 |
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,
HAS ADOPTED THIS REGULATION:
Article 1
| 1. |
This Regulation lays down standards for:
(a)
milk fats falling within CN codes 0405 and ex 2106;
(b)
fats falling within CN code ex 1517; and
(c)
fats composed of plant and/or animal products falling within CN
codes ex 1517 and ex 2106;
with a fat content of at least 10 % but less than 90 % by weight,
intended for human consumption.
The fat content excluding salt must be at least two-thirds of the
dry matter.
|
| 2. |
This Regulation
shall apply to products which remain solid at a temperature of 20
°C, and which are suitable for use as spreads.
|
| 3. |
This Regulation
shall be without prejudice to Regulation (EEC) No 1898/87 or provisions
adopted in the veterinary and foodstuffs sectors to ensure that products
comply with hygiene and health standards and to protect animal and
human health.
|
Article 2
| 1. |
The products referred
to in Article 1 may not be supplied or transferred without processing
to the ultimate consumer either directly or through restaurants, hospitals,
canteens or similar establishments, unless they meet the requirements
set out in the Annex.
|
| 2. |
The sales descriptions of these products
shall be those specified in the Annex, without prejudice to Article
3 (2) or Article 5.
The sales descriptions in the Annex shall be reserved for the products
defined therein.
However, this paragraph shall not apply to:
- the designation of products the exact
nature of which is clear from traditional usage and/or when the
designations are clearly used to describe a characteristic quality
of the product,
- concentrated products (butter, margarine,
blends) with a fat content of 90 % or more
|
Article 3
| 1. |
In addition to the rules laid down in Directive
79/112/EEC, the following information must be indicated in the labelling
and presentation of the products referred to in Article 2 (1):
(a)
the sales description as defined in
the Annex;
(b)
the total percentage fat content by weight at the time of production
for products referred to in the Annex;
(c)
the vegetable, milk or other animal fat content in decreasing order
of weighted importance as a percentage by total weight at the time
of production for compound fats referred to in the Annex, Part C;
(d)
the percentage salt content must be indicated in a particularly
legible manner in the list of ingredients for products referred
to in the Annex.
|
| 2. |
Notwithstanding
paragraph 1 (a) the sales descriptions 'minarine' or 'halvarine' may
be used for products referred to in the Annex, Part B, point 3. |
| 3. |
The sales description
referred to in paragraph 1 (a) may be used together with one or more
terms to define the plant and/or animal species from which the products
originate, or the intended use of the products as well as with other
terms concerning the production methods in so far as such terms are
not in contradiction with other Community provisions, in particular
with Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates
of specific character for agricultural products and foodstuffs (8).
Indications of geographical origin may also be used subject to the
provisions of Council Regulation (EEC) No 2081/92 of 14 July 1992
on the protection of geographical indications and designations of
origin for agricultural products and foodstuffs (9).
|
| 4. |
The term 'vegetable'
may be used together with the sales descriptions in the Annex, Part
B, provided that the product contains only fat of vegetable origin
with a tolerance of 2 % of the fat content for animal fats. This tolerance
shall also apply where reference is made to a vegetable species.
|
| 5. |
The
information referred to in paragraph 1, 2 and 3 must be easy to understand
and marked in a conspicuous place in such a way as to be easily visible,
clearly legible and indelible.
6. Special measures regarding the information referred to in paragraph
1 (a) and (b) may be introduced for certain forms of advertising in
accordance with the procedure provided for in Article 9.
|
Article 4
The term 'traditional' may be used together
with the name 'butter' provided for in the Annex, Part A (1), where
the product is obtained directly from milk or cream.
For the purposes of this Article, 'cream' means the product obtained
from milk in the form of an emulsion of the oil-in-water type with
a milk-fat content of at least 10 %.
|
Article 5
| 1. |
Terms for products referred
to in the Annex which state, imply or suggest fat content other than
those referred to in that Annex shall be prohibited.
|
| 2. |
By way of derogation from paragraph 1 and
in addition:
(a)
the term 'reduced-fat' may be used for products referred to in the
Annex with a fat content of more than 41 % but not more than 62
%;
(b)
the terms 'low-fat' or 'light' may be used for products referred
to in the Annex with a fat content of 41 % or less.
