1990R2921 — EN — 19.12.2003 — 019.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2921/90
of10October1990
onaidfortheproductionofcaseinandcaseinatesfromskimmedmilk
(OJ L 279, 11.10.1990, p. 22)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1768/91 of 21 June 1991 L 158 49 22.6.1991
►M2Commission Regulation (EEC) No 1939/92 of 14 July 1992 L 196 17 15.7.1992
►M3Commission Regulation (EEC) No 140/93 of 27 January 1993 L 19 15 28.1.1993
►M4Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2.7.1993
►M5Commission Regulation (EC) No 1368/95 of 16 June 1995 L 133 4 17.6.1995
►
M18CommissionRegulation(EC)No2208/2003of17December2003L3301918.12.2003►M6CommissionRegulation(EC)No2547/95of30October1995L2604731.10.1995
►M7CommissionRegulation(EC)No257/1999of3February1999L30194.2.1999
►M8CommissionRegulation(EC)No2501/1999of26November1999L3041327.11.1999
►M9CommissionRegulation(EC)No2654/1999of16December1999L3251017.12.1999
►M10Commissio nRegulatio n(EC)No1236/2000of14Jun e2000L14 1715.6.2000
►M11Commissio nRegulatio n(EC)No2295/2000of16Octobe r2000L26 21617.10.2000
►M12Commissio nRegulatio n(EC)No502/2001of14March2001L731515.3.2001
►M13Commissio nRegulatio n(EC)No1335/2001of2July2001L18 0203.7.2001
►M14Commissio nRegulatio n(EC)No2348/2001of30Novembe r2001L31 5411.12.2001
►M15Commissio nRegulatio n(EC)No1056/2002of18Jun e2002L16 1319.6.2002
►M16Commissio nRegulatio n(EC)No1471/2002of13Augus t2002L21 9314.8.2002
►M17CommissionRegulation(EC)No785/2003of8May2003L115159.5.2003
Corrected by:
►C1Corrigendum, OJ L 64, 8.3.1994, p. 31 (2921/90)
►C2Corrigendum, OJ L 66, 10.3.1994, p. 34 (2921/90)
►C3Corrigendum, OJ L 40, 13.2.1999, p. 52 (257/1999)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and
Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No2921/90
of10October 1990
on aid for the production of casein and caseinates from skimmed
milk
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June
1968 on the common organization of the market in milk and milkproducts (
1), as last amended by Regulation (EEC) No 3879/89 (2), and
in particular Articles 11 (3) and 28 thereof,
Whereas Council Regulation (EEC) No 987/68 (3), as last amended by
Regulation (EEC) No 1435/90 (4), lays down general rules on aid for
the processing of skimmed milk into casein and caseinates; whereas
detailed provisions for the application of these rules were adopted inCommission Regulation (EEC) No 756/70 (
5), as last amended by
Regulation (EEC) No 2832/90 (6);
Whereas Regulation (EEC) No 756/70 contains a number of provisionson final use verification of casein and caseinates in connection with the
application of Article 2 (4) of Regulation (EEC) No 987/68; whereas
pursuant to Article 6 of Council Regulation (EEC) No 2204/90 (
7) the
latter provision will no longer be applicable from 15 October 1990;whereas the relevant provisions of Regulation (EEC) No 756/70 shouldtherefore be repealed with effect from that date;
Whereas experience indicates that provisions on surveillance, in parti-
cular with regard to the frequency and type of inspection to be carriedout on the spot and on the penalties for non-compliance with the condi-tions laid down for the granting of aid, should be specified; whereas in
view of the abovementioned changes to be made in the aid arrange-
ments the detailed rules of application should be regrouped in a newRegulation and Regulation (EEC) No 756/70 repealed;
Whereas the Management Committee for Milk and Milk Products has
not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Aid shall be granted to producers of casein and caseinates only ifthese products
— have been produced from skimmed milk of Community origin or
raw casein extracted from milk of Community origin,
— meet the composition requirements of Annex I, II or III,
— are packaged as stipulated in Article 3.
2. Aid shall be paid on the basis of a written application submitted
by the casein or caseinate producer to the competent authority in theMember State where the caseins or caseinates were produced, stating:
(i) the producer's name and address,
(ii) the quantity of casein or caseinates covered by the application and
its quality,1990R2921 — EN — 19.12.2003 — 019.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 378, 27. 12. 1989, p. 1.
(3) OJ No L 169, 18. 7. 1968, p. 6.
(4) OJ No L 138, 31. 5. 1990, p. 8.
(5) OJ No L 91, 25. 4. 1970, p. 28.
(6) OJ No L 268, 29. 9. 1990, p. 85.
(7) OJ No L 201, 31. 7. 1990, p. 7.▼M9
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(iii) the relevant production batch numbers.
3. For the purposes of this Regulation a production batch must
consist of products of identical quality made on the same day.
However, where the total production of casein and caseinates of theestablishment concerned during the previous calendar year did notexceed 1 000 tonnes, the production batch may consist of productsmade during the same calendar week.
4. For the purposes of this Regulation:
(a) ‘skimmed milk’ means the milk of one or more cows or goats to
which nothing has been added and which has been only partially
skimmed so as to reduce its fat content to no more than 0,10 %;
(b) ‘raw casein’ means products, insoluble in water, obtained from
skimmed milk by precipitation through microbial acidification orthe addition of acids, rennet or other milk-coagulating enzymes,
regardless of any prior use of ion exchange or concentration
processes;
(c) ‘casein’ means washed and dried products, insoluble in water and
obtained from raw casein or skimmed milk by precipitation throughmicrobial acidification or the addition of acids, rennet or othermilk-coagulating enzymes, regardless of any prior use of ionexchange or concentration processes;
(d) ‘caseinates’ means products obtained by drying casein or raw
casein treated with neutralising agents.
Article 2
1. The aid per 100 kilograms of skimmed milk processed into caseinorcaseinatesasreferredtoinparagraph2shallbe►
M18EUR6,30◄.
2. For calculation of the aid it shall be considered that:
(a) one kilogram of acid casein as defined in Annex I was produced
from 32,17 kilograms of skimmed milk;
(b) one kilogram of:
— caseinate as defined in Annex I
or
— rennet-casein as defined in Annex I
or
— acid casein as defined in Annex II
was produced from 33,97 kilograms of skimmed milk;
(c) one kilogram of:
— rennet-casein as defined in Annex II
or
— caseinate as defined in Annex II
was produced from 35,77 kilograms of skimmed milk;
►M5(d)◄one kilogram of caseinate as defined in Annex III was
produced from 28,57 kilograms of skimmed milk.
3. Aid shall be granted at the rate applicable on the day of produc-
tion of the casein or caseinates.1990R2921 — EN — 19.12.2003 — 019.001 — 3
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Article 3
Containers and packages of caseins and caseinates must show:
(a) the description of the product and either the minimum or maximum
or the actual percentage content of components indicated in
Annexes I, II and III. ►M5The description to be shown on
products as referred to in Annex III shall be as follows:
‘Caseinates containing more than 5 % but not more than 17 %,
calculated on the total milk protein content, of simultaneouslyprecipitated milk protein other than casein’; ◄
(b) the words ‘Regulation (EEC) No 2921/90’;
(c) the production batch number.
Article 4
1. Producers may not receive the aid unless they:
(a) keepmonthly abstracts of the quantities of milk and milk p roducts,
including casein and caseinates, delivered, produced, used and
disposed of;
(b) submit to surveillance by the competent authority.
2. Monthly abstracts referred to in paragraph 1 (a) shall cover at
least the following:
(a) entries of milk and cream;
(b) purchases of raw casein;
(c) purchases of casein and caseinates;
(d) quantities of casein and caseinates produced, identified by produc-
tion batch number, with date of production;
(e) quantities of other milk products produced;
(f) quantities of casein and caseinates sold, with date of sale and name
and address of the recipient;
(g) losses, samples and quantities returned and replaced of milk, milk
products, casein and caseinates.
The abstracts shall be supported in particular by delivery notes,
invoices and the undertaking's records.
Article 5
1. To ensure that the provisions of this Regulation are complied with
Member States shall carry out unannounced on-the-spot inspections to
be decided on the basis of the establishment's production schedule. Atleast one inspection per period of seven production days shall be made.
