CELEX: 51975PC0576
Language: en
Date: 1975-11-12
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL amending Regulation (EEC) n° 1411/71 in respect of the fat content of full-cream milk. (submitted to the Council by the Commission)

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COM (75) 576
Vol. 1975/0218
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                   COM(75)576 final
                                                         Brussels , 12 november 1975
                                      Proposal for a
                              REGULATION (EEC ) OP THE COUNCIL .
                                             I
      amending Regulation ( EEC ) n° 1411/ 71 in respect of the fat content of
                                       full-cream milk .
                      ( submitted, to the Council by the Commission)
COK( 75 ) 576 final .
 ---pagebreak---                     EXPLANATORY  MEMORANDUM
 Article 2(2 ; of Council Regulation (EEC) No 1411/71 of 29 June 1971 ,
which sets up a common policy for the products falling within heading
No 04.01 of the Common Customs Tariff , describes the objectives which
 the Community proposes to attain , mainly Tiy :
 - fixing certain Community fat levels for the different categories ef
   drinking milk ;
 - laying down general rules concerning the quality and marketing of
   drinking milk .
 These general rules proposed "by the Commission to the Council on
 16 September 1971 and already adapted to the situation in the Community
 of Nine following long discussions at the different Council levels , may '
be considered as one of the most suitable means of eliminating the many
national measures which still constitute barriers to the free movement
 of drinking milk .           \
 The second indent of Article 3(l)(b ) of the said Regulation lays down a
minimum fat content , whether natural or obtained by the addition or
 removal of milk fat , of 3.50 %     full cream milk intended for direct
 consumption . Article 6(2 ) of that Regulation authorized Member States
 to maintain for a transitional period the provisions concerning the fat
 content of full cream milk applicable within their territories at the
 date of entry into force of the Regulation .    The final date of the period
 in question was originally set at 31 December 1973 , but was last deferred
•until 31 December 1975 ^7 Council Regulation (EEC ) NO 155^/74
 18 June 1974 .
 ---pagebreak---                                 - 2 -
3 « At the discussions an the proposals fir extending the transitional
    period , the Commission was invited to reexamine the problem as a
    whole . To that end , while excluding the possibility of a further
    deferment ef the final date , the Commission undertook a detailed
    study with a very open mind .
    An ad hoc Group , made up ef several highly qualified experts invited
    in a personal capacity , examined the different sources and a huge
    volume ef scientific and technical documentatien , and then prepared
    a report . The trade , consulted through the Advisory Committee , gave
    its reply on 13 June 1975 ( Request for Opinion No 22 ).
4 * Following this detailed examination , the Commission remains convinced
    that the fixing of a single Community fat content , whatever its level
    on this , ( see paragraph 7 lselow ), would "be the "best solution for
    achieving the free movement of full cream drinking milk "between Member
    States .  All dairies in the Member States would thus standardize their
    product on the "basis of the minimum level laid down , for obvious
    reasons of competition .    Although it mi^it appear very simple and
    clear , the system is not , however , acceptable without reservations
    following the entry into force of the Accession Treaty , since new
    factors have "been introduced .
    This applies in particular to the drinking milk market in major regions
    ©f the new Member States , the main features of which comprise s
    - very different consumer habits from those on the Continent , since
      only milk with a high fat content and without any change in its
      essential composition is appreciated "by the consumer ;
    - processing and distribution systems in which the transparent glass
      bottle is essential for assessing the cream line , while door-to -door
      delivery early each morning maintains for the consumer the image of
      a fresh and natural product and guarantees fairly stable , and even
      increasing , demand .
                                                                         • ••/• • •
 ---pagebreak---                                 - 3 -
    The Commission therefore considers that the introduction into those
    regions of a standardized full cream drinking milk, wether gradual
    or abrupt , could have an unfavourable effect on demand, particularly
    in the long term. It also entails the risk of the creation of
    further large stocks of "butter .
5. The Commission has concluded that , in the present situation, Member
    States should be allowed to choose one of two solutions . The first
    is the marketing of full cream milk with a fixed fat content ,
    obtained by standardization .
