (2),
   Having regard to the Opinion of the European Economic and Social Committee (3),
   Whereas:

               (1)

               Council Directive 2003/49/EC of 3 June 2003 on the common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (4) provides for the abolition of taxation on those payments in the Member State where they arise, but also ensures that these payments are subject to tax once in a Member State.

               (2)

               The application of Directive 2003/49/EC is liable to cause budgetary difficulties for the Czech Republic, Latvia, Lithuania, Poland and Slovakia given the rates of withholding tax applied under national law and on the basis of tax conventions on income and capital and the revenue thus collected.

               (3)

               Those Acceding States should therefore be permitted, on a temporary basis, until the date of application referred to in Article 17(2) and (3) of Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (5) not to apply certain provisions of Directive 2003/49/EC concerning, in the case of Latvia and Lithuania, interest and royalty payments, and in the case of the Czech Republic, Poland and Slovakia, royalty payments only.

               (4)

               The measure provided for in this Directive is not an adaptation within the meaning of Article 57 of the 2003 Act of Accession.

               (5)

               Since the Member States are required to grant credit for tax deducted from interest and royalty payments, it is necessary to ensure that this Directive is transposed by the date of entry into force of the 2003 Act of Accession.

               (6)

               The provisions in this Directive must apply from the date of accession of the new Member States. The urgency of the matter justifies an exception to the six-week period provided for in point I.3. of the Protocol on the role of national parliaments in the European Union,

         HAS ADOPTED THIS DIRECTIVE:

      Article 1

   Article 6 of Directive 2003/49/EC is hereby amended as follows:

               1)

               The title shall be replaced by the following:
               "Transitional rules for the Czech Republic, Greece, Spain, Latvia, Lithuania, Poland, Portugal and Slovakia"

               2)

               Paragraphs 1, 2 and 3 shall be replaced by the following:

                           " 1.

                           Greece, Latvia, Poland and Portugal shall be authorised not to apply the provisions of Article 1 until the date of application referred to in Article 17(2) and (3) of Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (6). During a transitional period of eight years starting on the aforementioned date, the rate of tax on payments of interest or royalties made to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State must not exceed 10% during the first four years and 5% during the final four years.
                           Lithuania shall be authorised not to apply the provisions of Article 1 until the date of application referred to in Article 17(2) and (3) of Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (7). During a transitional period of six years starting on the aforementioned date, the rate of tax on payments of royalties made to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State must not exceed 10%. During the first four years of the six-year transitional period, the rate of tax on payments of interest made to an associated company of another Member State or to a permanent establishment situated in another Member State must not exceed 10%; and for the following two years, the rate of tax on such payments of interest must not exceed 5%.
                           Spain and the Czech Republic shall be authorised, for royalty payments only, not to apply the provisions of Article 1 until the date of application referred to in Article 17(2) and (3) of Directive 2003/48/EC. During a transitional period of six years starting on the aforementioned date, the rate of tax on payments of royalties made to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State must not exceed 10%. Slovakia shall be authorised, for royalty payments only, not to apply the provisions of Article 1 during a transitional period of two years starting on 1 May 2004.
                           These transitional rules shall, however, remain subject to the continued application of any rate of tax lower than those referred to in the first, second and third subparagraphs provided by bilateral agreements concluded between the Czech Republic, Greece, Spain, Latvia, Lithuania, Poland, Portugal or Slovakia and other Member States. Before the end of any of the transitional periods mentioned in this paragraph the Council may decide unanimously, on a proposal from the Commission, on a possible extension of the said transitional periods.

                           2.

                           Where a company of a Member State, or a permanent establishment situated in that Member State of a company of a Member State:

                                       —

                                       receives interest or royalties from an associated company of Greece, Latvia, Lithuania, Poland or Portugal,

                                       —

                                       receives royalties from an associated company of the Czech Republic, Spain or Slovakia,

                                       —

                                       receives interest or royalties from a permanent establishment situated in Greece, Latvia, Lithuania, Poland or Portugal, of an associated company of a Member State, or

                                       —

                                       receives royalties from a permanent establishment situated in the Czech Republic, Spain or Slovakia, of an associated company of a Member State,

                                 the first Member State shall allow an amount equal to the tax paid in the Czech Republic, Greece, Spain, Latvia, Lithuania, Poland, Portugal, or Slovakia in accordance with paragraph 1 on that income as a deduction from the tax on the income of the company or permanent establishment which received that income.

                           3.

                           The deduction provided for in paragraph 2 need not exceed the lower of:

                                       (a)

                                       the tax payable in the Czech Republic, Greece, Spain, Latvia, Lithuania, Poland, Portugal or Slovakia, on such income on the basis of paragraph 1, or

                                       (b)

                                       that part of the tax on the income of the company or permanent establishment which received the interest or royalties, as computed before the deduction is given, which is attributable to those payments under the domestic law of the Member State of which it is a company or in which the permanent establishment is situated.

                  (6)  L 157, 26.6.2003, p. 38."

                  (7)  L 157, 26.6.2003, p. 38"."

      Article 2

   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive from the date of its entry into force. They shall immediately forward to the Commission the text of these measures, together with a correlation table between such measures and this Directive.
   When Member States adopt such measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

      Article 3

   This Directive shall enter into force subject to, and as on the date of, the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

      Article 4

   This Directive is addressed to the Member States.

      Done at Luxembourg, 29.4.2004.

         For the Council
         The President
         M. McDOWELL

      (1)  OJ C

      (2)  OJ C

      (3)  OJ C

      (4)  OJ L 157, 26.6.2003, p. 49.

      (5)  OJ L 157, 26.6.2003, p. 38.


Avis juridique important

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31999L0049

Council Directive 1999/49/EC of 25 May 1999 amending, with regard to the level of the standard rate, Directive 77/388/EEC on the common system of value added tax

Official Journal L 139 , 02/06/1999 P. 0027 - 0028

COUNCIL DIRECTIVE 1999/49/ECof 25 May 1999amending, with regard to the level of the standard rate, Directive 77/388/EEC on the common system of value added taxTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),(1) Whereas Article 12(3)(a) of sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(4), lays down that the Council shall decide on the level of the standard rate to be applied after 31 December 1998; whereas the standard rate of value added tax is fixed by each Member State as a percentage of the taxable amount and is the same for the supply of goods and for the supply of services; whereas from 1 January 1993 until 31 December 1998, this percentage may not be less than 15 %;(2) Whereas experience has shown that the standard rate of value added tax currently in force in the various Member States, combined with the mechanism of the transitional system, have ensured that this transitional system has functioned satisfactorily; whereas it seems therefore appropriate, with regard to the standard rate, to maintain the current level of the minimum rate for a further period of time;(3) Whereas, however, the Commission report on rates highlighted the fact that distortions of competition exist and are likely to be accentuated by the introduction of the single currency; whereas the period of application of the standard rate should be limited to two years in order to enable the Council at a later stage to decide on the levels of both the standard rate and reduced rate or rates,HAS ADOPTED THIS DIRECTIVE:Article 1Article 12(3)(a) of Directive 77/388/EEC shall be replaced by the following: "(a) The standard rate of value added tax shall be fixed by each Member State as a percentage of the taxable amount and shall be the same for the supply of goods and for the supply of services. From 1 January 1999 until 31 December 2000, this percentage may not be less than 15 %.On a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, the Council shall decide unanimously on the level of the standard rate to be applied after 31 December 2000.Member States may also apply either one or two reduced rates. These rates shall be fixed as a percentage of the taxable amount, which may not be less than 5 %, and shall apply only to supplies of the categories of goods and services specified in Annex H."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1999 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 January 1999.Article 4This Directive is addressed to the Member States.Done at Brussels, 25 May 1999.For the CouncilThe PresidentH. EICHEL(1) OJ C 409, 30.12.1998, p. 13.(2) Opinion of 23 March 1999 (not yet published in the Official Journal).(3) OJ C 101, 12.4.1999, p. 73.(4) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 98/80/EC (OJ L 281, 17.10.1998, p. 31).


Avis juridique important

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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 MAXIMUM PERIOD OF ONE YEAR , SUSPEND AUTHORIZATION TO USE THAT SUBSTANCE OR MAY REDUCE THE MAXIMUM AUTHORIZED LEVEL OF ONE OR MORE OF THE INGREDIENTS IN QUESTION . IT SHALL IMMEDIATELY INFORM THE COMMISSION THEREOF AND THE COMMISSION SHALL CONSULT THE MEMBER STATES .  THE COUNCIL ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION SHALL DECIDE WITHOUT DELAY WHETHER MEASURES NEED TO BE ADOPTED AND , IF SO , SHALL ADOPT BY DIRECTIVE THE NECESSARY AMENDMENTS . THE COUNCIL ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION MAY ALSO , IF NECESSARY , EXTEND FOR A MAXIMUM OF ONE YEAR THE PERIOD SET IN THE AFOREGOING PARAGAPH .  ARTICLE 6  1 . CHOCOLATE , PLAIN CHOCOLATE , GIANDUJA 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 BETWEEN 85 G AND 500 G , SHALL BE MARKETED IN THE FOLLOWING INDIVIDUAL WEIGHTS ONLY : 100 G , 125 G , 150 G , 200 G , 250 G , 300 G , 400 G AND 500 G .  2 . WITHIN A MAXIMUM PERIOD OF TWO YEARS FROM THE NOTIFICATION OF THIS DIRECTIVE THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , SHALL LAY DOWN THE SOLE INDIVIDUAL WEIGHTS FOR MARKETING THE PRODUCTS REFERRED TO IN ANNEX I , HEADINGS 1.8 TO 1.13 .  ARTICLE 7  1 . THE ONLY INFORMATION WHICH IS COMPULSORY ON THE PACKAGES , CONTAINERS OR LABELS OF THE PRODUCTS DEFINED IN ANNEX 1 AND WHICH MUST BE CONSPICUOUS , CLEARLY LEGIBLE AND INDELIBLE SHALL BE THE FOLLOWING :   ( A ) THE NAME WHICH IS RESERVED FOR THEM ; IN THE CASE OF THE PRODUCTS DEFINED IN ANNEX I , PARAGRAPH 1 , HEADING 1.27 , THIS NAME SHALL BE ACCOMPANIED BY AN INDICATION TO THE CONSUMER OF THE FILLING PRODUCT USED , WITHOUT PREJUDICE TO THE PROVISIONS WHICH MAY APPLY TO THE LATTER ;   ( B ) FOR PRODUCTS SPECIFIED IN ANNEX I ( 1 ) UNDER HEADINGS 1.10 , 1.11 , 1.12 , 1.13 , 1.16 , 1.17 , 1.21 AND 1.22 , AN INDICATION OF THE TOTAL DRY COCOA CONTENT BY THE DECLARATION " COCOA SOLIDS ... % MINIMUM " ;   ( C ) FOR FILLED CHOCOLATE AND CHOCOLATES OBTAINED FROM CHOCOLATE PRODUCTS OTHER THAN CHOCOLATE AND COUVERTURE CHOCOLATE , AN ADDITIONAL INDICATION OF THE TYPE OR TYPES OF CHOCOLATE USED . HOWEVER , IN THE CASE OF CHOCOLATES , FOR A PERIOD OF FIVE YEARS FROM THE NOTIFICATION OF THIS DIRECTIVE , IN AS MUCH AS THIS IS NOT COMPULSORY UNDER NATIONAL PROVISIONS , THE ADDITIONAL INDICATION IN QUESTION SHALL BE COMPULSORY ONLY IN CASES WHERE THESE PRODUCTS ARE OBTAINED FROM PLAIN CHOCOLATE , MILK CHOCOLATE WITH HIGH MILK CONTENT OR WHITE CHOCOLATE ;   ( D ) WHERE APPROPRIATE , THE DECLARATIONS REQUIRED BY ANNEX I ( 4 ) TO ( 7 ) ;   ( E ) THE NET WEIGHT , UNLESS THE PRODUCTS WEIGH LESS THAN 50 G ; THIS EXCEPTION SHALL NOT APPLY TO PRODUCTS WEIGHING LESS THAN 50 G EACH PRESENTED IN PACKAGES CONTAINING 2 OR MORE SUCH PRODUCTS WHOSE NET WEIGHT INCLUSIVE OF PACKAGING IS NOT LESS THAN 50 G ; IN THE CASE OF HOLLOW MOULDED PRODUCTS THIS INFORMATION MAY BE REPLACED BY THE MINIMUM NET WEIGHT ;   ( F ) THE NAME OR TRADE NAME AND THE ADDRESS OR REGISTERED OFFICE OF THE MANUFACTURER OR PACKER , OR OF A SELLER ESTABLISHED WITHIN THE COMMUNITY .  2 . BY WAY OF DEROGATION FROM PARAGRAPH 1 , AND WITHOUT PREJUDICE TO THE PROVISIONS TO BE ADOPTED BY THE COMMUNITY WITH REGARD TO THE LABELLING OF FOODSTUFFS , THE MEMBER STATES MAY RETAIN NATIONAL PROVISIONS WHICH REQUIRE INDICATION OF :   ( A ) THE FACTORY IN RESPECT OF NATIONAL PRODUCTION ;   ( B ) THE COUNTRY OF ORIGIN , ALTHOUGH THIS INFORMATION MAY NOT BE REQUIRED FOR PRODUCTS MANUFACTURED WITHIN THE COMMUNITY .  3 . MEMBER STATES SHALL REFRAIN FROM STATING , APART FROM WHAT IS LAID DOWN IN PARAGRAPH 1 , HOW THE INFORMATION REFERRED TO IN THAT PARAGRAPH IS TO BE GIVEN .  HOWEVER , MEMBER STATES MAY FORBID TRADE ON THEIR TERRITORY :   - IN THE PRODUCTS DEFINED IN ANNEX I , IF THE MARKINGS LAID DOWN IN PARAGRAPHS 1 ( A ) , ( C ) AND  ( D ) ARE NOT SHOWN ON ONE SIDE OF THE WRAPPING OR CONTAINER IN THE NATIONAL LANGUAGE OR LANGUAGES ;   - IN THE PRODUCT DEFINED IN ANNEX I ( 1 ) UNDER HEADING 1.22 IF THE DESCRIPTION " MILK CHOCOLATE " APPEARS ON THE WRAPPING .  ARTICLE 8  THE MAIN NAME " CHOCOLATE " AND " MILK CHOCOLATE " MAY BE SUPPLEMENTED BY DECLARATIONS OR ADJECTIVES RELATING TO QUALITY ONLY IF :   ( A ) THE CHOCOLATE HAS A TOTAL DRY COCOA SOLIDS CONTENT OF AT LEAST 43 % , INCLUDING AT LEAST 26 % COCOA BUTTER ;   ( B ) THE MILK CHOCOLATE CONTAINS NOT MORE THAN 50 % SUCROSE AND AT LEAST 30 % TOTAL DRY COCOA SOLIDS , AND 18 % MILK SOLIDS OBTAINED BY EVAPORATION , INCLUDING AT LEAST 4,5 % BUTTER FAT .  ARTICLE 9  1 . NOTWITHSTANDING ARTICLE 7 ( 1 ) ( A ) , MEMBER STATES MAY , FOR A PERIOD OF FOUR YEARS AFTER THE NOTIFICATION OF THIS DIRECTIVE , ALLOW THE RESERVED NAME TO BE SHOWN ON PACKAGES , CONTAINERS OR LABELS , TOGETHER WITH THE NAME PREVIOUSLY USED IN ACCORDANCE WITH THE USAGES OR REGULATIONS OF THE COUNTRY CONCERNED AT THE TIME OF THE NOTIFICATION OF THIS DIRECTIVE .  