Commission Regulation (EC) No 445/2007 of 23 April 2007 laying down certain detailed rules for the application of Council Regulation (EC) No 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No 1898/87 on the protection of designations used in the marketing of milk and milk products (Codified version)

• CELEX: Regulation (EC) No 445/2007
• Articles: 10

Article 1

1.   The list of products covered by the derogation provided for in the first indent of the third subparagraph of Article 2(2) of Regulation (EC) No 2991/94 shall be as shown in Annex I hereto.

2.   The designations listed in the Annex to Decision 88/566/EEC which contain the word ‘butter’ in one of the Community languages shall not be affected by this Regulation.

Article 2

1.   The indication of the fat content as provided for in Article 3(1)(b) of Regulation (EC) No 2991/94 shall comply with the following rules:

(a)

the average fat content shall be declared without the use of decimals;

(b)

the average fat content may not differ by more than one percentage point from the percentage declared. Individual samples may not differ by more than two percentage points from the percentage declared;

(c)

in all cases, the average fat content must comply with the limits laid down in the Annex to Regulation (EC) No 2991/94.

2.   Notwithstanding paragraph 1, the fat content declared in respect of the products referred to in Parts A(1), B(1) and C(1) of the Annex to Regulation (EC) No 2991/94 shall correspond to the minimum fat content of the product.

3.   The procedure to be applied to verify compliance with paragraph 1 shall be as set out in Annex II.

Article 3

1.   The designation ‘butter’ may be used for composite products of which an essential part within the meaning of Article 2(3) of Regulation (EEC) No 1898/87 is butter if the end product contains at least 75 % milk fat and has been manufactured solely from butter within the meaning of Part A(1) of the Annex to Regulation (EC) No 2991/94 and the other added ingredient(s) mentioned in the description.

2.   The designation ‘butter’ may be used for composite products containing less than 75 % but at least 62 % milk fat if the other requirements specified in paragraph 1 are met and if the product designation includes the term ‘butter preparation’.

3.   By derogation from paragraphs 1 and 2, the designation ‘butter’ may be used in association with a word or words to designate the products listed in Annex III containing at least 34 % milk fat.

4.   The use of the designation ‘butter’ under paragraphs 1, 2 and 3 shall be subject to the requirement to indicate in the labelling and presentation of the products the milk fat content and, if the other added ingredients contain fat, the total fat content.

5.   The term ‘butter preparation’ in paragraph 2 and the indications in paragraph 4 must appear in a conspicuous place and be easily visible and clearly legible.

Article 4

Regulation (EC) No 577/97 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 V.

Article 5

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX I

ANNEX I

I.

(Spanish)

‘Mantequilla de Soria’ or ‘Mantequilla de Soria dulce’, ‘Mantequilla de Soria azucarada’: for a sweetened aromatised milk product with a minimum milk-fat content of 39 %

II.

(Danish)

III.

(German)

—

‘Butterkäse’: for cow's milk cheese which has a semi-soft, fatty consistency and a minimum milk-fat content in the dry matter of 45 %

—

‘Kräuterbutter’: for a butter-based preparation containing herbs and a minimum milk-fat content of 62 %

—

‘Milchmargarine’: for margarine containing at least 5 % whole milk, skimmed milk or other suitable milk products

IV.

(Greek)

V.

(English)

—

‘Brandy butter’, ‘Sherry butter’ or ‘Rum butter’: for a sweetened, alcoholic product with a minimum milk-fat content of 20 %

—

‘Buttercream’: for a sweetened product with a minimum milk-fat content of 22,5 %

VI.

(French)

‘Beurre d'anchois, de crevettes, de langouste, de homard, de crabe, de langoustine, de saumon, de saumon fumé, de coquille Saint-Jacques, de sardine’: for products containing sea foods and a minimum milk-fat content of 10 %

VII.

(Italian)

VIII.

(Dutch)

IX.

(Portuguese)

X.

(Finnish)

‘Munavoi’: for a product containing eggs and a minimum milk-fat content of 35 %

XI.

(Swedish)

—

‘flytande margarin’: for a product of a liquid consistency containing at least 80 % vegetable fats such as margarine yet whose composition is such that the product is not spreadable

—

‘messmör’: for a whey-based milk product, whether or not sweetened, of a minimum milk-fat content of 2 %

—

‘vitlökssmör’, ‘persiljesmör’ or ‘pepparrotssmör’: for a product containing foodstuffs having a flavouring effect and of a minimum milk-fat content of 66 %

ANNEX II

ANNEX II

Verification of the declared fat content of spreadable fats

Five samples are to be taken randomly from the batch to be checked and analysed. The following two procedures are to be applied:

A.

The arithmetical mean of the five results obtained is compared with the declared fat content. The declared fat content is deemed to comply if the arithmetical mean content does not differ by more than one percentage point from the declared fat content.

B.

The five individual results are compared with the tolerance (± two percentage points of the declared fat content) shown in Article 2(1)(b). If the difference between the maximum value and the minimum value of the five individual results is less than or equal to four percentage points, the requirements of Article 2(1)(b) are deemed to be met.

Where compliance with the conditions set out under A and B is established, the batch being checked is deemed to comply with the requirements of Article 2(1)(b) even where one of the five values falls outside the tolerance range of ± two percentage points.

ANNEX III

ANNEX III

Products referred to in Article 3(3)

Type of product

Composition of product

Minimum milk fat content

Alcoholic butter (butter containing alcoholic beverages)

Butter, alcoholic beverage, sugar

34  %

ANNEX IV

ANNEX IV

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 577/97

( OJ L 87, 2.4.1997, p. 3 )

Commission Regulation (EC) No 1278/97

( OJ L 175, 3.7.1997, p. 6 )

Commission Regulation (EC) No 2181/97

( OJ L 299, 4.11.1997, p. 1 )

Commission Regulation (EC) No 623/98

( OJ L 85, 20.3.1998, p. 3 )

Commission Regulation (EC) No 1298/98

( OJ L 180, 24.6.1998, p. 5 )

Commission Regulation (EC) No 2521/98

( OJ L 315, 25.11.1998, p. 12 )

Commission Regulation (EC) No 568/1999

( OJ L 70, 17.3.1999, p. 11 )

ANNEX V

ANNEX V

Correlation Table

Regulation (EC) No 577/97

This Regulation

Articles 1 to 3

Articles 1 to 3

Article 5

—

Article 5a

—

—

Article 4

Article 6

Article 5

Annexes I-III

Annexes I-III

—

Annex IV

—

Annex V