Legal provisions of COM(1979)9 - - Main contents
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dossier | COM(1979)9 - . |
---|---|
document | COM(1979)9 ![]() |
date | July 25, 1983 |
Contents
Article 1
2. For the purposes of this Directive:
- 'caseins' means the principal protein constituent of milk, washed and dried, insoluble in water and obtained from skimmed milk by precipitation:
- by the addition of acid, or
- by microbial acidification, or
- by using rennet, or
- by using other milk-coagulating enzymes,
without prejudice to the possibility of prior use of ion exchange processes and concentration processes,
- 'caseinates' means products obtained by drying caseins treated with neutralizing agents,
- 'skimmed milk' means the milk of one or more cows to which nothing has been added and of which only the fat content has been reduced.
Article 2
- the products defined in the Annexes may be marketed only if they conform to the definitions and rules laid down in this Directive and the Annexes thereto, and
- products which do not satisfy the criteria laid down in the Annexes are named and labelled in such a way that the buyer is not misled as to their nature, quality or use.
Article 3
Article 4
(a) the name reserved for these products in accordance with Article 3 with, in the case of caseinates, an indication of the cation or cations;
(b) in the case of products marketed as mixtures,
- the words "mixture of …" followed by the names of the different products which make up the mixture, in decreasing order of weight,
- an indication of the cation or cations in the case of caseinate or caseinates,
- the protein content in the case of mixtures containing caseinates;
(c) the net quantity expressed in the following units of mass: kilograms or grams. Until the end of the transitional period during which use of the imperial units of measurement contained in Chapter D of the Annex to Council Directive 71/354/EEC of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement , as last amended by Directive 76/770/EEC , is authorized in the Community, Ireland and the United Kingdom may permit the quantity to be expressed only in imperial units of measurement calculated on the basis of the following conversion rates:
— 1 ml = 0,0352 fluid ounces,
— 1 l = 1,760 pints or 0,220 gallons,
— 1 g = 0,0353 ounces (avoirdupois),
— 1 kg = 2,205 pounds;
(d) the name or business name and the address of the manufacturer or packager or of a seller established within the Community;
however, in the case of their national production, Member States may maintain in force national provisions requiring details of the manufacturing or packaging establishment to be mentioned;
(e) in the case of products imported from third countries, the name of the country of origin;
(f) the date of manufacture or some marking by which the batch can be identified.
2. Member States shall prohibit the marketing of edible caseins and caseinates in their territory if the particulars referred to in paragraphs 1 (a), (b), (e) and (f) do not appear in a language easily understood by the purchaser, unless the latter is given such information by other means; this provision shall not preclude the appearance of the said particulars in several languages.
The particulars specified in paragraph 1 (b), third indent, (c), (d) and (e), need appear only in an accompanying document. For transport in bulk, this derogation may be extended to (b), second indent, and (f).
Article 5
Article 6
2. Paragraph 1 shall not apply to non-harmonized provisions which are justified on the grounds of:
- protection of public health,
- prevention of fraud unless such provisions are liable to impede the application of the definitions and rules laid down by this Directive,
- protection of industrial and commercial property, indications of source, registered designation of origin and prevention of unfair competition.
Article 7
2. The Commission shall examine as soon as possible the reasons given by the Member State concerned and shall consult the Member States within the Standing Committee for Foodstuffs; it shall then deliver its opinion forthwith and take the appropriate measures.
3. If the Commission considers that amendments to the Directive are necessary in order to remedy the difficulties referred to in paragraph 1 and to protect human health, it shall initiate the procedure provided for in Article 10 for the purpose of adopting such amendments. In that case, the Member State which has adopted safeguard measures may maintain them until the amendments enter into force.
Article 8
Article 9
(a) the methods of analysis necessary for checking the purity criteria referred to in Article 8;
(b) the sampling procedures and methods of analysis necessary for checking the composition and manufacturing specifications at the time of manufacture of the products defined in the Annexes.
Article 10
2. The Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall give its opinion on the said draft within such time as the chairman of the Committee may determine in the light of the urgency of the matter in question. The Committee shall decide by a majority of at least 45 votes, the votes of the Member States being weighted in accordance with Article 148 (2) of the Treaty. The chairman shall not take part in the vote.
3. (a) The Commission shall adopt the measures contemplated where they are in accordance with the opinion of the Committee.
(b) Where the measures contemplated are not in accordance with the opinion of the Committee, or where no such opinion has been issued, the Commission shall forthwith submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.
(c) If, on expiry of a period of three months from the date on which the matter was referred to the Council, the latter has not acted, the proposed measures shall be adopted by the Commission.
Article 11
Article 12
- permit trade in products complying with this Directive not later than two years after its notification ,
- prohibit trade in products not complying with this Directive three years after its notification.