This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COUNCIL REGULATION (EC) No 1255/1999
of 17 May 1999
on the common organisation of the market in milk and milk products
(OJ L 160, 26.6.1999, p. 48)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 1040/2000 of 16 May 2000 L 118 1 19.5.2000
"M2 Commission Regulation (EC) No 1526/2000 of 13 July 2000 L 175 55 14.7.2000
"M3 Council Regulation (EC) No 1670/2000 of 20 July 2000 L 193 10 29.7.2000
Corrected by:
"C1 Corrigendum, OJ L 262, 8.10.1999, p. 23 (1255/1999)
"C2 Corrigendum, OJ L 2, 5.1.2000, p. 78 (1255/1999)1999R1255 — EN — 01.01.2001 — 003.001 — 1
COUNCIL REGULATION (EC) No 1255/1999
of 17 May 1999
on the common organisation of the market in milk and milk products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Articles 36 and 37 thereof,
Having reard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Having regard to the opinion of the Committee of the Regions (4),
Having regard to the opinion of the Court of Auditors (5),
(1) Whereas the operation and development of the common market in
agricultural products should be accompanied by the establishment of a
common agricultural policy to include in particular a commonorganisation of agricultural markets which may take various formsdepending on the product;
(2) Whereas the aim of the common agricultural policy is to attain the
objectives set out in Article 33 of the Treaty; whereas, in the milksector, in order to stabilise markets and to ensure a fair standard ofliving for the agriculture community, it is necessary that the
intervention agencies, based on a single price system, may take
intervention measures on the market including the buying-in of butterand skimmed milk powder and the grant of private storage aids for
these products; whereas, however, such measures should be standard-
ised so as not to impede the free movement of goods in question withinthe Community;
(3) Whereas by Council Regulation (EEC) No 3950/92 of 28 December
1992 establishing an additional levy in the milk and milk products
sector (
6), an additional levy scheme for the market of milk and milk
products was introduced for the purpose of reducing the imbalancebetween supply and demand on the milk and milk-product market and
resulting structural surpluses; whereas this scheme will apply for eight
new consecutive periods of 12 months commencing on 1 April 2000;
(4) Whereas in order to stimulate the consumption of milk and milk
products within the Community and to improve the competitiveness of
these products on the international markets, the level of market supportshould be reduced, in particular, through a gradual reduction of thetarget prices and intervention prices for butter and skimmed milk
powder starting from 1 July 2005;
(5) Whereas the implementation of an intervention system for butter
should maintain the competitive position of butter on the market andprovide for the most efficient possible storage; whereas the quality
requirements to be observed in respect of butter constitute a
determining factor for attaining these objectives; whereas buying intointervention should take place in so far as it is necessary to maintainthe stability of the market by reference to the market price of butter in
the Member States, and should be carried out under a tendering
procedure;
(6) Whereas, in the case of private storage aid for butter, it is appropriate
to subject its grant to butter produced from cream and milk of
Community origin and to maintain a reference to national qualitygrades as a condition of eligibility;!B
(1) OJ C 170, 4.6.1998, p. 38.
(2) Opinion delivered on 6 May 1999 (not yet published in the Official Journal).
(3) OJ C 407, 28.12.1998, p. 203.
(4) OJ C 93, 6.4.1999, p. 1.
(5) OJ C 401, 22.12.1998, p. 3.
(6) OJ L 405, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC)
No 1256/1999 (see page 73 of this Official Journal).1999R1255 — EN — 01.01.2001 — 003.001 — 2
(7) Whereas in addition to intervention in respect of butter and fresh
cream, other Community intervention measures are required to enablethe best return to be obtained from milk proteins and to support theprices of products which have special importance in determining
producer prices for milk; whereas these measures should take the form
of buying-in of skimmed milk powder and of granting private storageaid for this product; whereas, however, the normal buying intointervention of skimmed milk powder may be suspended when a
certain quantity is reached and may be replaced by buying-in under a
tender procedure;
(8) Whereas to avoid distortion between operators selling into public
intervention and in the interest of the proper administration of
Community funds, a minimum requirement should be set for the
protein content of skimmed-milk-powder bought into intervention;whereas the content should be fixed taking account of current
commercial standards and in such way that it cannot act as a criterion
for exclusion from intervention;
(9) Whereas, to contribute to balancing the milk market and to stabilise
the market prices for milk and milk products, provision should be
made for complementary measures increasing the possibility of
disposing of milk products; whereas these measures should includethe grant of private storage aid for certain types of cheeses, on the onehand, and the grant of aids for the marketing of certain milk products
with a view to specific uses and destinations;
(10) Whereas, in order to stimulate the consumption of milk by young
people, provision should be made for the Community to defray a partof the expenditure occasioned by granting aid for the supply of milk to
pupils in schools;
(11) Whereas, as a consequence of reduced market support in the milk
sector, income support measures for milk producers should beintroduced; whereas these measures should take the form of a dairy
premium the level of which should develop in parallel with the gradual
reduction of market support; whereas the level of individual incomesupport should be calculated on the basis of the individual referencequantities of the producers concerned; whereas, to ensure the proper
application of the scheme, to take account of the multilateral
commitments of the Community and for reasons of budget control,provision should be made for keeping the overall income support at thelevel of the Member States’ total reference quantities as applicable at
the entry into force of this Regulation;
(12) Whereas the conditions for milk production and the income situation
of producers significantly vary in different production areas of theCommunity; whereas a Community-wide scheme with uniform dairy
payments to all producers would be too rigid to respond adequatly to
structural and natural disparities and the diverse needs resultingtherefrom; whereas, therefore, it is appropriate to provide for a flexible
framework of additional Community payments to be determined and
made by Member States within fixed global amounts and inaccordance with certain common criteria; whereas the global amountsshould be allocated to the Member States on the basis of their total
reference quantity for milk; whereas the common criteria are intended,
inter alia, to prevent additional payments from producing discrimina-
tory effects and to take full account of the relevant multilateralcommitments of the Community; whereas, in particular, it is essential
that Member States be obliged to use their discretionary powers
exclusively on the basis of objective criteria, to pay full regard to theconcept of equal treatment and to avoid market and competitiondistortions; whereas it is appropriate to provide for the forms that
additional payments may take; whereas these forms should be
premium supplements and area payments;
(13) Whereas premium supplements should be granted in addition to the
amounts of dairy premium granted per tonne of available premium
reference quantities; whereas it is also necessary to limit the total
amount of support which may be granted per premium amount peryear;
(14) Whereas additional area payments should only be granted for
permanent pasture which does not benefit from other Community
market support measures; whereas area payments should be applied!B1999R1255 — EN — 01.01.2001 — 003.001 — 3
within the limits of regional base areas of permanent pasture which
should be established by Member States according to historicalreference data; whereas the maximum amount of area payment whichmay be granted per hectare, including additional area payments under
the common market organisation for beef and veal, should be
comparable with the average support per hectare under the supportsystem for producers of certain arable crops;
(15) Whereas, in order to achieve the desired economic impact, direct
payments must be granted within certain time limits;
(16) Whereas, should the administration of bovine somatrophin to dairy
cows be prohibited under Community law, the Commission shouldestablish penalties analogous to those foreseen in the common market
organisation for beef and veal in the case of use of certain prohibited
substances in beef production;
(17) Whereas the creation of a single Community market for milk and milk
products involves the introduction of a single trading system at theexternal frontiers of the Community; whereas a trading system
