Commission Regulation (EC) No 2107/2005 of  21 December 2005  amending Regulations (EC) No 174/1999, (EC) No 2771/1999, (EC) No 2707/2000, (EC) No 214/2001 and (EC) No 1898/2005 in the milk sector
Date: 2005-12-21
Institutions: European Commission
Subjects: aid system, foodstuff, health legislation, milk, milk product, quality standard, terms for aid

L 337/20

EN

Official Journal of the European Union

22.12.2005

COMMISSION REGULATION (EC) No 2107/2005

of 21 December 2005

amending Regulations (EC) No 174/1999, (EC) No 2771/1999, (EC) No 2707/2000, (EC) No 214/2001
and (EC) No 1898/2005 in the milk sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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, 15, 31(14)
and 40 thereof,

Whereas:

(3)

(1)

(2)

products (2),

As from 1 January 2006 Council Directive 92/46/EEC of
16 June 1992 laying down the health rules for the
production and placing on the market of raw milk,
is
and milk-based
heat-treated milk
repealed by Directive 2004/41/EC of
the European
Parliament and of the Council (3) and replaced by Regu-
lation (EC) No 852/2004 of the European Parliament and
of the Council of 29 April 2004 on the hygiene of
foodstuffs (4) and by Regulation (EC) No 853/2004 of
the European Parliament and of
the Council of 29
April 2004 laying down specific hygiene rules for food
of animal origin (5).

is

clarity it

appropriate

reasons of

For
to adapt
accordingly the references made to Directive 92/46/EEC
in Commission Regulation (EC) No 174/1999 of 26
January 1999 laying down special detailed rules for the
application of Council Regulation (EEC) No 804/68 as
regards export licences and export refunds in the case of
milk and milk products (6),
in Commission Regulation
(EC) No 2771/1999 of 16 December 1999 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1255/1999 as regards intervention on the
market in butter and cream (7),
in Commission Regu-
lation (EC) No 2707/2000 of 11 December 2000
laying down rules for applying Council Regulation (EC)
No 1255/1999 as regards Community aid for supplying

(1) OJ L 160, 26.6.1999, p. 48. Regulation last

(EC) No 1913/2005 (OJ

amended by
L 307,

Commission Regulation
25.11.2005, p. 2).

(2) OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3) OJ L 157, 30.4.2004, p. 33.
(4) OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226,

25.6.2004, p. 3.

(5) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226,

25.6.2004, p. 22.

milk and certain milk products to pupils in educational
establishments (8),
in Commission Regulation (EC) No
214/2001 of 12 January 2001 laying down detailed
rules for the application of Council Regulation (EC) No
1255/1999 as regards intervention on the market
in
skimmed-milk powder (9), and in Commission Regulation
(EC) No 1898/2005 of 9 November 2005 laying down
detailed rules for implementing Council Regulation (EC)
No 1255/1999 as regards measures for the disposal of
cream, butter and concentrated butter on the Community
market (10).

intervention butter bought

In accordance with Article 1 point (a) of Regulation (EC)
No 1898/2005,
in under
Article 6(2) of Regulation (EC) No 1255/1999 to be
shall have been taken into
sold at
storage before 1 January 2003. In view of the quantity
still available and the market situation, that date should
be amended to 1 January 2004. Article 1 point (a) of the
abovementioned Regulation must therefore be amended.

reduced prices

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(4) of Regulation (EC) No 174/1999 is replaced by the
following:

‘4.
For a refund to be granted on the products listed in
Article 1 of Regulation (EC) No 1255/1999 they must meet
the relevant requirements of Regulation (EC) No 852/2004 of
the European Parliament and of the Council (*) and Regu-
lation (EC) No 853/2004 of the European Parliament and
of the Council (**), notably preparation in an approved estab-
lishment and compliance with the identification marking
requirements specified in Section I of Annex II to Regulation
(EC) No 853/2004.
___________
(*) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226,

25.6.2004, p. 3.

(**) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226,

25.6.2004, p. 22.’

(8) OJ L 311, 12.12.2000, p. 37. Regulation last amended by Regu-

(6) OJ L 20, 27.1.1999, p. 8. Regulation last amended by Regulation

lation (EC) No 865/2005 (OJ L 144, 8.6.2005, p. 41).

(EC) No 1513/2005 (OJ L 241, 17.9.2005, p. 45).

