Commission Regulation (EC) No 623/98 of 19 March 1998 amending Regulation (EC) No 577/97 laying down certain detailed rules for the application of Council Regulation (EC) No 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No 1898/87 on the protection of designation used in the marketing of milk and milk products
Date: 1998-03-19
Institutions: European Commission
Subjects: butter, fats, labelling, marketing standard, product designation, product quality

20. 3. 98

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EN

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Official Journal of the European Communities

L 85/3

COMMISSION REGULATION (EC) No 623/98

of 19 March 1998

amending Regulation (EC) No 577/97 laying down certain detailed rules for the
application of Council Regulation (EC) No 2991/94 laying down standards for
spreadable fats and of Council Regulation (EEC) No 1898/87 on the protection of
designation used in the marketing of milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

that the designation includes terms which will ensure that
the consumer is not misled;

Having regard to the Treaty establishing the European
Community,

Having regard 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 (1), as last
amended by the Act of Accession of Austria, Finland and
Sweden, and in particular Article 4(2) thereof,

Whereas Article 3 of Commission Regulation (EC) No
577/97 of 1 April 1997 laying down certain detailed rules
for
the application of Council Regulation (EC) No
2991/94 laying down standards for spreadable fats and of
Council Regulation (EEC) No 1898/87 on the protection
of designations used in the marketing of milk and milk
products (2), as last amended by Regulation (EC) No
2181/97 (3), establishes rules for the use of the designation
‘butter’ for composite products as defined in Article 2(3)
of Regulation (EEC) No 1898/87; whereas it provides that
the minimum milk fat content of composite products
with the designation ‘butter’ is 75 %;

Whereas Article 4 of Regulation (EC) No 577/97 specifies
the procedure to be followed in order to obtain an auth-
orisation to use the designation ‘butter’ for a composite
product of which an essential part is butter but, for which
the minimum milk fat content of 75 % cannot be
respected for technical and/or organoleptic reasons;

Whereas experience has shown that it would be difficult
to apply this procedure on a case-by-case basis in a way
which would ensure fairness and consistency; whereas
simple rules which can be easily understood should be
the denomination of composite products
applied for
containing butter; whereas these rules should take into
consideration the development of the market for com-
posite products;

Whereas a general rule allowing the use of the designa-
tion ‘butter’ for composite products of which an essential
part is butter, for which the minimum milk fat content is
less than 75 % but at least 62 % is acceptable, provided

(1) OJ L 182, 3. 7. 1987, p. 36.
(2) OJ L 87, 2. 4. 1997, p. 3.
(3) OJ L 299, 4. 11. 1997, p. 1.

Whereas the products consisting of butter, sugar and an
alcoholic drink form a well-defined group of composite
products with particular characteristics; whereas special
provision should be made for the use of the designation
‘butter’ for these products;

Whereas, in order to ensure that the objectives of Regula-
tion (EEC) No 1898/87 are fully attained, having regard to
the wide range of the milk fat content in the composite
products which will be able to benefit from use of the
designation ‘butter’, it is necessary to make it a condition
for the use of this designation that the milk fat content is
indicated on the product label;

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

Regulation (EC) No 577/97 is amended as follows:

1. Article 3 is replaced by the following text:

‘Article 3

1.
The designation “butter” may be used for com-
posite products of which an essential part within the
meaning of Article 2(3) of Regulation (EEC) No
1898/87 is butter if the end product contains at least
75 % milk fat and has been manufactured solely from
butter within the meaning of Part A (1) of the Annex
to Regulation (EC) No 2991/94 and the other added
ingredient(s) mentioned in the description.

2.
The designation “butter” may be used for com-
posite products containing less than 75 % but at least
62 % milk fat if the other requirements specified in
paragraph 1 are met and if the product designation
includes the term “butter preparation”.

L 85/4

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EN

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Official Journal of the European Communities

20. 3. 98

3.
the
By derogation from paragraphs 1 and 2,
designation “butter” may be used in association with a
word or words to designate the products listed in
Annex III containing at least 34 % milk fat.

4.
The use of the designation “butter” under para-
graphs 1, 2 and 3 shall be subject to the requirement
to indicate in the labelling and presentation of the
products the milk fat content and, if the other added
ingredients contain fat, the total fat content.

5.
The term “butter preparation” in paragraph 2 and
the indications in paragraph 4 must appear in a con-
spicuous place and be easily visible and clearly legible’.

2. Article 4 is deleted.

3. The Annex to this Regulation becomes Annex III.

Article 2

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

It shall apply from 1 September 1998.

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

Done at Brussels, 19 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

‘ANNEX III

Products referred to in Article 3(3)

Type of product

Composition of product

Minimum milk
fat content

Alcoholic butter (butter contain-
ing alcoholic beverages)

Butter, alcoholic beverage, sugar

34 %’