Proposal for a COUNCIL REGULATION ( EEC ) laying down marketing standards for certain milk and non-milk fats and fats composed of plant and animal products
Date: 1992-01-22
Institutions: European Commission
Subjects: animal fats, labelling, marketing standard, milk product, product quality, vegetable fats

S S I ON  OF  THE  EUROPEAN  COIvMUNITIES 

COM(91) 462 final 

Brussels, 22 January  1992 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

aying down marketing  standards  for  certain milk and 

non-milk  fats and  fats composed  of  plant  and 

animai  products 

(presented  by  the  Commission) 

- 2 -

EXPLANATORY  MEMORANDUM 

Background 

1. 

The  purpose of  this Regulation  is to  lay down  general  Community  rules on 

the  definition,  classification, designation  and  placing  on  the market  of 

fats for use as spreads competing on the market. 

These Community  rules have been drawn up to help achieve  the objectives of 

the  common  agricultural  policy,  i.e. ensure  the  stability  of  the markets 

and a fair standard of  living for  the agricultural  population.  One of the 

instruments of  this policy  is the  laying-down  of marketing  and/or  quality 

standards,  provision  for  which  is  made  for  several  oils  and  fats  in 

regulations on the market organization. 

However,  the  purpose of  this Regulation  is also  to protect  the consumer, 

enabling him to make a choice  in full  knowledge of the facts. 

The  proposal  is based  on  the  principle  that,  in order  to  be  effective, 

Community  legislation must  cover  all  the products  competing  on  the market 

which  are  comparable  on  the  basis  of  certain  characteristics.  It  also 

takes account  of  the  fact  that  some Member  States have  just  introduced or 

are  about  to  introduce  divergent  national  provisions  in  the  absence  of 

Community  rules.  In some  cases  they  are  about  to broaden  the  definition 

of some oils and  fats which have already been manufactured  for a  long time 

(butter  and margarine). 

2. 

The  rapid  development  of  production  methods  has  led  to  a  wide 

diversification of products placed on the market,  in particular  as regards 

low-fat  products, and  has promoted  the marketing of  products  in which  the 

milk fat has been substituted by other substances. 

-  3 -

As  has  been  pointed  out  by  the  Commission  in  its  reports  on  the 

development  of  the market  in milk  products  and  competing  products  in  1989 

and  1990(1),  this  development  has  led  to  a  rapid  fall  in  the  consumption 

of  butter  in  the  Community.  The  results  are  difficulties  in disposing  of 

milk  and  especially  milk  fats,  which  threaten  the  stability  of  the  miik 

product  market. 

Without  restricting  the  development  of  new  products  and  consumer  choice, 

it  seems  possible  to  stop  the  fall  in  milk  product  consumption  and 

stabilize  the  market  by  establishing,  for  all  competing  products,  a  clear 

and  distinct  classification  accompanied  by  rules  on  designation  based  on 

the  fat  content  for  all  competing  products. 

3. 

This  is  a  satisfactory  solution  from  the  point  of  view  of  consumer 

protection  because  it  will  provide  the  consumer  with  the  information  he 

needs  to  make  a  choice.  It  will  avoid  any  confusion  about  the  nature  of 

the  various  products  resulting  from  the  use  of  misleading  designations, 

labelling, presentation  and/or  advertising. 

In  addition,  such  a  framework  of  Community  rules  and  labelling  will 

contribute  to  the  development  of  trade under  fair  competition  conditions. 

4. 

In  view  of  the  needs  of  the  common  agricultural  policy  and  consumer 

protection  policy, Community  rules  should  be  adopted. 

(1) Report  dated  29 September  1989  (SEC(89) 1537  final  and  report  dated 

8  June  1990  (SEC(90) 1092  final). 

- 4 -

The provisions 

1. 

Article 1 defines the scope.  The Regulation  lays down marketing  standards 

for  yellow  fats of  a  fat  content  of  between  20% and 95% of  total  weight 

intended for human consumption. 

This  Article  also  refers  to  Annex  I which  includes  a  definition  of  a 

number  of milk  raw materials used principally  in the production of yellow 

fats. 

2. 

Article 2 restricts the  trade descriptions  referred  to  in Annex  ii to the 

products  described  therein.  It  prohibits  the  placing  on  the  market  for 

final  consumption  of  products which  do  not  meet  the  requirements  defined 

therein. 

3. 

Article 3 provides for the adoption of rules on packaging. 

4. 

Article 4  contains  special  provisions  on  the  labelling  of  products 

intended  for  supply  or  transfer  to  the  end  consumer.  This  concerns  in 

particular  the  indication of  fat content  levels. 

5. 

Article 5  lays  down  special  provisions  on  the  labelling  of  products  not 

intended  to be supplied or  transferred  to the ultimate consumer. 

6. 

Article  6  authorizes  the  Member  States  to  adopt  or  maintain  quality 

standards at national  level. 

7. 

Article 7  contains  provisions  on  the  importation  of  products  from  non-

member  countries. 

-  5 -

8. 

Article 8  allows  the  Annexes  to be  amended  to  take  account  of  scientific 

and  technical  progress. 

9. 

For  any  amendment  of  the  Annexes  and  the  adoption  of  detailed  rules  of 

application,  this Regulation  stipulates  the management  committee  procedure 

provided  for  in  the  basic  regulations  on  the  common  organization  of  the 

markets  in milk  and oils and  fats  (Articles 9 and 10). 

10. 

Article  11  requires  Member  States  to  penalize  infringements  of  this 

Regulation and  to  inform  the Commission  thereof. 

11. 

Article  12 contains various  transitional  provisions. 

- 6 -

Proposal  for a 

COUNCIL REGULATION  (EEC) 

laying down marketing standards for certain milk and 

non-milk  fats and fats composed  of plant  and 

animal  products 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty establishing  the European Economic Community,  and in 

particular Article 43 thereof, 

Having  regard  to the proposal  from  the Commission^1), 

Having  regard  to the opinion of  the European Par Iiament^2), 

Having  regard  to the opinion of the Economic and Social  Committee^3*, 

Whereas Article 27 of Council  Regulation  (EEC) No 804/68 of 27 June 1988 on the 

common organization of  the market  in milk and milk products^4), as  last amended 

by Regulation  (EEC) No 1630/91<5), provides that quality  standards should be 

adopted,  in particular  for butter; 

Whereas, moreover,  Articles 35a  and  36 of Council  Regulation No 136/66/EEC of 

22 September  1966 on the establishment of a common organization of  the market  in 

oils and  fats<6), as  last amended by Regulation  (EEC) No 1720/91*7), provide 

for  the establishment of marketing standards for all  products  in that sector; 

whereas these standards, especially  in the case of margarine, may  in particular 

relate to quality classification, taking account  of marketing  requirements and 

the special  position of  these products; 

(1) 
(2) 
(3) 
(4) OJ No L 148, 28.6.1968, p. 13. 
(5) OJ No L 150, 16.6.1991, p. 19. 
(6) OJ No 172, 30.9.1966, p. 3025/66. 
(7) OJ No L 162, 20.6.1991, p. 27. 

-  7  -

Whereas  the  development  of  production  techniques  and  the  expectations  of 

consumers  have  resulted  in  increasing  diversification  of  the  market  in  solid 

fats  intended  for  human  consumption;  whereas  fats  composed  of  various  fats 

including  milk  fats  have  benefited  in particular  from  this, with  the  result  that 

global  consumption  of  butter  has  fallen; 

Whereas  the  aforementioned  products  must  be  deemed  to  be  competing  products, 

being  comparable  from  the  point  of  view  of  certain  characteristics,  in 

particular  appearance  and  use; 

Whereas  the  laying  down  of  marketing  standards  for  the  milk  and  non-milk 

products  concerned  with  a clear  and  distinct  classification  accompanied  by  rules 

on  designation  will  accordingly  ensure  the  stability  of  the  agricultural  markets 

in question  and  contribute  to  the establishment  of  a  fair  standard  of  living  for 

the  agricultural  population-, 

Whereas  the  main  aspect  of  the  products  is  their  fat  content;  whereas  the 

products  with  a  fat  content  of  between  20% and  95% by  weight  intended  for  human 

consumption  make  up  the  great  majority  of  products  on  the  market,  and  in 

particular  of  products  intended  for  the  ultimate  consumer; 

