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"BCOMMISSION REGULATION (EEC) No 2921/90
of 10 October 1990
on aid for the production of casein and caseinates from skimmed milk
(OJ L 279, 11.10.1990, p. 22)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 1768/91 of 21 June 1991 L 158 49 22.6.1991
"M2 Commission Regulation (EEC) No 1939/92 of 14 July 1992 L 196 17 15.7.1992
"M3 Commission Regulation (EEC) No 140/93 of 27 January 1993 L 19 15 28.1.1993
"M4 Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2.7.1993
"M5 Commission Regulation (EC) No 1368/95 of 16 June 1995 L 133 4 17.6.1995
"M6 Commission Regulation (EC) No 2547/95 of 30 October 1995 L 260 47 31.10.1995
"M7 Commission Regulation (EC) No 257/1999 of 3 February 1999 L 30 19 4.2.1999
"M8 Commission Regulation (EC) No 2501/1999 of 26 November
1999L 304 13 27.11.1999
Corrected by:
"C1 Corrigendum, OJ L 64, 8.3.1994, p. 31 (2921/90)
"C2 Corrigendum, OJ L 66, 10.3.1994, p. 34 (2921/90)
"C3 Corrigendum, OJ L 40, 13.2.1999, p. 52 (257/1999)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1990R2921 — EN — 04.12.1999 — 009.001 — 1
COMMISSION REGULATION (EEC) No 2921/90
of 10 October 1990
on aid for the production of casein and caseinates from skimmed
milk
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968
on the common organization of the market in milk and milk products (1),
as last amended by Regulation (EEC) No 3879/89 (2), and in particular
Articles 11 (3) and 28 thereof,
Whereas Council Regulation (EEC) No 987/68 (3), as last amended by
Regulation (EEC) No 1435/90 (4), lays down general rules on aid for the
processing of skimmed milk into casein and caseinates; whereas detailed
provisions for the application of these rules were adopted in Commission
Regulation (EEC) No 756/70 (5), as last amended by Regulation (EEC)
No 2832/90 (6);
Whereas Regulation (EEC) No 756/70 contains a number of provisions
on final use verification of casein and caseinates in connection with the
application of Article 2 (4) of Regulation (EEC) No 987/68; whereas
pursuant to Article 6 of Council Regulation (EEC) No 2204/90 (7) the
latter provision will no longer be applicable from 15 October 1990;
whereas the relevant provisions of Regulation (EEC) No 756/70 should
therefore be repealed with effect from that date;
Whereas experience indicates that provisions on surveillance, in
particular with regard to the frequency and type of inspection to be
carried out on the spot and on the penalties for non-compliance with the
conditions laid down for the granting of aid, should be specified;
whereas in view of the abovementioned changes to be made in the aid
arrangements the detailed rules of application should be regrouped in a
new Regulation and Regulation (EEC) No 756/70 repealed;
Whereas the Management Committee for Milk and Milk Products has
not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Aid shall be granted to producers of casein and caseinates only if
these products
— have been produced from skimmed milk of Community origin or raw
casein extracted from milk of Community origin,
— meet the composition requirements of Annex I, II or III,
— are packaged as stipulated in Article 3.2. Aid shall be paid on the basis of a written application to the
competent authority stating:
(i) the producer’ s name and address,!B
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 378, 27. 12. 1989, p. 1.
(3) OJ No L 169, 18. 7. 1968, p. 6.
(4) OJ No L 138, 31. 5. 1990, p. 8.
(5) OJ No L 91, 25. 4. 1970, p. 28.
(6) OJ No L 268, 29. 9. 1990, p. 85.
(7) OJ No L 201, 31. 7. 1990, p. 7.1990R2921 — EN — 04.12.1999 — 009.001 — 2
(ii) the quantity of casein or caseinates covered by the application and its
quality,
(iii) the relevant production batch numbers.3. For the purposes of this Regulation a production batch must consist
of products of identical quality made on the same day. However, where
the total production of casein and caseinates of the establishment
concerned during the previous calendar year did not exceed 1 000
tonnes, the production batch may consist of products made during the
same calendar week.
Article 2
1. The aid per 100 kilograms of skimmed milk processed into casein or
caseinates as referred to in paragraph 2 shall be
"M8EUR 6,42 3.
2. For calculation of the aid it shall be considered that:(a) one kilogram of acid casein as defined in Annex I was produced
from 32,17 kilograms of skimmed milk;
(b) one kilogram of:
— caseinate as defined in Annex I
or
— rennet-casein as defined in Annex I
or
— acid casein as defined in Annex IIwas produced from 33,97 kilograms of skimmed milk;
(c) one kilogram of:
— rennet-casein as defined in Annex II
or
— caseinate as defined in Annex IIwas produced from 35,77 kilograms of skimmed milk;
"M5(d)3one kilogram of caseinate as defined in Annex III was
produced from 28,57 kilograms of skimmed milk.
3. Aid shall be granted at the rate applicable on the day of production of
the casein or caseinates.
