Council Regulation (EEC) No 3904/87 of 22 December 1987 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products
Date: 1987-12-22
Institutions: Council of the European Union
Subjects: common organisation of markets, milk, milk product













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31987R3904

Council Regulation (EEC) No 3904/87 of 22 December 1987 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products  


Official Journal L 370 , 30/12/1987 P. 0001 - 0006 Finnish special edition: Chapter 3 Volume 25 P. 0095  Swedish special edition: Chapter 3 Volume 25 P. 0095  





COUNCIL REGULATION  (EEC) N° 3904/87of 22 December 1987amending Regulation (EEC) N° 804/68 on the common organization  of the market in milk and milk productsTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic 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 (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas the Community is a Contracting Party to the International Convention on the Harmonized  Commodity Description and Coding System, hereinafter referred to as the 'harmonized system', which  replaces the Convention of 15 December 1950 on Nomenclature for the Classification of Goods in  Customs Tariffs; Whereas Council Regulation (EEC) N° 2658/87 (3) established, from 1 January 1988, a combined goods  nomenclature based on the harmonized system which will meet the requirements both of the Common  Customs Tariff and of the external trade statistics of the Community; Whereas, as a result, it is necessary to express thedescriptions of goods and tariff heading  numbers whichappear in Regulation (EEC) N° 804/68 (4), as last amendedby Regulation (EEC) N°  773/87 (5), according to the termsof the combined nomenclature, based on the harmonized system; Whereas numerous regulations in the milk and milk products sector must be adapted in the light of  the new nomenclature; whereas, under Article 15 of Regulation (EEC) N° 2658/87, the changes made  may be of a technical nature only; whereas, accordingly, a provision should be introduced whereby  all other adjustments to Council or Commission regulations on the common organization of the market  in the milk products sector should be made in accordance with the procedure laid down in Article 30  of Regulation (EEC) N° 804/68, provided that such adjustments are required solely as a result of  the introduction of the harmonized system, HAS ADOPTED THIS REGULATION: Article 1Regulation (EEC) N° 804/68 is hereby amended as follows: 1.  Article 1 is replaced by the following: 'Article 1The common organization of the market in milk and milk products shall cover the  following products: >TABLE>2.  Article 4 is replaced by the following: 'Article 4The Council, acting in accordance with the voting procedure laid down in Article 43 (2)  of the Treaty on a proposal from the Commission, shall fix each year for the following milk year  Community threshold prices for certain of the products listed in Article 1, hereinafter called  ''pilot products''. The threshold prices shall be fixed so that, account being taken of the  protection required for the Community processing industry, the prices of imported milk products  shall correspond to the level of the target price for milk.'3.  Article 13 (2) is replaced by the  following: '2.  Member States may issue a licence to any applicant irrespective of the place of his  establishment in the Community. The licence shall be valid for a transaction carried out in the Community from a date to be fixed  by the Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the  Treaty on a proposal from the Commission. The issue of such licence shall be conditional on the lodging of a deposit guaranteeing that  exportation is effected during the period of validity of the licence; the deposit shall be  forfeited in whole or in part if the transaction is not effected, or is only partially effected,  within that period.'4.  Article 17 (1) is replaced by the following: '1.  To the extent necessary to enable the products listed in Article 1 to be exported either in  the unaltered state or in the form of goods listed in the Annex in the case of products listed in  Article 1 (a), (b), (c), (d), (e) and (g), on the basis of the prices for those products in  international trade, the difference between those prices and prices in the Community may be covered  by an export refund.'5.  The final subparagraph of Article 17 (2) is replaced by the following: 'The refund may be fixed by tender for skimmed-milk powder falling within subheading 0402 10 19 of  the combined nomenclature exported in bulk andfor butter falling within heading N° 0405 00 thereof  exported in bulk.'6.  Article 26 (1) is replaced by the following: '1.  Subject to the conditions laid down in paragraphs 3 and 4, Community aid shall be granted for  supplying to pupils in educational establishments certain processed milk products falling within  heading Nos 0401 and 0403, subheading 0404 90 and heading N° 0406 or subheading 2202 90.'7.  The  following paragraph is added to Article 26: '5.  Paragraphs 1 to 4 may be applied, through the agency of charitable organizations - recognized  by the Member State concerned, or if no recognition has been granted in that Member State to such  organizations, by the Commission - to those persons most in need. In such cases, the aid- shall be granted so as to permit the free distribution of the products  referred to in paragraph 1, - may also be granted for the free distribution of products falling within subheading 0405 00 of  the combined nomenclature.'8.  The Annex is replaced by the Annex to this Regulation. Article 2The Commission, in accordance with the procedure provided for in Article 30 of  Regulation (EEC) N° 804/68, shall make the necessary adaptations to Council or Commission acts  concerning the common organization of the market in milk and milk products which result from the  application of Article 1. Article 3This Regulation shall enter into force on the third day following its publication in the  Official Journal of the European Communities. Article 1 shall apply with effect from 1 January 1988. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 22 December 1987. For the CouncilThe PresidentN. WILHJELM ANNEX 'ANNEX >TABLE> ANNEX 'ANNEX >TABLE>