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Royal Decree 818/2015, 11 September, That Amending Annexes I And Ii Of The Royal Decree 1113 / 2006, Of 29 September, Which Approve The Quality Standards For Cheeses And Cheeses, And By Amending The Provision...

Original Language Title: Real Decreto 818/2015, de 11 de septiembre, por el que se modifican los anexos I y II del Real Decreto 1113/2006, de 29 de septiembre, por el que se aprueban las normas de calidad para quesos y quesos fundidos, y por el que se modifica la disposiciĆ³n...

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Royal Decree 1113/2006 of 29 September, approving the quality standards for cheese and melted cheese, constitutes the basic rules governing these products in Spain, as set out in Annexes I and II, respectively, the quality requirements for their preparation and marketing.

In the time since the adoption of this royal decree, there have been changes in the European Union's food law and also of a technological nature, which advise the introduction of a series of changes in the the above quality standards, in order to adapt them to the current situation.

For the sake of greater clarity of the food information provided to the consumer, it is appropriate to delete the optional designations of cheese according to the fat content, provided for in these quality standards, in order to ensure that declarations of a beneficial nature on the content or absence of fat which may be made on the labelling of such products are carried out in accordance with the rules laid down in Regulation (EC) No 1924/2006 of the European Parliament and of the Council Decision of 20 December 2006 on nutrition and property declarations healthy foods.

Moreover, in line with the general rule of the Codex Alimentarius for cheese, it is necessary to incorporate, as possible optional ingredients of cheese, the materials obtained from milk, including the caseins and caseinates, which are technologically necessary for the production of certain types of cheese.

At the same time, it is necessary to adapt the treatment with smoke and, in general, to remove the references to food additives from these quality standards, given the harmonisation of these matters in the European Union.

In addition, as provided for in the previous general rule on the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July, the labelling of cheeses, in all cases, except for For the purposes of this Regulation, it is necessary to comply with the mandatory labelling information requirements for packaged products at that time and it is appropriate to ensure that this criterion is applied, in an equivalent manner, to the current rules community on food information provided to the consumer.

In this respect and, in order to achieve the necessary market transparency, the labelling of cheeses which are marketed in whole pieces with the label directly attached to the bark and which are therefore not strictly covered by a package, shall comply with the same food information requirements as laid down for products packaged in Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011, on the provision of food information to the consumer and amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and repealing Commission Directive 87 /250/EEC, Council Directive 90 /496/EEC, Commission Directive 1999 /10/EC, Parliament Directive 2000 /13/EC European and Council Directives 2002/67/EC and 2008 /5/EC and Commission Regulation (EC) No 608/2004, except for the indication of the nutritional information to be required for packaged cheeses, as from 13 December 2004. 2016, and other exceptions that may apply to products without packaging.

For their part, the food information of the cheeses to be packaged in the place of sale, will be governed by the provisions of Royal Decree 126/2015, of 27 February, for which the general norm regarding the information is approved food to be supplied without packaging for sale to the final consumer and to the mass caterers, of the packings at the place of sale, at the request of the buyer and of those packaged by the holders of the retail trade.

Consequently, it is appropriate to amend Annexes I and II to Royal Decree 1113/2006 of 29 September laying down quality standards for cheese and melted cheeses in order to respond to technical questions that they advise, in addition to their suitability for EU food law and, in order to provide adequate information to consumers and to promote the competitiveness of the sector.

In the process of elaboration of this norm have been consulted the autonomous communities and the representative entities of the affected sectors, having issued favorable report the Inter-Ministerial Commission for the Food.

This provision has been subject to the procedure laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June laying down a procedure for the provision of information in the field of standards and (a) technical regulations, and in Royal Decree 1337/1999 of 31 July, governing the provision of information in the field of technical standards and regulations and regulations relating to the services of the information society, which incorporates this Directive into Spanish law.

Additionally and once the sector and the autonomous communities have been consulted, this royal decree includes a final provision amending the Royal Decree 4/2014 of 10 January, approving the quality standard for the Meat, ham, vane and the cane of Iberian loin, whose article 3 provides that the breeding animals of the Iberian and the duroc are registered in their respective breeding book. For the adaptation to the racial characteristics a transitional period of 2 years was granted but, after an important part of this transitional period, the sector is having a slower adaptation than previewed in relation to the duroc players, therefore it is necessary to modify the wording of the second transitional arrangement of the said royal decree, extending the transitional period for the males to four years.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment and the Minister of Health, Social Services and Equality, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day 11 September 2015,

DISPONGO:

Article first. Amendment of Annex I to Royal Decree 1113/2006 of 29 September laying down quality standards for cheese and melted cheese.

