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

( 2 ) OJ NO L 134 , 22 . 5 . 1978 , P . 4 .

( 3 ) OJ NO L 106 , 29 . 4 . 1977 , P . 27 .

( 4 ) OJ NO L 125 , 13 . 5 . 1978 , P . 32 .

( 5 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .

( 6 ) OJ NO L 130 , 18 . 5 . 1978 , P . 11 .

( 7 ) OJ NO L 131 , 26 . 5 . 1977 , P . 8 .

( 8 ) OJ NO L 134 , 22 . 5 . 1978 , P . 5 .

( 9 ) OJ NO L 177 , 16 . 7 . 1977 , P . 22 .

( 10 ) OJ NO L 134 , 22 . 5 . 1978 , P . 48 .

COMMISSION REGULATION ( EEC ) NO 1546/78

OF 4 JULY 1978

AMENDING REGULATION ( EEC ) NO 1598/77 LAYING DOWN DETAILED RULES FOR THE SALE OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOL CHILDREN

THE COMMISSION 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 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1038/78 ( 2 ),

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 878/77 OF 26 APRIL 1977 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 976/78 ( 4 ),

HAVING REGARD TO 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 ( 5 ), AS AMENDED BY REGULATION ( EEC ) NO 1001/78 ( 6 ),

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1080/77 OF 17 MAY 1977 ON THE SUPPLY OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOL CHILDREN ( 7 ), AS AMENDED BY REGULATION ( EEC ) NO 1039/78 ( 8 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,

WHEREAS , FOLLOWING THE INCLUSION OF OTHER MILK PRODUCTS IN THE PROGRAMME INTRODUCED BY REGULATION ( EEC ) NO 1080/77 , THEIR CHARACTERISTICS SHOULD BE SPECIFIED AND PROVISIONS SHOULD BE LAID DOWN TO ASSIST THE ADMINISTRATIVE APPLICATION OF THE MEASURE ; WHEREAS THE CLASSIFICATION OF THE DIFFERENT PRODUCTS BY CATEGORIES SIMPLIFIES THE CALCULATION OF THE COMMUNITY CONTRIBUTION ; WHEREAS THIS CONTRIBUTION SHOULD BE CALCULATED , IN THE CASE OF CHEESE , BY TAKING INTO ACCOUNT THE QUANTITY OF MILK USED ; WHEREAS , COMMISSION REGULATION ( EEC ) NO 1598/77 OF 15 JULY 1977 LAYING DOWN DETAILED RULES FOR THE SALE OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOL CHILDREN ( 9 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1057/78 ( 10 ), SHOULD BE AMENDED ACCORDINGLY ;

WHEREAS , AS REGARDS THE COMMUNITY CONTRIBUTION , UNDER ARTICLE 3 OF REGULATION ( EEC ) NO 1080/77 , THE MEASURE IN QUESTION HENCEFORTH CONSTITUTES ONE OF THE MEASURES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 ONLY TO AN EXTENT TO BE DETERMINED ; WHEREAS THE DECISION ON THIS MATTER MUST TAKE INTO ACCOUNT THE INFORMATION CONTAINED IN THE PROGRAMME SUBMITTED BY THE COMMISSION TO THE COUNCIL IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF REGULATION ( EEC ) NO 1079/77 , AFTER CONSULTATION WITH THE ADVISORY COMMITTEE FOR MILK AND MILK PRODUCTS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1598/77 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 2 SHALL READ :

' ARTICLE 2

1 . THE MILK PRODUCTS IN RESPECT OF WHICH THE COMMUNITY CONTRIBUTION REFERRED TO IN ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 1080/77 MAY BE GRANTED , SHALL BE THOSE LISTED BY CATEGORY IN THE ANNEX HERETO .

2 . MEMBER STATES ARE HEREBY AUTHORIZED TO LIMIT THE NUMBER OF CATEGORIES REFERRED TO IN PARAGRAPH 1 AND THE NUMBER OF PRODUCTS WITHIN EACH CATEGORY , BUT IN NO CIRCUMSTANCES MAY WHOLE MILK BE EXCLUDED .

IN THE CASE OF CATEGORIES VI 1 AND VI 2 , EACH MEMBER STATE MAY ONLY CHOOSE EITHER ONE OR OTHER OF THESE CATEGORIES .

3 . UNTIL SUCH TIME AS COMMUNITY PROVISIONS ARE ADOPTED ON THE SUBJECT , MEMBER STATES MAY FIX QUALITY STANDARDS FOR THE PRODUCTS AT THE TIME OF THEIR DISTRIBUTION .

