Commission Regulation (EC) No 1547/2006 of 13 October 2006 laying down detailed rules for the application of Council Regulation (EEC) No 2204/90
Date: 2006-10-13
Institutions: European Commission
Subjects: administrative check, cheese, codification of EU law, food chemistry, foodstuffs legislation, milk by-product, sanction (EU)

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COMMISSION REGULATION (EC) No 1547/2006

of 13 October 2006

laying down detailed rules for the application of Council Regulation (EEC) No 2204/90

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

these controls should fulfil, particularly with regard to
their frequency.

Having regard to the Treaty
Community,

establishing the European

(5)

Having regard to Council Regulation (EEC) No 2204/90 of 24
July 1990 laying down additional general rules on the common
organisation of the market in milk and milk products as regards
cheese (1), and in particular the second paragraph of Article 1,
the second subparagraph of Article 3(3) and Article 5 thereof,

Whereas:

Article 3(3) of Regulation (EEC) No 2204/90 states that a
sum equal to 110 % of the difference between the value
of
the skimmed milk necessary for producing 100
kilograms of caseins and caseinates resulting from the
market price of skimmed milk powder on the one
hand and the market price for casein and caseinates on
the other hand is due per 100 kilograms for quantities of
caseins and caseinates used without authorisation. This
sum has to be determined having regard to prices
recorded on the markets during a reference period.

(1)

(2)

(3)

Commission Regulation (EEC) No 2742/90 of 26
September 1990 laying down detailed rules for the appli-
cation of Council Regulation (EEC) No 2204/90 (2) has
In the
been substantially amended several
interests of clarity and rationality the said Regulation
should be codified.

times (3).

The first paragraph of Article 1 of Regulation (EEC) No
2204/90 stipulates that the use of casein and caseinates
in the manufacture of cheese is subject to prior author-
isation. It is necessary to lay down detailed rules for the
grant of
such authorisations, having regard to the
requirements as regards checks on undertakings. Author-
isations should be granted for a limited period, so that
the Member States can impose penalties for failure to
comply with Community provisions.

The second paragraph of Article 1 of Regulation (EEC)
No 2204/90 stipulates that the maximum percentages of
casein and caseinates to be incorporated in cheese must
be determined on the basis of objective criteria laid down
having regard to what is technologically necessary. It is
necessary to determine the said percentages on the basis
In order to
of data supplied by the Member States.
facilitate
compliance with this
provision,
is advisable to set overall percentages
rather than percentages for individual products.

checks
it

to ensure

(4)

Article 3(1) of Regulation (EEC) No 2204/90 requires
Member States to introduce administrative and physical
controls. It is necessary to specify the conditions which

(6)

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

1.
Authorisations referred to in Article 1 of Regulation (EEC)
No 2204/90 shall be granted for a period of 12 months, at the
request of the undertakings concerned, subject to their giving a
prior undertaking in writing to accept and comply with the
provisions of Article 3(1)(a) and (b) on the one hand, and
Article 3(1)(c) on the other, of that Regulation.

Authorisations shall be issued with a serial number for
2.
each undertaking or, where necessary, for each production unit.

Authorisations may cover one or more types of cheese, in
3.
accordance with the application made by the undertaking
concerned.

Article 2

1.
The maximum percentages to be incorporated, as referred
to in the second paragraph of Article 1 of Regulation (EEC) No
2204/90, are given in Annex I to this Regulation. They shall
apply to the weight of the types of cheese set out in that Annex
produced by the undertaking or production unit concerned
during a six-month period.

(1) OJ L 201, 31.7.1990, p. 7. Regulation as amended by Regulation

(EC) No 2583/2001 (OJ L 345, 29.12.2001, p. 6).

(2) OJ L 264, 27.9.1990, p. 20. Regulation as last amended by Regu-

lation (EC) No 1815/2005 (OJ L 292, 8.11.2005, p. 4).

(3) See Annex II.

2.
The list of products given in Annex I and the maximum
percentages relating thereto shall be adjusted to take account of
reasoned applications providing evidence that there is a techno-
logical need for the addition of casein or caseinates.

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Article 3

The stock accounts referred to in Article 3(1)(b) of Regu-
1.
lation (EEC) No 2204/90 shall
include information as to the
origin, composition and quantity of the raw materials used in
the manufacture of the cheeses. Member States may require
samples to be taken to provide a check on this information.
Member States shall ensure that the information collected from
undertakings is treated as confidential.

The checks referred to in Article 3(1)(c) of Regulation

2.
(EEC) No 2204/90 must fulfil the following requirements:

The sums recovered in this way shall be paid to the
2.
paying departments and agencies and offset by them against
expenditure
the
European Agricultural Guidance and Guarantee Fund.

the Guarantee

financed by

Section of

Article 5

In addition to the notifications required under Article 3(2) of
Regulation (EEC) No 2204/90, Member States shall submit to
the Commission before the end of each quarter the following
information on the previous quarter:

(a) at least 30 % of the undertakings in receipt of authorisations

(a)

the number of authorisations granted and/or revoked;

shall be checked each quarter;

(b) each undertaking in receipt of an authorisation shall be
checked
and undertakings
producing more than 300 tonnes of cheese per year shall
be checked at least twice per year.

least once per

year,

at

3. Within a period of one month from when the infringe-
ment was recorded, Member States shall notify the Commission
of cases in which casein and/or caseinates have been used either
without authorisation or without abiding by the percentages
laid down.

Article 4

(b) the quantities of casein and caseinates declared in respect of
these authorisations, broken down by type of cheese.

Article 6

Regulation (EEC) No 2742/90 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex III.

1.
The sum due in accordance with Article 3(3) of Regu-
lation (EEC) No 2204/90 shall be EUR 22,00 per 100 kg of
caseins and/or caseinates.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 7

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

Done at Brussels, 13 October 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

Maximum percentages to be incorporated, as referred to in Article 2(1):

(a) processed cheese falling within CN code 0406 30: 5 %;

(b) grated processed cheese covered by CN code ex 0406 20: 5 % (1);

(c) processed cheese in powdered form covered by CN code ex 0406 20: 5 % (1).

ANNEX II

Repealed Regulation with its successive amendments

Commission Regulation (EEC) No 2742/90
(OJ L 264, 27.9.1990, p. 20)

Commission Regulation (EEC) No 837/91
(OJ L 85, 5.4.1991, p. 15)

Commission Regulation (EEC) No 2146/92
(OJ L 214, 30.7.1992, p. 23)

Commission Regulation (EC) No 1802/95
(OJ L 174, 26.7.1995, p. 27)

Only concerning references made in the Annex to Regu-
lation (EEC) No 2742/90

Commission Regulation (EC) No 78/96
(OJ L 15, 20.1.1996, p. 15)

Commission Regulation (EC) No 265/2002
(OJ L 43, 14.2.2002, p. 13)

Commission Regulation (EC) No 1815/2005
(OJ L 292, 8.11.2005, p. 4)

(1) Manufactured by a continuous process, without addition of already manufactured processed cheese.

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ANNEX III

Correlation table

Regulation (EEC) No 2742/90

This Regulation

Articles 1 to 4

Articles 1 to 4

Article 5, points (1) and (2)

Article 5, points (a) and (b)

—

Article 6

Article 6

Article 7

Annex, indents 1, 2 and 3

Annex I, points (a) (b) and (c)

—

—

Annex II

Annex III