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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