The inspections shall involve the taking of samples from each produc-
tion batch and shall cover the conditions of production, quantity andcomposition of the casein and caseinates produced.
2. The inspection referred to in paragraph 1 shall be supplemented,
at intervals depending on the quantity of casein and caseinates
produced, by thorough scrutiny and sampling in order to reconcile theinformation given in the aid application and the monthly abstractreferred to in Article 4 with relevant commercial documents andproduct stocks actually held.
These further checks must cover at least 25 % of the total quantity
covered by aid applications and each establishment must be checkedat least once every six months.
3. Should
(a) significant irregularities affecting 5 % or more of the aid operations
checked,1990R2921 — EN — 19.12.2003 — 019.001 — 4
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(b) significant discrepancies by comparison with the recipient's
previous operations
be discovered, the Member State shall intensify the inspection opera-
tions provided for in paragraph 2 and immediately inform the
Commission.
4. Member States shall recover sums wrongly paid out, plus interest.
The interest rates to be applied shall be those fixed pursuant to Article3 or 4 of Commission Regulation (EEC) No 411/88 (
1) and shall be
calculated from the date of payment of the aid.
5. Except in cases of force majeure , if a check reveals that the aid
applied for or paid is higher than that actually due under the provisions
of this Regulation:
— it shall be reduced by 15 % if the difference is less than 8 % and by
50 % if the difference is between 8 % and 20 %. If it has already
been paid, 15 % or 50 % of the amount, as appropriate, must be
repaid,
— no aid shall be granted, or all aid shall be repaid, if the difference is
more than 20 %.
6. If the check shows that the difference referred to in paragraph 5
stems from an error in the application made either deliberately or bygross negligence, the applicant shall be debarred from aid for sixmonths from the date of notification of such exclusion.
Article 6
Regulation (EEC) No 756/70 is hereby repealed.Securities lodged under the second indent of the first subparagraph of
Article 4 (1) (b) of that Regulation shall be released as soon as the
Member State has introduced the control arrangements specified inArticle 3 of Regulation (EEC) No 2204/90 and issued the authoriza-tions specified in Article 1 of Commission Regulation (EEC) No2742/90 (
2) and for those quantities which, on 14 October 1990, have
not yet reached the destinations specified in the second and third
indents of the first paragraph of Article 1 of Regulation (EEC) No756/70.►
M1 ◄
Where the destinations referred to in the second paragraph have been
reached by 14 October 1990, those concerned shall obtain release of
the guarantees by submitting to the competent authority an application
accompanied by the following supporting documents which must showthe exact quantities of casein and caseinates involved and give the rele-vant production batch numbers:
— for exports: proof that the casein or caseinates concerned have left
the customs territory of the Community,
— for deliveries to an establishment bound by the undertaking referred
to in Article 4 (5) of Regulation (EEC) No 756/70: copy of theshipping document and/or delivery note and a copy of the invoice.
The competent authority shall only accept the application referred to in
the third paragraph on condition that it includes a commitment by theperson concerned to pay to the competent authority a sum equal to the
securities released if it is discovered, during any control that the public
authorities may carry out during the 12 months following the date ofsignature of the commitment, that the caseins or caseinates concernedhad a destination other than that indicated in the supporting documentssubmitted in accordance with the third paragraph.
To facilitate administration of the release of guarantees, Member States
shall, where required, assist in identifying the establishments bound by
the commitment referred to in Article 4 (5) of Regulation (EEC) No756/70 located on their territory.1990R2921 — EN — 19.12.2003 — 019.001 — 5
(1) OJ No L 40, 13. 2. 1988, p. 25.
(2) OJ No L 264, 27. 9. 1990, p. 20.▼M1
▼M2
At the request of the parties concerned the time limits of 12 months
and three years specified in Article 28 of Regulation (EEC) No 2220/85 may be raised to 18 months and 42 months respectively.
