Council Regulation (EEC) No 3117/90 of 15 October 1990 amending Regulation (EEC) No 804/68 on the Common Organization of the market in milk and milk products

COUNCIL REGULATION (EEC) No 3117/90 of 15 October 1990 amending Regulation (EEC) No 804/68 on the common organization of the market in 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),
Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3), as last amended by Regulation (EEC) No 3116/90 (4), subdivides flavoured yoghurt into products in powder and  products other than in powder; whereas Regulation (EEC) No 804/68 (5), as last amended by Regulation (EEC) No 3879/89 (6), does not lay down such a subdivision for non-flavoured yoghurt; whereas Article  1 of Regulation (EEC) No 804/68 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 the light of experience, it appears that the aim of 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 said Article should be amended accordingly;
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,