COUNCIL REGULATION (EEC) N° 3904/87

of 22 December 1987

amending Regulation (EEC) N° 804/68 on the common organization of the market in milk and milk products

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 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 the Community is a Contracting Party to the International Convention on the Harmonized Commodity Description and Coding System, hereinafter referred to as the 'harmonized system', which replaces the Convention of 15 December 1950 on Nomenclature for the Classification of Goods in Customs Tariffs;

Whereas Council Regulation (EEC) N° 2658/87 (3) established, from 1 January 1988, a combined goods nomenclature based on the harmonized system which will meet the requirements both of the Common Customs Tariff and of the external trade statistics of the Community;

Whereas, as a result, it is necessary to express the

descriptions of goods and tariff heading numbers which

appear in Regulation (EEC) N° 804/68 (4), as last amended

by Regulation (EEC) N° 773/87 (5), according to the terms

of the combined nomenclature, based on the harmonized system;

Whereas numerous regulations in the milk and milk products sector must be adapted in the light of the new nomenclature; whereas, under Article 15 of Regulation (EEC) N° 2658/87, the changes made may be of a technical nature only; whereas, accordingly, a provision should be introduced whereby all other adjustments to Council or Commission regulations on the common organization of the market in the milk products sector should be made in accordance with the procedure laid down in Article 30 of Regulation (EEC) N° 804/68, provided that such adjustments are required solely as a result of the introduction of the harmonized system,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) N° 804/68 is hereby amended as follows:

1. Article 1 is replaced by the following:

'Article 1

The common organization of the market in milk and milk products shall cover the following products:

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2. Article 4 is replaced by the following:

'Article 4

The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall fix each year for the following milk year Community threshold prices for certain of the products listed in Article 1, hereinafter called ''pilot products''. The threshold prices shall be fixed so that, account being taken of the protection required for the Community processing industry, the prices of imported milk products shall correspond to the level of the target price for milk.'

3. Article 13 (2) is replaced by the following:

'2. Member States may issue a licence to any applicant irrespective of the place of his establishment in the Community.

The licence shall be valid for a transaction carried out in the Community from a date to be fixed by the Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission.

The issue of such licence shall be conditional on the lodging of a deposit guaranteeing that exportation is effected during the period of validity of the licence; the deposit shall be forfeited in whole or in part if the transaction is not effected, or is only partially effected, within that period.'

4. Article 17 (1) is replaced by the following:

'1. To the extent necessary to enable the products listed in Article 1 to be exported either in the unaltered state or in the form of goods listed in the Annex in the case of products listed in Article 1 (a), (b), (c), (d), (e) and (g), on the basis of the prices for those products in international trade, the difference between those prices and prices in the Community may be covered by an export refund.'

5. The final subparagraph of Article 17 (2) is replaced by the following:

'The refund may be fixed by tender for skimmed-milk powder falling within subheading 0402 10 19 of the combined nomenclature exported in bulk and

for butter falling within heading N° 0405 00 thereof exported in bulk.'

6. Article 26 (1) is replaced by the following:

'1. Subject to the conditions laid down in paragraphs 3 and 4, Community aid shall be granted for supplying to pupils in educational establishments certain processed milk products falling within heading Nos 0401 and 0403, subheading 0404 90 and heading N° 0406 or subheading 2202 90.'

7. The following paragraph is added to Article 26:

'5. Paragraphs 1 to 4 may be applied, through the agency of charitable organizations - recognized by the Member State concerned, or if no recognition has been granted in that Member State to such organizations, by the Commission - to those persons most in need.

In such cases, the aid

- shall be granted so as to permit the free distribution of the products referred to in paragraph 1,

- may also be granted for the free distribution of products falling within subheading 0405 00 of the combined nomenclature.'

8. The Annex is replaced by the Annex to this Regulation.

Article 2

The Commission, in accordance with the procedure provided for in Article 30 of Regulation (EEC) N° 804/68, shall make the necessary adaptations to Council or Commission acts concerning the common organization of the market in milk and milk products which result from the application of Article 1.

Article 3

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

Article 1 shall apply with effect from 1 January 1988.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 December 1987.

For the Council

The President

N. WILHJELM

ANNEX

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