Council Directive 2007/61/EC of 26 September 2007 amending Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption
Date: 2007-09-26
Institutions: Council of the European Union
Subjects: food additive, foodstuffs legislation, human nutrition, marketing standard, powdered milk, vitamin

4.10.2007

EN

Official Journal of the European Union

L 258/27

DIRECTIVES

COUNCIL DIRECTIVE 2007/61/EC

of 26 September 2007

amending Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for
human consumption

THE COUNCIL OF THE EUROPEAN UNION,

1. Article 2 shall be deleted.

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

2. Annexe I shall be amended in accordance with the Annex to

this Directive.

Having regard to the proposal from the Commission,

Article 2

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

In view of the growing need for harmonisation in the
international trade in milk and milk products, provision
should be made to allow the standardisation of
the
protein content of certain partly or wholly dehydrated
preserved milk to a minimum content of 34 %, by
weight, expressed on fat-free dry matter.

(2) While allowing standardisation, it is necessary to define
raw materials as well as the composition of raw materials
used for protein adjustment.

(3)

Regulation (EC) No 1925/2006 of
the European
Parliament and of the Council of 20 December 2006
on the addition of vitamins and minerals and of
certain other substances to foods (2) aims at regulating
the addition of such substances to food and establishes
the list of vitamins and minerals that may be added to
food. Council Directive 2001/114/EC (3) should therefore
be amended to allow the addition of vitamins and
minerals
(EC)
for
No 1925/2006.

Regulation

provided

by

as

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 August 2008. They shall forthwith commu-
nicate to the Commission the text of such laws, regulations
and administrative provisions together with a table showing
the correlation between them and this Directive.

When they are adopted by Member States, these measures shall
contain a reference to this Directive or shall be accompanied by
such a reference on the occasion of their official publication.
The methods for making such reference shall be laid down by
the Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

(4)

Directive 2001/114/EC should be amended accordingly,

Done at Brussels, 26 September 2007.

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 2001/114/EC is hereby amended as follows:

For the Council
The President

J. SILVA

(1) Opinion of 5 September 2007 (not yet published in the Official

Journal).

(2) OJ L 404, 30.12.2006, p. 26.
(3) OJ L 15, 17.1.2002, p. 19. Directive as amended by the 2003 Act of

Accession.

L 258/28

EN

Official Journal of the European Union

4.10.2007

ANNEX

Annex I to Directive 2001/114/EC is hereby amended as follows:

1. In point 1 ‘Partly dehydrated milk’, the first subparagraph shall be replaced by the following:

‘This means the liquid product, whether or not sweetened, obtained by the partial removal of water from milk, from
wholly or partly skimmed milk or from a mixture of these products, which may have an admixture of cream or of
wholly dehydrated milk or both, the addition of wholly dehydrated milk not to exceed, in the finished products, 25 %
of total milk solids.’.

2. In point 2 ‘Totally dehydrated milk’, the first subparagraph shall be replaced by the following:

‘This means the solid product, where the water content does not exceed 5 % by weight of the finished product,
obtained by the removal of water from milk, from wholly or partly skimmed milk, from cream or from a mixture of
these products.’.

3. Point 3 ‘Treatments’ shall be amended as follows:

(a)

In point (b), the introductory words shall be replaced by the following:

‘Without prejudice to 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 (*), the preservation of the products referred to
in paragraphs 1 and 2 shall be achieved:
___________
(*) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004, p. 22.’

(b) The following point shall be added:

‘(c) Without prejudice to the compositional requirements of points 1 and 2 of this Annex the protein content of
milk may be adjusted to a minimum content of 34 % by weight (expressed on fat free dry matter), by the
addition and/or withdrawal of milk constituents in such a way as not to alter the whey protein to casein ratio
of the milk being adjusted.’.

4. Point 4 ‘Authorised additions’ shall be replaced by the following:

‘4. Authorised additions and raw materials

(a) Vitamins and minerals in accordance with Regulation (EC) No 1925/2006 of the European Parliament and of
the Council of 20 of December 2006, on the addition of vitamins and minerals and of certain other substances
to foods (*).

(b) Authorised raw materials for protein adjustment purposes referred to in point 3(c) shall be as follows:

(i) Milk retentate

Milk retentate is the product obtained by concentrating milk protein by ultra filtration of milk, partly
skimmed milk, or skimmed milk;

(ii) Milk permeate

Milk permeate is the product obtained by removing milk proteins and milk fat from milk, partly skimmed
milk, or skimmed milk by ultra filtration; and

(iii) Lactose

Lactose is a natural constituent of milk normally obtained from whey with an anhydrous lactose content
of not less than 99,0 % m/m on a dry basis. It may be anhydrous or contain one molecule of water of
crystallisation or be a mixture of both forms.

___________
(*) OJ L 404, 30.12.2006, p. 26.’.