PURPOSE: the amendment of Council Regulation (EC) No 2597/97 in order to simplify certain rules.

LEGISLATIVE ACT: Council Regulation (EC) No 1153/2007 amending Regulation (EC) No 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk

BACKGROUND: this proposal was presented as a package, alongside two other, related proposals on the dairy sector. The other two proposals adopted alongside this one concern amendments to:

Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption. See CNS/2007/0025 Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products. See CNS/2007/0026 .

C urrent legislation states that only three categories of drinking milk may be produced and marketed in the EU namely: skimmed milk (0.5% fat or less); semi-skimmed milk (1.5% and 1.8% fat) and whole milk (3.5% fat or more).

However, a large number of derogations to the above exist. These derogations will expire in 2009.

CONTENT: the purpose of this Regulation, therefore, is to amend Council Regulation (EC) No 2597/1997 on the dairy sector in order to liberate the drinking milk market by allowing the production and marketing of milk with fat contents outside the three established categories. In essence the amendment states that heat treated milk shall be considered drinking milk provided that the fat content is clearly indicated with one decimal and easily readable on the packaging in the form of “… % fat”. However, such milk cannot be described as whole milk, semi-skimmed milk or skimmed milk.

ENTRY INTO FORCE: 7 October 2007.

APPLY: 1 January 2008.

The European Parliament adopted a resolution drafted by Elisabeth JEGGLE (EPP, ED, DE), and made some amendments the proposal to amend Regulation (EC) No 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk:

- the milk fat content percentage should be clearly indicated on the packaging directly next to the product description;

- the proposed margins of tolerance for stating fat content (+/- 0.2%) should be deleted.

It should be noted that, to simplify the common market organisation (CMO) in milk and milk products, the Commission proposed three sets of amendments to current legislation. This proposal is closely related to the proposal on amending Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption ( CNS/2007/0025 ) and the proposal amending Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products ( CNS/2007/0026. )

The Committee on Agriculture and Rural Development adopted unanimously the consultation report by Elisabeth JEGGLE (EPP-ED, DE) and made several amendments to the proposal to amend Regulation (EC) No 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk.

Council Regulation (EC) No 2597/97 currently recognises only three categories of drinking milk that can be produced and marketed in the Community. These are skimmed milk (maximum 0.5% fat), semi-skimmed milk (1.5% to 1.8% fat) and whole milk (at least 3.5% fat). By amending Council Regulation (EC) No 2597/97 the Commission proposes to allow the production and marketing of drinking milk that does not comply with the present three categories in the European Union as long as a clear and easily readable indication of the fat content is present on the label.

To avoid confusion and uncertainty for the consumer, the committee suggests that the milk fat content percentage should be clearly indicated on the packaging directly next to the product description and that there is no real need to include a margin of tolerance of ‘± 0.2%' for the fat content indication.

PURPOSE: the amendment of Council Regulation (EC) No 2597/97 in order to simplify a number of rules.

PROPOSED ACT: Council Regulation.

BACKGROUND: this proposal is being presented as a package, alongside two other, related proposals on the dairy sector. The other two proposals concern the amendment of:

- Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption. See CNS/2007/0025

- Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products. See CNS/2007/0026 .

CONTENT: current legislation states that only three categories of drinking milk may be produced and marketed in the EU namely: skimmed milk (0.5% fat or less); semi-skimmed milk (1.5% and 1.8% fat) and whole milk (3.5% fat or more).

However, a large number of derogations to the above exist. These derogations will expire in 2009 (other than for Estonia where the derogation will expire in April 2007). Estonia has, therefore, asked for a prolongation of its derogation until 2009.

At the same time and in order to respond to new nutritional habits, the Commission is proposing to liberate the drinking milk market by allowing the production and marketing of milk with fat contents outside the three established categories. Provisions are being proposed that will allow consumers to have clear, labelled, information regarding the fat content of the milk being consumed. The result of liberalising the milk market thus will be the abolition of the derogations; increased transparency; and enhanced trade among the Member States.

As far as the financial consequences are concerned, the Commission estimates that the liberation of the drinking milk Regulation will not lead to a change in the consumption of lower fat drinking milk. Given that the trend in the average fat content is not expected to change the Commission does not foresee any changes to the Community budget as a result of the proposed amendments.

PURPOSE: the amendment of Council Regulation (EC) No 2597/97 in order to simplify a number of rules.

PROPOSED ACT: Council Regulation.

BACKGROUND: this proposal is being presented as a package, alongside two other, related proposals on the dairy sector. The other two proposals concern the amendment of:

- Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption. See CNS/2007/0025

- Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products. See CNS/2007/0026 .

CONTENT: current legislation states that only three categories of drinking milk may be produced and marketed in the EU namely: skimmed milk (0.5% fat or less); semi-skimmed milk (1.5% and 1.8% fat) and whole milk (3.5% fat or more).

However, a large number of derogations to the above exist. These derogations will expire in 2009 (other than for Estonia where the derogation will expire in April 2007). Estonia has, therefore, asked for a prolongation of its derogation until 2009.

At the same time and in order to respond to new nutritional habits, the Commission is proposing to liberate the drinking milk market by allowing the production and marketing of milk with fat contents outside the three established categories. Provisions are being proposed that will allow consumers to have clear, labelled, information regarding the fat content of the milk being consumed. The result of liberalising the milk market thus will be the abolition of the derogations; increased transparency; and enhanced trade among the Member States.

As far as the financial consequences are concerned, the Commission estimates that the liberation of the drinking milk Regulation will not lead to a change in the consumption of lower fat drinking milk. Given that the trend in the average fat content is not expected to change the Commission does not foresee any changes to the Community budget as a result of the proposed amendments.