21. 12. 87 Official Journal of the European Communities No C 344/1 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending Regulation (EEC) No 804/68 on the common 
organization of the market in milk and milk products 
COM(87) 513 final 
(Submitted by the Commission to the Council on 9 November 1987) 
(87/C 344/01) 
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 Economic and Social 
Committee, 
In cooperation with the European Parliament, 
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, from 1 January 1988, there is established by 
Council Regulation (EEC) No 2658 (l) 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 Com­
munity ; 
Whereas, as a consequence, it is necessary to express the 
descriptions of goods and tariff heading numbers which 
appear in Council Regulation (EEC) No 804/68 (2), as last 
amended by Regulation (EEC) No 773/87 (3), 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) No 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 
procedure laid down in Article 30 of Regulation (EEC) 
No 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) No 804/68 is hereby amended as 
follows: 
1. Article 1 is replaced by the following: 
'Article 1 
(!) OJ No L 256, 7. 9. 1987, p. 1. 
(2) OJ No L 148, 28. 6. 1968, p. 13. 
(3) OJ No L 78, 20. 3. 1987, p. 1. The common organization of the market in milk and 
milk products shall cover the following products: 
No C 344/2 Official Journal of the European Communities 21. 12. 87 
CN code 
(a) 0401 
(b) 0402 
(c) 0403 10 11-^39 
0403 90 11-* 69 
(d) 0404 
(e) 0405 00 
(f) 0406 
(g) 1702 10 90 
(h) 2106 90 51 
(j) ex 2309 Description 
Milk and cream, neither concentrated nor containing added sugar or other 
sweetening matter 
Milk and cream, concentrated or containing added sugar «or other sweetening 
matter 
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or 
acidified milk and cream, whether or not concentrated or containing added sugar 
or other sweetening matter but not flavoured nor containing added fruit or cocoa 
Whey, whether or not concentrated or containing added sugar or other 
sweetening matter; products consisting of natural milk constituents, whether or 
not containing added sugar or other sweetening matter, not elsewhere specified or 
included 
Butter and other fats and oils derived from milk 
Cheese and curd 
Lactose and lactose syrup, not containing added flavouring or colouring matter, 
and containing, in the dry state, less than 99 % by weight of the pure product 
Flavoured or coloured lactose syrup 
Preparations of a kind used in animal feeding: 
— Preparations and feedingstuffs containing products to which this Regulation 
applies, directly or by virtue of Regulation (EEC) No 2730/75 (J), except 
preparations and feedingstuffs to which Regulation (EEC) No 2727/75 (2) 
applies. 
(!) Oj No L 281, 1.11.1975, p. 20. 
(2) OJ No L 281, 1.11.1975, p. 1. 
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 licences 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.' 
21. 12. 87 Official Journal of the European Communities No C 344/3 
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 No 0405 00 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 
and subheading 0404 90 and heading 0406 or subhead­
ing 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 
ANNEX 
'ANNEX 
CN code 
0403 10 51-• 99 
0403 90 71-+99 
1517 
ex 1517 10 
1517 10 10 
ex 1517 90 
1517 90 10 
ex 1702 10 
1702 10 10 
1704 Description 
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or 
acidified milk and cream, whether or not concentrated or containing added sugar 
or other sweetening matter, flavoured or containing added fruit or cocoa 
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or 
fractions of different fats or oils of this Chapter, other than edible fats or oils or 
their fractions of heading No 1516: 
— Margarine, excluding liquid margarine: 
Containing more than 10 % but not more than 15 % by weight of milk 
fats 
— Other: 
Containing more than 10 % but not more than 15 % by weight of milk 
fats 
— Lactose and lactose syrup: 
Containing in the dry state, 99 % or more by weight of the pure product 
Sugar confectionery (including white chocolate), not containing cocoa: — 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 heading 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) No 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 from 1 January 1988. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
