COMMISSION REGULATION (EEC) No 2851/80 of 31 October 1980 amending Regulation (EEC) No 1725/79 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1761/78 (2), and in particular Article 10 (3) thereof,
Whereas, in order to ensure proper implementation of Commission Regulation (EEC) No 1725/79 (3), as last amended by Regulation (EEC) No 1229/80 (4), certain technical details specified in the said Regulation should be adjusted and an Annex added indicating the method of analysis for determining the skimmed-milk powder content of compound feedingstuffs;
Whereas, as regards the quantities of skimmed-milk powder eligible for aid in respect of denaturing, the provisions of Article 2 (3) introduced by Regulation (EEC) No 1229/80 may be replaced by rules which are easier to apply without making the quantities involved disproportionate to the quantities used in the manufacture of compound feedingstuffs;
Whereas it also appears possible to replace the suspension of payment of aid where certain provisions have not been observed during the previous month by the provision of a corresponding security;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1725/79 is hereby amended as follows: 1. In Article 1 (3) (f) the percentage "0 72 %" is replaced by "0 73 %".
2. In Article 2: (a) paragraph 3 is replaced by the following:
"3. At the request of an undertaking, the competent authority may grant, in addition to or instead of the maximum monthly quantity of denatured skimmed-milk powder resulting from the application of paragraphs 1 and 2, a specific maximum quantity per year which is exclusively intended for processing into feed for piglets in an establishment approved for that purpose, on the territory of the Member State where denaturing takes place.
Such a specific annual quantity may be granted only to an undertaking which enters into an obligation: (a) to keep a stock record listing the names and addresses of the purchasers of the quantities of skimmed-milk powder denatured under this paragraph which it has not itself processed into feed for piglets;
(b) to stipulate, in the event of any subsequent sale of the denatured skimmed-milk powder, that there should be included in the sales contracts: - an obligation to process into feed for piglets in accordance with the first subparagraph, and
- where appropriate, an obligation concerning the keeping of the stock record referred to under (a) above.
An establishment may not be approved as an establishment as referred to in the first subparagraph unless: (a) it undertakes to keep permanent records noting the origin of the raw materials used, the quantities employed as well as the quantities and composition of the products obtained ; and
(1) OJ No L 148, 28.6.1968, p. 13. (2) OJ No L 204, 28.7.1978, p. 6. (3) OJ No L 199, 7.8.1979, p. 1. (4) OJ No L 124, 20.5.1980, p. 9. (b) it declares its willingness to submit to inspection measures laid down by the Member State concerned, in particular with regard to verification of the records referred to under (a).
Approval shall be withdrawn in the event of a serious breach of the provisions of this paragraph."
(b) the following paragraph 4 is added:
"4. Member States which avail themselves of paragraph 3 shall apply it: (a) using the definition or definitions laid down in their national legislation with regard to feedingstuffs for piglets or, in the absence of such definition, they shall define the characteristics of the feedingstuffs;
(b) respecting, for the purposes of granting the specific annual quantities in question, the overall limits as to quantity resulting from an examination under Article 31 of Regulation (EEC) No 804/68."
3. Article 3 (1) is replaced by the following:
"1. Skimmed-milk powder shall be denatured by the addition, per 100 kilograms of skimmed-milk powder, of either (a) 2 75 kilograms of lucerne meal or grass meal containing not less than 70 % of particles not exceeding 300 microns (formula A), or
(b) 5 kilograms of lucerne meal or grass meal containing not less than 40 % of particles not exceeding 300 microns (formula B).
The particles not exceeding 300 microns must be uniformly distributed throughout the mixture."
4. Article 3 (3) (b) is replaced by the following:
"(b) the quantity of skimmed-milk powder to be denatured and the denaturing formula chosen (formula A or B referred to in paragraph 1)".
5. In Article 4 (1) (a): (a) the first indent is replaced by the following:
"- not less than 60 kilograms and not more than 70 kilograms of skimmed-milk powder meeting the conditions laid down in Article 1 (2)";
(b) in the third indent the words:
Where 2 75 kilograms of lucerne meal or grass meal containing at least 70 % of particles not exceeding 300 microns are incorporated per 100 kilograms of skimmed-milk powder"
are replaced by
"where lucerne meal or grass meal is incorporated per 100 kilograms of skimmed-milk powder, in accordance with formula A or B referred to in Article 3 (1)".
6. The following subparagraphs are added to Article 4 (1):
"Where it is found that the product as manufactured does not contain the minimum quantity of 60 kilograms of skimmed-milk powder referred to in the first subparagraph at (a), the Member States shall be authorized to grant the aid reduced by 10 % for the skimmed-milk powder actually incorporated, subject to the following conditions: - the proportion of skimmed-milk powder must be at least 59 kilograms per 100 kilograms of finished product, and
- the applicant for aid must have supplied proof that failure to comply with the minimum level of 60 kilograms is the result neither of deliberate breach of the rules nor of serious negligence.
Where it is found that the product as manufactured contains a quantity of skimmed-milk powder exceeding the maximum quantity of 70 kilograms referred to in the first subparagraph at (a) or, as the case may be, the maximum quantity of 80 kilograms referred to in the second subparagraph, but without exceeding 71 or 81 kilograms, as the case may be, the Member States shall be authorized to grant aid on the basis of skimmed-milk powder content of 70 or 80 kilograms."
7. Article 5 (a) is replaced by the following:
"(a) compound feedingstuffs in which lucerne meal or grass meal is incorporated, per 100 kilograms of skimmed-milk powder, in accordance with formula A or B as referred to in Article 3 (1)".
8. In Article 8 (3) (f) and (5) (c) the following words are added:
"and in particular the quantities of casein and/or caseinates added as such or in the form of a mixture".
9. Article 8 (5) is amended as follows: - the text of (a) is replaced by the following:
"(a) the nature and origin of the raw materials used",
- under (b), the words "the quantities" are replaced by the words "the quantities in particular".
10. The following subparagraph is added to Article 9 (2):
"With regard to skimmed-milk powder denatured pursuant to Article 2 (3) and (4), payment of the aid shall be subject to the condition that the beneficiary proves to the satisfaction of the competent authority either (a) that he has processed the quantity of denatured skimmed-milk powder in question into feed for piglets in compliance with the prescribed conditions, or
(b) that he has sold the quantity concerned to a purchaser in compliance with the provisions of the second subparagraph of Article 2 (3) (b).
In the latter case, the beneficiary of the aid must sign an undertaking to reimburse the aid in respect of the quantities concerned in the event of purchasers not fulfilling their obligations."
11. In Article 9 (3) the following subparagraph is added:
"However, at the request of the person concerned, the suspension of payment of aid referred to in (a) may be replaced by the provision of a security for the same amount plus 10 %, which, if appropriate, shall be forfeited in respect of the aid unduly paid."
12. In the first subparagraph of Article 10 (3) the following sentence is added:
"The quantity of skimmed-milk powder shall be determined by testing each sample at least in duplicate in accordance with the method of analysis specified in Annex III."
13. In the specimen "Inspection report" contained in Annex II: (a) the text under A is replaced by the following:
"A. Results of the laboratory analysis, supplemented by the frequent and unannounced inspections referred to in Article 10 (2) (b) and (c), or, where appropriate, of the regular inspections on the premises";
(b) foortnote (2) is deleted.
14. Annex III hereto is added to Regulation (EEC) No 1725/79.
15. In the Dutch version of Regulation (EEC) No 1725/79, in the second and third indents of Article 4 (1) (a) and in the third indent of the second subparagraph of Article 10 (2) (a), the word "zetmeelgel" is replaced each time by the words "voorverstijfseld zetmeel".
16. In the French, English and Italian versions of Regulation (EEC) No 1725/79 in Annex I under A, point 2, the text of (g) is replaced by one of the following as appropriate: - "g) autres, et notamment le lactosérum, pour autant que la recherche est demandée par les autorités nationales",
- "(g) others, and especially whey as far as detection is required by the national authorities",
- "g) altri, in particolare siero di latte, se la ricerca è richiesta dalle autorità nazionali".
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
However, the provisions of Article 1 (8), (12), (13) (b), (14) shall apply with effect from 1 February 1981 only.
At the request of the persons concerned, a quantity granted under the previous version of Article 2 (3) of Regulation (EEC) No 1725/79 shall be replaced by a specific quantity granted pursuant to the new version of the said provision.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 1980.