Article 3
Containers and packages of caseins and caseinates must show:
(a) the description of the product and either the minimum or maximum
or the actual percentage content of components indicated in Annexes
I, II and III. "M5The description to be shown on products as
referred to in Annex III shall be as follows:
‘Caseinates containing more than 5 % but not more than 17 %,
calculated on the total milk protein content, of simultaneously
precipitated milk protein other than casein’; 3
(b) the words ‘Regulation (EEC) No 2921/90’;!B
!M5
!B
!M5
!B
!M4
!B1990R2921 — EN — 04.12.1999 — 009.001 — 3
(c) the production batch number.
Article 4
1. Producers may not receive the aid unless they:
(a) keep monthly abstracts of the quantities of milk and milk products,
including casein and caseinates, delivered, produced, used and
disposed of;
(b) submit to surveillance by the competent authority.
2. Monthly abstracts referred to in paragraph 1 (a) shall cover at least
the following:
(a) entries of milk and cream;(b) purchases of raw casein;
(c) purchases of casein and caseinates;
(d) quantities of casein and caseinates produced, identified by
production batch number, with date of production;
(e) quantities of other milk products produced;(f) quantities of casein and caseinates sold, with date of sale and name
and address of the recipient;
(g) losses, samples and quantities returned and replaced of milk, milk
products, casein and caseinates.
The abstracts shall be supported in particular by delivery notes, invoices
and the undertaking’s records.
Article 5
1. To ensure that the provisions of this Regulation are complied with
Member States shall carry out unannounced on-the-spot inspections to be
decided on the basis of the establishment’s production schedule. At least
one inspection per period of seven production days shall be made.
The inspections shall involve the taking of samples from each production
batch and shall cover the conditions of production, quantity and
composition of the casein and caseinates produced.
2. The inspection referred to in paragraph 1 shall be supplemented, at
intervals depending on the quantity of casein and caseinates produced, by
thorough scrutiny and sampling in order to reconcile the information
given in the aid application and the monthly abstract referred to in
Article 4 with relevant commercial documents and product stocks
actually held.
These further checks must cover at least 25 % of the total quantity
covered by aid applications and each establishment must be checked at
least once every six months.
3. Should
(a) significant irregularities affecting 5 % or more of the aid operations
checked,
(b) significant discrepancies by comparison with the recipient’s previous
operations
be discovered, the Member State shall intensify the inspection operations
provided for in paragraph 2 and immediately inform the Commission.
4. Member States shall recover sums wrongly paid out, plus interest.
The interest rates to be applied shall be those fixed pursuant to Article 3
or 4 of Commission Regulation (EEC) No 411/88 (
1) and shall be
calculated from the date of payment of the aid.!B
(1) OJ No L 40, 13. 2. 1988, p. 25.1990R2921 — EN — 04.12.1999 — 009.001 — 4
5. Except in cases of force majeure , if a check reveals that the aid
applied for or paid is higher than that actually due under the provisions of
this Regulation:
— it shall be reduced by 15 % if the difference is less than 8 % and by
50 % if the difference is between 8 % and 20 %. If it has already
been paid, 15 % or 50 % of the amount, as appropriate, must be
repaid,
— no aid shall be granted, or all aid shall be repaid, if the difference is
more than 20 %.
6. If the check shows that the difference referred to in paragraph 5
stems from an error in the application made either deliberately or by
gross negligence, the applicant shall be debarred from aid for six months
from the date of notification of such exclusion.
Article 6
Regulation (EEC) No 756/70 is hereby repealed.
Securities lodged under the second indent of the first subparagraph of
Article 4 (1) (b) of that Regulation shall be released as soon as the
Member State has introduced the control arrangements specified in
Article 3 of Regulation (EEC) No 2204/90 and issued the authorizations
specified in Article 1 of Commission Regulation (EEC) No 2742/90 (1)
and for those quantities which, on 14 October 1990, have not yet reached
the destinations specified in the second and third indents of the first
paragraph of Article 1 of Regulation (EEC) No 756/70. "M1
3
Where the destinations referred to in the second paragraph have been
reached by 14 October 1990, those concerned shall obtain release of the
guarantees by submitting to the competent authority an application
accompanied by the following supporting documents which must show
the exact quantities of casein and caseinates involved and give the
relevant production batch numbers:
— for exports: proof that the casein or caseinates concerned have left
the customs territory of the Community,
— for deliveries to an establishment bound by the undertaking referred
to in Article 4 (5) of Regulation (EEC) No 756/70: copy of the
shipping document and/or delivery note and a copy of the invoice.
The competent authority shall only accept the application referred to in
the third paragraph on condition that it includes a commitment by the
person concerned to pay to the competent authority a sum equal to the
securities released if it is discovered, during any control that the public
authorities may carry out during the 12 months following the date of
signature of the commitment, that the caseins or caseinates concerned
had a destination other than that indicated in the supporting documents
submitted in accordance with the third paragraph.
