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"B COMMISSION REGULATION (EC) No 2771/1999
of 16 December 1999
laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards
intervention on the market in butter and cream
(OJ L 333, 24.12.1999, p. 11)
Corrected by:
"C1 Corrigendum, OJ L 43, 14.2.2001, p. 40 (2771/1999)1999R2771 — EN — 01.01.2000 — 000.002 — 1
COMMISSION REGULATION (EC) No 2771/1999
of 16 December 1999
laying down detailed rules for the application of Council Regulation
(EC) No 1255/1999 as regards intervention on the market in butter
and cream
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in milk and milk
products (1), and in particular Articles 10 and 40 thereof,
Whereas:(1) Regulation EC) No 1255/1999 replaced Council Regulation
(EEC) No 804/68 (
2), as last amended by Regulation (EC) No
1587/96 (3), and also inter alia , Council Regulation (EEC) No
777/87 (4), as last amended by Regulation (EEC) No 1634/91 (5),
concerning the intervention arrangements for butter and skimmed-
milk powder. In view of those new arrangements and in the light of
the experience gained, it is appropriate to amend and, where
necessary simplify the detailed rules governing intervention on the
market in butter and cream. In the interests of clarity, therefore,
the recasting of the specific Regulations governing the various
aspects of intervention, namely Commission Regulations (EEC)
No 2315/76 (6), as last amended by Regulation (EC) No
1824/97 (7), (EEC) No 1547/87 (8), as last amended by Regulation
(EC) No 1802/95 (9), (EEC) No 1589/87 (10), as last amended by
Regulation (EC) No 124/1999 (11), and (EC) No 454/95 (12), as
last amended by Regulation (EC) No 390/1999 (13), should be
undertaken.
(2) Article 6(1) of Regulation (EC) No 1255/1999 lays down criteria
under which the intervention agencies buy in butter through
invitation to tender and under which buying-in is to be suspended.
It is necessary, firstly, to specify the cases in which buying-in is to
be opened or suspended in the Member State concerned and,
secondly, to fix the representative period during which the level of
market prices for butter in relation to the intervention price must
be recorded. To that end, the ‘market price for butter’ should be
defined and arrangements set up for recording those prices at
national level. For practical reasons, the Belgo-Luxembourg
Economic Union should be considered a single Member State.
(3) The intervention agencies may only buy in butter which meets the
requirements laid down in Article 6 of Regulation (EC) No
1255/1999 as well as the conditions of quality and presentation,
which need to be defined. The methods of analysis and detailed
rules governing quality control should also be specified and, if the
situation so requires, provision should be made for checks of the
radioactivity in butter, the maximum levels of which need to be
established, where appropriate, by Community legislation. How-!B
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 148, 28.6.1968, p. 13.
(3) OJ L 206, 16.8.1996, p. 21.
(4) OJ L 78, 20.3.1987, p. 10.
(5) OJ L 150, 15.6.1991, p. 26.
(6) OJ L 261, 25.9.1976, p. 12.
(7) OJ L 260, 23.9.1997, p. 8.
(8) OJ L 144, 4.6.1987, p. 12.
(9) OJ L 174, 26.7.1995, p. 27.
(10) OJ L 146, 6.6.1987, p. 27.
(11) OJ L 16, 21.1.1999, p. 19.
(12) OJ L 46, 1.3.1995, p. 1.
(13) OJ L 48, 24.2.1999, p. 3.1999R2771 — EN — 01.01.2000 — 000.002 — 2
ever, it should be possible for Member States to authorise a system
of self checking, subject to certain conditions. For practical
reasons, the period during which butter offered for intervention is
produced should be extensible when the interval between two
invitations to tender is longer than 21 days.
(4) To ensure that the intervention arrangements function smoothly, it
is necessary to specify the conditions for the approval of
manufacturing undertakings and verification of compliance
therewith. To ensure that the arrangements are effective, provision
should be made for action to be taken if these conditions are not
complied with. Since butter may be bought in by an intervention
agency belonging to a Member State other than that on whose
territory it was produced, the intervention agency which does the
buying-in should in such cases be able to verify that the conditions
relating to quality and presentation are complied with.
(5) Regulation (EC) No 1255/1999 stipulates that buying-in is to be
carried out by tendering procedure. To ensure that all interested
parties in the Community are treated equally, invitations to tender
should be advertised in the Official Journal of the European
Communities . The details of the tender, particularly the minimum
quantity, deadlines for submission and the maximum buying-in
price should be defined. To ensure compliance with the
requirements as to the quality and presentation of the butter at
the time when the tender is submitted, and after its entry into
storage, tenderers should be required to submit a written
undertaking to that effect together with their tender. Tenders
should also be accompanied by a security, in order to guarantee
that the tender will be maintained after the closing date for
submission of tenders and that the butter will be delivered within
time limits to be laid down.
(6) It should be possible to guarantee the quality of the butter, and the
terms of buying-in by means of checks at different stages during
storage. Failure to comply with the requirements should not
impose an additional burden on the Community budget. Provision
should therefore be made for sub-standard butter to be taken back
by the operator, who should be obliged to bear the storage costs
incurred.
(7) The Member States’ obligations should be specified with a view
to the proper management of stocks in storage, by stipulating a
maximum distance for the place of storage and the costs to be
borne when that distance is exceeded, and requiring, in particular,
that stocks be accessible, that batches be identified and that butter
in storage be insured against risks. In order to ensure a uniform
frequency and level of checks, it is necessary to specify the nature
and number of inspections of storage premises to be performed by
the national authorities.
(8) Proper management of intervention stock requires the butter to be
resold as soon as outlets become available. To ensure equal access
to butter for sale, all interested parties should be able to buy. In
order not to destabilise the market, the selling price should be
fixed having regard to the market situation. Conditions for sale,
entailing the lodging of a performance bond should be laid down,
particularly as regards the taking-over of the butter and the time
limits for payment. In order to monitor the situation of stocks,
Member States should inform the Commission of the quantities of
butter sold.
(9) Article 6(3) of Regulation (EC) No 1255/1999 provides for aid to
be granted for the private storage of butter and cream. To ensure
that the arrangements can be monitored properly, provision should
be made for a contract and a set of specifications regarding
storage conditions. For the same reason, detailed rules should also
be laid down regarding documentation, accounting and the
frequency of checks and inspection procedures, particularly in
respect of the requirements laid down in Article 6(3). To facilitate
checks on the presence of products stored under private storage!B1999R2771 — EN — 01.01.2000 — 000.002 — 3
contracts, there should be provision for them to be removed from
storage in lots unless the Member State authorises removal of a
smaller quantity.
(10) To ensure that the private storage scheme is properly managed, it
is appropriate to fix annually, on the basis of the storage period,
the amount of the aid, the dates of entry into storage and the dates
on which storers may remove from storage all or part of the
quantities comprised in the contracts. Such dates, storage periods
and aid amounts may be changed to take account of the market
situation.
(11) In the case of aid for cream, in order to take account of the value
of the product and for practical reasons, the amount of aid should
be fixed in butter equivalent and according to fat content. It is also
justified to require that fat content be checked systematically. To
that end, storers should be required to undertake to comply with a
minimum fat content, fixed in advance, for the entire storage
period. Experience has shown that in some cases it is desirable to
ease the administrative burden by providing for checks by
sampling. However, since it is impossible to verify exactly the
fat content of cream after freezing, where the abovementioned
undertaking is not complied with no aid should be paid for any of
the lots placed in storage after the most recent satisfactory check.
(12) The third subparagraph of Article 6(3) of Regulation (EC) No
1255/1999 provides that the amount of the aid may be increased if
changes on the market so warrants. The conditions determining
this adjustment, and its scope, should therefore be defined.
(13) Since Regulation (EC) No 1255/1999 fixes the intervention price
from 1 July 2000, in the interests of clarity the intervention price
applicable from the date of entry into force of this Regulation until
30 June 2000 should be specified.
(14) The measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for milk and milk
products,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Scope
Article 1
1. This Regulation lays down the detailed rules for applying inter-
vention measures in the milk and milk products sector as provided for in
Article 6 of Regulation (EC) No 1255/1999.
2. For the purposes of this Regulation, the Belgo-Luxembourg
Economic Union shall be considered a single Member State.!B1999R2771 — EN — 01.01.2000 — 000.002 — 4
CHAPTER II
Public storage
SECTION 1
Conditions for buying in butter
Article 2
1. Once it is observed in a Member State that, for two weeks in
succession, the market price is lower than 92 % of the intervention price,
the Commission shall commence buying in under a tendering procedure,
as provided for in Article 6(1) of Regulation (EC) No 1255/1999 in the
Member State concerned, in accordance with the procedure laid down in
Article 42 of that Regulation.
2. Once it is observed in a Member State that, for two weeks in
succession, the market price is equal to or higher than 92 % of the
intervention price, the Commission shall suspend buying in under a
tendering procedure, as provided for in Article 6(1) of Regulation (EC)
No 1255/1999 in the Member State concerned, in accordance with the
procedure laid down in Article 42 of that Regulation.
Article 3
The intervention agencies shall buy in only butter which meets the
provisions contained in the first subparagraph of Article 6(2) of
Regulation (EC) No 1255/1999 and in Article 4 of this Regulation.
Article 4
1. The competent authorities shall check the quality of butter using the
analytical methods set out in Annexes I, II and III and on the basis of
samples taken in accordance with the rules set out in Annex IV . However,
Member States may, if the Commission agrees, set up a system of self
checking under their own supervision in respect of certain quality
requirements and in the case of certain approved undertakings.
2. Levels of radioactivity in the butter may not exceed the maximum
levels permitted, where applicable, under Community rules.
The level of radioactive contamination of the product shall be monitored
only if the situation so requires, and during the requisite period. Where
necessary, the duration and scope of checks shall be determined in
accordance with the procedure laid down in Article 42 of Regulation
(EC) No 1255/1999.
3. The butter shall have been made during the 23 days preceding the
closing date for submission of tenders as referred to in Article 10. Where
the interval between two consecutive invitations to tender is longer than
21 days, the butter may have been made during that period.
4. The minimum quantity of butter offered shall be 10 tonnes. Member
States may require butter to be offered by the full tonne only.
5. The butter shall be packaged and delivered in blocks of at least 25
kilograms net.
6. The butter shall be packed in new, strong material in such a way as to
ensure it is protected throughout transportation, storage and removal
from storage. The packaging shall show at least the following particulars,
where appropriate in code:
(a) the approval number identifying the factory and the Member State of
production;
(b) the date of production;(c) the date of entry into storage;!B1999R2771 — EN — 01.01.2000 — 000.002 — 5
(d) the production batch number and the package number; the package
number may be replaced by a pallet number marked on the pallet;
(e) the words ‘sweet cream’ if the aqueous phase of the butter has the
corresponding pH;
(f) the national quality class referred to in Annex V , where this is
required by the Member State of production.
