Council Regulation (EEC) No 1039/78 of 22 May 1978 amending Regulation (EEC) No 1080/77 on the supply of milk and certain milk products at reduced prices to schoolchildren
1039/78 • 31978R1039
Legal Acts - Regulations
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Council Regulation (EEC) No 1039/78 of 22 May 1978 amending Regulation (EEC) No 1080/77 on the supply of milk and certain milk products at reduced prices to schoolchildren Official Journal L 134 , 22/05/1978 P. 0005 - 0006 Greek special edition: Chapter 03 Volume 21 P. 0059
**** ( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 . ( 2 ) SEE PAGE 4 OF THIS OFFICIAL JOURNAL . ( 3 ) OJ NO L 131 , 26 . 5 . 1977 , P . 8 . ( 4 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 . ( 5 ) OJ NO L 130 , 18 . 5 . 1978 , P . 11 . COUNCIL REGULATION ( EEC ) NO 1039/78 OF 22 MAY 1978 AMENDING REGULATION ( EEC ) NO 1080/77 ON THE SUPPLY OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOLCHILDREN THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1978 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1038/78 ( 2 ), AND IN PARTICULAR THE SECOND PARAGRAPH OF ARTICLE 26 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHEREAS , PURSUANT TO ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 1080/77 OF 17 MAY 1977 ON THE SUPPLY OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOLCHILDREN ( 3 ), THIS MEASURE IS DEEMED , AS REGARDS THE FINANCING OF THE COMMUNITY CONTRIBUTION , TO BE ONE OF THE MEASURES REFERRED TO IN ARTICLE 4 OF COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1001/78 ( 5 ); WHEREAS , TO MAKE THE MEASURE IN QUESTION MORE EFFECTIVE , IT APPEARS ADVISABLE TO INCREASE THE ABOVEMENTIONED COMMUNITY CONTRIBUTION BY INCLUDING ONLY PART OF THE SAID CONTRIBUTION UNDER THE ABOVE-MENTIONED MEASURES ; WHEREAS ARTICLE 2 ( 3 ) OF REGULATION ( EEC ) NO 1080/77 SETS OUT THE LIST OF MILK PRODUCTS WHICH , IN PRINCIPLE , MAY BENEFIT FROM THE COMMUNITY CONTRIBUTION ; WHEREAS IT IS DEEMED ADVISABLE , FOR THE ABOVEMENTIONED REASONS , TO EXTEND THIS LIST BY DEFINING THE METHOD OF CALCULATING THE COMMUNITY CONTRIBUTION FOR THE PRODUCTS CONCERNED , HAS ADOPTED THIS REGULATION : ARTICLE 1 REGULATION ( EEC ) NO 1080/77 IS AMENDED AS FOLLOWS : 1 . ARTICLE 1 ( 2 ) SHALL BE REPLACED BY THE FOLLOWING : ' 2 . IN THE CASE OF WHOLE MILK THE COMMUNITY CONTRIBUTION SHALL BE 13 UNITS OF ACCOUNT PER 100 KILOGRAMS . THE CONTRIBUTION FOR OTHER MILK PRODUCTS SHALL , IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 : ( A ) BE ESTABLISHED IN SUCH A WAY AS TO MAKE UP THE DIFFERENCE BETWEEN THE TARGET PRICE FOR WHOLE MILK AND THE PRICE DERIVED FROM THIS TARGET PRICE FOR SEMI-SKIMMED OR SKIMMED MILK , WHERE THE LATTER CATEGORIES ARE CONCERNED ; ( B ) BE ESTABLISHED AT A LEVEL CORRESPONDING TO THE CONTRIBUTION VALID FOR THE QUANTITY OF WHOLE MILK USED , WHERE PRODUCTS MANUFACTURED FROM WHOLE MILK ARE CONCERNED ; ( C ) BE ESTABLISHED AT A LEVEL CORRESPONDING TO THE CONTRIBUTION VALID FOR THE QUANTITY OF SEMI-SKIMMED OR SKIMMED MILK USED , WHERE PRODUCTS MANUFACTURED FROM SEMI-SKIMMED OR SKIMMED MILK ARE CONCERNED ' . 2 . ARTICLE 2 ( 3 ) SHALL BE REPLACED BY THE FOLLOWING : ' 3 . THE COMMUNITY CONTRIBUTION REFERRED TO IN ARTICLE 1 ( 2 ) SHALL RELATE ONLY TO : ( A ) WHOLE MILK WHICH HAS BEEN PASTEURIZED OR SUBJECTED TO A UHT PROCESS ; ( B ) CHOCOLATE-FLAVOURED WHOLE MILK WHICH HAS BEEN PASTEURIZED OR SUBJECTED TO A UHT PROCESS OR STERILIZED ; AND ( C ) YOGHOURT FALLING WITHIN HEADING NO 04.01 OF THE COMMON CUSTOMS TARIFF . HOWEVER , IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 , THE FOLLOWING MAY BE INCLUDED IN THE LIST OF PRODUCTS DISTRIBUTED : ( A ) RAW MILK ; ( B ) SEMI-SKIMMED MILK , WHETHER OR NOT STERILIZED ; ( C ) SEMI-SKIMMED MILK WITH CHOCOLATE OR OTHER FLAVOURING , WHETHER OR NOT STERILIZED ; ( D ) SKIMMED MILK , WHETHER OR NOT STERILIZED ; ( E ) SKIMMED MILK WITH CHOCOLATE OR OTHER FLAVOURING , WHETHER OR NOT STERILIZED ; ( F ) BUTTERMILK ; ( G ) YOGHOURT CONTAINING SUGAR , COCOA OR FRUIT , THESE PRODUCTS BEING UP TO A MAXIMUM PROPORTION TO BE DETERMINED ; ( H ) CHEESE . OTHER REQUIREMENTS , PARTICULARLY CONCERNING QUALITY , AND DEROGATIONS RELATING TO THE TREATMENT OF THE MILK MAY BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 . ' 3 . IN THE FIRST SUBPARAGRAPH OF ARTICLE 2 ( 5 ), ' 50 % ' IS AMENDED TO READ ' 33 % ' . 4 . ARTICLE 3 SHALL BE REPLACED BY THE FOLLOWING : ' ARTICLE 3 AS REGARDS THE COMMUNITY CONTRIBUTION , THIS MEASURE SHALL , IN A PROPORTION TO BE DETERMINED , IN ACCORDANCE WITH ARTICLE 4 OF THIS REGULATION , BE ONE OF THOSE LAID DOWN IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 ' . ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON 22 MAY 1978 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 22 MAY 1978 . FOR THE COUNCIL THE PRESIDENT K . HEINESEN
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( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .
( 2 ) SEE PAGE 4 OF THIS OFFICIAL JOURNAL .
( 3 ) OJ NO L 131 , 26 . 5 . 1977 , P . 8 .
( 4 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .
( 5 ) OJ NO L 130 , 18 . 5 . 1978 , P . 11 .
COUNCIL REGULATION ( EEC ) NO 1039/78
OF 22 MAY 1978
AMENDING REGULATION ( EEC ) NO 1080/77 ON THE SUPPLY OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOLCHILDREN
THE COUNCIL OF THE EUROPEAN
COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1978 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1038/78 ( 2 ), AND IN PARTICULAR THE SECOND PARAGRAPH OF ARTICLE 26 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
WHEREAS , PURSUANT TO ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 1080/77 OF 17 MAY 1977 ON THE SUPPLY OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOLCHILDREN ( 3 ), THIS MEASURE IS DEEMED , AS REGARDS THE FINANCING OF THE COMMUNITY CONTRIBUTION , TO BE ONE OF THE MEASURES REFERRED TO IN ARTICLE 4 OF COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1001/78 ( 5 );
WHEREAS , TO MAKE THE MEASURE IN QUESTION MORE EFFECTIVE , IT APPEARS ADVISABLE TO INCREASE THE ABOVEMENTIONED COMMUNITY CONTRIBUTION BY INCLUDING ONLY PART OF THE SAID CONTRIBUTION UNDER THE ABOVE-MENTIONED MEASURES ;
WHEREAS ARTICLE 2 ( 3 ) OF REGULATION ( EEC ) NO 1080/77 SETS OUT THE LIST OF MILK PRODUCTS WHICH , IN PRINCIPLE , MAY BENEFIT FROM THE COMMUNITY CONTRIBUTION ; WHEREAS IT IS DEEMED ADVISABLE , FOR THE ABOVEMENTIONED REASONS , TO EXTEND THIS LIST BY DEFINING THE METHOD OF CALCULATING THE COMMUNITY CONTRIBUTION FOR THE PRODUCTS CONCERNED ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
REGULATION ( EEC ) NO 1080/77 IS AMENDED AS FOLLOWS :
1 . ARTICLE 1 ( 2 ) SHALL BE REPLACED BY THE FOLLOWING :
' 2 . IN THE CASE OF WHOLE MILK THE COMMUNITY CONTRIBUTION SHALL BE 13 UNITS OF ACCOUNT PER 100 KILOGRAMS .
