What requirements must cocoa beans comply with to be allowed on the European market?

There are certain legal and non-legal requirements you must meet to enter the European cocoa market regarding subjects like food safety. Furthermore, European cocoa buyers increasingly apply additional requirements that you need to comply with to keep up with European market developments, especially in the field of food safety certification and sustainability. Lastly, if you want to enter a niche market, you must comply with specific niche requirements. Meeting these additional requirements can increase your chances on the market considerably if your product is suitable for those markets.

1. What are the mandatory requirements?

Below, you can find the most important legal and non-legal requirements that you must meet if you want to market cocoa products in Europe. These include general requirements for food products, especially on food safety, as well as specific legislation for cocoa and chocolate products. The Access2Markets webpage of the European Commission gives a complete overview of legal and other requirements for the European cocoa market. The HS Product Code for cocoa beans is 1801. Make sure to use this code when searching for cocoa-specific requirements on the Access2Markets webpage.

Food safety

Food safety and hygiene are key issues on the European market. If you want to export to Europe, your cocoa products must comply with European legislation on food safety and food hygiene. These laws ensure the quality of food products throughout the whole supply chain.

An important measure in controlling food safety hazards involves defining critical control points (HACCP) by implementing food management principles. Subjecting food products to official controls is another important measure. Products that are not considered safe will be denied access to Europe. Note that HACCP is usually not a requirement for cocoa beans, though it likely will be for other cocoa products, such as cocoa butter or cocoa powder.

In the event of repeated non-compliance of specific products originating from particular countries, in relation to a health certificate or analytical test report, for instance, stricter conditions will be required for import. Products from countries that have shown repeated non-compliance are put on a list that is included in the Annex of European Commission Implementing Regulation (EU) 2019/1793. This Annex currently does not list any countries for cocoa products.

Food contaminants

Food contamination can occur at different stages of the production process due to environmental contamination, cultivation practices or processing methods. Since contamination often originates from naturally-occurring substances, it would be impossible to impose a total ban on them. European Union legislation ensures that contaminants are kept at levels that are as low as possible so that they do not represent a risk to human health. The levels are set on the basis of scientific advice provided by the European Food Safety Authority (EFSA).

The main contaminants likely to be found in cocoa and derived products are:

1. heavy metals;
2. pesticide residues;
3. mycotoxins;
4. polycyclic aromatic hydrocarbons (PAHs);
5. microbes;
6. foreign matter.

A) Heavy metals, and cadmium in particular

The European Union has strengthened its regulation on cadmium in cocoa and derived products. The new regulation became effective on January 2019. Cadmium is found naturally in the soil, but pesticides and chemical fertilisers containing cadmium are also contamination sources. The presence of cadmium is a particular problem in cocoa from some Latin American countries due to factors like volcanic activity and forest fires. The maximum permitted levels of cadmium are listed in the table below. Please note that these levels relate to finished chocolate products, but controls of cocoa beans should also take place. Cocoa bean buyers will require lab analyses on cadmium levels, and will be especially vigilant if the cocoa found in your country is known to be affected by cadmium contamination.

Table 1: The EU’s maximum permitted levels of cadmium in cocoa and derived products

When translating the cadmium levels so they can be applied to cocoa beans, European importers use different approaches to calculate the acceptable levels. These levels may vary according to their risk management system and their end-buyer’s requirements. In general, importers will consider <0.5 parts per million (ppm) to be an acceptable level. Up to 0.8 ppm may still be accepted, but acceptance above 0.8 ppm will depend on the content of cocoa in the finished chocolate and the blending possibilities. If the level rises above 1 ppm, chocolate makers will either reject the product altogether or have to blend the cocoa with other cocoa with lower cadmium content from other origins.

B) Pesticides residues

The European Union has set maximum residue levels (MRLs) on the amount of pesticides allowed in food products, including cocoa. The use of pesticides is permitted, but should be strictly controlled. This is especially relevant for cocoa farmers using pesticides to fight insect infestations, such as mirid bugs and the cocoa pod borer. Note that the cocoa beans can also be contaminated with pesticides during storage and transport.

As part of the European Green Deal, the EU aims for a 50% reduction in the use of pesticides by 2030. Therefore, the EU has proposed legally-binding targets for maximum residue limits and has set strict new rules to enforce environmentally-friendly pest control.

C) Mycotoxins

Mycotoxins such as aflatoxins and ochratoxin A (OTA) can occur in cocoa as a result of fungal infection of crops. They are a major cause of economic loss in the cocoa sector. They can also cause off-flavours. The recognition of the health hazards of mycotoxins has led to regulatory limits being set around the world, particularly in the European Union. In 2022, the European Union set new limits for ochratoxin A (Regulation (EU) 2022/1370). There is no specific limit for cocoa beans, though cocoa powder is mentioned with a maximum OTA level of 3 μg/kg.

D) Polycyclic aromatic hydrocarbons (PAHs)

Polycyclic aromatic hydrocarbons (PAHs) may also contaminate cocoa during the post-harvest or primary processing stages. Smoke is one of the main sources of PAHs in cocoa beans during drying or storage. Some PAHs are carcinogenic. The limit for benzo[a]pyrene, which is one of the most common PAHs, is 5.0 μg/kg of fat. The limit is 30 μg/kg for the total sum of PAHs.

E) Microbes
Although cocoa is considered relatively low risk for microbiological contamination such as Salmonella, this can occur as a result of incorrect harvesting and drying techniques. No microbiological criteria for cocoa have been set in current European legislation. However, food safety authorities can withdraw imported food products from the market or prevent them from entering the European Union when microorganisms are found. Salmonella can also occur later in the chocolate-making process; although rare, Europe saw two salmonella outbreaks in factories of Ferrero and Barry Callebaut in 2022.

F) Foreign matter:
Contamination by foreign matter like plastic and insects is a risk when food safety procedures are not carefully followed. For example, mineral oil residues (MOSH and MOAH) have been found in chocolate in Germany. These residues can be derived from materials like recycled paper and treated jute bags. However, the European Union currently has no specific legislation on this, which does not mean that products cannot be rejected by a buyer due to the presence of foreign matter.

Labelling requirements

European Union food labelling rules ensure that consumers receive essential information that allows them to make an informed choice when purchasing their food. This is in relation to pre-packaged products such as chocolate. For cocoa beans, which are sold in bulk, labelling is not guided by specific legislation, but should at least include:

• product name;
• grade or specification;
• lot or batch code;
• country of origin;
• net weight in kg;
• supplier’s name and business address;
• in case of organic, fair trade or other certification: name/code of the inspection body and the certification number.

Figure 1: An example of cocoa bean labelling

Source: Zorzal

Packaging requirements

Cocoa beans are traditionally shipped in jute bags, which can weigh between 60 and 65 kg. In the mainstream market, bulk shipment of cocoa beans has become more popular. This means cocoa beans are loaded directly into the ship’s cargo hold or in shipping containers containing a flexi-bag. This “mega-bulk” method is often adopted by larger cocoa processors, which handle cocoa beans of standard qualities.

In the fine flavour/specialty cocoa segment, jute bags are still commonly used. For very high-quality micro lots, vacuum-sealed GrainPro packaging can be used.

Figure 2: Examples of packaging for cocoa: jute bag, container-sized flexi bag and GrainPro

Sources: Osu.edu, Bls.bulk.com and GrainPro

2. What additional requirements do buyers often have?

Some buyers have requirements that go beyond existing legislation, in particular regarding food safety, environmental impact and social responsibility. Western and Northern European countries generally have stricter additional requirements than Southern and Eastern European countries.

Quality criteria

If you want to access the European market for cocoa beans, you will have to meet your buyer’s quality standards. These are particularly high within the specialty segment for fine flavour cocoa beans.

