1999R1255 — EN — 24.10.2003 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1255/1999
of17May1999
onthecommonorganisationofthemarketinmilkandmilkproducts
(OJ L 160, 26.6.1999, p. 48)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1040/2000 of 16 May 2000 L 118 1 19.5.2000
►M2Commission Regulation (EC) No 1526/2000 of 13 July 2000 L 175 55 14.7.2000
►M3Council Regulation (EC) No 1670/2000 of 20 July 2000 L 193 10 29.7.2000
►M4Commission Regulation (EC) No 509/2002 of 21 March 2002 L 79 15 22.3.2002
►M5Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
►M6Council Regulation (EC) No 1787/2003 of 29 September 2003 L 270 121 21.10.2003
Corrected by:
►C1Corrigendum, OJ L 262, 8.10.1999, p. 23 (1255/1999)
►C2Corrigendum, OJ L 2, 5.1.2000, p. 78 (1255/1999)
▼B
COUNCILREGULATION(EC)No1255/1999
of17May1999
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 Articles36 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)Whereasthe operation and development of the common market
in agricultural products should be accompanied by the establish-ment of a common agricultural policy to include in particular acommon organisation of agricultural markets which may takevariousformsdepending on the product;
(2)Whereasthe aim of the common agricultural policy isto attainthe objectives set out in Article 33 of the Treaty; whereas, inthe milk sector, in order to stabilise markets and to ensure a
fair standard of living for the agriculture community, it is neces-
sary that the intervention agencies, based on a single pricesystem, may take intervention measures on the market includingthe buying-in of butter and skimmed milk powder and the grantof private storage aids for these products; whereas, however,
such measures should be standardised so as not to impede the
free movement of goodsin ques tion within the Community;
(3)Whereasby Council Regulation (EEC) No 3950/92 of
28 December 1992 establishing an additional levy in the milk
and milk productss ector (6), an additional levy scheme for the
market of milk and milk productswasintroduced for the purpos eof reducing the imbalance between supply and demand on themilk and milk-product market and resulting structural surpluses;whereas this scheme will apply for eight new consecutive
periodsof 12 monthscommencing on 1 April 2000;
(4)Whereas in order to stimulate the consumption of milk and milkproductswithin the Community and to improve the competitive-
ness of these products on the international markets, the level ofmarket support should be reduced, in particular, through agradual reduction of the target pricesand intervention pricesforbutter and skimmed milk powder starting from 1 July 2005;
(5)Whereas the implementation of an intervention system for buttershould maintain the competitive position of butter on the marketand provide for the most efficient possible storage; whereas the
quality requirements to be observed in respect of butter consti-
tute a determining factor for attaining these objectives; whereasbuying into intervention should take place in so far as it isnecessary to maintain the stability of the market by reference tothe market price of butter in the Member States, and should becarried out under a tendering procedure;1999R1255 — EN — 24.10.2003 — 006.001 — 2
(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 aslas t amended by Regulation (EC)
No 1256/1999 (see page 73 of this Official Journal).
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(6)Whereas, in the case of private storage aid for butter, it is appro-
priate to subject its grant to butter produced from cream and
milk of Community origin and to maintain a reference tonational quality gradesasa condition of eligibility;
(7)Whereas in addition to intervention in respect of butter and freshcream, other Community intervention measures are required toenable the best return to be obtained from milk proteins and to
support the prices of products which have special importance in
determining producer prices for milk; whereas these measuresshould take the form of buying-in of skimmed milk powder andof granting private storage aid for this product; whereas,however, the normal buying into intervention of skimmed milkpowder 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 ofCommunity funds, a minimum requirement should be set forthe protein content of skimmed-milk-powder bought into inter-vention; whereasthe content s hould be fixed taking account of
current commercial standards and in such way that it cannot act
asa criterion for exclus ion from intervention;
(9)Whereas, to contribute to balancing the milk market and to stabi-lise the market prices for milk and milk products, provisionshould be made for complementary measures increasing thepossibility of disposing of milk products; whereas these
measures should include the grant of private storage aid for
certain types of cheeses, on the one hand, and the grant of aidsfor the marketing of certain milk productswith a view tospecific uses and destinations;
(10)Whereas, in order to stimulate the consumption of milk byyoung people, provision should be made for the Community to
defray a part of 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 themilk sector, income support measures for milk producers shouldbe introduced; whereas these measures should take the form of adairy premium the level of which should develop in parallel with
the gradual reduction of market support; whereas the level of
individual income support should be calculated on the basis ofthe individual reference quantitiesof the producersconcerned;whereas, to ensure the proper application of the scheme, to takeaccount of the multilateral commitmentsof the Community andfor reasons of budget control, provision should be made for
keeping the overall income support at the level of the Member
States' total reference quantities as applicable at the entry intoforce of thisRegulation;
(12)Whereasthe conditionsfor milk production and the incomesituation of producers significantly vary in different productionareasof the Community; whereasa Community-wide s cheme
with uniform dairy paymentsto all producerswould be too rigid
to respond adequatly to structural and natural disparities and thediverse needs resulting therefrom; whereas, therefore, it is appro-priate to provide for a flexible framework of additionalCommunity paymentsto be determined and made by MemberStateswithin fixed global amountsand in accordance with
certain common criteria; whereasthe global amountss hould be
allocated to the Member Stateson the bas isof their total refer-ence quantity for milk; whereasthe common criteria areintended,inter alia, to prevent additional paymentsfrom produ-
cing discriminatory effects and to take full account of the
relevant multilateral commitmentsof the Community; whereas ,
in particular, it is essential that Member States be obliged touse their discretionary powers exclusively on the basis of objec-tive criteria, to pay full regard to the concept of equal treatmentand to avoid market and competition distortions; whereas it isappropriate to provide for the formsthat additional payments1999R1255 — EN — 24.10.2003 — 006.001 — 3
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may take; whereas these forms should be premium supplements
and area payments;
(13)Whereas premium supplements should be granted in addition to
the amountsof dairy premium granted per tonne of available
premium reference quantities; whereas it is also necessary tolimit the total amount of support which may be granted perpremium amount per year;
(14)Whereasadditional area paymentss hould only be granted for
permanent pasture which does not benefit from other Commu-
nity market support measures; whereas area payments should beapplied within the limitsof regional bas e areasof permanentpasture which should be established by Member States accordingto historical reference data; whereas the maximum amount ofarea payment which may be granted per hectare, including addi-
tional area paymentsunder the common market organis ation for
beef and veal, should be comparable with the average supportper hectare under the support system for producers of certainarable crops;
(15)Whereas, in order to achieve the desired economic impact, directpayments must be granted within certain time limits;
(16)Whereas, should the administration of bovine somatrophin todairy cows be prohibited under Community law, the Commissionshould establish penalties analogous to those foreseen in thecommon market organisation for beef and veal in the case ofuse of certain prohibited substances in beef production;
(17)Whereasthe creation of a s ingle Community market for milk
and milk productsinvolvesthe introduction of a s ingle trading
system at the external frontiers of the Community; whereas atrading system including import duties and export refunds, inaddition to the intervention measures, should, in principle, stabi-lise the Community market; whereas the trading system should
be based on the undertakings accepted under the Uruguay Round
of multilateral trade negotiations;
(18)Whereas, in order to monitor the volume of trade in milk andmilk products with third countries, provision should be madefor a system of import and export licences for certain products,which includesthe lodging of a s ecurity to guarantee that the
transactions for which such licences are granted are effected;
(19)Whereasin order to prevent or counteract advers e effectson the
Community market which could result from imports of certainagricultural products, imports of one or more such productsshould be subject to payment of an additional import duty, ifcertain conditionsare fulfilled;
(20)Whereasit isappropriate, under certain conditions , to confer onthe Commission the power to open and administer tariff quotasresulting from international agreements concluded in accordancewith the Treaty or from other actsof the Council; whereas ,moreover, the Commission should have analogous powers
concerning certain tariff quotasopened by third countries ;
(21)Whereasprovis ionsfor granting a refund on exportsto third
countries, based on the difference between prices within theCommunity and on the world market, and falling within theWTO Agreement on Agriculture (
1), should serve to safeguard
Community participation in international trade in milk and milk
products; whereas these refunds should be subject to limits in
termsof quantity and value;
(22)Whereascompliance with the limitsin termsof value s hould beensured at the time when refunds are fixed through the moni-toring of paymentsunder the rulesrelating to the EuropeanAgricultural Guidance and Guarantee Fund; whereasmonitoring1999R1255 — EN — 24.10.2003 — 006.001 — 4
(1) OJ L 336, 23.12.1994, p. 22.
