CELEX: 51990PC0209(01)
Language: en
Date: 1990-05-15
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN ADDITIONAL GENERAL RULES ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS AS REGARDS CHEESE

2. 6. 90                               Official Journal of the European Communities                               No C 135/9
     1993 — eighth year:                                           5. Article 6 (1) is replaced by the following:
               implementation of the new system in the
              whole of Greece.'                                       'The Community shall contribute to the financing of
                                                                      the programme up to the amount of the appropri-
                                                                      ations entered for this purpose in the general budget
 3. In Article 4 (1), the first subparagraph is replaced by           of the European Communities and in accordance with
    the following:                                                    the arrangements laid down in this Decision. The rate
                                                                      of the Community contribution to the necessary
                                                                      expenditure shall be equal to one-third of the actual
    'From 1986 until the end of the programme, Greece                 expenditure of the programme during the period 1986
    shall submit to the Commission, in April each year (t),           to 1990 and two-thirds of the overall expenditure for
    an annual programme of measures for the purposes of               the period 1991 to 1993.
    applying Article 3. However, the programme of acti-
    vities to be carried out in 1991 shall be prescribed in           The estimated necessary expenditure to be borne by
    June 1990.'                                                       the Community amounts to ECU 20 million for the
                                                                      entire programme.'
4. In Article 5 (2), the following is added:
                                                                  6. In Article 7 (2), '45 votes' is replaced by '54 votes'.
    'In September 1994, the Commission shall present to                                      Article 2
    the Council a report on the implementation of the
    programme, in particular on the results obtained.'            This Decision is addressed to the Hellenic Republic.
               Proposal for a Council Regulation (EEC) laying down additional general rules on the common
                          organization of the market in milk and milk products as regards cheese
                                                      COM(90) 209 final
                                       (Submitted by the Commission on 18 May 1990)
                                                        (90/C 135/12)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          processed with a view to the manufacture of casein and
                                                                  caseinates; whereas that aid for disposal must ensure for
                                                                  the Community producers concerned a market position
Having regard to the Treaty establishing the European             identical to that of producers of non-Community casein
Economic Community, and in particular Article 43                  and caseinates the products of which, following a
thereof,                                                          binding of customs duties, are available on the market on
                                                                  the Community market at the world market price;
Having regard to the proposal from the Commission,
                                                                  Whereas technical progress combined with the
Having regard       to   the   opinion   of   the  European       arrangements for controlling milk production have had
Parliament,                                                       the result of developing the use of casein and caseinates
                                                                  in products for which the primary objective of the aid
                                                                  did not intend them; whereas such substitution oper-
Having regard to the opinion of the Economic and                  ations have had the result of affecting the stability of the
Social Committee,                                                 milk market; whereas, while it appears vital for reasons
                                                                  of competition to maintain the principle of aid of a
                                                                  sufficient amount, measures to ensure that the granting
Whereas Article 11 of Council Regulation (EEC) No                 of the aid may not disturb the balance of the milk
804/68 on the common organization of the market in                market and that casein and caseinates of Community and
milk and milk products ('), as last amended by Regu-              non-Community origin receive the same treatment must
lation (EEC) No 3879/89 (2), provides for the granting            be adopted;
of aid since the introduction of that organization, for
skimmed milk produced in the Community and
                                                                  Whereas the characteristics of casein and caseinates and
(') OJ No L 148, 28. 6, 1968, p. 13.                              those of cheese show similiarities such that the latter
(') OJ No L 378, 17. 12. 1989, p. 1.                              products are particularly vulnerable to the abovemen-
 ---pagebreak--- N o C 135/10                           Official Journal of the European Communities                                   2. 6. 90
tioned substitution operations; whereas only the use of          (c) frequent, unannounced spot checks in order to
casein and caseinates in cheese should accordingly be                 cross-check the stock accounts on the one hand and
governed by rules at Community level;                                 appropriate commercial documents and stocks
                                                                      actually held on the other hand; such checks shall
Whereas the sound operation of such arrangements                      relate to a representative number of the declarations
requires, on the part of the Member States, controls                  referred to in (a) in order to check the facts;
ensuring compliance with the obligations laid down;
whereas to that end provision should be made in                  (d) other items determined, where appropriate, in
particular for controls and the relevant penalties;                   accordance with the procedure laid down in Article
whereas the penalties must be such as to neutralize at                30 of Regulation (EEC) No 804/68.
least the economic benefit arising from unauthorized
utilization,                                                     2.    The Member States shall notify the Commission of
                                                                 all measures adopted pursuant to this Regulation and of
HAS ADOPTED THIS REGULATION:                                     those ensuring that the parties concerned are informed as
                                                                 to the penal or administrative penalties to which they are
                                                                 liable in the case of failure to comply with the provisions
                          Article 1                              of this Regulation, observed either pursuant to the
The use of casein and caseinates in the manufacture of           measures adopted under paragraph 1 or during any
cheese shall be subject to prior authorization.                  check that the public authorities conduct.
The Commission shall lay down the conditions under               3.    Without prejudice to the penalties laid down or to
which the Member States shall issue authorizations, on           be laid down by the Member State concerned, a sum
the basis of objective criteria laid down having regard to       equal to the difference between the value of the skimmed
technical requirements.                                          milk resulting from the intervention price for
                                                                 skimmed-milk powder on the one hand and the market
                          Article 2                              price for casein and caseinates on the other hand, plus
                                                                 10 %, shall be due for quantities of casein and caseinates
For the purposes of this Regulation:                             used without authorization.
(a) 'cheese' means products falling within CN code 0406          Those values shall be ascertained in accordance with the
     and manufactured within Community territory;                procedure laid down in Article 30 of Regulation (EEC)
(b) 'casein and caseinates' means products falling within        No 804/68.
     C N c o d e 3501.
                                                                                            Article 4
                          Article 3
                                                                 The detailed rules for the application of this Regulation
1.    The Member States shall introduce administrative           shall be adopted in accordance with the procedure laid
and physical controls involving the following measures:          down in Article 30 of Regulation (EEC) No 804/68.
(a) the obligation to declare the quantities and types of
     cheese manufactured and the quantities of casein and                                   Article 5
     caseinates incorporated into the various products;
                                                                 This Regulation shall enter into force on the day of its
(b) the obligation on each undertaking to keep stock             publication in the Official Journal of the European
     accounts enabling the quantities and types of cheese        Communities.
     manufactured, the quantities of casein and caseinates
     purchased and/or manufactured and their desti-              This Regulation shall be binding in its entirety and
     nation and/or utilization to be recorded;                   directly applicable in all Member States.