including import duties and export refunds, in addition to the
intervention measures, should, in principle, stabilise the Communitymarket; whereas the trading system should be based on the undertak-ings accepted under the Uruguay Round of multilateral trade
negotiations;
(18) Whereas, in order to monitor the volume of trade in milk and milk
products with third countries, provision should be made for a system of
import and export licences for certain products, which includes thelodging of a security to guarantee that the transactions for which suchlicences are granted are effected;
(19) Whereas in order to prevent or counteract adverse effects on the
Community market which could result from imports of certain
agricultural products, imports of one or more such products should
be subject to payment of an additional import duty, if certainconditions are fulfilled;
(20) Whereas it is appropriate, under certain conditions, to confer on the
Commission the power to open and administer tariff quotas resultingfrom international agreements concluded in accordance with the
Treaty or from other acts of the Council; whereas, moreover, the
Commission should have analogous powers concerning certain tariffquotas opened by third countries;
(21) Whereas provisions for granting a refund on exports to third countries,
based on the difference between prices within the Community and onthe world market, and falling within the WTO Agreement on
Agriculture (
1), should serve to safeguard Community participation
in international trade in milk and milk products; whereas these refundsshould be subject to limits in terms of quantity and value;
(22) Whereas compliance with the limits in terms of value should be
ensured at the time when refunds are fixed through the monitoring of
payments under the rules relating to the European Agricultural
Guidance and Guarantee Fund; whereas monitoring can be facilitatedby the compulsory advance fixing of refunds, while allowing thepossibility, in the case of differentiated refunds, of changing the
specified destination within a geographical area to which a single
refund rate applies; whereas, in the case of a change of destination, therefund applicable to the actual destination should be paid, with aceiling of the amount applicable to the destination fixed in advance;
(23) Whereas ensuring compliance with the quantity limits calls for the
introduction of a reliable and effective system of monitoring; whereas,
to that end, the granting of refunds should be made subject to an export
licence; whereas refunds should be granted up to the limits available,depending on the particular situation of each product concerned;
whereas exceptions to that rule should only be permitted in the case of
processed products not listed in Annex II to the Treaty, to whichvolume limits do not apply, and in the case of food-aid operations,which are exempt from any limit; whereas monitoring of the quantities
exported with refunds during the marketing years as referred to in the!B
(1) OJ L 336, 23.12.1994, p. 22.1999R1255 — EN — 01.01.2001 — 003.001 — 4
WTO Agreement on Agriculture should be carried out on the basis of
export licences issued for each marketing year;
(24) Whereas, in addition to the system described above, and to the extent
necessary for its proper working, provision should be made forregulating or, when the situation on the market so requires, prohibiting
the use of inward processing arrangements;
(25) Whereas it is appropriate to provide for measures to be taken when a
substantial rise or fall in prices disturbs or threatens to disturb theCommunity market;
(26) Whereas the customs duty system makes it possible to dispense with
all other protective measures at the external frontiers of the
Community; whereas, however, the internal market and duty mech-
anism could, in exceptional circumstances, prove defective; whereas,in such cases, so as not to leave the Community market withoutdefence against disturbances which may arise therefrom, the
Community should be able to take all necessary measures without
delay; whereas those measures should be in accordance with theobligations derived from the relevant WTO agreements;
(27) Whereas restrictions on free movement resulting from the application
of measures intended to prevent the spread of animal diseases could
cause difficulties on the market of one or more Member States;whereas provision should be made for the introduction of exceptionalmarket support measures in order to remedy such situations;
(28) Whereas the establishment of a single market would be jeopardised by
the granting of certain aids; whereas, therefore, the provisions of the
Treaty which allow the assessment of aids granted by Member Statesand the prohibition of those which are incompatible with the commonmarket should apply in the common market organisation for milk and
milk products;
(29) Whereas it is necessary that, as the common market in milk and milk
products develops, the Member States and the Commission shouldkeep each other supplied with the information necessary for applyingthis Regulation;
(30) Whereas, in order to facilitate implementation of the proposed
measures, a procedure should be provided for establishing close
cooperation between Member States and the Commission within aManagement Committee;
(31) Whereas expenditure incurred by the Member States as a result of the
obligations arising out of the application of this Regulation should be
financed by the Community in accordance with Council Regulation
(EC) No 1258/1999 of 17 May 1999 on the financing of the commonagricultural policy (
1);
(32) Whereas the common organisation of the market in milk and milk
products should take appropriate account, at the same time, of the
objectives set out in Articles 33 and 131 of the Treaty;
(33) Whereas the common organisation of the market in milk and milk
products laid down in Council Regulation (EEC) No 804/68 of 27 June1968 on the common organisation of the market in milk and milk
products (
2) has been amended several times; whereas, by reason of
their number, their complexity and their dispersal among severalOfficial Journals, these texts are difficult to use and thus lack theclarity which should be an essential feature of all legislation; whereas,
under these circumstances, they should be consolidated in a new
Regulation and the aforementioned Regulation (EEC) No 804/68should be repealed; whereas the essential rules of Council Regulations(EEC) No 986/68 (
3), (EEC) No 987/68 (4), (EEC) No 508/71 (5),!B
(1) See page 103 of this Official Journal.
(2) OJ L 148, 27.6.1968, p. 13. Regulation as last amended by Regulation (EC)
No 1587/96 (OJ L 206, 16.8.1996, p. 21).
(3) OJ L 169, 18.7.1968, p. 4. Regulation as last amended by Regulation (EC)
No 1802/95 (OJ L 174, 26.7.1995, p. 31).
(4) OJ L 169, 18.7.1968, p. 6. Regulation as last amended by Regulation (EEC)
No 1435/90 (OJ L 138, 31.5.1990, p. 8).
(5) OJ L 58, 11.3.1971, p. 1.1999R1255 — EN — 01.01.2001 — 003.001 — 5
(EEC) No 1422/78 (1), (EEC) No 1723/81 (2), (EEC) No 2990/82 (3),
(EEC) No 1842/83 (4), (EEC) No 865/84 (5) and (EEC) No 777/87 (6)
have been incorporated into this Regulation, and should therefore berepealed;
(34) Whereas the change from the arrangements in Regulation (EEC)
No 804/68 to those in this Regulation could give rise to difficulties
which are not dealt with in this Regulation; whereas, in order to dealwith that eventuality, provision should be made for the Commission to
adopt the necessary transitional measures; whereas the Commission
should also be authorised to solve specific practical problems,
HAS ADOPTED THIS REGULATION:
Article 1
The common organisation of the market in milk and milk products shall cover
the following products;
CN code Description of goods
(a) 0401 Milk and cream, not concentrated nor containing added sugar
or other sweetening matter
(b) 0402 Milk and cream, concentrated or containing added sugar or
other sweetening matter
(c) 0403 10 11 to 39 Buttermilk, curdled milk and cream, yoghurt, kephir and
other fermented or acidified milk and cream, whether or notconcentrated or containing added sugar or other sweeteningmatter not flavoured nor containing added fruit, nuts or cocoa0403 90 11 to 69
(d) 0404 Whey, whether or not concentrated or containing added sugar
or other sweetening matter; products consisting of naturalmilk constituents, whether or not containing added sugar orother sweetening matter, not elsewhere specified or included
(e) ex 0405 Butter and other fats and oils derived from milk; dairy spreads
of a fat content of more than 75 % but less than 80 %
(f) 0406 Cheese and curd(g) 1702 19 00 Lactose and lactose syrup not containing added flavouring or
colouring matter, "
C1containing by weight less than 99 %
lactose,3expressed as anhydrous lactose, calculated on the
dry matter
(h) 2106 90 51 Flavoured or coloured lactose syrup(i) ex 2309 Preparations of a kind used in animal feeding:
— Preparations and feedingstuffs containing products to
which this Regulation applies, directly or by virtue ofCouncil Regulation (EEC) No 2730/75 (
1), except
preparations and feedingstuffs to which Council Regula-
tion (EEC) No 1766/92 (2) applies.