Buyers in Europe currently assess the quality and flavour of cocoa beans in different ways and often use a combination of two or more methodologies. The assessment of cocoa includes a sensory evaluation, chemical analysis and physical assessments. The guide Cocoa Beans: Chocolate & Cocoa Industry Quality Requirements provides recommendations on cocoa growing, post-harvest practices and quality evaluation methods that contribute to cocoa quality.

Other common cocoa quality assessment methodologies and international cocoa standards commonly used by chocolate makers and cocoa traders include the following:

• ISO’s Standards on classification and sampling for cocoa beans.
• The Fine Cacao and Chocolate Institute (FCCI): check their website and contact FCCI for their sampling protocol and grading form.
• Heirloom Cacao Preservation’s genetic evaluation of cocoa to identify and value cocoa and its flavour.
• Equal Exchange/TCHO’s quality assessment and tasting guide to assess the quality of cocoa along the value chain.

In addition, a workgroup of the Cocoa of Excellence Programme, which is coordinated by The Alliance of Bioversity International and CIAT, has launched the International Standards for the Assessment of Cocoa Quality and Flavour website. Here you can download the protocols on the quality standards.

These protocols describe step by step how to: 1) sample cocoa beans for evaluation; 2) assess their physical quality; 3) process them into coarse powder, liquor and chocolate; and 4) establish a sensory evaluation of the flavours expressed in these three products.

These international standards have been developed, as the lack of a harmonised cocoa quality standard has, among other things, created difficulties for suppliers in understanding how buyers assess and define quality and the diversity of flavour, which affects their ability to tackle issues in their supply chain that could contribute to quality improvement.

Food safety certification

As food safety is a top priority in all EU food sectors, you can expect many buyers to request extra guarantees from you, such as the implementation of product-specific quality standards and Quality Management Systems (QMS) regarding the production and handling processes. For cocoa beans, it is very important that producers follow good agricultural practices to ensure food safety. The main standards in this area are provided by GLOBALG.A.P. These are voluntary standards for the certification of agricultural production processes that provide safe and traceable products.

GLOBALG.A.P. has a special standard for fruit and vegetables, and products derived from them (including cocoa), which covers all stages of production from pre-harvest activities such as soil management and the application of plant protection products to post-harvest produce handling, packaging and storage. Note that certification organisations (such as Rainforest Alliance) often incorporate GAP in their standards.

Regarding the implementation of a QMS: a system based on Hazard Analysis and Critical Control Points (HACCP) might be a minimum standard required at the level of storage and handling of cocoa beans. If you export semi-finished cocoa products, some buyers will also expect you to have certificates such as International Featured Standards: Food (IFS), Food Safety System Certification (FSSC 22000) or British Retail Consortium Global Standards (BRCGS) for your manufacturing facilities.

European Green Deal

Apart from these corporate initiatives, there are also developments on a European level. The EU is implementing its so called European Green Deal (EGD), which has the aim to make Europe climate neutral by 2050. The EGD is a broad action plan; one of the cornerstones is the ‘From Farm to Fork’ strategy, which aims to create a healthier and more sustainable food system.

To achieve this, the European Commission presented its draft Corporate Sustainability Due Diligence regulation in February 2022. This regulation requires large companies in Europe to mitigate human rights and environmental impacts in their international supply chains. The industry members of the European Cocoa Association (ECA) and the European Chocolate, Biscuit and Confectionery Industry Association (CAOBISCO) support the EU-wide mandatory due diligence approach.

In November 2021, the European Union proposed a ban on the import of commodities that are associated with deforestation. European buyers of cocoa, coffee, soy, beef, palm oil and wood need to specify the origin of these products to national regulators to prove they are deforestation-free. Negotiations about the final law are expected at the end of 2022. This new regulation will put pressure on implementing traceability systems in international value chains. European buyers will forward some of the implications of these regulations onto cocoa suppliers and/or exporters.

