L 281/36 Official Journal of the European Communities 17.10. 98 COUNCIL DECISION of 6 October 1998 amending Commission Decision 97/80/EC laying down provisions for the imple- mentation of Council Directive 96/16/EC on statistical surveys of milk and milk products (98/582/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk prod- ucts (') and, in particular, Article 3(2) and Article 6(1) thereof, Having regard to the Commission proposal, Whereas Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk products (%) lays down the conditions applicable to butter subject to the public intervention system and butter eligible for private storage subsidies; whereas butter subject to public intervention must be produced directly and exclusively from pasteurised cream; whereas this condition does not apply to butter in private storage; whereas for certain measures providing for aid for the sale of butter on the Community market and in particular the system referred to in Commission Regulation (EC) No 2571/97 (%), butter must be produced directly and exclu- sively from pasteurised cream in order to qualify; Whereas the high quantities of butter in receipt of Community subsidies in relation to total production require the establishment of a statistical basis that is appropriate for monitoring the various types of butter and can take account of the abovementioned distinction; Whereas, in order to ensure the sound management of the common agricultural policy, in particular the butter market, the Commission requires accurate data providing reliable information on the precise development of the various types of butter and other yellow fat dairy products; Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (*) already provides for () OJ L 78, 28. 3. 1996, p. 27. (3 OJ L 148, 28.6.1968, p. 13. Regulation as last amended by Regulation (EC) No 1587/96 (O] L 206, 16.8.1996, p. 21). () OJ L 350, 20.12.1997, p. 3. Regulation as amended by Regu- lation (EC) No 1061/98 (OJ L 152, 26.5.1998, p. 3). (") OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 1084/98 (O] L 151, 21.5.1998, p.1). the breakdown of the various types of butter according to the combined nomenclature code applicable to trade; whereas, in order to remain consistent with this approach, it is desirable to follow the same breakdown of butter for the collection of statistical information on this sector; whereas Commission Decision 97/80/EC of 18 December 1996 laying down provisions for the implementation of Directive 96/16/EC on statistical surveys of milk and milk products (°) should therefore be amended; Whereas, however, for certain types of butter and other yellow fat dairy products it is sufficient to provide for an optional collection and transfer of data at this stage; Whereas the Standing Committee for Agricultural Statis- tics (SCAS) did not deliver an opinion within the deadline set by its chairman; whereas the measures provided for in this Decision must, therefore, in accordance with Article 7 of Directive 96/16/EC, be adopted by the Council, HAS ADOPTED THIS DECISION: Article 1 Annexes I and II to Commission Decision 97/80/EC shall be amended as shown in the Annex to this Decision. Article 2 This Decision is addressed to the Member States. Done at Luxembourg, 6 October 1998. For the Council The President M. BARTENSTEIN () OJ L 24, 25. 1. 1997, p. 26.