To facilitate administration of the release of guarantees, Member States
shall, where required, assist in identifying the establishments bound by
the commitment referred to in Article 4 (5) of Regulation (EEC) No
756/70 located on their territory.
At the request of the parties concerned the time limits of 12 months and
three years specified in Article 28 of Regulation (EEC) No 2220/85 may
be raised to 18 months and 42 months respectively.
Article 7
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .!B
(1) OJ No L 264, 27. 9. 1990, p. 20.!M1
!M2
!B1990R2921 — EN — 04.12.1999 — 009.001 — 5
!M1
It shall apply to casein and caseinates produced from 15 October 1990,
subject to the provisions of Article 6.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1990R2921 — EN — 04.12.1999 — 009.001 — 6
ANNEX I
Composition requirements
Caseins and caseinates indicated below shall have a milk protein content other
than casein not exceeding 5 % of total milk protein content
I. Acid casein
1. Maximum moisture content 12,00 %
2. Maximum fat content 1,75 %
3. Free acids, expressed as lactic acid (maximum) 0,30 %
II. Rennet-casein
1. Maximum moisture content 12,00 %
2. Maximum fat content 1,00 %
3. Minimum ash content 7,50 %
III. Caseinates
1. Maximum moisture content 6,00 %
2. Minimum content in milk protein substances 88,00 %
3. Maximum fat and ash content 6,00 %!B1990R2921 — EN — 04.12.1999 — 009.001 — 7
ANNEX II
Composition requirements
Casein and caseinates indicated below shall have a milk protein content other than
casein not exceeding 5 % of total milk protein content.
Acid casein Rennet-casein
I. Caseins
1. Maximum moisture content 10,00 % 8,00 %
2. Maximum fat content 1,50 % 1,00 %
3. Free acids expressed as lactic
acids — maximum0,20 % —
4. Minimum ash content — 7,50 %
5. Total bacterial count (maximum
in 1 g)30 000 30 000
6. Coliforms (in 0,1 g) absence absence
7. Thermophilic bacterial count
(maximum in 1 g)5 000 5 000
II. Caseinates
1. Maximum moisture content 6,00 %
2. Minimum content in milk protein
substances88,00 %
3. Maximum fat and ash content 6,00 %
4. Total bacterial count (maximum
in 1 g)30 000
5. Coliforms (in 0,1 g) absence
6. Thermophilic bacterial count
(maximum in 1 g)5 000!B1990R2921 — EN — 04.12.1999 — 009.001 — 8
ANNEX III
COMPOSITION REQUIREMENTS
Caseinates with a milk protein content not including casein of not more than
17 % of total milk protein content
1. Maximum moisture content 6,00 %
2. Minimum total milk protein content 85,00 %
3. Maximum fat content 1,50 %
4. Maximum lactose content 1,00 %
5. Maximum ash content 6,50 %
6. Total bacterial count (maximum in 1 g) 30 000
7. Coliforms (in 0,1 g) None
8. Thermophilic bacterial count (maximum in 1 g) 5 000!M51990R2921 — EN — 04.12.1999 — 009.001 — 9
ANNEX IV
CONTROL
(a) Method of analysis
For the purpose of applying this Regulation, the reference methods set out
in the first Commission Directive 85/503/EEC of 25 October 1985 onmethods of analysis for edible caseins and caseinates as listed below arebinding:
1. determination of moisture content (expressed as water),2. determination of protein content (proteins),3. determination of titratable acidity (free acidity),
4. determination of ash (including P
2O5).
(b) Definitions
1. Fat content
‘Fat content’ means the quantity of total substance obtained by the
Schmid-Bondzjnski-Ratzlaff method or the Röse-Gottlieb method,expressed as a percentage weight.
2. Milk protein content other than casein
‘Milk protein content other than casein’ means the content
determined by measuring the -SH and -S-S- groups linked with
proteins, the reference values being 0,25 % and 3 % respectively
for pure casein and whey protein.
3. Lactose content
‘Lactose content’ means the content determined by colour reaction
with a solution of sulphuric phenol after breakdown of the productin a medium of sodium bicarbonate and after separation of thewhey by precipitation of the protein in an acid medium.
4. Total bacterial count
‘Total bacterial count’ means the content determined by counting
the colonies developed on a culture medium after incubation for 72
hours at a temperature of 30 °C.
5. Coliforms
‘Absence of coliforms’ in 0,1 grams of the product means the
negative reaction obtained on a culture medium after incubation for
24 hours at a temperature of 30 °C.
6. Thermophilic bacterial count
‘Thermophilic bacterial count’ means the content determined by
counting the colonies developed on a culture medium afterincubation for 48 hours at a temperature of 55 °C.
(c) Sampling
Samples shall be taken in accordance with the procedure laid down in
International Standard ISO 707; however, Member States may use another
method of sampling provided that it complies with the principles of the
abovementioned standard.!
B1990R2921 — EN — 04.12.1999 — 009.001 — 10