CELEX: 
Language: en
Date: 2017-11-15 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Commission Delegated Regulation (EU) 2016/1238 with regard to the compositional requirements and quality characteristics of milk and milk products eligible for public intervention and aid for private storage

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               The 2013 reform of the Common Agricultural Policy (the "CAP") has confirmed that the system of public intervention and aid for private storage should continue as two of the main market measures of the CAP as laid down in the Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products ("the CMO Regulation").
            
            
               A number of analysis methods laid down in Commission Regulation (EC) No 273/2008 have not been updated since 2008 and need to be reviewed, particularly in terms of accuracy of the methods but also as regards acceptable administrative burden and costs for Member States and for operators. Therefore, the Regulation on analysis methods for public intervention and private storage needs to be repealed and replaced by simplified rules that are aligned with the Treaty of Lisbon and with the according empowerments contained in the relevant basic acts. Moreover, under the new architecture of secondary legislation, the current separate Regulations covering analysis methods for products in the framework of public intervention and aid for private storage shall be integrated into the delegated and implementing horizontal acts related to the abovementionned measures.
            
            
               In view of harmonisation, a comprehensive screening of the methods was laid down to ensure the quality check of the dairy products bought into public intervention or eligible for private storage aid was carried out as well as the simplification of relevant provisions of the Commission Regulations.
            
            
               Due to the several technical improvements in the analytical methodology, compositional requirements and quality characteristics of certain milk products with regard to public intervention and aid for private storage should be reviewed. At the same time, better account was taken of existing Union rules related to hygiene requirements for dairy products. Quality parameters for buying-in under public intervention and for the private storage of milk products therefore need to be updated. This is being done with the present Delegated Regulation and a parallel Implementing Regulation. In order to ensure consistency, legislative coherence, certainty and thereby not creating a lacuna, the Delegated Regulation should be approved and applied from the same date as the Implementing Regulation.
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               The Commission discussed the draft Implementing and Delegated Acts with experts nominated by the Member States in meetings of the CMO Expert Group during the period November 2016 to July 2017 and took account of the views and positions expressed during these consultations.
            
            
               The draft Implementing and Delegated Regulations were made available for public consultation within the framework of the Better Regulation Portal for a period of four weeks from 8 September to 6 October 2017. In total one contribution was received for each draft. 
            
            
               Experts of the European Parliament were informed about all those discussions and invited to all the meetings.
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The delegated act amends Delegated Regulation (EU) 2016/1238 as regards the conditions of eligibility of products for the schemes taking account of the different nature of the products and in particular the analysis requirements for milk and milk products.
            
            
               In order to ensure harmonised checks it is necessary to have limits set with regards to the parameters required. Therefore the horizontal delegated Regulation on public intervention needs to be updated to be in line with the new implementing rules.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of 15.11.2017
            
            
               amending Commission Delegated Regulation (EU) 2016/1238 with regard to the compositional requirements and quality characteristics of milk and milk products eligible for public intervention and aid for private storage 
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
                  1
               , and in particular Article 19(1)(a) thereof,
            
         
         
            
               Whereas:
            
            
               (1)Commission Delegated Regulation (EU) 2016/1238
                  2
                sets out the compositional requirements and quality characteristics for milk and milk products that are eligible for public intervention and aid for private storage.
            
            
               (2)Due to technical improvements in the methodology used in the analysis and quality evaluation of milk and milk products and in order to align existing Union rules relating to hygiene requirements, it is necessary to review and update the parameters of the compositional requirements and quality characteristics of certain milk products eligible for public intervention and aid for private storage. 
            
            
               (3)Annexes IV and V to Commission Delegated Regulation (EU) 2016/1238 should therefore be amended accordingly, 
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               The Annexes to Delegated Regulation (EU) 2016/1238 are amended as follows:
            
            
               (a) Part II of Annex IV is replaced by the text set out in Annex I to this Regulation. 
            
            
               (b) Part II of Annex V is replaced by the text set out in Annex II to this Regulation. 
            
            
               Article 2
            
            
               This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels, 15.11.2017
            
            
               
                     For the Commission
               
               
                     The President
                     Jean-Claude JUNCKER
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 347, 20.12.2013, p. 671. 
               
