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ANNEX

Annex I to Directive 2001/114/EC is hereby amended as follows:

1.

In point 1 ‘Partly dehydrated milk’, the first subparagraph shall be replaced by the following:

‘This means the liquid product, whether or not sweetened, obtained by the partial removal of water from milk, from wholly or partly skimmed milk or from a mixture of these products, which may have an admixture of cream or of wholly dehydrated milk or both, the addition of wholly dehydrated milk not to exceed, in the finished products, 25 % of total milk solids.’.

2.

In point 2 ‘Totally dehydrated milk’, the first subparagraph shall be replaced by the following:

‘This means the solid product, where the water content does not exceed 5 % by weight of the finished product, obtained by the removal of water from milk, from wholly or partly skimmed milk, from cream or from a mixture of these products.’.

3.

Point 3 ‘Treatments’ shall be amended as follows:

(a)

In point (b), the introductory words shall be replaced by the following:

‘Without prejudice to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(1), the preservation of the products referred to in paragraphs 1 and 2 shall be achieved:’

(b)

The following point shall be added:

‘(c)Without prejudice to the compositional requirements of points 1 and 2 of this Annex the protein content of milk may be adjusted to a minimum content of 34 % by weight (expressed on fat free dry matter), by the addition and/or withdrawal of milk constituents in such a way as not to alter the whey protein to casein ratio of the milk being adjusted.’.

4.

Point 4 ‘Authorised additions’ shall be replaced by the following:

‘4.Authorised additions and raw materials

(a)Vitamins and minerals in accordance with Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 of December 2006, on the addition of vitamins and minerals and of certain other substances to foods(2).

(b)Authorised raw materials for protein adjustment purposes referred to in point 3(c) shall be as follows:

(i)

Milk retentate

Milk retentate is the product obtained by concentrating milk protein by ultra filtration of milk, partly skimmed milk, or skimmed milk;

(ii)

Milk permeate

Milk permeate is the product obtained by removing milk proteins and milk fat from milk, partly skimmed milk, or skimmed milk by ultra filtration; and

(iii)

Lactose

Lactose is a natural constituent of milk normally obtained from whey with an anhydrous lactose content of not less than 99,0 % m/m on a dry basis. It may be anhydrous or contain one molecule of water of crystallisation or be a mixture of both forms.’.