Proposal for a Council Decision amending Decision 97/80/EC laying down provisions for the implementation of Council Directive 96/16/EC on statistical surveys of milk and milk products
Date: 1998-07-09
Institutions: European Commission
Subjects: EU financing, agricultural statistics, fats, milk, milk product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 09.07.1998 
COM(1998) 424 final 

Proposal for a 

COUNCIL DECISION 

amending Decision 97/80/EC laying down provisions for the implementation of 
Council Directive 96/16/EC on statistical surveys of milk and milk products 

(presented by the Commission) 

OS-1998-03017-00-00-EN-TRA-OO (EN) 

Summary 

Decision 97/80/BC concerning the statistical  surveys of milk and milk products contains 
a list of the milk products covered. 

Of these products, butter is one which has started to appear in different  forms and which, 
in certain conditions, receives Community subsidies. 

The Commission therefore needs statistical data on the new types of butter and yellow fat 
dairy products that are appearing on the markets. 

The proposed amendment of the decision  includes new names of  butter and yellow  fat 
dairy  products  in  the  list  of  products  subject  to  statistical  surveys  for  the  purposes  of 
monitoring the market trends concerned. 

Z-

OS-1998-030 ! 7-00-00-1-N-ï  RA-00  (UN) 

Explanatory  Memorandum 

In order to ensure the sound management of the common agricultural policy,  in particular 
the butter market, the  Commission  requires  accurate  data providing  reliable  information 
on  the  precise  developments  of  the  various  types  of  butter  and  other  yellow  fat  dairy 
products. 

A  Commission  proposal  to  amend  Decision  97/80/EC  was  therefore  submitted  to  the 
Standing  Committee  for  Agricultural  Statistics  (SCAS)  on  7  October  1997.  Its  main 
purpose  was  to  add  recombined  butter,  reduced-fat  butter  and  other  yellow  fat  dairy 
products  to  the  list  of  milk  products  covered  by  the  statistical  surveys  on  the  milk  and 
milk  product  sector.  Since  the  vote  on  the  proposal  failed  to  result  in  an  opinion,  the 
Commission  must,  in accordance  with Article  7 (3)(b) of Council  Directive  96/16/EC on 
statistical  surveys  of  milk  and  milk  products,  submit  a  proposal  to  the  Council  on  the 
measures to be taken. 

The  Commission  has  re-examined  its  initial  proposal  in  the  light  of  the  observations 
made  during  the  SCAS  vote  and  has  come  to  the  conclusion  that,  as  regards  the 
substance, the proposal should be upheld, for the following  reasons: 

For the  analysis  and management  of  the  butter market, the  Commission  requires 
statistics  which  provide  information  on  a  range  of  varied  products  including 
recombined  butter,  reduced-fat  butter  and  other  yellow  fat  dairy  products  which 
are  likely  to  grow  significantly  in  importance  on  the  internal  market  of  the 
European Union and at international  level.  The proposed distinction between the 
various products is already applied at international  level. 

Milk  enterprises are technically  capable of identifying  the various types of butter, 
including  recombined  butter  produced  from  butteroil  according  to  a  known, 
controllable  process,  and  they  can,  therefore,  provide  the  information  requested. 
It is mainly  the large milk  enterprises that are concerned,  but  small  and medium-
sized enterprises may also be  affected. 

The  Commission  is  of  the  opinion  that the definitions  of  the  products  concerned 
by the proposed amendment  are sufficiently  clear and precise  for the objective  in 
question,  that  the  proposed  amendments  are  the  logical  consequence  of  the 
existing  legislation  and that they  do  not  contradict  Council  Regulation  (EC)  No 
2991/94. 

Nevertheless,  to  take  account  of  the  observations  made  by  certain  delegations,  the 
Commission  has  revised  the  initial  proposal  submitted  to  the  SCAS  as  regards  certain 
technical  points,  in  particular  with  a  view  to  reducing  the  number  of  sub-products  for 
which  the  statistical  data  were  requested,  and  replacing  the  term  "natural  butter",  which 
some delegations had difficulty  accepting, with the term "traditional butter". 

Proposal for a Council Decision of. 