Corporate Social Responsibility

European buyers are increasingly addressing social and environmental issues. These issues, both those specifically addressed by legislation as well as additional aspects, are covered in codes of conduct of importing companies and/or retailers. The following sustainability aspects are getting more attention on the European market for cocoa:

• Business ethics;
• Social responsibility, such as the welfare of farmers and processing facility workers and living income;
• Environmental responsibility, such as carbon neutrality, impact on local biodiversity and deforestation.

European buyers will expect you to comply with their code of conduct regarding Corporate Social Responsibility. This can be their own code of conduct or one based on external initiatives such as the Business Social Compliance Initiative (BSCI) or Sedex Members Ethical Trade Audit (SMETA). The adoption of these standards is most common among large-scale importers and retailers.

Some examples of these codes of conducts from retailers are:

• Coop (Switzerland): Action, not words – sustainability at Coop;
• Ahold Delhaize (Netherlands/Belgium): Sustainable Retailing;
• Carrefour (France): Corporate social responsibility.

Examples of corporate social responsibility strategies from importers, cocoa processors and chocolate manufacturers are:

• Nestlé: Nestlé Cocoa Plan;
• Mars: Sustainable in a Generation Plan;
• Ferrero: Corporate Social Responsibility;
• Mondelez: Cocoa Life;
• Cargill: Cocoa Promise;
• Barry Callebaut: Forever Chocolate;
• Lindt & Sprüngli: The Farming Program;
• Olam: Cocoa Compass.

Codes of conduct may also affect you as a supplier. Common requirements include signing a suppliers’ code of conduct in which you declare that you do your business in a responsible way, meaning that you and your suppliers respect local environmental and labour laws, are not involved in corruption and child labour, etc. These aspects are also investigated further in company audits carried out by your buyer or potential buyer.

Sustainability certification

Sustainability has social, environmental and economic aspects. Many European companies have formulated minimum sustainability requirements for their suppliers that address key issues such as child labour, healthy and safe working conditions, deforestation and pesticide use. However, European companies also adhere to sustainability certification schemes. This trend is largely driven by the commitment of major confectioners like Mars, Ferrero and Hershey’s, and leading retailers in Europe, like Lidl and Ahold Delhaize.

There are several sustainability certification schemes that focus on different aspects of sustainability. The popularity of each aspect may vary from one country or segment to another. Rainforest Alliance is the most widespread certification scheme for cocoa. Since the merger of Rainforest Alliance and UTZ, Rainforest Alliance offers full mutual recognition options for cocoa. This means that companies at the end of the supply chain can source UTZ and/or Rainforest Alliance-certified cocoa, but must use the Rainforest Alliance label on their products.

You can consult the guide for farmers on how to get Rainforest Alliance certified here. If you are an exporting company, refer to this guide on how to get chain of custody certification. In June 2020, the Rainforest Alliance published its new certification programme for farmers and companies. Note that Rainforest Alliance is continuously strengthening its cocoa certification programme; for instance, in 2021 it introduced Origin Matching Mass Balance requirements.

ISO 34101 is an international standard for sustainable and traceable cocoa. The standard was developed by actors in all areas of the cocoa sector, and addresses organisational, economic, social and environmental aspects of cocoa farming, as well as traceability requirements. In short, the ISO 34101 standard brings clarity to sustainability claims within the cocoa sector.

Table 2: Most important third-party certification standards requested by European cocoa buyers

Source: ProFound, 2021 (information retrieved from ITC Standards Map and specific standards’ websites)

Read more about Fairtrade and organic certification in the section below.

3. What are the requirements for niche markets?

If you want to enter a specific niche market, you should comply with specific niche requirements. These requirements differ per buyer. Meeting these additional requirements for value addition can increase your chances on the market considerably.

Organic certification

The popularity of organic-certified products is increasing rapidly in Europe. The popularity in specific countries follows the general market for organic products in Europe. Organic retail sales in Europe registered a growth rate of 15% in 2020, reaching almost €52 billion. The largest national markets for organic foods are Germany (22.3% of the European market in 2020 with organic retail sales of €15 billion), France (at €12.7 billion) and Italy (at €3.9 billion). The complete figures for organic food products are available in the FiBL and IFOAM report The World of Organic Agriculture 2022.

