1990R2204 — EN — 05.01.2002 — 001.001 — 1
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►B COUNCILREGULATION(EEC)No2204/90
of24July1990
layingdownadditionalgeneralrulesonthecommonorganizationofthemarketinmilkandmilk
productsasregardscheese
(OJ L 201, 31.7.1990, p. 7)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2583/2001 of 19 December 2001 L 345 6 29.12.2001
▼B
COUNCILREGULATION(EEC)No2204/90
of24July1990
laying down additional general rules on the common organization
ofthemarketinmilkandmilkproductsasregardscheese
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas Article 11 of Council Regulation (EEC) No 804/68 of 27 June
1968 on the common organization of the market in milk and milk
products(3), as last amended by Regulation (EEC) No 3879/89(4),
provides for the granting of aid, since the introduction of that organiza-tion, for skimmed milk produced in the Community and processed witha view to the manufacture of casein and caseinates; whereas that aidfor disposal must ensure for the Community producers concerned a
market position identical to that of producers of non-Community casein
and caseinates the products of which, following a binding of customsduties, are available on the Community market at the world marketprice;
Whereas technical progress combined with the arrangements for
controlling milk production have had the result of developing the useof casein and caseinates in products for which the primary objective
of the aid did not intend them; whereas such substitution operations
resulted in affecting the stability of the milk market; whereas, while itappears vital, for reasons of competition, to maintain the principle ofaid of a sufficient amount, measures to ensure that the granting of theaid may not disturb the balance of the milk market and that casein andcaseinates of Community and non-Community origin receive the same
treatment must be adopted;
Whereas the characteristics of casein and caseinates and those of
cheese show similarities such that the latter products are particularyvulnerable to the abovementioned substitution operations; whereasonly the use of casein and caseinates in cheese should accordingly begoverned by rules at Community level;
Whereas the sound operation of such arrangements requires, on the part
of the Member States, controls ensuring compliance with the obliga-
tions laid down: whereas, to that end, provision should be made in
particular for controls and the relevant penalties: whereas the penaltiesmust be suchas to neutralize at least th e economic benefit arising fromunauthorized utilization,
HAS ADOPTED THIS REGULATION:
Article 1
The use of casein and caseinates in the manufacture of cheese shall be
subject to prior authorization, which shall be granted only if such use isa necessary condition for the manufacture of the products.
According to the procedure laid down in Article 30 of Regulation
(EEC) No 804/86, the Commission shall determine the conditionsunder which States shall grant the authorizations and the maximum1990R2204 — EN — 05.01.2002 — 001.001 — 2
(1) Opinion delivered on 13 July 1990 (not yet published in the Official
Journal).
(2) Opinion delivered on 4 July 1990 (not yet published in the Official Journal).
(3) OJ No L 148, 28. 6. 1968, p. 13.
(4) OJ No L 378, 27. 12. 1989, p. 1.
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percentages to be incorporated, on the basis of objective criteria laid
down having regard to what is technologically necessary.
Article 2
For the purposes of this Regulation:
(a) ‘cheese’ means products covered by CN code 0406 and manufac-
tured within Community territory;
(b) ‘casein and caseinates’ means products covered by CN codes
3501 1090 and 3501 9090 and used as suchor in th e form of amixture.
Article 3
1. The Member States shall introduce administrative and physical
controls involving the following measures:
(a) the obligation to declare the quantities and types of cheese manu-
factured and the quantities of casein and caseinates incorporatedinto the various products;
(b) the obligation on each undertaking to keep stock accounts enabling
the quantities and types of cheese manufactured, the quantities of
casein and caseinates purchased and/or manufactured and theirdestination and/or utilization to be recorded;
(c) frequent, unannounced spot checks in order to cross-check the
stock accounts on the one hand and appropriate commercial docu-
ments and stocks actually held on the other hand; such checks shallrelate to a representative number of the declarations referred to in(a) in order to check the facts.
2. The Member States shall notify the Commission of all measures
adopted pursuant to this Regulation and of those ensuring that the
parties concerned are informed as to the penal or administrative penal-
ties to which they are liable in the case of failure to comply with theprovisions of this Regulation, observed
— either pursuant to the measures adopted under paragraph 1,
— or during any check that the public authorities conduct concerning
the undertakings which manufacture cheeses but which are not
subject to the provisions of paragraph 1.
3. Without prejudice to the penalties laid down, or to be laid down,
by the Member State concerned, a sum equal to 110 % of the differ-ence between the value of skimmed milk necessary for producing 100kilograms of caseins and caseinates resulting from the market price for
skimmed-milk powder, on the one hand, and the market price for
casein and caseinates, on the other hand, shall be due per 100 kilo-grams for quantities of casein and caseinates used withoutauthorisation.
Those values shall be established in accordance with the procedure laid
down in Article 42 of Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk and
milk products(
1).
Article 4
After the arrangements provided for by this Regulation have been
applied for one year, the Commission shall draw up a report, togetherwith any appropriate proposals, on the operation and impact of thearrangements.1990R2204 — EN — 05.01.2002 — 001.001 — 3
(1) OJ L 160, 26.6.1999, p. 48.▼M1
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Article 5
The detailed rules for the application of this Regulation shall be
adopted in accordance withth e procedure laid down in Article 30 of
Regulation (EEC) No 804/68.
Article 6
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
It shall apply from 15 October 1990. Until that date the provisions in
force, and in particular Article 2 (4) of Council Regulation (EEC) No987/68 of 15 July 1968 laying down general rules for granting aid forskimmed milk processed into caseins or caseinates(
1), as last amended
by Regulation (EEC) No 1435/90(2), shall continue to apply.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1990R2204 — EN — 05.01.2002 — 001.001 — 4
(1) OJ No L 169, 18. 7. 1968, p. 6.
(2) OJ No L 138, 31. 5. 1990, p. 8.