Commission Regulation (EC) No 175/1999 of 26 January 1999 amending Regulations (EEC) No 3942/92, (EC) No 86/94, (EC) No 1082/96 and (EC) No 1459/98 establishing reference methods for the determination of certain tracers in butter, butteroil and cream
Date: 1999-01-26
Institutions: European Commission
Subjects: butter, cream, food inspection, food standard, foodstuffs legislation

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 175/1999

of 26 January 1999

amending Regulations (EEC) No 3942/92, (EC) No 86/94, (EC) No 1082/96 and (EC)
No 1459/98 establishing reference methods for the determination of certain
tracers in butter, butteroil and cream

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organisation of the market
in milk and milk products (1), as last amended by Regula-
tion (EC) No 1587/96 (2), and in particular Article 6(6),
Article 7a(3) and Article 12(3) thereof,

Whereas reference methods for the determination of stig-
masterol and sitosterol in butteroil and in butter have
been established by Commission Regulation (EEC) No
3942/92 (3), as amended by Regulation (EEC) No 2539/
93 (4), and by Commission Regulation (EC) No 86/94 (5)
respectively; whereas a reference method for the deter-
mination of the ethylester of beta-apo-8’ carotenic acid in
concentrated butter and butter has been established by
Commission Regulation (EC) No 1082/96 (6) and a refer-
ence method for the determination of vanillin in concen-
trated butter, butter or cream has been established by
Commission Regulation (EC) No 1459/98 (7);

Whereas the reference methods mentioned above were
introduced for the control of compliance with conditions
relating to the tracing of butter, butteroil and cream under
certain schemes under which these products are sub-
sidised; whereas Commission Regulation (EC) No 2571/
97 of 15 December 1997 on the sale of butter at reduced
prices and the granting of an aid for cream, butter and
concentrated butter for use in the manufacture of pastry
last
products,
amended by Regulation (EC) No 1982/98 (9) which
repealed and replaced Commission Regulation (EEC) No
570/88 (10), as last amended by Regulation (EC) No 531/
96 (11), changed the tolerance limits relating to the in-
corporation of tracers which had previously been applic-
able;

ice-cream and other

foodstuffs (8),

as

Whereas the tolerance limits for the incorporation of
tracers have similarly been adapted in Commission Regu-
lation (EEC) No 3143/85 (12), as last amended by Regula-

(1) OJ L 148, 28. 6. 1968, p. 13.
(2) OJ L 206, 16. 8. 1996, p. 21.
(3) OJ L 399, 31. 12. 1992, p. 29.
(4) OJ L 233, 16. 9. 1993, p. 1.
(5) OJ L 17, 20. 1. 1994, p. 7.
(6) OJ L 142, 15. 6. 1996, p. 26.
(7) OJ L 193, 9. 7. 1998, p. 16.
(8) OJ L 350, 20. 12. 1997, p. 3.
(9) OJ L 256, 18. 9. 1998, p. 9.
(10) OJ L 55, 1. 3. 1988, p. 31.
(11) OJ L 78, 28. 3. 1996, p. 13.
(12) OJ L 298, 12. 11. 1985, p. 9.

tion (EC) No 101/1999 (13) and in Commission Regula-
tion (EC) No 429/90 (14) as last amended by Regulation
(EC) No 124/1999 (15);

Whereas, furthermore, experience has shown that it is
necessary to clarify the application of control results to
verify the rate and purity of the tracer incorporation as
well as the homogeneity;

Whereas it is therefore necessary to amend the regula-
tions establishing the reference methods referred to;

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3942/92 is amended as follows:

1. in Article 1, ‘Regulation (EEC) No 570/88' is replaced

by ‘Regulation (EC) No 2571/97';

2. point 8 of the Annex is amended as follows:

(a) point 8.1 is replaced by the following text:

‘8.1. Three samples must be taken from the traced
to check on the correct

in order

product
tracing of the product.';

(b) points 8.2.2 and 8.2.3 are replaced by the following

text:

‘8.2.2. The results of the three samples obtained
from the analysis of the product is used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 120,0 mg/kg (95 % of

the minimum
incorporation rate for 95 % pure stig-
masterol),

(13) OJ L 11, 16. 1. 1999, p. 14.
(14) OJ L 45, 21. 2. 1990, p. 8.
(15) OJ L 16, 21. 1. 1999, p. 19.

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— 122,0 mg/kg (95 % of

the minimum
incorporation rate for 85 % pure stig-
masterol),

— 84,0 mg/kg (70 % of

the minimum
incorporation rate for 95 % pure stig-
masterol),

— 86,0 mg/kg (70 % of

the minimum
incorporation rate for 85 % pure stig-
masterol).

The tracer concentration of
the sample
giving the lowest result is used in conjunc-
tion with interpolation respectively between
120,0 mg/kg and 84,0 mg/kg or 122,0 mg/
kg and 86,0 mg/kg';

(c) points 8.3.2 and 8.3.3 are replaced by the following

text:

‘8.3.2. The results of the three samples obtained
from the analysis of the product is used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 486,0 mg/kg (95 % of

the minimum
incorporation rate for 90 % pure sitos-
terol),

— 358,0 mg/kg (70 % of

the minimum
incorporation rate for 90 % pure sitos-
terol).

The tracer concentration in the sample
giving the lowest result is used in conjunc-
tion with interpolation between 486,0 mg/
kg and 358,0 mg/kg.'

Article 2

Regulation (EC) No 86/94 is amended as follows:

1. in Article 1, ‘Regulation (EEC) No 570/88' is replaced

by ‘Regulation (EC) No 2571/97';

2. point 8 of the Annex is amended as follows:

(a) point 8.1 is replaced by the following text:

‘8.1. Three samples must be taken from the traced
to check on the correct

in order

product
tracing of the product.';

‘8.2.2. The results of the three samples obtained
from the analysis of the product are used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 116,0 mg/kg (95 % of

the minimum
incorporation rate for 95 % pure stig-
masterol),

— 118,0 mg/kg (95 % of

the minimum
incorporation rate for 85 % pure stig-
masterol),

— 81,0 mg/kg (70 % of

the minimum
incorporation rate for 95 % pure stig-
masterol),

— 82,0 mg/kg (70 % of

the minimum
incorporation rate for 85 % pure stig-
masterol).

The tracer concentration of
the sample
giving the lowest result is used in conjunc-
tion with interpolation respectively between
116,0 mg/kg and 81,0 mg/kg or 118,0 mg/
kg and 82,0 mg/kg.';

(c) points 8.3.2 and 8.3.3 are replaced by:

‘8.3.2. The results of the three samples obtained
from the analysis of the product are used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 486,0 mg/kg (95 % of

the minimum
incorporation rate for 90 % pure sitos-
terol),

— 358,0 mg/kg (70 % of

the minimum
incorporation rate for 90 % pure sitos-
terol).

The tracer concentration of
the sample
giving the lowest result is used in conjunc-
tion with interpolation between 486,0 mg/
kg and 358,0 mg/kg.'

Article 3

Regulation (EC) No 1082/96 is amended as follows:

(b) points 8.2.2 and 8.2.3 are replaced by the following

1. in Article 1 ‘Regulation (EEC) No 570/88' is replaced

text:

by ‘Regulation (EC) No 2571/97';

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2. point 8 of the Annex is amended as follows:

(a) point 8.1 is replaced by the following text:

fat. This is done by multiplying C with 100/f. f is the
fat content of the cream in percent (m/m).',

‘8.1. Three samples must be taken from the traced
to check on the correct

in order

product
tracing of the product.';

(b) points 8.2.2 and 8.2.3 are replaced by the following

text:

‘8.2.2. The results of the three samples obtained
from the analysis of the product is used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 18,0 mg/kg (95 % of
incorporation rate),

— 13,0 mg/kg (70 % of
incorporation rate).

the minimum

the minimum

The tracer concentration of
the sample
giving the lowest result is used in conjunc-
tion with interpolation between 18,0 mg/kg
and 13,0 mg/kg.';

(c) points 8.3.2 and 8.3.3 are replaced by:

‘8.3.2. The results of the three samples obtained
from the analysis of the product is used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 20,0 mg/kg (95 % of
incorporation rate),

— 14,0 mg/kg (70 % of
incorporation rate).

the minimum

the minimum

The tracer concentration of
the sample
giving the lowest result is used in conjunc-
tion with interpolation between 20,0 mg/kg
and 14,0 mg/kg.'

Article 4

The Annex to Regulation (EC) No 1459/98 is amended as
follows:

1. in point 6 ‘SM = mass of test sample in g (5.1.1, 5.1.2
or 5.1.3)' is replaced by ‘SM = mass of test sample in g
(5.1.1, 5.1.2 or 5.1.3).

Where the cream is analysed for vanillin, the tracer
concentration has to be expressed as mg tracer/kg milk

2. point 8 of the Annex is amended as follows:

(a) point 8.2.1 is replaced by:

‘8.2.1. The incorporation rate for 4-hydroxy-3-
methoxybenzaldehyde is 250 grams per
tonne of concentrated butter or butter.
Where cream is traced,
the incorporation
rate is 250 grams per tonne of milk fat.';

(b) points 8.2.2 and 8.2.3 are replaced by the following

text:

‘8.2.2. The results of the three samples obtained
from the analysis of the product is used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 221,0 mg/kg (95 % of
incorporation rate),

the minimum

— 159,0 mg/kg (70 % of
incorporation rate).

the minimum

The tracer concentration of
the sample
giving the lowest result is used in conjunc-
tion with interpolation between 221,0 mg/
kg and 159,0 mg/kg.';

(c) points 8.3.1, 8.3.2 and 8.3.3 are replaced by:

‘8.3.1. The incorporation rate for 4-hydroxy-3-
methoxyzaldehyde is 100 grams per tonne of
concentrated butter or butter. Where cream
is traced, the incorporation rate is 100 grams
per tonne of milk fat.

8.3.2. The results of the three samples obtained
from the analysis of the product is used to
check the rate and the homogeneity of tracer
incorporation and the lowest of these results
is compared with the following limits (Crit-
ical Difference for a 95 % probability level
(CrD95) taken into consideration):

— 79,0 mg/kg (95 % of
incorporation rate),

the minimum

— 54,0 mg/kg (70 % of
incorporation rate).

the minimum

the sample
The tracer concentration of
giving the lowest result is used in conjunc-
tion with interpolation between 79,0 mg/kg
and 54,0 mg/kg.'

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

Article 5

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

Done at Brussels, 26 January 1999.

For the Commission

Franz FISCHLER

Member of the Commission