CELEX: 51987PC0513(01)
Language: en
Date: 1987-10-22
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

21. 12. 87                              Official Journal of the European Communities                                    No C 344/1
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
               Proposal for a Council Regulation amending Regulation (EEC) No 804/68 on the common
                                     organization of the market in milk and milk products
                                                       COM(87) 513 final
                             (Submitted by the Commission to the Council on 9 November               1987)
                                                         (87/C 344/01)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           the terms of the combined nomenclature based on the
                                                                   harmonized system;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 42 and 43           Whereas numerous Regulations in the milk and milk
thereof,                                                           products sector must be adapted in the light of the new
                                                                   nomenclature; whereas, under Article 15 of Regulation
Having regard to the proposal from the Commission,                 (EEC) No 2658/87, the changes made may be of a technical
                                                                   nature only; whereas, accordingly, a provision should be
Having regard to the opinion of the Economic and Social            introduced whereby all other adjustments to Council or
Committee,                                                         Commission Regulations on the common organization of
                                                                   procedure laid down in Article 30 of Regulation (EEC)
                                                                   No 804/68, provided that such adjustments are required
In cooperation with the European Parliament,                       solely as a result of the introduction of the harmonized
                                                                   system,
Whereas the Community is a contracting party to the
International Convention on the Harmonized Commodity
Description and Coding System, hereinafter referred to as
                                                                   HAS ADOPTED THIS REGULATION:
'the harmonized system', which replaces the Convention of
15 December 1950 on Nomenclature for the Classification
of Goods in Customs Tariffs;
                                                                                                   Article 1
Whereas, from 1 January 1988, there is established by
Council Regulation (EEC) No 2658 (l) a combined goods
nomenclature based on the harmonized system which will
meet the requirements both of the Common Customs                   Regulation (EEC) No 804/68 is hereby amended as
Tariff and of the external trade statistics of the Com-            follows:
munity ;
Whereas, as a consequence, it is necessary to express the
descriptions of goods and tariff heading numbers which
appear in Council Regulation (EEC) No 804/68 (2), as last          1. Article 1 is replaced by the following:
amended by Regulation (EEC) No 773/87 (3), according to
                                                                       'Article 1
(!) OJ No L 256, 7. 9. 1987, p. 1.
(2) OJ No L 148, 28. 6. 1968, p. 13.                                   T h e c o m m o n organization of the m a r k e t in milk a n d
(3) OJ No L 78, 20. 3. 1987, p. 1.                                     milk p r o d u c t s shall cover the following p r o d u c t s :
 ---pagebreak--- No C 344/2                              Official Journal of the European Communities                                       21. 12. 87
                       CN code                                                Description
              (a)    0401                Milk and cream, neither concentrated nor containing added sugar or other
                                         sweetening matter
              (b)    0402                Milk and cream, concentrated or containing added sugar «or other sweetening
                                         matter
              (c)    0403 10 11-^39      Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or
                     0403 90 1 1 - * 69  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
              (d)    0404                Whey, whether or not concentrated or containing added sugar or other
                                         sweetening matter; products consisting of natural milk constituents, whether or
                                         not containing added sugar or other sweetening matter, not elsewhere specified or
                                          included
              (e)    0405 00             Butter and other fats and oils derived from milk
              (f)    0406                 Cheese and curd
              (g)    1702 10 90          Lactose and lactose syrup, not containing added flavouring or colouring matter,
                                          and containing, in the dry state, less than 99 % by weight of the pure product
              (h)    2106 90 51          Flavoured or coloured lactose syrup
              (j) ex 2309                Preparations of a kind used in animal feeding:
                                         — Preparations and feedingstuffs containing products to which this Regulation
                                              applies, directly or by virtue of Regulation (EEC) No 2730/75 ( J ), except
                                              preparations and feedingstuffs to which Regulation (EEC) No 2727/75 (2)
                                              applies.
              (!) Oj No L 281, 1.11.1975, p. 20.
              (2) OJ No L 281, 1.11.1975, p. 1.
2. Article 4 is replaced by the following:                                  acting in accordance with the voting procedure laid
                                                                            down in Article 43 (2) of the Treaty on a proposal from
   'Article 4
                                                                            the Commission.