Member States may waive the obligation to show the date of entry into
storage on the packaging, provided that the store manager undertakes to
keep a register in which the particulars referred to in the second
subparagraph are recorded on the date of entry into storage.
Article 5
1. Undertakings as referred to in Article 6(2) of Regulation (EC) No
1255/1999 shall be approved only if they:
(a) are approved in accordance with Article 10 of Council Directive
92/46/EEC (1), and have the appropriate technical equipment;
(b) undertake to keep permanent records in the form determined by the
competent agency of each Member State, listing the origin of the raw
materials, the quantities of butter obtained and the packaging,
identification and exit date of each production batch intended for
public intervention;
(c) agree to submit their production of butter to a specific official
inspection and, where applicable, to meet the requirements for the
national quality class referred to in Annex V;
(d) undertake to inform the competent agency responsible for inspec-
tion, at least two working days in advance, of their intention to
produce butter for public intervention. However, the Member State
may set a shorter time limit.
2. To ensure compliance with this Regulation, the competent agencies
shall carry out unannounced on-the-spot inspections, on the basis of the
intervention butter production schedule of the undertakings concerned.
They shall carry out at least:(a) one inspection per period of 28 days of production for intervention
with at least one inspection every six months, to examine the records
referred to in paragraph 1(b);
(b) one inspection every six months, to verify compliance with the other
conditions for approval referred to in paragraph 1.
3. Approval shall be withdrawn if the preconditions laid down in
paragraph 1(a) are no longer satisfied. Approval may be regranted at the
request of the enterprise concerned after a period of at least six months,
following a thorough inspection.
Except in cases of force majeure , where an enterprise is found not to
have complied with one of its undertakings as referred to in paragraph
1(b), (c) and (d), approval shall be suspended for a period of between one
and 12 months depending on the seriousness of the irregularity.
The Member State shall not impose the said suspension where it is found
that the irregularity was not committed deliberately or as a result of
serious negligence and it is of minor importance with regard to the
effectiveness of the inspections provided for in paragraph 2.
4. A report shall be drawn up on the inspections carried out pursuant to
paragraphs 2 and 3, specifying:
(a) the date of the inspection;
(b) its duration;(c) the operations carried out.!B
(1) OJ L 268, 14.9.1992, p. 1.1999R2771 — EN — 01.01.2000 — 000.002 — 6
The report shall be signed by the inspector responsible.
5. Member States shall inform the Commission of the measures taken
with regard to the inspections provided for in paragraphs 2 and 3 within
one month of their adoption.
Article 6
1. Where the butter is offered to intervention in a Member State other
than that in which it was produced, buying-in shall be subject to the
presentation of a certificate supplied not later than 45 days after the
closing date for submission of tenders by the competent agency of the
Member State of production.
The certificate shall contain the information referred to in Article
4(6)(a), (b), (d) and, where applicable, (f), and a confirmation that the
butter has been produced directly and exclusively from pasteurised
cream, within the meaning of the second indent of Article 6(6) of
Regulation (EC) No 1255/1999, in an approved undertaking in the
Community.
2. Where the Member State of production has performed the checks
referred to in Article 4(1), the certificate shall also contain the results of
those checks and confirm that the product concerned is butter within the
meaning of the first subparagraph of Article 6(2) of Regulation (EC) No
1255/1999. In that case, the packaging referred to in Article 4(6) must be
sealed by means of a numbered label issued by the competent agency of
the Member State of production. The number must be entered on the
certificate referred to in paragraph 1.
SECTION 2
Price recording
Article 7
The market prices of butter as referred to in Article 6(1) of Regulation
(EC) No 1255/1999 shall be the prices ex-factory with payment within
21 days, exclusive of national taxes and charges, of fresh butter meeting
the conditions set out in the first subparagraph of Article 6(2) of
Regulation (EC) No 1255/1999, packaged in blocks of at least 25
kilograms net.
The ex-factory prices shall be raised by a flat-rate amount of EUR 2,5
per 100 kilograms to take account of the transport costs necessary to
deliver the butter to a cold storage plant.
Article 8
1. Market prices at national level shall be recorded each week, either by
prices boards or on the representative markets.
The weekly recording of prices shall relate to prices as provided for in
Article 7, recorded during the preceding week.
Prices shall be expressed in euro, rounded to two decimal places, per 100
kilograms.
2. Member States shall determine:(a) the membership of prices boards, in such a way as to ensure that
buyers and sellers engaged in transactions involving a large quantity
of butter are equally represented or, as the case may be, the system
for recording prices on the representative markets;
(b) the provisions needed to check the data on which the price recording
is based;
(c) in cases where transactions relating to butter of the quality referred
to in the first paragraph of Article 7 are insufficient in volume to be
deemed representative, the criteria for establishing the ratio between!B1999R2771 — EN — 01.01.2000 — 000.002 — 7
the prices for butter for which there have been enough transactions
and those for butter as referred to in Article 7.
The Member States shall provide the Commission with a description of
the arrangements set up in accordance with the first subparagraph.
3. Not later than 12 noon (Brussels time) of each Wednesday, Member
States shall inform the Commission of the prices recorded in accordance
with paragraph 1.
4. On each Thursday the Commission shall record the level of market
prices in each Member State in comparison with the intervention price.
SECTION 3
Tendering procedure
Article 9
Once the Commission has noted that the condition referred to in Article
2(1) is fulfilled in a Member State, the intervention agency concerned
shall buy in butter in accordance with this Section.
A notice of invitation to tender shall be published in the Official Journal
of the European Communities .
Article 10
The closing date for submission of tenders for each individual invitation
to tender shall fall on every second and fourth Tuesday of the month at
noon (Brussels time), except the second Tuesday in August and the
fourth Tuesday in December. If the Tuesday is a public holiday, the
closing date shall be the last preceding working day at noon (Brussels
time).
Article 11
1. Interested parties shall participate in the tendering procedure
announced by the intervention agency of a Member State either by
submitting a written tender against issuance of a receipt, or by any
written means of telecommunication with proof of receipt.
2. Tenders shall contain:
(a) the name and address of the tenderer;
(b) the quantity offered, the minimum fat content;
(c) the proposed price per 100 kilograms of butter, exclusive of national
taxes and charges, delivered to the loading bay of the cold store,
expressed in euro to no more than two decimal places;
(d) the place where the butter is held.3. Tenders shall be valid only if:
(a) they relate to a quantity of butter meeting the requirements of Article
4(4);
(b) they are accompanied by a written undertaking by the tenderer to
comply with Articles 4(3) and 17(2);
(c) proof is furnished that the tenderer has lodged a security of EUR 5
per 100 kg for the invitation to tender concerned, in the Member
State in which the tender was submitted, before the closing date for
submission of tenders.!B1999R2771 — EN — 01.01.2000 — 000.002 — 8
4. The undertaking provided for in paragraph 3(b), if forwarded
initially to the intervention agency, shall be deemed to be tacitly renewed
for subsequent tenders until explicitly cancelled by the tenderer or the
intervention agency, provided that:
(a) the original tender stipulates that the tenderer intends to avail himself
of this provision,
(b) subsequent tenders refer to this provision (Article 11 (4)) and to the
date of the original tender.
5. The intervention agency shall record the day on which the tender was
received, the quantities involved and their respective dates of manu-
facture and the place where the butter offered is stored.
6. Tenders may not be withdrawn after the closing date referred to in
Article 10 for the submission of tenders relating to the invitation to
tender concerned.
Article 12
Maintenance of the tender after the closing date for submission of
tenders, and delivery of the butter to the depot designated by the
intervention agency within the time limit laid down in Article 15(3),
shall constitute primary requirements within the meaning of Article 20 of
Commission Regulation (EEC) No 2220/85 (1).
Article 13
1. The Member States shall inform the Commission of the quantities
and prices offered by tenderers, no later than 9.00 a.m. (Brussels time) on
the day after the closing date referred to in Article 10.
2. In the light of the tenders received for each invitation to tender, the
Commission shall fix a maximum buying-in price, by reference to the
intervention prices applicable, in accordance with the procedure laid
down in Article 42 of Regulation (EC) No 1255/1999.
3. A decision may be taken not to proceed with the invitation to tender.
Article 14
1. Tenders shall be refused if the price proposes higher than the
maximum price referred to in Article 13(2), applying to the tendering
procedure concerned.
2. The rights and obligations resulting from the tendering procedure
shall not be transferable.
Article 15
1. Tenderers shall be informed immediately by the intervention agency
of the outcome of their participation in the tendering procedure.
Where tenders have been unsuccessful, the securities referred to in
Article 11(3)(c) shall be released immediately.
2. The intervention agency shall immediately issue to the successful
tenderer a dated and numbered delivery order indicating:
(a) the quantity to be delivered;(b) the final date for delivery of the butter;(c) the cold storage depot to which it must be delivered.3. Within 21 days of the closing date for submission of tenders, the
successful tenderer shall deliver the butter to the loading bay of the cold
store. Delivery may be in several consignments.!B
(1) OJ L 205, 3.8.1985, p. 5.1999R2771 — EN — 01.01.2000 — 000.002 — 9
Any costs incurred in unloading the butter at the loading bay of the cold
store shall be borne by the successful tenderer.
4. The security shall be released as soon as the successful tenderer has
delivered the quantity indicated on the delivery order within the time
limit laid down.
5. Except in cases of force majeure , where the successful tenderer fails
to deliver the butter within the time limit laid down, not only shall the
security provided for in Article 11(3)(c) be forfeit in proportion to the
quantities not delivered, but buying-in shall also be cancelled in respect
of the remaining quantities.
Article 16
1. The intervention agency shall pay the successful tenderer the price
indicated in the tender for each quantity of butter taken over, between the
45th and 65th day afrer taking over, provided that compliance with the
provisions of Articles 3 and 4 has been confirmed.
2. The day of the taking-over shall mean the day on which the butter
enters the cold store designated by the intervention agency, but no earlier
than the day following that on which the delivery order referred to in
Article 15(2) was issued.
Article 17
1. The butter shall be put through a trial storage period. This period
shall be fixed at 30 days starting from the day of taking over.
2. By their tenders, sellers shall undertake that, where the inspection on
entry into the store designated by the intervention agency shows that the
butter does not meet the provisions of Articles 3 and 4, or where, at the
end of the trial storageperiod, the minimum organoleptic quality of the
butter proves to be below that set in Annex I:
(a) they will take back the butter in question; and(b) they will pay the storage costs of the butter concerned from the day
on which it was taken over until the date of its removal from storage.
The storage costs to be paid shall be the costs to be reimbursed by the
intervention agency to the account of the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (EAGGF) in
accordance with Article 7(2)(a) and (b) of Commission Regulation
(EEC) No 3597/90 (
1).