Annex I, quality standard for cheeses, of Royal Decree 1113/2006 of 29 September, approving the quality standards for cheese and melted cheese, is amended as follows:

One. Paragraph 2.3 is deleted.

Two. In paragraph 3.2, a new sub-paragraph 3.2.7 is added, which is worded as follows:

" 3.2.7. Other products obtained from milk and which are themselves of their composition, including casein and caseinates, provided that the ratio between casein and serum protein is equal to or greater than that of milk. '

Three. Paragraph 4 is deleted.

Four. Paragraph 5 is worded as follows:

" 5. Surface coating and treatment:

(a) For the coating of the cheeses may be used, other ingredients used in human nutrition or, where appropriate, authorised in accordance with Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997, on novel foods and novel food ingredients.

(b) May be subjected to traditional smoking by smoke from the combustion of the wood applied directly on the surface.

(c) Exclusively for matured cheeses, in the treatment of the bark may be used: waxes, paraffins, polymeric materials with or without colorants, specially prepared mineral oils and other materials authorized to such an end. "

Five. The first subparagraph of paragraph 7 is amended as follows:

" Without prejudice to compliance with the requirements laid down in the rules on food information provided to the consumer, the labelling of the cheeses shall be in addition to the specifications indicated in the the following sections.

The labelling of cheeses which are marketed in whole pieces with the label directly attached to the bark and not covered by a package, shall meet the same requirements as those required for packaged cheeses, with the exception of the reference to the mandatory nutrition information, without prejudice to the obligations arising from Regulation (EC) 1924/2006 of the European Parliament and of the Council of 21 December 2006. '

Six. The second subparagraph of paragraph 7.3 is deleted.

Seven. A new sub-paragraph 7.4 is added to paragraph 7, which is worded as follows:

" 7.4. The labelling of the products defined in this standard, in addition to the nutrition declarations in accordance with Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and of healthy properties in foods, may include, in the following conditions, the particulars, fat and extra-fat, according to the following conditions:

Fatty: When the cheese contains a minimum of 45 and less than 60 percent fat on the total dry extract.

Extra: When the cheese contains a minimum of 60 percent fat on the total dry extract. "

Article 2. Amendment of Annex II to Royal Decree 1113/2006 of 29 September laying down quality standards for cheese and melted cheese.

Annex II to Royal Decree 1113/2006 of 29 September laying down quality standards for cheese and melted cheese is hereby amended as follows:

One. Paragraph 2.1 is deleted.

Two. Paragraph 4 is deleted.

Three. The second subparagraph of paragraph 6.2 is deleted.

Four. The first subparagraph of paragraph 6 is amended and read as follows:

" Without prejudice to compliance with the requirements laid down in the rules on food information provided to the consumer, the labelling of melted cheeses shall also be adjusted to the specifications which are indicate in the following paragraphs. "

Five. A new sub-paragraph 6.3 is added to paragraph 6, which is worded as follows:

" 6.3 The labelling of the products defined in this standard, in addition to the nutritional declarations in accordance with Regulation (EC) 1924/2006 of 20 December 2006 on nutrition and property declarations health in food may include, optionally, the particulars, fatty and extra, according to the following conditions:

Fatty: when the cheese contains a minimum of 45 and less than 60 percent fat on the total dry extract.

Extra: When the cheese contains a minimum of 60 percent fat on the total dry extract. "

Single transient arrangement. Product marketing extension.

Products manufactured prior to the entry into force of this royal decree that do not conform to the provisions of this royal decree, may continue to be marketed until they are exhausted, provided that they comply with the current provisions at that time.

Final disposition first. Amendment of Royal Decree 4/2014 of 10 January, approving the standard of quality of meat, ham, pallet and cane of Iberian loin.

The second transient disposition is modified. Deadlines for adaptation to the new rule regarding racial characteristics, which is left with the following wording::

" Without prejudice to the provisions of the repeal provision, in order to facilitate compliance with the provisions of this standard with regard to the racial characteristics of animals and the procedure for their use, certification, a transitional period is established for the players to receive Royal Decree 1469/2007 to conform to this royal decree, which will be two years for the Iberian players and four years for the duroc players. In any case, the new Iberian players who, from the publication of this standard, are to be incorporated into the holdings must comply with the above racial requirements. "

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on September 11, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON