CELEX: 51986PC0222
Language: en
Date: 1986-05-20
Title: PROPOSED AMENDMENTS TO THE PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE DESIGNATIONS USED IN THE MARKETING OF MILK AND MILK PRODUCTS

No C 234/2                              Official Journal of the European Communities                          16. 9. 86
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
            Proposed amendments to the proposal for a Council Regulation on the designations used in the
                                           marketing of milk and milk products (')
                                                      COM(86) 222 final
            (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                               the EEC Treaty on 18 April 1986)
                                                        (86/C 234/02)
           The proposal for a Council Regulation set out in document COM(84) 5 final and presented by
           the Commission on 29 March 1984 is hereby amended as follows:
            1. The following is inserted after the fourth recital:
               'Whereas certain foodstuffs, although containing milk constituents, constitute imitation milk
               and milk products owing to the fact that they contain non-milk ingredients; whereas
               provision should be made for prohibiting the use, for such products, of designations which
               in any way refer to the designations reserved for milk and milk products;'.
           2. In Articles 1 (1) and 2 (1), the words 'in the Annex' are replaced by 'in Annex F.
           3. Article 2 (2) and (3) is replaced by the following:
               '2.    The provisions of Article 1 shall also apply to products which, whilst containing milk
               constituents, constitute imitation milk or milk products.
               The designations used for these products may not make direct or indirect reference to the
               designations of milk and milk products laid down in Annex I.
               "Imitation milk and milk products" shall be understood to mean products which may be
               confused with the products listed in Annex I as defined in Annex II.
               3.     The provisions of Article 1 shall not apply where the designation of certain foodstuffs
               is used to describe a product which cannot be confused with the products listed in Annex I.'
           4. Article 5 is replaced by the following:
                Article 5
               1.     Member States shall send the Commission, by X October 1986:
               — a list of the products which they consider as meeting, on their territory, the conditions
                   set out in Article 2 (1),
               — a list of the products which they consider as corresponding, on their territory, to the
                   products referred to in Article 2 (2).
               Member States shall, where necessary, consequently extend these lists.
           (') OJ No C 111, 26. 4. 1984, p. 7.
 ---pagebreak--- 16.9.86                              Official Journal of the European Communities                                     No C 234/3
           2.     In accordance with the procedure laid down in Article 30 of Regulation (EEC)
           N o 804/68, the Commission shall draw up:
           (a) the detailed rules for the application of this Regulation;
           (b) each of the two lists referred to in paragraph 1 and shall, if necessary, amend them
                 subsequently.'
        5. Article 6 is replaced by the following:
            'Article 6
           This Regulation shall enter into force on 1 June 1986.'
        6. The Annex becomes 'Annex P.
        7. The following Annex II is added:
            'ANNEX II
           (a) Imitation drinking milk, the composition of which differs from that of drinking milk in that it
                contains:
               — in addition to non-fat milk solids, fats of non-milk origin,
               — only small amounts of milk constituents.
           (b) Imitation evaporated milk, the composition of which differs from that of evaporated milk in that it
                contains:
               — in addition to non-fat milk solids, fats of non-milk origin,
               — only small amounts of milk constituents.
           (c) Imitation cream, the composition of which differs from that of cream in that it contains, in addition
               to non-fat milk solids, fats of non-milk origin.
           (d) Imitation milk powder and cream powder, the composition of which differs from that of milk
               powder and cream powder in that it contains:
               — in addition to non-fat milk solids, fats of non-milk origin,
               — only small amounts of milk constituents.
           (e) Imitation butter, the composition of which differs from that of butter in that the milk fats have been
               partly replaced by fats of non-milk origin.
           (f) Imitation cheese, the composition of which differs from that of cheese in that some or all of the
               milk fats and/or protein have been replaced by fats and/or protein of non-milk origin.
           (g) Imitation yoghurt and imitation milk drinks, the composition of which differs from that of yoghurt
                and milk drinks in that they contain:
               — in addition to non-fat milk solids, fats of non-milk origin,
               — only small amounts of milk constituents.'