Council Regulation (EC) No 1152/2007 of 26 September 2007 amending Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products
Date: 2007-09-26
Institutions: Council of the European Union
Subjects: aid to agriculture, butter, intervention agency, intervention price, purchase, skimmed milk powder, storage premium

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COUNCIL REGULATION (EC) No 1152/2007

of 26 September 2007

amending Regulation (EC) No 1255/1999 on the common organisation of the market in milk and
milk products

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

(5)

Whereas:

for

the non-fatty dry

Article 7(1) of Council Regulation (EC) No 1255/1999 (2)
the protein
sets up the minimum requirement
into inter-
content of skimmed milk powder bought
vention at 35,6 % of
extract.
Following the allowance in the Community of standardi-
sation to 34 % of certain dehydrated preserved milk, it is
appropriate for the good management of intervention
stocks to provide that the intervention quality is fixed
at that level. The intervention price of skimmed milk
that Regulation,
powder,
set up in Article 4(1) of
the new
should be amended to take into account
standard for protein content.

(6)

(7)

Article 6(1) of Regulation (EC) No 1255/1999 provides
for the buying in of butter by the intervention agencies
when market prices of butter over two weeks are less
than 92 % of the intervention prices. The operation of
such arrangement is administratively cumbersome. In the
light of the most recent amendments of the intervention
system and with a view to simplifying that system, the
trigger arrangement should be abolished.

Article 6(3) of Regulation (EC) No 1255/1999 provides
that aid for private storage of butter can only be granted
on butter classified according to national quality grades.
The application of different quality grades in Member
States leads to different treatment with respect to the
treatment and
aid.
to provide for equal
simplify the administration for
the aid for private
storage, the national quality criteria should be replaced
by Community criteria used for other market support.

In order

(1)

(2)

(3)

In accordance with Article 6(3) of Regulation (EC) No
1255/1999, aid for private storage of cream is to be
granted as a market support measure. Equally, pursuant
to Article 7(3) of that Regulation aid for private storage
of skimmed milk powder may be granted. These two
support measures have in practice been inactive for a
long time, even when there was a serious imbalance on
for milk fat and proteins. They may
the markets
therefore
should be
be
abolished.

considered obsolete

and

Article 13(1)(b) of Regulation (EC) No 1255/1999
provides for the possibility for military forces to buy
butter at reduced prices. However, that provision has
not been applied since 1989 and such support scheme
is deemed not necessary.

Article 14(3) of Regulation (EC) No 1255/1999 sets up
the aid level for milk supplied to pupils in educational
establishments and provides for the adaptation of the aid
level for other eligible products. With a view to simplify
the school milk scheme, while responding to today’s
health and nutritional tendencies, a flat rate aid should
be set for all categories of milk.

Article 26 of Regulation (EC) No 1255/1999 provides
for the obligatory use of an import licence for all imports
of products referred to in Article 1 thereof. Monitoring
systems other than the licensing system are now available
providing more accurate, updated and transparent infor-
mation. Where appropriate, such systems should equally
be applied for the import of dairy products. The request
be
licence
for
an import
compulsory, whilst
be
the
empowered to introduce
licensing system when
necessary.

therefore not
should

Commission
a

should

(8)

Regulation (EC) No 1255/1999 should be amended
accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1255/1999 is hereby amended as follows:

(1) Opinion of 5 September 2007 (not yet published in the Official

Journal).

1. Article 4(1)(b) shall be replaced by the following:

(2) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

‘(b) skimmed milk powder: 169,80.’.

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2. Article 6 shall be amended as follows:

3. Article 7 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

(a) paragraph 1 shall be replaced by the following:

Intervention agencies

‘1.
as
indicated in paragraph 2 at 90 % of the intervention
price during the period 1 March to 31 August of any
year, on the basis of specification to be determined.

shall buy in butter

Where the quantities offered for intervention during the
abovementioned period exceed 30 000 tonnes in 2008
and onwards, the Commission may suspend intervention
buying.

In such cases, buying-in by intervention agencies may be
carried out using a standing tendering procedure on the
basis of specifications to be determined.’;

(b) the second subparagraph of paragraph 2 shall be deleted;

‘1.
The intervention agency designated by each of the
Member States shall, under conditions to be determined,
buy in at the intervention price top quality skimmed
milk powder made in an approved undertaking in the
Community by the spray process and obtained from
cow’s milk produced in the Community, which is
offered to it during the period from 1 March to
31 August and which:

— meets a minimum protein content of 34,0 % by

weight of the fat free dry matter,

— meets preservation requirements to be laid down,

(c) paragraph 3 shall be amended as follows:

— meets conditions to be determined as regards the

minimum quantity and packaging.

(i) the first subparagraph shall be replaced by the

following:

‘3.

Aid for private storage shall be granted for:

— unsalted butter produced from cream or milk in
an approved undertaking of the Community of a
minimum butterfat content, by weight, of 82 %,
a maximum milk solids non-fat content, by
weight, of 2 % and a maximum water content,
by weight, of 16 %,

— salted butter produced from cream or milk in an
approved undertaking of the Community of a
minimum butterfat
content, by weight, of
80 %, a maximum milk solids non-fat content,
by weight, of 2 %, a maximum water content, by
weight, of 16 % and a maximum salt content, by
weight, of 2 %.’;

by

The intervention price shall be that in force on the day
of manufacture of the skimmed milk powder and shall
apply to skimmed milk powder delivered to the store
designated
Flat-rate
transport costs shall be borne, under conditions to be
fixed, by the intervention agency if the skimmed milk
powder is delivered to a store situated at a distance
than a distance to be determined from the
greater
place where the skimmed milk powder was in store.

intervention

agency.

the

The skimmed milk powder may only be stored in stores
meeting conditions to be fixed.’;

(b) paragraphs 3 and 5 shall be deleted.

4. Article 10(a) shall be replaced by the following:

(ii) the second subparagraph shall be deleted;

‘(a) the detailed rules for the application of this chapter;’.

(iii) in the fourth and fifth subparagraphs the words

‘cream or’ shall be deleted.

5. Article 13(1)(b) shall be deleted.

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6. Article 14(3) shall be replaced by the following:

may be subject
export licence.’;

to the presentation of an import or

‘3.

The Community aid shall be:

— EUR 18,15/100 kg of all milk.

The amounts of aid for other eligible milk products shall be
determined taking into account the milk components of the
product concerned.’.

(b) paragraph 3(a) shall be replaced by the following:

‘(a) the list of products in respect of which export
licences are required and the import procedures
where no import licences are required;’.

7. Article 26 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

Article 2

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

‘1.
Imports into the Community and exports from the
Community of one or more products listed in Article 1

It shall apply from 1 January 2008. However, points 1 and 3 of
Article 1 shall apply from 1 September 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 September 2007.

For the Council
The President

J. SILVA