Whereas  a  solution  laying  down  a  uniform  classification  for  all  the  products 

involved  will  make  it  easier  for  the  consumer  to  choose  between  products  which, 

on  the  one  hand,  are  comparable  as  regards  fat  content  in  general  but,  on  the 

other  hand,  differ  as  regards  the  plant  and/or  animal  fats  used; 

Whereas  the  scope  of  the  Regulation  must  be  extended  to  ail  competing  products 

with  a  fat  content  of  between  20%  and  95%  by  total  weight  intended  for  supply 

without  further  processing  to  the  ultimate  consumer; 

- 8 -

Whereas  the  possibility  of  manufacturing  products  with  various  fat  contents 

should  be maintained  and,  in order  to avoid  confusing  the consumer, and  in view 

of  experience  gained  in  the  milk  sector,  the  terms  "butter"  and  "margarine" 

should  be used  solely  for  certain  categories of products with  a clearly  defined 

fat content; 

Whereas, moreover,  such  a  framework  of  Community  rules will  contribute  towards 

the development  of  trade under  conditions of  fair competition; 

Whereas,  in  order  to  achieve  the  desired  clarity,  designations  for  all  the 

products concerned  should be  laid down; whereas the reduction  in the fat content 

must  appear  in the designation; 

Whereas  this  Regulation  does  not  prejudice  any  future  proposals  by  the 

Commission  regarding  attributes claimed; 

Whereas, as a result, provision  should  be made  that only  those products meeting 

the  requirements  of  this  Regulation  may  be  supplied  for  final  consumption; 

whereas  the  designations  provided  for  by  legislation  in  the  Member  States  for 

products  not  having  a  fat  content  of  between  20%  and  95%  by  weight  are  not 

called  into question by this Regulation; 

Whereas this Regulation must  apply without  prejudice  to Council  Regulation  (EEC) 

No  1898/87  of  2  July  1987  on  the  protection  of  designations  used  in  the 

marketing  of  milk  and  milk  products^8*,  as  amended  by  Regulation  (EEC) 

No 222/88(9),  as 

lQ  a|SO  the  case  with  regard  to  Community  legislation  in the 

veterinary  and  foodstuffs  sectors aimed  at ensuring  compliance with  hygiene and 

labelling standards for foodstuffs; 

(8) OJ No L 182, 3.7.1987, p. 36. 
(9) OJ No L 28, 1.2.1988, p. 1. 

- 9 -

Whereas  it  is  necessary  to  adopt  certain  provisions  additional  to  those  laid 

down  in Council  Directive 79/112/EEC of  18 December  1978 on the approximation of 

the  laws  of  the  Member  States  relating  to  the  labelling,  presentation  and 

advertising 

of 

foodstuffs^10), 

as 

last 

amended 

by 

Commission 

Directive 91/72/EEC^11) ; whereas  this  involves,  in  particular,  the  indication 

of  the  total  fat  content  and certain  fat  constituents composed  of  various plant 

and animal  fats; 

Whereas,  in order  to  implement  the planned  provisions, provision  should  be made 

for  the  possibility  of  amending  some  of  the  technical  procedures  or  measures 

provided  for  in  this  Regulation  to  take  account  of  technical  and  scientific 

progress; 

Whereas,  in  order  to  ensure  the  coherence  of  these  arrangements,  products 

imported  from  third countries should be subject  to equivalent  requirements; 

Whereas  provision  should  be  made  for  the  Member  States  to  lay  down  suitable 

checks and penalties  in the case of  infringements of  this Regulation; 

Whereas  a  sufficient  time  limit  should  be  provided  for  in order,  on  the  one 

hand,  to allow  all  products on  the market  to be adapted  to  the provisions  laid 

down and, on  the other  hand, to allow stocks of packaging  labelled  in accordance 

with national  legislation previously  in force to be disposed of, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

This Regulation  lays down marketing  standards for: 

(a) milk  fats (CN codes 0405 and ex  2106); 

(b) non-milk  fats  (CN code ex  1517); and 

(10) OJ No L 33, 8.2.1979, p. 1. 
(11) OJ No L 42, 15.2.1991, p. 27 

-  10 -

(c) fats  composed  of  plant  and/or  animal  products  (CN  codes  ex  1517 and 

2106), 

of  a  fat  content  of  between  20%  and  95%  by  weight  intended  for  human 

consumption. 