▼B
can be facilitated by the compulsory advance fixing of refunds,
while allowing the possibility, in the case of differentiatedrefunds, of changing the specified destination within a geogra-
phical area to which a single refund rate applies; whereas, in
the case of a change of destination, the refund applicable to theactual destination should be paid, with a ceiling of the amountapplicable to the destination fixed in advance;
(23)Whereasens uring compliance with the quantity limitscallsfor
the introduction of a reliable and effective system of monitoring;
whereas, to that end, the granting of refunds should be madesubject to an export licence; whereas refunds should be grantedup to the limitsavailable, depending on the particular s ituationof each product concerned; whereasexceptionsto that rule
should only be permitted in the case of processed products not
listed in Annex II to the Treaty, to which volume limits do notapply, and in the case of food-aid operations, which are exemptfrom any limit; whereasmonitoring of the quantitiesexportedwith refundsduring the marketing yearsasreferred to in theWTO 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 bemade for regulating or, when the situation on the market sorequires, prohibiting the use of inward processing arrangements;
(25)Whereasit isappropriate to provide for meas uresto be takenwhen a substantial rise or fall in prices disturbs or threatens todisturb the Community market;
(26)Whereas the customs duty system makes it possible to dispensewith all other protective measures at the external frontiers of the
Community; whereas, however, the internal market and duty
mechanism could, in exceptional circumstances, prove defective;whereas, in such cases, so as not to leave the Community marketwithout defence against disturbances which may arise therefrom,the Community should be able to take all necessary measureswithout delay; whereas those measures should be in accordance
with the obligationsderived from the relevant WTO agreements ;
(27)Whereas restrictions on free movement resulting from the appli-
cation of measures intended to prevent the spread of animaldiseases could cause difficulties on the market of one or moreMember States; whereas provision should be made for the intro-
duction of exceptional market support measures in order to
remedy such situations;
(28)Whereas the establishment of a single market would be jeopar-dised by the granting of certain aids; whereas, therefore, theprovisions of the Treaty which allow the assessment of aids
granted by Member Statesand the prohibition of thos e which
are incompatible with the common market should apply in thecommon market organisation for milk and milk products;
(29)Whereas it is necessary that, as the common market in milk andmilk products develops, the Member States and the Commission
should keep each other supplied with the information necessary
for applying thisRegulation;
(30)Whereas, in order to facilitate implementation of the proposedmeasures, a procedure should be provided for establishing closecooperation between Member States and the Commission withina Management Committee;
(31)Whereasexpenditure incurred by the Member Statesasa res ultof the obligationsaris ing out of the application of thisRegula-tion should be financed by the Community in accordance withCouncil Regulation (EC) No 1258/1999 of 17 May 1999 on thefinancing of the common agricultural policy (
1);1999R1255 — EN — 24.10.2003 — 006.001 — 5
(1) See page 103 of thisOfficial Journal.
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(32)Whereasthe common organis ation of the market in milk and
milk products should take appropriate account, at the same
time, of the objectivess et out in Articles33 and 131 of theTreaty;
(33)Whereasthe common organis ation of the market in milk andmilk productslaid down in Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organisation of the marketin milk and milk products(
1) has been amended several times;
whereas, by reason of their number, their complexity and theirdispersal among several Official Journals, these texts are diffi-
cult to use and thus lack the clarity which should be an
essential feature of all legislation; whereas, under these circum-stances, they should be consolidated in a new Regulation and theaforementioned Regulation (EEC) No 804/68 should berepealed; whereas the essential rules of Council Regulations
(EEC) No 986/68 (
2), (EEC) No 987/68 (3), (EEC) No 508/
71 (4), (EEC) No 1422/78 (5), (EEC) No 1723/81 (6), (EEC)
No 2990/82 (7), (EEC) No 1842/83 (8), (EEC) No 865/84 (9) and
(EEC) No 777/87 (10) have been incorporated into thisRegula-
tion, and should therefore be repealed;
(34)Whereasthe change from the arrangementsin Regulation (EEC)No 804/68 to those in this Regulation could give rise to difficul-tieswhich are not dealt with in thisRegulation; whereas , inorder to deal with that eventuality, provision should be made
for the Commission to adopt the necessary transitional measures;
whereas the Commission should also be authorised to solvespecific 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 39Buttermilk, curdled milk and cream, yoghurt, kephir and
other fermented or acidified milk and cream, whether or
not concentrated or containing added sugar or other sweet-
ening matter not flavoured nor containing added fruit, nuts
or cocoa0403 90 11
to 691999R1255 — EN — 24.10.2003 — 006.001 — 6
(1) OJ L 148, 27.6.1968, p. 13. Regulation aslas t amended by Regulation (EC)
No 1587/96 (OJ L 206, 16.8.1996, p. 21).
(2) OJ L 169, 18.7.1968, p. 4. Regulation aslas t amended by Regulation (EC)
No 1802/95 (OJ L 174, 26.7.1995, p. 31).
(3) OJ L 169, 18.7.1968, p. 6. Regulation aslas t amended by Regulation (EEC)
No 1435/90 (OJ L 138, 31.5.1990, p. 8).
(4) OJ L 58, 11.3.1971, p. 1.
(5) OJ L 171, 28.6.1978, p. 14.
(6) OJ L 172, 30.6.1981, p. 14. Regulation aslas t amended by Regulation
(EEC) No 863/84 (OJ L 90, 1.4.1984, p. 23).
(7) OJ L 314, 10.11.1982, p. 26. Regulation aslas t amended by Regulation
(EC) No 2442/96 (OJ L 333, 21.12.1996, p. 1).
(8) OJ L 183, 7.7.1983, p. 1. Regulation aslas t amended by Regulation (EC)
No 1958/97 (OJ L 277, 10.10.1997, p. 1).
(9) OJ L 90, 1.4.1984, p. 25.
(10) OJ L 78, 20.3.1987, p. 10. Regulation aslas t amended by Regulation (EEC)
No 1634/91 (OJ L 150, 15.6.1991, p. 26).
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CN code Description of goods
(d) 0404 Whey, whether or not concentrated or containing added
sugar or other sweetening matter; products consisting of
natural milk constituents, whether or not containing added
sugar or other sweetening matter, not elsewhere specified
or included
(e) ex 0405 Butter and other fatsand oilsderived 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, ◄expressed as anhydrous lactose, calcu-
lated on the dry matter
(h) 2106 90 51 Flavoured or coloured lactose syrup
(i) ex 2309 Preparationsof a kind us ed in animal feeding:
— Preparationsand feedings tuffscontaining productsto
which thisRegulation applies , directly or by virtue of
Council Regulation (EEC) No 2730/75 (1), except
preparationsand feedings tuffsto which Council Regu-
lation (EEC) No 1766/92 (2) applies.
(1) OJ L 281, 1.11.1975, p. 20. Regulation aslas t 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 aslas t amended by Regulation (EC) No 923/96
(OJ L 126, 24.5.1996, p. 37).
TITLE I
INTERNALMARKET
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 asfrom 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 euros per
100 kg, shall be as follows:
(a) butter:
— 1 July 2000 to 30 June 2004: 328,20
— 1 July 2004 to 30 June 2005: 305,23
— 1 July 2005 to 30 June 2006: 282,441999R1255 — EN — 24.10.2003 — 006.001 — 7
▼M6
▼M6
— 1 July 2006 to 30 June 2007: 259,52
— from 1 July 2007: 246,39
(b) skimmed milk powder:
— 1 July 2000 to 30 June 2004: 205,52,
— 1 July 2004 to 30 June 2005: 195,24,— 1 July 2005 to 30 June 2006: 184,97,— from 1 July 2006: 174,69.
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
Interventionsystem
Article 6
1. Where the market pricesof butter are, in one or more Member
States, at a level lower than 92 % of the intervention price for a repre-sentative period, buying-in by the intervention agencies shall be carriedout in the Member State(s) concerned under an open invitation totender on the basis of specifications to be determined.
The buying-in price fixed by the Commission shall not be less than
90 % of the intervention price.
Where market pricesin the Member State(s ) concerned are at a level
equal to, or higher than, 92 % of the intervention price for a represen-tative period, buying-in under a tendering procedure shall be
suspended.
2. Under paragraph 1, the intervention agenciesmay only buy in
butter produced directly and exclusively from pasteurised cream in anapproved 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,
— conditionsto be determined asregardsthe minimum quantity
and packaging;
(b) meet certain requirementsto 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 gradesto be determined may be s hown on the
packaging of butter which meetsnational quality requirements .
Flat rate transport costs shall be borne, under conditions to be
fixed, by the intervention agency if the butter isdelivered to acold store situated at a distance greater than a distance to be deter-mined from the place where the butter wasin s tore.
3. Aid for private storage shall be granted for:
— cream,
— unsalted butter produced from cream or milk in an approved under-
taking of the Community of a minimum butterfat content, byweight, of 82 % and a maximum water content, by weight, of 16 %,1999R1255 — EN — 24.10.2003 — 006.001 — 8
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— salted butter produced from cream or milk in an approved under-
taking of the Community of a minimum butterfat content, byweight, of 80 %, a maximum 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 ofremoval from storage, an adverse change unforeseeable at the time ofentry 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, bythe intervention agency of the Member State on whose territory thecream or butter qualifying for the aid iss tored.
Where the market situation so requires, the Commission may decide to
remarket some or all of the cream or butter covered by private storagecontracts.
4. Butter bought in by the intervention agencies shall be disposed of
at a minimum price and under conditionsto be determined s o astoavoid disturbing the balance on the market and to ensure purchasersequal treatment and access to the butter to be sold. Where the butterput 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 butter kept in public storage which cannot be disposed of during a
milk year under normal conditions, special measures may be taken.
Where warranted by such measures, special measures shall also be
taken with a view to maintaining possibilities of disposing of productswhich 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 processand obtained in an approved undertaking in the Community, directlyand exclusively from skimmed milk, which is offered to it during theperiod from 1 March to 31 August and which:
— meetsa minimum protein content of 35,6 % by weight of the non-
fatty dry extract,
— meetspres ervation requirementsto be laid down,
— meetsconditionsto be determined asregardsthe 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 thenon-fatty dry extract, provided that the other provisions laid down inthe first subparagraph above are met. In that case, the buying-in priceshall be equal to the intervention price less 1,75 % for each percentagepoint by which the protein content islower 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 powderdelivered to the store designated by the intervention agency. Flat-ratetransport costs shall be borne, under conditions to be fixed, by the1999R1255 — EN — 24.10.2003 — 006.001 — 9
▼B
intervention agency if the skimmed milk powder is delivered to a store
situated at a distance greater than a distance to be determined from theplace where the skimmed milk powder was in store.
The skimmed milk powder may only be stored in stores meeting condi-
tionsto be fixed.
2. The Commission may suspend the buying in of skimmed-milk
powder provided for in paragraph 1 ass oon asthe quantitiesoffered
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 specifica-tionsto be determined.
3. Aid for the private storage of skimmed milk powder of top
quality, obtained in an approved undertaking in the Community directlyand exclusively from skimmed milk may be granted, in particular, iftrends in prices and stocks of the products indicate a serious imbalancein the market which could be avoided or reduced by means of seasonal
storage. In order to be eligible for aid, the skimmed milk powder must
meet conditionsto be fixed.
The aid shall be fixed in the light of storage costs and the likely trend
in pricesfor s kimmed 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, bythe intervention agency of the Member State on whose territory theskimmed milk powder qualifying for the aid is stored. Where themarket situation so requires, the Commission may decide to remarketsome or all of the skimmed milk powder covered by private storage
contracts.
4. Skimmed milk powder bought in by the intervention agency shall
be disposed of, at a minimum price and under conditions to be deter-
mined so as to avoid disturbing the balance on the market and toensure purchasers equal treatment and access to the skimmed milkpowder 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 notdiverted from itsdes tination and to take account of requirementsspecific 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 the Community.
Article 8
1. Under conditionsto be determined, aid s hall 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 designationof origin shall implement the measures taken pursuant to paragraph 1.1999R1255 — EN — 24.10.2003 — 006.001 — 10
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The granting of private storage aid shall be subject to the conclusion of
a storage contract with the intervention agency. The contract shall bedrawn up under conditionsto 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 andrequire at least 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 isgranted and other cheeses 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 cheesescovered 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 thecontract was signed, a decision may be taken to adjust the amount ofaid accordingly.
Article 10
There shall be adopted in accordance with the procedure laid down in
Article 42:
(a) the detailed rulesfor the application of thischapter and, in parti-
cular, those for establishing the market prices for butter;
(b) the amountsof aid for private s torage referred to in thischapter;
(c) the other decisions and measures which may be taken by the
Commission under this chapter.
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 stan-dards.
For the purposes of this Article, buttermilk and buttermilk powder shall
be regarded as skimmed milk and skimmed-milk powder.
2. Aid amountss hall 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,
— trendsin calf prices ,
— trendsin the market pricesfor competing proteinsascompared with
those for skimmed-milk powder.
Article 12
1. Under the conditionsdetermined in accordance with paragraph 2,
aid shall be granted for Community-produced skimmed milk processedinto casein and caseinates, if such milk and the casein or caseinatesproduced from it reach certain standards.1999R1255 — EN — 24.10.2003 — 006.001 — 11
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2. The aid may vary, according to whether the skimmed milk is
processed into casein or caseinates and according to the quality ofthose 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 thatprice 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 and concentrated butter to be purchased at reduced prices:
(a) by non-profit making institutions and organisations;
(b) by military forcesand unitsof comparable s tatusin the Member
States;
(c) by manufacturersof pas try productsand ice-cream;
(d) by manufacturersof other foods tuffsto be determined;
(e) for the direct consumption of concentrated butter.
