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( 1 ) OJ NO C 85 , 10 . 4 . 1978 , P . 31 .

( 2 ) OJ NO C 101 , 26 . 4 . 1978 , P . 10 .

( 3 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 4 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

COUNCIL REGULATION ( EEC ) NO 1038/78

OF 22 MAY 1978

AMENDING REGULATION ( EEC ) NO 804/68 CONCERNING AID FOR THE SUPPLY OF MILK PRODUCTS TO SCHOOLCHILDREN

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 ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS , PURSUANT TO ARTICLE 26 OF COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1037/78 ( 4 ), THE MEMBER STATES MAY GRANT AID FOR THE SUPPLY TO SCHOOLCHILDREN OF PROCESSED MILK PRODUCTS FALLING WITHIN HEADING NO 04.01 OR 22.02 OF THE COMMON CUSTOMS TARIFF ; WHEREAS A COMMUNITY CONTRIBUTION TO THE FINANCING OF SUCH PROGRAMMES MAY BE DECIDED ;

WHEREAS , IN THE LIGHT OF EXPERIENCE ACQUIRED IN APPLYING THESE PROVISIONS AND IN ORDER TO PROMOTE FURTHER THE CONSUMPTION OF MILK PRODUCTS BY YOUNG PERSONS , THE LIST OF MILK PRODUCTS WHICH MAY BE SUPPLIED AT A REDUCED PRICE TO SCHOOLCHILDREN SHOULD BE EXTENDED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FIRST PARAGRAPH OF ARTICLE 26 OF REGULATION ( EEC ) NO 804/68 SHALL BE REPLACED BY THE FOLLOWING :

' ARTICLE 26

MEMBER STATES MAY GRANT NATIONAL AIDS TO PROVIDE SCHOOLCHILDREN WITH MILK PRODUCTS FALLING WITHIN HEADING NO 04.01 OR 04.04 OR SUBHEADING 22.02 B , OR YOGHOURT FALLING WITHIN SUBHEADINGS 04.02 B , 18.06 D AND 21.07 D OF THE COMMON CUSTOMS TARIFF . '

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