Proposal for a Council Regulation (EC) laying down additional general rules on the common organization of the market in milk and milk products for drinking milk (97/C 267/15) COM(97) 133 final - 97/0114 (CNS)

(submitted by the Commission on 16 July 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European 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,

Having regard to the opinion of the Economic and Social Committee,

Whereas the aim of Council Regulation (EEC) No 1411/71 of 29 June 1971 laying down additional rules on the common market organization in milk and milk products for drinking milk (1), as last amended by Regulation (EEC) No 2138/92 (2), is to increase the market for products falling within CN code 0401 as much as possible by providing a guarantee of quality and products which fulfil consumers' needs and wishes; whereas the establishment of marketing standards for the milk products concerned helps stabilize the market and therefore ensures a fair standard of living for farmers; whereas it is consequently in the interests of both milk producers and consumers to maintain such rules;

Whereas, in order to profit from experience and to simplify and clarify the rules so as better to guarantee the legal security of those concerned, a number of amendments should be made to the said Regulation and its provisions brought together in a new Regulation;

Whereas, in order to meet the wishes of consumers, who attach increasing importance to the nutritional value of milk proteins, rules should be laid down to ensure that milk products contain at least the natural protein content of milk and to permit the enrichment of drinking milk with fat-free dried milk ingredients;

Whereas, with regard to the fat content of milk, account should be taken of the special situation in Finland and Sweden which, under the Act of Accession, have a derogation which expires on 31 December 1997; whereas that derogation should be extended temporarily to permit the two Member States concerned to adjust to the arrangements in force in the rest of the Community;

Whereas Article 5 (9) of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (3), as last amended by Directive 96/23/EEC (4), lays down certain requirements concerning the composition of drinking milk; whereas, in the interests of consistence, those provisions should be included in the Regulation on marketing standards and at the same time amended to take account of experience;

Whereas Directive 79/112/EEC (5) on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as last amended by Directive 97/4/EC (6), and Directive 90/496/EEC (7) on nutrition labelling for foodstuffs apply;

Whereas, in order to ensure consistency, products imported from third countries should be subject to the same rules;

Whereas it should be laid down that the Member States must determine the checks and penalties to be applied in the event of infringement of this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

1. This Regulation lays down standards for products falling with CN code 0401 intended for human consumption within the Community.

2. For the purposes of the Regulations:

(a) 'milk` shall mean the produce of the milking of one or more cows;

(b) 'drinking milk` shall mean the products referred to in Article 3 intended for delivery unprocessed to the consumer;

(c) 'fat content` shall mean the ratio by weight of parts of milk fat per hundred parts of milk in the milk concerned.

Article 2

1. Only milk complying with the requirements laid down for drinking milk may be delivered or sold without processing to the final consumer, either directly or through the intermediary of restaurants, hospitals, canteens or other similar establishments.

2. The sales descriptions to be used for those products shall be those given in Article 3. Those descriptions shall only be used for the products referred to in that Article, without prejudice to their use in composite descriptions.

3. Member States shall adopt measures to inform consumers of the nature and composition of the products concerned where the absence of such information is likely to cause confusion.

Article 3

1. The following products shall be considered as drinking milk:

(a) raw milk: milk which has not been heated above 40°C or subjected to treatment having the same effect;

(b) whole milk: heat-treated milk which, with respect to fat content, meets one of the following requirements:

- standardized whole milk: milk with a fat content of at least 3,50 %. However, Member States may provide for an additional category of whole milk with a fat content of 4,00 % or above,

- non-standardized whole milk: milk with a fat content that has not been altered since the milking stage either by the addition or removal of milk fats or by mixture with milk the natural fat content of which has been altered. However, the fat content may not be less than 3,50 %;

(c) semi-skimmed milk: heat-treated milk whose fat content has been brought to at least 1,50 % and at most 1,80 %;

(d) skimmed milk: heat-treated milk whose fat content has been brought to not more than 0,30 %.

2. Notwithstanding paragraph 1, the requirements on fat content shall not apply to milk intended for human consumption produced in Finland and Sweden for a period of two years from the entry into force of this Regulation.

Drinking milk produced in those two Member States to which this derogation applies may only be marketed in the country of production or exported to third countries.

3. Without prejudice to the second indent of paragraph 1 (b), only the following modifications shall be allowed:

(a) in order to meet the minimum fat content for drinking milk, modification of the natural fat content by the removal of cream or the addition of whole milk, semi-skimmed milk or skimmed milk;

(b) the addition of proteins derived from milk, mineral salts and vitamins, provided this is indelibly indicated at an obvious place on the packing of the product so that it can be easily seen and read. However, such indication shall not remove the obligation as regards nutrition labelling laid down by Directive 90/496/EEC. Where proteins are added, the protein content of the enriched milk must be 4,00 % or more.

Article 4

Without prejudice to Directive 92/46/EEC, drinking milk must:

(a) have a freezing point close to the average freezing point for raw milk recorded in the region of production of the drinking milk;

(b) have a weight of not less than 1 028 grams per litre for whole milk at 20°C or the equivalent weight per litre for totally defatted milk at 20°C;

(c) contain a minimum of 28 grams of protein per litre, obtained by multiplying the total nitrogen content of the milk expressed as a percentage by 6,38;

(d) have a fat-free dried ingredient content of 8,50 % or more;

(e) for heat-treated milk, have been subjected to a heat treatment which permits compliance with quality requirements to be determined.

Article 5

Products imported into the Community for sale as drinking milk must comply with this Regulation.

Article 6

Directive 79/112/EEC shall apply, in particular as regards national provisions on the labelling of drinking milk.

Article 7

1. Member States shall adopt all appropriate measures to monitor the application of this Regulation, penalize infringements and prevent and repress fraud.

Such measures and any amendments shall be notified to the Commission during the month following their adoption.

2. The Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.

Article 8

Regulation (EEC) No 141/71 is hereby repealed.

References to Regulation (EEC) No 1411/71 shall be understood to apply to this Regulation.

Article 9

This Regulation shall enter into force on 1 January 1998.

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

(1) OJ L 148, 3. 7. 1971, p. 4.

(2) OJ L 214, 30. 7. 1992, p. 6.

(3) OJ L 268, 14. 9. 1992, p. 1.

(4) OJ L 125, 23. 5. 1996, p. 10.

(5) OJ L 33, 8. 2. 1979, p. 1.

(6) OJ L 43, 14. 2. 1997, p. 21.

(7) OJ L 276, 6. 10. 1990, p. 40.