
Article 1 

1. Authorisations referred to in Article 119 of Regulation (EC) No 1234/2007 shall be granted for a period of 12 months, at the request of the undertakings concerned, subject to a prior undertaking in writing to accept and comply with the provisions of Article 3 of this Regulation.
2. Authorisations shall be issued with a serial number for each undertaking or, where necessary, for each production unit.
3. Authorisations may cover one or more types of cheese, in accordance with the application made by the undertaking concerned.
Article 2 

1. The maximum percentage referred to in point (i)(i) of Article 121 of Regulation (EC) No 1234/2007 to be incorporated in products falling under CN code 0406 is 10 %. It shall apply to the weight of the cheese produced by the undertaking or production unit concerned during a six-month period.The cheeses with added casein or caseinates shall not exceed the whey protein/casein protein ratio of milk and shall respect the national legislation of the country of manufacture on the use of casein and caseinates.
2. By way of derogation from paragraph 1, until 31 December 2008, the maximum percentage referred to in the first subparagraph of that paragraph shall be 5 % for:
(a) processed cheese falling within CN code 0406 30;
(b) grated processed cheese covered by CN code ex 0406 20, manufactured by a continuous process, without addition of already manufactured processed cheese;
(c) processed cheese in powdered form covered by CN code ex 0406 20, manufactured by a continuous process, without addition of already manufactured processed cheese.
Article 3 

1. Undertakings shall:
(a) declare to the competent authority the quantities and types of cheese manufactured and the quantities of casein and caseinates incorporated into the various products;
(b) keep stock accounts enabling verification of the quantities and types of cheese manufactured, the quantities of casein and caseinates purchased and/or manufactured and their destination and/or utilisation.
2. The stock accounts referred to in paragraph 1(b) shall include information as to the origin, composition and quantity of the raw materials used in the manufacture of the cheeses. Member States may require samples to be taken to provide a check on this information. Member States shall ensure that the information collected from undertakings is treated as confidential.
Article 4 

1. Member States shall ensure compliance with this Regulation by administrative and physical verification notably by:
(a) frequent, unannounced spot checks in order to cross-check the stock accounts on the one hand and appropriate commercial documents and stocks actually held on the other hand; such checks shall relate to a representative number of the declarations referred to in Article 3(1)(a);
(b) random checks of undertakings which manufacture cheese and which have not been granted an authorisation.
2. Each undertaking in receipt of an authorisation shall be checked at least once per year.
Article 5 
Member States shall keep records on:

((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.
Article 6 

1. Without prejudice to the penalties laid down by the Member States concerned, casein and caseinates used without authorisation shall be subject to a penalty. That penalty shall be determined when the level of aid pursuant to Article 100 of Regulation (EC) No 1234/2007 is amended.
2. The sums collected pursuant to paragraph 1 shall be deemed to be assigned revenue in accordance with Article 12 of Commission Regulation (EC) No 883/2006 and shall be declared to the Commission in accordance with Article 5 of that Regulation.
Article 7 

1. Regulation (EC) No 1547/2006 is repealed.However, authorisations granted in accordance with Article 1 of Regulation (EC) No 1547/2006 shall remain valid until they expire.
2. References to the repealed Regulation and to Article 3 of Regulation (EEC) No 2204/90 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.
Article 8 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2008. However, Article 2(1) shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 31 July 2008.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX
Regulation (EC) No 1547/2006 Regulation (EEC) No 2204/90 This Regulation
Articles 1 and 2  Articles 1 and 2
 Article 3(1)(a) and (b) Article 3(1)
 Article 3(1)(c) Article 4(1)
Article 3(1)  Article 3(2)
Article 3(2)  Article 4(2)
Article 3(3)  Article 5(c)
Article 4(1)  Article 6
Article 4(2)  —
Article 5  Article 5(a) and (b)
Article 6  —
—  Article 7
Article 7  Article 8
Annex I  —
Annex II  —
Annex III  —