   The Council acting in accordance with the voting
   procedure laid down in Article 43 (2) of the Treaty on a                 The issue of such licences shall be conditional on the
   proposal from the Commission, shall fix each year for                    lodging of a deposit guaranteeing that exportation is
   the following milk year Community threshold prices for                   effected during the period of validity of the licence: the
   certain of the products listed in Article 1, hereinafter                 deposit shall be forfeited in whole or in part if the
   called "pilot products". The threshold prices shall be                   transaction is not effected, or is only partially effected,
   fixed so that, account being taken of the protection                     within that period.'
   required for the Community processing industry, the
   prices of imported milk products shall correspond to the             4. Article 17 (1) is replaced by the following:
   level of the target price for milk.'
                                                                            ' 1 . To the extent necessary to enable the products
3. Article 13 (2) is replaced by the following:                             listed in Article 1 to be exported either in the unaltered
                                                                            state or in the form of goods listed in the Annex in the
   '2. Member States may issue a licence to any applicant                   case of products listed in Article 1 (a), (b), (c), (d), (e)
   irrespective of the place of his establishment in the                    and (g), on the basis of the prices for those products in
   Community.                                                               international trade, the difference between those prices
   The licence shall be valid for a transaction carried out in              and prices in the Community may be covered by an
   the Community from a date to be fixed by the Council,                    export refund.'
 ---pagebreak--- 21. 12. 87                              Official Journal of the European Communities                                            No C 344/3
5. The final subparagraph of Article 17 (2) is replaced by                   — shall be granted so as to permit the free distribution
   the following:                                                                 of the products referred to in paragraph 1.
   'The refund may be fixed by tender for skimmed-milk                       — may also be granted for the free distribution of
   powder falling within subheading 0402 10 19 of the                             products falling within heading 0405 00 of the
   combined nomenclature exported in bulk and for butter                          combined nomenclature.'
   falling within heading No 0405 00 exported in bulk.'
                                                                         8. The Annex is replaced by the Annex to this Regulation.
6. Article 26 (1) is replaced by the following:
                                                                                                      Article 2
   ' 1. Subject to the conditions laid down in paragraphs 3
   and 4, Community aid shall be granted for supplying to                The Commission, in accordance with the procedure
   pupils in educational establishments certain processed                provided for in Article 30 of Regulation (EEC) No 804/68,
   milk products falling within heading Nos 0401 and 0403                shall make the necessary adaptations to Council or
   and subheading 0404 90 and heading 0406 or subhead-                   Commission acts concerning the common organization of
   ing 2202 90.'                                                         the market in milk and milk products which result from the
                                                                         application of Article 1.
7. The following paragraph is added to Article 26:                                                    Article 3
                                                                         This Regulation shall enter into force on the third day
   '5. Paragraphs 1 to 4 may be applied, through the
                                                                         following its publication in the Official Journal of the
   agency of charitable organizations — recognized by the
                                                                         European Communities.
   member State concerned or, if no recognition has been
   granted in that Member State to such organizations, by                Article 1 shall apply from 1 January 1988.
   the Commission — to those persons most in need.
                                                                         This Regulation shall be binding in its entirety and directly
   In such cases, the aid                                                applicable in all Member States.
                                                                ANNEX
                                                                'ANNEX
                       CN code                                                Description
                     0403 10 5 1 - • 99  Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or
                     0403 90 71-+99      acidified milk and cream, whether or not concentrated or containing added sugar
                                         or other sweetening matter, flavoured or containing added fruit or cocoa
                     1517               Margarine; edible mixtures or preparations of animal or vegetable fats or oils or
                                         fractions of different fats or oils of this Chapter, other than edible fats or oils or
                                        their fractions of heading No 1516:
                 ex 1517 10             — Margarine, excluding liquid margarine:
                     1517 10 10                  Containing more than 10 % but not more than 15 % by weight of milk
                                                 fats
                 ex 1517 90             — Other:
                     1517 90 10                  Containing more than 10 % but not more than 15 % by weight of milk
                                                 fats
                 ex 1702 10             — Lactose and lactose syrup:
                     1702 10 10                  Containing in the dry state, 99 % or more by weight of the pure product
                     1704               Sugar confectionery (including white chocolate), not containing cocoa:
