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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

I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Articles 10 and 15 and Articles 26(3), 29(1) and 31(4) thereof,

Whereas:

(1) Commission Regulation (EC) No 213/2001 (2) lays 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. In the light of technical developments in the field of analytical methodology further substantial changes need to be made.

In the interest of clarity and efficiency and given the number and technical nature of the amendments, Regulation (EC) No 213/2001 should be repealed and replaced by a new regulation.

(2) The composition and quality requirements for milk and milk products laid down under the arrangements provided for in Regulation (EC) No 1255/1999 must be verified to ensure that they are strictly complied with.

(3) The reference methods for such verifications are often methods published by international organisations such as the European Committee for Standardization (CEN), the International Dairy Federation (IDF), the International Organisation for Standardisation (ISO) and the Scientific Association dedicated to the analytical Excellence (AOAC International), which are regularly updated by those organisations. In some cases a Community reference method is laid down, while in other cases no reference method is specified in the Community rules. In order to ensure that reference methods are uniformly applied, a list of reference methods should be drawn up and provision should be made for the Commission to adapt the list where necessary.

(4) The use of routine methods should not be ruled out. Minimal conditions for using them should therefore be specified.

(5) Common procedures should also be established to ensure uniform practice in evaluating the results of analyses, in sensory evaluation of the products concerned and in re-examining results which have been disputed.

(6) For some analyses, there are currently no internationally accepted reference methods which have been validated and thus no information is available on the betweenlaboratory-variation of analytical results. Community methods should therefore be laid down, which have been validated according to internationally established rules and should be applied as reference methods.

(7) Commission Regulation (EC) No 1898/2005 (3) lays down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market and provides for the tracing of cream, butter and concentrated butter in certain circumstances in order to ensure the correct end use of these products. Tracing is important for the proper functioning of the scheme. In order to ensure that operators participating in it receive equal treatment, common methods should be established for determining some of these tracers.(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3). Regulation (EC) No 1255/1999 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

(2) OJ L 37, 7.2.2001, p. 1.

(3) OJ L 308, 25.11.2005, p. 1. Regulation as last amended by Regulation (EC) No 1546/2007 (OJ L 337, 21.12.2007, p. 68).

29.3.2008 EN Official Journal of the European Union L 88/1 (8) Under Article 9 of Regulation (EC) No 1255/1999, private storage aid may be granted for cheeses made from ewes' milk. A special refund for the same products can be granted under Article 31 of that Regulation. Cheeses made from ewes' milk, goats' milk, buffalos' milk and mixtures of ewes', goats' and buffalos' milk may be imported into the Community under preferential arrangements from certain third countries. In view of the above, appropriate checks are needed to ensure that no cow's milk has been incorporated in the products concerned. A Community reference method should therefore be established for detecting cow's milk, without prejudice to the use of routine methods, provided they comply with certain criteria.

(9) Under Commission Regulation (EEC) No 2921/90 of 10 October 1990 on aid for the production of casein and caseinates from skimmed milk (1), the absence of coliforms must be detected. The internationally accepted reference methods for detecting coliforms in milk and milk products is ISO 4831. A Community reference method for detecting co...

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