26. 4. 84 Official Journal of the European Communities No C 111/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation on the designations used in the marketing of milk and 
milk products 
COM(84) 5 final 
(Submitted by the Commission to the Council on 3 April 1984) 
(84/C 111/07) 
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 Council Regulation (EEC) No 804/68 O, 
as last amended by Regulation (EEC) No 1600/ 
83 O, established the common organization of the 
markets in milk and milk products; 
Whereas there are structural surpluses on the market 
in milk and milk products; whereas, therefore, 
disposal of these products should be improved by the 
promotion of consumption; 
Whereas, in the interests of Community producers 
and consumers, the natural composition of milk and 
milk products should be protected; 
Whereas this may be achieved by rules which ensure 
that the products are appropriately labelled and the 
consumer is not misled; whereas the products whose 
designations are protected by these rules should be 
defined; 
Whereas, to prevent distortions of competition, 
products imported from non-member countries must 
comply with Community standards; whereas, on the other hand, the provisions applying in non-member 
countries may, in some cases, justify derogations in 
order to permit exports from the Community; 
Whereas the provisions of this Regulation do not 
affect the provisions concerning foodstuffs for 
particular nutritional uses within the meaning of 
Directive 77/94/EEC (3), or those concerning the 
name under which a foodstuff is sold laid down in 
Article 5 of Directive 79/112/EEC (4), 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The designations given in the Annex shall be 
reserved for the products defined therein. 
2. The designations referred to in paragraph 1 
shall apply to human and animal foodstuffs which 
are: 
(a) marketed in the Community, or 
(b) intended for export outside the Community 
subject to the provisions of Article 3. 
3. For the purposes of this Regulation, 'marketing' 
shall mean holding or display with a view to sale, 
offering for sale, sale, delivery or any other manner 
of offering on the market. 
Article 2 
1. The provisions of Article 1 shall also apply to 
foodstuffs the designation of which is similar to one 
of the designations given in the Annex. 
2. The provisions of Article 1 shall not apply where 
the designation of a foodstuff indicates a product 
which cannot be confused with one of those given in 
the Annex. 
O OJ No L 148, 28. 6. 1968, p. 13. 
(2) OJ No L 163, 22. 6. 1983, p. 56. (3) OJ No L 26, 31. 1. 1977, p. 55. 
(4) OJNoL33, 8.2. 1979, p. 1. 
No C 111/8 Official Journal of the European Communities 26.4.84 
3. The Member States shall, for the purposes of 
information, provide the Commission, by 1 January 
1985, with a list of the products which they consider 
as meeting, on their territory, the conditions set out 
in paragraph 2 and, where necessary, shall sub­
sequently extend it. 
Article 3 
The Member States shall be authorized to provide for 
derogations from the provisions of Article 1 in respect 
of products exported outside the Community, in 
order to comply with the rules of the recipient 
countries. 
Article 4 
This Regulation shall not affect the provisions 
concerning foodstuffs for particular nutritional uses 
within the meaning of Directive 77/94/EEC nor those concerning the name under which a foodstuff is 
sold laid down in Article 5 of Directive 79/112/EEC. 
Article 5 
1. The Council, acting on a proposal from the 
Commission in accordance with the voting procedure 
laid down in Article 43 (2) of the Treaty, shall adopt 
general rules implementing this Regulation. 
2. Detailed rules for the implementation of this 
Regulation shall be adopted in accordance with the 
procedure laid down in Article 30 of Regulation 
(EEC) No 804/68. 
Article 6 
This Regulation shall enter into force on 1 May 1984. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
26. 4. 84 Official Journal of the European Communities NoC 111/9 
ANNEX 
Designation 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. Milk 
Concentrated milk 
Milk powder 
Whey 
Whey powder 
Cream 
Whey cream 
Cream powder 
Butter 
Whey butter 
Buttermilk 
Buttermilk powder 
Cheese 
Whey cheese 
Curdled milk, fermented milk 
(yoghurt, kephir and kou­
miss), and junket Definition 
The products defined in Article 3 (1) of Regulation (EEC) 
No 1411/71 and those derived from the milking of one or 
more buffaloes, ewes or goats 
The liquid milk obtained by the elimination of some of the 
water from milk 
The solid product obtained by the elimination of water from 
milk 
The milk by-product derived from the manufacture of cheese 
or casein 
The solid product obtained by the elimination of water from 
whey 
The product obtained from milk or whey in the form of a 
fat-in-water emulsion having a fat content exceeding 12 % 
The product obtained from whey or from a mixture of milk 
and whey in the form of a fat-in-water emulsion having a fat 
content exceeding 12 % 
The solid product obtained by the elimination of water from 
cream 
The product obtained exclusively from milk or cream in the 
form of a solid, malleable water-in-fat emulsion containing 
not less than 82 % butterfat 
The product obtained from whey cream or from a mixture of 
whey cream and milk in the form of a solid, malleable water-
in-fat emulsion 
The milk by-product derived from butter manufacture 
The solid product obtained by the elimination of water from 
buttermilk 
The product obtained by the coagulation and draining, after 
renneting and/or acidification, of milk, cream or mixtures, 
whether in the unaltered state or after appropriate treatments 
The product obtained by the heating, after concentration, of 
whey 
Milk products the characteristics of which are determined by 
the action of acids, enzymes, yeasts and rennet