4 . WHERE A MEMBER STATE APPLIES MAXIMUM PRICES FOR WHOLE DRINKING MILK DISTRIBUTED IN SCHOOLS , IT SHALL ALSO FIX THE MAXIMUM SELLING PRICES FOR THE SEMI-SKIMMED MILK IN CATEGORY II ( A ) AND ( B ) AND THE SKIMMED MILK IN CATEGORY III ( A ) AND ( C ). '

2 . IN ARTICLE 3 ,

( A ) THE PROVISIONS OF ARTICLE 3 BECOME ARTICLE 3 ( 1 );

( B ) THE FOLLOWING PARAGRAPHS 2 AND 3 ARE ADDED :

' 2 . THE MAXIMUM QUANTITIES REFERRED TO IN PARAGRAPH 1 SHALL BE CALCULATED , FOR THE PRODUCTS IN CATEGORIES IV , V AND VI , ON THE BASIS OF THE QUANTITIES GIVEN IN THE SECOND INDENT OF ARTICLE 4 ( 1 ) ( D ).

3 . WHERE THE MILK AND MILK PRODUCTS ARE DISTRIBUTED THROUGH A SCHOOL CANTEEN , THE TOTAL QUANTITIES OF MILK PRODUCTS ACTUALLY PURCHASED DURING THE PERIOD IN QUESTION SHALL BE TAKEN INTO ACCOUNT FOR CALCULATION OF THE FIXED-RATE CONTRIBUTION AND OBSERVANCE OF THE LIMIT FIXED IN PARAGRAPH 1 . '

3 . ARTICLE 4 SHALL READ :

' ARTICLE 4

1 . THE COMMUNITY CONTRIBUTION FOR THE 1978/79 MARKETING YEAR SHALL BE :

( A ) 13 UNITS OF ACCOUNT PER 100 KILOGRAMS OF PRODUCTS IN CATEGORY I " WHOLE MILK " ;

( B ) 7.50 UNITS OF ACCOUNT PER 100 KILOGRAMS OF PRODUCTS IN CATEGORY II " SEMI-SKIMMED MILK " ;

( C ) 3.22 UNITS OF ACCOUNT PER 100 KILOGRAMS OF PRODUCTS IN CATEGORY III " SKIMMED MILK " ;

( D ) FOR PRODUCTS IN CATEGORIES IV , V AND VI , AN AMOUNT CALCULATED PER 100 KILOGRAMS OF PRODUCT ON THE BASIS :

- OF THE FIXED AMOUNT GIVEN UNDER ( A ) FOR WHOLE MILK AND , AS APPROPRIATE ,

- 450 KILOGRAMS OF WHOLE MILK FOR CATEGORIES IV AND V , OR

- 900 KILOGRAMS OF WHOLE MILK FOR CATEGORY VI 1 OR ,

- 1 000 KILOGRAMS OF WHOLE MILK FOR CATEGORY VI 2 .

2 . IF THE COMMUNITY CONTRIBUTION EXPRESSED IN UNITS OF ACCOUNT OR IN NATIONAL CURRENCY IS CHANGED , THE FIGURE FOR THE QUANTITIES SOLD AT REDUCED PRICES DURING THE CURRENT MONTH SHALL BE THAT APPLICABLE ON THE FIRST DAY OF THAT MONTH .

3 . WHERE THE QUANTITIES OF PRODUCTS REFERRED TO IN PARAGRAPH 1 ARE EXPRESSED IN LITRES , THE LITRES SHALL BE CONVERTED INTO KILOGRAMS BY APPLYING A COEFFICIENT OF 1.0300 .

4 . THE GRANT REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 5 ) OF REGULATION ( EEC ) NO 1080/77 , TOWARDS PROVIDING SCHOOLS WITH THE EQUIPMENT NECESSARY TO STORE AND DISTRIBUTE THE MILK , MAY NOT EXCEED 50 % OF THE TOTAL FINANCIAL CONTRIBUTION BY THE PUBLIC AUTHORITY RESPONSIBLE FOR DRAWING UP AND ADMINISTERING THE PROGRAMME CONCERNED .

THIS REGULATION SHALL APPLY ONLY TO GRANTS MADE AFTER ITS ENTRY INTO FORCE BY THE AUTHORITIES OF MEMBER STATES TOWARDS PROVIDING SCHOOLS WITH EQUIPMENT FOR REFRIGERATING , REHEATING AND DISTRIBUTING THE MILK .