OS-199X-03017-00-00-KN-TRA-OO (|?N) 

amending Decision 97/80/EC laying down provisions for the implementation of 
Council  Directive 96/16/EC on statistical surveys of milk and milk products 

'mil COUNCIL OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Directive 96/16/EC of  19 March  1996 on statistical  surveys of 
milk and milk products and in particular Article 3 (2)and Article 6 (l)1  thereof, 

Having regard to the Commission proposal, 

Whereas Regulation (EEC) No 804/68 of the Council on the common organisation of the 
market  in  milk  and  milk  products2,  as  last  amended  by  Regulation  (EC)  No  1587/963, 
lays  down  the  conditions  applicable  to  butter  subject  to  the  public  intervention  system 
and  butter  eligible  for  private  storage  subsidies;  whereas  butter  subject  to  public 
intervention  must be produced directly and exclusively  from  pasteurised  cream; whereas 
this condition  does not apply to butter in private storage;  whereas  for  certain  measures 
providing  for  aid  for  the  sale  of  butler on  the  Community  market  and  in  particular  the 
system  referred  to in Regulation (EC) No 2571/974, butter must be produced directly and 
exclusively  from  pasteurised cream  in order to qualify; 

Whereas  the  high  quantities  of  butter  in  receipt  of  Community  subsidies  in  relation  to 
total  production  require  the  establishment  of  a  statistical  basis  that  is  appropriate  for 
monitoring  the  various  types  of  butter  and  can  take  account  of  the  above-mentioned 
distinction; 

Whereas, in order to ensure the sound management of the common agricultural policy, in 
particular  the  butter  market,  the  Commission  requires  accurate  data  providing  reliable 
information  on the precise developments of the various types of butter and  other yellow 
fat dairy products; 

Whereas Regulation (EEC) No 2658/875 on the tariff  and statistical nomenclature and on 
the Common  Customs Tariff,  as last amended by Regulation  (EC) No 2509/976, already 
provides for the breakdown of the various types of butter according to the combined 

1 OJL  78, 28.3.1996, p.27. 

2 OJL  148, 28.6.1968, p.13. 

3 OJL 206, 16.8.1996, p.21. 

4  OJL 350, 20.12.1997, p.3. 

5 OJL 256, 7.9.1987, p. 1. 

6  OJL 345, 16.12.1997. 

<t 

OS-1998-03017-00-00-EN-TRA-OO (EN) 

nomenclature  code  applicable  to  trade;  whereas  in  order  to  remain  consistent  with  this 
approach  it  is  appropriate  to  follow  the  same  breakdown  of  butter  for  the  collection  of 
statistical  information  on this sector; whereas Decision  97/80/EC laying  down  provisions 
for the implementation of Council Directive 96/16/EC should therefore be amended; 

Whereas  the  Standing  Committee  for  Agricultural  Statistics  (SCAS)  did  not  render  an 
opinion  within the deadline set by its Chairman; whereas the measures provided  for in the 
present  Decision  must, therefore,  in accordance  with  Article 7 of  Directive  96/16/EC,  be 
adopted by the Council, 

HAS ADOPTED THE FOLLOWING  DECISION: 

Article  1 

Annexes  I and II of Commission  Decision  97/80/EC are amended as shown in the Annex 
to the present Decision. 

This Decision is addressed to the Member States. 

Article  2 

Done at Brussels, 

For the Council 

£ 

OS-1998-03017-00-00-EN-TRA-OO (EN) 

ANNEX 

Annex I of Commission  Decision 97/80/EC 7 is amended as follows: 

1 ) Code 23 in the list of milk products is replaced by: 

Product 
Code 

23 

231 

232 

233 

234 

235 

2351 

2352 

Name of products 

Total butter and other yellow fat milk products 

Traditional butter 

Recombined butter 

Whey butter 

Rendered butter and butteroil 

Other yellow fat dairy products 

Reduced-fat  butter 

Other 

I 

2) The text entitled BUTTER (23) in the explanatory notes is replaced by the following: 

BUTTER (23) 

Butter,  total  and  other  yellow  fat  dairy  products  (23):  includes  traditional  butter, 
recombined  butter,  whey  butter,  rendered  butter  and  butteroil,  and  other  yellow  fat 
products, expressed  in butter equivalent with a milk fat content equal to 82 % by weight 
of the product. 

- Table A: Denmark: includes only traditional butter (231), 

-  Tabic  B: the  headings  231  (traditional  butter),  232  (recombined  butter),  233  (whey 
butter), 234 (rendered butter and butteroil) and 235 (other yellow fat dairy products) 2351 
(reduced-fat  butter) 2352 (other) must be recorded in product weight. Only item 23 must 
be given in its butter equivalent. 

Traditional  butter  (231): a product  obtained  directly  and  exclusively  from  pasteurised 
cream,  with  a milk  fat  content  of  not  less  than  80  % and  less  than  90 %,  a maximum 
water content of 16 % and a maximum dry non-fat milk-material content of 2 %. 

7O J L 2 4,  25.1.1997, p.26. 

OS-1998-030] 7-00-00-EN-TRA-OO (EN) 

Rccombined  butter  (232): a  product  obtained  from  butteroil.,  non-fat  dry  milk  extract 
and water, with a milk fat content of not less than 80% and less than 90% and maximum 
water content of  16% and a maximum dry non-fat  milk-material content of 2%. 

Whey  butter  (233): a product  obtained  from  whey  cream  or  a  mixture  of  whey  cream 
and cream with a milk  fat content of not less than  80% and  less than 90% and maximum 
water content of  16% and a maximum dry non-fat  milk-material content of 2%. 

Headings  231, 232 and  233 also  include  butter  which  contains  small  amounts of herbs, 
spices,  aromatic  substances,  etc.  on  the  condition  that  the  product  retains  the 
characteristics of butter. 

Rendered butter and butteroil (234): 

Rendered  butter:  rendered  butters  have  a milk  fat  content  exceeding  85 % by  weight. 
The  term  frequently  covers,  in  addition  to  rendered  butter  as  such,  a  number  of  other 
similar  dehydrated  butters  which  are  known  generically  under  various  names,  such  as 
'dehydrated  butter', 
(milk  fat)  and 
'concentrated  butter'. 

'anhydrous  butter', 

'butyric  fat' 

'butteroil', 

Butteroil:  a product  obtained  from  milk,  cream  or  butter  by  processes  which  eliminate 
the water and the dry non-fat extract with a minimum content of milk fat of 99,3 % of the 
total weight and a maximum water content of 0,5 % of the total weight. 

- Also includes 'ghee', 

- To avoid double counting, 'butteroil' relates only to direct production from cream. 

Other yellow fat products (235): 

Reduced-fat  butter (2351): product similar to butter with a milk-fat  content of less than 
80 % by weight (excluding all other fat) (Sales description  according to section A of the 
Annex  to  Council  Regulation  2991/94  of  5  December  19948:  three  quarter-fat butter, 
half-fat butter and dairy spread). 

Other  (2352): in particular  fats  composed  of plant  and/or  animal  products: products  in 
the form of a solid, malleable emulsion principally of the water-in-oil type, derived from 
solid and/or liquid vegetable and/or animal  fats  suitable  for  human  consumption, with a 
milk-fat  content  of  between  10  %  and  80  %  of  the  fat  content.  (Sales  description 
according  to  section  C  of  the  Annex  to  Council  Regulation  2291/94  of  5  December 
19949: blend,  three-quarter-fat blend,  half-fat blend and blended spread). 

8 OJL 316, 9.12.1994, p.6. 

9  OJL 316, 9.12.1994, p.6. 

ï 

Table  B: if the reduced-fat  butter  (2351) and/or  'other'  (2352) are produced  from  butter 
manufactured  in the same dairy and the type of butter is not identifiable  (231, 232 or 233) 
the data are taken from heading 23 , indicating the quantity of butter concerned. 

OS-1998-03017-00-00-EN-TRA-OO (EN) 

Annex  II  of  Decision  97/80/EC  is  amended  as  follows:  in  table  B  "Utilisation"  the 
headings of Code 23 "Butter and other yellow fat dairy products" are replaced as follows: 

Code 

23 

231 

232 

233 

234 

235 

B. Utilisation 

Total butter and other yellow fat dairy products 

Traditional butter 

Recombined butter 

Whey butter 

Rendered butter and butteroil 

Other yellow fat dairy products 

23 51 

Reduced-fat butter 

2352 

Other 

l 

OS-1998-03017-00-OO-EN-TRA-OO (EN) 

Supplementary 

sheet  concerning  EEA 

countries 

Title of the proposal: 

Draft Council Decision amending Decision 97/80/EC laying down provisions for the 
implementation  of  Council  Directive  96/16/EC  on  statistical  surveys  of  milk  and 
milk products 

Impact on the EEA countries: 

The \\\:A  countries oflirTA  have an interest  in the draft  Decision  and  have  participated 
in the meetings of the working party relating to this draft  Decision. 

ISSN 0254-1475 

COM(98) 424 final 

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17  03  15  10 

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ISBN  92-78-37921-2 

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