15.3.76 Official Journal of the European Communities No L 67/23 COUNCIL REGULATION (EEC) No 566/76 of 15 March 1976 a@ending Regulation (EEC) No 1411/71 as regards the fat content of whole milk THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), ' Whereas according to the second indent of Article 3 (1) (b) and Article 6 (1) of Council Regulation (EEC) No 1411/71 of 29 June 1971 laying down additional rules on the common organization of the market in milk and milk products for products falling within tariff heading No 04.01 (2), as last amended by Regulation (EEC) No 3358/75 (3), only milk with a fat content of at least 3-5% shall be sold in the Community as whole drinking milk; whereas pursuant to Article 6 (2) of that Regulation Member States. may maintain, until 31 March 1976, the provisions applicable within their territories at the date of entry into force of the said Regulation; Whereas certain new Member States have encountered difficulties in implementing within their territories the provisions laid down before their accession to the Community since processing and distribution methods are different and consumers are unaccustomed to the purchase of standardized whole milk; whereas the system applied in these countries on the whole ensures that the fat content of whole milk sold to consumers is equal to that laid down and even exceeds it; Whereas, therefore, the provisions designed for the Community as a whole should not be imposed on the Member States in question provided that trade () Opinon delivered on 12 March 1976 (not yet published in the Official Journal). () OJ No L 148, 3. 7. 1971, p. 4. (®) OJ No L 330, 24. 12. 1975, p. 4S. between Member States is impeded as little as possible; whereas the system in operation should, after a certain period, be reviewed in the light of experience, HAS ADOPTED THIS REGULATION: Article 1 As from 1 April 1976, the second indent of Article 3 (1) (b) of Regulation (EEC) No 1411/71 is replaced by the following: ‘— whole milk: milk which has been subjected to at least one heat treatment or an authorized treatment of equivalent effect by a milk processor, and with respect to fat content meets one of the following requirements: standardized whole milk: milk with a fat content of at least 3:50%; non-standardized whole milk: milk with a fat content that has not been altered since the milking stage either by the addition or separation of milk fats or by mixture with milk, the natural fat content of which has been altered. However, the fat content may not be less than 3:0%.’ Article 2 As from 1 April 1976, paragraph 4 of Article 3 of Regulation (EEC) No 1411/71 is replaced by the following paragraphs: ' ‘4. Notwithstanding the provisions of the second indent of paragraph 1 (b) with regard to the fat content laid down for non-standardized whole milk, if the fat content laid down for drinking milk is not present naturally, it may be obtained only by adding or separating milk or cream or by adding skimmed or semi-skimmed milk. No other alteration in the composition of drinking milk shall be authorized.