2 . NOTWITHSTANDING ARTICLE 8 , MEMBER STATES SHALL , FOR A PERIOD OF THREE YEARS FROM THE NOTIFICATION OF THIS DIRECTIVE , CONFINE USE OF THE DESCRIPTION  " HALBBITTER " TO CHOCOLATE HAVING A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 50 % , INCLUDING AT LEAST 18 % OF COCOA BUTTER .  ARTICLE 10  1 . MEMBER STATES SHALL ADOPT ALL THE MEASURES NECESSARY TO ENSURE THAT TRADE IN THE PRODUCTS REFERRED TO IN ARTICLE 1 , WHICH COMPLY WITH THE DEFINITIONS AND RULES LAID DOWN IN THIS DIRECTIVE AND IN ANNEX I THEREOF , CANNOT BE IMPEDED BY THE APPLICATION OF NATIONAL NON-HARMONIZED PROVISIONS GOVERNING THE COMPOSITION , MANUFACTURING SPECIFICATIONS , PACKAGING OR LABELLING OF THESE PRODUCTS IN PARTICULAR OR OF FOODSTUFFS IN GENERAL .  2 . PARAGRAPH 1 SHALL NOT BE APPLICABLE TO NON-HARMONIZED PROVISIONS JUSTIFIED ON GROUNDS OF :   - PROTECTION OF PUBLIC HEALTH ,   - REPRESSION OF FRAUDS UNLESS SUCH PROVISIONS ARE LIABLE TO IMPEDE THE APPLICATION OF THE DEFINITIONS AND RULES LAID DOWN BY THIS DIRECTIVE ,   - PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY , INDICATIONS OF SOURCE , APPLICATIONS OF ORIGIN AND REPRESSION OF UNFAIR COMPETITION .  ARTICLE 11  THE FOLLOWING SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 12 :   ( A ) THE SAMPLING PROCEDURES AND METHODS OF ANALYSIS NEEDED TO VERIFY THAT THE PURITY CRITERIA REFERRED TO IN ARTICLE 5 ( 1 ) ( B ) ARE SATISFIED ;   ( B ) THE SAMPLING PROCEDURES AND METHODS OF ANALYSIS NEEDED TO VERIFY THAT THE RULES RELATING TO THE COMPOSITION AND MANUFACTURING SPECIFICATIONS OF THESE PRODUCTS LAID DOWN IN ANNEX I ARE FULFILLED .  ARTICLE 12  1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS TO BE FOLLOWED , THE MATTER SHALL BE REFERRED TO THE STANDING COMMITTEE ON FOODSTUFFS SET UP BY THE COUNCIL DECISION OF 13 NOVEMBER 1969 ( HEREINAFTER CALLED " THE COMMITTEE " ) BY ITS CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE .  2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE TAKEN . THE COMMITTEE SHALL GIVE ITS OPINION ON THAT DRAFT WITHIN A TIME LIMIT SET BY THE CHAIRMAN HAVING REGARD TO THE URGENCY OF THE MATTER . OPINIONS SHALL BE DELIVERED BY A MAJORITY OF 41 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHARIMAN SHALL NOT VOTE .  3 . ( A ) WHERE THE MEASURES ENVISAGED ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , THE COMMISSION SHALL ADOPT THEM .   ( B ) WHERE THE MEASURES ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY SUBMIT TO THE COUNCIL A PROPOSAL ON THE MEASURES TO BE TAKEN . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .   ( C ) IF WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED TO IT , THE COUNCIL HAS NOT ACTED , THE PROPOSED MEASURES SHALL BE ADOPTED BY THE COMMISSION .  ARTICLE 13  THE PROVISIONS OF ARTICLE 12 SHALL APPLY FOR EIGHTEEN MONTHS FROM THE DATE ON WHICH THE MATTER WAS FIRST REFERRED TO THE COMMITTEE UNDER ARTICLE 12 ( 1 ) .  ARTICLE 14  1 . THIS DIRECTIVE SHALL ALSO APPLY TO PRODUCTS IMPORTED FROM THIRD COUNTRIES AND INTENDED FOR CONSUMPTION WITHIN THE COMMUNITY .  2 . THIS DIRECTIVE SHALL NOT AFFECT THE PROVISIONS OF NATIONAL LAWS :   ( A ) AT PRESENT AUTHORIZING OR PROHIBITING THE ADDITION OF VEGETABLE FATS OTHER THAN COCOA-BUTTER TO THE CHOCOLATE PRODUCTS DEFINED IN ANNEX I . AT THE END OF A PERIOD OF THREE YEARS FROM THE NOTIFICATION OF THIS DIRECTIVE THE COUNCIL SHALL DECIDE , ON A PROPOSAL FROM THE COMMISSION , ON THE POSSIBILITIES AND THE FORMS OF EXTENDING THE USE OF THESE FATS TO THE WHOLE OF THE COMMUNITY ;   ( B ) AUTHORIZING OR PROHIBITING THE RETAIL SALE OF THE VARIOUS CHOCOLATE PRODUCTS WITHOUT WRAPPING ;   ( C ) PROHIBITING THE MARKETING OF BARS OF CHOCOLATE WEIGHING BETWEEN 75 G AND 85 G . THE COUNCIL SHALL DECIDE LATER ON A PROPOSAL FROM THE COMMISSION THE MEASURES TO BE APPLIED FOR THIS PURPOSE THREE YEARS AFTER THE NOTIFICATION OF THIS DIRECTIVE ;   ( D ) LAYING DOWN LESS STRINGENT REGULATIONS ON LABELLING IN THE RETAIL SALE OF FANCY PRODUCTS SUCH AS FIGURINES , CIGARETTES , EGGS AND LOOSE CHOCOLATES ; IN SUCH CASES THE PROVISIONS MAY ONLY REQUIRE THE PLACING OF A NOTICE NEAR THE DISPLAYED PRODUCT ;   ( E ) APPLICABLE TO DIETARY PRODUCTS , UNTIL COMMUNITY PROVISIONS CONCERNING THESE ARE PUT INTO EFFECT ;   ( F ) AUTHORIZING THE OFFERING FOR SALE OF CHOCOLATE PRODUCTS OTHER THAN THOSE DEFINED IN ANNEX I UNDER THE NAMES " CREAM CHOCOLATE " OR  " SKIMMED-MILK CHOCOLATE " .  3 . THIS DIRECTIVE SHALL NOT APPLY TO PRODUCTS LISTED IN ANNEX I ( 1 ) INTENDED FOR EXPORT FROM THE COMMUNITY .  ARTICLE 15  MEMBER STATES SHALL , IF NECESSARY , WITHIN A PERIOD OF ONE YEAR FOLLOWING NOTIFICATION OF THIS DIRECTIVE , AMEND THEIR LAWS IN ACCORDANCE WITH THE PROVISIONS OF THIS DIRECTIVE AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF . THE LAWS THUS AMENDED SHALL APPLY TO THE PRODUCTS OFFERED FOR SALE IN THE MEMBER STATES TWO YEARS AFTER THE NOTIFICATION OF THIS DIRECTIVE .  FOR THE APPLICATION OF ARTICLE 6 , HOWEVER , THIS LATTER PERIOD SHALL BE EXTENDED TO THREE YEARS .  ARTICLE 16  THIS DIRECTIVE SHALL APPLY IN THE FRENCH OVERSEAS DEPARTMENTS .  ARTICLE 17  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 24 JULY 1973 .  FOR THE COUNCIL  THE PRESIDENT  I . NOERGAARD  ( 1 ) OJ NO L 291 , 19 . 11 . 1969 , P . 9 .  ANNEX I  1 . FOR THE PURPOSES OF THIS DIRECTIVE , THE FOLLOWING DEFINITIONS SHALL APPLY :  1.1 COCOA BEANS  THE SEEDS OF THE CACAO-TREE ( THEOBROMA CACAO L . ) FERMENTED AND DRIED ;  1.2 COCOA NIB  COCOA BEANS , ROASTED OR UNROASTED , WHEN CLEANED , SHELLED AND HAVING UNDERGONE GERM SEPARATION , CONTAINING , WITHOUT PREJUDICE TO THE PROVISIONS OF PARAGRAPH 2 , A MAXIMUM RESIDUE OF 5 % SHELL OR GERM AND A MAXIMUM CONTENT OF 10 % ASH - THESE PERCENTAGES TO BE BASED ON THE WEIGHT OF DRY DEFATTED MATTER ;  1.3 COCOA DUST , COCOA FINES  PIECES OF COCOA BEAN IN THE FORM OF TINY PARTICLES , COLLECTED SEPARATELY DURING WINNOWING , WITH A MINIMUM FAT CONTENT OF 20 % BASED ON THE WEIGHT OF THE DRY MATTER ;  1.4 COCOA MASS  COCOA NIB REDUCED TO A PASTE BY A MECHANICAL PROCESS WITHOUT LOSING ANY OF ITS NATURAL FAT CONTENT ;  1.5 COCOA PRESS CAKE  COCOA NIB OR COCOA MASS CONVERTED INTO A CAKE BY A MECHANICAL PROCESS , CONTAINING , WITHOUT PREJUDICE TO THE DEFINITION OF FAT-REDUCED COCOA PRESS CAKE , AT LEAST 20 % OF COCOA BUTTER - THIS PERCENTAGE TO BE BASED ON THE WEIGHT OF THE DRY MATTER - AND A MAXIMUM OF 9 % OF WATER ;  1.6 FAT-REDUCED COCOA PRESS CAKE  COCOA PRESS CAKE CONTAINING A MINIMUM OF 8 % OF COCOA BUTTER , BASED ON THE WEIGHT OF THE DRY MATTER ;  1.7 EXPELLER COCOA PRESS CAKE  COCOA BEANS , COCOA DUST , WITH OR WITHOUT COCOA NIB OR COCOA PRESS CAKE , CONVERTED INTO CAKE BY THE EXPELLER PROCESS ;  1.8 COCOA , COCOA POWDER  COCOA PRESS CAKE OBTAINED BY HYDRAULIC PRESSURE , CONVERTED INTO POWDER BY A MECHANICAL PROCESS AND CONTAINING , WITHOUT PREJUDICE TO THE DEFINITION OF FAT-REDUCED COCOA POWDER , AT LEAST 20 % OF COCOA BUTTER - THIS PERCENTAGE TO BE BASED ON THE WEIGHT OF THE DRY MATTER - AND A MAXIMUM OF 9 % OF WATER ;  1.9 FAT-REDUCED COCOA , FAT-REDUCED COCOA POWDER  COCOA POWDER CONTAINING A MINIMUM OF 8 % OF COCOA BUTTER BASED ON THE WEIGHT OF THE DRY MATTER ;  1.10 SWEETENED COCOA , SWEETENED COCOA POWDER  THE PRODUCT OBTAINED BY MIXING COCOA POWDER AND SUCROSE SO THAT 100 G OF THE MIXTURE CONTAINS AT LEAST 32 G OF COCOA POWDER ;  1.11 DRINKING CHOCOLATE  THE PRODUCT OBTAINED BY MIXING COCOA POWDER AND SUCROSE SO THAT 100 G OF THE MIXTURE CONTAINS AT LEAST 25 G OF COCOA POWDER ;  1.12 SWEETENED FAT-REDUCED COCOA , SWEETENED FAT-REDUCED COCOA POWDER  THE PRODUCT OBTAINED BY MIXING FAT-REDUCED COCOA POWDER AND SUCROSE SO THAT 100 G OF THE MIXTURE CONTAINS AT LEAST 32 G OF FAT-REDUCED COCOA POWDER ;  1.13 FAT-REDUCED DRINKING CHOCOLATE  THE PRODUCT OBTAINED BY MIXING FAT-REDUCED COCOA POWDER AND SUCROSE SO THAT 100 G OF THE MIXTURE CONTAINS AT LEAST 25 G OF FAT-REDUCED COCOA POWDER ;  1.14 COCOA BUTTER  THE FAT OBTAINED FROM COCOA BEANS OR PARTS OF COCOA BEANS WHICH COMPLIES WITH THE FOLLOWING PROVISIONS : COCOA BUTTER SHALL BE PRESENTED IN ONE OF THE FOLLOWING FORMS AND UNDER ONE OF THE FOLLOWING NAMES :   - PRESS COCOA BUTTER OR COCOA BUTTER  COCOA BUTTER OBTAINED BY PRESSURE FROM ONE OR MORE OF THE FOLLOWING RAW MATERIALS :  COCOA NIB , COCOA MASS , COCOA PRESS CAKE , FAT-REDUCED COCOA PRESS CAKE .  IT SHALL HAVE THE FOLLOWING CHARACTERISTICS :   - LEVEL OF UNSAPONIFIABLE MATTER DETERMINED USING PETROLEUM ETHER*NOT MORE THAN 0,35 % *   - ACIDITY*NOT MORE THAN 1,75 % ( EXPRESSED AS OLEIC ACID ) *   - EXPELLER COCOA BUTTER  COCOA BUTTER OBTAINED BY TORSION ( THE EXPELLER PROCESS ) FROM COCOA BEANS OR FROM COCOA BEANS COMBINED WITH COCOA NIB , COCOA MASS , COCOA PRESS CAKE , OR FAT-REDUCED COCOA PRESS CAKE .  IT SHALL HAVE THE FOLLOWING CHARACTERISTICS :   - LEVEL OF UNSAPONIFIABLE MATTER DETERMINED USING PETROLEUM ETHER*NOT MORE THAN 0,50 % *   - ACIDITY*NOT MORE THAN 1,75 % ( EXPRESSED AS OLEIC ACID ) *   - REFINED COCOA BUTTER  COCOA BUTTER OBTAINED BY PRESSURE , BY TORSION ( THE EXPELLER PROCESS ) , BY EXTRACTION USING A SOLVENT OR BY A COMBINATION OF THESE 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 REFINED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 ( B ) ; WHERE COCOA FAT , PREPARED EITHER BY THE PRODUCER OF " REFINED COCOA BUTTER " HIMSELF OR BY ANOTHER PRODUCER , IS EMPLOYED AS A SECONDARY RAW MATERIAL , IT MUST HAVE BEEN OBTAINED FROM THE RAW MATERIALS LISTED ABOVE .  