(1)OJ L 281, 1.11.1975, p. 20. Regulation as last amended by Regulation (EC) No 2931/95 (OJ
L 307, 20.12.1995, p. 10).
(2)OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 923/96 (OJL 126, 24.5.1996, p. 37).!B
(1) OJ L 171, 28.6.1978, p. 14.
(2) OJ L 172, 30.6.1981, p. 14. Regulation as last amended by Regulation (EEC)
No 863/84 (OJ L 90, 1.4.1984, p. 23).
(3) OJ L 314, 10.11.1982, p. 26. Regulation as last amended by Regulation (EC)
No 2442/96 (OJ L 333, 21.12.1996, p. 1).
(4) OJ L 183, 7.7.1983, p. 1. Regulation as last amended by Regulation (EC)
No 1958/97 (OJ L 277, 10.10.1997, p. 1).
(5) OJ L 90, 1.4.1984, p. 25.
(6) OJ L 78, 20.3.1987, p. 10. Regulation as last amended by Regulation (EEC)
No 1634/91 (OJ L 150, 15.6.1991, p. 26).1999R1255 — EN — 01.01.2001 — 003.001 — 6
TITLE I
INTERNAL MARKET
CHAPTER I
Prices
Article 2
The milk year for all products listed in Article 1 shall begin on 1 July and end
on 30 June of the following year.
Article 3
1. The target price in the Community for milk containing 3,7 % fat,
delivered to dairies and expressed in euro per 100 kg, shall be set at:
— 30,98 for the period from 1 July 2000 until 30 June 2005,
— 29,23 for the period from 1 July 2005 until 30 June 2006,— 27,47 for the period from 1 July 2006 until 30 June 2007,
— 25,72 as from July 2007.
The target price shall be deemed to be that price which it is aimed to obtain
for the aggregate of producers’ milk sales on the Community market and on
external markets.
2. The Council, acting in accordance with the procedure laid down in
Article 37(2) of the Treaty, may change the target price.
Article 4
1. The intervention prices in the Community, expressed in euro per 100 kg,
shall be set:
(a) for butter at:
— 328,20 for the period from 1 July 2000 until 30 June 2005,— 311,79 for the period from 1 July 2005 until 30 June 2006,
— 295,38 for the period from 1 July 2006 until 30 June 2007,
— 278,97 as from 1 July 2007;
(b) for skimmed milk powder at:
— 205,52 for the period from 1 July 2000 until 30 June 2005,
— 195,24 for the period from 1 July 2005 until 30 June 2006,— 184,97 for the period from 1 July 2006 until 30 June 2007,
— 174,69 as from 1 July 2007.
2. The Council, acting in accordance with the procedure laid down in
Article 37(2) of the Treaty, may change the intervention prices.
Article 5
The price system is established without prejudice to the implementation of the
additional levy scheme.
CHAPTER II
Intervention system
Article 6
1. Where the market prices of butter are, in one or more Member States, at a
level lower than 92 % of the intervention price for a representative period,
buying-in by the intervention agencies shall be carried out in the Member
State(s) concerned under an open invitation to tender on the basis ofspecifications to be determined.!B1999R1255 — EN — 01.01.2001 — 003.001 — 7
The buying-in price fixed by the Commission shall not be less than 90 % of
the intervention price.
Where market prices in the Member State(s) concerned are at a level equal to,
or higher than, 92 % of the intervention price for a representative period,
buying-in under a tendering procedure shall be suspended.
2. Under paragraph 1, the intervention agencies may only buy in butter
produced directly and exclusively from pasteurised cream in an approved
undertaking in the Community, and
(a) meet the following requirements:
— a minimum butterfat content, by weight, of 82 % and a maximum
water content, by weight, of 16 %,
— an age at the time of buying-in not exceeding a maximum to be fixed,
— conditions to be determined as regards the minimum quantity and
packaging;
(b) meet certain requirements to be determined regarding in particular:
— preservation; additional requirements may be laid down by the
intervention agencies,
— free fatty acid content,
— peroxide content,
— microbiological standard,
— sensory characteristics (appearance, texture, taste and smell).
National quality grades to be determined may be shown on the packaging
of butter which meets national quality requirements.
Flat rate transport costs shall be borne, under conditions to be fixed, by
the intervention agency if the butter is delivered to a cold store situated ata distance greater than a distance to be determined from the place wherethe butter was in store.
3. Aid for private storage shall be granted for:
— cream,
— unsalted butter produced from cream or milk in an approved undertaking
of the Community of a minimum butterfat content, by weight, of 82 %and a maximum water content, by weight, of 16 %,
— salted butter produced from cream or milk in an approved undertaking of
the Community of a minimum butterfat content, by weight, of 80 %, amaximum water content, by weight, of 16 % and a maximum salt content,
by weight, of 2 %.
The butter shall be classified according to national quality grades to be
determined and shall be marked accordingly.
The aid shall be fixed in the light of storage costs and the likely trend in prices
for fresh butter and butter from stocks. Where, at the time of removal fromstorage, an adverse change unforeseeable at the time of entry into storage has
occured on the market, the aid may be increased.
Private storage aid shall be subject to the drawing-up of a storage contract
concluded, in accordance with provisions to be laid down, by the intervention
agency of the Member State on whose territory the cream or butter qualifying
for the aid is stored.
Where the market situation so requires, the Commission may decide to
remarket some or all of the cream or butter covered by private storage
contracts.
4. Butter bought in by the intervention agencies shall be disposed of at a
minimum price and under conditions to be determined so as to avoid
disturbing the balance on the market and to ensure purchasers equal treatmentand access to the butter to be sold. Where the butter put up for sale is intendedfor export, special conditions may be laid down to ensure that the product is
not diverted from its destination and to take account of requirements specific
to such sales.!B1999R1255 — EN — 01.01.2001 — 003.001 — 8
For butter kept in public storage which cannot be disposed of during a milk
year under normal conditions, special measures may be taken. Wherewarranted by such measures, special measures shall also be taken with a viewto maintaining possibilities of disposing of products which were subject to aid
as referred to in paragraph 3.
5. The intervention arrangements shall be applied so as to:— maintain the competitive position of butter on the market,
— safeguard the original quality of the butter as far as possible,
— ensure storage as rationally as possible.6. For the purposes of this Article:
— ‘milk’ shall mean cow’ s milk produced in the Community,
— ‘cream’ shall mean cream obtained directly and exclusively from milk.
Article 7
1. The intervention agency designated by each of the Member States shall,
under conditions to be determined, buy in at the intervention price top quality
skimmed milk powder made by the spray process and obtained in an approved
undertaking in the Community, directly and exclusively from skimmed milk,which is offered to it during the period from 1 March to 31 August and which:
— meets a minimum protein content of 35,6 % by weight of the non-fatty
dry extract,
— meets preservation requirements to be laid down,— meets conditions to be determined as regards the minimum quantity and
packaging.
However, intervention agencies shall also buy in skimmed milk powder whose
protein content is at least 31,4 % and less than 35,6 %, of the non-fatty dry
extract, provided that the other provisions laid down in the first subparagraph
above are met. In that case, the buying-in price shall be equal to theintervention price less 1,75 % for each percentage point by which the proteincontent is lower than 35,6 %.