Article 7
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
It shall apply to casein and caseinates produced from 15 October 1990,
subject to the provisions of Article 6.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1990R2921 — EN — 19.12.2003 — 019.001 — 6
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ANNEX I
Compositionrequirements
Caseins and caseinates indicated below shall have a milk protein content other
than casein not exceeding 5 % of total milk protein content
I.Acidcasein
1. Maximum moisture content 12,00 %
2. Maximum fat content 1,75 %
3. Free acids, expressed as lactic
acid (maximum)0,30 %
II.Rennet-casein
1. Maximum moisture content 12,00 %2. Maximum fat content 1,00 %
3. Minimum ash content 7,50 %
III.Caseinates
1. Maximum moisture content 6,00 %
2. Minimum content in milk
protein substances88,00 %
3. Maximum fat and ash content 6,00 %1990R2921 — EN — 19.12.2003 — 019.001 — 7
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ANNEX II
Compositionrequirements
Casein and caseinates indicated below shall have a milk protein content other
than casein not exceeding 5 % of total milk protein content.
Acid
caseinRennet-
casein
I.Caseins
1. Maximum moisture content 10,00 % 8,00 %2. Maximum fat content 1,50 % 1,00 %
3. Free acids expressed as lactic acids —
maximum0,20 % —
4. Minimum ash content — 7,50 %
5. Total bacterial count (maximum in 1 g) 30000 300006. Coliforms (in 0,1 g) absence absence
7. Thermophilic bacterial count (maximum
in 1 g)5 000 5 000
II.Caseinates
1. Maximum moisture content 6,00 %
2. Minimum content in milk protein
substances88,00 %
3. Maximum fat and ash content 6,00 %
4. Total bacterial count (maximum in 1 g) 30000
5. Coliforms (in 0,1 g) absence
6. Thermophilic bacterial count (maximum
in 1 g)5 0001990R2921 — EN — 19.12.2003 — 019.001 — 8
▼M5
ANNEX III
COMPOSITIONREQUIREMENTS
Caseinates with a milk protein content not including casein of not more
than17%oftotalmilkproteincontent
1. Maximum moisture content 6,00 %
2. Minimum total milk protein content 85,00 %
3. Maximum fat content 1,50 %4. Maximum lactose content 1,00 %
5. Maximum ash content 6,50 %
6. Total bacterial count (maximum in 1 g) 300007. Coliforms (in 0,1 g) None
8. Thermophilic bacterial count (maximum in 1 g) 5 0001990R2921 — EN — 19.12.2003 — 019.001 — 9
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ANNEX IV
CONTROL
(a)Methodofanalysis
For the purpose of applying this Regulation, the reference methods set out
in the first Commission Directive 85/503/EEC of 25 October 1985 on
methods of analysis for edible caseins and caseinates as listed below are
binding:
1. determination of moisture content (expressed as water),
2. determination of protein content (proteins),
3. determination of titratable acidity (free acidity),4. determination of ash (including P
2O5).
(b)Definitions
1. Fat content
‘Fat content’ means the quantity of total substance obtained by the
Schmid-Bondzjnski-Ratzlaff method or the Röse-Gottlieb method,
expressed as a percentage weight.
2. Milk protein content other than casein
‘Milk protein content other than casein’ means the content determined by
measuring the -SH and -S-S- groups linked with proteins, the reference
values being 0,25 % and 3 % respectively for pure casein and whey
protein.
3. Lactose content
‘Lactose content’ means the content determined by colour reaction with a
solution of sulphuric phenol after breakdown of the product in a medium
of sodium bicarbonate and after separation of the whey by precipitation
of the protein in an acid medium.
4. Total bacterial count
‘Total bacterial count’ means the content determined by counting the
colonies developed on a culture medium after incubation for 72 hours at
a temperature of 30 ºC.
5. Coliforms
‘Absence of coliforms’ in 0,1 grams of the product means the negative
reaction obtained on a culture medium after incubation for 24 hours at a
temperature of 30 ºC.
6. Thermophilic bacterial count
‘Thermophilic bacterial count’ means the content determined by counting
the colonies developed on a culture medium after incubation for 48 hours
at a temperature of 55 ºC.
(c)Sampling
Samples shall be taken in accordance with the procedure laid down in Inter-
national Standard ISO 707; however, Member States may use another
method of sampling provided that it complies with the principles of the
abovementioned standard.1990R2921 — EN — 19.12.2003 — 019.001 — 10