No L 46/38 Official Journal of the European Communities - 18. 2. 89 COMMISSION ‘DECISION of 31 January 1989 approving a specific programme for the milk and milk products sector notified by the Spanish Governement pursuant to Council Regulation (EEC) No 355/77 (Only the Spanish text is authentic) (89/127/EEC) " THE COMMISSION OF THE -EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, - Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural and fishery products - are processed and marketed ('), as last amended by Regulation (EEC) No 1760/87 (3), and in particular Article S thereof, Whereas on 23 . July 1987 the Spanish Government forwarded a specific programme concerning the milk and milk products sector and submitted - supplementary information on 8 December 1987 and 3 May 1988, Whereas the aim of this specific programme is to rationalize and adapt the processing and marketing of - milk and milk products so as to increase the competiti- veness of the sector and add value to its production; -whereas it therefore constitutes a programme within the meaning of Article 2 of Regulation (EEC) No 355/77; Whereas in view of the need to provide the consumers with a longer lasting product,-it would be appropriate to amplify point B.1 11 bis (a) of the Commission criteria for the choice of projects to be financed under Regulation (EEC)-No 355/77.(%) to allow the programme to include investments connected with UHT milk: provided that in accordance with the above point of the criteria, outlets exist ; Whereas in view of the situation on the market for milk, approval of the programme cannot include investment projects which provide for an increase in milk-processing- capacity, unless evidence is furnished to. show that equivalent capacities are being closed down ; which relate to butter, whey-powder, milk powder, butteroil, lactose, casein, or caseinates; which relate to other products entailing EAGGF Guarantee Section expenditure that cannot be justified in view of the market situation ; Whereas-approval of this programme does not extend to investments relating to whey except  when such () OJ No L 51, 23. 2. 1977, p. 1. () OJ No L 167, 26. 6. 1987, p. 1. () OJ No C 79, 26. 3. 1987, p. 3. investments concern the process of thickening this by-product for animal feed; Whereas approval -of this programime will not allow the financing of the largest items of expenditure not directly related to one of the eligible-products but only those parts which concerne products not excluded by the abovemen- tioned criteria ; ) Whereas approval of this programme cannot “include- investments in research and development; ! ‘Whereas approval of this programme will only allow the financing of those projects of a significant economic size ; Whereas approval of this programme does not extend to investments concerning products not listed in Anenex II to the Treaty; Whereas the programme contains sufficient information as prescribed by Article 3 of Regulation (EEC) No 355/77 to show that the aims set out in Article 1 of that Regulation can be achieved in the milk- and milk products sector in Spain; | Whereas the estimated time. for the implementation of this programme does not exceed the period mentioned in Article 3 (1) (g) of the Regulation ; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structures, HAS ADOPTED THIS DECISION : Article 1 i 1. The programme for the processing and marketing of milk and milk - products submitted - by the Spanish Government on 23 July 1987, concerning which further particulars were provided on 8 December and 3 May 1988 pursuant to Council Regulation (EEC) No 355/77, is hereby approved.