The amounts shall be credited to the account of the European
Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee
Section.
SECTION 4
E n t r yi n t oa n dr e m o v a lf r o ms t o r a g e
Article 18
1. The Member States shall lay down technical standards, providing in
particular for a storage temperature of not lower than -15 °C, for the cold
stores referred to in the third subparagraph of Article 6(2) of Regulation
(EC) No 1255/1999 and shall take any other measures needed to ensure
that the butter is properly conserved. The relevant risks shall be covered
by insurance in the form of either a contractual obligation on storers or a
comprehensive coverage of the liability borne by the intervention
agency; the Member States may also act as their own insurers.!B
(1) OJ L 350, 14.12.1990, p. 43.1999R2771 — EN — 01.01.2000 — 000.002 — 10
2. The intervention agencies shall require that butter be delivered to the
loading bay of the cold store, and be taken into storage and kept there, on
pallets, in such a way as to create easily identifiable and readily
accessible lots.
3. The competent agency responsible for checks shall perform
unannounced checks on the presence of the butter in store, in accordance
with Article 4 of Commission Regulation (EC) No 2148/96 (1).
Article 19
1. The intervention agency shall choose the available cold store nearest
to the place where the butter is stored.
However, provided that the choice of another cold store does not result in
additional storage costs, it may choose another store situated within the
distance referred to in paragraph 2.
It may choose a cold store situated beyond that distance if the resulting
expenditure, inclusive of storage and transport costs, is lower. In this case
the intervention agency shall notify the Commission of its choice
forthwith.
2. The maximum distance referred to in the third subparagraph of
Article 6(2) of Regulation (EC) No 1255/1999 shall be 350 kilometres.
Beyond that distance, the additional transport costs borne by the
intervention agency shall be EUR 0,065 per tonne and per kilometre.
However, where the intervention agency buying in the butter is in a
Member State other than the one in whose territory the offered butter is
stored, no account shall be taken, in calculating the maximum distance
referred to in the first subparagraph, of the distance between the store of
the vendor and the border of the Member State of the purchasing
intervention agency.
3. The additional charges referred to in paragraph 2 shall be borne by
the intervention agency only if the temperature of the butter does not
exceed 6 °C on arrival at the cold store.
Article 20
At the time of removal from store the intervention agency shall, in the
case of delivery ex-cold store, make the butter available on pallets at the
store’ s loadingbay, loaded, where appropriate, onto the means of
transport where this is a lorry or a railway wagon. The costs involved
shall be borne be the intervention agency and any stowage and
depalletising costs shall be borne by the purchaser of the butter.
SECTION 5
Sale of butter
Article 21
Intervention agencies in the Member States shall sell to any interested
party butter which they hold and which entered storage before 1 July
1996.
Article 22
1. Butter shall be sold ex-storage depot at a price equal to the
intervention price fixed in Article 4(1)(a) of Regulation (EC) No
1255/1999 and applying on the day on which the sale contract is
concluded, plus EUR 1 per 100 kg.
It shall be sold in quantities of not less than five tonnes. However, where
the quantity remaining in a storage depot is less than five tonnes, the sale
shall relate to that smaller quantity.!B
(1) OJ L 288, 9.11.1996, p. 6.1999R2771 — EN — 01.01.2000 — 000.002 — 11
2. The intervention agency shall sell the butter only if a security equal
to EUR 10 per 100 kg is lodged, no later than the conclusion of the
contract of sale, in order to ensure that the primary requirements within
the meaning of Article 20 of Regulation (EEC) No 2220/85 are fulfilled
as regards the taking-over of the butter within the time limit laid down in
the first subparagraph of Article 23(1) of this Regulation.
3. The intervention agency shall sell the butter according to the date
when it was placed in storage, starting with the oldest of the total
available quantity or, as the case may be, the quantity available in the
store or stores designated by the purchaser.
Article 23
1. The purchaser shall take delivery of the butter within one month
from the date on which the sale contract was concluded.
Delivery may be taken in instalments of not less than five tonnes each.
However, where the quantity remaining in a storage depot is less than
five tonnes, that smaller quantity may be delivered.
2. Before taking delivery of each quantity of butter, the purchaser shall
pay the intervention agency the price corresponding to the quantity being
delivered.
3. Except in the event of force majeure , the sales contract shall be
terminated in respect of any quantities of which the purchaser has not
taken delivery within the period specified in paragraph 1.
4. The security provided for in Article 22(2) shall be forfeit in respect
of any quantities for which the contract of sale is terminated in
accordance with paragraph 3. It shall be released immediately in respect
of quantities of which delivery is taken within the prescribed period.
5. In the event of force majeure , the intervention agency shall take such
action as it considers necessary having regard to the circumstances
invoked.
Article 24
Member States shall inform the Commission not later than Tuesday of
each week of the quantities of butter which, during the preceding week:
(a) have been the subject of a sale contract;
(b) have been taken over.
CHAPTER III
Private storage of butter or cream
SECTION 1
Contract and storage conditions
Article 25
For the purposes of this Chapter:
— ‘storage lot’ means a quantity weighing at least one tonne and of
homogeneous composition and quality, originating in a single
factory, taken into storage in a single warehouse on a single day;
— ‘day of commencement of contractual storage’ means the day
following that of entry into store;
— ‘last day of contractual storage’ means the day preceding that of
removal from storage.!B1999R2771 — EN — 01.01.2000 — 000.002 — 12
Article 26
Contracts relating to the private storage of butter or cream as referred to
in the fourth subparagraph of Article 6(3) of Regulation (EC) No
1255/1999 shall be concluded between the intervention agency of the
Member State on whose territory the butter and cream are stored and
natural or legal persons, hereinafter called ‘contractors’.
Article 27
1. A private storage contract may be concluded only for butter or cream
as referred to in the first subparagraph of Article 6(3) of Regulation (EC)
No 1255/1999.
Butter must have been produced in an undertaking approved in
accordance with Article 5(1)(a), (b) and (c) of this Regulation during
the 28 days preceding the day of commencement of contractual storage.
It shall correspond to the national quality class of the Member State of
production referred to in Annex V and its radioactivity level shall not
exceed the maximum permitted levels referred to in Article 4(2).
2. A storage contract may not be concluded for butter or cream:
(a) in respect of which an application for direct consumption aid has
been made under other Community provisions;
(b) which has been placed under the arrangements referred to in Article
5(1) of Council Regulation (EEC) No 565/80 (1); subsequent placing
under those arrangements shall be regarded as ending the contractual
storage period.
Article 28
1. Storage contracts shall be concluded in writing for one or more
storage lots and shall include, in particular, provisions concerning:
(a) the quantity of butter or cream to which the contract applies;
(b) the amount of the aid, without prejudice to Article 38;
(c) the dates relating to the execution of the contract, without prejudice
to the fifth subparagraph of Article 6(3) of Regulation (EC) No
1255/1999;
(d) the identity of the cold stores.
2. The control measures, particularly those referred to in Article 33,
and the information referred to in paragraph 3 of this Article shall be the
subject of specifications drawn up by the intervention agency of the
Member State of storage. The storage contract shall refer to these
specifications.
3. The specifications shall provide that the packaging of the butter is to
show at least the following particulars, which may be encoded, where
appropriate:
(a) the number identifying the factory and the Member State of
production;
(b) the date of production;
(c) the date of entry into storage;
(d) the number of the manufacturing batch;(e) the word ‘salted’ in the case of butter as referred to in the third indent
of the first subparagraph of Article 6(3) of Regulation (EC) No
1255/1999;
(f) the national quality class referred to in Annex V;
(g) the net weight.!B
(1) OJ L 62, 7.3.1980, p. 5.1999R2771 — EN — 01.01.2000 — 000.002 — 13
Member States may waive the obligation to indicate the date of entry into
store on the packaging provided the store manager undertakes to keep a
register in which the particulars referred to in the first subparagraph are
entered on the date of entry into store.
Article 29
1. Entry into store may take place only between 15 March and 15
August of the same year. Removal from store may take place only as
from 16 August of the year of storage.
2. Removal from store shall be in whole storage lots or, if the
competent agency so authorises, in smaller quantities. However, in the
circumstances referred to in Article 33(2)(a) only a sealed quantity may
be removed from store.
Article 30
1. Applications to conclude a contract with the intervention agency
may relate only to lots of butter or cream which have been fully taken
into storage.
Applications must reach intervention agencies within no more than 30
days of the date of entry into store. Intervention agencies shall register
their date of receipt.
If the application reaches the intervention agency within 10 working days
following the deadline, the storage contract may still be concluded but
the aid shall be reduced by 30 %.
2. Storage contracts shall be concluded within no more than 30 days of
the date of registration of the application.
Article 31
Where the butter is stored in a Member State other than the Member
State of production, conclusion of the storage contract referred to in
Article 30 shall be subject to presentation of a certificate supplied by the
competent agency of the Member State of production within 50 days of
the date of the butter’s entry into storage.
The certificate shall contain the information specified in Article
28(3)(a), (b) and (d) and confirm that the product concerned is butter
within the meaning of the first subparagraph of Article 6(3) of
Regulation (EC) No 1255/1999.
In the case referred to in the first paragraph, storage contracts shall be
concluded within no more than 60 days of the date of registration of the
application.
SECTION 2
Checks
Article 32
1. The Member State shall ensure that all the conditions for entitlement
to payment of the aid are fulfilled.
2. The contractor or, at the request of the Member State or with its
authorisation, the person responsible for the storage depot shall make
available to the competent agency responsible for inspection any
documentation permitting verification of the following particulars of
products placed in private storage:
(a) the approval number identifying the factory and the Member State of
production,
(b) the date of production;
(c) the date of entry into storage;!B1999R2771 — EN — 01.01.2000 — 000.002 — 14
(d) the storage lot number;
(e) presence in the store and the address of the store;(f) the date of removal from storage.3. The contractor or, where applicable, the person responsible for the
store shall keep stock records available at the store for each contract,
covering:
(a) the storage lot number of the products placed in private storage;(b) the dates of entry into and removal from storage;
(c) the quantity of butter or cream, indicated per storage lot;
(d) the location of the products in the store.4. Products stored must be easily identifiable, easily accessible and
identified individually by contract.
Article 33
1. On entry into storage the competent agency shall conduct checks
within the period beginning on the date of entry into the store and ending
28 days after the date of registration of the application for conclusion of a
contract referred to in Article 30.
To ensure that the products stored are eligible for aid, the checks shall be
made on a representative sample of at least 5 % of the quantities placed
in storage to ensure that, as regards sufficiently inter alia , the weight,
identification and nature of the products, the storage lots in their entirety
physically conform to the application for conclusion of a contract.