The main milk  raw materials used  in the manufacture of  the aforementioned 

products are set out  in Annex  I. 

2. 

However,  this  Regulation  shall  not  apply  to products which  do  not  remain 

solid  at  ambient  temperature  (20 - 22* C ), and which  are not  suitable for 

use as spreads. 

3. 

This  Regulation  shall  be without  prejudice  to Regulation  (EEC) No 1898/87 

or  the  provisions  adopted  in  the  veterinary  and  foodstuffs  sectors  to 

ensure  that  the products  comply  with  hygiene  and  health  standards  and  to 

protect  animal  and human health. 

Article 2 

1. 

The  trade  descriptions of  the products  falling  within  the groups  of  fats 

referred  to  in  Article 1  shall  be  those  specified  In  Annex  i!  without 

prejudice  to the provisions of Article 4(2). 

2. 

Only  those  products  defined  in Article 1 which  meet  the  requirements  set 

out  in Annex  II may be supplied or  transferred  to the ultimate consumer or 

restaurants, hospitals, canteens or similar establishments. 

11 -

Article ? 

Rules  on  the  packaging  of  the  products  referred  to  in Article 1  intended,  in 

particular, to preserve  their organoleptic  characteristics, may  be  laid down  in 

accordance with the procedure  laid down  in Article 10. 

Article 4 

1. 

In  addition  to  the  national  rules  laid  down  in  accordance  with 

Directive 79/112/EEC,  the  following  information must  be  indicated  on  the 

labelling and presentation of the products referred  to  in Article 2(2): 

(a) the trade description as defined  in Annex  II; 

(b) the  total  percentage  fat  content  by weight  at  the  time  they  are used 

for  the  products  referred  to  in Annex  II with  a  fat  content  of  less 

than 80%; 

(c) the  plant, milk  or  other  animal  fat  content,  in decreasing  order  of 

weighted  importance  as  a  percentage  by  weight  at  the  time  they  are 

used, for the compound  fats referred  to  in Annex  II, Part C; 

(d) an  indication  of  the  anhydrous  milk  fat,  the  butter  fat  and/or 

concentrated  butter  used  in  the manufacture  of  milk  fats  for  use  as 

spreads, referred  to  in Annex  II, Part A; 

(e) "salted"  in the case of  a salt  content  of more  than 0.1% by weight at 

the time of use for a product  referred  to  in Annex  2, Part A; 

-  12  -

2. 

Notwithstanding  point 

(a)  of  paragraph  1,  the  trade 

descriptions 

"minarine"  or  "halvarine"  may  be  used  for  products  referred  to  in  Part  E 

of  Annex  II, point  6. 

3. 

The  trade  description  referred  to  in point  (a) of  paragraph  1 may  be  used 

together  with  one  or  more  terms  to  define  the  variety,  origin  and  intended 

purpose. 

4. 

The  information  referred  to  in  paragraphs  1,  2  and  3  must  be  readily 

understandable,  easily  recognizable,  clearly  visible  and  legible,  and 

indelible. 

Art icle 5 

1. 

The  labelling  of  the  products  defined  in  Article  1(1)  not  intended  for 

supply  to  the  ultimate  consumer  or  restaurants,  hospitals,  canteens  and 

other  similar  establishments  shall  compulsorily  bear  the  following 

informat ion: 

(a) the  trade  description  referred  to  in Annex  I I or  a  description  of  the 

product ; 

(b) the  net  quantity  in units  of  mass; 

(c)  information  allowing  the  batch  to be  identified; 

(d)  the  name  or  business  name  and  address  of  the  manufacturer  or  processor 

or  vendor  established  in  the  Community. 

2. 

The  information  provided  for  in  paragraph  1  must  be  indicated  on  the 

packaging,  container  or  wrapper  or  on  a  label  attached  thereto  and  must 

meet  the  requirements  referred  to  in Article 4(4). 

-  13  -

Article  6 

1. 

Subject  to  the  provisions  of  this  Regulation,  Member  States  may  adopt  or 

maintain  national  regulations  laying  down  different  quality  levels. 

These  national  provisions  must  allow  different  quality  levels  to  be 

assessed  on  the  basis  of  criteria  relating 

in  particular  to  the 

organoleptic  characteristics  of  the  products  and  their  physical  and 

microbiological  stability. 

2. 

The  trade  descriptions  referred  to  in  point  (a)  of  Article  4(1)  may  be 

supplemented  by  a  reference  to  the  quality  level  peculiar  to  the  product 

concerned. 

3. 

Member  States  shall  take  the  measures  necessary  to  ensure  that  checks  are 

conducted  on  the  application  of  all  the  criteria  referred  to  in  the  second 

subparagraph  of  paragraph  1  for  determining  the  quality  levels.  Regular 

and  frequent  checks  shall  extend  up  to  the  end  product  and  must  be made  by 

one  or  more  bodies  governed  by  public  law  and  designated  by  the 

Member  State,  or  by  an  approved  body  supervised 

by  the 

latter. 

Member  States  shall  give  the  Commission  a  list  of  the  bodies  they  have 

designated. 

Art icle  7 

Products  intended  for  import  into  the  Community  shall  comply  with  this 

Régulât ion. 

The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission, 

shall  provide  for  derogations  to  take  account  of  situations  peculiar  to  certain 

third  countr ies. 

-  14  -

Artiçio  9 

Amendments  to  the Annexes  may  be made  in accordance  with  the  procedure  laid  down 

in Article  10  to  take  account  of  scientific  and  technical  progress. 

Article  9 

The  following  shall  be  laid  down  in  accordance  with  the  procedure  provided  for 

in Art icle  10: 

(a) 

detailed  rules  for  the  application  of  this  Regulation; 

(b) 

the  analysis  methods  needed  to  check  the  composition  and  manufacturing 

characteristics of  the  products  referred  to  in Article  I; 

(c) 

detailed  rules  for  the  taking  of  samples; 

(d) 

detailed  rules  for  obtaining  statistical  information  on  the markets  in  the 

products  referred  to  in Article  1. 

Article  10 

In cases  where  reference  is made  to  this Article,  the measures  in question  shall 

be  adopted  in  accordance  with  the  procedure  laid  down  in  Article  30  of 

Regulation  (EEC)  No 804/68  and/or,  where  appropriate,  Article  38  of  Regulation 

No  136/66/EEC. 

Article  11 

Each  Member  State  shall  specify  the  penalties  to  be  imposed  in  the  case  of 

breach  of  the  provisions  of  this  Regulation  and,  where  appropriate,  of  the 

national  measures  relevant  to  its  application;  the  penalties  must  be  effective, 

proportionate  and  dissuasive.  Member  States  shall  inform  the  Commission  of  the 

penalties  by  1 January  1994. 

-  15  -

Article  12 

1. 

This  Regulation  shall  enter  into  force on  1 January  1993. 

2. 

Notwithstanding  Article  2(2), products  on  the  market  of  a Member  State  on 

31  December  1992 not  meeting  the  requirements  specified  in Annex  II may  be 

supplied  or  transferred  until  31  December  1994. 

3. 

Notwithstanding  Article  5, products whose  labelling  complies with  national 

legislation  in  force  before  1 January  1993 may  be  supplied  or  transferred 

until  31  December  1994. 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable  in all 

Member  States. 

Done  at  Brussels, 

For  the Council 

The  President 

-  16 -

ANNE* 

Definitions of raw materials 

1. 

"Milk" means the product  referred  to  in Article 2(1) of Council  Regulation 

(EEC) No 1898/87. 

2. 

