CELEX: 51990EC2921
Language: en
Date: 2008-07-29
Title: Draft Commission Regulation (EC) no …/.. of […] on aid for the production of casein and caseinates from skimmed milk (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2007)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

                                       on aid for the production of casein and caseinates from skimmed milk

                                                                (Codified version)

                                            ê 2921/90

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

                                       on aid for the production of casein and caseinates from skimmed milk

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

                                            ê 2921/90 (adapted)

Having regard to Council Regulation Ö (EC) No 1255/1999 of 17 May 1999 Õ on the common organisation of the market in milk and  milk  products[1],
and in particular Articles Ö 15 Õ and Ö 40 Õ thereof,

Whereas:

                                            ê 

   1) Commission Regulation (EEC) No 2921/90 of 10 October 1990 on aid for the production of casein and caseinates from skimmed milk[2] has  been
      substantially amended several times[3]. In the interests of clarity and rationality the said Regulation should be codified.

                                            ê 2921/90 Recital 1 (adapted)

   2) Regulation Ö (EC) No 1255/1999 Õ, lays down general rules on aid for the processing of skimmed milk into casein and caseinates.

                                            ê 2921/90 Recital 3

   3) Experience indicates that provisions on surveillance, in particular with regard to the frequency and type of inspection to be  carried  out
      on the spot and on the penalties for non-compliance with the conditions laid down for the granting of aid, should be specified.

                                            ê 2921/90 Recital 4 (adapted)

   4) Ö The measures provided for in this Regulation are in accordance with the opinion of Õ the Management Committee for Milk and Milk Products,

                                            ê 2921/90

HAS ADOPTED THIS REGULATION:

                                            ê 2654/1999 Art. 1 pt. 2 (adapted)

                                                                    Article 1

For the purposes of this Regulation:

(a)   “skimmed milk” means the milk of one or more cows or goats to which nothing has been added and which has been only partially skimmed so  as
       to reduce its fat content to no more than 0.10%;

(b)   “raw casein” means products, insoluble in water, obtained from skimmed  milk  by  precipitation  through  microbial  acidification  or  the
       addition of acids, rennet or other milk-coagulating enzymes, regardless of any prior use of ion exchange or concentration processes;

(c)   “casein” means washed and dried products, insoluble in water and obtained  from  raw  casein  or  skimmed  milk  by  precipitation  through
       microbial acidification or the addition of acids, rennet or other milk-coagulating enzymes, regardless of any prior use of ion exchange or
       concentration processes;

(d)   “caseinates” means products obtained by drying casein or raw casein treated with neutralising agents.

Ö In addition, the definitions contained in Annex IV apply. Õ

                                            ê 2921/90 Art. 1 (adapted)

                                                                    Article 2

1. Aid shall be granted to producers of casein and caseinates only if these products

Ö (a) Õ     have been produced from skimmed milk of Community origin or raw casein extracted from milk of Community origin;

Ö (b) Õ     meet the composition requirements of Annex I, II or III;

Ö (c) Õ     are packaged as stipulated in Article 4.

                                            ê 2654/1999 Art.1 pt. 1

2. Aid shall be paid on the basis of a written application submitted by the casein or caseinate  producer  to  the  competent  authority  in  the
Member State where the caseins or caseinates were produced, stating:

                                            ê 2921/90 (adapted)

Ö (a) Õ     the producer's name and address;

Ö (b) Õ     the quantity of casein or caseinates covered by the application and its quality;

Ö (c) Õ     the relevant production batch numbers.

3. For the purposes of this Regulation a production batch must consist of products of identical quality made on the same day. However, where  the
total production of casein and caseinates of the establishment concerned during the previous calendar year  did  not  exceed  1 000  tonnes,  the
production batch may consist of products made during the same calendar week.

                                            ê 2921/90

                                                                    Article 3

                                            ê 1368/95 Art.1 pt.1
                                            è1 1487/2006 Art. 1

1. The aid per 100 kilograms of skimmed milk processed into casein or caseinates as referred to in paragraph 2 shall be è1 EUR 0.00 ç.

                                            ê 2921/90 (adapted)
                                            è1 1368/95 Art.1 pt.2
                                            è2 1368/95 Art.1 pt.3

2. For calculation of the aid it shall be considered that:

(a)   one kilogram of acid casein as defined in Annex I was produced from 32.17 kilograms of skimmed milk;

(b)   one kilogram of caseinate or rennet-casein as defined in Annex I or acid casein as defined in Annex II was produced  from  33.97  kilograms
       of skimmed milk;

(c)   one kilogram of rennet-casein or caseinate as defined in Annex II was produced from 35.77 kilograms of skimmed milk;

è1 (d) ç    one kilogram of caseinate as defined in Annex III was produced from 28.57 kilograms of skimmed milk.

3. Aid shall be granted at the rate applicable on the day of production of the casein or caseinates.

                                                                    Article 4

Containers and packages of caseins and caseinates must show:

(a)   the description of the product and either the minimum or maximum or the actual percentage content of components indicated in Annexes I,  II
       and III. è2 The description to be shown on products as referred to in Annex III shall be as follows:

       “Caseinates containing more than 5% but not more than 17%, calculated on the total milk protein content,  of  simultaneously  precipitated
       milk protein other than casein”; ç

(b)   the words “Regulation (EC) No Ö […] Õ”;

(c)   the production batch number.

                                                                    Article 5

1. Producers may not receive the aid unless they:

(a)   keep monthly abstracts of the quantities of milk and milk  products,  including  casein  and  caseinates,  delivered,  produced,  used  and
       disposed of;

(b)   submit to surveillance by the competent authority.

2. Monthly abstracts referred to in paragraph 1(a) shall cover at least the following:

(a)   entries of milk and cream;

(b)   purchases of raw casein;

(c)   purchases of casein and caseinates;

(d)   quantities of casein and caseinates produced, identified by production batch number, with date of production;

(e)   quantities of other milk products produced;

(f)   quantities of casein and caseinates sold, with date of sale and name and address of the recipient;

(g)   losses, samples and quantities returned and replaced of milk, milk products, casein and caseinates.

The abstracts shall be supported in particular by delivery notes, invoices and the undertaking's records.

                                                                    Article 6

1. To ensure that the provisions of this Regulation are complied with Member States shall carry out unannounced  on-the-spot  inspections  to  be
decided on the basis of the establishment's production schedule. At least one inspection per period of seven production days shall be made.

The inspections shall involve the taking of samples from each production batch and  shall  cover  the  conditions  of  production,  quantity  and
composition of the casein and caseinates produced.

2. The inspection referred to in paragraph 1 shall be supplemented, at intervals depending on the quantity of casein and caseinates produced,  by
thorough scrutiny and sampling in order to reconcile the information given in the aid  application  and  the  monthly  abstract  referred  to  in
Article 5 with relevant commercial documents and product stocks actually held.

These further checks must cover at least 25% of the total quantity covered by aid applications and each establishment must be  checked  at  least
once every six months.

3. Ö The Member State shall intensify the inspection operations provided for in paragraph 2 and immediately inform the  Commission,  where  there
are: Õ

(a)   significant irregularities affecting 5% or more of the aid operations checked;

(b)   significant discrepancies by comparison with the recipient's previous operations.

4. Member States shall recover sums wrongly paid out, plus interest. The interest rates to be applied shall be those fixed  pursuant  to  Ö Annex
IV, points I.1 and I.2 Õ of Commission Regulation (EC) No Ö 884/2006[4]Õ and shall be calculated from the date of payment of the aid.

5. Except in cases of force majeure, if a check reveals that the aid applied for or paid is higher than that actually due  under  the  provisions
of this Regulation Ö (a) or (b) shall apply as appropriate Õ:

Ö (a) Õ     it shall be reduced by 15% if the difference is less than 8% and by 50% if the difference is between 8% and 20%. If  it  has  already
       been paid, 15% or 50% of the amount, as appropriate, must be repaid;

Ö (b) Õ     no aid shall be granted, or all aid shall be repaid, if the difference is more than 20%.

6. If the check shows that the difference referred to in paragraph 5 stems from an error in the application made either deliberately or by  gross
negligence, the applicant shall be debarred from aid for six months from the date of notification of such exclusion.

                                            ê 

                                                                    Article 7

Regulation (EEC) No 2921/90 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 VI.

                                            ê 2921/90 (adapted)

                                                                    Article 8

This Regulation shall enter into force on the Ö twentieth day following that Õ of its  publication  in  the  Official  Journal  of  the  European
Ö Union Õ.

                                            ê 2921/90

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

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 2921/90 (adapted)

                                                                     ANNEX I

                                                             Composition requirements

             Caseins and caseinates Ö with a Õ milk protein content other than casein not exceeding 5% of total milk protein content

|I. Acid casein                                                                                   |                                      |
|1. Maximum moisture content                                                                      |12,00%                                |
|2. Maximum fat content                                                                           |1,75%                                 |
|3. Free acids, expressed as lactic acid (maximum)                                                |0,30%                                 |
|II. Rennet-casein                                                                                |                                      |
|1. Maximum moisture content                                                                      |12,00%                                |
|2. Maximum fat content                                                                           |1,00%                                 |
|3. Minimum ash content                                                                           |7,50%                                 |
|III. Caseinates                                                                                  |                                      |
|1. Maximum moisture content                                                                      |6,00%                                 |
|2. Minimum content in milk protein substances                                                    |88,00%                                |
|3. Maximum fat and ash content                                                                   |6,00%                                 |

                                                                  _____________

                                                                     ANNEX II

                                                             Composition requirements

             Casein and caseinates Ö with a Õ milk protein content other than casein not exceeding 5% of total milk protein content.

|                                                                                 |Acid casein           |Rennet-casein            |
|I. Caseins                                                                       |                      |                         |
|1. Maximum moisture content                                                      |10,00%                |8,00%                    |
|2. Maximum fat content                                                           |1,50%                 |1,00%                    |
|3. Free acids expressed as lactic acids — maximum                                |0,20%                 |—                        |
|4. Minimum ash content                                                           |—                     |7,50%                    |
|5. Total bacterial count (maximum in 1 g)                                        |30 000                |30 000                   |
|6. Coliforms (in 0,1 g)                                                          |absence               |absence                  |
|7. Thermophilic bacterial count (maximum in 1 g)                                 |5 000                 |5 000                    |
|II. Caseinates                                                                   |                      |                         |
|1. Maximum moisture content                                                      |6,00%                 |                         |
|2. Minimum content in milk protein substances                                    |88,00%                |                         |
|3. Maximum fat and ash content                                                   |6,00%                 |                         |
|4. Total bacterial count (maximum in 1 g)                                        |30 000                |                         |
|5. Coliforms (in 0,1 g)                                                          |absence               |                         |
|6. Thermophilic bacterial count (maximum in 1 g)                                 |5 000                 |                         |

                                                                  _____________

                                            ê 1368/95 Art.1 pt.4

                                                                    ANNEX III

                                                             Composition requirements

                  Caseinates with a milk protein content not including casein of not more than 17% of total milk protein content

|1. Maximum moisture content                                                                      |6,00%                           |
|2. Minimum total milk protein content                                                            |85,00%                          |
|3. Maximum fat content                                                                           |1,50%                           |
|4. Maximum lactose content                                                                       |1,00%                           |
|5. Maximum ash content                                                                           |6,50%                           |
|6. Total bacterial count (maximum in 1 g)                                                        |30 000                          |
|7. Coliforms (in 0,1 g)                                                                          |None                            |
|8. Thermophilic bacterial count (maximum in 1 g)                                                 |5 000                           |

                                                                  _____________

                                            ê 2921/90 (adapted)

                                                                     ANNEX IV

                                                                     CONTROL

(A)   Method of analysis

      For the purpose of applying this Regulation, the reference methods set out in Commission Directive 85/503/EEC Ö [5] Õ as listed  below  are
       binding:

       1.   determination of moisture content (expressed as water),

       2.   determination of protein content (proteins),

       3.   determination of titratable acidity (free acidity),

       4.   determination of ash (including P2O5).

(B)   Definitions

       1.   Fat content

            “Fat content” means the quantity of total substance obtained by the Schmid-Bondzjnski-Ratzlaff method or  the  Röse-Gottlieb  method,
           expressed as a percentage weight.

       2.   Milk protein content other than casein

            “Milk protein content other than casein” means the content determined by measuring the -SH and -S-S- groups linked with proteins, the
           reference values being 0,25% and 3% respectively for pure casein and whey protein.

       3.   Lactose content

            “Lactose content” means the content determined by colour reaction with a solution of sulphuric phenol after breakdown of the  product
           in a medium of sodium bicarbonate and after separation of the whey by precipitation of the protein in an acid medium.

       4.   Total bacterial count

            “Total bacterial count” means the content determined by counting the colonies developed on a culture medium after incubation  for  72
           hours at a temperature of 30 °C.

       5.   Coliforms

            “Absence of coliforms” in 0,1 grams of the product means the negative reaction obtained on a culture medium after incubation  for  24
           hours at a temperature of 30 °C.

       6.   Thermophilic bacterial count

            “Thermophilic bacterial count” means the content determined by counting the colonies developed on a culture medium  after  incubation
           for 48 hours at a temperature of 55 °C.

(c)   Sampling

      Samples shall be taken in accordance with the procedure laid down in International  Standard  ISO  707;  however,  Member  States  may  use
       another method of sampling provided that it complies with the principles of the abovementioned standard.

                                                                  _____________

                                            é

                                                                     ANNEX V

                                            Repealed Regulation with list of its successive amendments

|Commission Regulation (EEC) No 2921/90                                               |                                               |
|(OJ L 279, 11.10.1990, p. 22)                                                        |                                               |
|Commission Regulation (EEC) No 1768/91                                              |                                              |
|(OJ L 158, 22.6.1991, p. 49)                                                        |                                              |
|Commission Regulation (EEC) No 1939/92                                              |                                              |
|(OJ L 196, 15.7.1992, p. 17)                                                        |                                              |
|Commission Regulation (EEC) No 140/93                                               |                                              |
|(OJ L 19, 28.1.1993, p. 15)                                                         |                                              |
|Commission Regulation (EEC) No 1756/93                                              |Article 3(1) 15th indent only                 |
|(OJ L 161, 2.7.1993, p. 48)                                                         |                                              |
|Commission Regulation (EC) No 1368/95                                               |                                              |
|(OJ L 133, 17.6.1995, p. 4)                                                         |                                              |
|Commission Regulation (EC) No 2547/95                                               |                                              |
|(OJ L 260, 31.10.1995, p. 47)                                                       |                                              |
|Commission Regulation (EC) No 257/1999                                              |                                              |
|(OJ L 30, 4.2.1999, p. 19)                                                          |                                              |
|Commission Regulation (EC) No 2501/1999                                             |                                              |
|(OJ L 304, 27.11.1999, p. 13)                                                       |                                              |
|Commission Regulation (EC) No 2654/1999                                             |                                              |
|(OJ L 325, 17.12.1999, p. 10)                                                       |                                              |
|Commission Regulation (EC) No 1236/2000                                             |                                              |
|(OJ L 141, 15.6.2000, p. 7)                                                         |                                              |
|Commission Regulation (EC) No 2295/2000                                             |                                              |
|(OJ L 262, 17.10.2000, p. 16)                                                       |                                              |
|Commission Regulation (EC) No 502/2001                                              |                                              |
|(OJ L 73, 15.3.2001, p. 15)                                                         |                                              |
|Commission Regulation (EC) No 1335/2001                                             |                                              |
|(OJ L 180, 3.7.2001, p. 20)                                                         |                                              |
|Commission Regulation (EC) No 2348/2001                                             |                                              |
|(OJ L 315, 1.12.2001, p. 41)                                                        |                                              |
|Commission Regulation (EC) No 1056/2002                                             |                                              |
|(OJ L 161, 19.6.2002, p. 3)                                                         |                                              |
|Commission Regulation (EC) No 1471/2002                                             |                                              |
|(OJ L 219, 14.8.2002, p. 3)                                                         |                                              |
|Commission Regulation (EC) No 785/2003                                              |                                              |
|(OJ L 115, 9.5.2003, p. 15)                                                         |                                              |
|Commission Regulation (EC) No 2208/2003                                             |                                              |
|(OJ L 330, 18.12.2003, p. 19)                                                       |                                              |
|Commission Regulation (EC) No 590/2004                                              |                                              |
|(OJ L 94, 31.3.2004, p. 5)                                                          |                                              |
|Commission Regulation (EC) No 1325/2004                                             |                                              |
|(OJ L 246, 20.7.2004, p. 21)                                                        |                                              |
|Commission Regulation (EC) No 1651/2004                                             |                                              |
|(OJ L 297, 22.9.2004, p. 3)                                                         |                                              |
|Commission Regulation (EC) No 1826/2004                                             |                                              |
|(OJ L 321, 22.10.2004, p. 3)                                                        |                                              |
|Commission Regulation (EC) No 281/2005                                              |                                              |
|(OJ L 48, 19.2.2005, p. 5)                                                          |                                              |
|Commission Regulation (EC) No 739/2005                                              |                                              |
|(OJ L 122, 14.5.2005, p. 18)                                                        |                                              |
|Commission Regulation (EC) No 935/2005                                              |                                              |
|(OJ L 158, 21.5.2005, p. 5)                                                         |                                              |
|Commission Regulation (EC) No 1487/2006                                             |                                              |
|(OJ L 278, 10.10.2006, p. 8)                                                        |                                              |

