NoL 182736 Official Journal of the European Communities 3.7.87 COUNCIL REGULATION (EEC) No 1898/87 of 2 July 1987 on the protection of designations used in marketing of milk and milk products 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 (?), Having regard to the opinion of the Economic-and Social Committee (), Whereas Council Regulation (EEC) No 804/68 (%), .as last amended by Regulation (EEC) No 773/87 (%), introduced the common organization of the market in the milk products sector; Whereas the situation of the milk and milk products sector is . characterized by structural surpluses and whereas the disposal of these products should therefore be improved by promoting their consumption;- Whereas the natural composition of milk and milk products should be protected in the interests of Community producers and consumers; Whereas regulations which ensure appropriate labelling and prevent the consumer from being misled will help this objective to be achieved; Whereas milk and milk products should, therefore, be defined and the designations needing to be reserved for them should be clarified; Whereas, apart from the case of products the exact nature of which is known through traditional usage, it is also necessary to avoid any confusion in the mind of the consumer between milk products and other food products, including those consisting partly of milk components; 1 (*) O] No C 111, 26. 4. 1984, p. 7. (*) OJ No C 72, 18. 3. 1985, p. 127. (*) O] No C 307, 19. 11. 1984, p. 1. © ) 2 ‘) OJ No L 148, 28. 6. 1968, p. 13. 5 OJ No L 78, 20. 3. 1987, p. 1. Whereas this Regulation aims at protecting the consumer and .at establishing conditions of competition -between milk products and competing products in the field of product designation, labelling and advertising which avoid any distortion; Whereas competing products enjoy a competitive advantage in terms of production cost due to the fact that' many of them are frequently manufactured from raw materials imported at zero duty rates, whereas milk products have a higher production cost which is dictated by the need to safeguard agricultural producer incomes; Whereas it is essential for the Commission to. follow closely developments in -the market for milk products and competing substitute products and to report back to the Council; Whereas, pending the report from the Commission, Member. States-having already taken national measures to curb the manufacture and marketing of these products on -their territory must maintain their regulations, in : compliance with the general rules of the Treaty,-until the end of the fifth 12-month period-of application -of the . supplementary levy in the milk sector; HAS ADOPTED THIS REGULATION: Article 1 1. This Regulation shall apply to foodstuffs intended for human consumption which are marketed in the Community. : 2. For the purposes of this Regulation: (a) ‘marketing’ shall mean holding or display with a view to sale, offering for sale, sale, delivery or any other manner of placing on the market; (b) ‘designation’ shall mean the name used at all stages of marketing. Article 2 1. The term ‘milk’ shall mean exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom. However, the term ‘milk’ may be used: (a) for milk treated without altering its composition, or for milk the fat content of which has been stan- dardized under Council Regulation (EEC) No 1411/71 of 29 June 1971 laying down additional