31972R0526

118 Official Journal of the European Communities

15.3.72 Official Journal of the European Communities No L 63 / 15

REGULATION (EEC) No 526/72 OF THE COMMISSION of 14 March 1972 on a derogation from Regulation (EEC) No 1411/71 as regards the fat content of semi-skimmed and skimmed milk and the payment varying according to quality for milk used for making drinking milk

THE COMMISSION OF THE EUROPEAN COM­ Whereas the measures provided for in this Regulation MUNITIES, are in accordance with the Opinion of the Management Committee for Milk and Milk Products ; Having regard to the Treaty establishing the European Economic Community ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1411/71 1 of 29 June 1971 laying down additional Article 1 rules on the common organization of the market in milk and milk products for products falling within 1 . By way of derogation from the third and fourth tariff heading No 04.01 , and in particular Article 7 indents of Articles 3 ( 1 ) and 6 ( 1 ) of Regulation thereof; (EEC) No 1411/71, Member States may until 3i Whereas, pursuant to Article 3 ( 1 ) (b) and Article December 1972 maintain the provisions applicable 6 ( 1 ) of Regulation (EEC) No 1411/71 , only milk within their territories on 30 March 1972 concerning with a fat content of between 1-50 and 1-80% and the fat content of semi-skimmed , and skimmed milk milk with a fat content of not more than 0-30% may delivered to the consumer. be marketed as semi-skimmed and skimmed milk ; 2 . However, Member States who make use of the whereas this requirement may not be met from 31 power conferred by paragraph 1 may not prohibit the March in all Member States in view of existing stocks marketing for human consumption of semi-skimmed of old packagings ; whereas provisional measures or skimmed milk meeting the requirements of should therefore be adopted whereby Member States Regulation (EEC) No 1411/71 . may continue to apply the relevant provisions currently applicable in their territory for a limited Article 2 period ; Whereas, for the same reason, it should he possible By way of derogation from Article 3 ( 2) of for Member States, on a temporary basis and by way Regulation (EEC) No 1411/71 , Member States may of derogation from the provisions referred to in until 31 December 1972 allow the names given in Article 3 (2) of Regulation (EEC) No 1411/71 , to use paragraph 1 of that Article to be used in accordance the names set out in paragraph 1 of that Article for with the provisions applicable in their territory on 30 March 1972 . products which do not comply with the definitions in paragraph 1 ; Article 3 Whereas, in accordance with the sccond subparagraph of Article 5 ( 1 ) of Regulation (EEC) In the Republic of Italy, application of the second No 1411/71 , milk used for making drinking milk subparagraph of Article 5 ( 1 ) of Regulation (EEC) should have been made subject to a system of No 1411/71 concerning payment varying according payment varying according to quality ; whereas the to quality for milk used for making drinking milk introduction of such a system in Italy requires shall be suspended until 31 March 1973 . application of that provision to be suspended for a limited period; Article 4

This Regulation shall enter into force on the third day following its publication in the Official Journal 1 OJ No L 148, 3.7.1971 , p . 4. of the European Communities.

Official Journal of the European Communities 119

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 14 March 1972.

. For the Commission The President

Franco M. MALFATTI