Commission Regulation (EC) No 760/2008 of 31 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards authorisations for the use of casein and caseinates in the manufacture of cheeses
Date: 2008-07-31
Institutions: European Commission
Subjects: cheese, cheese factory, food standard, milk by-product, product quality, quality control of agricultural products, quality standard

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Official Journal of the European Union

1.8.2008

COMMISSION REGULATION (EC) No 760/2008

of 31 July 2008

laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards
authorisations for the use of casein and caseinates in the manufacture of cheeses

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

(5)

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 121(i), 192 and 194 in conjunction with Article 4
thereof,

Whereas:

implementation and monitoring of
concerned authorisations
specific period.

should be granted for

the derogations
a

Point
(i) of Article 121 of Regulation (EC) No
1234/2007 stipulates that the maximum percentages of
casein and caseinates to be incorporated in cheese must
be determined on the basis of objective criteria having
regard to what is technologically necessary. It is appro­
priate to determine the said percentages at community
level on the basis of available knowledge. In order to
facilitate
compliance with this
provision,
is advisable to set overall percentages
rather than percentages for individual products without
prejudice to stricter standards at national level.

checks
it

to ensure

(1)

(2)

(3)

(4)

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as regards cheeses (2) is repealed by Regulation (EC) No
1234/2007 as from 1 July 2008.

in Regulation

The provisions of Article 3 of Regulation (EEC) No
information and on
2204/90 on the exchange of
controls and administrative measures have not been
incorporated
(EC) No 1234/2007.
Pursuant to Articles 192 and 194 of Regulation (EC)
No 1234/2007, those provisions should be integrated
in Commission Regulation (EC) No 1547/2006 of
13 October 2006 laying down detailed rules for the
application of Council Regulation (EEC) No 2204/90 (3).

In the interests of clarity and rationality Regulation (EC)
No 1547/2006 should be repealed and replaced by a
new Regulation.

(6) When using casein and/or caseinates in cheeses the inter­
in
national standards for cheese should be respected,
particular the respect of the whey protein/casein ratio (4).

(7)

taking into account

It is necessary to lay down detailed rules on controls and
penalties
the
industry. The level of the penalty should be determined
when the aid pursuant to Article 100 of Regulation (EC)
No 1234/2007 is reintroduced.

the structure of

(8) Without prejudice to any national penalties when use of
caseins and caseinates in the manufacture of cheeses is
made without authorisation, it is appropriate, where an
amount of aid is fixed pursuant to Article 100 of Regu­
lation (EC) No 1234/2007, to claim a penalty determined
on the basis of the value of the casein and caseinates on
one hand and the value of a corresponding quantity of
skimmed milk powder on the other hand in order to
the economic benefit arising from
neutralise at
unauthorised utilisation. As long as the aid for
the
production of casein and caseinates is fixed at zero it
is appropriate not to fix the level of the penalty.

least

Article 119 of Regulation (EC) No 1234/2007 stipulates
that the use of casein and caseinates in the manufacture
of cheese is subject to prior authorisation. It is necessary
to lay down detailed rules for the grant of such author­
isations, having regard to the requirements as regards
the
checks on undertakings.

to facilitate

In order

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) 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).

(3) OJ L 286, 17.10.2006, p. 8.

(9)

Article 204(2)(f) of Regulation (EC) No 1234/2007 lays
down that the Regulation applies as regards the milk and
milk products
the
provisions set out in Chapter III of Title I of Part II,
repeals Regulation (EEC) No
from 1 July 2008.
2204/90 as from that date. Therefore, this Regulation
should apply from 1 July 2008.

sector, with the

exception of

It

(4) Codex Alimentarius general standard for cheese (CODEX STAN A-6,

amended 2006).

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(10)

to the new
In order to allow the industry to adapt
maximum percentage
incorporated and its
to be
extension to other cheeses, a derogation for a period of
six months should be provided for.

Article 3

1.

