CELEX: 51984PC0005
Language: en
Date: 1984-03-29
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE DESIGNATIONS USED IN THE MARKETING OF MILK AND MILK PRODUCTS

26. 4. 84                            Official Journal of the European Communities                            N o C 111/7
                                                            II
                                                    (Preparatory Acts)
                                               COMMISSION
             Proposal for a Council Regulation on the designations used in the marketing of milk and
                                                      milk products
                                                    COM(84) 5 final
                             (Submitted by the Commission to the Council on 3 April 1984)
                                                     (84/C 111/07)
THE COUNCIL OF THE EUROPEAN                                     other hand, the provisions applying in non-member
COMMUNITIES,                                                    countries may, in some cases, justify derogations in
                                                                order to permit exports from the Community;
Having regard to the Treaty establishing the
European Economic Community, and in particular                  Whereas the provisions of this Regulation do not
Article 43 thereof,                                             affect the provisions concerning foodstuffs for
                                                                particular nutritional uses within the meaning of
                                                                Directive 77/94/EEC (3), or those concerning the
Having regard to the proposal from the Commission,              name under which a foodstuff is sold laid down in
                                                                Article 5 of Directive 79/112/EEC (4),
Having regard to the opinion of the             European
Parliament,                                                     HAS ADOPTED THIS REGULATION:
Having regard to the opinion of the Economic and                                            Article 1
Social Committee,
                                                                1.    The designations given in the Annex shall be
                                                                reserved for the products defined therein.
Whereas Council Regulation (EEC) No 804/68 O ,
as last amended by Regulation (EEC) N o 1600/                   2.    The designations referred to in paragraph 1
83 O , established the common organization of the               shall apply to human and animal foodstuffs which
markets in milk and milk products;                              are:
                                                                (a) marketed in the Community, or
Whereas there are structural surpluses on the market
in milk and milk products; whereas, therefore,                  (b) intended for export outside the Community
disposal of these products should be improved by the                 subject to the provisions of Article 3.
promotion of consumption;
                                                                3.    For the purposes of this Regulation, 'marketing'
Whereas, in the interests of Community producers                shall mean holding or display with a view to sale,
and consumers, the natural composition of milk and              offering for sale, sale, delivery or any other manner
milk products should be protected;                              of offering on the market.
Whereas this may be achieved by rules which ensure                                          Article 2
that the products are appropriately labelled and the             1.   The provisions of Article 1 shall also apply to
consumer is not misled; whereas the products whose              foodstuffs the designation of which is similar to one
designations are protected by these rules should be             of the designations given in the Annex.
defined;
                                                                2.    The provisions of Article 1 shall not apply where
Whereas, to prevent distortions of competition,                 the designation of a foodstuff indicates a product
products imported from non-member countries must                which cannot be confused with one of those given in
comply with Community standards; whereas, on the                the Annex.
O OJ No L 148, 28. 6. 1968, p. 13.                              (3) OJ No L 26, 31. 1. 1977, p. 55.
(2) OJ No L 163, 22. 6. 1983, p. 56.                            (4) O J N o L 3 3 , 8.2. 1979, p. 1.
 ---pagebreak--- N o C 111/8                        Official Journal of the European Communities                             26.4.84
3.   The Member States shall, for the purposes of             those concerning the name under which a foodstuff is
information, provide the Commission, by 1 January             sold laid down in Article 5 of Directive 79/112/EEC.
1985, with a list of the products which they consider
as meeting, on their territory, the conditions set out                                 Article 5
in paragraph 2 and, where necessary, shall sub-
sequently extend it.                                          1.    The Council, acting on a proposal from the
                                                              Commission in accordance with the voting procedure
                                                              laid down in Article 43 (2) of the Treaty, shall adopt
                        Article 3                             general rules implementing this Regulation.
The Member States shall be authorized to provide for
                                                              2.    Detailed rules for the implementation of this
derogations from the provisions of Article 1 in respect
                                                              Regulation shall be adopted in accordance with the
of products exported outside the Community, in
                                                              procedure laid down in Article 30 of Regulation
order to comply with the rules of the recipient
                                                              (EEC) N o 804/68.
countries.
                                                                                       Article 6
                        Article 4
                                                              This Regulation shall enter into force on 1 May 1984.
This Regulation shall not affect the provisions
concerning foodstuffs for particular nutritional uses         This Regulation shall be binding in its entirety and
within the meaning of Directive 77/94/EEC nor                 directly applicable in all Member States.
 ---pagebreak--- 26. 4. 84                          Official Journal of the European Communities                               N o C 111/9
                                                        ANNEX
                       Designation                                       Definition
           1. Milk                             The products defined in Article 3 (1) of Regulation (EEC)
                                                No 1411/71 and those derived from the milking of one or
                                               more buffaloes, ewes or goats
           2. Concentrated milk                The liquid milk obtained by the elimination of some of the
                                               water from milk
           3. Milk powder                      The solid product obtained by the elimination of water from
                                               milk
           4. Whey                             The milk by-product derived from the manufacture of cheese
                                               or casein
           5. Whey powder                      The solid product obtained by the elimination of water from
                                               whey
           6. Cream                            The product obtained from milk or whey in the form of a
                                               fat-in-water emulsion having a fat content exceeding 12 %
           7. Whey cream                       The product obtained from whey or from a mixture of milk
                                               and whey in the form of a fat-in-water emulsion having a fat
                                               content exceeding 12 %
           8. Cream powder                     The solid product obtained by the elimination of water from
                                               cream
           9. Butter                           The product obtained exclusively from milk or cream in the
                                               form of a solid, malleable water-in-fat emulsion containing
                                               not less than 82 % butterfat
          10. Whey butter                      The product obtained from whey cream or from a mixture of
                                               whey cream and milk in the form of a solid, malleable water-
                                               in-fat emulsion
          11. Buttermilk                       The milk by-product derived from butter manufacture
          12. Buttermilk powder                The solid product obtained by the elimination of water from
                                               buttermilk
          13. Cheese                           The product obtained by the coagulation and draining, after
                                               renneting and/or acidification, of milk, cream or mixtures,
                                               whether in the unaltered state or after appropriate treatments
          14. Whey cheese                      The product obtained by the heating, after concentration, of
                                               whey
          15. Curdled milk, fermented milk     Milk products the characteristics of which are determined by
              (yoghurt, kephir and kou-        the action of acids, enzymes, yeasts and rennet
              miss), and junket