CELEX: 51982PC0059
Language: en
Date: 1982-02-18
Title: Proposal for a COUNCIL DIRECTIVE amending for the second time Directive 76/118/EEC on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption (submitted to the Council by the Commission)

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Vol. 1982/0020
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(82)59 final
                                                    Brussels , 18 February 1982
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                                    Proposal for a
                                 COUNCIL DIRECTIVE
  amending for the second time Directive 76/ 118/ EEC on the approximation
  of the laws of the Member States relating to certain partly or wholly
             dehydrated preserved milk for human consumption
                ( submitted to the Council by the Commission )
  C0M(82 ) 59 final
 ---pagebreak---                                                     C0W)
                              EXPLANATORY MEMORANDUM
 The aims of this proposal for a Directive are as follows            :
 - to bring the requirements governing the labelling of preserved milk into
     line with the rules on the labelling of foodstuffs in general ;
 - to extend the period of application of Article 14 concerning indications
     of quality for the products in question ;
 - to include the following , in the case of certain Member States , in the
     provisions of Article 3 ( 2 ) on the designations of these products :
     " condensed semi-skimmed milk " and " semi-skimmed milk powder ".
 1 . Designations
     Under Article 3 ( 2 ) of Council Directive 76 / 118 / EEC ( 1 ) the use of local
     designations in certain Member States is authorized for retailing pur­
     poses . Council Directive 78 / 63Q / EEC ( 2 ) of 19 June 1978 amending for
     the first time Directive    76 / 118 / EEC extended this authorization to
     " lait demi-ecreme concentre ", " lait demi-ecrem6 concentre non sucre "
     in Belgium , France and Luxembourg and " geevaporeerde halfvolle melk " in
     Belgium and the Netherlands .
    However , under Article 3 ( 3 ) of Directive 76/ 118 / EEC the Council is
     empowered , after a period of five years , to modify or revoke these pro­
    visions .
    Moreover , in certain Member States ( France and the Benelux countries )
    difficulties have arisen as regards the retailing of partly skimmed
    sweetened milk and partly skimmed milk powder , where these products
    contain 14 to 16 grams of fats by weight per 100 grams .           For the sake
    of clarity , it would be desirable to retail these two products under
    the following respective designations : " lait demi-ecreme concentre
    sucre" and " lait demi-ecreme en poudre " in Belgium , France and Luxembourg
    and " gesuikerde geevaporeerde halfvolle melk " and " halfvolle melkpoeder "
    in Belgium and the Netherlands .
( 1 ) Council Directive of 19 June 1978; O.J. no L 206 / 78 of 29.7.1978 .
( 2 ) O.J. no L 206 / 78 of 29.7.1978 .
 ---pagebreak---                                              - 2 -
        Experience has shown , in this connection , that       the designations listed
        in Article 3 ( 2 ) represent nothing more than useful information for the
       consumer .    Likewise , there is no instance where they constitute a barrier
       to intra-Community trade .
       Consequently , it is proposed , on the one hand , to bring the two above-
       mentioned products within the scope of Article 3 ( 2 ) and , on the other ,
       to revoke paragraph 3 of the same article , with the result that these
       designations will        lose their temporary character .
      The professional circles consulted in this connection are favourably
      disposed to these amendments .                                                     ,
2 . Label ling
      Pursuant to the first paragraph of Article 20 of Council Directive
      79 / 112 / EEC of 18 December 1978 on the approximation of the laws of the
      Member States relating to the labelling , presentation and advertising
      of foodstuffs for sale to the ultimate consumer ( 3 ), the rules governing
      the labelling of preserved milk have been provisionally retained .
      The Commission is now proposing to bring these rule ? into line with
      Directive 79 / 112 / EEC , and this is the purpose of Article 2 ( new Article 7 ).
3 . Indications of quality
      Article 14 of Directive 76 / 118 / EEC stipulates that this Directive shall
      not affect the laws of the Member States concerning indications of
      quality applicable to the products referred to .          However , in view of the
       fact that relevant Community provisions had not been adopted within a
       period of three years and pursuant to the second paragraph of this arti­
       cle , the Commission has conducted a survey among the Member States and
       the professional associations .        A report prepared by the Directorate-
       General for Agriculture sets out the results of this survey by pointing
        to the wide variety of quality ranges which exist not only in the Commu­
        nity but also in other major milk-producing countries .         These results ,
         and the discussions on them , showed that , before tackling this problem ,
         it was desirable to lay down minimum physical , chemical and hygienic
         quality criteria in accordance with the provisions of Article 11 of
         Directive 76 / 118 / EEC .  Studies   to this end are currently being carried
   ( 3 ) O.J. No L 33 , 8.2.1979 , p.1 .
 ---pagebreak---  out by the competent Commission departments but , because of the highly
 technical nature of the task , this will take a considerable amount of
 time .  Accordingly , it was considered desirable , with the agreement of
 tne professional associations concerned , to extend to seven years the
deadline for the application of Article 14 ,
•Since this proposal is based on Article 43 of the Treaty , consultation
of the European Parliament is mandatory . Given the nature of the propo­
sal , which is covered by the laws on foodstuffs , consultation of the
Economic and Social Committee is desirable *
 ---pagebreak---                      Proposal for a Council Directive
         amending for the second time Directive 76 / 118 / EEC on the
         approximation on the laws of the Member States relating
         to certain partly of wholly dehydrated preserved milk for
                             human consumption
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ,
                                                    %
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
                                          1
Whereas Council Directive 76/ 118/ EEC lays down in Article 3 ( 3 ) that
five years after the date of notification of this Directive the Council ,
acting on a proposal from the Commission , may decide to modify or
revoke paragraph 2 of this Article ;
                                          2
Whereas Council Directive 78 / 630/ EEC amending for the first time
Directive 76/ 118 / EEC lays down in Article 1 that the designations
be added to Article 3 ( 2 ) of Directive 76/ 118/ EEC , to denote , in the
                             1
case of sale by retail , the product defined in point 1 ( c ) of the Annex
to Directive 76/ 118 / EEC ;
Whereas difficulties have been found in certain Member States in relation
to the designation of condensed semi-skimmed milk and semi-skimmed milk
 powder which may be sold by retail ;       whereas it is therefore necessary
 to extend to those States the option provided for in Article 3 ( 2 ) of
 Council Directive 76 / 118 / EEC , as regards retail sales of products under
 the above designations ;
  1 0J No L 24, 30.1.1976, p . 49 .         OJ No L 206, 29.7.1970, p . 12 .
 ---pagebreak---                              I
                                     - 2 -
 Whereas the use of the designations listed In Article 3 ( 2 > of Directive
 76 / 1 18 / EEC,as amended by Article 1 of Directive 78 / 630 / EEC provides
useful information for the consumer and does not constitute a barrier to
 intra-Community trade ; whereas , in consequence , it is desirable to remove
the temporary character of these designations by revoking Article 3 ( 3 )
of Directive 76 / 118 / EEC ;
Whereas Article 7 ( 8 ) of Directive 76 / 118 / EEC lays down that within
three years of the notification of the Directive the Council
re-examine the derogation provided for in the last indent of paragraph
3 ( a ) of the said Article, relating to partly or wholly skimmed products
for infants ;
Whereas the label ling of preserved mi Ik must be made subject to the general
rules laid down in Council Directive 79 / 112 / EEC of 18 December 1978 on
the approximation of the laws of the Member States relating to the
 labelling , presentation and advertising of foodstuffs for sale to the
ultimate consumer^; whereas, according ly, the present pi recti ve can confine
itself to adopting the necessary provisions supplementing and derogating
from these general rules ;
Whereas the second paragraph of Article 14 of Directive 76 / 118 / EEC
lays down that , after a period of three years from notification of the
Directive , the Council , acting on a proposal from the Commission and
taking into account a report from the Commission on the situation in
the Member States , i ? tot re-examine the possibility of determining
indications of quality ;
Whereas a survey conducted by the Commission among the Member States has
demonstrated the need to lay down minimum physical , chemical and hygienie
standards              prior to examining the possibility of laying down
quality criteria as such ; whereas , in consequence , the period set in
the second paragraph of Article 14 of Directive 76/ 118/ EEC should be
extended ,
^                                                                       •••/•••
 OJ No L 33, 8.2.1979, p. 1 .