The term 'reduced-fat' and the terms 'low-fat' or 'light' may, however,
replace respectively the terms 'three-quarter-fat' or 'half-fat'
used in the Annex.
Within five years of the date of entry into force of this Regulation
the Council shall review the application of this paragraph on the
basis of a report by the Commission.
|
| 3. |
By way of derogation from
paragraph 1 and for a transitional period of five years after the
publication of this Regulation the terms referred to in paragraph
1 may continue to appear on products which already display them on
31 December 1993 and which are legally marketed on the market of a
Member State.
|
Article 6
| 1. |
Subject to the provisions
of this Regulation, Member States may adopt or maintain national regulations
laying down different quality levels. Such regulations must allow
those quality levels to be assessed on the basis of criteria relating
in particular to the raw materials used, the organoleptic, characteristics
of the products and their physical and microbiological stability.
Member States making use of this option shall ensure that other Member
States' products which comply with the criteria laid down by those
regulations may, under non-discriminatory conditions, use terms which,
by virtue of those regulations, state that those criteria are complied
with.
|
| 2. |
The sales descriptions referred to in Article
3 (1) (a) may be supplemented by a reference to the quality level
peculiar to the product concerned.
|
| 3. |
Member States shall take the
measures necessary to ensure that checks are conducted on the application
of all the criteria referred to in the second subparagraph of paragraph
1 for determining the quality levels. Regular and frequent checks
shall extend up to the end product and must be made by one or more
bodies governed by public law and designated by the Member State,
or by an approved body supervised by the latter. Member States shall
give the Commission a list of the bodies they have designated.
|
Article 7
| Products imported into the Community must
comply with this Regulation in the cases referred to in Article 2
(1) |
Article 8
|
Detailed rules for the application of this
Regulation shall be adopted in accordance with the procedure provided
for in Article 9, and may in particular include:
- the list of the products referred to in
Article 2 (2), third subparagraph, first indent, on the basis
of the lists sent to the Commission by the Member States,
- the methods of analysis needed to check
the composition and manufacturing characteristics of the products
referred to in Article 1,
- detailed rules for the taking of samples,
- detailed rules for obtaining statistical
information on the markets in the products referred to in Article
1.
|
Article 9
In cases where reference is made to this Article,
the measures in question shall be adopted in accordance with the procedure
laid down in Article 30 of Regulation (EEC) No 804/68 and Article
38 of Regulation No 136/66/EEC.
|
Article 10
| Member States shall specify the effective
penalties to be imposed in the case of breach of the provisions of
this Regulation and, where appropriate, the national measures relevant
to its enforcement. Member States shall inform the Commission of the
penalties by 1 January 1997. |
Article 11
| 1. |
This Regulation shall enter
into force on 1 January 1996. |
| 2. |
Notwithstanding Article 2 (1), products on
the market of a Member State on 31 December 1995 which do not meet
the requirements specified in the Annex may be supplied or transferred
until 31 December 1997.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels, 5 December 1994.
For the Council
The President
Th. WAIGEL
(1) OJ No C 36, 14. 2. 1992, p. 12 and OJ
No C 62, 4. 3. 1993, p. 10.
(2) OJ No C 337, 21. 12. 1992, p. 236.
(3) OJ No C 223, 31. 8. 1992, p. 64.
(4) OJ No L 148, 28. 6. 1968, p. 13. Regulation as last amended
by Regulation (EC) No 2807/94 (OJ No L 298, 19. 11. 1994, p. 1).
(5) OJ No 172, 30. 9. 1966, p. 3025/66. Regulation as last amended
by Regulation (EC) No 3179/93 (OJ No L 285, 20. 11. 1993, p. 9).
(6) OJ No L 182, 3. 7. 1987, p. 36. Regulation as last amended by
Regulation (EEC) No 222/88 (OJ No L 28, 1. 2. 1988, p. 1).