THE CONTRIBUTION FOR OTHER MILK PRODUCTS SHALL , IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 :
( A ) BE ESTABLISHED IN SUCH A WAY AS TO MAKE UP THE DIFFERENCE BETWEEN THE TARGET PRICE FOR WHOLE MILK AND THE PRICE DERIVED FROM THIS TARGET PRICE FOR SEMI-SKIMMED OR SKIMMED MILK , WHERE THE LATTER CATEGORIES ARE CONCERNED ;
( B ) BE ESTABLISHED AT A LEVEL CORRESPONDING TO THE CONTRIBUTION VALID FOR THE QUANTITY OF WHOLE MILK USED , WHERE PRODUCTS MANUFACTURED FROM WHOLE MILK ARE CONCERNED ;
( C ) BE ESTABLISHED AT A LEVEL CORRESPONDING TO THE CONTRIBUTION VALID FOR THE QUANTITY OF SEMI-SKIMMED OR SKIMMED MILK USED , WHERE PRODUCTS MANUFACTURED FROM SEMI-SKIMMED OR SKIMMED MILK ARE CONCERNED ' .
2 . ARTICLE 2 ( 3 ) SHALL BE REPLACED BY THE FOLLOWING :
' 3 . THE COMMUNITY CONTRIBUTION REFERRED TO IN ARTICLE 1 ( 2 ) SHALL RELATE ONLY TO :
( A ) WHOLE MILK WHICH HAS BEEN PASTEURIZED OR SUBJECTED TO A UHT PROCESS ;
( B ) CHOCOLATE-FLAVOURED WHOLE MILK WHICH HAS BEEN PASTEURIZED OR SUBJECTED TO A UHT PROCESS OR STERILIZED ; AND
( C ) YOGHOURT FALLING WITHIN HEADING NO 04.01 OF THE COMMON CUSTOMS TARIFF .
HOWEVER , IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 , THE FOLLOWING MAY BE INCLUDED IN THE LIST OF PRODUCTS DISTRIBUTED :
( A ) RAW MILK ;
( B ) SEMI-SKIMMED MILK , WHETHER OR NOT STERILIZED ;
( C ) SEMI-SKIMMED MILK WITH CHOCOLATE OR OTHER FLAVOURING , WHETHER OR NOT STERILIZED ;
( D ) SKIMMED MILK , WHETHER OR NOT STERILIZED ;
( E ) SKIMMED MILK WITH CHOCOLATE OR OTHER FLAVOURING , WHETHER OR NOT STERILIZED ;
( F ) BUTTERMILK ;
( G ) YOGHOURT CONTAINING SUGAR , COCOA OR FRUIT , THESE PRODUCTS BEING UP TO A MAXIMUM PROPORTION TO BE DETERMINED ;
( H ) CHEESE .
OTHER REQUIREMENTS , PARTICULARLY CONCERNING QUALITY , AND DEROGATIONS RELATING TO THE TREATMENT OF THE MILK MAY BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 . '
3 . IN THE FIRST SUBPARAGRAPH OF ARTICLE 2 ( 5 ), ' 50 % ' IS AMENDED TO READ ' 33 % ' .
4 . ARTICLE 3 SHALL BE REPLACED BY THE FOLLOWING :
' ARTICLE 3
AS REGARDS THE COMMUNITY CONTRIBUTION , THIS MEASURE SHALL , IN A PROPORTION TO BE DETERMINED , IN ACCORDANCE WITH ARTICLE 4 OF THIS REGULATION , BE ONE OF THOSE LAID DOWN IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 ' .
ARTICLE 2
THIS REGULATION SHALL ENTER INTO FORCE ON 22 MAY 1978 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 22 MAY 1978 .
FOR THE COUNCIL
THE PRESIDENT
K . HEINESEN