"Cream" means the product obtained  from milk  in the form of a oil-in-water 

emulsion of a minimum milk  fat content of 10%. 

3. 

"Whey  cream"  means  the  product  obtained  from  whey  or  from  a  mixture  of 

milk and whey  in the form of a oil-in-water emulsion of a minimum milk fat 

content of 10%. 

4. 

"Anhydrous milk  fat" means the product obtained  from milk, cream or butter 

by  methods  ensuring  the  practically  complete  extraction  of  water  and  of 

the  dry  non-fat  extract  of  a minimum  milk  fat  content  of  99.8% by  total 

weight  and a maximum water  content of 0.1% by total weight. 

5. 

"Butteroil"  means  the  product  obtained  from  milk,  cream  or  butter  by 

methods ensuring  the extraction of water and of the dry non-fat extract of 

a  minimum  milk  fat  content  of  99.3% by  total  weight  and  a maximum  water 

content of 0.5% by total weight. 

Annex II 

[ 

Fat group 

Product  categories 

Definitions 

Trade description 

Additional description of the category with an 
indication of the fat content  in %  by weight 

A.  Milk fats: 

1. Concentrated 

butter 

The product obtained frcmmilk, cream or butter by methods 
ensuring  the extraction of water  and of the dry non-fat 
extract of a milk fat content of between 90% and 95%. 

2. Butter 

3. Whey butter 

The product obtained frommilk  or cream of a milk fat content 
of not  less than 80% and less than 90% and a maximum water 
content of 16%, a maximum dry non-fat milk material  content of 
2%. 

Products  in the form 
of a solid, malleable 
emulsion principally 
of the water-in-oil 
type derived 
exclusively frcmmilk 
and/or certain milk 
products, for which 
the fat  is the 
essential  constituent 
of value.  However, 
other substances 
necessary for their 
manufacture may be 
added, provided  these 
substances are neither 
of plant origin nor 
of animal origin other  5. Reduced fat butter  The product obtained frommilk, cream, butter, anhydrous milk 
than of milk origin. 

The product obtained from whey cream or from a mixture of whey 
cream and milk and/or cream of a milk fat content of no less 
than 80% and less than 90% and a maximum water  content of 16%, 
a maximum dry non-fat milk material  content of 2%. 

The product obtained frommilk, cream, butter, anhydrous milk 
fat, butteroil or concentrated  butter of a milk fat content 
of more  than 62% and less than 80%. 

4. Dairy spread 

fat, butteroil  or concentrated butter of a milk fat content 
of no less than 60% and no more  than 62%. 

or "three-quarter 
fat butter" 

17 -

Fat group 

Product  categories 

Definitions 

Trade description 

Additional description of the category with an 
indication of the fat content  in % by weight 

6. Reduced fat dairy 

spread 

The product obtained frommilk, cream, butter, anhydrous milk 
fat, butteroil or concentrated butter of a milk fat 
content of more  than 41% and less than 60%. 

7. Low-fat butter or 
"half-fat butter" 

The product obtained frommilk, cream, butter, anhydrous milk 
fat, butteroil or concentrated butter of a milk fat 
content of no less than 39% and no more  than 41%. 

8. Low-fat dairy 

spread 

The product obtained frommilk, cream, butter, anhydrous milk 
fat, butteroil or concentrated butter of a milk fat 
content of no less than 20% and less than 39%. 

B. Non-milk fats: 

Concentrated 
margarine 

The solid, malleable product obtained from plant and/or animal 
fats of a fat content of between 90% and 95%. 

Products  in the form 
of a solid, malleable 
emulsion principally 
of the water-in-oil 
type derived from 
plant and/or animal 
fats suitable for 
human consumption, 
the milk fat content 
of which does not 
exceed 3% of the fat 
content of the final 
product. 

2. Margarine 

3. Fat spread 

Reduced fat 
margarine or 
"three-quarter 
margarine" 

The product obtained from plant and/or animal fats of a 
minimum fat content of 80%. 

The product obtained from plant and/or animal fats of a fat 
content of more  than 62% and less than 80%. 

The product obtained from plant and/or animal fats of a fat 
content of no less than 60% and no more  than 62%. 

