Commission Regulation (EC) No 921/2004 of 29 April 2004 amending Regulations (EEC) No 2191/81, (EEC) No 429/90 and (EC) No 2571/97 to take account of the requirements of Council Directive 92/46/EEC laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products
Date: 2004-04-29
Institutions: European Commission
Subjects: dairy industry, health legislation, marketing standard, milk, milk product

L 163/94

EN

Official Journal of the European Union

30.4.2004

COMMISSION REGULATION (EC) No 921/2004

of 29 April 2004

amending Regulations (EEC) No 2191/81, (EEC) No 429/90 and (EC) No 2571/97 to take account of
the requirements of Council Directive 92/46/EEC laying down the health rules for the production
and placing on the market of raw milk, heat-treated milk and milk-based products

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 15
thereof,

(5)

(6)

Regulations (EEC) No 2191/81, (EEC) No 429/90 and
(EC) No 2571/97 should therefore be amended accord-
ingly.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

Article 1(3) of Commission Regulation (EEC) No 2191/
81 of 31 July 1981 on the granting of aid for the
purchase of butter by non-profit making institutions and
organisations (2) indicates the butter eligible under that
Regulation.

Article 1 of Commission Regulation (EEC) No 429/90 of
20 February 1990 on the granting by invitation to
tender of an aid for concentrated butter intended for
direct consumption in the Community (3) defines the
concentrated butter eligible under that Regulation.

Article 1 of Commission Regulation (EC) No 2571/97 of
15 December 1997 on the sale of butter at reduced
prices and the granting of aid for cream, butter and
concentrated butter for use in the manufacture of pastry
products, ice-cream and other foodstuffs (4) defines the
butter, concentrated butter and cream which can be
subsidized when used for incorporation into the end
products eligible for the measures provided for under
that Regulation.

In order to ensure that a subsidy is only given to
products offering a high standard of health protection,
butter, concentrated butter and cream referred to in
Regulations (EEC) No 2191/81, (EEC) No 429/90 and
(EC) No 2571/97 should meet
the requirements of
Council Directive 92/46/EEC (5), notably preparation in
an approved establishment and compliance with the
health marking requirements specified at A in Chapter
IV of Annex C of that Directive.

(1) OJ L 160, 26.6.1999, p. 48. Regulation last amended by Commis-

sion Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2) OJ L 213, 1.8.1981, p. 20. Regulation last amended by Regulation

(EC) No 1565/2001 (OJ L 208, 1.8.2001, p. 15).

(3) OJ L 45, 21.2.1990, p. 8. Regulation last amended by Regulation

(EC) No 124/1999 (OJ L 16, 21.1.1999, p. 19).

(4) OJ L 350, 20.12.1997, p. 3. Regulation last amended by Regulation

(EC) No 186/2004.

(5) OJ L 268, 14.9.1992. Directive last amended by Regulation (EC) No

806/2003 (OJ L 122, 16.5.2003, p. 1).

Article 1

In Article 1(3)(b) of Regulation (EEC) No 2191/81, the first
indent is replaced by the following:

‘— butter, which:

(i) respects the conditions of Article 6(3) of Council
Regulation (EC) No 1255/1999 (*) and complies
with the national quality class referred to in Annex
V of Commission Regulation (EC) No 2771/
1999 (**) in the manufacturing Member State and
the packaging of which is marked accordingly,

(ii) meets the requirements of Council Directive 92/46/
EEC (***), notably as regards preparation in an
approved establishment and compliance with the
health marking requirements specified at A in
Chapter IV of Annex C of that Directive;

(*) OJ L 160, 26.6.1999, p. 48.
(**) OJ L 333, 24.12.1999, p. 11.
(***) OJ L 268, 14.9.1992, p. 1.’

Article 2

In Article 1(1) of Regulation (EEC) No 429/90, the following
sentence is added:

‘It must meet the requirements of Council Directive 92/46/
EEC (*), notably as regards preparation in an approved
establishment and compliance with the health marking
requirements specified at A in Chapter IV of Annex C of
that Directive.

(*) OJ L 268, 14.9.1992, p. 1.’

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Official Journal of the European Union

L 163/95

Article 3

marking requirements specified at A in Chapter IV of
Annex C of that Directive.

In Article 1(2) of Regulation (EC) No 2571/97, the following
subparagraph is added:

(*) OJ L 268, 14.9.1992, p. 1.’

Article 4

‘Butter, concentrated butter and cream referred to in points
(a),
(b) and (c) must meet the requirements of Council
Directive 92/46/CEE (*), notably as regards preparation in
an approved establishment and compliance with the health

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

It shall apply from 1 May 2004.

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

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission