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( 1 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .
( 2 ) OJ NO L 130 , 18 . 5 . 1978 , P . 11 .
COMMISSION REGULATION ( EEC ) NO 1271/78
OF 13 JUNE 1978
CONCERNING MEASURES TO IMPROVE THE QUALITY OF MILK WITHIN THE COMMUNITY
THE COMMISSION OF THE EUROPEAN
COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1001/78 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,
WHEREAS PURSUANT TO ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 MEASURES HAVE BEEN TAKEN TO EXPAND THE MARKETS FOR MILK PRODUCTS ; WHEREAS , IN THE ANNUAL PROGRAMME OF SUCH MEASURES COMMUNICATED TO THE COUNCIL PURSUANT TO PARAGRAPH 3 OF THE ABOVEMENTIONED ARTICLE , THE COMMISSION , AFTER CONSULTATION WITH THE ADVISORY COMMITTEE FOR MILK AND MILK PRODUCTS , OUTLINED ITS INTENTION TO ADOPT INTER ALIA MEASURES DESIGNED TO IMPROVE BY MEANS OF APPROPRIATE MEASURES THE QUALITY OF LIQUID MILK WITHIN THE COMMUNITY ; WHEREAS DETAILED RULES FOR THE APPLICATION OF THESE MEASURES SHOULD THEREFORE BE LAID DOWN ;
WHEREAS THE MEASURES QUALIFYING FOR AID HAVE TO BE DETERMINED ; WHEREAS , IN VIEW OF THE LIMITED FUNDS AVAILABLE , IT APPEARS APPROPRIATE TO SELECT THE MEASURES ACCORDING TO THEIR IMPORTANCE FOR MILK PRODUCTION IN THE AREA CONCERNED ;
WHEREAS IT APPEARS APPROPRIATE TO INVITE THOSE BEST QUALIFIED TO PROPOSE APPROPRIATE PROGRAMMES FOR THE MEASURES CONCERNED ; WHEREAS IT IS NECESSARY TO LAY DOWN CRITERIA FOR SUCH PROGRAMMES , TOGETHER WITH RULES GOVERNING FINANCING ;
WHEREAS COMMUNITY FINANCING SHOULD BE LIMITED TO A PROPORTION OF THE EXPENDITURE INCURRED ;
WHEREAS RULES SHOULD BE LAID DOWN CONCERNING THE DURATION OF THE MEASURES AND THE PAYMENT OF COMMUNITY FUNDS TO THOSE WHOSE PROPOSALS ARE ACCEPTED ; WHEREAS , IN ADDITION , THE COMMISSION SHOULD BE KEPT INFORMED OF THE RESULTS OF THE MEASURES PROVIDED FOR IN THIS REGULATION ; WHEREAS THESE MEASURES SHOULD BE CONSIDERED AS FORMING PART OF INTERVENTION PURSUANT TO ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 1079/77 ; WHEREAS IT APPEARS NECESSARY TO MAKE THE INTERVENTION AGENCIES RESPONSIBLE FOR SUPERVISING THE EXECUTION OF SUCCESSFUL PROPOSALS AND FOR MAKING THE RELEVANT PAYMENTS ;
WHEREAS THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . MEASURES SHALL BE TAKEN , UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION , TO ENCOURAGE :
( A ) QUALITY CONTROL OF RAW MILK ; NAMELY :
- SAMPLING ,
- COLLECTION AND TRANSPORT OF SAMPLE ,
- QUANTITATIVE ANALYSIS OF RAW MILK ,
- EVALUATION OF THE RESULTS RECORDED ;
( B ) TESTING IN RELATION TO HEALTH ASPECTS OF RAW MILK AND THE CONTROL OF MASTITIS ;
( C ) THE TESTING OF MILKING MACHINES ;
( D ) THE COUNSELLING OF INDIVIDUAL MILK PRODUCERS , DIRECTED IN PARTICULAR TOWARDS THE OBTAINING OF MILK ( COWSHED HYGIENE , MILKING ) AND ITS TREATMENT ( COOLING );
( E ) COUNSELLING ON THE COLLECTION ( JOINTLY OPERATED EQUIPMENT , COLLECTING POINTS ) AND TRANSPORT OF RAW MILK ( SPECIFICATIONS , EQUIPMENT AND OPERATION OF MILK TANKERS );
( F ) THE TRAINING OF QUALIFIED PERSONNEL , FOR
- COUNSELLING ,
- QUALITY CONTROL ;
( G ) THE SETTING UP OF COOPERATIVE MILK COLLECTION CENTRES , IF NECESSARY WITH REFRIGERATION FACILITIES ; IN PROPERLY JUSTIFIED EXCEPTIONAL CASES SINGLE FARMS MAY BE SUPPORTED .
2 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 4 ( 2 ), APPLICATION OF THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL NOT EXTEND BEYOND 30 SEPTEMBER 1979 . HOWEVER , IN SPECIAL CASES , AND IN PARTICULAR AS REGARDS THE MEASURES REFERRED TO IN PARAGRAPH 1 ( B ) AND ( F ), A LONGER PERIOD MAY BE GRANTED IN ACCORDANCE WITH ARTICLE 5 ( 1 ) WHERE THIS IS NECESSARY TO ENSURE THAT THE MEASURES IN QUESTION ARE FULLY EFFECTIVE .
ARTICLE 2
1 . MEASURES AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE PROPOSED AND EXECUTED BY INSTITUTES , ORGANIZATIONS , FIRMS OR PRODUCER GROUPS WHICH
( A ) HAVE THE NECESSARY QUALIFICATIONS AND EXPERIENCE ;
( B ) ARE CAPABLE OF ENSURING THE SATISFACTORY COMPLETION OF THE WORK .
2 . COMMUNITY FINANCING SHALL BE LIMITED TO 90 % OF EXPENDITURE INCURRED BY THE MEASURES CONCERNED .
3 . IN THE CASE OF THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) ( A ) AND ( B ), ACCOUNT SHALL BE TAKEN FOR PURPOSES OF COMMUNITY FINANCING ONLY OF THE FIRST FITTING-OUT OF CENTRAL LABORATORIES WITH :
- EQUIPMENT FOR SORTING , PRESERVING AND PREPARING THE SAMPLES ,
- EQUIPMENT FOR EXAMINING THE FAT , PROTEIN AND LACTOSE CONTENT OF THE MILK ,
- EQUIPMENT FOR DETERMINING THE FRESHNESS OF THE MILK ,
- EQUIPMENT ( WHICH MAY INCLUDE INCUBATORS ) FOR EXAMINING THE BACTERIOLOGICAL CONTENT OF THE MILK ,
- EQUIPMENT FOR DETECTING ANTIBIOTICS , CELL CONTENT , INHIBITORY SUBSTANCES AND IMPURITIES IN RAW MILK ,
- EQUIPMENT FOR DETECTING MASTITIS IN RAW MILK .
IN SO FAR AS DATA-PROCESSING FACILITIES ARE COMBINED WITH THE EQUIPMENT CONCERNED THEY SHALL BE REGARDED AS PART OF THAT EQUIPMENT .
THE TECHNICAL FIRST FITTING-OUT OF ALREADY EXISTING LABORATORIES WITH IMPROVED MORE ECONOMIC EQUIPMENT SHALL BE REGARDED AS A MEASURE REFERRED TO IN ARTICLE 1 ( 1 ) ( A ).
4 . IN THE CASE OF PROPOSALS INTRODUCED BY FIRMS BUYING MILK OR ORGANIZATIONS REPRESENTING SUCH FIRMS , COMMUNITY PARTICIPATION SHALL , MOREOVER , BE SUBJECT TO THE GIVING BY THE APPLICANT OF AN UNDERTAKING TO INTRODUCE WITHIN HIS AREA OF OPERATION WITHIN ONE YEAR FOLLOWING THE CONCLUSION OF THE CONTRACT IN ACCORDANCE WITH ARTICLE 5 ( 1 ) A SYSTEM WHEREBY PAYMENT FOR MILK IS VARIED ACCORDING TO ITS BACTERIOLOGICAL QUALITY .
ARTICLE 3
1 . THOSE CONCERNED ARE HEREBY INVITED TO SUBMIT NOT LATER THAN 31 OCTOBER 1978 TO THE COMPETENT AUTHORITY APPOINTED BY THEIR MEMBER STATE , HEREINAFTER CALLED ' INTERVENTION AGENCY ' , COMPLETE DETAILED PROPOSALS CONCERNING THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ).
2 . THE INTERVENTION AGENCIES SHALL LAY DOWN FURTHER DETAILED RULES FOR THE SUBMISSION OF PROPOSALS IN A NOTICE WHICH SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
3 . WITHIN 10 WORKING DAYS AFTER THE DATE SPECIFIED IN PARAGRAPH 1 , THE INTERVENTION AGENCY SHALL TRANSMIT THE PROPOSALS RECEIVED TO THE COMMISSION .
THE INTERVENTION AGENCY MAY ADD ITS COMMENTS , IF ANY , TO THE PROPOSALS IN QUESTION .
ARTICLE 4
1 . EVERY COMPLETE PROPOSAL SHALL INDICATE :
( A ) THE NAME AND ADDRESS OF THE APPLICANT ;
( B ) ALL RELEVANT PARTICULARS CONCERNING THE MEASURES PROPOSED , INCLUDING THE TIME REQUIRED FOR COMPLETION , THE EXPECTED RESULTS AND DETAILS OF ANY THIRD PARTIES TO BE INVOLVED ;
( C ) THE TOTAL COST OF THESE MEASURES , EXPRESSED IN THE CURRENCY OF THE MEMBER STATE ON WHOSE TERRITORY THE APPLICANT IS ESTABLISHED , GIVING AN ITEMIZED BREAKDOWN OF THIS AMOUNT AND SETTING OUT THE SOURCES OF FINANCE ;
( D ) THE DESIRED ARRANGEMENTS FOR PAYMENT OF THE COMMUNITY CONTRIBUTION ( ARTICLE 7 ( 1 ) ( A ) OR ( B )).
2 . THE PARTICULARS REFERRED TO IN PARAGRAPH 1 ( B ) AND ( C ) SHALL CONCERN ONLY MEASURES TO BE COMPLETED BY THE DATE REFERRED TO IN ARTICLE 1 ( 2 ). HOWEVER , A PROPOSED MEASURE MAY FORM PART OF A GROUP OF MEASURES , PROVIDED THAT SUCH MEASURES ARE IN PRINCIPLE TO BE COMPLETED BEFORE 31 MARCH 1980 . IN THIS CASE , THE PROPOSAL SHALL ALSO INCLUDE , BY WAY OF INFORMATION , THE PARTICULARS REFERRED TO IN PARAGRAPH 1 ( B ) AND ( C ) IN RESPECT OF THE GROUP OF MEASURES .
3 . A PROPOSAL SHALL ONLY BE VALID IF :
( A ) IT IS SUBMITTED BY AN APPLICANT FULFILLING THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 1 );
( B ) IT IS ACCOMPANIED BY AN UNDERTAKING THAT THE APPLICANT WILL COMPLY WITH THE PROVISIONS OF THIS REGULATION , AND IN PARTICULAR WITH THE OBLIGATIONS UNDER ARTICLE 2 ( 4 ) AND THOSE SET OUT IN THE LIST OF TERMS AND CONDITIONS REFERRED TO IN ARTICLE 6 .
ARTICLE 5
1 . AFTER EXAMINATION OF THE PROPOSALS BY THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS UNDER ARTICLE 31 OF REGULATION ( EEC ) NO 804/68 AND TAKING INTO ACCOUNT THE IMPORTANCE OF THE PROPOSED MEASURES FOR MILK PRODUCTION IN THE AREA CONCERNED , THE COMMISSION SHALL CONCLUDE CONTRACTS FOR THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) WITH THOSE APPLICANTS WHOSE PROPOSALS HAVE BEEN ACCEPTED .
PRIOR TO THE CONCLUSION OF A CONTRACT , AN APPLICANT MAY BE REQUESTED TO SUPPLY ADDITIONAL INFORMATION AND/OR DETAILS CONCERNING HIS PROPOSAL .
2 . THE INTERVENTION AGENCY SHALL INFORM EACH APPLICANT AS SOON AS POSSIBLE OF THE DECISION TAKEN IN RESPECT OF HIS PROPOSAL .
ARTICLE 6
1 . ON ACCEPTANCE OF A PROPOSAL IN ACCORDANCE WITH ARTICLE 5 , A LIST OF TERMS AND CONDITIONS SHALL BE DRAWN UP BY THE COMMISSION IN AT LEAST THREE COPIES AND SIGNED BY THE PARTY CONCERNED .
2 . THE LIST OF TERMS AND CONDITIONS SHALL FORM AN INTEGRAL PART OF THE CONTRACT REFERRED TO IN ARTICLE 5 ( 1 ) AND SHALL :
( A ) INCLUDE THE PARTICULARS REFERRED TO IN ARTICLE 4 ( 1 ) OR MAKE REFERENCE TO THEM ;
( B ) SUPPLEMENT THESE PARTICULARS , WHERE NECESSARY , IN THE LIGHT OF ANY ADDITIONAL ITEMS SUPPLIED PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ).
3 . THE COMMISSION SHALL SEND A COPY OF THE CONTRACT AND OF THE LIST OF TERMS AND CONDITIONS TO THE INTERVENTION AGENCY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE AGREED CONDITIONS .
ARTICLE 7
1 . THE INTERVENTION AGENCY CONCERNED SHALL PAY TO THE PARTY IN QUESTION , IN ACCORDANCE WITH THE CHOICE INDICATED IN HIS PROPOSAL , EITHER :
( A ) WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF TERMS AND CONDITIONS , A SINGLE PAYMENT ON ACCOUNT AMOUNTING TO 60 % OF THE AGREED COMMUNITY CONTRIBUTION ; OR ,
( B ) AT TWO-MONTHLY INTERVALS , FOUR EQUAL INSTALMENTS EACH AMOUNTING TO 20 % OF THE AGREED COMMUNITY CONTRIBUTION , THE FIRST SUCH INSTALMENT BEING PAID WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF TERMS AND CONDITIONS .
2 . THE PAYMENT OF EACH INSTALMENT SHALL BE CONDITIONAL ON THE LODGING WITH THE INTERVENTION AGENCY OF A SECURITY EQUAL TO THE AMOUNT OF THE INSTALMENT PLUS 10 % .
3 . THE SECURITY SHALL ONLY BE RELEASED AND THE BALANCE PAID BY THE INTERVENTION AGENCY ON :
( A ) A FINDING BY THE INTERVENTION AGENCY THAT THE PARTY CONCERNED HAS FULFILLED HIS OBLIGATIONS AS LAID DOWN IN THE LIST OF TERMS AND CONDITIONS ;
( B ) THE TRANSMISSION TO THE COMMISSION AND TO THE INTERVENTION AGENCY OF THE REPORT REFERRED TO IN ARTICLE 8 AND ON VERIFICATION OF THE DETAILS CONTAINED IN THIS REPORT BY THE INTERVENTION AGENCY , AND
( C ) PROOF BEING FURNISHED THAT THE PARTY CONCERNED HAS SPENT HIS OWN CONTRIBUTION FOR THE PURPOSE LAID DOWN .
4 . IN SO FAR AS THE CONDITIONS SET OUT IN PARAGRAPH 3 ARE NOT FULFILLED , THE SECURITY SHALL BE FORFEITED . IN THIS EVENT , THE AMOUNT IN QUESTION SHALL BE DEDUCTED FROM EAGGF , GUARANTEE SECTION , EXPENDITURE AND MORE PARTICULARLY FROM THAT ARISING OUT OF THE MEASURES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 .
ARTICLE 8
EACH PARTY RESPONSIBLE FOR A MEASURE AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL SUBMIT TO THE COMMISSION AND TO THE INTERVENTION AGENCY CONCERNED , BEFORE 1 JANUARY 1980 , A DETAILED REPORT ON THE UTILIZATION OF THE COMMUNITY FUNDS ALLOCATED AND ON THE RESULTS OF THE MEASURE IN QUESTION . IF THE TERM OF THE CONTRACTS AS FIXED , IN ACCORDANCE WITH ARTICLE 5 ( 1 ) IS TO EXTEND BEYOND THIS DATE , THE REPORT SHALL BE SUBMITTED AT THE LATEST THREE MONTHS AFTER ITS EXPIRY .
ARTICLE 9
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 13 JUNE 1978 .