               
                  
                     (2)
                  
                        Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (OJ L 206, 30.7.2016, p. 15).
               
            
      
    ---documentbreak--- 
      
         
         
            
               ANNEX I
            
            
               "PART II 
            
            
               Compositional requirements and quality characteristics
            
            
               Butter is a solid emulsion, mainly of the water-in-oil type, with the following compositional and quality characteristics:
            
            
                     
                        Parameters
                     
                  
                  
                     
                        Content and quality characteristics
                     
                  
               
                     
                        Fat
                     
                  
                  
                     
                        Minimum 82 %
                     
                  
               
                     
                        Water
                     
                  
                  
                     
                        Maximum 16 %
                     
                  
               
                     
                        Non-fat solids
                     
                  
                  
                     
                        Maximum 2 %
                     
                  
               
                     
                        Fat acidity
                     
                  
                  
                     
                        Maximum 1,2 mmole/100 g fat
                     
                  
               
                     
                        Peroxide value
                     
                  
                  
                     
                        Maximum 0,3 meq oxygen/1 000 g fat
                     
                  
               
                     
                        Non-milk fat
                     
                  
                  
                     
                        Not detectable by triglyceride analysis
                     
                  
               
                     
                        Sensory characteristics
                     
                  
                  
                     
                        At least four out of five points for appearance, flavour and consistency
                     
                  
               
               "
               
            
               ANNEX II
            
            
               "PART II
            
            
               Compositional requirements and quality characteristics 
            
            
                     
                        Parameters
                     
                  
                  
                     
                        Content and quality characteristics
                     
                  
               
                     
                        Protein 
                     
                  
                  
                     
                        Minimum 34,0 % of the non-fat dry matter
                     
                  
               
                     
                        Fat 
                     
                  
                  
                     
                        Maximum 1,00 %
                     
                  
               
                     
                        Water 
                     
                  
                  
                     
                        Maximum 3,5 %
                     
                  
               
                     
                        Titratable acidity in ml of decinormal sodium hydroxide solution
                     
                  
                  
                     
                        Maximum 19,5 ml
                     
                  
               
                     
                        Lactates 
                     
                  
                  
                     
                        Maximum 150 mg/100 g
                     
                  
               
                     
                        Phosphatase test
                     
                  
                  
                     
                        Negative, i.e., not more than 350 mU of phosphatasic activity per litre of reconstituted milk
                     
                  
               
                     
                        Insolubility index
                     
                  
                  
                     
                        Maximum 0,5 ml (24 °C)
                     
                  
               
                     
                        Scorched particles 
                     
                  
                  
                     
                        Maximum 15,0 mg, i.e. disc B minimum
                     
                  
               
                     
                        Micro-organisms 
                     
                  
                  
                     
                        Maximum 40 000 CFU per gram
                     
                  
               
                     
                        Buttermilk (1) 
                     
                  
                  
                     
                        None (2)
                     
                  
               
                     
                        Rennet whey (3) 
                     
                  
                  
                     
                        None
                     
                  
               
                     
                        Acid whey (3) 
                     
                  
                  
                     
                        None (4) or maximum 150 mg/100 g (5)
                     
                  
               
                     
                        Taste and smell
                     
                  
                  
                     
                        Clean
                     
                  
               
                     
                        Appearance
                     
                  
                  
                     
                        White or slightly yellowish colour, free from impurities and coloured particles
                     
                  
               
               (1) ‘Buttermilk’ means the by-product of butter production obtained after churning of the cream and separation of the solid fat.
            
            
               (2) The absence of buttermilk can be established either by an on-the-spot inspection of the production plant carried out without prior notice at least once a week, or by a laboratory analysis of the end product indicating a maximum of 69,31 mg of PEDP phosphatidylethanolamine dipalmitoyl per 100 g.
            
            
               (3) ‘Whey’ means the by-product of cheese or casein production obtained by the action of acids, rennet and/or chemico-physical processes.
            
            
               (4) when on-the-spot inspections are carried out.
            
            
               (5) when ISO 8069 is applied "