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Commission Regulation (EC) No 445/2007Show full title

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)

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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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 April 2007.

For the Commission

The President

José Manuel Barroso

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