The intervention price shall be that in force on the day of manufacture of the
skimmed milk powder and shall apply to skimmed milk powder delivered tothe store designated by the intervention agency. Flat-rate transport costs shall
be borne, under conditions to be fixed, by the intervention agency if the
skimmed milk powder is delivered to a store situated at a distance greater thana distance to be determined from the place where the skimmed milk powderwas in store.
The skimmed milk powder may only be stored in stores meeting conditions to
be fixed.
2. The Commission may suspend the buying in of skimmed-milk powder
provided for in paragraph 1 as soon as the quantities offered for intervention
in the period from 1 March to 31 August each year exceed 109 000 tonnes.
In that case buying-in by the intervention agencies may be carried out under
an open standing invitation to tender on the basis of specifications to be
determined.
3. Aid for the private storage of skimmed milk powder of top quality,
obtained in an approved undertaking in the Community directly and
exclusively from skimmed milk may be granted, in particular, if trends in
prices and stocks of the products indicate a serious imbalance in the marketwhich could be avoided or reduced by means of seasonal storage. In order tobe eligible for aid, the skimmed milk powder must meet conditions to be
fixed.
The aid shall be fixed in the light of storage costs and the likely trend in prices
for skimmed milk powder.
Private storage aid shall be subject to the drawing-up of a storage contract
concluded, in accordance with provisions to be laid down, by the interventionagency of the Member State on whose territory the skimmed milk powder
qualifying for the aid is stored. Where the market situation so requires, the
Commission may decide to remarket some or all of the skimmed milk powdercovered by private storage contracts.!B1999R1255 — EN — 01.01.2001 — 003.001 — 9
4. Skimmed milk powder bought in by the intervention agency shall be
disposed of, at a minimum price and under conditions to be determined so asto avoid disturbing the balance on the market and to ensure purchasers equaltreatment and access to the skimmed milk powder to be sold.
Where the skimmed milk powder put up for sale is intended for export,
special conditions may be laid down to ensure that the product is not diverted
from its destination and to take account of requirements specific to such sales.
For skimmed milk powder kept in public storage which cannot be disposed of
during a milk year under normal conditions, special measures may be taken.
5. Within the meaning of this Article, ‘skimmed milk’ shall mean skimmed
milk obtained directly and exclusively from cow’ s milk produced in theCommunity.
Article 8
1. Under conditions to be determined, aid shall be granted for the private
storage of:
(a) Grana Padano cheese at least nine months old;(b) Parmigiano Reggiano cheese at least 15 months old;(c) Provolone cheese at least three months old;if these cheeses reach certain standards.
2. The amount of private storage aid shall be fixed taking account of storage
costs and the likely trend of market prices.
3. The intervention agency designated by the Member State in which the
said cheeses are produced and qualify to bear the designation of origin shallimplement the measures taken pursuant to paragraph 1.
The granting of private storage aid shall be subject to the conclusion of a
storage contract with the intervention agency. The contract shall be drawn up
under conditions to be determined.
Where the market situation so requires, the Commission may decide that the
intervention agency will remarket some or all of the cheese stored.
Article 9
1. Private storage aid may be granted for longkeeping cheeses and for
cheeses which are manufactured from sheep and/or goat’ s milk and require atleast six months for maturing, if for those cheeses price developments and the
stock situation indicate a serious imbalance of the market which may be
eliminated or reduced by seasonal storage.
2. The amount of aid shall be fixed with reference to storage costs and the
balance to be maintained between cheeses for which aid is granted and othercheeses coming on the market.
3. Should the situation of the Community market so require, the
Commission may decide to remarket some or all of the cheeses covered by
private storage contracts.
4. If, at the time the storage contract expires, the level of market prices for
cheeses in store is higher than that prevailing when the contract was signed, adecision may be taken to adjust the amount of aid accordingly.
Article 10
There shall be adopted in accordance with the procedure laid down in
Article 42:
(a) the detailed rules for the application of this chapter and, in particular,
those for establishing the market prices for butter;
(b) the amounts of aid for private storage referred to in this chapter;(c) the other decisions and measures which may be taken by the Commission
under this chapter.!B1999R1255 — EN — 01.01.2001 — 003.001 — 10
CHAPTER III
Marketing measures
Article 11
1. Aid shall be granted for skimmed milk and skimmed-milk powder
intended for use as feedingstuffs, if these products reach certain standards.
For the purposes of this Article, buttermilk and buttermilk powder shall be
regarded as skimmed milk and skimmed-milk powder.
2. Aid amounts shall be fixed taking into account the following factors:— the intervention price for skimmed-milk powder,— development of the supply situation as regards skimmed-milk and
skimmed-milk powder, and developments in the use thereof as feed,
— trends in calf prices,— trends in the market prices for competing proteins as compared with
those for skimmed-milk powder.
Article 12
1. Under the conditions determined in accordance with paragraph 2, aid
shall be granted for Community-produced skimmed milk processed into
casein and caseinates, if such milk and the casein or caseinates produced from
it reach certain standards.
2. The aid may vary, according to whether the skimmed milk is processed
into casein or caseinates and according to the quality of those products.
Aid shall be fixed taking into account the following factors:— the intervention price for skimmed-milk powder, or the market price for
first-quality spray-process skimmed-milk powder, if that price exceedsthe intervention price,
— the market prices for casein and caseinates on the Community and world
markets.
Article 13
1. When surpluses of milk products build up, or are likely to occur, the
Commission may decide that aid shall be granted to enable cream, butter andconcentrated butter to be purchased at reduced prices:
(a) by non-profit making institutions and organisations;(b) by military forces and units of comparable status in the Member States;(c) by manufacturers of pastry products and ice-cream;(d) by manufacturers of other foodstuffs to be determined;(e) for the direct consumption of concentrated butter.
Article 14
1. Community aid shall be granted for supplying to pupils in educational
establishments certain processed milk products falling within CN codes 0401,0403, 0404 90 and 0406 or CN code 2202 90.
2. In addition to Community aid, Member States may grant national aid for
supplying the products specified in paragraph 1 to pupils in educational
establishments. Member States may finance their national aid by means of alevy on the dairy sector or by any other contribution from the dairy sector.
3. In the case of whole milk, the Community aid shall be equal to 75 % of
the target price for milk. In the case of other milk products, the amounts of aid
shall be determined taking into account the milk components of the products
concerned.
4. The aid referred to in paragraphs 1 shall be granted on a maximum
quantity of 0,25 litre of milk equivalent per pupil and per day.!B
!M3
!B1999R1255 — EN — 01.01.2001 — 003.001 — 11
Article 15
The following shall be adopted in accordance with the procedure laid down in
Article 42:
(a) the detailed rules for the application of this chapter and, in particular, the
conditions under which the aids set out therein may be granted,
(b) the amounts of the aids referred to in this chapter,
(c) the lists of products referred to in Article 13(d) and Article 14(1),
(d) the other decisions and measures that may be adopted by the Commission
under this chapter.
CHAPTER IV
Direct payments
Article 16
1. Producers shall qualify for a dairy premium. It shall be granted per
calendar year, per holding and per tonne of individual reference quantityeligible for premium and available on the holding.
2. The premium amount per tonne of individual reference quantity eligible
for premium shall be set at:
— EUR 5,75 for the calendar year 2005,— EUR 11,49 for the calendar year 2006,— EUR 17,24 for the calendar year 2007 and the subsequent calendar years.
3. The individual reference quantity eligible for premium shall be equal to
the individual reference quantity for milk available on the holding on31 March of the calendar year concerned, without prejudice to reductionsresulting from the application of subparagraph 2. Individual reference
quantities which have been the subject of temporary transfers in accordance
with Article 6 of Regulation (EEC) No 3950/92 on 31 March of the calendaryear concerned shall be deemed to be available on the holding of thetransferee for that calendar year.
Where, on 31 March of a calendar year, the sum of all individual reference
quantities in a Member State exceeds the sum of the corresponding totalquantities of that Member State set out in Article 3(2) of Regulation (EEC)No 3950/92 for the 12 month period 1999/2000, the Member State concerned
shall, on the basis of objective criteria, take the necessary steps to reduce
accordingly the total amount of individual reference quantities eligible forpremium on its territory for the calendar year concerned.
4. For the purposes of this chapter, the definitions of ‘producer’ and
‘holding’ laid down in Article 9 of Regulation (EEC) No 3950/92 shall apply.
Article 17
1. Member States shall, on a yearly basis, make additional payments to
producers in their territory totalling the global amounts set out in Annex I.
Such payments shall be made according to objective criteria including, inparticular, the relevant production structures and conditions, and in such a wayas to ensure equal treatment between producers and to avoid market and
competition distortions. Moreover, such payments shall not be linked to
fluctuations of market prices.
2. Additional payments may be made in the form of premium supplements
(Article 18) and/or area payments (Article 19).
Article 18
1. Premium supplements may only be granted as a supplementary amount
per premium amount as set out in Article 16(2).
2. The total amount of dairy premium and premium supplement, which may
be granted per premium amount per tonne of individual reference quantity
eligible for premium, shall not exceed:
— EUR 13,9 per tonne for the calendar year 2005,!B1999R1255 — EN — 01.01.2001 — 003.001 — 12
— EUR 27,8 per tonne for the calendar year 2006,
— EUR 41,7 per tonne for the calendar year 2007 and subsequent calendar
years.
Article 19
1. Area payments shall be granted per hectare of permanent pasture:
(a) which is available to a producer during the calendar year concerned;
(b) which is not used to comply with the specific stocking density
requirements referred to in Article 15(3) of Council Regulation (EC)
No 1254/1999 of 17 May 1999 on the common organisation of the marketin beef and veal (
1); and
(c) in respect of which no payments under the support system laid down for
producers of certain arable crops, under the aid system for dried fodderand under Community aid schemes for other permanent or horticultural
crops are claimed for the same year.
The area of permanent pasture in a region for which area payments may be
granted shall not exceed the relevant regional base area.
2. The regional base areas shall be established by Member States in
accordance with Article 17 of Regulation (EC) No 1254/1999.
3. The maximum area payment per hectare which may be granted, including
area payments pursuant to Article 17 of Regulation (EC) No 1254/1999, shall
not exceed EUR 350 for the calendar year 2005 and the subsequent calendaryears.
Article 20
1. Before 1 January 2005, Member States shall provide the Commission
with detailed information on their national arrangements concerning thegranting of additional payments. Any changes of these arrangements shall becommunicated to the Commission not later than one month following
adoption.
2. Before 1 April 2007, Member States shall submit to the Commission
detailed reports on the implementation of Articles 17 to 19.
Before 1 January 2008, the Commission shall evaluate the implementation of
Articles 17 to 19 and examine the distribution of Community funds between
Member States as provided for in Annex I. If necessary, the Commission shallmake appropriate proposals to the Council.
Article 21
Direct payments under this chapter shall be made, after verification of
entitlement to payment, from 16 October of the calendar year concerned and,save in duly justified exceptional cases, no later than 30 June of the following
year.
Article 22
The amounts of the direct payments set out in this chapter may be changed in
the light of developments in production, productivity and the markets,
according to the procedure laid down in Article 37(2) of the Treaty.
Article 23
Where, by or on the basis of Community law, the administration of bovine
somatrophin to dairy cows is not authorised or where the availability of that
substance on farms is regulated otherwise, the Commission shall, inaccordance with the procedure laid down in Article 42, adopt measureswhich shall be analogous to those provided for in Article 23 of Regulation
(EC) No 1254/1999.!B
(1) See page 21 of this Official Journal.1999R1255 — EN — 01.01.2001 — 003.001 — 13
Article 24
Detailed rules for the application of this chapter shall be adopted by the
Commission in accordance with the procedure laid down in Article 42.
Article 25
The expenditure incurred in granting the direct payments provided for in this
chapter shall be considered as relating to intervention measures within the
meaning of Article 2(2) of "C2Regulation (EC) No 1257/1999 3.
TITLE II
TRADE WITH THIRD COUNTRIES
Article 26
1. Imports into the Community of any of the products listed in Article 1
shall be subject to the presentation of an import licence. Exports from the
Community of any such products may be made subject to presentation of an
export licence.
2. Licences shall be issued by Member States to any applicant, irrespective
of his place of establishment in the Community and without prejudice to the
measures taken for the application of Articles 29, 30 and 31.
Import and export licences shall be valid throughout the Community. Such
licences shall be issued subject to the lodging of a security guaranteeing that
the products are imported or exported during the term of validity of the
licence; except in cases of force majeure , the security shall be forfeited in
whole or in part if import or export is not carried out, or is carried out only
partially, within that period.
3. The following shall be adopted by the Commission in accordance with
the procedure laid down in Article 42:
(a) the list of products in respect of which export licences are required;
(b) the term of validity of the licences; and(c) the other detailed rules for the application of this Article.
Article 27
Unless this Regulation provides otherwise, the rates of duty in the Common
Customs Tariff shall apply to the products listed in Article 1.
Article 28
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed inArticle 1, imports of one or more of such products at the rate of duty referred
to in Article 27 shall be subject to payment of an additional import duty if the
conditions set out in Article 5 of the Agreement on Agriculture concluded inaccordance with Article 300 of the Treaty in the framework of the UruguayRound of multilateral trade negotiations have been fulfilled unless the imports
are unlikely to disturb the Community market, or where the effects would be
disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed shall
be those which are forwarded by the Community to the World Trade
Organisation.
The trigger volumes to be exceeded in order to have the additional import
duty imposed shall be determined particularly on the basis of imports into the
Community in the three years preceding the year in which the adverse effectsreferred to in paragraph 1 arise or are likely to arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative prices
for the product on the world market or on the Community import market forthat product.!B1999R1255 — EN — 01.01.2001 — 003.001 — 14
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 42. Suchdetailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied under the
terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.
Article 29
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in accordance with Article 300 of the Treaty or from
any other act of the Council shall be opened and administered in accordancewith detailed rules adopted under the procedure laid down in Article 42.
2. Quotas may by administered by applying one of the following methods or
a combination of them:
— method based on the chronological order of the lodging of applications
(using the ‘first come, first served’ principle),
— method of distribution in proportion to the quantities requested when the
applications were lodged (using the ‘simultaneous examination’ method),
— method based on taking traditional trade patterns into account (using the
‘traditional importers/new arrivals’ method).
Other appropriate methods may be adopted.
They shall avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate, give due
weight to the supply requirements on the Community market and the need to
safeguard the equilibrium of that market, whilst at the same time possiblydrawing on methods which may have been applied in the past to quotascorresponding to those referred to in paragraph 1, without prejudice to the
rights resulting from agreements concluded in the framework of the Uruguay
Round trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for annual
quotas, suitably phased over the year, if necessary, to be opened, determine theadministrative method to be applied and, where appropriate, include
provisions regarding:
(a) guarantees covering the nature, provenance and origin of the product;
(b) recognition of the document used for verifying the guarantees referred to
in (a); and
(c) the conditions under which import licences are issued and their term of
validity.
