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"BCOUNCIL REGULATION (EEC) No 1898/87
of 2 July 1987
on the protection of designations used in marketing of milk and milk products
(OJ L 182, 3.7.1987, p. 36)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) no 222/88 of 22 December 1987 L 28 1 1.2.1988
Amended by:
"A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.19951987R1898 — EN — 01.01.1995 — 002.001 — 1
COUNCIL REGULATION (EEC) No 1898/87
of 2 July 1987
on the protection of designations used in marketing of milk and milk
products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Regulation (EEC) No 804/68 (4), as last amended by
Regulation (EEC) No 773/87 (5), introduced the common organization of
the market in the milk products sector;
Whereas the situation of the milk and milk products sector is
characterized by structural surpluses and whereas the disposal of these
products should therefore be improved by promoting their consumption;
Whereas the natural composition of milk and milk products should be
protected in the interests of Community producers and consumers;
Whereas regulations which ensure appropriate labelling and prevent the
consumer from being misled will help this objective to be achieved;
Whereas milk and milk products should, therefore, be defined and the
designations needing to be reserved for them should be clarified;
Whereas, apart from the case of products the exact nature of which is
known through traditional usage, it is also necessary to avoid any
confusion in the mind of the consumer between milk products and other
food products, including those consisting partly of milk components;
Whereas this Regulation aims at protecting the consumer and at
establishing conditions of competition between milk products and
competing products in the field of product designation, labelling and
advertising which avoid any distortion;
Whereas competing products enjoy a competitive advantage in terms of
production cost due to the fact that many of them are frequently
manufactured from raw materials imported at zero duty rates, whereas
milk products have a higher production cost which is dictated by the
need to safeguard agricultural producer incomes;
Whereas it is essential for the Commission to follow closely
developments in the market for milk products and competing substitute
products and to report back to the Council;
Whereas, pending the report from the Commission, Member States
having already taken national measures to curb the manufacture and
marketing of these products on their territory must maintain their
regulations, in compliance with the general rules of the Treaty, until the
end of the fifth 12-month period of application of the supplementary levy
in the milk sector,!B
(1) OJ No C 111, 26. 4. 1984, p. 7.
(2) OJ No C 72, 18. 3. 1985, p. 127.
(3) OJ No C 307, 19. 11. 1984, p. 1.
(4) OJ No L 148, 28. 6. 1968, p. 13.
(5) OJ No L 78, 20. 3. 1987, p. 1.1987R1898 — EN — 01.01.1995 — 002.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to foodstuffs intended for human
consumption which are marketed in the Community.
2. For the purposes of this Regulation:(a) ‘marketing’ shall mean holding or display with a view to sale,
offering for sale, sale, delivery or any other manner of placing on the
market;
(b) ‘designation’ shall mean the name used at all stages of marketing.
Article 2
1. The term ‘milk’ shall mean exclusively the normal mammary
secretion obtained from one or more milkings without either addition
thereto or extraction therefrom.
However, the term ‘milk’ may be used:
(a) for milk treated without altering its composition, or for milk the fat
content of which has been standardized under Council Regulation
(EEC) No 1411/71 of 29 June 1971 laying down additional rules on
the common organization of the market in milk and milk products
concerning drinking milk, as last amended by Regulation (EEC) No
566/76;
(b) in association with a word or words to designate the type, grade,
origin and/or intended use of such milk or to describe the physical
treatment or the modification in composition to which it has been
subjected, provided that the modification is restricted to an addition
and/or withdrawal of natural milk constituents.
2. For the purposes of this Regulation, ‘milk products’ shall mean
products derived exclusively from milk, on the understanding that
substances necessary for their manufacture may be added provided that
those substances are not used for the purpose of replacing, in whole or in
part, any milk constituent.
The following shall be reserved exclusively for milk products:— the designations listed in the Annex hereto,— designations or names within the meaning of Article 5 of Council
Directive 79/112/EEC of 18 December 1978 on the approximation of
the laws of the Member States relating to the labelling, presentation
and advertising of foodstuffs for sale to the ultimate consumer (
1), as
last amended by Directive 85/7/EEC (2), actually used for milk
products.
3. The term ‘milk’ and the designations used for milk products may
also be used in association with a word or words to designate composite
products of which no part takes or is intended to take the place of any
milk constituent and of which milk or a milk product is an essential part
either in terms of quantity or for characterization of the product.
4. The origin of milk and milk products to be defined in accordance
with the procedure referred to in Article 30 of Regulation (EEC) No
804/68 must be stated if it is not bovine.
Article 3
1. The designations referred to in Article 2 may not be used for any
product other than those referred to in that Article.!B
(1) OJ No L 33, 3. 2. 1979, p. 1.
(2) OJ No L 2, 3. 1. 1985, p. 22.!M1
!B1987R1898 — EN — 01.01.1995 — 002.001 — 3
However, this provision shall not apply to the designation of products the
exact nature of which is clear from traditional usage and/or when the
designations are clearly used to describe a characteristic quality of the
product.
2. In respect of a product other than those described in Article 2, no
label, commercial document, publicity material or any form of advertis-
ing (as defined in Article 2 (1) of Directive 84/450/EEC (1)) or any form
of presentation, may be used which claims, implies or suggests that the
product is a dairy product.
However, in respect of a product which contains milk or milk products,
the designation ‘milk’ or the designations referrred to in the second
subparagraph of Article 2 (2) may be used only to describe the basic raw
materials and to list the ingredients in accordance with Directive
79/112/EEC.
Article 4
1. Member States shall send the Commission by 1 October 1987 an
indicative list of the products which they regard as corresponding in their
territory to the products referred to in the second subparagraph of Article
3 (1).
Member States shall, where necessary, make additions to this list
subsequently.
2. In accordance with the procedure laid down in Article 30 of
Regulation (EEC) No 804/68, the Commission shall:
(a) adopt the detailed rules for the application of this Regulation;(b) draw up and, where necessary, supplement the list of the products
referred to in the second subparagraph of Article 3 (1) on the basis of
the lists sent to it by the Member States;
(c) make additions, where necessary, to the list of designations given in
the Annex hereto.
3. Each year before 1 October and for the first time before 1 October
1988, the Member States shall report to the Commission on devel-
opments in the market in milk products and competing products in the
context of the implementation of this Regulation so that the Commission
is in a position to report to the Council by 1 March of the ensuing year.
Article 5
Member States may, until the end of the fifth period of application of
Article 5c of Regulation (EEC) No 804/68 and in compliance with the
general provisions of the Treaty, maintain their national regulations
which restrict the manufacture and marketing in their territory of
products not fulfilling the conditions referred to in Article 2 of this
Regulation.
Article 6
This Regulation shall enter into force on 1 July 1987.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ No L 250, 9. 9. 1984, p. 17.1987R1898 — EN — 01.01.1995 — 002.001 — 4
ANNEX
Designations referred to in Article 2 (2) second subparagraph, first indent
— whey
— cream
— butter
— buttermilk— butteroil— caseins
— anhydrous milkfat (AMF)
— cheese— yoghurt— kephir
— koumiss
— viili — fil
— smetana—f i l!
B
!A11987R1898 — EN — 01.01.1995 — 002.001 — 5