Opinion of the Economic and Social Committee on the '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'
Date: 1997-10-29
Institutions: European Economic and Social Committee
Subjects: common organisation of markets, marketing standard, milk, milk fat, milk protein

C 19/70

EN

Official Journal of the European Communities

21. 1. 98

Opinion of the Economic and Social Committee on the ‘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’ (1)

(98/C 19/20)

On 11 September 1997 the Council decided, under Articles 43 and l98 of the Treaty
establishing the European Community, to consult the Economic and Social Committee on the
above-mentioned proposal.

The Economic and Social Committee appointed Mr Nilsson as rapporteur-general.

At its 349th plenary session on 29 and 30 October 1997 (meeting of 29 October 1997), the
Economic and Social Committee adopted the following opinion by 81 votes to two, with five
abstentions.

1. Thrust of the Commission proposal

The Commission is proposing a new regulation
1.1.
to replace Regulation (EEC) No 1411/71. The purpose
is twofold: to consolidate amendments to the original
regulation and verify the validity of the provisions in
force, and to review the classification, as laid down in
the Act of Accession for Finland and Sweden.

1.2.
The proposal involves streamlining the regu-
lation so as to make it a ‘vertical’ regulation, which
clarifies the rules on production of drinking milk. Since
1 January 1994 health and quality aspects come within
the scope of Directive 92/46/EEC, which concerns all
milk products; Articles 4 and 5 of the proposal are
adapted accordingly.

1.3. Only a few changes are suggested to the rules on
drinking milk. In practical terms, Finland and Sweden
receive a further derogation for two years, up to
31 December 1999, as regards the minimum fat content
of certain types of drinking milk.

1.4.
It is also proposed to retain the ban on reducing
(standardizing) the protein content of drinking milk.
The option of enriched protein content remains but the
proposal introduces common rules on minimum levels.

2. General comments on the Commission’s proposal

2.1.
The ESC welcomes the Commission’s move to
streamline the rules on production and to incorporate
health and hygiene aspects in the relevant blanket
directive so as to ensure uniformity.

(1) OJ C 267, 3. 9. 1997, p. 93.

2.2.
In appraising the rules on the composition of
milk, the main concern should be to meet consumer
demand for a varied range of high-quality drinking milk
satisfying all applicable health standards.

2.3.
In the explanatory memorandum to its proposal,
the Commission stresses the importance of drinking milk
on the milk product market (26 % of total production in
the fifteen Member States). It should be noted that, in
the case of Finland and Sweden, this figure is as high as
33 % and 32 % respectively.

The ESC also agrees with the Commission
2.4.
proposal that the natural composition of milk proteins
should be maintained and that standardization should
be avoided, but that protein enrichment should be
possible. Previously this matter was governed by national
legislation.

2.5.
The ESC considers that the proposal fails to
place sufficient emphasis on the flexibility needed to
give consumers freedom of choice as regards the range
of drinking milk and authorized fat content.

2.6.
The Commission is inconsistent when it cites
the absence of consumer demand for a change in
classification as grounds for its refusal to authorize
lower fat contents in the case of Finland and Sweden yet
at the same time says that consumer demand for
semi-skimmed and skimmed milk has shot up (from
28,6 % in 1986 to 44,3 % in 1995) at the expense of
whole milk (a drop from 65,4 % to 47,8 % in 1995).
Here the consumer’s interest in low fat alternatives is
obvious. Consumers’ preferences for certain products
give a clear indication of whether they wish changes to
be made. Needless to say, the consumer must have
access to correct and clear information on the product’s
components.

The ESC observes that the Commission provides
2.7.
a very satisfactory description of conditions on the
Finnish and Swedish milk markets. The proposal to
extend the derogation is necessary because of the
importance of drinking milk on these markets and the
way consumer choice looks today. It is interesting to
note that these markets consist virtually exclusively of

21. 1. 98

EN

Official Journal of the European Communities

C 19/71

fresh, pasteurised milk (i.e. not UHT-milk), which
explains why these products have little relevance on
markets outside Finland and Sweden. The wording
suggested in the proposal does not prevent any other
Member State from marketing drinking milk in Finland
and Sweden provided that it satisfies the rules laid down
in Community legislation.

3. Special comments

Article 3(1) specifies the criteria to be met by
3.1.
drinking milk, with particular reference to fat content.
The ceiling authorized for skimmed milk is 0,3 %. One
way of increasing the consumer’s range of choice,
without any change in the current basic rules, would be

to authorize a variable rate of up to 0,5 %. For instance,
on the Swedish market drinking milk with a fat content
of between 0,3 % and 0,5 % accounts for as much as
17 % of total sale. The possibility of meeting this demand
has a very positive impact on the milk market.

Article 3(2)

3.2.
refers to the derogation from
Article 3(1) currently applicable to Finland and Sweden
and extends it for a further two years. In view of the
transitional rules from which other countries have
benefited in this matter, the ESC feels that a longer
transitional period of five years would be more appropri-
ate to enable the two countries to undertake the necessary
adjustments. By way of comparison, other Member
States have been granted a transitional period of con-
siderably more than two years for the purpose of
adaptation.

Brussels, 29 October 1997.

The President

of the Economic and Social Committee

Tom JENKINS

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation
(EC) amending Regulation (EEC) No 2847/93 establishing a control system applicable to the
common fisheries policy’ (1)

(98/C 19/21)

On 29 July 1997 the Council decided to consult the Economic and Social Committee,
under Articles 43 and 198 of the Treaty establishing the European Community, on the
above-mentioned proposal.

The Economic and Social Committee decided to appoint Mr Chagas as rapporteur-general
for its opinion.

At its 349th plenary session held on 29 and 30 October 1997 (meeting of 29 October) the
Economic and Social Committee adopted the following opinion with 97 votes in favour and
one abstention.

1. The Commission proposal

In

1.1.
accordance with Council Regulation
No 779/97 introducing arrangements for the manage-
ment of fishing effort in the Baltic Sea (2), the Commission
is presenting a proposal to implement title IIA of Council

Regulation No 2847/93 (3) in the Baltic Sea. This deals
in particular with the recording and transmission of
data regarding fishing effort.

2. Comments

As the Committee has already had the oppor-
2.1.
tunity to state on a number of occasions, it is important
to guarantee compliance with Community provisions

(1) OJ C 267, 3. 9. 1997, p. 62.
(2) OJ L 113, 30. 4.1997, p. 1.

(3) Regulation establishing a control system applicable to the
common fisheries policy, OJ L 261, 20. 10. 1993, p. 1.