Article 30
1. Where an agreement concluded in accordance with Article 300 of the
Treaty provides for the total or partial management of a tariff quota opened bya third country for the products referred to in Article 1, the management
method to be applied and detailed rules relating to that method shall be
adopted in accordance with the procedure provided for in Article 42.
2. Quotas may be managed using one of the following methods or a
combination thereof:
— order in which applications are submitted (‘first come, first served’
basis),
— allocation in proportion to quantities requested when applications are
submitted (‘simultaneous examination’ method),
— traditional trade flows (‘traditional importers/new arrivals’ method).Other appropriate methods may by adopted, in particular ones which
guarantee the full use of the possibilities available under the quota concerned.
They shall avoid any discrimination between the operators concerned.!B1999R1255 — EN — 01.01.2001 — 003.001 — 15
Article 31
1. To the extent necessary to enable the products listed in Article 1 to be
exported without further processing or in the form of goods listed in Annex IIif they are products listed in Article 1(a), (b), (c), (d), (e) and (g), on the basis
of prices for those products in world trade and within the limits resulting from
agreements concluded in accordance with Article 300 of the Treaty, thedifference between those prices and prices in the Community may be coveredby export refunds.
Export refunds on the products listed in Article 1 in the form of goods listed
in the Annex II may not be higher than those applicable to such products
exported without further processing.
2. The method to be adopted for the allocation of the quantities which may
be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the market
in question, allowing the most efficient possible use of the resourcesavailable, account being taken of the efficiency and structure of
Community exports without, however, creating discrimination between
large and small operators;
(b) is least cumbersome administratively for operators, account being taken
of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.
They may vary according to destination, where the world market situation or
the specific requirements of certain markets make this necessary.
Refunds shall be fixed by the Commission in accordance with the procedure
laid down in Article 42. Refunds may be fixed:
(a) at regular intervals;
(b) by invitation to tender for products for which that procedure was provided
for in the past.
Except where fixed by tender, the list of products on which an export refund is
granted and the amount of such refund shall be fixed at least once every four
weeks. The amount of the refund may, however, remain at the same level formore than four weeks and may, where necessary, be adjusted in the
intervening period by the Commission at the request of a Member State or on
its own initiative. However, for products listed in Article 1 and exported in theform of goods listed in Annex II to this Regulation, the refund may be fixedaccording to another timetable determined in accordance with the procedure
referred to in Article 16 of Council Regulation (EC) No 3448/93 (
1).
4. The following shall be taken into account when refunds are being fixed
for the products listed in Article 1 and exported without further processing:
(a) the existing situation and future trends with regard to:
— prices and availabilities of milk and milk products on the Community
market,
— prices of milk and milk products on the world market;
(b) the most favourable marketing costs and transport costs from Community
markets to Community ports or other places of export together withforwarding costs to the countries of destination; demand on the
Community market;
(c) the objectives of the common organisation of the markets in milk and
milk products, which are to ensure a balanced situation and natural
development regarding prices and trade on these markets;
(d) limits resulting from agreements concluded in accordance with
Article 300 of the Treaty;
(e) the importance of avoiding disturbances on the Community market;
(f) the economic aspect of the proposed exports.!B
(1) OJ L 318, 20.12.1993, p. 31.1999R1255 — EN — 01.01.2001 — 003.001 — 16
Account shall also be taken in particular of the need to establish a balance
between the use of Community basic agricultural products for export asprocessed goods to third countries, and the use of products from thosecountries admitted for inward processing.
5. For the products referred to in Article 1 and exported as such:
(a) the prices in the Community referred to in paragraph 1 shall be
determined taking account of the prices prevailing which prove to be themost favourable as regards export;
(b) the prices on the world market referred to in paragraph 1 shall be
determined taking account in particular of:
— the prices on third-country markets,
— the most favourable prices in third countries of destination for
third-country imports,
— producer prices recorded in exporting third countries, account being
taken, where appropriate, of subsidies granted by those countries,
— free-at-frontier offer prices.
6. Refunds shall be granted for the products referred to in paragraph 1 and
exported as such only on application and on presentation of the relevant
export licence.
7. The refund applicable to exports of products listed in Article 1 and
exported as such shall be that applicable on the day of application for the
licence and, in the case of a differentiated refund, that applicable on the same
day for:
(a) the destination indicated on the licence, or where appropriate;(b) the actual destination if it differs from the destination indicated on the
licence. In that case, the amount applicable may not exceed the amount
applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be made to apply to products listed in Article 1
and exported in the form of goods listed in Annex II in accordance with the
procedure laid down in Article 16 of Regulation (EC) No 3448/93.
9. Paragraphs 6 and 7 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, in accordancewith the procedure laid down in Article 42.
10. The refund shall be paid upon proof that:— the products are of Community origin,
— the products have been exported from the Community, and
— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for which arefund was fixed, without prejudice to paragraph 7(b). Exceptions may bemade to this rule in accordance with the procedure laid down in
Article 42, provided conditions are laid down which offer equivalent
guarantees.
11. Without prejudice to paragraph 10, first indent, in the absence of a
derogation granted in accordance with the procedure laid down in Article 42,
no export refund shall be granted on products which are imported from third
countries and re-exported to third countries.
12. As regards the products referred to in Article 1 and exported in the form
of the goods listed in Annex II to this Regulation, paragraphs 10 and 11 shall
apply only to goods falling within the following CN codes:
— 0405 20 30 (dairy spreads with a fat content between 60 and 75 %),— 1806 90 60 to 1806 90 90 (certain products containing cocoa),— 1901 (certain food preparations of flour, etc.),— 2106 90 98 (certain food preparations not elsewhere specified),having a high milk-product content.!B1999R1255 — EN — 01.01.2001 — 003.001 — 17
13. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 300 of the Treaty shall be ensured onthe basis of the export certificates issued for the reference periods providedfor therein and applicable to the products concerned. With regard to
compliance with the obligations arising under the Agreement on Agriculture,
the ending of a reference period shall not affect the validity of export licences.
14. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated or unused exportable quantities,and any amendments to Annex II shall be adopted by the Commission inaccordance with the procedure laid down in Article 42. However, the detailed
rules on the application of paragraphs 8, 10, 11 and 12 for products referred to
in Article 1 and exported in the form of goods listed in Annex II to thisRegulation shall be adopted in accordance with the procedure laid down inArticle 16 of Regulation (EC) No 3448/93.
Article 32
1. To the extent necessary for the proper working of the common
organisation of the market in milk and milk products, the Council, actingby a qualified majority, on a proposal from the Commission, may, in special
cases, prohibit in whole or in part the use of inward processing arrangements
in respect of products listed in Article 1 which are intended for themanufacture of products listed in that Article or of goods listed in Annex II to
this Regulation.
2. By way of derogation from paragraph 1, if the situation referred to in
paragraph 1 arises with exceptional urgency and the Community market is
disturbed or is liable to be disturbed by the inward processing arrangements,
the Commission shall, at the request of a Member State or on its owninitiative, decide upon the necessary measures; the Council and the MemberState shall be notified of such measures, which shall be valid for no more than
six months and shall be immediately applicable. If the Commission receives a
request from a Member State, it shall take a decision thereon within a weekfollowing receipt of the request.
3. Measures decided on by the Commission may be referred to the Council
by any Member State within a week of the day on which they were notified.The Council, acting by a qualified majority, may confirm, amend or repeal the
Commission Decision.
