Proposal for a Council Regulation amending Regulation (EEC) No 2204/90 laying down additional general rules on the common organisation of the market in milk and milk products as regards cheese

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EEC) No 2204/90 makes the use of casein and caseinates in the manufacture of cheese subject to prior authorisation. Where quantities of casein and caseinates are used without authorisation, Article 3(3) of that Regulation lays down a penalty equal to the difference between the value of skimmed milk resulting from the intervention price for skimmed-milk powder on the one hand and the market price for casein and caseinates, plus 10%, on the other hand.

The aim of that penalty is at least to cancel out the economic advantage resulting from the unauthorised use of casein and caseinates. In this connection, it must be stressed that using the intervention price for skimmed-milk powder to measure the full value of skimmed milk is not a suitable approach. The real value of skimmed milk may vary with the situation on the market as reflected by the market price for skimmed-milk powder. As a consequence, the calculation of the penalty should be based on the market price for skimmed-milk powder. The appended proposal amends Article 3(3) of Regulation (EEC) No 2204/90 accordingly.

2001/0159 (CNS)

Proposal for a Council Regulation amending Regulation (EEC) No 2204/90 laying down additional general rules on the common organisation of the market in milk and milk products as regards cheese

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C , , p. .

Having regard to the opinion of the European Parliament [2],

[2] OJ C , , p. .

Whereas:

(1) Council Regulation (EEC) No 2204/90 [3] makes the use of casein and caseinates in the manufacture of cheese subject to prior authorisation and Article 3(3) of that Regulation provides for a Community penalty to apply in the event of unauthorised use which refers in particular to the value of skimmed milk resulting from the intervention price for skimmed-milk powder.

[3] OJ L 201, 31.7.1990, p. 7.

(2) Since the aim of that penalty is to cancel out the economic advantage resulting from unauthorised use, the calculation of the penalty should be based on the market price for skimmed-milk powder, which more faithfully reflects the real cost of skimmed milk as a raw material in the manufacture of cheese.

HAS ADOPTED THIS REGULATION:

Article 1

Article 3(3) of Regulation (EEC) No 2204/90 is hereby replaced by the following:

"3. Without prejudice to the penalties laid down, or to be laid down, by the Member State concerned, a sum equal to the difference between the value of skimmed milk resulting from the market price for skimmed-milk powder on the one hand and the market price for casein and caseinates, plus 10%, on the other hand shall be due for quantities of casein and caseinates used without authorisation.

Those values shall be ascertained in accordance with the procedure laid down in Article 42 of Council Regulation (EC) No 1255/1999*.

____________________

* OJ L 160, 26.6.1999, p. 48."

Article 2

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

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

Done at Brussels,

For the Council

The President

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