No C 344/4 Official Journal of the European Communities 21. 12. 87 
CN code 
ex 1704 90 
ex 1806 
ex 1901 
1901 10 00 
1901 20 00 
ex 1901 90 
ex 1902 
1902 20 
1902 20 91 
1902 20 99 
1902 30 
1902 40 
1902 40 90 
ex 1904 
ex 1905 
1905 20 
1905 30 
1905 40 00 
1905 90 
1905 90 40 
1905 90 50 
1905 90 60 
1905 90 90 
ex 2004 
2004 10 
2004 10 91 
ex 2005 
2005 20 
2005 20 10 Description 
— Other, excluding liquorice extract containing more than 10 % by weight of 
sucrose but not containing other added substances of subheading 1704 90 10 
Chocolate and other food preparations containing cocoa, excluding cocoa 
powder sweetened solely by the addition of sucrose of subheading 1806 10 
Malt extract; food preparations of flour, meal, starch or malt extract, not 
containing cocoa powder in a proportion by weight of less than 50 %, not 
elsewhere specified or included; food preparations of goods of heading Nos 0401 
to 0404, not containing cocoa powder or containing cocoa powder in a 
proportion by weight of less than. 10 %, not elsewhere specified or included: 
— Preparations for infant use, put up for retail sale 
— Mixes and doughs for the preparations of bakers' wares of heading No 1905 
— Other than malt extract of subheading 1901 90 10 
Pasta, whether or not cooked or stuffed (with meat or other substances) or 
otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, 
ravioli, cannelloni; couscous, whether or not prepared: 
— Stuffed pasta, whether or not cooked or otherwise prepared: 
Other: 
Cooked 
Other 
— Other pasta 
— Couscous: 
Other 
Prepared foods obtained by the swelling or roasting of cereal products (for 
example, corn flakes) containing cocoa; cereals, other than maize (corn), in grain 
form, pre-cooked or otherwise prepared 
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing 
cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical 
use, sealing wafers, rice paper and similar products: 
— Gingerbread and the like 
— Sweet biscuits; waffles and wafers 
— Rusks, toasted bread and similar toasted products 
— Other: 
Other: 
Waffles and wafers with a water content exceeding 10 % by weight 
Biscuits; extruded or expanded products, savoury or salted 
Other: 
With added sweetening matter 
Other 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
frozen: 
— Potatoes: 
Other: 
In the form of flour, meal or flakes 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
not frozen: 
— Potatoes: 
In the form of flour, meal or flakes 
21. 12. 87 Official Journal of the European Communities No C 344/5 
CN code 
ex 2008 
2008 11 
2008 11 10 
ex 2101 10 
ex 2101 20 
2105 00 
ex 2106 
2202 
ex 2202 90 
2202 90 91 
2202 90 95 
2202 90 99 
2208 
ex 2208 90 
2208 90 55 
2208 90 59 
2208 90 79 
3501 
ex 3502 
3502 90 
3502 90 51 
3502 90 59 Description 
Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, 
whether or not containing added sugar or other sweetening matter or spirits not 
elsewhere specified or included: 
— Nuts, groundnuts and other seeds, whether or not mixed together: 
Ground-nuts: 
Peanut butter 
Preparations with a basis of coffee 
Preparations with a basis of tea or mate 
Ice cream and other edible ice, whether or not containing cocoa 
Food preparations not elsewhere specified or included, excluding flavoured or 
coloured sugar syrups falling under subheadings 2106 90 30, 2106 90 51, 
2106 90 55 and 2106 90 59 
Waters, including mineral waters and aerated waters, containing added sugar or 
other sweetening matter or flavoured, and other non-alcoholic beverages, not 
including fruit and vegetable juices of heading No 2009: 
— Other: 
Other, containing by weight of fat obtained from the products of heading 
No 0401 to 0404: 
Less than 0,2 % 
0,2 % or more but less, than 2 % 
2 % or more 
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % 
vol; spirits, liqueurs and other spirituous beverages; compound alcoholic 
preparations of a kind used for the manufacture of beverages: 
— Other: 
Other spirituous beverages in containers holding: 
Two litres or less: 
Liqueurs 
Other spirituous beverages 
More than two litres: 
Liqueurs and other spirituous beverage 
Casein, caseinates and other casein derivatives; casein glues 
Albumins, albuminates and other albumin derivates: 
— Other: 
Albumins, other than egg albumins: 
Other: 
Milk albumin (lactalbumin): 
Dried (for example, in sheets, scales, flakes, powder) 
Other'