(7) OJ No L 33, 8. 2. 1979, p. 1. Directive as last amended by Commission
Directive 91/72/EEC (OJ No L 42, 15. 2. 1991, p. 27).
(8) OJ No L 208, 24. 7. 1992, p. 9.
(9) OJ No L 208, 24. 7. 1992, p. 1.
|
Annex
| Fat Group |
Sales description |
Product categories |
| Definitions |
Additional description of the category
with an indication of the % fat content by weight |
|
A. Milk fats
Products in the form of a solid, malleable emulsion, principally
of the water-in-oil type, derived exclusively from milk and/or certain
milk products, for which the fat is the essential constituent of
value. However, other substances necessary for their manufacture
mey be added, provided those substances are not used for the purpose
of replacing, either in whole or in part, any milk constituents.
|
| 1. Butter |
The product with
a milk-fat content of not less than 80% but less than 90%, a
maximum water content of 16% and a maximum dry non-fat milk-material
content of 2%. |
| 2. Three-quarter-fat
butter (*) |
The product with
a milk-fat content of not less than 60% but not more than 62%. |
| 3. Half-fat
butter (**) |
The product
with a milk-fat content of not less than 39% but not more than
41%. |
| 4. Dairy spread X
% |
The product with the following milk-fat contents
- less than 39%,
- more than 41% but less than 60%,
- more than 62% but less than 80%.
|
|
|
(*) corresponding to 'smør 60' in Danish.
(**) corresponding to 'smør 40' in Danish.
|
| Fat Group |
Sales description |
Product categories |
| Definitions |
Additional description of the category
with an indication of the % fat content by weight |
|
B. Fats
Products in the form of a solid, malleable emulsion, principally
of the water-in-oil type, derived from solid and/or liquid vegetable
and/or animal fats suitable for human consumption, with a milk-fat
content of not more than 3% of the fat content.
|
| 1. Margarine |
The product obtained
from vegetable and/or animal fats with a fat content of not
less than 80% but less than 90%. |
| 2. Three-quarter-fat
margarine (*) |
The product obtained
from vegetable and/or animal fats with a fat content of not
less than 60% but not more than 62%. |
| 3. Half-fat
margarine (**) |
The product
obtained from vegetable and/or animal fats with a fat content
of not less than 39% but not more than 41%. |
| 4. Fat spreads X
% |
The product obtained from vegetable and/or animal fats with
the following fat contents:
- less than 39%,
- more than 41% but less than 60%,
- more than 62% but less than 80%.
|
|
|
(*) corresponding to 'margarine 60' in Danish.
(**) corresponding to 'margarine 40' in Danish.
|
| Fat Group |
Sales description |
Product categories |
| Definitions |
Additional description of the category
with an indication of the % fat content by weight |
|
C. Fats composed of plant and/or animal products
Products in the form of a solid, malleable emulsion, principally
of the water-in-oil type, derived from solid and/or liquid vegetable
and/or animal fats suitable for human consumption, with a milk-fat
content of between 10% and 80% of the fat content.
|
| 1. Blend |
The product obtained
from a mixture of vegetable and/or animal fats with a fat content
of not less than 80% but less than 90%. |
| 2. Three-quarter-fat
blend (*) |
The product obtained
from a mixture of vegetable and/or animal fats with a fat content
of not less than 60% but not more than 62%. |
| 3. Half-fat
blend (**) |
The product
obtained from a mixture of vegetable and/or animal fats with
a fat content of not less than 39% but not more than 41%. |
| 4. Blended spread
X % |
The product obtained from a mixture of vegetable and/or animal
fats with the following fat contents:
- less than 39%,
- more than 41% but less than 60%,
- more than 62% but less than 80%.
|
|
|
(*) corresponding to 'blandingsprodukt 60' in Danish.
(**) corresponding to 'blandingsprodukt 40' in Danish.
|
Note: The milk-fat component of the products listed in
the Annex may be modified only by physical processes.
|
|
