Council Regulation (EC) No 2991/94 of 5 December 1994 laying down standards for spreadable fats

COUNCIL REGULATION (EC) No 2991/94 of 5 December 1994 laying down standards for spreadable fats
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (4), lays down in Article 6 a single definition for butter covered by the intervention system;
Whereas, moreover, Articles 35a and 36 of Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (5), provide for the establishment of marketing standards for all products in  that sector; whereas these standards, especially in the case of margarine, may in particular relate to quality classification, taking account of marketing requirements and the special position of these products;
Whereas the development of production techniques and the expectations of consumers have resulted in increasing diversification of the market in solid fats intended for human consumption;
Whereas the products covered by this Regulation must be deemed to be competing products, being comparable from the point of view of certain characteristics, in particular appearance and use;
Whereas the laying down of marketing standards for the milk and non-milk products concerned with a clear and distinct classification accompanied by rules on designation will accordingly ensure the stability of the agricultural markets in question and  contribute to the establishment of a fair standard of living for the agricultural population;
Whereas the main aspect of the products is their fat content; whereas the products with a fat content of at least 10 % but less than 90 % by weight intended for human consumption make up the great majority of products on the market, and in particular of  products intended for the ultimate consumer;
Whereas a solution laying down a uniform classification for all the products involved will make it easier for the consumer to choose between products which, on the one hand, are comparable as regards fat content in general but, on the other hand, differ  as regards the plant and/or animal fats used;
Whereas the scope of the Regulation must be extended to all competing products with a fat content of at least 10 % but less than 90 % by total weight intended for supply without further processing to the ultimate consumer;
Whereas the possibility of manufacturing products with various fat contents should be maintained and, in order to avoid confusing the consumer, and in view of experience gained in the milk sector, the terms 'butter' and 'margarine' should be used solely  for certain categories of products with a clearly defined fat content;
Whereas, moreover, such a framework of Community rules will contribute towards the development of trade under conditions of fair competition;
Whereas, in order to achieve the desired clarity, designations for all the products concerned should be laid down; whereas the reduction in the fat content must appear in the designation;
Whereas, as a result, provision should be made that only those products meeting the requirements of this Regulation may be supplied for final consumption; whereas products which fall outside the scope of this Regulation may be supplied or transferred to  the ultimate consumer, but the reserved sales descriptions may not be used;
Whereas this Regulation must apply without prejudice to Council Regulation (EEC) No 1898/87 of 2 July 1987 on the protection of designations used in the marketing of milk and milk products (6), as is also the case with regard to Community legislation in  the veterinary and foodstuffs sectors aimed at ensuring compliance with hygiene and labelling standards for foodstuffs;
Whereas it is necessary to adopt certain provisions additional to those laid down in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of  foodstuffs (7); whereas this involves, in particular, the indication of the total fat content and certain fat constituents composed of various plant and animal fats;
Whereas, in order to ensure the coherence of these arrangements, products imported from third countries should be subject to equivalent requirements;
Whereas provision should be made for the Member States to lay down suitable checks and penalties in the case of infringements of this Regulation;
Whereas the standards laid down in this Regulation are entirely without prejudice to the tariff classification of the products in question;
Whereas a sufficient time limit should be provided for in order, on the one hand, to allow all products on the market to be adapted to the provisions laid down and, on the other hand, to allow stocks of packaging labelled in accordance with national  legislation previously in force to be disposed of,