PROPOSAL FOR A COUNCIL REGULATION (EEC) FIXING FOR THE 1990/91 AND 1991/92 MILK YEARS THE GUIDELINE FIGURE FOR THE FAT CONTENT OF STANDARDIZED WHOLE MILK IMPORTED INTO IRELAND AND THE UNITED KINGDOM
Date: 1991-02-07
Institutions: European Commission
Subjects: Ireland, United Kingdom, marketing standard, milk fat, whole milk

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0MC91) 26 final 

Brussels, 7 February  1991 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

fixing  for  the 1990/91  and  1991/92 milk years 

the guideline  figure  for  the fat content  of standardized  whole milk 

imported  into  Ireland and  the United  Kingdom 

(presented  by the  Commission) 

-  2 -

EXPLANATORY  MEMORANDUM 

Pursuant  to  Regulation  (EEC)  No  1411/71d)  as  amended  by  Regulation  (EEC) 

No 566/76(2),  the  Member  States  have,  as  from  1 October  1976,  applied  to 

whole  milk  for  human  consumption  either  the  formula  of  non-standardized 

whole  milk  whose  fat  content  has  not  been  altered  since  the  milking  stage 

(Ireland  and  the  United  Kingdom) or  the  formula  of  standardized  whole  milk 

with  a  minimum  fat  content  of  3.5%  (all  other  Member  States,  with  the 

exception  of  Italy  which  has  made  use  of  the  authorization  laid  down  in 

Article  6(3) of  the abovementioned Regulation). 

Pursuant  to  Article  3  of  Regulation  (EEC)  No  1411/71,  Ireland  and  the 

United  Kingdom  must,  however,  permit  the marketing  on  their  territories  of 

standardized  whole mi Ik coming  from  another  Member  State  if the  fat  content 

of  such  milk  is not  less  than  a  percentage  to  be  fixed  for  each  milk  year 

and  corresponds  to  the  weighted  average  fat  content  of  the  whole  milk 

produced  and  marketed  in  the  Member  State  in question  during  the  previous 

year  (guideline  figure). 

For  the  1990/91  milk  year,  which  commenced  on  14 May  1990,  no  guideline 

figure  has yet  been  set. 

Although  the  Commission,  with  this  proposal,  seeks  to  remedy  this 

situation,  it  proposes  that  only  provisional  guideline  figures  be  set  in 

respect  of  the  1991/92 milk  year. 

The  Commission  considers  it necessary,  particularly  in  the  light  of  market 

changes,  to carry out  a detailed  re-examination of  the  rules  in question. 

It  plans  to  present  a  report  coupled  with  proposals  in  this  connection 

before  1 April  1991.  The  purpose  of  such  proposals  will  be  to  allow  the 

swift  repeal  of  paragraphs  6 and  7 of  the aforestated  Article  3. 

(1)  0J  No L  148, 3.7.1971,  p. 4. 
(2)  0J  No L 67, 15.3.1976, p. 23. 

-  3 -

The  target  ceilings  proposed  correspond  to  the  weighted  averages  notified 

by  the  two Member  States  in question: 

for  Ireland:  a)  1990/91  milk  year  -  3,50%. 

b)  1991/92 milk  year  -  3,50%. 

for  the United  Kingdom:  a)  1990/91  milk  year  -  3,90%. 

b)  1991/92 milk  year  -  4,00%. 

The measure  covered  by  this proposal  has  no  financial  consequences. 

-  4 -

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

fixing  for  the 1990/91  and  1991/92 milk  years 

the guideline  figure  for  the fat content  of standardized  whole milk 

imported  into  Ireland and  the United Kingdom 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty establishing  the European  Economic  Community, 

Having  regard  to Council  Regulation  (EEC) No 1411/71  of  29 June 1971  laying 

down additional  rules on  the common  organization  of  the market  in milk  and 

milk  products  for  drinking  m i l k C ),  as  last  amended  by  Regulation  (EEC) 

No 222/88(2), and  in particular  Article  3(6)(b) thereof, 

Having  regard  to the proposal  from  the Commission, 

Whereas,  pursuant  to Article  3(5) of  Regulation  (EEC) No 1411/71,  Ireland 

and  the  United  Kingdom  apply  within  their  territories  the  formula  of 

non-standardized  whole  milk  within  the  meaning  of  the  second  indent  of 

Article  3(1)(b) of  that  Regulation; 

Whereas, pursuant  to Article 3(6) and  (7), a guideline figure must  be fixed 

for  the  1990/91  milk  year  for  the  fat which  standardized  whole milk  coming 

from another Member  State must  contain  to be able to be marketed  within  the 

territories of  the two abovementioned Member  States; whereas  this guideline 

figure must  be  the weighted  average  fat  content  of  the whole milk  produced 

and marketed  in the  importing Member  State during  the previous year; 

(1)  OJ No L 148, 3.7.1971, p. 4. 
(2)  OJ No L 28, 1.2.1988, p. 1. 

-  5  -

Whereas,  particularly  in  the  light  of  market  changes,  it  is  deemed 

appropriate  to  re-examine  the  conditions  of  application  of  the  second 

indent  of  Article  3(1)(b)  and  of  Article  3(6)  and  (7) with  a  view  to  the 

repeal  of  the  latter  paragraphs; whereas  the Commission  should  therefore  be 

requested  to  present  a  report  coupled  with  proposals  in  this  connection 

before  1 April  1991;  whereas,  accordingly,  the  guideline  figure  for  the 

1991/92  milk  year  must  be  fixed,  subject  to  any  amendments  that  may  result 

from  those  proposals, 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

The  guideline  figure  referred  to  in  Article  3(6)(b)  of  Regulation  (EEC) 

No  1411/71  shall  be: 

1. 

For  the  1990/91  milk  year, 

3,50%  for  Ireland, 

3,90%  for  the United  Kingdom. 

2. 

For  the  1991/92  milk  year,  subject  to  any  amendments  resulting  from 

the application of  Article  2, 

3,50%  for  Ireland, 

4,00%  for  the United  Kingdom. 

Article  2 

The  Commission  shall  present  to  the  Commission,  before  1 April  1991,  a 

report  on  the  conditions  of  application  of  the  second  indent  of  Article 

3(1 )(b)  and  of  Article  3(6)  and  (7)  of  Regulation  (EEC)  No  1411/71  and 

shall  propose  any  amendments  to  the  rules  concerned. 

-  6  -

Article  3 

This  Regulation  shall  enter  into  force  on  the  third  day  following  that  of 

its publication  in  the Official  Journal  of  the  European  Communities. 

It shall  apply  with  effect  from  14 May  1990. 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable  in 

a 11 Member  States. 

Done  at  Brussels, 

For  the  Council 

The  President 

FICHE  FINANCIERE 

-7 -

(K!C/91/FF/004) 

DATE  :  16.01.1991 

1.  LIGNE  BUDGETAIRE  :  Chapitre 20 

CREDITS 

5.534 Wio ECU 

2.  INTITULE DE LA MESURE  : 

Proposition  de règlement  du Conseil  fixant  pour  les campagnes  1990/91  et 1991/92 le 
taux  indicatif  pour  la teneur  en matière  grasse  du  lait  entier  normalisé  importé en 
en  Irlande et au Royaume-Uni. 

3.  BASE  JURIDIQUE  :  Article  3 paragraphe  6 point  b) du règlement  (CEE)  n*  1411/71 

4.  OBJECTIFS DE LA MESURE  : 

Fixer  le taux  indicatif  pour  la teneur  en matière  grasse du  lait  entier  importé en 
Irlande et au Royaume-Uni  en provenance  d'autres  Etats  membres. 

5.  INCIDENCES  FINANCIERES 

5.0  DEPENSES A LA CHARGE 

- DU BUDGET DES CE 

(REST ITUT IONS/1NTERVENTIONS) 

- DES BUDGETS  NATIONAUX 
-  D'AUTRES  SECTEURS 

5.1  RECETTES 

-  RESSOURCES  PROPRES DES CE 

(PRELEVEMENTS/DROITS  DE DOUANE) 

- SUR LE PLAN  NATIONAL 

5.0.1  PREVISIONS  DES DEPENSES 
5.1.1  PREVISIONS  DES RECETTES 

5.2  MODE DE CALCUL : 

PERIODE DE 
12  MOIS 

EXERCICE EN 
COURS  (91) 

EXERCICE 
SUIVANT (92) 

n .m 

p.m, 

p.m. 

p.m, 

p.m. 

p.m, 

1993 

1994 

1995 

1996 

6.0  FINANCEMENT  POSSIBLE  PAR CREDITS  INSCRITS AU CHAPITRE  CONCERNE  DU BUDGET 

EN  COURS  D'EXECUTION 

6.1  FINANCEMENT  POSSIBLE  PAR VIREMENT  ENTRE  CHAPITRES DU BUDGrT EN COURS 

D'EXECUTION 

6.2  NECESSITE D'UN BUDGET  SUPPLEMENTAIRE 

6.3  CREDITS A  INSCRIRE  DANS LES BUDGETS  FUTURS 

OBSERVATIONS : 

L'incidence  de la mesure sur le budget  devrait  être  nulle ou négligeable 

OU I/NON 

OU I/NON 

OU !/NON 

OU I/NON 

- 8 -

(WA0003) 

IMPACT ASSESSMENT  FORM 

THE  IMPACT OF THE PROPOSAL ON  BUSINESS 
with special  reference  to small  and medium  sized  enterprises  (SMEs) 

Title of proposal  :  Council  Regulation  fixing  for  the  1990/91  and  1991/92 milk years  the 

guideline  figure  for  the  fat  content  of  standardized  whole milk  Imported  into 
Ireland  and  the United  Kingdom 

Reference Number  (Répertoire) :  V1/7079/90 

The proposal 

1. Taking account  of  the principle of  subsidiarity, why  Is Community  legislation  necessary  In 

this area and what  are  its main aims ? 

Council  Regulation  (EEC) No 1411/71 provides  that  guideline  figures must  be  fixed  for each milk 
year. 

The  Impact  on business  : The proposal  Is without  Impact  on  business. 

2. Who will  be affected  by  the proposal  7 

-  which  sectors of  business 

-  which  sizes of business  (what  Is the concentration  of  small  and medium  sized  firms) 

-  are there particular  geographical  areas of  the Community  where  these  businesses  ar*  found 

3. What  will  business have  to do to comply with  the proposal  ? 

4. What  economic effects  Is the porposal  likely  to have 7 

-  on  employment 

-  on  Investment  and  the creation  of new  businesses 

-  on  the competitive  position  of  businesses 

5. Does  the proposal  contain measures  to take account  of  the spectfic  situation  of  small  and 

medium  sized  firms  (reduced  or different  requirements etc) ? 

Consultation 

6. List  the organisations which  have been consulted  about  the proposal  and out tin»  their main 

views 

-  9 

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