CELEX: 51998PC0424
Language: en
Date: 1998-07-09
Title: 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

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)
 ---pagebreak---  ---pagebreak---                                                        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-
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                                 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".
 ---pagebreak---                                                          OS-199X-03017-00-00-KN-TRA-OO (|?N)
                           Proposal for a Council Decision of.
    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
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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.
                                          Article 2
This Decision is addressed to the Member States.
Done at Brussels,                                          For the Council
                                                £
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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                                          Name of products
Code
23                 Total butter and other yellow fat milk products
231                Traditional butter
232                Recombined butter
233                Whey butter
234                Rendered butter and butteroil
235                Other yellow fat dairy products
2351               Reduced-fat butter
2352               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 %.
  7
    O J L 2 4 , 25.1.1997, p.26.
 ---pagebreak---                                                          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', 'anhydrous butter', 'butteroil', 'butyric fat' (milk fat) and
'concentrated butter'.
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
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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.
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                                           B. Utilisation
23            Total butter and other yellow fat dairy products
231           Traditional butter
232           Recombined butter
233            Whey butter
234            Rendered butter and butteroil
 235           Other yellow fat dairy products
 23 51         Reduced-fat butter
 2352         Other
                                                  l
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                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.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                          COM(98) 424 final
                                             DOCUMENTS
EN                                                            17 03   15 10
                                    Catalogue number : CB-CO-98-435-EN-C
                                                             ISBN 92-78-37921-2
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