IT SHALL HAVE THE FOLLOWING CHARACTERISTICS :   - LEVEL OF UNSAPONIFIABLE MATTER DETERMINED USING PETROLEUM ETHER*NOT MORE THAN 0,50 % *   - ACIDITY*NOT MORE THAN 1,75 % ( EXPRESSED AS OLEIC ACID ) *   - LEVEL OF FAT OBTAINED FROM SHELLS AND GERMS*NOT EXCEEDING IN PROPORTION TO COCOA BUTTER THE LEVEL EXISTING NATURALLY IN COCOA BEANS . *  1.15 COCOA FAT  FAT OBTAINED FROM COCOA BEANS OR FROM PARTS OF COCOA BEANS NOT HAVING THE CHARACTERISTICS LAID DOWN FOR THE VARIOUS CATEGORIES OF COCOA BUTTER ;  1.16 CHOCOLATE  THE PRODUCT OBTAINED FROM COCOA NIB , COCOA MASS , COCOA POWDER OR FAT-REDUCED COCOA POWDER AND SUCROSE WITH OR WITHOUT ADDED COCOA BUTTER , HAVING , WITHOUT PREJUDICE TO THE DEFINITION OF CHOCOLATE VERMICELLI , GIANDUJA NUT CHOCOLATE AND COUVERTURE CHOCOLATE , A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 35 % - AT LEAST 14 % OF DRY NON-FAT COCOA SOLIDS AND 18 % OF COCOA BUTTER - THESE PERCENTAGES TO BE CALCULATED AFTER THE WEIGHT OF THE ADDITIONS PROVIDED FOR IN PARAGRAPHS 5 TO 8 HAS BEEN DEDUCTED ;  1.17 PLAIN CHOCOLATE  THE PRODUCT OBTAINED FROM COCOA NIB , COCOA MASS , COCOA POWDER OR FAT-REDUCED COCOA POWDER AND SUCROSE WITH OR WITHOUT ADDED COCOA BUTTER , HAVING A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 30 % - AT LEAST 12 % OF DRY NON-FAT COCOA SOLIDS AND 18 % OF COCOA BUTTER - THESE PERCENTAGES TO BE CALCULATED AFTER THE WEIGHT OF THE ADDITIONS REFERRED TO IN PARAGRAPHS 5 TO 8 HAS BEEN DEDUCTED ;  1.18 VERMICELLI CHOCOLATE , CHOCOLATE FLAKES  CHOCOLATE IN THE FORM OF GRANULES OR FLAKES HAVING A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 32 % INCLUDING 12 % OF COCOA BUTTER ;  1.19 GIANDUJA ( OR ONE OF THE DERIVATIVES OF THE WORD " GIANDUJA " ) NUT CHOCOLATE  THE PRODUCT OBTAINED FIRSTLY FROM CHOCOLATE HAVING A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 32 % INCLUDING A MINIMUM DRY NON-FAT COCOA SOLIDS CONTENT OF 8 % , AND SECONDLY FROM FINELY GROUND HAZELNUTS IN SUCH QUANTITIES THAT 100 G OF THE PRODUCT CONTAIN NOT LESS THAN 20 G AND NOT MORE THAN 40 G OF NUTS . ALMONDS , HAZELNUTS AND OTHER NUT VARIETIES MAY ALSO BE ADDED , EITHER WHOLE OR BROKEN , IN SUCH QUANTITIES THAT , TOGETHER WITH THE GROUND HAZELNUTS , THEY DO NOT EXCEED 60 % OF THE TOTAL WEIGHT OF THE PRODUCT ;  1.20 COUVERTURE CHOCOLATE  CHOCOLATE CONTAINING A MINIMUM OF 31 % OF COCOA BUTTER AND 2,5 % OF DRY NON-FAT COCOA SOLIDS ; IF COUVERTURE CHOCOLATE IS DESCRIBED AS " DARK COUVERTURE CHOCOLATE " IT SHALL CONTAIN A MINIMUM OF 31 % OF COCOA BUTTER AND 16 % OF DRY NON-FAT COCOA SOLIDS ;  1.21 MILK CHOCOLATE  THE PRODUCT OBTAINED FROM COCOA NIB , COCOA MASS , COCOA POWDER OR FAT-REDUCED COCOA POWDER AND SUCROSE , FROM MILK OR MILK SOLIDS OBTAINED BY EVAPORATION , WITH OR WITHOUT ADDED COCOA BUTTER , AND CONTAINING , WITHOUT PREJUDICE TO THE DEFINITIONS OF MILK CHOCOLATE VERMICELLI , GIANDUJA NUT MILK CHOCOLATE AND COUVERTURE MILK CHOCOLATE :   - A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 25 % INCLUDING AT LEAST 2,5 % OF DRY NON-FAT COCOA SOLIDS ;   - AT LEAST 14 % OF MILK SOLIDS OBTAINED BY EVAPORATION , INCLUDING AT LEAST 3,5 % OF BUTTER FAT ;   - NOT MORE THAN 55 % OF SUCROSE ;   - AT LEAST 25 % OF FAT ;  THESE PERCENTAGES TO BE CALCULATED AFTER THE WEIGHT OF THE ADDITIONS PROVIDED FOR IN PARAGRAPHS 5 TO 8 HAS BEEN DEDUCTED ;  1.122 MILK CHOCOLATE WITH HIGH MILK CONTENT  THE PRODUCT OBTAINED FROM COCOA NIB , COCOA MASS , COCOA POWDER , OR FAT-REDUCED COCOA POWDER AND SUCROSE , FROM MILK OR MILK SOLIDS OBTAINED BY EVAPORATION , WITH OR WITHOUT ADDED COCOA BUTTER , AND CONTAINING :   - A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 20 % INCLUDING AT LEAST 2,5 % OF DRY NON-FAT COCOA SOLIDS ;   - AT LEAST 20 % OF MILK SOLIDS OBTAINED BY EVAPORATION , INCLUDING AT LEAST 5 % OF BUTTER FAT ;   - NOT MORE THAN 55 % OF SUCROSE ;   - AT LEAST 25 % OF FAT ;  THESE PERCENTAGES TO BE CALCULATED AFTER THE WEIGHT OF THE ADDITIONS PROVIDED FOR IN PARAGRAPHS 5 TO 8 HAS BEEN DEDUCTED ;  1.23 MILK CHOCOLATE VERMICELLI , MILK CHOCOLATE FLAKES  MILK CHOCOLATE IN THE FORM OF GRANULES OR FLAKES , HAVING A MINIMUM TOTAL DRY COCOA SOLIDS CONTENT OF 20 % AND A MINIMUM FAT CONTENT OF 12 % INCLUDING AT LEAST 3 % OF BUTTER FAT , AND NOT MORE THAN 66 % OF SUCROSE ;  1.24 GIANDUJA ( OR ONE OF THE DERIVATIVES OF THE WORD " GIANDUJA " ) NUT MILK CHOCOLATE  THE PRODUCT OBTAINED FIRSTLY FROM MILK CHOCOLATE HAVING A MINIMUM CONTENT OF 10 % OF MILK SOLIDS OBTAINED BY EVAPORATION , 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 VARIETIES MAY ALSO BE ADDED , EITHER WHOLE OR BROKEN IN SUCH QUANTITIES THAT , TOGETHER WITH THE GROUND HAZELNUTS , THEY DO NOT EXCEED 60 % OF THE TOTAL WEIGHT OF THE PRODUCT ;  1.25 COUVERTURE MILK CHOCOLATE  MILK CHOCOLATE HAVING A MINIMUM CONTENT OF 31 % OF FAT ;  1.26 WHITE CHOCOLATE  THE PRODUCT FREE OF COLOURING MATTERS , OBTAINED FROM COCOA BUTTER , SUCROSE , MILK OR MILK SOLIDS OBTAINED BY EVAPORATION , AND CONTAINING :   - AT LEAST 20 % OF COCOA BUTTER ;   - AT LEAST 14 % OF MILK SOLIDS OBTAINED BY EVAPORATION , INCLUDING AT LEAST 3,5 % OF BUTTER FAT ;   - NOT MORE THAN 55 % OF SUCROSE ;  THESE PERCENTAGES TO BE CALCULATED AFTER THE WEIGHT OF THE ADDITIONS PROVIDED FOR IN PARAGRAPHS 5 TO 8 HAS BEEN DEDUCTED ;  1.27 FILLED CHOCOLATE  WITHOUT PREJUDICE TO THE PROVISIONS APPLICABLE TO THE FILLING USED , THE FILLED PRODUCT - EXCEPTING FLOUR CONFECTIONERY OR BISCUIT PRODUCTS - THE OUTER PART OF WHICH CONSISTS OF CHOCOLATE , PLAIN CHOCOLATE , GIANDUJA NUT CHOCOLATE , COUVERTURE CHOCOLATE , MILK CHOCOLATE , MILK CHOCOLATE WITH HIGH MILK CONTENT , GIANDUJA NUT MILK CHOCOLATE , COUVERTURE MILK CHOCOLATE OR WHITE CHOCOLATE AND CONSTITUTES AT LEAST 25 % OF THE TOTAL WEIGHT OF THE PRODUCT ;  1.28 A CHOCOLATE  THE PRODUCT IN SINGLE-MOUTHFUL SIZE , CONSISTING EITHER :   - OF FILLED CHOCOLATE , OR   - OF A COMBINATION OF CHOCOLATE , PLAIN CHOCOLATE , GIANDUJA NUT CHOCOLATE , COUVERTURE CHOCOLATE , MILK CHOCOLATE , WITH HIGH MILK CONTENT , GIANDUJA NUT MILK CHOCOLATE , COUVERTURE MILK CHOCOLATE OR WHITE CHOCOLATE IN CONJUNCTION WITH OTHER EDIBLE SUBSTANCES , IN SO FAR AS THE CHOCOLATE PARTS ARE CLEARLY VISIBLE AT LEAST PARTIALLY , AND CONSTITUTE AT LEAST 25 % OF THE TOTAL WEIGHT OF THE PRODUCT OR , OF A MIXTURE OF CHOCOLATE , PLAIN CHOCOLATE , COUVERTURE CHOCOLATE , MILK CHOCOLATE , MILK CHOCOLATE WITH HIGH MILK CONTENT , OR COUVERTURE MILK CHOCOLATE AND OTHER EDIBLE SUBSTANCES , EXCEPTING ,   - FLOUR OR STARCHES   - WITHOUT PREJUDICE TO ARTICLE 14 ( 2 ) ( A ) , FATS OTHER THAN COCOA BUTTER AND MILK FATS  PROVIDED THAT THE CHOCOLATE PRODUCTS CONSTITUTE AT LEAST 25 % OF THE TOTAL WEIGHT OF THE PRODUCT .  2 . COCOA BEANS , COCOA NIB , COCOA DUST , COCOA MASS , COCOA PRESS CAKE , FAT-REDUCED COCOA PRESS CAKE , EXPELLER COCOA PRESS CAKE , COCOA POWDER AND FAT-REDUCED COCOA POWDER MAY BE ALKALIZED ONLY BY ONE OR MORE OF THE FOLLOWING PRODUCTS : ALKALINE CARBONATES , ALKALINE HYDROXIDES , MAGNESIUM CARBONATE , MAGNESIUM OXIDE , AMMONIA SOLUTIONS , PROVIDED THAT THE AMOUNT OF ALKALIZING AGENT ADDED , EXPRESSED AS POTASSIUM CARBONATE , DOES NOT EXCEED 5 % OF THE WEIGHT OF THE DRY DEFATTED MATTER .  A QUANTITY OF CITRIC ACID OR TARTARIC ACID NOT EXCEEDING 0,5 % OF THE TOTAL WEIGHT OF THE PRODUCT MAY BE ADDED TO THE PRODUCTS THUS TREATED .  IF THE PRODUCT HAS BEEN TREATED AS DESCRIBED ABOVE , ITS ASH CONTENT SHALL NOT EXCEED 14 % OF THE DRY DEFATTED MATTER .  3 . ( A ) COCOA BUTTER MAY BE TREATED BY THE FOLLOWING PROCESSES ONLY :   - FILTRATION , CENTRIFUGING AND OTHER PHYSICAL PROCESSES COMMONLY EMPLOYED FOR THE PURPOSE OF DEMUCILAGINATION ;   - TREATMENT BY SUPER-HEATED STEAM UNDER VACUUM AND OTHER PHYSICAL PROCESSES COMMONLY EMPLOYED FOR THE PURPOSE OF DEODORIZATION .   ( B ) FOR REFINED COCOA BUTTER THE FOLLOWING ARE ALSO PERMISSIBLE :   - TREATMENT BY AN ALKALINE WASH OR SIMILAR SUBSTANCE COMMONLY EMPLOYED FOR THE PURPOSES OF NEUTRALIZATION ;   - TREATMENT WITH ONE OR MORE OF THE FOLLOWING SUBSTANCES :   - BENTONITE ,   - ACTIVE CARBONS ,   - OTHER SIMILAR SUBSTANCES COMMONLY EMPLOYED AS A DECOLORANT .  4 . THE PRODUCTS LISTED IN PARAGRAPH 1 MAY CONTAIN INSTEAD OF SUCROSE :   - CRYSTALLIZED GLUCOSE ( DEXTROSE ) , FRUCTOSE , LACTOSE OR MALTOSE AMOUNTING TO A TOTAL OF 5 % OF THE TOTAL WEIGHT OF THE PRODUCT , WITHOUT IT BEING NECESSARY FOR THIS TO BE STATED ;   - CRYSTALLIZED GLUCOSE ( DEXTROSE ) IN A PROPORTION OF MORE THAN 5 % BUT NOT OVER 20 % OF THE TOTAL WEIGHT OF THE PRODUCT . IN THIS CASE THE NAME OF THE PRODUCT SHALL BE ACCOMPANIED BY THE DECLARATION " WITH CRYSTALLIZED GLUCOSE " OR " WITH DEXTROSE " .  5 . ( A ) FOODSTUFFS HAVING A FLAVOURING EFFECT , NATURAL FLAVOURING SUBSTANCES AND SYNTHETIC OR ARTIFICIAL FLAVOURING SUBSTANCES THE CHEMICAL COMPOSITION OF WHICH IS IDENTICAL TO THAT OF THE PRINCIPAL ELEMENTS OF NATURAL FLAVOURING SUBSTANCES ( WITH THE EXCEPTION OF FLAVOURING PREPARATIONS SUGGESTING THE TASTE OF NATURAL CHOCOLATE OR MILK FAT ) , AND ETHYL VANILLIN MAY BE ADDED TO COCOA MASS , TO THE VARIOUS KINDS OF COCOA POWDER , CHOCOLATE AND MILK CHOCOLATE , TO WHITE CHOCOLATE AND TO CHOCOLATES .   ( B ) WITHOUT PREJUDICE TO THE PROVISIONS OF PARAGRAPH 7 , A DECLARATION OF THIS ADDITION SHALL ACCOMPANY THE NAME OF :   - COCOA MASS , COUVERTURE CHOCOLATE AND COUVERTURE MILK CHOCOLATE ;   - THE VARIOUS KINDS OF COCOA POWDER , CHOCOLATE AND MILK CHOCOLATE APART FROM COUVERTURE CHOCOLATE , AND WHITE CHOCOLATE , WHEN THE TASTE OF THE FOODSTUFF HAVING A FLAVOURING EFFECT OR OF THE FLAVOURING SUBSTANCE IS THE PREDOMINANT ONE .  THIS DECLARATION SHALL BE MADE :   - WHERE A FOODSTUFF HAVING A FLAVOURING EFFECT IS EMPLOYED , BY GIVING ITS NAME ,   - WHERE FLAVOURING SUBSTANCES OTHER THAN ETHYL VANILLIN ARE EMPLOYED , BY ADDING TO THE NAME THE STATEMENT " ... TASTE " OR " ... FLAVOUR " WITH THE NAME OF THE SUBSTANCE IN CHARACTERS OF EQUAL SIZE , ANY REFERENCE TO A NATURAL SOURCE SHOULD BE RESTRICTED TO NATURAL FLAVOURING SUBSTANCES ,   - WHERE ETHYL VANILLIN IS EMPLOYED , BY THE STATEMENT " WITH ETHYL VANILLIN " OR " ETHYL VANILLIN FLAVOUR " .  