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"B COMMISSION REGULATION (EEC) No 2921/90
of 10 October 1990
on aid for the production of casein and caseinates from skimmed milk
(OJ L 279, 11.10.1990, p. 22)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 1768/91 of 21 June 1991 L 158 49 22.6.1991
"M2 Commission Regulation (EEC) No 1939/92 of 14 July 1992 L 196 17 15.7.1992
Corrected by:
"C1 Corrigendum, OJ L 64, 8.3.1994, p. 31 (2921/90)
"C2 Corrigendum, OJ L 66, 10.3.1994, p. 34 (2921/90)1990R2921 — EN — 01.10.1991 — 002.001 — 1
COMMISSION REGULATION (EEC) No 2921/90
of 10 October 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 milk products (
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 detailedprovisions for the application of these rules were adopted in Commission
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 provisions on
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be applicable from 15 October 1990; whereas the relevantprovisions of Regulation (EEC) No 756/70 should therefore be repealed with
effect from that date;
Whereas experience indicates that provisions on surveillance, in particular
with regard to the frequency and type of inspection to be carried out on thespot and on the penalties for non-compliance with the conditions laid down
for the granting of aid, should be specified; whereas in view of the
abovementioned changes to be made in the aid arrangements the detailedrules of application should be regrouped in a new Regulation and Regulation(EEC) No 756/70 repealed;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 if these
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 to the competent
authority stating:
(i) the producer’ s name and address,(ii) the quantity of casein or caseinates covered by the application and its
quality,
(iii) the relevant production batch numbers.!B
(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. 7.1990R2921 — EN — 01.10.1991 — 002.001 — 2
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 totalproduction of casein and caseinates of the establishment concerned during theprevious calendar year did not exceed 1 000 tonnes, the production batch may
consist of products made during the same calendar week.
Article 2
1. The aid per 100 kilograms of skimmed milk processed into casein or
caseinates as indicated in paragraph 2 shall be ECU 7,94.
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 IIwas 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 IIwas produced from 35,77 kilograms of skimmed milk;
(d) one kilogram of casein as defined in Annex III was produced from 24,97
kilograms of skimmed milk;
(e) 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 production of the
casein or caseinates.
4. The aid shall be converted into national currency using the representative
rate applicable on the day of production of the casein or caseinates.
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. The description to be shown for products referred to in Annex III is
the following, as appropriate:‘Casein/caseinates containing more than 5 %but not more than 17 %, calculated on the
"C2total milk protein 3
content, of simultaneously precipitated 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) keep monthly abstracts of the quantities of milk and milk products,
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;!B1990R2921 — EN — 01.10.1991 — 002.001 — 3
(b) purchases of raw casein;
(c) purchases of casein and caseinates;(d) quantities of casein and caseinates produced, identified by production
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. At least oneinspection per period of seven production days shall be made.
The inspections shall involve the taking of samples from each production
batch and shall cover the conditions of production, quantity and compositionof 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, bythorough scrutiny and sampling in order to reconcile the information given inthe aid application and the monthly abstract referred to in Article 4 with
relevant commercial documents and product stocks actually held.
These further checks must cover at least 25 % of the total quantity covered by
aid applications and each establishment must be checked at least once every
six months.
3. Should
(a) significant irregularities affecting 5 % or more of the aid operations
checked,
(b) significant discrepancies by comparison with the recipient’s previous
operations
be discovered, the Member State shall intensify the inspection operations
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 Article 3 or 4 ofCommission 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 by grossnegligence, the applicant shall be debarred from aid for six months from thedate of notification of such exclusion.
Article 6
Regulation (EEC) No 756/70 is hereby repealed.!B
(1) OJ No L 40, 13. 2. 1988, p. 25.1990R2921 — EN — 01.10.1991 — 002.001 — 4
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 hasintroduced the control arrangements specified in Article 3 of Regulation(EEC) No 2204/90 and issued the authorizations specified in Article 1 of
Commission Regulation (EEC) No 2742/90 (
1) and for those quantities which,
on 14 October 1990, have not yet reached the destinations specified in thesecond and third indents of the first paragraph of Article 1 of Regulation(EEC) No 756/70.
"M1 3
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 thefollowing supporting documents which must show the exact quantities ofcasein and caseinates involved and give the relevant 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 the shipping
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 the personconcerned 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 of signature of thecommitment, that the caseins or caseinates concerned had a destination otherthan that indicated in the supporting documents submitted 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) No 756/70located on their territory.
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 the
Official 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.!B
(1) OJ No L 264, 27. 9. 1990, p. 20.!M1
!M2
!B
!M1
!B1990R2921 — EN — 01.10.1991 — 002.001 — 5
ANNEX I
Composition requirements
Caseins and caseinates indicated below shall have a milk protein content other than
casein not exceeding 5 % of total milk protein content
I.Acid casein
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 substances 88,00 %3. Maximum fat and ash content 6,00 %!
B1990R2921 — EN — 01.10.1991 — 002.001 — 6
ANNEX II
Composition requirements
Casein and caseinates indicated below shall have a milk protein content other than
casein not exceeding 5 % of total milk protein content.
Acid casein Rennet-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) 30 000 30 0006. Coliforms (in 0,1 g) absence absence7. Thermophilic bacterial count (maxi-
mum 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) 30 0005. Coliforms (in 0,1 g) absence6. Thermophilic bacterial count (maxi-
mum in 1 g)5 000!
B1990R2921 — EN — 01.10.1991 — 002.001 — 7
ANNEX III
Composition requirements
Casein and caseinates with a milk protein content other than casein not exceeding 17 %
of total milk protein content
I. Caseins
1. Maximum moisture content 8,00 %2. Maximum fat content 1,50 %3. Free acids, expressed as lactic acid — maximum 0,20 %4. Maximum lactose content 1,00 %5. Maximum ash content 10,00 %6. Total bacterial count (maximum in 1 g) 30 0007. Coliforms (in 0,1 g) None8. Thermopilic bacterial count (maximum in 1 g) 5 000
II. Caseinates
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) 30 0007. Coliforms (in 0,1 g) None8. Thermophilic bacterial count (maximum in 1 g) 5 000!
B1990R2921 — EN — 01.10.1991 — 002.001 — 8
ANNEX IV
CONTROL
(a) Method of analysis
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 ofanalysis 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, thereference values being 0,25 % and 3 % respectively for pure casein andwhey 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 amedium 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 ata temperature of 30 °C.
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 atemperature of 30 °C.
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 °C.
(c) Sampling
Samples shall be taken in accordance with the procedure laid down in
International Standard ISO 707; however, Member States may use anothermethod of sampling provided that it complies with the principles of theabovementioned standard.!
B1990R2921 — EN — 01.10.1991 — 002.001 — 9