MOREOVER , THE GRANTS MAY NOT BE PAID UNTIL AFTER THE ACTUAL INSTALLATION OF THE EQUIPMENT CONCERNED . '

4 . THE FOLLOWING ARTICLE 4A IS INSERTED :

' ARTICLE 4A

AS REGARDS THE FINANCING OF THE COMMUNITY CONTRIBUTION , TWO-THIRDS OF THE EXPENDITURE RESULTING FROM THE MEASURE PROVIDED FOR IN THIS REGULATION SHALL CONSTITUTE , WITH EFFECT FROM 1 JUNE 1978 , ONE OF THE MEASURES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 . '

5 . THE SECOND INDENT OF ARTICLE 5 SHALL READ :

' BEFORE THE END OF THE THIRD MONTH OF EACH SCHOOL TERM , OF THE QUANTITIES OF PRODUCTS DISTRIBUTED UNDER THEIR PROGRAMME DURING THE PREVIOUS TERM . '

6 . THE ANNEX HERETO IS HEREBY ADDED .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 4 JULY 1978 .

FOR THE COMMISSION

CHRISTOPHER TUGENDHAT

MEMBER OF THE COMMISSION

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ANNEX

LIST OF PRODUCTS IN RESPECT OF WHICH THE COMMUNITY CONTRIBUTION REFERRED TO IN ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 1080/77 MAY BE MADE

CATEGORY I

( A ) UNTREATED WHOLE MILK ;

( B ) WHOLE MILK , PASTEURIZED OR UHT-TREATED ;

( C ) WHOLE MILK , CHOCOLATE-FLAVOURED , FLAVOURED , PASTEURIZED , STERILIZED , OR UHT-TREATED AND CONTAINING A MINIMUM OF 90 % BY WEIGHT OF WHOLE MILK ;

( D ) WHOLE-MILK YOGHOURT FALLING WITHIN HEADING NO 04.01 OF THE COMMON CUSTOMS TARIFF ;

( E ) SWEETENED , CHOCOLATE-FLAVOURED , OR FRUIT YOGHOURT CONTAINING A MINIMUM OF 85 % BY WEIGHT OF WHOLE MILK .

CATEGORY II

( A ) SEMI-SKIMMED MILK ;

( B ) SEMI-SKIMMED MILK , CHOCOLATE-FLAVOURED , FLAVOURED , PASTEURIZED , STERILIZED OR UHT-TREATED AND CONTAINING A MINIMUM OF 90 % BY WEIGHT OF SEMI-SKIMMED MILK ;

( C ) YOGHOURT FROM SEMI-SKIMMED MILK FALLING WITHIN HEADING NO 04.01 OF THE COMMON CUSTOMS TARIFF ;

( D ) SWEETENED , CHOCOLATE-FLAVOURED OR FRUIT YOGHOURT CONTAINING A MINIMUM OF 85 % BY WEIGHT OF SEMI-SKIMMED MILK .

CATEGORY III

( A ) SKIMMED MILK ;

( B ) BUTTERMILK ;

( C ) SKIMMED MILK , CHOCOLATE-FLAVOURED , FLAVOURED , PASTEURIZED , STERILIZED OR UHT-TREATED AND CONTAINING A MINIMUM OF 90 % BY WEIGHT OF SKIMMED MILK ;

( D ) SKIMMED-MILK YOGHOURT FALLING WITHIN HEADING NO 04.01 OF THE COMMON CUSTOMS TARIFF ;

( E ) SWEETENED , CHOCOLATE-FLAVOURED OR FRUIT YOGHOURT CONTAINING A MINIMUM OF 85 % BY WEIGHT OF PRODUCTS OBTAINED FROM SKIMMED MILK .

CATEGORY IV

FRESH CHEESE WITH A FAT CONTENT BY WEIGHT , IN THE DRY MATTER , OF 40 % OR OVER .

CATEGORY V

PROCESSED CHEESE WITH A FAT CONTENT BY WEIGHT , IN THE DRY MATTER , OF 40 % OR OVER .

CATEGORY VI 1

OTHER CHEESE WITH A FAT CONTENT BY WEIGHT , IN THE DRY MATTER , OF 40 % OR OVER BUT LESS THAN 45 % .

CATEGORY VI 2

OTHER CHEESE WITH A FAT CONTENT BY WEIGHT , IN THE DRY MATTER , OF 45 % OR OVER .