(9) OJ L 37, 7.2.2001, p. 100. Regulation last amended by Regulation

(7) OJ L 333, 24.12.1999, p. 11. Regulation last amended by Regu-

(EC) No 1195/2005 (OJ L 194, 26.7.2005, p. 8).

lation (EC) No 1802/2005 (OJ L 290, 4.11.2005, p. 3).

(10) OJ L 308, 25.11.2005, p. 1.

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Official Journal of the European Union

L 337/21

Article 2

Article 5

Article 5(1)(a) of Regulation (EC) No 2771/1999 is replaced by
the following:

Regulation (EC) No 1898/2005 is amended as follows:

‘(a) are approved in accordance with Article 4 of Regulation
(EC) No 853/2004 of the European Parliament and of
the Council (*) and have
technical
equipment;

the appropriate

___________
(*) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226,

25.6.2004, p. 22.’

Article 3

Article 3(6) of Regulation (EC) No 2707/2000 is replaced by
the following:

‘6.
An aid shall only be granted on the products listed in
the Annex I to this Regulation if the products comply with
the requirements of Regulation (EC) No 852/2004 of the
European Parliament and of the Council (*) and Regulation
(EC) No 853/2004 of the European Parliament and of the
Council (**), and in particular the requirements concerning
preparation in an approved establishment and the identifi-
cation marking requirements
specified in Section I of
Annex II to Regulation (EC) No 853/2004.

___________
(*) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226,

25.6.2004, p. 3.

(**) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226,

25.6.2004, p. 22.’

1.

in Article 1(a),
2004’.

‘1 January 2003’

is replaced by ‘1 January

2.

in Article 5(1) the second subparagraph is replaced by the
following:

‘Butter, concentrated butter, cream and the intermediate
products referred to in the first subparagraph shall meet
the requirements of Regulation (EC) No 852/2004 of the
European Parliament and of the Council (*) and Regulation
(EC) No 853/2004 of the European Parliament and of the
Council (**),
regards preparation in an
approved establishment and compliance with the identifi-
cation marking requirements
specified in Section I of
Annex II to Regulation (EC) No 853/2004.
___________
(*) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226,

in particular as

25.6.2004, p. 3.

(**) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226,

25.6.2004, p. 22.’;

3. Article 13(1)(b) is replaced by the following:

‘(b) where

applicable,

in
accordance with Article 4 of Regulation (EC) No
853/2004’;

approved

been

have

they

Article 4

4. Article 47(1) the second subparagraph is replaced by the

following:

Regulation (EC) No 214/2001 is amended as follows:

1. Article 3(1)(a) is replaced by the following:

‘(a) are approved in accordance with Article 4 of Regulation
(EC) No 853/2004 of the European Parliament and of
the Council (*) and have the appropriate technical
equipment;

___________
(*) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226,

25.6.2004, p. 22.’;

‘It shall meet
the requirements of Regulations (EC) No
852/2004 and (EC) No 853/2004, in particular as regards
preparation in an approved establishment and compliance
with the identification marking requirements specified in
Section I of Annex II to Regulation (EC) No 853/2004.’;

5. Article 63(2)(a) is replaced by the following:

‘(a) they have been approved in accordance with Article 4 of

Regulation (EC) No 853/2004’;

2.

in Annex I, footnote 5 is replaced by the following:

6. Article 72(b)(ii) is replaced by the following:

‘(5) Raw milk used for the manufacture of skimmed-milk
specified in
the
to Regulation (EC) No

powder must meet
Section IX of Annex III
853/2004.’

requirements

‘(ii) the requirements of Regulations (EC) No 852/2004 and
(EC) No 853/2004, in particular as regards preparation
in an approved establishment and compliance with the
identification marking requirements specified in Section
I of Annex II to Regulation (EC) No 853/2004.’;

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Official Journal of the European Union

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7. Article 81(1) is replaced by the following:

Article 6

The butter shall be delivered to the beneficiary in
lettering the
in
the

‘1.
packages bearing in clear
identification marking
and
quality
national
accordance with Article 72(b) and one or more of
entries listed in Annex XVI(1).’

and indelible

class

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

It shall apply from 1 January 2006 except Article 5(1) which
shall apply from 16 December 2005.

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

Done at Brussels, 21 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission