1992R1116 — EN — 01.05.1992 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 1116/92
of 30 April 1992
continuing market research measures within and outside the Community in respect of milk and
milk products
(OJ L 117, 1.5.1992, p. 79)
Corrected by:
►C1Corrigendum, OJ L 55, 6.3.1993, p. 66 (1116/92)
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COMMISSION REGULATION (EEC) No 1116/92
of 30 April 1992
continuing market research measures within and outside the
Community in respect of milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1079/77 of 17 May
1977 on a co-responsibility levy and on measures for expanding themarkets in milk and milk products(
1), as last amended by Regulation
(EEC) No 1632/91(2), and in particular Article 4 thereof,
Whereas the market research measures within and outside the
Community,firstcarriedoutpursuanttoCommissionRegulation(EEC)No723/78(
3),asamendedbyRegulation(EEC)No1223/78(4),andNo
1024/78(5) and most recently continued by Commission Regulation
(EEC)No1001/90(6),haveprovedaneffectivemeansofexpandingthe
markets in milk products within and outside the Community; whereasthey should therefore be continued in the medium term;
Whereas the research institutes, organizations and private undertakings
in the Community possessing the necessary qualifications should againbe invited to propose detailed research programmes which these organ-izations would themselves carry out;
Whereas the research institutes, organizations and private undertakings
which will be responsible for the measures must satisfy certain require-ments;whereastheactivitiesofsuchorganizationsmustnotbeliabletoclash with the aim pursued in promoting the disposal of milk productsfor direct consumption; whereas it is therefore essential that researchinstitutes,organizationsandundertakingswhoseactivitiesalsocovertheproduction, distribution or sales promotion of products which imitatemilkandmilkproductsshouldbebarredfromtheimplementationofthemeasures;
Whereas, as regards the other arrangements, the main provisions of
earlier Regulations, as amended in the light of relevant experience, maybe repeated;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk and MilkProducts,
HAS ADOPTED THIS REGULATION:
Article 1
1. Under the conditions laid down in this Regulation, encouragement
shall be given to research work designed to expand the markets forCommunity milk and milk products inside and outside the Community.
Such work may include, in particular:
(a) the search for new markets or the possibility of extending existing
markets outside the Community;
(b) analysis of market structures and their impact on demand for milk
products;
(1) OJ No L 131, 26. 5. 1977, p. 6.
(2) OJ No L 150, 15. 6. 1991, p. 23.
(3) OJ No L 98, 11. 4. 1978, p. 5.
(4) OJ No L 152, 8. 6. 1978, p. 11.
(5) OJ No L 132, 20. 5. 1978, p. 48.
(6) OJ No L 101, 21. 4. 1990, p. 26.
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(c) market surveys on substitutes for milk products, their composition
and marketing;
(d) development of analysis and inspection methods for testing protein
levels in raw milk and heat-treated milk;
(e) the development of livestock farming techniques for altering the
protein/fat ratio in the natural composition of milk;
(f) research into methods of detecting cow’s milk in sheep’s cheese,
goat’s cheese and buffalo’s cheese;
(g) studies concerning evaluation of heat treatment of milk;(h) work on the integrated quality control of milk and milk products;
(i) research into methods of detecting non-milkfats in butter and other
milkfat-based products as well as the dosage of milkfats in fatblends.
2. Measures liable to prejudice existing Community trade in milk
products with the countries concerned shall not be taken into considera-tion.
3. Themeasuresreferredtoinparagraph1shallbecompletedwithin
two years of signature of the contract referred to in Article 5 (1), in anyevent before 1 January 1995.
4. The time limit fixed in paragraph 3 shall not prevent:
(a) subsequent agreement to an extension of that limit where the party
to a contract makes the appropriate application to the competentauthority before the fixed expiry date and proves that, due toexceptional circumstances beyond his control, he is unable to meatthe deadline originally stipulated. However, this extension may notexceed six months;
(b) measures as referred to in paragraph 1 (h) implemented with effect
from the entry into force of this Regulation from qualifying forfinancing.
Article 2
1. Measures as referred to in Article 1 (1) shall be proposed and
carried out by research institutes, organizations or undertakings situatedwithin the Community and which:
(a) have the necessary qualifications and experience to carry out the
proposed measure;
(b) give suitable guarantees to ensure the satisfactory completion of the
work.
Proposals put forward by research institutes, organizations or undertak-
ings whose activities are exclusively or in part concerned with theproduction, distribution or sales promotion of products which imitatemilk and milk products shall not be taken into consideration.
2. Community financing shall be limited to 75 % of expenditure
incurred in respect of measures as referred to in Article 1 (1).
For measures as referred to in Article 1 (1) (c), (d), (f), (g), (h) and (i),
financing may be raised to 100 % if the work is of interest to the wholeCommunity.
3. Financing of general expenses incurred in carrying out the meas-
ures referred to in Article 1 shall be limited t o2%o ft h e total amount
approved, up to a maximum of ECU 10000.
Article 3
1. InterestedpartiesasreferredtoinArticle2(1)shallforwardtothe
competent authority designated by their Member State, hereinafterreferred to as the ‘competent authority',detailed proposals concerningthe measures as referred to in Article 1 (1) before 1 July 1992.
Wherethisdateisnotcompliedwith,proposalsshallbeconsiderednull
and void.
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2. Further rules for the submission of proposals shall be as set out in
the Annex.
Article 4
1. Complete proposals shall include:
(a) the name and address of the party concerned;
(b) all details concerning the research measures proposed together with
information on the time required for completion, the expectedresults and any third parties which may be involved; the proposedresearch measures must be described precisely and in detail, withreference to already existing work;
(c) the price asked for these measures, net of taxes, expressed in ecus,
giving an itemized breakdown of this amount and showing thecorresponding financing plan; the breakdown must show in partic-ular staff costs, investments, consumables, raw material costs, EDPcosts and travel costs;
(d) thedesiredformofpaymentoftheCommunityfinancinginaccord-
ance with Article 7 (1) (a) or (b);
(e) the most recent report available on the party’s activities, unless this
is already in the possession of the competent authority.
2. Proposals shall be valid only where:
(a) they are submitted by a party fulfilling the conditions laid down in
Article 2 (1);
(b) they are accompanied by an undertaking to comply with the provi-
sions of this Regulation and the implementation criteria laid downby the Commission departments and put at the disposal of theparties concerned by the competent authority. The implementationcriteria shall be attached to the contract and form an integral partthereof.
Article 5
1. Before 1 September 1992, the competent authority shall:
(a) examine all proposals submitted and any supporting documents to
check that they are in the correct form and contain the informationrequired.TheyshallensurethattheproposalscomplywithArticle4and shall ask applicants for further details if necessary;
(b) compile a list of all the proposals received and forward it to the
Commission together with copies of each proposal and a reasonedopinion indicating whether the proposal complies with the applic-able rules.
After consulting the relevant interest groups in the milk industry and
following examination of the proposals by the Management Committeefor Milk and Milk Products pursuant to Article 31 of Council Regula-tion (EEC) No 804/68(
1), the Commission shall establish as soon as
possible a list of the proposals selected for financing and determine thedate by which the competent authorities shall conclude with the inter-ested parties contracts for the measures selected.
The contracts shall be concluded in as many copies as there are signa-
tories and shall be signed by the parties concerned and the competentauthority.
For that purpose the competent authorities shall use standard contracts
to be provided by the Commission.
2. The competent authorities shall inform each applicant as soon as
possible of the decision taken in respect of his proposal.
(1) OJ No L 148, 28. 6. 1968, p. 13.
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Article 6
1. Contracts as referred to in Article 5 (1) shall include the provi-
sions referred to in Article 4 or make reference to them and supplementthose provisions, where necessary, by additional conditions.
2. The competent authorities shall:
(a) send a copy of the contract to the Commission forthwith;
(b) ensure compliance with the conditions of the contract, in particular
by means of the following checks:
— administrativechecksandauditstoverifythecostsfinancedand
compliance with the provisions on joint financing;
— checks to verify that measures are implemented in accordance
with the provisions of the contract;
— other on-the-spot checks, where necessary.
Contracting parties must be subject to at least two inspections during
the period of validity of the contract.
Article 7
1. Payment to the party concerned shall be effected in accordance
with the choice indicated in the latter’s proposal:
(a) within six weeks of the date of signature of the contract, a single
payment on account amounting to 60 % of the Community contri-bution; or
(b) at►
C1four-monthy intervals ◄, four equal instalments each
amounting to 20 % of the Community contribution, the first suchinstalment being paid within six weeks of the date of signature ofthe contract.
However, while a contract is being executed, the competent authority
may:
— defer payment of an instalment either wholly or in part where it
finds, in particular during the checks referred to in Article 6 (2),irregularitiesincarryingoutthemeasuresconcernedorasubstantialinterval between the due date for payment of the instalment and thedate when the party concerned actually incurs the forecast expendi-ture;
— in exceptional cases, pay in advance an instalment either wholly or
in part if the party concerned submits a reasoned applicationshowing that he must incur a substantial part of the expendituresignificantly earlier than the date laid down for payment of theCommunity contribution.
2. The payment of each instalment shall be conditional upon the
lodging with the competent authority of a security equal to the amountof the instalment, plus 10 %.
3. Securities shall be released and the balance shall be paid subject
to:
(a) theforwardingtotheCommissionandtothecompetentauthorityof
the report referred to in Article 8 (1) and to verification of thedetails contained in that report;
(b) confirmation by the competent authority that the party concerned
has fulfilled his obligations as laid down in the contract; and
(c) confirmation by the competent authority that the party concerned or
anythirdpartynamedinthecontracthasspenthisowncontributionfor the purposes laid down.
However, at the reasoned request of the party concerned, the balance
maybepaidafterthemeasurehasbeenexecutedandthereportreferredto in Article 8 has been forwarded, provided that securities have beenlodged which cover the total amount of the Community contributionplus 10 %.
4. In so far as the conditions set out in paragraph 3 are not fulfilled,
securities shall be forfeit. In that event, the amount in question shall bedeductedfromtheEuropeanAgriculturalGuidanceandGuaranteeFund
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(EAGGF), Guarantee Section, expenditure and more particularly fromthat arising out of the measures referred to in Article 4 of Regulation(EEC) No 1079/77.
Article 8
1. Each party responsible for one of the measures referred to in this
Regulation shall submit to the competent authority, within four monthsof the final date fixed in the contract for execution of the measures, adetailed report on the utilization of the Community funds allocated andon the foreseeable results of the measures in question. If that report issubmitted later than four months after that final date, 10 % of theCommunity contribution shall be withheld for each month commencedafter expiry of that time limit.
2. The competent authority concerned shall forward to the Commis-
sion a statement to the effect that each contract has been performedsatisfactorily together with a copy of the final report.
3. The results may only be published with the express authorization
of the Commission.
Article 9
This Regulation shall enter into force on 1 May 1992.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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MemberState Competentauthority MethodofsubmissionANNEX
InaccordancewithArticle3,interestedpartiesareherebyinformedthatproposalsaretobesent,within
the time limits laid down, to the following competent authorities, in compliance with the followingadditional conditions:
Belgium Office national du lait et de ses
dérivés,Rue Froissart 95-99,B-1040 Bruxelles.One original plus two copies by regis-tered letter or by bearer againstacknowledgement of receipt.
Denmark EF-Directoratet,Frederiksborggade 18,DK-1360 København K. Three copies by registered letter.
Germany Bundesanstalt für landwirtschaft-liche Marktordnung (BALM),Adickesallee 40,D-6000 Frankfurt am Main.Five copies by letter.
Greece Direction for the management ofagricultural products (DIDAGEP),241 Acharnon Street,104-16 Athens (Greece).Three copies by registered letter.
France Office national interprofessionnel dulait et des produits laitiers(ONILAIT),2, rue St. Charles,F-75740 Paris Cedex 15.By registered letter or by beareragainst acknowledgement of receipt.
Ireland Department of Agriculture and FoodMilk Policy Division,Floor 1 East,Agriculture House,Kildare Street,IRL-Dublin 2.Thre copies by registered letter or bybearer against acknowledgment ofreceipt.
Italy Azienda di Stato per gli interventisul mercato agricolo (AIMA),Via Palestro 81,I-00198 Roma.One original plus five copies by regis-tered letter or by bearer againstacknowledgment or receipt.
Luxembourg Administration des Services tech-niques de l’agriculture16, route d’Esch,L-1470 Luxembourg.Three copies by registered letter or bybearer against acknowledge of receipt.
Nederlands Produktschap voor Zuivel,Sir Winston Churchilllaan 275,NL-2288 EA Rijswijk (ZH). Three copies by registered letter or bybearer against acknowledgement ofreceipt.
Portugal Instituto Nacional de Intervenção eGarantia Agricola (INGA),Rua Camilo Castelo Branco, 45, 2
o,
P-1000 Lisboa.Three copies by registered letter or bybearer against acknowledgement ofreceipt.
Spain Secretaría General de Alimentación,Ministerio de Agricultura, Pesca yAlimentación,Paseo Infanta Isabel 1,E-28014 Madrid.Three copies by registered letter.
United Kingdom Intervention Board for AgriculturalProduce,Livestock Products Division,Fountain House,Queen’s Walk,GB-Reading, Berks RG1 7QW.Three copies by registered letter or bybearer against acknowledgement ofreceipt.