CELEX: 51990PC0206
Language: en
Date: 1990-05-16
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 804/68 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS

7. 6. 90                               Official Journal of the European Communities                            No C 138/9
     (b) The following paragraph 2 is added:                           'Article 12
                                                                      The provisions of this Regulation shall be applicable
                                                                      mutatis mutandis in cases where the payment of a
         '2. The amount referred to in paragraph 1                    sum to the EAGGF has been evaded/
         shall be converted into national currency by
         applying the exchange rates as published in the          11. Article 13 is hereby repealed.
         C series of the Official Journal of the European
          Communities, which are valid on the first                                        Article 2
         working day of the year in which the infor-
         mation on the irregularities is communicated.'          This Regulation shall enter into force on the third day
                                                                 following its publication in the Official Journal of the
                                                                 European Communities.
                                                                 This Regulation shall be binding in its entirety and
10. Article 12 is replaced by the following:                     directly applicable in all Member States.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 804/68 on the
                               common organization of the market in milk and milk products
                                                     COM(90) 206 final
                                       (Submitted by the Commission on 23 May 1990)
                                                        (90/C 138/05)
              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,
              Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical
              nomenclature and on the Common Customs Tariff ('), as last amended by Regulation (EEC)
              No 1251/90 (2), subdivides flavoured yoghurt into produces in powder and products other than
              in powder; whereas Council Regulation (EEC) No 804/68 (J), as last amended by Regulation
              (EEC) No 3879/89 (4), does not lay down such a subdivision for non-flavoured yoghurt;
              whereas Article 1 thereof should be amended accordingly so that the two products are treated
              in the same way;
              Whereas, in accordance with Article 7a (2) (b) of Regulation (EEC) No 804/68, special
              measures may be taken with a view to increasing the possibility of disposing of butter and
              skimmed-milk powder which have neither been bought in by intervention agencies nor been the
              subject of aid to private storage; whereas, however, in view of experience gained, it appears
              that the aim of the abovementioned Article 7a as regards the disposal of such products
              generally applies irrespective of whether the product has or has not been the subject of aid to
              private storage; whereas the provisions concerned should be amended accordingly;
              (') OJ No L 256, 7. 9. 1987, p. 1.
              O   OJ No L 121, 12. 5. 1990, p. 29.
              (») OJ No L 148, 28. 6. 1968, p. 13.
              (4) OJ No L 378, 27. 12. 1989, p. 1.
 ---pagebreak--- No C 138/10                           Official Journal of the European Communities                                 7. 6. 90
          Whereas, moreover, provision should be made for the possibility of granting refunds on milk
          products incorporated in goods falling within CN code 1905 10 00 in order to permit the plants
          exporting such goods to use milk products of Community origin in their manufacture; whereas
          the Annex to Regulation (EEC) No 804/68 should be supplemented to that end,
          HAS ADOPTED THIS REGULATION:
                                                            Article 1
          Regulation (EEC) No 804/68 is hereby amended as follows:
           1. In Article 1, the wording opposite (c) is replaced by the following:
                           CN code                                      Description of goods
              '(c) 0403 10 02 to 36             Buttermilk, curdled milk and cream, yoghurt, kephir and other
                   0403 90 11 to 69             fermented or acidified milk and cream, whether or not concentrated
                                                or containing added sugar or other sweetening matter but not
                                                flavoured nor containing added fruit or cocoa'
           2. Article 7a (2) (b) is replaced by the following:
              '(b) special measures may be taken by the Commission, in accordance with the procedure
                    laid down in Article 30, with a view to increasing the possibility of disposing of butter
                    and skimmed-milk powder which have not been bought in by intervention agencies and
                    the possibility of disposing of other milk products such as cream.'
           3. In the Annex, before CN code 1905 20 (Gingerbread and the like), the following is inserted:
                           CN code                                          Description
               '1905 10 00                      Crispbread'
                                                            Article 2
          This Regulation shall enter into force on the day of its publication in the Official Journal of the
           European Communities.
          This Regulation shall be binding in its entirety and directly applicable in all Member States.