If the Council has not acted within three months, the Commission Decision
shall be deemed to have been repealed.
Article 33
1. The general rules for the interpretation of the Combined Nomenclature
and the special rules for its application shall apply to the tariff classificationof products covered by this Regulation; the tariff nomenclature resulting from
the application of this Regulation shall be incorporated in the Common
Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions adopted
pursuant thereto, the following shall be prohibited in trade with thirdcountries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 34
1. Where, for one or more of the products listed in Article 1, the
free-at-frontier price significantly exceeds the level of Community prices and
where that situation is likely to continue, thereby disturbing or threatening to
disturb the Community market, the measures provided for in paragraph 5 maybe taken.!B
!M1
!B1999R1255 — EN — 01.01.2001 — 003.001 — 18
2. A significant excess within the meaning of paragraph 1 shall exist when
the free-at-frontier price exceeds the intervention price fixed for the productin question, increased by 15 %, or, as regards products for which there is nointervention price, a price derived from the intervention price, to be
determined in accordance with the procedure laid down in Article 42, taking
account of the nature and composition of the product in question.
3. The situation in which the free-at-frontier price significantly exceeds the
level of prices is likely to continue when an imbalance exists between supplyand demand and that imbalance is likely to continue, in view of foreseeable
trends in production and market prices.
4. The Community market is disturbed or under threat of disturbance by the
situation referred to in this Article when the high level of prices ininternational trade:
— hinders imports of milk products into the Community, or— causes milk products to leave the Community,so that security of supply is no longer ensured or threatens to be no longer
ensured in the Community.
5. Where the conditions listed in paragraphs 1 to 4 are met, total or partial
suspension of the import duties and/or collection of export charges may be
decided on in accordance with the procedure laid down in Article 42. Detailed
rules for the application of this Article shall, if necessary, be adopted by theCommission in accordance with the same procedure.
Article 35
1. If, by reason of imports or exports, the Community market in one or more
of the products listed in Article 1 is affected by, or is threatened with, serious
disturbance likely to jeopardise the achievement of the objectives set out in
Article 33 of the Treaty, appropriate measures may be applied in trade withthird countries until such disturbance or threat of disturbance has ceased.
The Council, acting by a qualified majority, on a proposal from the
Commission, shall adopt general rules for the application of this paragraph
and shall define the cases in which and the limits within which Member States
may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon thenecessary measures; the Member States shall be notified of such measures,
which shall be immediately applicable. If the Commission receives a request
from a Member State, it shall take a decision thereon within three workingdays following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on which
they were notified. The Council shall meet without delay. It may, acting by a
qualified majority, amend or repeal the measure in question within one monthfollowing the day on which it was referred to the Council.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 300(2) of the Treaty.
TITLE III
GENERAL PROVISIONS
Article 36
In order to take account of the restrictions on free circulation which may
result from the application of measures for combating the spread of diseasesin animals, exceptional measures of support for the market affected by those
restrictions may be taken in accordance with the procedure laid down in
Article 42. Those measures may only be taken in so far as, and for as long as,is strictly necessary for the support of that market.!B1999R1255 — EN — 01.01.2001 — 003.001 — 19
Article 37
Save as otherwise provided in this Regulation, Articles 87, 88 and 89 of the
Treaty shall apply to the production of and trade in the products listed in
Article 1.
Article 38
1. Subject to the provisions of Article 87(2) of the Treaty, aids the amount of
which is fixed on the basis of the price or quantity of products listed in
Article 1 shall be prohibited.
2. National measures permitting equalisation between the prices of products
listed in Article 1 shall also be prohibited.
Article 39
Without prejudice to the application of Articles 87, 88 and 89 of the Treaty, a
Member State may impose a promotional levy on its milk producers in respect
of marketed quantities of milk or milk equivalent in order to finance the
measures on promoting consumption in the Community, expanding themarkets for milk and milk products and improving quality.
Article 40
Member States and the Commission shall communicate to each other the
information necessary for implementing this Regulation. Rules for thecommunication and distribution of such information shall be adopted by the
Commission in accordance with the procedure laid down in Article 42.
Article 41
A Management Committee for Milk and Milk Products (hereinafter called the
‘committee’) shall be established, composed of representatives of Member
States and chaired by a representative of the Commission.
Article 42
1. Where the procedure laid down in this Article is to be followed, the
chairman shall refer the matter to the committee either on his own initiative or
at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver its opinion on
the draft within a time limit which the chairman may lay down according tothe urgency of the matter. The opinion shall be delivered by the majority laiddown in Article 205(2) of the Treaty in the case of decisions which the
Council is required to adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the committee shall beweighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immediately.
However, if these measures are not in accordance with the opinion of thecommittee, they shall be communicated by the Commission to the Council
forthwith. In that event the Commission may defer application of the
measures which it has decided for not more than one month from the date ofsuch communication.
The Council, acting by a qualified majority, may take a different decision
within one month.
Article 43
The committee may consider any other question referred to it by its chairman
either on his own initiative or at the request of the representative of a MemberState.
Article 44
This Regulation shall be so applied that appropriate account is taken, at the
same time, of the objectives set out in Articles 33 and 131 of the Treaty.!B1999R1255 — EN — 01.01.2001 — 003.001 — 20
Article 45
"C2Regulation (EC) No 1258/2000 3 and the provisions adopted in
implementation thereof shall apply to the products listed in Article 1.
TITLE IV
TRANSITIONAL AND FINAL PROVISIONS
Article 46
1. Regulations (EEC) No 804/68, (EEC) No 986/68, (EEC) No 987/68,
(EEC) No 508/71, (EEC) No 1422/78, (EEC) No 1723/81, (EEC) No 2990/82,
(EEC) No 1842/83, (EEC) No 865/84 and (EEC) No 777/87 are hereby
repealed.
2. References to Regulation (EEC) No 804/68 shall be construed as
references to this Regulation and should be read in accordance with thecorrelation table in Annex III.
Article 47
The Commission shall adopt, in accordance with the procedure laid down in
Article 42:
— the measures required to facilitate the transition from the arrangements
provided in Regulation (EEC) No 804/68 to those established by this
Regulation,
— the measures required to resolve specific practical problems. Such
measures — if duly justified — may derogate from certain parts of this
Regulation.
Article 48
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply as from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1999R1255 — EN — 01.01.2001 — 003.001 — 21
ANNEX I
ADDITIONAL P AYMENTS: GLOBAL AMOUNTS REFERRED TO IN
ARTICLE 17
(expressed in EUR million)
2005 20062007 and
subsequent
calendar years
Belgium 8,6 17,1 25,7
Denmark 11,5 23,0 34,5Germany 72,0 144,0 216,0
Greece 1,6 3,3 4,9
Spain 14,4 28,7 43,1France 62,6 125,3 187,9
Ireland 13,6 27,1 40,7
Italy 25,7 51,3 77,0Luxembourg 0,7 1,4 2,1
Netherlands 28,6 57,2 85,8
Austria 7,1 14,2 21,3Portugal 4,8 9,7 14,5Finland 6,2 12,4 18,6
Sweden 8,5 17,1 25,6
United Kingdom 37,7 75,4 113,1!
