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Commission Regulation (EC) No 273/2008 (repealed)Show full title

Commission Regulation (EC) No 273/2008 of 5 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products (repealed)

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CHAPTER IIIGENERAL AND FINAL PROVISIONS

Article 17Quality assurance

Analyses shall be performed in laboratories having an analytical quality assurance system including internal quality control procedures. Not accredited laboratories shall participate in proficiency testing schemes at least once per year and their results shall not deviate by more than 2σR (reproducibility standard deviation of the reference method) from the consensus value. A detailed description of the systems used shall be available for consultation in the laboratory.

Laboratories that are accredited in accordance with the standards referred to in Article 12 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1) shall be exempted from the obligation to participate in proficiency testing.

Article 18Sampling and disputes over the results of analysis

1.Sampling shall be carried out in accordance with the relevant regulation for the product under consideration. If no sampling provisions are presented, then the provision given in ISO 707 | IDF 50, Milk and milk products — Guidance of sampling, shall be used.

2.Laboratory reports of the results of the analysis must contain sufficient information for an evaluation of the results to be made in accordance with Annex II and Annex XXI.

3.Duplicate samples must be taken for analyses required under Community rules.

4.The procedure described in Annex XXI shall be used in cases where the results of an analysis are not accepted by the operator.

5.If the manufacturer can prove, within five working days of sampling, that the sampling procedure was not carried out correctly, sampling must be repeated where possible. If sampling cannot be repeated, the consignment must be accepted.

Article 19Transition period

Evaluation of compliance according to Annex II to this Regulation shall be performed within 12 months after its entry into force. Member States will immediately report to the Commission where necessary if any major problem is encountered during this period with the statistical control procedure.

Article 20Repeals

Regulation (EC) No 213/2001 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 XXII.

Article 21Entry into force

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

It shall apply from 31 March 2008.

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