2. 6. 90 Official Journal of the European Communities No C 135/9 
1993 — eighth year: 
implementation of the new system in the 
whole of Greece.' 
3. In Article 4 (1), the first subparagraph is replaced by 
the following: 
'From 1986 until the end of the programme, Greece 
shall submit to the Commission, in April each year (t), 
an annual programme of measures for the purposes of 
applying Article 3. However, the programme of acti­
vities to be carried out in 1991 shall be prescribed in 
June 1990.' 
4. In Article 5 (2), the following is added: 
'In September 1994, the Commission shall present to 
the Council a report on the implementation of the 
programme, in particular on the results obtained.' 
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, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 11 of Council Regulation (EEC) No 
804/68 on the common organization of the market in 
milk and milk products ('), as last amended by Regu­
lation (EEC) No 3879/89 (2), provides for the granting 
of aid since the introduction of that organization, for 
skimmed milk produced in the Community and 
(') OJ No L 148, 28. 6, 1968, p. 13. 
(') OJ No L 378, 17. 12. 1989, p. 1. 5. Article 6 (1) is replaced by the following: 
'The Community shall contribute to the financing of 
the programme up to the amount of the appropri­
ations entered for this purpose in the general budget 
of the European Communities and in accordance with 
the arrangements laid down in this Decision. The rate 
of the Community contribution to the necessary 
expenditure shall be equal to one-third of the actual 
expenditure of the programme during the period 1986 
to 1990 and two-thirds of the overall expenditure for 
the period 1991 to 1993. 
The estimated necessary expenditure to be borne by 
the Community amounts to ECU 20 million for the 
entire programme.' 
6. In Article 7 (2), '45 votes' is replaced by '54 votes'. 
Article 2 
This Decision is addressed to the Hellenic Republic. 
processed with a view to the manufacture of casein and 
caseinates; whereas that aid for 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 customs duties, are available on the market on 
the Community market at the world market price; 
Whereas technical progress combined with the 
arrangements for controlling milk production have had 
the result of developing the use of casein and caseinates 
in products for which the primary objective of the aid 
did not intend them; whereas such substitution oper­
ations have had the result of affecting the stability of the 
milk market; whereas, while it appears vital for reasons 
of competition to maintain the principle of aid of a 
sufficient amount, measures to ensure that the granting 
of the aid may not disturb the balance of the milk 
market and that casein and caseinates 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 similiarities such that the latter 
products are particularly vulnerable to the abovemen-Proposal for a Council Regulation (EEC) laying down additional general rules on the common 
organization of the market in milk and milk products as regards cheese 
COM(90) 209 final 
(Submitted by the Commission on 18 May 1990) 
(90/C 135/12) 
NoC 135/10 Official Journal of the European Communities 2. 6. 90 
tioned substitution operations; whereas only the use of 
casein and caseinates in cheese should accordingly be 
governed 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 obligations laid down; 
whereas to that end provision should be made in 
particular for controls and the relevant penalties; 
whereas the penalties must be such as to neutralize at 
least the economic benefit arising from unauthorized 
utilization, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The use of casein and caseinates in the manufacture of 
cheese shall be subject to prior authorization. 
The Commission shall lay down the conditions under 
which the Member States shall issue authorizations, on 
the basis of objective criteria laid down having regard to 
technical requirements. 
Article 2 
For the purposes of this Regulation: 
(a) 'cheese' means products falling within CN code 0406 
and manufactured within Community territory; 
(b) 'casein and caseinates' means products falling within 
CNcode 3501. 
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 manufactured and the quantities of casein and 
caseinates incorporated into 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 their desti­
nation 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 documents and stocks 
actually held on the other hand; such checks shall 
relate to a representative number of the declarations 
referred to in (a) in order to check the facts; 
(d) other items determined, where appropriate, in 
accordance with the procedure laid down in Article 
30 of Regulation (EEC) No 804/68. 
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 penalties to which they are 
liable in the case of failure to comply with the provisions 
of this Regulation, observed either pursuant to the 
measures adopted under paragraph 1 or during any 
check that the public authorities conduct. 
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 the skimmed 
milk resulting from the intervention price for 
skimmed-milk powder on the one hand and the market 
price for casein and caseinates on the other hand, plus 
10 %, shall be due for quantities of casein and caseinates 
used without authorization. 
Those values shall be ascertained in accordance with the 
procedure laid down in Article 30 of Regulation (EEC) 
No 804/68. 
Article 4 
The detailed rules for the application of this Regulation 
shall be adopted in accordance with the procedure laid 
down in Article 30 of Regulation (EEC) No 804/68. 
Article 5 
This Regulation shall enter into force on the day of 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.