Organic cocoa is produced and processed through natural techniques such as crop rotation, biological crop protection, green manure and compost. On the one hand, implementing organic production and becoming certified can be expensive, especially for smallholder farmers, and the return on investment may not be high. On the other hand, it could increase yields and improve quality. Demand for fine flavour cocoa with organic certification is rapidly growing in Europe, making this an interesting niche market.

In order to market your cocoa as organic in the European market, it must comply with the regulations of the European Union for organic production and labelling. Obtaining the EU Organic label is the minimum legislative requirement for marketing organic cocoa in the EU. Before you can market your cocoa as organic, an accredited certifier must audit your growing and processing facilities. Refer to this list of recognised control bodies and control authorities issued by the EU to ensure that you always work with an accredited certifier.

The new organic regulation (2018/848) came into force on 1 January 2022, postponed by one year due to the COVID-19 pandemic. This means that producers in third-world countries must comply with the same set of rules as those producing in the EU. Also, inspections of organic production and organic products have become stricter to prevent fraud. To become organic certified, you can expect a yearly inspection and audit, which aims to ensure that you comply with the rules on organic production.

In order to export your organic produce, it is key to have your Certificates of Inspection (COIs) issued by control authorities prior to the departure of a shipment (Article 13(2) EU 2020/25). If this is not done, your product cannot be sold as organic in the EU and will be sold as a conventional product. COIs can be completed by using the European Commission’s electronic Trade Control and Expert System (TRACES).

If you want to export to countries outside of the European Union (EU), check the required legislations for those countries. For instance, Switzerland has its own Swiss Organic Law, and the Organic Products Regulations 2009 apply in the United Kingdom. Note that countries outside of the EU require a specific COI, such as the GB COI.

In addition to the EU organic logo, most European countries also have their own voluntary organic standards and labels. Examples are Bio-Siegel (Germany), AB mark (France) and the Ø logo (Denmark). Some countries also have private standards or labels, such as Naturland (Germany), Soil Association (United Kingdom), Bio Suisse (Switzerland), KRAV (Sweden) and Demeter (specific to biodynamic farming; the standard is not country-specific).

When exporting organic cocoa, make sure you label your cocoa batches with the name of the control body and the certification number. Labels of cocoa beans should be written in English.

Fair trade certification

Fair trade standards address your business’ social performance along the supply chain. Certification by an independent third party will allow you to place a fair trade logo on your product. In general, prices for fair trade products consist of a minimum price plus a premium.

The most common fair trade standard in Europe is Fairtrade International. The accredited certifier for Fairtrade is FLOCERT. You are only allowed to put the Fairtrade logo on your product after accreditation. Refer to this full guidance to learn more about how to become a Fairtrade producer. Access the Fairtrade standard for cocoa for small-scale producer organisations here.

Note that Fairtrade revised its standard for cocoa for small-scale producer organisations and traders in 2022. The revised Fairtrade standard has two clarified requirements to become Fairtrade-certified: one is specifically for producer organisations, the other for traders. Cocoa cooperatives and traders must have commitments in place for new Fairtrade sales volumes, which must be confirmed by the end buyer and validated by the respective national Fairtrade organisation.

Products that carry the Fairtrade label indicate that producers are paid a Fairtrade Minimum Price. The current minimum prices and premiums for cocoa, whether organic-certified or conventional, can be found in the Fairtrade Minimum Price and Fairtrade Premium Table.

Other fair trade standards used on the European market are Naturland Fair, the Small Producers' Symbol (SPP) and Fair for Life (certified by Ecocert). Fair for Life recognises ingredients certified according to other certification schemes/standards, which Rainforest Alliance and Fairtrade do not. There is also a label by the World Fair Trade Organization (WFTO) which recognises entire organisations that fully comply with fair trade practices.

This study was carried out on behalf of CBI by ProFound – Advisers In Development.

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