2. The competent agency shall:(a) either seal the products by contract, storage lot or smaller quantity at
the time of the check provided for in paragraph 1;
(b) or make an unannounced check, by sampling, to ensure that the
products are present in the store. The sample concerned must be
representative and must correspond to at least 10 % of the total
quantity under contract for a private storage aid measure.
3. At the end of the contractual storage period, the competent agency
shall, by sampling, verify weight and identification. To that end, the
contractor shall inform the competent agency at least five working days
before the end of the maximum contractual storage period of 210 days or,
where appropriate and where products are removed during the 210-day
period, before the start of the removal operations, indicating the storage
lots involved.
Where the butter is still in storage after expiry of the maximum
contractual storage period, the check referred to in the first subparagraph
may be made when the butter is removed from storage. To that end, the
contractor shall inform the competent agency at least five working days
before the start of removal operations.
In the cases provided for in the first and second subparagraphs, the
Member State may accept a shorter timelimit than five working days.
4. A report shall be drawn up on the checks carried out pursuant to
paragraphs 1, 2 and 3, specifying:
(a) the date of the check;(b) its duration;
(c) the operations carried out.
The report must be signed by the inspector responsible and counter-
signed by the contractor or, as the case may be, the person responsible for
the store, and must be included in the payment dossier.
5. In the event of irregularities affecting at least 5 % of the quantities of
products checked, the check shall be extended to a larger sample to be
determined by the competent agency.!B1999R2771 — EN — 01.01.2000 — 000.002 — 15
The Member States shall notify such cases to the Commission within
four weeks.
SECTION 3
Storage aid
Article 34
1. Aid for private storage as provided for in the first subparagraph of
Article 6(3) of Regulation (EC) No 1255/1999 may be granted only
where the contractual storage period is between 90 and 210 days.
Where the contractor fails to comply with the time limit referred to in
Article 33(3), the aid shall be reduced by 15 % and shall be paid only in
respect of the period for which the contractor supplies satisfactory proof
to the competent agency that the butter or cream has remained in
contractual storage.
2. Without prejudice to Article 38, the Commission shall determine
each year in accordance with the procedure laid down in Article 42 of
Regulation (EC) No 1255/1999, the amount of the aid referred to in the
third subparagraph of Article 6(3) of that Regulation for private storage
contracts commencing during the year in question.
3. The aid shall be paid on application by the contractor, at the end of
the contractual storage period, within 120 days of receipt of the
application, provided that the checks referred to in Article 33(3) have
been carried out and that the conditions for entitlement to the aid have
been met.
However, if an administrative enquiry into entitlement to the aid is under
way, payment shall not be made until entitlement has been recognised.
4. After 60 days of contractual storage a single advance payment of the
aid may be made at the contractor’s request, provided he lodges a security
equal to the advance payment plus 10 %. This advance shall be
calculated on the basis of a storage period of 90 days. The security shall
be released as soon as the balance of the aid referred to in paragraph 3
has been paid.
Article 35
1. Where, at the end of the first 60 days of contractual storage, the
deterioration in the quality of the butter or cream is greater than is
normal in store, contractors may be authorised, once per storage lot, to
replace the defective quantity, at their own expense, with an equal
quantity of butter or cream as specified in the first subparagraph of
Article 6(3) of Regulation (EC) No 1255/1999.
If checks during storage or on removal reveal defective quantities, no aid
may be paid for those quantities. In addition, the remainder of the storage
lot which is still eligible for aid may not be less than one tonne. The same
rule shall apply where part of a lot is removed before 16 August or before
expiry of the minimum storage period.
2. For the purpose of calculating the aid in the case referred to in the
first subparagraph of paragraph 1, the first day of contractual storage
shall be the day of commencement of contractual storage.
Article 36
1. Aid for the storage of cream may be granted only for pasteurised
cream with a fat content of not less than 35 % and not more than 80 %.
2. For the purpose of calculating the aid, the quantities of cream shall
be converted into butter equivalent by reference to butter with a fat
content of 82 % by multiplying the fat content of the cream by 1,20.
3. The fat content specified in paragraph 1 shall be checked by a
laboratory approved by the competent agency before the cream is frozen.!B1999R2771 — EN — 01.01.2000 — 000.002 — 16
Article 37
1. Member States may permit contractors to undertake voluntarily, for
all storage lots under all contracts concluded during the current year, to
observe a single minimum fat content fixed in advance within the limits
specified in Article 36(1).
2. Where paragraph 1 is applied, the aid shall be granted on the basis of
the minimum fat content fixed in advance.
In such cases Member States shall check the fat content in accordance
with Article 36(3) by random sampling in the course of frequent
unannounced visits.
If such checks reveal that the fat content is lower than the minimum
content fixed in advance, no aid shall be paid for the storage lots taken
into store since the last satisfactory check, and paragraph 1 shall no
longer apply to the contractor concerned for the rest of the contractual
storage period.
However, if the fat content is found to be less than 2 % lower than the
minimum content fixed in advance, the aid shall be paid on the basis of
the fat content found, minus 10 %.
Article 38
1. If the market situation so requires, the amount of the aid, the periods
of entry into and removal from storage and the maximum length of
storage may be altered during the year in respect of contracts yet to be
concluded.
2. Where the maximum buying-in price fixed by invitation to tender in
accordance with Article 13(2), expressed in euro or, for the countries not
participating in the single currency, in national currency, and applying on
the day of commencement of contractual storage, is higher than that
applying on the last day of contractual storage, the aid determined in
accordance with Article 34(2) shall be increased by an amount equal to
any reduction in the maximum buying-in price in excess of 2 % of the
price applying on the day of commencement of contractual storage.
Should that price be lower than the price applying on the last day of
contractual storage, the aid determined in accordance with Article 34(2)
shall be reduced by an amount equal to any increase in the maximum
buying-in price in excess of 2 % of the price applying on the day of
commencement of contractual storage. However, the reduction in the aid
may not exceed the total amount of the aid.
3. The aid adjustment referred to in paragraph 2 shall apply only if,
during the contractual storage period, a maximum buying-in price has
been fixed in accordance with Article 13(2) and if, on the last day of
contractual storage, buying-in has commenced in more than eight
Member States.
If a maximum buying-in price has not been fixed in the 21 days
immediately preceding the start of the contractual storage period, the
maximum buying-in price deemed to apply on the first day of contractual
storage shall be equal to 90 % of the intervention price in force.
CHAPTER IV
Transitional and final provision
Article 39
Regulations (EEC) Nos 2315/76, 1547/87, 1589/87 and (EC) No 454/95
are hereby repealed.
Regulation (EC) No 454/95 shall continue to apply to private storage
contracts concluded before 1 January 2000.!B1999R2771 — EN — 01.01.2000 — 000.002 — 17
References to the repealed Regulations shall be construed as references
to this Regulation.
Article 40
The intervention price for butter applying from 1 January 2000 to 30
June 2000 shall be that fixed in Council Regulation (EC) No
1400/1999 (1).
Article 41
This Regulation shall enter into force on 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ L 164, 30.6.1999, p. 10.1999R2771 — EN — 01.01.2000 — 000.002 — 18
ANNEX I
COMPOSITIONAL REQUIREMENTS, QUALITY CHARACTERISTICS AND ANAL YTICAL METHODS
Butter is a solid emulsion, mainly of the water-in-oil type, with the following compositional and quality characteristics.
Parameters Content and quality characteristics Reference method
Fat Minimum 82 % (2)
Water Maximum 16 % (2)
Non-fat solids Maximum 2 % (2)
Free fatty acids (1) Maximum 1,2 mmole/100 g fat (2)
Peroxide value Maximum 0,3 meq oxygen/1 000 g fat (2)
Coliformes Not detectable in 1 g (2)
Non-milk fat Not detectable by triglyceride analysis (2)
Tracers (1)
— sterols (2)
— vanillin (2)
— ethyl ester of carotenic acid (2)
— triglycerides of enanthic acid (2)Not detectable (2)
Other tracers (1) Not detectable Methods approved by com-
petent authority
Sensory characteristics At least four out of five points for
appearance, flavour and consistency(2)
Water dispersion At least four points (2)
(1)Tracers approved under Regulations (EEC) No 3143/85 (OJ L 298, 12.11.1985, p. 9) and No 429/90 (OJ L 45, 21.2.1990, p. 8) and
(EC) No 2571/97 (OJ L 350, 20.12.1997, p. 3).
(2)See Commission Regulation (EC) No 1854/96 (OJ L 246, 27.9.1996, p. 5), as last amended by Regulation (EC) No 881/1999 (OJ L111, 29.4.1999, p. 24), establishing a list of reference methods to be applied for the analysis and quality evaluation of milk and milkproducts under the common market organisation.!B1999R2771 — EN — 01.01.2000 — 000.002 — 19
ANNEX II
REFERENCE METHOD FOR THE DETECTION OF FOREIGN FATS IN
MILK FAT BY GAS CHROMATOGRAPHIC ANAL YSIS OF TRIGL Y -
CERIDES — REVISION 1
1. Scope and field of application
This standard lays down a method for the detection of foreign fats, of both
vegetable fats and animal fats such as beef tallow and lard in milk fat ofmilk products using gas chromatographic analysis of triglycerides.
Using defined triglyceride formulae vegetable and animal fats are
qualitatively and quantitatively detected in pure milk fat irrespective offeeding or lactation conditions.
Note 1: Although butyric acid (C4) occurring exclusively in milk fats enables
quantitative estimations of low to mean amounts of milk fat in vegetable fats to bemade, qualitative and quantitative information can hardly be provided in the rangeof an addition of up to at least 20 % (weight %) foreign fat to pure milk fat becauseof the large variation of C4 ranging approximately between 3,5 to 4,5 % (weight %).
Note 2: Quantitative results can practically only be obtained by trigylceride
analyses, because the sterol content of the vegetable fats is different as a function ofproduction and treatment conditions.
2. Definition
Foreign fats in milk fat: foreign fats as defined in this standard are all
vegetable and animal fats except milk fat.
3. Principle of the method
After extraction of the milk fat a stock solution is prepared.
From this solution the triglycerides (total carbon numbers) are determined
gas chromatographically on packed columns. By inserting the weight %of the fat molecules of different size (C24 — C54 — only even numbers)in the triglyceride formula the foreign fats are either qualitatively detected
or quantitatively determined.
Note: Observing the evaluation described here capillary gas chromatography can be
used, if it is guaranteed that comparable results are achieved (1).
4. Reagents
Analysis-grade chemicals must be used.
4.1. Carrier gas: nitrogen, purity degree 599,996 %.
4.2. Standard triglycerides (2), saturated as well as cholesterol for standardiz-
ing a standard milk fat according to section 6.5.4.
