7. 6. 90 Official Journal of the European Communities No C 138/9 
(b) The following paragraph 2 is added: 
'2. The amount referred to in paragraph 1 
shall be converted into national currency by 
applying the exchange rates as published in the 
C series of the Official Journal of the European 
Communities, which are valid on the first 
working day of the year in which the infor­
mation on the irregularities is communicated.' 
10. Article 12 is replaced by the following: 'Article 12 
The provisions of this Regulation shall be applicable 
mutatis mutandis in cases where the payment of a 
sum to the EAGGF has been evaded/ 
11. Article 13 is hereby repealed. 
Article 2 
This Regulation shall enter into force on the third 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. 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 804/68 on the 
common organization of the market in milk and milk products 
COM(90) 206 final 
(Submitted by the Commission on 23 May 1990) 
(90/C 138/05) 
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, 
Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical 
nomenclature and on the Common Customs Tariff ('), as last amended by Regulation (EEC) 
No 1251/90 (2), subdivides flavoured yoghurt into produces in powder and products other than 
in powder; whereas Council Regulation (EEC) No 804/68 (J), as last amended by Regulation 
(EEC) No 3879/89 (4), does not lay down such a subdivision for non-flavoured yoghurt; 
whereas Article 1 thereof should be amended accordingly so that the two products are treated 
in the same way; 
Whereas, in accordance with Article 7a (2) (b) of Regulation (EEC) No 804/68, special 
measures may be taken with a view to increasing the possibility of disposing of butter and 
skimmed-milk powder which have neither been bought in by intervention agencies nor been the 
subject of aid to private storage; whereas, however, in view of experience gained, it appears 
that the aim of the abovementioned Article 7a as regards the disposal of such products 
generally applies irrespective of whether the product has or has not been the subject of aid to 
private storage; whereas the provisions concerned should be amended accordingly; 
(') OJ No L 256, 7. 9. 1987, p. 1. 
O OJ No L 121, 12. 5. 1990, p. 29. 
(») OJ No L 148, 28. 6. 1968, p. 13. 
(4) OJ No L 378, 27. 12. 1989, p. 1. 
No C 138/10 Official Journal of the European Communities 7. 6. 90 
Whereas, moreover, provision should be made for the possibility of granting refunds on milk 
products incorporated in goods falling within CN code 1905 10 00 in order to permit the plants 
exporting such goods to use milk products of Community origin in their manufacture; whereas 
the Annex to Regulation (EEC) No 804/68 should be supplemented to that end, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 804/68 is hereby amended as follows: 
1. In Article 1, the wording opposite (c) is replaced by the following: 
CN code 
'(c) 0403 10 02 to 36 
0403 90 11 to 69 Description of goods 
Buttermilk, curdled milk and cream, yoghurt, 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' 
2. Article 7a (2) (b) is replaced by the following: 
'(b) special measures may be taken by the Commission, in accordance with the procedure 
laid down in Article 30, with a view to increasing the possibility of disposing of butter 
and skimmed-milk powder which have not been bought in by intervention agencies and 
the possibility of disposing of other milk products such as cream.' 
3. In the Annex, before CN code 1905 20 (Gingerbread and the like), the following is inserted: 
CN code 
'1905 10 00 Description 
Crispbread' 
Article 2 
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.