B1999R1255 — EN — 01.01.2001 — 003.001 — 22
ANNEX II
CN code Description of goods
ex 0405 Butter and other fats and oils derived from milk; dairy
spreads:
0405 20 – Dairy spreads
0405 20 10 – – of a fat content, by weight, of 39 % or more but less than
60 %
0405 20 30 – – – of a fat content, by weight, of 60 % or more but not
exceeding 75 %
ex 1517 Margarine; edible mixtures or preparations of animal or
vegetable fats or oils or fractions of different fats or oils ofthis chapter, other than edible fats or oils or their fractions ofCN code 1516:
1517 10 – Margarine, excluding liquid margarine:
1517 10 10 – – containing more than 10 % but not more than 15 % by
weight of milk fats
1517 90 – Other:
1517 90 10 – – containing more than 10 % but not more than 15 % by
weight of milk fats
ex 1704 Sugar confectionery (including white chocolate), not contain-
ing cocoa:
ex 1704 90 – Other, excluding liquorice extract containing more than
10 % by weight of sucrose but not containing other addedsubstances
ex 1806 Chocolate and other food preparations containing cocoa,
excluding cocoa powder sweetened solely by the addition ofsucrose of CN code 1806 10
ex 1901 Malt extract; food preparations of flour, meal, starch or malt
extract, not containing cocoa or containing less than 40 % byweight of cocoa calculated on a totally defatted basis, notelsewhere specified or included; food preparations of goodsof CN codes 0401 to 0404, not containing cocoa or containing
less than 5 % by weight of cocoa calculated on a totally
defatted basis, not elsewhere specified or included:
1901 10 00 – Preparations for infant use, put up for retail sale1901 20 00 – Mixes and doughs for the preparation of bakers’ wares of
CN code 1905
1901 90 – other:
– – other:
1901 90 99 – – – other
ex 1902 Pasta, whether or not cooked or stuffed (with meat or other
substances) or otherwise prepared, such as spaghetti,macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni;couscous, whether or not prepared:
– Uncooked pasta not stuffed or otherwise prepared:
1902 19 – – other1902 20 – Stuffed pasta, whether or not cooked or otherwise
prepared:
– – other:
1902 20 91 – – – Cooked1902 20 99 – – – other
1902 30 – other pasta!
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CN code Description of goods
1902 40 – Couscous:
1902 40 90 – – Other1904 Prepared food obtained by the swelling or roasting of cereals
or cereal products (for example, cornflakes); cereals (other
than maize (corn)) in grain form or in the form of flakes orother worked grains (except flour and meal), pre-cooked orotherwise prepared, not elsewhere specified or included
1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether
or not containing cocoa; communion wafers, empty cachets
of a kind suitable for pharmaceutical use, sealing wafers, ricepaper and similar products:
1905 10 00 Crispbread
1905 20 – Gingerbread and the like
1905 30 – Sweet biscuits; waffles and wafers1905 40 – Rusks, toasted bread and similar toasted products1905 90 – other:
– – other:
1905 90 40 – – – Waffles and wafers with a water content exceeding
10 % by weight
1905 90 45 – – – Biscuits
1905 90 55 – – – Extruded or expanded products, savoury or salted1905 90 60 – – – – with added sweetening matter
1905 90 90 – – – – other
ex 2004 Other vegetables prepared or preserved otherwise than by
vinegar or acetic acid, frozen, other than products of headingNo 2006:
2004 10 – Potatoes:
– – other:
2004 10 91 – – – in the form of flour, meal or flakes
ex 2005 Other vegetables prepared or preserved otherwise than by
vinegar or acetic acid, not frozen, other than products of
heading No 2006:
2005 20 – Potatoes:2005 20 10 – – in the form of flour, meal or flakes
2105 00 Ice cream and other edible ice, whether or not containing
cocoa
ex 2106 Food preparations not elsewhere specified or included:
2106 90 – Other:
2106 90 10 – – Cheese fondues
– – Other:
2106 90 92 – – – Containing no milk fats, sucrose, isoglucose, glucose
or starch or containing, by weight, less than 1,5 %
milk fat, 5 % sucrose or isoglucose, 5 % glucose orstarch
2106 90 98 – – – Other
ex 2202 Waters, including mineral waters and aerated waters, contain-
ing added sugar or other sweetening matter or flavoured, and
other non-alcoholic beverages, not including fruit andvegetable juices of CN code 2009:!
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CN code Description of goods
2202 90 – other:
– – other, containing by weight of fat obtained from the
products of CN codes 0401 to 0404:
2202 90 91 – – – less than 0,2 %
2202 90 95 – – – 0,2 % or more but less than 2 %2202 90 99 – – – 2 % or more
ex 2208 Undenatured ethyl alcohol of an alcoholic strength by volume
of less than 80 % vol; spirits, liqueurs and other spirituousbeverages:
2208 70 – Liqueurs and cordials
2208 90 – other:
– – other spirits and spirituous beverages, in containers
holding:
– – – two litres or less:
– – – – other:
2208 90 69 – – – – – other spirituous beverages
– – – more than two litres:
2208 90 78 – – – – other spirituous beverages
ex 3302 Mixtures of odoriferous substances and mixtures (including
alcoholic solutions) with a basis of one or more of thesesubstances, of a kind used as raw materials in industry; otherpreparations based on odoriferous substances, of a kind used
for the manufacture of beverages:
3302 10 – of a kind used in the food or drink industries:
– – of a kind used in the drink industries:
3302 10 29 – – – – – other
3501 Casein, caseinates and other casein derivatives; casein glues
ex 3502 Albumins, albuminates and other albumin derivatives:
3502 20 – Milk albumin, including concentrates of two or more whey
proteins:
– – other:
3502 20 91 – – – dried (for example in sheets, scales, flakes, powder)
3502 20 99 – – – other!
M21999R1255 — EN — 01.01.2001 — 003.001 — 25
ANNEX III
CORRELATION TABLE
Regulation (EEC) No 804/68 This Regulation
Article 1 Article 1
Article 2 Article 2
Article 3(1) and (2) Article 3(1)
Article 3(3) —Article 3(4) Article 3(2)
Article 4 —
Article 5 Article 4(1)Article 5a —
Article 5c Article 5
Article 6(2) Article 6(3)Article 6(3) Article 6(4)
Article 6(4) Article 6(5)
Article 6(6) Article 10Article 7(1) Article 7(1)
Article 7(2) Article 7(3)
Article 7(3), first subparagraph Article 7(4), first subparagraphArticle 7(3), fourth subparagraph Article 7(4), second subparagraphArticle 7(4) Article 7(5)
Article 7(5) Article 10
Article 7a —Article 8(1) to (3) Article 8(1) to (3)
Article 8(4) Article 10
Article 9(3) Article 10Article 10(1) Article 11(1)
Article 10(2) —
Article 10(3) Article 15Article 11(1) Article 12(1)
Article 11(2) —
Article 11(3) Article 15Article 12(3) Article 15
Article 13 Article 26
Article 14 Article 27Article 15 Article 28
Article 16 Article 29
Article 16a Article 30Article 17 Article 31!
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Regulation (EEC) No 804/68 This Regulation
Article 18 Article 32
Article 19 Article 33Article 20 Article 34
Article 21 Article 35
Article 22 —Article 22a Article 36
Article 23 Article 37
Article 24 Article 38Article 24a Article 39
Article 25 —
Article 26(1) and (2) Article 14(1) and (2)Article 26(4) Article 15
Article 26(5) —
Article 28 Article 40Article 29(1) Article 41
Article 29(2) —
Article 30 Article 42Article 31 Article 43
Article 32 —
Article 33 Article 44Article 34 Article 45Article 35 —
Article 36 —
Article 37(1) Article 48Annex Annex II!
B1999R1255 — EN — 01.01.2001 — 003.001 — 27