4.3. Methanol, water-free.4.4. n-Hexane
4.5. n-Heptane
4.6. Toluene4.7. Dimethylchlorosilane solution: 50 ml dimethylchlorosilane are dissolved
in 283 ml toluene.
4.8. Combustible gas: hydrogen and synthetic air4.9. Stationary phase, 3-% OV -1 on 125/150 µm (100/120 mesh) Gas
ChromQ. (
3)
4.10. 10 % cocoa butter solution!B
(1) Suited methods have already been described, see D. Precht and J. Molkentin:
Quantitative triglyceride analysis using short capillary columns, Chrompack News 4,16-17 (1993).
(
2) Suitable products are commercially available.
(3) Trade names such as, e.g. Extrelut, Gas ChromQ, Chrompack are examples for suited
products available in the specialised trade. This information shall serve the purpose ofeasy handling of the standard by the user and does not represent a request of the product.
The indication of grain was transferred to the SI-unit µm according to BS 410:1988
‘British Standard Specification for test sieves’.1999R2771 — EN — 01.01.2000 — 000.002 — 20
5. Instruments
Normal laboratory apparatus and particularly the following:
5.1. High temperature gas chromatograph suited for temperatures of at least
400 — 450 °C, equipped with a flame ionization detector (FID) andconstant mass flow controller for the carrier gas. Combustion gas: 30 ml/
min H
2, 270 ml/min synthetic air.
Note: Because of the high temperatures occuring during triglyceride analyses the
glass inserts in the FID or in the injector system must be frequently cleaned.
The gas chromatograph msut be equipped with septa, withstanding high
temperatures, which can be frequently used and exhibit generally a very
low degree of ‘bleeding’.
Note: Suited are Chromblue (tm) septa (Chrompack).
The septa must be exchanged at regular intervals, e.g. after roughly 100
injections or as soon as the resolution deteriorates (see figure 4).
5.2. Chromatography column
U-shaped glass column (inside diameter 2 mm, 500 mm in length), which
is first silanized according to section 6.1 with dimethylchlorosilane in
order to deactivate the glass surface.
Note: Suited are also somewhat longer (80 — 200 mm in length) packed columns.
With them a slightly better reproducibility of the results can be achieved. On theother hand, the stationary phase exhibits occasionally fractures after operation,which may lead, in turn, to worse quantitative results. Further, the FID flame iseasily extinguised as a result of the required extremely high carrier gas flow of 75 to85 ml/min.
5.3. Arrangement for filling the column (see figure 1)
Figure 1: Filling of the column
5.3.1. Plastic column with screwed-on end caps, provided with a mark up to
which the required quantity of stationary phase can be filled
5.3.2. Fine sieve (mesh size approximately 100 µm) with screw cap, suited for
sealing the glass column according to figure 1.
5.3.3. Deactivated, silanized glass wool
5.3.4. Vibrator for uniform distribution of the stationary phase during filling!B1999R2771 — EN — 01.01.2000 — 000.002 — 21
5.4. 1 to 3 ml Extrelut column (1) with silica gel. This column can
alternatively be used for the extraction for obtaining milk fat.
5.5. Graphite seal 6,4 mm (1/4 @) with 6 mm bore
5.6. Devices for silanizing the glass surface of the column according to section
6.1.
5.6.1 Woulff bottle5.6.2. Water suction pump5.7. Water bath, adjustable to (50 ± 2) °C5.8. Drying cabinet, adjustable to (50 ± 2) °C and (100 ± 2) °C5.9. Microlitre pipette5.10. 5 ml graduated pipette for dosing 1,5 ml methanol5.11. 50 ml round-bottomed flask5.12. Erlenmeyer flask, nominal volume 50 ml5.13. Funnel5.14. Fine-pored filter
5.15. Rotary evaporator
5.16. Ampoules, nominal volume 1 ml, sealable with an aluminium cap, with a
septum in the interior
5.17. Injection syringe, the plunger of the syringe used must not reach into the
tip of the needle.
Note: Such syringes allow a better reproductibility of the results to be obtained.
In oder to avoid deterioration of the septum, the tip of the needle should
be checked at regular intervals (e.g. with a stereomicroscope).
6. Procedure
6.1. Preparation of the column (silanization)
After connecting the Woulff bottle, as shown in figure 2, with the water
suction pump tube 2 is dipped into the solution according to section 4.7.By closing the stopcock the column is filled; subsequently the two tubes
are removed.
Figure 2: Arrangement for silanisation
The column is fixed on a stand and completely filled with the
dimethyldichlorosilane solution by means of a pipette.!B
(1) See footnote 3 on page 23.1999R2771 — EN — 01.01.2000 — 000.002 — 22
After 20-30 min the Woulff bottle is replaced by a filter flask and the
column emptied by connecting it with the water suction pump (see figure
3).
6.2. Filling of the column
This is followed by successive rinsing using 75 ml toluene and 50 ml
methanol; then the emptied column is dried in the drying cabinet at
100 °C for approximately 30 minutes.
Figure 3: Arrangement for rinsing
For filling of the column the arrangement as represented in figure 1 is
used. The stationary phase according to 4.9 is filled into the plasticcolumn up to the mark. The lower end of the glass column to be filled is
sealed with an approximately 1 cm long plug of glass wool, which had
been silanized before, and which is pressed in using a steel rod. Then theend of the column is closed with the sieve according to section 5.3.2.
The column is filled under pressure (3 bar, with N
2) with the stationary
phase. To obtain a uniform, continuous and firm packing, a vibrator ismoved up and down the glass column during filling.
After filling a solid plug of silanized glass wool is pressed into the other
end of the packed column, the protruding ends are cut off and the plug
pressed into the column a few millimetres with a spatula.
6.3. Preparation of the samples
For sample preparation one of the three following methods is used:
6.3.1. Isolation of the milk fat from butter
5 to 10 g of butter is melted in a suitable vessel in a water bath according
to section 5.7 at 50 °C.
A 50 ml Erlenmeyer flask and a funnel with inserted filter according to
section 5.14 are heated in the drying cabinet to 50 °C. The fat layer of themolten butter sample is filtered using the preheated device.
Such a milk fat is almost phospholipid-free.
6.3.2. Extraction of the fat fraction according to the Röse-Gottlieb method
Extraction is done either according to IDF Standard 1 C: 1987, 16C:
1987, 116A: 1987 or 22B: 1987.
With such a milk fat phospholipids allow a cholesterol peak to be
obtained which is increased by approximately 0,1 %.
The triglyceride spectrum standardized to 100 with the cholesterol is
thereby influenced only to a negligible extent.
6.3.3. Extraction from milk using silica gel columns
0,7 ml of a milk sample tempered to 20 °C are applied to a 1 to 3 ml
Extrelut column with a microlitre pipette according to section 5.4 and
allowed to distribute uniformly on the silica gel for approximately fiveminutes.!
B1999R2771 — EN — 01.01.2000 — 000.002 — 23
For denaturing the protein-lipid complexes 1,5 ml of methanol is added by
pipette. Subsequently the sample is extracted with 20 ml n-hexane. The n-
hexane is slowly added in small amounts and the solvent draining off
collected in a 50 ml round-bottomed flask that had been dried to aconstant, known weight.
After extraction led the column drain until empty.
From the eluate the solvents are distilled off on a rotatory evaporator at a
water bath temperature of 40 to 50 °C.
The flask is dried and the fat yield determined by weighing.
Note: Fat extractions according to Gerber, Weibull-Berntrop, Schmid-Bondzynski-
Ratzlaff or isolation of milk fat using detergents (BDI method) are not suited fortriglyceride analysis, because with these methods more or less large quantities ofpartial glycerides or phospholipids can pass into the fat phase.
6.4. Preparation of the sample solution
For gas chromatography a 5 % solution of the fat in n-heptane obtained
according to section 6.3 is used. For preparing this sample solution
corresponding amounts of the sample material obtained according to thesections 6.3.1 and 6.3.2 are weighed and dissolved in correspondingamounts of n-heptane.
With sample preparation according to section 6.3.3 the amount of n-
heptane to be added to the sample material in the flask is calculated on thebasis of weighing and the remainer dissolved in it.
Approximately 1 ml of the sample solution is filled into an ampule
according to section 5.16.
6.5. Chromatographic triglyceride determination
With the high temperatures of up to 350 °C for eluting the long-chain
triglycerides C52-C56 an increase in baseline occurs easily, particularly ifthe columns have not been adequately conditioned in the beginning. Thisrise in baseline at high temperatures can be avoided completely by either
combining two columns or baseline subtraction.
With the compensating mode or operation with single columns, as well as
for the glass inserts in the injector and in the detector the graphite seals
according to section 5.5 have to be used.
6.5.1. Baseline correction
To avoid baseline rising one of the four methods is used:
6.5.1.1. Combination of columns
Two packed columns are used in compensating mode.
6.5.1.2. Baseline correction by the gas chromatograph
By application of a run by the gas chromatograph without injection of a
fat solution and subsequent subtraction of the stored baseline rising of thebaseline can be avoided.
6.5.1.3. Baseline correction by integration software
By application of a run by the integration system without injection of a fat
solution and subsequent subtraction of the stored baseline rising of the
baseline can be avoided.
6.5.1.4. Baseline correction by adequate conditioning
With adequate initial conditioning of the column and approximately 20
injections with milk fat solutions baseline rising at high temperatures is
frequently so low that baseline corrections are not necessary.
6.5.2. Injection technique
To avoid discrimination effects the ‘hot injection’ technique is applied to
achieve better quantitative results with the high-boiling triglyceridecomponents. Here, the fat solution is drawn up in the syringe and the cold
needle of the syringe warmed up prior to injection for approximately three
seconds in the injector head. Τhen, the syringe content is rapidly injected.
Note: With this injection technique the risk of fractionation phenomena inside the
syringe or the injection block is reduced. ‘On-column’ direct injection in the upper,extended heated part of the column is not applied, because the fragments of theseptum, which accumulate here, as well as contaminations can be easily eliminated!B1999R2771 — EN — 01.01.2000 — 000.002 — 24
with the used technique by regularly changing an injector insert without
dismounting the column.
Bending of the tip of the needle caused by touching the bottom of the
sample beaker (even if it is hardly visible to the eye) must be alsolutely
avoided in order not to damage the septum.
Figure 4: Triglyceride chromatogram of a milk fat sample
6.5.3. Conditioning of a packed column
During steps (a) to (c) the top of the column is not connected to the
detector to avoid contamination.
The columns filled according to section 6.2 are conditioned as follows:
(a) 15 min 40 ml/min N 2-flow at 50 °C;
(b) Heating with 1 K/min up to 355 °C at 10 ml N 2/min;
(c) Holding for 12 to 15 h at 355 °C;
(d) two injections of 1 µl of the cocoa butter solution according to
section 4.10 and respective temperature program;
(e) 20 injections of 0,5 µm of a milk fat solution for two to three days
according to section 6.4.