    The other solution is the marketing of a full cream milk whose
    natural fat content would not be altered by the addition or removal
    of fat , or by mixture with milk whose natural fat content has been
                     I
    altered.        j
    The designation " full cream milk" applied to the milk in question
    by virtue of Article 3(2 ) of Regulation (EEC ) No 1411/71 would be
    qualified by a term which will provide consumers with a fair
    description.
6 . Freedom of movement must be affected as least as possible in trade
    in full cream milk between Member States which have chosen the
    solution of standardized full cream milk and those who have chosen
    that of non-standardized full cream milk. For this purpose , it is
    provided that each dairy may manufacture full milk as permitted in
    the region provided for its sale to the consumer. In the light of
    experience acquired the marketing conditions for standardized full
    cream milk originating in other Member States in regions of the
    EEC where standardization is not permitted shall have to be established
    at a later moment .
 ---pagebreak---                                   - 4 -
    prevent freedom ef movement from being hindered .    On the basis of
    the information supplied en several occasions , for England and Wales
    the level in question is about 3.5 % ( a» average weighted "by the
    months in which the milk has a lower fat content ) and this would
    constitute a fair solution for the United Kingdom .    Ireland appears
    to have obtained the same result *
7 » As regards the fixing of the fat content of standardized full cream
    milk, it is a matter of finding a reasonable "balance between two
    fundamental requirements .   On the one hand , the existence of a
    Community surplus requires that all possible outlets should be sought
    for the disposal of butter fats , including full cream milk .   On the
    other hand , any major increase in fat content would be followed by an
    inevitable increase in the consumer price , and , above a certain price
     level , a gradual move towards semi-skimmed milk . However , within the
     range of fat content of full-cream milk at issue , the effects upon
    nutritional value , digestibility , taste and aroma are imperceptible ,
     •r at least completely insignificant .   What is much more important is
     the effect of external factors which are likely to falsify the
     consumer 's view of these problems .
8 * Having taken into account the present range of fat content of full cream
     drinking milk in the Member States , and having carefully assessed the
     fairly limited effect of these differences upon consumer prices , the
     Commission considers that a content of 3.5 $ is a fair solution . A fat
     content fairly close to that of the natural product could thus be
    guaranteed , without , on the one hand , causing too great an increase in
    butter stocks and without , on the other , jeopardizing demand by an
     excessive price increase .
9 * For the reasons set out above , in order to set up a Community policy
    which will encourage demand for drinking milk      and
    freedom of movement , the Commission considers it necessary to invite
    the Council to adopt the attached regulation .
    For the same reasons , it also urges the Council to adopt at the same
    time the regulation proposed to the Council on 16 September 1971
    containing general rules relating to the quality and marketing of
    drinking milk .
 ---pagebreak---      ?     ;                     Proposal for a
                     HECKJLÍTI05 (EBC) No     . /75 07 THS CO02TCIL
                                         of
     mmsMns Esgulatisn (EEC) He 1411/71 in respect of the fat content ef
                                   fttll-crasa Bilk
     f^3 COUNCIL OP &B EDHOPEAS CCMUMTIES ,
    Esri»£ regard to the ?r«aty establishing the European Eceneaio Cesmranity,
     CS& la psrfJietsl&r Arliclos 42 and 43 thoresf j
  , KSMt&g' rag&rd t® ih® proposal fr©a the CcBaiesion |
    W®rt&& Bd@®pd to the Opinion ef the European Parliament j
    t^&vsas according to the second indent of Articla 3(1 ) ("b) end Article 6(l )
* ef C^aacil lagolfttien (ESC) Ho 141l/7^of 29               1971 laying down additional
    raids ©a tb# es®xsa erggaisation of the markat in silk and silk pre ducts
         p2-e£aei« falling within tariff heading Ho 04 *01 f aa last asendod ty
    Ea^alatisn (ESC) So 1556/74^ t only milk with a fat oentent «f at least
    )«5 $ shall Va sold in the Cossanity as fall c roost drinking Bilk j whereas
                                             «  -  '
    gas*®as23t to Article 6(2) of that Regulation KoaVar States osy aaintain
    tz&til 31 Be ©Maker 1975 tho provisions applicable within their territories
    Ct t&e date of entry into fores of the said regulation f
    1&*reas csrisin new tEssber States have encountered difficalties in
    Introducing on their territories provisions laid down before their accession
    t* tke Cesss&ity since processing and distribution aetheds are different
    tad oe&fftsaers are unaccustomed to the purchase of standardised fall oreaa
    tilk | whereas the system applied in these oeuntrios on the whole ensures
    t&at the fat content ef fall oreaa Bilk sold to conetoaers is equal to that
    leid dotm a&d ev&n exceeds it t
    II ) OJ ë» L 143 of 3 » 7.1971 , p . 4
     (g) ÖJ Be L 167 «f 22. 6.1974, P. 3
                                                                                 •••/•••
 ---pagebreak---                                  - 2 -
whereas , therefore , the provisions designed for the Community as a
whole should not "be imposed on the Member States in question as long
as trade "between Member States is as least as possible impeded ;
whereas the system established should be reviewed, within a certain time–limit ,
particularly with a view to establish the conditions under which standardized milk
originating from other Member States may be marketed on the territory of the Member
States having chosen the solution of non-standardized full cream milk;
HAS ADOPTED THIS REGULATION :
                                Article 1
With effect from 1 January 1976 , the second indent of Article 3(l)(b) of
Regulation (EEC) No 1411/71 is replaced by the following :
" full-cream milk ! milk which has been subject to at least one heat
  treatment or aa authorized treatment of equivalent effect by a milk
  processor , and with respect te fat content meets one of the following
  requirements :                                                                   !"
  Standardized full cream milk :
 Milk with a fat content of at least 3»5<$*
 Non-standardized full cream milk :
 Milk with a fat content that has not been altered since the milking stage neither
 "by the addition or separation of milk fats nor by mixture with milk
 the natural fat content of which has been altered ."
                                 Article 2
With effect from 1 January 197& » paragraph 4 of Article 3 of Regulation
(EEC ) No 1411/71 is replaced by the following paragraphs 4 to 7 1
"4 * Notwithstanding the provisions of the second indent of paragraph l(b )
     with regard to the fat content laid down for non-standardized full cream
     milk, if the fat content laid down for drinking milk is not present
     naturally , it may be obtained only by adding or separating milk or cream
     or by adding skimmed or semi-skimmed milk . No other alteration in the
     composition of drinking milk shall be authorized*
                                                                      • ••/•••
 ---pagebreak---                                        - 3 -
 5 » With regard, to full cream milk , Member States shall apply on their territories
      taking effeot from 1 January I976 one of the two fermular set forth
      in the second indent - of paragraph 1(b ). They shall inform the Commission
      of the formula selected for application in their territory "before that
      date •
 6 . A Member State that opts for the formula of non-standardized
      full cream milk shall not prohibit , without prejudice to requirements for
      the protection of public health :
                     /
      ( a; the preparation on its territory of standardized full cream milk for
           sale on the territory of another Member State that has opted for that
           formula ;                        /
      (b) the marketing on its territory of non standardized full cream milk
           originating from another Member State that complies with the conditions
           ill question set forth in the second indent of paragraph l(b );
7 . Before 1 January 19?8 » the Commission shall report to the European Parliament
     and the Council on the conditions of application of paragraphs 5 and 6 above
     and propose in particular the conditions under which , from 1 January 178 , the
     standardized milk originating from other Member States may be marketed on the
     territory of the Member States specified in paragraph 6 ."
                                       Article 3
With effect from 1 January 1976, in Article 6 ©f Regulation (EEC ) No 1411/71 *
- the provisions set forth in paragraph 2 is deleted and the present paragraph la
     "becomes paragraph 2 }
- the words " full cream milk" wherever they appear in paragraph 3 are replaced
    by the words " standardized full cream milk".
                                                                    • • •/• • •
 ---pagebreak---                            - 4 -
                         Article 4
This Regulation shall enter into force on the third, day following
its publication in the Offioial Journal of the European Communities .
    This Regulation shali be binding in its entirety and directly
    applicable in all Member States .
Done at Brussels ,                            For the Council ,
           \