23.12. 97 Official Journal of the European Communities L 351/13 COUNCIL REGULATION (EC) No 2597/97 of 18 December 1997 laying down additional rules on the common organization of the market in milk and milk products for drinking milk THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European 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 Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas the aim 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 drinking milk (), is to increase the market for products falling within CN code 0401 as much as possible by providing a guarantee of quality and products which fulfil consumers needs and wishes; whereas the establishment of marketing standards for the milk products concerned helps to stabilize the market and therefore to ensure a fair standard of living for farmers; whereas it is consequently in the interests of both producers and consumers to maintain such rules; Whereas, in order to profit from experience and to simplify and clarify the rules so as better to guarantee legal certainty for those concerned, a number of amend- ments should be made to the said Regulation, and its provisions brought together in a new Regulation; Whereas, in order to meet the wishes of consumers, who attach increasing importance to the nutritional value of milk proteins, rules should be laid down to ensure that milk products contain at least the natural protein content of milk and to permit the enrichment of drinking milk with milk proteins, mineral salts or vitamins or the reduc- tion of its lactose content; Whereas Article S (9) of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the () OJ C 267, 3. 9. 1997, p. 93. () OJ C 339, 10. 11. 1997. o (") Opinion delivered on 29 October 1997 (not yet published in the Official Journal). () OJ L 148, 3.7. 1971, p. 4. Regulation as last amended by Re- gulation (EEC) No 2138/92 (O] L 214, 30. 7. 1992, p. 6). production and placing on the market of raw milk, heat- treated milk and milk-based products (), lays down certain requirements concerning the composition of drinking milk; whereas, in the interests of consistency, those. provisions should be included in the Regulation on marketing standards and at the same time amended to take account of experience; Whereas Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advert- ising of foodstuffs (), and Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for food- stuffs (") apply; Whereas, in order to ensure consistency, products imported from third countries should be subject to the same rules; Whereas provision should be made that the Member States must determine the checks and penalties to be applied in the event of infringement of this Regulation, HAS ADOPTED THIS REGULATION: Article 1 1. This Regulation lays down standards for products falling within CN code 0401 intended for human consumption within the Community, without prejudice to measures for the protection of public health. 2. For the purposes of this Regulation: (a) ‘milk’ shall mean the produce of the milking of one Or more COWS; (b) ‘drinking milk’ shall mean the products referred to in Article 3 intended for delivery without further proces- sing to the consumer; () OJ L 268, 14. 9. 1992, p. 1. Directive as last amended by Directive 96/23/EC (O] L 125, 23. 5. 1996, p. 10). () OJ L 33, 8. 2. 1979, p. 1. Directive as last amended by Directive 97/4/EC (OJ L 43, 14. 2. 1997, p. 21). () OJ L 276, 6. 10. 1990, p. 40.