Note: Cocoa butter consists almost exclusively of high-boiling C5O — to C56
triglycerides. Injection with cocoa butter serves the purpose of special conditioningin this long-chain range. With the high-boiling triglycerides C50 to C54 partlyresponse factors of up to approximately 1,20 may occur. Normally, with repeatedinjection of a milk fat solution a reduction of the initially high response factors forC50 to C54 has to be expected. With triglycerides with low acyl-c number thefactors approximate 1.
Three pairs, respectively, of the columns filled according to section 6.2
are prepared. The conditioned pairs are checked, respectively, with a milkfat analysis for routine testing.
The pair with the best quantitative results (response factors almost 1) is
used in the following. With response factors 41,20 the column is not
used.
6.5.4. Calibration
For calibration the response factors of the corresponding triglycerides, as
well as of cholesterol of a milk fat (standardized fat) should be
determined using the standardized triglycerides (at least the saturatedtriglycerides C24, C30, C36, C42, C48 and C54, as well as cholesterol;!
B1999R2771 — EN — 01.01.2000 — 000.002 — 25
better still additionally C50 and C52). Intermediate response factors can
be found by mathematical interpolation.
Using the standardized fat two to three calibrations have to be performed
every day. If almost identical results are obtained, well reproduciblequantitative results are achieved with triglyceride analysis of the samples.
The standardized milk fat has a stock life of several months at a storage
temperature of maximally -18 °C and can, thus, be used as a standard.
6.5.5. Temperature programme, carrier gas and other conditions for triglyceride
analysis
Temperature programme: initial column temperature 210 °C, hold for one
minute, then program at 6 °C/min to 350 °C and hold at final temperature
for five minutes.
Detector- and injector temperature: 370
oC, respectively.
Note: Detector, injector, and oven temperatures (initial temperature) should be
maintained at a constant level (also overnight, during weekends and holidays).
Carrier gas: nitrogen, flow rate 40 ml/min.
Note: If 80 cm columns are used, the flow must be at least 75 ml/min N 2. The
carrier gas flow must be constantly maintained (also overnight, as well as duringweekends and holidays). The exact carrier gas flow should be adjusted in a mannerthat independent of column length C54 is eluted at 341 °C.
Duration of analysis: 29,3 minutes.
Injection volume: 0,5 µl.
Note: The syringe has to be rinsed several times with pure heptane after each
injection.
FID conditions: according to section 5.1
Note: The flame ionization detector is ignited, respectively, at the beginning of each
working day.
7. Integration, evaluation and control of the measuring conditions
Triglycerides with odd acyl-c number (2n + 1) are combined with the
preceding even-numbered triglyceride (2n). The less reproducible lowC56 contents are not taken into account. The remaining triglycerides(peak area) in the chromatogram, including cholesterol (peak near to C24)
are multiplied by the respective response factors of the standard fat (last
calibration) and altogether normalized to 100. Besides free cholesterol thetriglycerides C24, C26, C28, C30, C32, C34, C36, C38, C40, C42, C44,C46, C48, C50, C52 and C54 are, thus, evaluated. Results are given in
weight % (g/100 g).
Evaluation of the chromatogram peaks should be done with an integrator,
with which the baseline can be plotted. Reintegration with optimizedintegration parameters should be possible.
Figures 5 and 6 demonstrate two examples of triglyceride chromatograms.
Figure 5 shows a chromatogram which can be well evaluated, whilstfigure 6 represents a sporadic error in the C50 to C54 range, the baselinerunning incorrectly compared with figure 5. Such typical errors can be
detected with a high degree of certainty and avoided only by use of an
integrator with which the baseline is plotted.!
B1999R2771 — EN — 01.01.2000 — 000.002 — 26
Figure 5: Easy-to-evaluate triglyceride chromatogram of a milk fat with baseline drawn in
Figure 6: Wrongly integrated chromatogram of milk fat
For controlling the measuring conditions Table 1 shows the mean values
and standard deviations (SD) of a typical winter milk fat for the different
triglycerides from 19 analyses of the same fat:4
Table 1: Triglyceride composition of a milk fat
Mean values and SD from 19 analyses
(g/100 g)
Triglyceride Mean SD
C24 0,04 0,004
C26 0,26 0,007C28 0,66 0,020C30 1,31 0,023!
B1999R2771 — EN — 01.01.2000 — 000.002 — 27
(g/100 g)
Triglyceride Mean SD
C32 2,92 0,030
C34 6,73 0,053C36 12,12 0,030C38 12,92 0,054C40 9,70 0,019C42 7,62 0,020C44 7,35 0,025C46 7,91 0,029C48 9,09 0,048C50 9,97 0,038C52 7,76 0,042C54 3,32 0,020
With SD deviating to a greater extent compared with the values in Table
1, the chromatograms are not tolerable any more and the septa or the gas
flow should be checked. Further, small components of the septum may
have formed deposits on the glass wool at the entrance of the column orthe column has become unsuited for use as a result of ageing, temperatureinfluences etc. (see figure 3).
8. Qualitative foreign fat detection
For the detection of foreign fats triglyceride formulae (Table 2) with
limits S (Table 3) have been developed, in which the S-values of pure milk
fats can fluctuate. If these limits are transgressed, the presence of aforeign fat can be assumed.
The most sensitive formula for the detection of lard addition is, e.g.
6;5125 /C1C26 þ1;2052 /C1C32 þ1;7336 /C1C34 þ1;7557 /C1C36
þ2;2325 /C1C42 þ2;8006 /C1C46 þ2;5432 /C1C52 þ0;9892 /C1C54 ¼S(1)
Note: Using 755 different milk fat samples a 99 % confidence range of S = 97,96 -
102,04 was established for pure milk fat samples with a standard deviation for all S-values SD = 0,39897.
Starting from the triglyceride composition of an unknown fat sample such
a formula allows, without using a computer, to verify in a simple mannerwhether the sum of the triglyceride contents stated here with the
corresponding factors falls outside the range of 97,96 - 102,04 and one
has most probably to do with foreign fat addition.
For detecting different foreign fats Table 2 shows different triglyceride
formulae. For the detection of the foreign fats soybean oil, sunflower oil,olive oil, rape-seed oil, linseed oil, wheat germ oil, maize germ oil, cottonseed oil, and hydrogenized fish oil, for the vegetable fats coconut- and
palm kernel fat, as well as for palm oil and beef tallow a common formula
can be used, respectively.
Since the triglyceride composition of the foreign fats is also subjected to
fluctuations, up to four different, experimentally measured foreign fattriglyceride data of the same type were used. (With the same foreign fattypes the least favourable limit has been considered, respectively (see
Table 4)).
With the following ‘Total formula’ similarly good results can be obtained
for all foreign fats:
/C02;7575 /C1C26 þ6;4077 /C1C28 þ5;5437 /C1C30 /C015;3247 /C1C32
þ6;2600 /C1C34 þ8;0108 /C1C40 /C05;0336 /C1C42 þ0;6356 /C1C44
þ6;0171 /C1C46 ¼S
Calculations for the detection of any foreign fat combination in milk fat
have shown that, e.g., although with the formula for lard given in Table 2!B1999R2771 — EN — 01.01.2000 — 000.002 — 28
the limit for this foreign fat in low, namely 2,7 %, other fats such as
coconut fat, palm oil or palm kernel fat with detection limits of 26,8, 12,5
and 19,3 %, respectively, can, with this formula, only be detected if
extremely high amounts have been added to milk fat. This applies also toother formulae in Table 2.
Table 2: Triglyceride formulae for detecting various foreign fats in
milk fat, indicating the standard deviations SD for S
Formula for soybean, sunflower, olive, rape-seed, linseed, wheat germ, maize germ,
cotton seed and fish oil
2;0983 /C1C30 þ0;7288 /C1C34 þ0;6927 /C1C36 þ0;6353 /C1C38
þ3;7452 /C1C40 /C01;2929 C42 þ1;3544 /C1C44 þ1;7013 /C1C46
þ2;5283 /C1C50 ¼S; SD ¼0;38157
Formula for coconut and palm kernel fat
3;7453 /C1C32 þ1;1134 /C1C36 þ1;3648 /C1C38 þ2;1544 /C1C42
þ0;4273 /C1C44 þ0;5809 /C1C46 þ1;1226 /C1C48 þ1;0306 /C1C50
þ0;9953 /C1C52 þ1;2396 /C1C54 ¼S; SD ¼0;11323
Formula for palm oil and beef tallow
3;6644 /C1C28 þ5;2297 /C1C30 /C012;5073 /C1C32 þ4;4285 /C1C34
/C00;2010 /C1C36 þ1;2791 /C1C38 þ6;7433 /C1C40 /C04;2714 /C1C42
þ6;3739 /C1C46 ¼S; SD ¼0;81094
Formula for lard
6;5125 /C1C26 þ1;2052 /C1C32 þ1;7336 /C1C34 þ1;7557 /C1C36
þ2;2325 /C1C42 þ2;8006 /C1C46 þ2;5432 /C1C52 þ0;9892 /C1C54 ¼S;
SD¼0;39897
Therefore for checking an unknown fat sample all formulae given in
Table 2 and the Total formula (2) must be used, if the sample is likely tobe a mixture of milk fat and one of the 14 different foreign fats or a
combination of these foreign fats. If, by inserting the triglyceride of a fat
sample to be analysed an S-value is obtained, which falls outside theranges of Table 3 of only one of the five formulae, then the sample is mostlikely a modified milk fat. Detection of a foreign fat in milk fat by means
of one of the four formulae in Table 2 does not allow conclusions to be
drawn on the type of the foreign fat admixture.
Table 3: S-Limits for milk fats
Formula for detection of S-range
Soybean, sunflower, olive, rape-seed, lin-
seed, wheat germ, maize germ, cotton, fishoil 98,05 — 101,95
Coconut and palm kernel fat 99,42 — 100,58
Palm oil and beef tallow 95,90 — 104,10
Lard 97,96 — 102,04
Total formula 95,68 — 104,32
In Table 4 the detection limits for the different foreign fats with a 99 %
confidence are given. The first column shows the minimal detection
limits for the best milk fat formulae in Table 2. In the second column thedetection limits for the total formula are given. Although the limits aresome what higher, only this formula is necessary to detect a little bit
higher amounts of foreign fats. With all formulae also combinations of the
different foreign fats can be detected. The ranges of variation of thetriglycerides of different foreign fats of one type have no considerableinfluence on the detection limits.!
