Commission Regulation (EC) No 1546/2007 of 20 December 2007 amending Regulation (EC) No 1898/2005 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
Date: 2007-12-20
Institutions: European Commission
Subjects: butter, concentrated product, cream, food inspection, labelling, product quality, quality label, sales aid

L 337/68

EN

Official Journal of the European Union

21.12.2007

COMMISSION REGULATION (EC) No 1546/2007

of 20 December 2007

amending Regulation (EC) No 1898/2005 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

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 and 15
thereof,

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EC) No 1152/2007 amended the
provisions of Regulation (EC) No 1255/1999 concerning
private storage for butter and cream, notably by abo-
lishing the reference to national quality standards as an
eligibility criterion for private storage aid for butter.

in

In view of those new arrangements it is appropriate to
align the eligibility criteria for the aid schemes for the
disposal of cream, butter and concentrated butter laid
Commission
down
No
Regulation
1898/2005 (2).
In particular references to the national
quality standard should be deleted and where necessary
replaced by the eligibility criteria of Regulation (EC) No
1255/1999. Relevant provisions on checks should be
adapted accordingly.

(EC)

Regulation (EC) No 1898/2005 should be amended
accordingly.

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

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

1.

in Article 5(1), point (a) is replaced by the following:

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-
lation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3). Regulation
(EC) No 1255/1999 will be replaced by Regulation (EC) No
1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.
(2) OJ L 308, 25.11.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 96/2007 (OJ L 25, 1.2.2007, p. 6).

‘(a) butter

produced

from
pasteurised cream which meets the requirements laid
down in Article 6(3) of Regulation (EC) No 1255/1999’;

exclusively

directly

and

2.

in Article 45, paragraph 2 is replaced by the following:

into intermediate products,

‘2. Where tracers are added to butter or cream, or butter
or cream are incorporated into final products or, where
applicable,
in a Member State
other than the country of manufacture, such butter or
cream shall be accompanied by a certificate issued by the
competent authority of the Member State of manufacture
stating:

(a)

for butter, that it has been produced on its territory in an
approved undertaking which is
to checks
verifying that the butter is produced directly and exclu-
sively from cream or milk within the meaning of Article
6(6) of Regulation (EC) No 1255/1999;

subject

(b) for cream, that it has been produced on its territory in
an approved undertaking which is subject to checks that
the cream has been obtained directly and exclusively
from cow's milk produced in the Community within
the meaning of Article 6(6) of Regulation (EC) No
1255/1999.

3. Where the Member State of production has performed
the checks on the nature and composition of the butter
referred to in Article 5(1) of this Regulation, the certificate
referred to in paragraph 2 of this Article shall also contain
the results of those checks and confirm that the product
concerned is butter within the meaning of the first subpara-
graph of Article 6(3) of Regulation (EC) No 1255/1999. In
the packaging must be sealed by means of a
that case,
numbered label
the
issued by the competent agency of
Member State of production. The number must be entered
on the certificate.’;

3.

in Article 72(b), point (i) is replaced by the following:

‘(i)

the conditions laid down in Article 6(3) of Regulation
(EC) No 1255/1999’;

21.12.2007

EN

Official Journal of the European Union

L 337/69

4.

in Article 74, paragraph 2 is replaced by the following:

‘2.
In the case of butter referred to in the second indent
of the first subparagraph of Article 6(3) of Regulation (EC)
No 1255/1999, the amount of the aid set in paragraph 1 of
this Article shall be multiplied by 0,9756.’;

5.

in Article 81, paragraph 1 is replaced by the following:

‘1.
The butter shall be delivered to the beneficiary in
packages bearing in clear and indelible lettering the identifi-
cation marking in accordance with Article 72(b) and one or
more of the entries listed in Annex XVI(1).’;

6. Article 82 is replaced by the following:

‘Article 82

to ensure

shall adopt all

The Member States

the necessary
1.
is
that
inspection measures
complied with.
In particular checks on the commercial
documents and stock records of the supplier shall be made
(EEC) No
in
4045/89 (*).

accordance with Council Regulation

this Chapter

Furthermore, the eligibility of the butter shall be checked by
to ensure
analysing randomly taken physical
compliance with Article 72(b)(i) of this Regulation and to
verify the absence of non-milk fat.

samples

Checks shall be the subject of an inspection report specifying
the date of the check, its duration and the operations carried
out.

2. Where the butter is produced in a Member State other
than the Member State where it is purchased by a bene-

ficiary, payment of the aid shall be subject to presentation
of a certificate supplied by the competent agency of the
Member State of production.

The certificate shall confirm that the butter concerned has
been produced in an approved undertaking which is subject
to checks verifying that the butter is produced from cream
or milk within the meaning of Article 6(6) of Regulation
(EC) No 1255/1999.

Where the Member State of production has performed the
checks on the nature and composition of the butter referred
to in Article 72(b) of this Regulation, the certificate referred
to in the first subparagraph of this paragraph shall also
contain the results of those checks and confirm that the
product concerned is butter within the meaning of
the
first subparagraph of Article 6(3) of Regulation (EC) No
1255/1999. In that case, the packaging shall be sealed by
means of a numbered label issued by the competent agency
of the Member State of production. The number must be
entered on the certificate.

___________
(*) OJ L 388, 30.12.1989, p. 18.’

Article 2

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 2008.

Article 1(3) to (6) shall apply to all deliveries of butter made on
the basis of the voucher, as referred to in Article 75(1) of
the month of
Regulation (EC) No 1898/2005, valid for
January 2008 and following.

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

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission