Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 2596/97 extending the period provided for in Article 149(1) of the Act of Accession of Austria, Finland and Sweden (presented by the Commission)

EXPLANATORY MEMORANDUM

To take account of the difficulties posed by the immediate application of the Community rules on drinking milk, Finland and Sweden have since their accession benefited from a derogation relating to the fat content requirements for that milk.

During an initial period of three years that derogation was based on the Act of Accession and on the assumption that the Council would be re-examining the fat categories for drinking milk. That re-examination has taken place as part of the consolidation of the relevant rules and this process has resulted in the adoption of Regulation (EC) No 2597/97. The new Regulation took over the main elements of the existing arrangements with a number of adjustments which did not, however, permit the integration of all the drinking milk marketed in Finland and Sweden. With the adoption of Regulation (EC) No 2596/97 the Council extended the derogation to 31 December 1999 to allow Finland and Sweden to harmonise their rules with the Community rules.

In view of the persistence of the difficulties which made the derogation necessary, the attached proposal for a Regulation provides for a final derogation of four years on the understanding that the new period will be used to introduce measures adjusting to the Community rules. To monitor progress in applying those rules, provision has been made for a mid-term examination.

Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 2596/97 extending the period provided for in Article 149(1) of the Act of Accession of Austria, Finland and Sweden

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149(2) thereof,

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

[1] OJ C

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

[2] OJ C

Whereas the second paragraph of Article 1 of Regulation (EC) No 2596/97 [3] extends until 31 December 1999 the period during which transitional measures may be adopted with regard to the fat content requirements for milk intended for human consumption in Finland and Sweden; whereas the difficulties in adapting to the Community rules which necessitated those transitional measures could not be resolved before 31 December 1999; whereas it is therefore necessary to make use of the possibility afforded by the 1994 Act of Accession to extend the period in question; whereas an additional period of four years seems appropriate; whereas there should also be a mid-term examination of the progress made by those Member States in applying the Community rules,

[3] OJ L 351, 23.12.1997, p. 12.

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 2596/97, the second paragraph is replaced by the following:

"However, with regard to the requirements relating to the fat content of milk for human consumption produced in Finland and Sweden, the period is hereby extended until 31 December 2003. Finland and Sweden shall notify the Commission before 31 December 2001 of the measures adopted with a view to adapting to the Community rules. On that basis the Commission shall present to the Council a report on the progress made by the Member States concerned."

Article 2

This Regulation shall enter into force on 1 January 2000.

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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