                                                                  _____________

                                                                     ANNEX VI

                                                                Correlation Table

|Regulation (EEC) No 2921/90                                          |This Regulation                                                      |
|Article 1(1) introductory sentence                                   |Article 2(1) introductory sentence                                   |
|Article 1(1) first indent                                            |Article 2(1)(a)                                                      |
|Article 1(1) second indent                                           |Article 2(1)(b)                                                      |
|Article 1(1) third indent                                            |Article 2(1)(c)                                                      |
|Article 1(2) introductory sentence                                   |Article 2(2) introductory sentence                                   |
|Article 1(2)(i)                                                      |Article 2(2)(a)                                                      |
|Article 1(2)(ii)                                                     |Article 2(2)(b)                                                      |
|Article 1(2)(iii)                                                    |Article 2(2)(c)                                                      |
|Article 1(3)                                                         |Article 2(3)                                                         |
|Article 1(4)                                                         |Article 1, first subparagraph                                        |
|-                                                                    |Article 1, second subparagraph                                       |
|Article 2                                                            |Article 3                                                            |
|Article 3                                                            |Article 4                                                            |
|Article 4                                                            |Article 5                                                            |
|Article 5                                                            |Article 6                                                            |
|Article 6                                                            |-                                                                    |
|-                                                                    |Article 7                                                            |
|Article 7                                                            |Article 8                                                            |
|Annexes I-IV                                                         |Annexes I-IV                                                         |
|-                                                                    |Annex V                                                              |
|-                                                                    |Annex VI                                                             |

                                                                  _____________

                                                             -----------------------
[1]   OJ L Ö 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2) Õ.
[2]   OJ L 279, 11.10.1990, p. 22. Regulation as last amended by Regulation (EC) No 1487/2006 (OJ L 278, 10.10.2006, p. 8).
[3]   See Annex V.
[4]   OJ L Ö 171, 23.6.2006, p. 35 Õ.
[5]   OJ L 308, 20.11.1985, p. 12.