B1999R2771 — EN — 01.01.2000 — 000.002 — 29
Table 4: 99 % limits of detection by addition of foreign fat to milk fat
in %
Individual formula Total formula
Soybean oil 2,1 4,4
Sunflower oil 2,3 4,8
Olive oil 2,4 4,7
Coconut fat 3,5 4,3
Palm oil 4,4 4,7
Palm kernel fat 4,6 5,9
Rape-seed oil 2,0 4,4
Linseed oil 2,0 4,0
What germ oil 2,7 6,4
Maize germ oil 2,2 4,5
Cotton seed oil 3,3 4,4
Lard 2,7 4,7
Beef tallow 5,2 5,4
Hydrogenised fish oil 5,4 6,1
Note: The S-ranges are calculated in that way, that a foreign fat is only assumed, if
the limits of the individual formula are exceeded (see Table 4).
9. Quantitative foreign fat determination
In order to obtain quantitative information on the foreign fat concentra-
tion in a milk fat sample, the following formula is used
Xð%Þ¼ 100/C1jð100/C0SÞ=ð100/C0SFÞj; ð3Þ
X being the quantity of an unknown foreign fat or foreign fat mixture in
an unknown milk fat. S results from addition of an unknown foreign fat by
inserting the triglycerides of the foreign fat/milk fat mixture in the above
total triglyceride formula. If an unknown foreign fat is added to milk fat,the mean S-value of the different foreign fats for the Total formula ischosen for S
F; this mean S-value is obtained by inserting the triglyceride
data of the pure foreign fats in this formula and by calculating a mean
value (S F= 7,46). Good quantitative results concerning any foreign fat
additions are also obtained using the palm oil/beef tallow formula (Table2) and a mean S
F-value of 10,57.
With known foreign fat types the following S F-values must be inserted in
the above formula and the respective foreign fat formula from Table 2 hasto be chosen:
Table 5: S
F-values of various foreign fats
Foreign fat S F
Soybean oil 8,18
Sunflower oil 9,43
Olive oil 12,75
Coconut fat 118,13
Palm oil 7,55
Palm kernel oil 112,32
Rape-seed oil 3,30
Linseed oil 4,44
Wheat germ oil 27,45
Maize germ oil 9,29
Cotton seed oil 41,18
Lard 177,55!B1999R2771 — EN — 01.01.2000 — 000.002 — 30
Foreign fat S F
Beef tallow 17,56
Fish oil 64,12
10. Range of application of the detection method
The described method applies to bulk milks and is based on the
representativeness of the milk fat samples.
Highly specific detection would be possible, if, for a representative
number of milk fats, formulae as described above were derived fordifferent countries.
There could be particularly suited possibilities of detection obtained, if in
the different countries formulae, as have been described here, were set upof a representative number of milk fats. In this case, the use of complexcomputer programmes is not required, if the triglyceride combinations
used in Table 2 are applied and the factors redetermined by using the
method of least squares.
By applying the S-ranges as shown in Table 3 the formulae are, under
particular feeding conditions as, for instance, underfeeding or feeding ofcows with feed yeast or Ca-soaps, generally applicable. Only in the caseof extreme feeding conditions (e.g. high uptake of pure feed oils, high
administration of Ca-soaps combined with feed fat etc.) the formulae
partly indicate a modified milk fat.
Note: Fractionated milk fats are generally recognized as unmodified milk fat, if a
modification is assumed only, when the limits are exceeded. Only with fractionatedmilk fats with unusual milk fat composition, as it is, e.g., the case with a hardfraction, obtained with fractionation by physical methods at high temperatures ofapproximately 30 °C with low yields of a few percent or with fractionation withovercritical CO
2, the formulae indicate a modification.
Milk fat fractionation may, however, be detected using other procedures e.g.
Differential-Scanning-Calorimetry.
11. Accuracy of the method
Determined using milk fat on the basis of the formulae from Table 2 and
the S-ranges in Table 3.
11.1. Repeatability
As difference of the S-values of two determinations carried out within the
shortest feasible time interval by one operator using the same procedure
and identical sample material under the same conditions (same person,
same instruments/same device, same laboratory):
Table 6: Repeatability limits (r) for the different formulae
Formula for detection of r
Soyabean, sunflower, olive, rape-seed, linseed,
wheat germ, maize germ, cotton, fish oil0,67
Coconut and palm kernel fat 0,12
Palm oil and beef tallow 1,20
Lard 0,58
Total formula 1,49
11.2. Reproducibility
As difference of the S-values of two determinations carried out by
operators in different laboratories, according to the same procedure using
identical sample material under different conditions (different person,different instruments) at different times.!
B1999R2771 — EN — 01.01.2000 — 000.002 — 31
Table 7: Reproducibility limits (R) for the different formulae
Formula for detection of R
Soybean, sunflower, olive, rape-seed, linseed,
wheat germ, maize germ, cotton, fish oil1,08
Coconut and palm kernel fat 0,40
Palm oil and beef tallow 1,81
Lard 0,60
Total formula 2,07
11.3. Critical difference
With the repeatability (r) and the reproducibility limits (R) the critical
differences for all S-ranges of Table 3 can be calculated (duplicate
analyses). The respective values are given in Table 8.
Table 8: Critical differences for all triglyceride formulae
Formula for detection of range
Soybean, sunflower, olive, rape-seed, linseed,
wheat germ, maize germ, cotton, fish oil97,43 — 102,57
Coconut and palm kernel fat 99,14 — 100,86
Palm oil and beef tallow 94,91 — 105,09
Lard 97,65 — 102,35
Total formula 94,58 — 105,42
11.4. Acceptability of results
All calibrated with two rounded decimals calculated triglyceride contents
of C24, C26, C28 to C54 as well as cholesterol must be exactlynormalized to 100.
The results of the duplicate analysis is used as a check on the
repeatability. If the absolute difference between the two S-results for allfive triglyceride formulae do not transgress the repeatability limits r in
Table 6, then the repeatability requirement is met.
For control of optimal gas chromatographic conditions and especially of
the quality of the column it should be guaranteed that with 10 repetition
runs the difference of the maximum and minimum S-values of all five
triglyceride formulae do not transgress the range x.r, with x = 1,58 (for
10 runs, see literature (16)), and the repeatability limits r for the differentformulae in Table 6.
12. Quoted standards
DIN 10 336: 1994 Nachweis and Bestimmung von Fremdfetten
in Milchfett anhand einer gaschromatogra-
phischen Triglyceridanalyse
IDF Standard 1 C: 1987 Milk. Determination of Fat Content — Röse
Gottlieb Gravimetric Method
IDF Standard 16C: 1987 Cream. Determination of Fat Content —
Röse Gottlieb Gravimetric Method
IDF Standard 116A: 1987 Milk-Based Edible Ices and Ice Mixes.
Determination of Fat Content — RöseGottlieb Gravimetric Method
IDF Standard 22B: 1987 Skimmed Milk, Whey & Buttermilk. Deter-
mination of Fat Content — Röse GottliebGravimetric Method.
13. References
1. Commission of the European Communities: Detection of foreign
fats in milk fat by means of gas chromatographic triglycerideanalysis , Doc. No VI/5202/90-EN, VI/2645/91.!
B1999R2771 — EN — 01.01.2000 — 000.002 — 32
2. Commission of the European Communities: Control of butter fat
purity of 100 different samples of different feeding periods from
11 EEC countries ; Doc. No VI/4577/93.
3. Commission of the European Communities: Consideration of
results from the first, second, third, fourth, fifth and sixth EECcollaborative trial: Determination of triglycerides in milk fat ;
Doc. No VI/2644/91, VI/8.11.91, VI/1919/92, VI/3842/92, VI/
5317/92, VI/4604/93.
4. Timms, R. E.: Detection and quantification of non-milk fat in
mixtures of milk and non-milk fats . Dairy Research 47 295-303
(1980).
5. Precht, D., Heine, K.: Nachweis von modifiziertem Milchfett mit
der Triglyceridanalyse. 2. Fremdfettnachweis im Milchfett mitHilfe von Triglyceridkombinationen , 41 406-410 (1986).
6. Luf, W ., Stock, A., Brandl, E.: Zum Nachweis von Fremdfett in
Milchfett über die Trigylceridanalyse . Österr. Milchwirtsch.
Wissensch. Beilage 5, 42 29-35 (1987).
7. Precht, D.: Bestimmung von pflanzlichen Fetten oder tierischen
Depotfetten in Milchfett . Kieler Milchwirtsch. Forschungsber.
42 143-157 (1989).
8. Precht, D.: Schnelle Extraktion von Milchfett, Kieler Milch-
wirtsch . Forschungsber. 42 119-128 (1990).
9. Precht, D.: Schnelle gaschromatographische Triglyceridanalyse
von Milchfett . Kieler Milchwirtsch. Forschungsber. 42 139-154
(1900).
10. Precht, D.: Control of milk fat purity by gas chromatographic
triglyceride analysis . Kieler Milchwirtsch. Forschungsber. 43 (3)
219-242 (1991).
11. Precht, D.: Detection of adulterated milk fat by fatty acid and
triglyceride analysis . Fat Sci. Technol. 93 538-544 (1991).
12. Precht, D.: Detection for foreign fat in milk fat. I. Qualitative
detection by triacylglycerol formulae. II. Quantitative evaluationof foreign fat mixtures . Z. Lebensm. Unters. Forsch. 194 1-8, 107-
114 (1992).
13. Precht, D.: Gas chromatography of triacylglycerols and other
lipids on packed columns in CRC Handbook of Chromatography:
Analysis of lipids, p. 123-138, Ed. K.D. Mukherjee, N. Weber, J.Sherma, CRC Press, Boca Raton (1993).
14. Precht, D., Molkentin, J.: Quantitative triglyceride analysis using
short capillary columns , Chrompack News 4 16-17 (1993).
15. Molkentin, J., Precht, D.: Comparison of packed and capillary
columns for quantitative gas chromatography of triglycerides in
milk fat . Chromatographia 39 (5/6) 265-270 (1994).
16. Stange, K.: Angewandte Statistik, Erster Teil, Eindimensionale
Probleme , Springer-Verlag, Berlin, P . 378 (1970).!
B1999R2771 — EN — 01.01.2000 — 000.002 — 33
ANNEX III
SENSORY EV ALUATION OF BUTTER
1. Scope
The purpose of this procedure for sensory evaluation of butter is to provide
a uniform method applicable in all Member States.
2. Definitions
Sensory evaluation (assessment) means the examination of the attributes of
a product by the sense organs.
Panel means a group of selected assessors working, during the assessment,
without intercommunication, and without influencing one another.
Scoring means sensory evaluation by a panel, using a numerical scale. A
nomenclature of defects must be used.
Grading means a quality classification which is performed on the basis of
scoring.
Control documents : documents used to record the individual scores for
each attribute and the final grade of the product. (This document may also
be used to record chemical composition.)
3. Test room
3.1. Precautions must be taken in order that the assessors in the test room are
not influenced by external factors.
3.2. The test room must be free from foreign odours and easy to clean. The
walls must be of a light colour.
3.3. The test room and its lighting must be such that the properties of the
products to be scored are not affected. The room must be equipped withappropriate temperature control.
4. Selection of assessors
The assessor must be familiar with butter products and be competent to
carry out sensory grading. His competence should be assessed on a regularbasis (at least once a year) by the competent authority.
5. Requirements for the panel
The number of assessors in the panel should be uneven, the minimum
number being three. The majority must be employees of the competentauthority or authorized persons not employed by the dairy industry.
6. Assessment of the value of each attribute
6.1. The sensory evaluation is to be carried out in relation to the following
three attributes: appearance, consistency and flavour.
Appearance involves the following features: colour, visible purity, mould
growth and water dispersion. Water dispersion is tested according to IDF-
Standard 112A/1989.
Consistency involves the following features: firmness and spreadability.
Physcial methods may be applied for the evaluation of butter consistency.
The Commission envisages the future harmonization of these methods.
Flavour involves the following features: taste and odour.
A significant deviation from the recommended temperature prevents a
reliable evaluation of consistency and flavour. The temperature is of
paramount importance.
6.2. Each attribute has to be sensory evaluated separately. The scoring has to be
done according to table 1.
6.3. It may be desirable for the assessors to score together, before starting the
assessment, one or more reference samples for appearance, consistency
and flavour, in order to achieve uniformity.
6.4. Scoring for acceptance is as follows:!
B1999R2771 — EN — 01.01.2000 — 000.002 — 34
Maximum Required
Appearance 5 4
Consistency 5 4
Flavour 5 4
Where the required score is not obtained, a description of the defect has to
be given. The score given by each assessor for each attribute must berecorded in the control document. The product is accepted or rejected onthe basis of a majority decision. Cases where differences between the
individual scoring for each attribute are wider than adjacent points should
not occur frequently (not more than once per 20 samples). Otherwise thecompetence of the panel should be checked by the panel leader.
7. Supervision
A panel leader who must be an official employee of the competent
authority and may be a member of the panel must be generally responsiblefor the entire procedure. He must record the individual scores for each
attribute in the control document and certify whether the product is
accepted or rejected.
8. Sampling and preparation of the sample
8.1. — It is desirable that the identity of the samples are concealed during the
assessment so that any possible bias is avoided.
— This should be organized by the panel leader prior to the evaluation
without the presence of the other panel members.
8.2. When the sensory evaluation is carried out at the cold store, the sample is
taken using a butter trier. If the sensory evaluation is carried out at another
location other than the cold store, then at least a 500 g sample should be
taken.
8.3. During the evaluation, the butter should have the temperature 10 to 12 °C.
Large deviations should be avoided at all cost.
9. Nomenclature
Refer to the appended table 2.!
B1999R2771 — EN — 01.01.2000 — 000.002 — 35
Table 1: Butter scoring
Appearance
Points No (1) Remarks
5 V ery good
ideal type highest quality (equal dry)
4 Good (2)
No evident defects
3 Fair (slight defects)
1 loose (free), moisture
2 not uniform, two coloured
3 streaky
4 mottled, marbled
5 speckled
6 oil separation
7 overcoloured
8 weak, open texture
2 Poor (evident defects)
1 loose (free) moisture
3 streaky
4 mottled, marbled
5 speckled
6 oil separation
10 foreign matter
11 mouldy
12 undissolved salt
1 V ery poor (strong defects)
1 loose (free) moisture
3 streaky
4 mottled, marbled,
5 speckled
6 oil separation
7 overcoloured
9 granular
10 foreign matter
11 mouldy
12 undissolved salt!B1999R2771 — EN — 01.01.2000 — 000.002 — 36
Consistency
Points
(quality
class)No (1) Remarks
5 V ery good
ideal type highest quality (well spreadable)
4 Good (2)
17 hard
18 soft
3 Fair (slight defects)
14 short, brittle, crumbly
15 pasty, doughy, greasy
16 sticky
17 hard
18 soft
2 Poor (evident defects)
14 short, brittle, crumbly
15 pasty, doughy, greasy
16 sticky
17 hard
18 soft
1 V ery poor (strong defects)
14 short, brittle, crumbly
15 pasty, doughy, greasy
16 sticky
17 hard
18 soft!B1999R2771 — EN — 01.01.2000 — 000.002 — 37
Flavour + aroma
Points
(quality
class)No (1) Remarks
5 V ery good
ideal type highest quality (absolutely pure finest
aroma)
4 Good (2)
No evident defects
3 Fair (sligh defects)
21 unclear
22 foreign flavour
25 acid
27 cooked flavour, scorched flavour
33 feed flavour
34 coarse, bitter
35 oversalted
2 Poor (evident defects)
21 unclean
22 foreign flavour
23 stale
25 acid
32 oxidized flavour, metallic flavour
33 feed flavour
34 coarse, bitter
35 oversalted
36 musty-flat, putrid
38 chemical flavour
1 V ery poor (strong defects)
22 foreign flavour
24 cheesy, lactic cheese flavour
25 acid
26 yeasty
28 mouldy flavour
29 rancid
30 oily, fishy
31 tallowy
32 oxidized flavour, metallic flavour
34 coarse, bitter
36 musty-flat, putrid
37 malty
38 chemical flavour
(1)Table 2.
(2)The defects mentioned under ‘good’ are only very small deviations from the
ideal type.!B1999R2771 — EN — 01.01.2000 — 000.002 — 38
Table 2: Table of butter defects
I. Appearance
1. loose (free), moisture2. not uniform, two coloured
3. streaky
4. mottled, marbled5. speckled6. oil separation
7. overcoloured
8. weak (open texture)9. granular10. foreign matter
11. mouldy
12. undissolved salt
II. Consistency
14. short, brittle, crumbly15. pasty, doughy, greasy16. sticky
17. hard
18. soft
III. Flavour & Aroma
20. without flavour21. unclean (
1)
22. foreign flavour
23. stale
24. cheesy, lactic cheese flavour25. acid26. yeasty
27. a) cooked flavour
b) scorched flavour
28. mouldy flavour
29. rancid30. oily, fishy31. tallowy
32. a) oxidized flavour
b) metallic flavour
33. feed flavour
34. coarse, bitter35. oversalted36. musty-flat, putrid
37. malty
38. chemical flavour!
B
(1) This designation should be used as seldom as possible and only when the defect cannot
be described more accurately.1999R2771 — EN — 01.01.2000 — 000.002 — 39
ANNEX IV
SAMPLING FOR CHEMICAL AND MICROBIOLOGICAL ANAL YSIS
AND SENSORY EV ALUATION
1. Chemical and microbiological analysis
Quantity of butter
(kg)Minimum number of samples ( 4100 g)
41 000 2
41 00045 000 3
45 000410 000 4
410 000 415 000 5
415 000 420 000 6
420 000 425 000 7
425 000 7 + 1 per 25 000 kg or part thereof
Sampling for microbiological analysis must be carried out aseptically.
Up to five samples of 100 g may be combined into one sample for analysis
after thorough mixing.
The samples must be taken randomly from different parts of the offered
quantity and tested before or at the time of entry into the cold storedesignated by the intervention agency.
Preparation of composite butter sample (chemical analysis):
(a) using a clean, dry butter trier or similar suitable instrument, extract a
core of butter of at least 30 g and place in a sample container. The
composite sample must then be sealed and forwarded to the laboratoryfor analysis;
(b) at the laboratory the composite sample is to be warmed in the original
unopened container to 30 °C and shaken frequently until a homogeneousfluid emulsion free of unsoftened pieces is obtained. The container
should be one half to two thirds full.
Two samples per year per producer offering butter for intervention must be
analysed for non-milk fat and one sample for tracers.
2. Sensory evaluation
Quantity of butter
(kg)Minimum number of samples
1 00045 000 2
45 000425 000 3
425 000 3 + 1 per 25 000 kg or part thereof
The samples are to be taken randomly from different parts of the offered
quantity between the 30th and the 45th day following take-over of the butter
and graded.
Each sample must be assessed individually in accordance with Annex III. No
resampling or re-evaluation is allowed.
3. Guidelines to be followed where samples show defects:
(a) chemical and microbiological analysis:
— where individual samples are analysed, one sample showing a single
defect out of five to 10 samples or two samples each showing a
single defect out of 11 to 15 samples may be allowed. Where a
sample shows a defect, two new samples must be taken from eitherside of the sample showing the defect and checked for the parameterin question. Where neither sample meets the specification, the
quantity of butter between the original two samples on either side of
the sample showing the defect must be rejected from the quantityoffered.
Quantity to be rejected where the new sample shows a defect:!
B1999R2771 — EN — 01.01.2000 — 000.002 — 40
— where composite samples are analysed and found to show defects in
respect of one parameter, the quantity represented by the composite
sample concerned is to be rejected from the quantity offered. Thequantity represented by one composite sample may be determinedby subdividing the quantity offered before samples are taken
randomly from each part thereof;
(b) sensory evaluation:
where a sample fails the sensory evaluation, the quantity of butter
between two neighbouring samples on either side of the sample failing isto be rejected from the quantity offered;
(c) where samples show a sensory defect and either a chemical or a
microbiological defect, the whole quantity is to be rejected.!
B1999R2771 — EN — 01.01.2000 — 000.002 — 41
ANNEX V
NATIONAL QUALITY CLASS
— ‘beurre de laiterie; qualité extra; melkerijboter, extra kwaliteit’ as regards
Belgian butter,
— ‘smør of første kvalitet’ as regards Danish butter,
— ‘Markenbutter’ as regards German butter,
— ‘pasteurisé A’ as regards French butter,— ‘Irish creamery butter’ as regards Irish butter,— ‘produced exclusively from cream which has been subjected to centrifugal
and pasteurizing treatment’ as regards Italian butter,
— ‘Marque Rose’ or ‘Beurre de première qualité’ as regards Luxembourg butter,
— ‘Extra kwaliteit’ as regards Dutch butter,
— ‘Extra selected’ as regards Great Britain butter and ‘premium’ as regards
Northern Ireland butter,
— ‘produced exclusively from cream which has been subjected to centrifugal
and pasteurizing treatment’ as regards Greek butter,
— ‘produced exclusively from pasteurized cow’ s milk or cream’ as regards
Spanish butter,
— ‘produced exclusively from pasteurized cow’ s milk or cream’ as regards
Portuguese butter,
— ‘Teebutter’ as regards Austrian butter,— ‘perinteinen meijerivoi — traditionellt mejerismör’ as regards Finnish butter,
— ‘svenskt smör’ as regards Swedish butter,!
B
!C1
!B
!C11999R2771 — EN — 01.01.2000 — 000.002 — 42