Undertakings shall:

(11)

The Management Committee for the Common Organis­
ation of Agricultural Markets has not delivered an
opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1.
Authorisations referred to in Article 119 of Regulation
(EC) No 1234/2007 shall be granted for a period of 12
months, at the request of the undertakings concerned, subject
to a prior undertaking in writing to accept and comply with the
provisions of Article 3 of this Regulation.

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

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

Article 2

1.
The maximum percentage referred to in point (i)(i) of
Article 121 of Regulation (EC) No 1234/2007 to be incor­
porated in products falling under CN code 0406 is 10 %. It
shall apply to the weight of the cheese produced by the under­
taking or production unit concerned during a six-month period.

(a) declare to the competent authority the quantities and types
of cheese manufactured and the quantities of casein and
caseinates incorporated into the various products;

(b) keep stock accounts enabling verification of the quantities
and types of cheese manufactured, the quantities of casein
and caseinates purchased and/or manufactured and their
destination and/or utilisation.

information as

The stock accounts referred to in paragraph 1(b) shall
2.
composition and
to the origin,
include
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.

Article 4

1. Member States shall ensure compliance with this Regu­
lation by administrative and physical verification notably by:

(a)

frequent, unannounced spot checks in order to cross-check
the stock accounts on the one hand and appropriate
commercial documents and stocks actually held on the
other hand; such checks shall relate to a representative
number of the declarations referred to in Article 3(1)(a);

(b) random checks of undertakings which manufacture cheese

and which have not been granted an authorisation.

The cheeses with added casein or caseinates shall not exceed the
whey protein/casein protein ratio of milk and shall respect the
national legislation of the country of manufacture on the use of
casein and caseinates.

Each undertaking in receipt of an authorisation shall be

2.
checked at least once per year.

By way

2.
until
31 December 2008, the maximum percentage referred to in
the first subparagraph of that paragraph shall be 5 % for:

derogation from paragraph 1,

of

Article 5

Member States shall keep records on:

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

(a)

the number of authorisations granted and/or revoked;

(b) grated processed cheese covered by CN code ex 0406 20,
manufactured by a continuous process, without addition of
already manufactured processed cheese;

(b) the quantities of casein and caseinates declared in respect of
these authorisations, and the quantity of cheese produced;

(c) processed cheese in powdered form covered by CN code
ex 0406 20, manufactured by
continuous process,
without addition of already manufactured processed cheese.

a

(c)

the cases in which casein and/or caseinates have been used
either without
the
percentages laid down, with the unauthorised quantities of
casein and caseinates used.

authorisation or without

abiding

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Article 6

1. Without prejudice to the penalties laid down by the
Member States concerned, casein and caseinates used without
authorisation shall be subject to a penalty. That penalty shall be
determined when the level of aid pursuant to Article 100 of
Regulation (EC) No 1234/2007 is amended.

The sums collected pursuant

2.
to paragraph 1 shall be
deemed to be assigned revenue in accordance with Article 12
of Commission Regulation (EC) No 883/2006 (1) and shall be
declared to the Commission in accordance with Article 5 of that
Regulation.

Article 7

1.

Regulation (EC) No 1547/2006 is repealed.

However, authorisations granted in accordance with Article 1 of
Regulation (EC) No 1547/2006 shall remain valid until they
expire.

References to the repealed Regulation and to Article 3 of
2.
Regulation (EEC) No 2204/90 shall be construed as references
to this Regulation and shall be read in accordance with the
correlation table in the Annex.

Article 8

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 July 2008. However, Article 2(1) shall
apply from 1 January 2009.

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

Done at Brussels, 31 July 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 171, 23.6.2006, p. 1.

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ANNEX

Correlation Table

Regulation (EC) No 1547/2006

Regulation (EEC) No 2204/90

This Regulation

Articles 1 and 2

Articles 1 and 2

Article 3(1)

Article 3(2)

Article 3(3)

Article 4(1)

Article 4(2)

Article 5

Article 6

—

Article 7

Annex I

Annex II

Annex III

Article 3(1)(a) and (b)

Article 3(1)(c)

Article 3(1)

Article 4(1)

Article 3(2)

Article 4(2)

Article 5(c)

Article 6

—

Article 5(a) and (b)

—

Article 7

Article 8

—

—

—