 ---pagebreak---                                       - 3 -
 HAS ADOPTED THIS DIRECTIVE       :
                                        Article 1
         Directive 76 / 118 / EEC is hereby amended as follows     :
1.       The following .     is       added to Article 3 ( 2 )   :
         (e)   " lait demi-ecreme concentre sucre " in Belgium , France and
               Luxembourg and " gesuikerde geevaporeerde halfvolle melk "
               in Belgium and the Netherlands , to denote , in the case of
               sale by retail , the product defined in point 1 < g ) of the
              Annex ;
         (f)  " lait demi-ecreme en poudre " in Belgium , France and Luxembourg
              and " halfvol le-melkpoeder " in Bel-gium and the Netherlands ,
              to denote , in the case of sale by retail , the product defined
              in point 2 < c ) of the Annex and containing , by weight ,
              between 14 and 16 grams of fat per 100 grams .
2.       Article 3 ( 3 )      is    . deleted .
3.       Article 7      is       replaced by the following     :
                                        Article 7
         Directive 79 / 112 / EEC shall apply to the products defined in the
         Annex , subject to the following conditions :
          (a)  the name under which the products defined in the Annex are
               sold shall correspond to one of the designations reserved
               for this purpose pursuant to Article 3 ;
          (b)   in the case referred to in Article 5 ( 4 ), the words
                " instant solubility " shall be added to the name under which
                the product is sold .
 ---pagebreak---                                   - 4 -
The labelling ef the preSuets aerified in the Annex shall also include
the following compulsory information :
a ) the percentage of   milk fat , expressed by weight in relation to the
    finished product /  except in the case of the products defined in
    point 1 b ) and f ) and point 2 b ) of the Annex and the percentage
    of fat-free dried   milk extract in the case of the products defined
     in point 1 of the  Annex ;
b ) directions for use in respect of products defined in point 1 of the
    Annex ; these particulars may be replaced by relevant information
    on the use of the product when the latter is intended for applica­
    tion in the unaltered state ;
c ) in the case of the products defined in point 2 of the Annex , the
                         t
    recommendations on the method of dilution or reconstitution ,
    including details of the fat content of the product thus diluted
    or reconstituted , except in the case of the products defined in b );
d ) the expressions " UHT " or " ultra heat treated" for the products defined
    in point 1 a ), b ), c ) and d ) of the Annex , where these products
    are obtained as a result of such treatment and aseptically packed .
    - The net quantity of products defined in the Annex shall be
       expressed :
       a ) in units of mass as a général rule ;
       b ) in units of volume as regards Liquid or semi-liquid bottled
           products ;
    - The particulars set out in paragraph 3 a ) and d ) shall appear
       in the same field of vision as those listed in Article 11 (< 3 )
       of Directive 79/ 112 / EEC ;
    - In the case referred to in Article 5 ( 7 ) Member States shall be
       empowered to insist on the inclusion of details of the nature
       and quantity of added vitamins ;
        \
    - Member States shall also be empowered to insist on the inclusion
       of a recommendation on the use by infants of the partly or wholly
       dehydrated products defined in the Annex *                          .
 ---pagebreak---   The following Article 7a is inserted :
                             Article 7a
 Without prejudice to the provisions to be adopted by the Community in
 this field . Member States shall be free to determine rules on the label­
 ling of the products defined in the Annex and not intended for delivery
as such to the ultimate consumer ".
The second paragraph pf Article 14 is hereby amended as follows    :
" In the absence of relevant Community provisions as at 1 January 1986 ,
the Council shall re-examine the provisions of this Article on the
basis of a report from the Commission with any appropriate proposals ".
                             Article 2
Member States shall make such amendments to their laws as may be
necessary to comply with the provisions of this Directive and shall
forthwith inform the Commission thereof .
The laws thus amended shall be applied in such a way as to      :
- permit trade in those products which comply with the provisions of
   this Directive not later than 1 January 1984 ;
- prohibit trade in those products which do not comply with the
   provisions of this Directive as from 1 January 1985 .
                             Article 3
This Directive is addressed to the Member States .
 Done at Brussels ,                            For the Counci l