19 

Fat group 

Product  categories 

Definitions 

Trade description 

Additional description of the category with an 
indication of the fat content  in %  by weight 

5. Reduced fat 

spread 

The product  obtained from plant  and/or animal  fats of a fat 
content  of more  than 41% and  less than 60%. 

6. Low-fat margarine 

or "half-fat 
margarine" 

7. Low-fat  spread 

The product  obtained  from plant  and/or animal  fats of a fat 
content  of no less than 39% and no more  than 41%. 

The product  obtained  from plant  and/or  animal  fats of a fat 
content  of no less than 20% and  less than 39%. 

C. Fats composed  of 

plant and/or  animal 
products: 

1. Blended concen 
trated fat 

The  solid, malleable product  obtained  from a mixture  of plant 
and/or animal fats of a minimum fat content  of between 90% and 
95%. 

Products  in the form 
of a solid, malleable 
emulsion principally 
of the water-in-oil 
type derived  from 
plant and/or animal 
fats, suitable for 
human consumption, 
of a milk fat 
content of between 
15% and 80% of the 
fat content 

2. Blend 

The product  obtained  from a mixture  of plant  and/or animal 
fats of a minimum fat content  of 80%. 

3. Blended  spread 

The product  obtained  from a mixture  of plant  and/or animal 
fats of a fat content  of more  than 62% and  less than 80%. 

4. Reduced  fat blend 
or "three-quarter 
blend" 

The product  obtained  from a mixture  of plant  and/or animal 
fats of a fat content  of no  less than 60% and no more  than 62%. 

5. Reduced fat 

blended  spread 

The product  obtained  from a mixture  of plant  and/or animal 
fats of a fat content  of more  than 41% and  less than 60%. 

6. Low-fat  blend or 
"half-fat blend" 

The product  obtained  from a mixture  of plant  and/or animal 
fats of a fat content  of no  less than 39% and no more  than 41%. 

7. Low-fat  blended 

spread 

The product  obtained  from a mixture  of plant  and/or animal 
fats of a fat content  of no  less  than 20% and  less than 39%. 

-  20  -

IMPACT ASSESSMENT  FORM 

Proposal  for  a Council  Regulation  laying  down 
marketing  standards  for  certain  milk  an  non-milk 
fats  and  fats  composed  of  plant  and  animal  products 
réf.:  VI/2950/91 

AIMS 

The  proposal  has  been  drawn  up  on  the  one  hand  to  achieve  the 
objectives  of  common  agricultural  policy,  i.e.  ensure  the  stability  of 
the  markets  and  a  fair  standard  of  living  for  the  agricultural 
population,  and  on  the other  hand  to protect  the  consumer. 

In  the  absence  of  Community  rules,  some  Member  States  have  Just 
introduced  or  are  about  to  introduce  divergent  national  positions 
concerning  the  definitions of  some  fat  products  which  have  already  been 
manufactured  for  a  long  time  (butter,  margarine). 

Without  restricting  the  development  of  new  products  and  consumer 
choice,  it  seems  possible  to  stop  the  fall  in mi Ik  product  consumption 
and  stabilize  the market  by  establishing,  for  all  competing  products, a 
clear  and  distinct  classification  accompanied  by  rules  on  designation 
based  on  the  fat  content  for  all  competing  products. 

SECTORS OF  BUSINESS 

Dairy  producers  and  margarine  industry  and  commerce. 
All  firms  are  affected  (small-, medium-,  and  large-sized) 
No  particular  geographical  areas  are  concerned. 

IMPACT ON  BUSINESS 

Business  has  to  comply  its  products  especially  the  labelling  with  the 
trade  description  laid  down  in the  proposal.  It  has  to be  observed  that 
a  transitional  period  is provided  to dispose  of  stocks  of  packaging  and 
labelling  which  are  no  more  in  accordance  with  the  requirements  of  the 
Regulation. 

ECONOMIC  EFFECTS 

on  employmentr  the  effects  could  be  positive  because  the  proposal 
allows  the  processing  of  several  products  which  were  not  produced 
in sofTi® Member  States 

on  investment:  idem 

on  ihe  competitive  position  of  business:  tho  proposal  provides  a 
sw5tam  whsch  contributes  to  the  development  of  fair  competition 
<,ond i t i ons. 

3'. would  be  pos?ibie  that  coats  »'is  arisa  for  the  commerce  ccncsrning 
imported  products. 

- 21 -

SPECIFIC MEASURES: No. 

CONSULTATION 

The  producer  associations  such  as  COPA-COGECA,  ASSILEC,  IMACE  and 
EUCOLAIT  agree with  the  laying  down  of  Community  standards  for  yellow 
fats. 

As far as the details of  the proposal  are concerned, and especially  the 
main  point  of  Annex  II, these organisations  have  expressed  themselves 
to be  in favour  of  the use of  the expressions  "low" and  "reduced"  and 
of  the words  "butter",  "margarine", and  "blend"  in the  interspaces of 
fat content of 39-40% and 60-62%. 

BEUC  (letter  dated  25/06/91) wishes  that  the designations  "butter" and 
"margarine" will  not  be  restricted  to  products  with  a  fat  content  of 
more than 80%. 

The  Consumer  Advisory  Committee  has  also  expressed  its agreement  with 
the  proposal  and  declared  on  16  October  1991  itself  in  favour  of  a 
modification  of  Annex  II concerning  the  introduction  of  the  term  "3/4 
butter" and  "half butter" and the equivalent  in margarine and blends. 

The Foddstuffs Advisory Committee as well  as the Committee  for  Commerce 
and Distribution have not been consulted. 

- 22 -

FICHE  FINANCIERE 

LIGNE BUDGETAIRE  : Chapitre B1-20 

(FF/91/027) 

DATE  :  14.11.91 

CREDITS 

5.695 Mio ECU 
(P.B.  1992) 

2.  INTITULE DE LA MESURE : 

Proposition de règlement  du Conseil établissant des normes de commercialisation pour 
certaines matières grasses  laitières et non  laitières ainsi  que  les matières grasses 
composées de produits végétaux et animaux. 

3.  BASE JURIDIQUE 

Art icle 43 du Traité 

4.  OBJECTIFS DE LA MESURE : 

Etablissement des définitions et des normes de commercialisation pour  les matières 
grasses à tartiner. 

INCIDENCES FINANCIERES 

PERIODE DE 
12  MOIS 

Mio ECU 

EXERCICE EN 
/' 
COURS  (92) 
Mio ECU 

EXERCICE 
SUIVANT  (93) 

Mio ECU 

5.0  DEPENSES A LA CHARGE 

- DU BUDGET DES CE 

(RESTITUTIONS/INTERVENT IONS) 

- DES BUDGETS NATIONAUX 
- D'AUTRES SECTEURS 

5.1  RECETTES 

- RESSOURCES PROPRES DES CE 

(PRELEVEMENTS/DROITS  DE DOUANE) 

- SUR LE PLAN NATIONAL 

1994 

1995 

1996 

1997 

5.0.1  PREVISIONS DES DEPENSES 
5.1.1  PREVISIONS DES RECETTES 

5.2  MODE DE CALCUL 

6.0  FINANCEMENT POSSIBLE PAR CREDITS  INSCRITS AU CHAPITRE CONCERNE  DU BUDGET 

EN COURS D'EXECUTION 

6.1  FINANCEMENT POSSIBLE PAR VIREMENT ENTRE CHAPITRES DU BUDGET EN COURS 

D'EXECUTION 

6.2  NECESSITE D'UN BUDGET SUPPLEMENTAIRE 

6.3  CREDITS A  INSCRIRE DANS LES BUDGETS FUTURS 

OBSERVATIONS : 

M  s agit d'une mesure visant  la définition,  la catégorisation et  la dénomination  des 
matières grasses à tartiner  qui  n'a en soi pas d'incidence  financière pour  le budget. 

ISSN 0254-1475 

COM(91) 462 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-91-527-EN-C 

ISBN  92-77-77853-9 

Office for Official Publications of the European Communities 

Lr2985 Luxembourg