Council Regulation (EC) No 1234/2007 (repealed)Show full title

ANNEX XII U.K. DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK PRODUCTS REFERRED TO IN ARTICLE 114(1)

I. Definitions U.K.

For the purposes of this Annex:

(a)

‘marketing’ means holding or display with a view to sale, offering for sale, sale, delivery or any other manner of placing on the market;

(b)

‘designation’ means the name used at all stages of marketing.

II. Use of the term ‘milk’ U.K.

1. The term ‘milk’ means exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom. U.K.

However, the term ‘milk’ may be used:

(a)

for milk treated without altering its composition or for milk the fat content of which is standardised under Article 114(2) in conjunction with Annex XIII;

(b)

in association with a word or words to designate the type, grade, origin and/or intended use of such milk or to describe the physical treatment or the modification in composition to which it has been subjected, provided that the modification is restricted to an addition and/or withdrawal of natural milk constituents.

2. For the purposes of this Annex, ‘milk products’ means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent. U.K.

The following shall be reserved exclusively for milk products.

(a)

the following designations:

(i)

whey,

(ii)

cream,

(iii)

butter,

(iv)

buttermilk,

(v)

butteroil,

(vi)

caseins,

(vii)

anhydrous milkfat (AMF),

(viii)

cheese,

(ix)

yogurt,

(x)

kephir,

(xi)

koumiss,

(xii)

viili/fil,

(xiii)

smetana,

(xiv)

fil;

(b)

designations or names within the meaning of Article 5 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(1), actually used for milk products.

3. The term ‘milk’ and the designations used for milk products may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product. U.K.

4. The origin of milk and milk products to be defined by the Commission shall be stated if it is not bovine. U.K.

III. Use of designations in respect of competing products U.K.

1. The designations referred to in point II of this Annex may not be used for any product other than those referred to in that point. U.K.

However, this provision 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.

2. In respect of a product other than those described in point II of this Annex, no label, commercial document, publicity material or any form of advertising as defined in Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising(2) or any form of presentation, may be used which claims, implies or suggests that the product is a dairy product. U.K.

However, in respect of a product which contains milk or milk products, the designation ‘milk’ or the designations referred to in the second subparagraph of point II (2) of this Annex may be used only to describe the basic raw materials and to list the ingredients in accordance with Directive 2000/13/EC.

IV. Lists of products; communications U.K.

1. Member States shall make available to the Commission an indicative list of the products which they regard as corresponding in their territory to the products referred to in the second subparagraph of point III(1). U.K.

Member States shall, where necessary, make additions to this list subsequently and inform the Commission thereof.

2. Each year before 1 October the Member States shall report to the Commission on developments in the market in milk products and competing products in the context of the implementation of this Annex so that the Commission is in a position to report to the Council by 1 March of the ensuing year. U.K.

(1)

OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

(2)

OJ L 250, 19.9.1984, p. 17. Directive as last amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).