Council Regulation (EEC) No 1898/87 of 2 July 1987 on the protection of designations used in marketing of milk and milk products

COUNCIL REGULATION (EEC) No 1898/87 of 2 July  1987 on the protection of designations used in marketing of milk and milk products
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  (1), Having regard to the opinion of the European Parliament  (2), Having regard to the  opinion of the Economic and Social Committee  (3), Whereas Council Regulation (EEC) No 804/68  (4),  as last amended by Regulation (EEC) No 773/87  (5), introduced the common organization of the  market in the milk products sector; Whereas the situation of the milk and milk products sector is  characterized by structural surpluses and whereas the disposal of these products should therefore  be improved by promoting their consumption; Whereas the natural composition of milk and milk  products should be protected in the interests of Community producers and consumers; Whereas  regulations which ensure appropriate labelling and prevent the consumer from being misled will help  this objective to be achieved; Whereas milk and milk products should, therefore, be defined and the  designations needing to be reserved for them should be clarified; Whereas, apart from the case of  products the exact nature of which is known through traditional usage, it is also necessary to  avoid any confusion in the mind of the consumer between milk products and other food products,  including those consisting partly of milk components; Whereas this Regulation aims at protecting  the consumer and at establishing conditions of competition between milk products and competing  products in the field of product designation, labelling and advertising which avoid any distortion;  Whereas competing products enjoy a competitive advantage in terms of production cost due to the  fact that many of them are frequently manufactured from raw materials imported at zero duty rates,  whereas milk products have a higher production cost which is dictated by the need to safeguard  agricultural producer incomes; Whereas it is essential for the Commission to follow closely  developments in the market for milk products and competing substitute products and to report back  to the Council; Whereas, pending the report from the Commission, Member States having already taken  national measures to curb the manufacture and marketing of these products on their territory must  maintain their regulations, in compliance with the general rules of the Treaty, until the end of  the fifth 12-month period of application of the supplementary levy in the milk sector,