(1)

Council Regulation (EEC) No 2204/90 of 24 July 1990 laying down additional general rules on the common organisation of the market in milk and milk products as regards cheeses (2) is repealed by Regulation (EC) No 1234/2007 as from 1 July 2008.

(2)

The provisions of Article 3 of Regulation (EEC) No 2204/90 on the exchange of information and on controls and administrative measures have not been incorporated in Regulation (EC) No 1234/2007. Pursuant to Articles 192 and 194 of Regulation (EC) No 1234/2007, those provisions should be integrated in Commission Regulation (EC) No 1547/2006 of 13 October 2006 laying down detailed rules for the application of Council Regulation (EEC) No 2204/90 (3).

(3)

In the interests of clarity and rationality Regulation (EC) No 1547/2006 should be repealed and replaced by a new Regulation.

(4)

Article 119 of Regulation (EC) No 1234/2007 stipulates that the use of casein and caseinates in the manufacture of cheese is subject to prior authorisation. It is necessary to lay down detailed rules for the grant of such authorisations, having regard to the requirements as regards checks on undertakings. In order to facilitate the implementation and monitoring of the derogations concerned authorisations should be granted for a specific period.

(5)

Point (i) of Article 121 of Regulation (EC) No 1234/2007 stipulates that the maximum percentages of casein and caseinates to be incorporated in cheese must be determined on the basis of objective criteria having regard to what is technologically necessary. It is appropriate to determine the said percentages at community level on the basis of available knowledge. In order to facilitate checks to ensure compliance with this provision, it is advisable to set overall percentages rather than percentages for individual products without prejudice to stricter standards at national level.

(6)

When using casein and/or caseinates in cheeses the international standards for cheese should be respected, in particular the respect of the whey protein/casein ratio (4).

(7)

It is necessary to lay down detailed rules on controls and penalties taking into account the structure of the industry. The level of the penalty should be determined when the aid pursuant to Article 100 of Regulation (EC) No 1234/2007 is reintroduced.

(8)

Without prejudice to any national penalties when use of caseins and caseinates in the manufacture of cheeses is made without authorisation, it is appropriate, where an amount of aid is fixed pursuant to Article 100 of Regulation (EC) No 1234/2007, to claim a penalty determined on the basis of the value of the casein and caseinates on one hand and the value of a corresponding quantity of skimmed milk powder on the other hand in order to neutralise at least the economic benefit arising from unauthorised utilisation. As long as the aid for the production of casein and caseinates is fixed at zero it is appropriate not to fix the level of the penalty.

(9)

Article 204(2)(f) of Regulation (EC) No 1234/2007 lays down that the Regulation applies as regards the milk and milk products sector, with the exception of the provisions set out in Chapter III of Title I of Part II, from 1 July 2008. It repeals Regulation (EEC) No 2204/90 as from that date. Therefore, this Regulation should apply from 1 July 2008.

(10)

In order to allow the industry to adapt to the new maximum percentage to be incorporated and its extension to other cheeses, a derogation for a period of six months should be provided for.

(11)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

(a)

the number of authorisations granted and/or revoked;

(b)

the quantities of casein and caseinates declared in respect of these authorisations, and the quantity of cheese produced;

(c)

the cases in which casein and/or caseinates have been used either without authorisation or without abiding the percentages laid down, with the unauthorised quantities of casein and caseinates used.