 ---pagebreak--- No C 344/4               Official Journal of the European Communities                                        21. 12. 87
               CN code                                        Description
           ex 1704 90     — Other, excluding liquorice extract containing more than 10 % by weight of
                              sucrose but not containing other added substances of subheading 1704 90 10
           ex 1806        Chocolate and other food preparations containing cocoa, excluding cocoa
                          powder sweetened solely by the addition of sucrose of subheading 1806 10
           ex 1901        Malt extract; food preparations of flour, meal, starch or malt extract, not
                          containing cocoa powder in a proportion by weight of less than 50 %, not
                          elsewhere specified or included; food preparations of goods of heading Nos 0401
                          to 0404, not containing cocoa powder or containing cocoa powder in a
                          proportion by weight of less than. 10 %, not elsewhere specified or included:
              1901 10 00  — Preparations for infant use, put up for retail sale
              1901 20 00  — Mixes and doughs for the preparations of bakers' wares of heading No 1905
           ex 1901 90     — Other than malt extract of subheading 1901 90 10
           ex 1902        Pasta, whether or not cooked or stuffed (with meat or other substances) or
                          otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi,
                          ravioli, cannelloni; couscous, whether or not prepared:
              1902 20     — Stuffed pasta, whether or not cooked or otherwise prepared:
                                  Other:
              1902 20 91              Cooked
              1902 20 99              Other
              1902 30     — Other pasta
              1902 40     — Couscous:
              1902 40 90          Other
           ex 1904        Prepared foods obtained by the swelling or roasting of cereal products (for
                          example, corn flakes) containing cocoa; cereals, other than maize (corn), in grain
                          form, pre-cooked or otherwise prepared
           ex 1905        Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing
                          cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical
                          use, sealing wafers, rice paper and similar products:
              1905 20     — Gingerbread and the like
              1905 30     — Sweet biscuits; waffles and wafers
              1905 40 00  — Rusks, toasted bread and similar toasted products
              1905 90     — Other:
                                  Other:
              1905 90 40              Waffles and wafers with a water content exceeding 10 % by weight
              1905 90 50              Biscuits; extruded or expanded products, savoury or salted
                                      Other:
              1905 90 60                  With added sweetening matter
              1905 90 90                  Other
           ex 2004        Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
                          frozen:
              2004 10     — Potatoes:
                                  Other:
              2004 10 91              In the form of flour, meal or flakes
           ex 2005        Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
                          not frozen:
              2005 20     — Potatoes:
              2005 20 10              In the form of flour, meal or flakes
 ---pagebreak--- 21. 12. 87               Official Journal of the European Communities                                      No C 344/5
                CN code                                      Description
           ex 2008        Fruit, nuts and other edible parts of plants, otherwise prepared or preserved,
                          whether or not containing added sugar or other sweetening matter or spirits not
                          elsewhere specified or included:
                          — Nuts, groundnuts and other seeds, whether or not mixed together:
              2008 11             Ground-nuts:
              2008 11 10             Peanut butter
           ex 2101 10     Preparations with a basis of coffee
           ex 2101 20     Preparations with a basis of tea or mate
              2105 00     Ice cream and other edible ice, whether or not containing cocoa
           ex 2106        Food preparations not elsewhere specified or included, excluding flavoured or
                          coloured sugar syrups falling under subheadings 2106 90 30, 2106 90 51,
                          2106 90 55 and 2106 90 59
              2202        Waters, including mineral waters and aerated waters, containing added sugar or
                          other sweetening matter or flavoured, and other non-alcoholic beverages, not
                          including fruit and vegetable juices of heading No 2009:
           ex 2202 90     — Other:
                                  Other, containing by weight of fat obtained from the products of heading
                                  No 0401 to 0404:
              2202 90 91             Less than 0,2 %
              2202 90 95             0,2 % or more but less, than 2 %
              2202 90 99             2 % or more
              2208        Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 %
                          vol; spirits, liqueurs and other spirituous beverages; compound alcoholic
                          preparations of a kind used for the manufacture of beverages:
           ex 2208 90     — Other:
                                  Other spirituous beverages in containers holding:
                                     Two litres or less:
              2208 90 55                 Liqueurs
              2208 90 59                 Other spirituous beverages
                                     More than two litres:
              2208 90 79                 Liqueurs and other spirituous beverage
              3501        Casein, caseinates and other casein derivatives; casein glues
           ex 3502        Albumins, albuminates and other albumin derivates:
              3502 90     — Other:
                                 Albumins, other than egg albumins:
                                     Other:
                                         Milk albumin (lactalbumin):
              3502 90 51                    Dried (for example, in sheets, scales, flakes, powder)
              3502 90 59                     Other'