6 . TECHNICALLY PURE VEGETABLE LECITHIN WITH A PEROXIDE LEVEL ( EXPRESSED IN MILLIEQUIVALENTS PER KG ) NOT EXCEEDING 10 , MAY BE ADDED TO THE PRODUCTS LISTED IN PARAGRAPH 1 EXCEPT COCOA NIB .  THE NAME OF THE PRODUCT SHALL BE ACCOMPANIED BY A DECLARATION OF THIS ADDITION AND ITS PERCETAGE , EXCEPT WHEN LECITHIN IS ADDED TO THE VARIOUS KINDS OF CHOCOLATE REFERRED TO UNDER HEADINGS 1.16 TO 1.28 .  PRODUCTS LISTED IN PARAGRAPH 1 MAY NOT CONTAIN MORE THAN 0,5 % OF THEIR TOTAL WEIGHT OF PHOSPHATIDES ; HOWEVER , THIS PERCENTAGE SHALL BE INCREASED TO 1 % FOR THE VARIOUS KINDS OF COCOA POWDER , MILK CHOCOLATE WITH HIGH MILK CONTENT AND CHOCOLATE FLAKES , AND TO 5 % FOR THE VARIOUS KINDS OF COCOA POWDER INTENDED FOR PRODUCTION OF INSTANT PREPARATIONS , IN SO FAR AS THE PROVISIONS RELATING TO THEM ALLOW AND PROVIDED THAT THIS PURPOSE IS INDICATED ON THE PACKINGS AND IN COMMERCIAL DOCUMENTS .  7 . ( A ) WITHOUT PREJUDICE TO ARTICLE 14 ( 2 ) ( A ) , EDIBLE SUBSTANCES , WITH THE EXCEPTION OF FLOUR AND STARCHES AND OF FATS AND FAT PREPARATIONS NOT DERIVED EXCLUSIVELY FROM MILK , MAY BE ADDED TO CHOCOLATE , PLAIN CHOCOLATE , COUVERTURE CHOCOLATE , MILK CHOCOLATE , MILK CHOCOLATE WITH HIGH MILK CONTENT , COUVERTURE MILK CHOCOLATE AND TO WHITE CHOCOLATE .  THE AMOUNT OF THESE SUBSTANCES , IN RELATION TO THE TOTAL WEIGHT OF THE FINISHED PRODUCT , MAY NOT BE :   ( I ) LESS THAN 5 % OR MORE THAN A TOTAL OF 40 % IF ADDED IN CLEARLY VISIBLE AND SEPARABLE PIECES ;   ( II ) MORE THAN A TOTAL OF 30 % IF ADDED IN A FORM WHICH IS FOR PRACTICAL PURPOSES INDISCERNIBLE ;   ( III ) WITHOUT PREJUDICE TO ( I ) ABOVE , MORE THAN A TOTAL OF 40 % , IF THEY ARE ADDED BOTH IN CLEARLY-VISIBLE AND SEPARABLE PIECES AND IN A FORM WHICH IS FOR PRACTICAL PURPOSES INDISCERNIBLE .   ( B ) A DECLARATION RELATING TO THE EDIBLE SUBSTANCES ADDED SHALL ACCOMPANY THE NAME OF THE CHOCOLATE PRODUCTS REFERRED TO UNDER ( A ) .  SUCH A DECLARATION SHALL HOWEVER , BE PROHIBITED IN RESPECT OF THE FOLLOWING :   ( I ) MILK AND MILK PRODUCTS WHEN THE FINISHED PRODUCT IS NOT MILK CHOCOLATE , MILK CHOCOLATE WITH HIGH MILK CONTENT OR COUVERTURE MILK CHOCOLATE ;   ( II ) COFFEE AND SPIRITS , WHEN THE AMOUNT OF EACH OF THESE SUBSTANCES IS LESS THAN 1 % OF THE TOTAL WEIGHT OF THE FINISHED PRODUCT ;   ( III ) OTHER EDIBLE SUBSTANCES , INCORPORATED IN A FORM WHICH IS FOR PRACTICAL PURPOSES INDISCERNIBLE , WHEN THE AMOUNT OF EACH OF THESE SUBSTANCES IS LESS THAN 5 % OF THE TOTAL WEIGHT OF THE FINISHED PRODUCT .   ( C ) IN THE CASE OF FILLED CHOCOLATE AND CHOCOLATES , THE ADDED EDIBLE MATTER REFERRED TO IN PARAGRAPH ( A ) SHALL NOT BE INCLUDED IN THE CHOCOLATE PRODUCT PARTS , WHICH , PURSUANT TO HEADINGS 1.27 AND 1.28 , MUST REPRESENT AT LEAST 25 % OF THE TOTAL WEIGHT .  8 . CHOCOLATE , PLAIN CHOCOLATE , MILK CHOCOLATE , MILK CHOCOLATE WITH HIGH MILK CONTENT , WHITE CHOCOLATE , FILLED CHOCOLATE AND CHOCOLATES MAY BE PARTIALLY COATED WITH EDIBLE SUBSTANCES REPRESENTING A MAXIMUM OF 10 % OF THEIR TOTAL WEIGHT . IN THIS CASE :   ( A ) THE UPPER LIMITS OF 40 % AND 30 % FIXED IN PARAGRAPH 7 ( A ) AND ( B ) SHALL INCLUDE THE COATING SUBSTANCES ,   ( B ) THE LOWER LIMIT OF 25 % FIXED FOR THE CONTENT OF VARIOUS KINDS OF CHOCOLATE IN FILLED CHOCOLATE AND IN CHOCOLATES SHALL RELATE TO THE TOTAL WEIGHT OF THE PRODUCT , COATING INCLUDED .  ANNEX II  SPECIAL MEASURES AFFECTING THE NEW MEMBER STATES  1 . NOTWITHSTANDING ARTICLE 2 OF THIS DIRECTIVE , IRELAND SHALL BE EXEMPT FROM APPLYING TO PRODUCTS MARKETED IN ITS TERRITORY THE PROVISIONS LAID DOWN IN ARTICLE 6 DURING THE WHOLE PERIOD FOR WHICH THE UNITS OF WEIGHT LEGALLY USED IN THAT COUNTRY AT THE TIME OF ITS ACCESSION TO THE EUROPEAN ECONOMIC COMMUNITY REMAIN AUTHORIZED .  2 . ( A ) NOTWITHSTANDING ARTICLE 2 OF THIS DIRECTIVE , THE NEW MEMBER STATES MAY , UNTIL 31 DECEMBER 1977 , APPLY TO THE PRODUCTS MARKETED IN THEIR TERRITORY NATIONAL LAWS , IN FORCE AT THE TIME OF THEIR ACCESSION TO THE EUROPEAN ECONOMIC COMMUNITY , AUTHORIZING THE USE OF   - PHOSPHORIC ACID AS A NEUTRALIZING AGENT IN COCOA PRODUCTS ALKALIZED IN ACCORDANCE WITH THE PROVISIONS OF ANNEX I ( 2 ) ;   - FLAVOURING SUBSTANCES OTHER THAN THOSE REFERRED TO IN ANNEX I ( 5 ) ( A ) IN THE COCOA AND CHOCOLATE PRODUCTS REFERRED TO IN THAT PARAGRAPH ;   - POLYGLYCEROL POLYRICINOLEATE , SORBITAN MONOSTEARATE , SORBITAN TRISTEARATE , POLYOXYETHYLENE ( 20 ) SORBITAN MONOSTEARATE AND AMMONIUM SALTS OF PHOSPHATIDIC ACIDS IN THE COCOA AND CHOCOLATE PRODUCTS REFERRED TO IN THE FIRST SUBPARAGRAPH OF ANNEX I ( 6 ) .   ( B ) PURSUANT TOT HE PROCEDURE LAID DOWN IN ARTICLE 100 OF THE TREATY , THE COUNCIL ACTING ON A PROPOSAL FROM THE COMMISSION MAY , NOT LATER THAN 1 JANUARY 1978 , ADD TO ANNEX I THE SUBSTANCES REFERRED TO UNDER ( A ) .  A DECISION TO INCLUDE THESE SUBSTANCES IN ANNEX I MAY BE ADOPTED ONLY IF SCIENTIFIC RESEARCH HAS ESTABLISHED THAT THEY ARE NOT HARMFUL TO HUMAN HEALTH AND IF THEIR USE IS NECESSARY ON ECONOMIC GROUNDS .