Article 14
1. Community aid shall be granted for supplying to pupils in educa-
tional establishments certain processed milk products falling within CN
codes0401, 0403, 0404 90 and 0406 or CN code 2202 90.
2. In addition to Community aid, Member Statesmay grant national
aid for supplying the products specified in paragraph 1 to pupils ineducational establishments. Member States may finance their nationalaid by meansof a levy on the dairy s ector or by any other contributionfrom the dairy sector.
3. In the case of whole milk, the Community aid shall be:
— EUR 23,24/100 kg for the period until 30 June 2004,
— EUR 21,69/100 kg for the period from 1 July 2004 until 30 June
2005,
— EUR 20,16/100 kg for the period from 1 July 2005 until 30 June
2006,
— EUR 18,61/100 kg for the period from 1 July 2006 until 30 June
2007,
— EUR 18,15/100 kg asfrom 1 July 2007.
In the case of other milk products, the amounts of aid shall be deter-
mined taking into account the milk componentsof the products
concerned.
4. The aid referred to in paragraphs1 s hall be granted on a
maximum quantity of 0,25 litre of milk equivalent per pupil and perday.
Article 15
The following shall be adopted in accordance with the procedure laid
down in Article 42:
(a) the detailed rulesfor the application of thischapter and, in parti-
cular, the conditionsunder which the aidss et out therein may begranted,
(b) the amountsof the aidsreferred to in thischapter,
(c) the lists of products referred to in Article 13(d) and Article 14(1),1999R1255 — EN — 24.10.2003 — 006.001 — 12
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(d) the other decisions and measures that may be adopted by the
Commission under this chapter.
CHAPTER IV
Directpayments
Article 16
1. Producers shall qualify for a dairy premium. It shall be granted
per calendar year, per holding and per tonne of individual referencequantity eligible 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 on 31 March of the calendar year concerned, without prejudice
to reductions resulting from the application of subparagraph 2. Indivi-dual reference quantitieswhich have been the s ubject of temporarytransfers in accordance with Article 6 of Regulation (EEC) No 3950/92 on 31 March of the calendar year concerned shall be deemed to beavailable on the holding of the transferee for that calendar year.
Where, on 31 March of a calendar year, the sum of all individual refer-
ence quantitiesin a Member State exceedsthe s um of the
corresponding total quantities of that Member State set out in
Article 3(2) of Regulation (EEC) No 3950/92 for the 12 month period1999/2000, the Member State concerned shall, on the basis of objectivecriteria, take the necessary steps to reduce accordingly the total amountof individual reference quantitieseligible for premium on itsterritoryfor 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 producersin their territory totalling the global amountss et out inAnnex I. Such paymentss hall be made according to objective criteria
including, in particular, the relevant production structures and condi-
tions, and in such a way as to ensure equal treatment betweenproducers and to avoid market and competition distortions. Moreover,such payments shall not be linked to fluctuations of market prices.
2. Additional paymentsmay 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 ass et 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 individualreference quantity eligible for premium, shall not exceed:
— EUR 13,9 per tonne for the calendar year 2005,
— EUR 27,8 per tonne for the calendar year 2006,
— EUR 41,7 per tonne for the calendar year 2007 and subsequent
calendar years.1999R1255 — EN — 24.10.2003 — 006.001 — 13
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Article 19
1. Area payments shall be granted per hectare of permanent pasture:
(a) which isavailable to a producer during the calendar year
concerned;
(b) which is not used to comply with the specific stocking density
requirementsreferred to in Article 15(3) of Council Regulation(EC) No 1254/1999 of 17 May 1999 on the common organisationof the market in 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 systemfor dried fodder and under Community aid schemes for other
permanent or horticultural cropsare claimed for the s ame 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 paymentspurs uant to Article 17 of Regulation (EC)No 1254/1999, shall not exceed EUR 350 for the calendar year 2005and the subsequent calendar years.
Article 20
1. Before 1 January 2005, Member States shall provide the Commis-
sion with detailed information on their national arrangementsconcerning the granting of additional payments. Any changes of these
arrangements shall be communicated to the Commission not later than
one month following adoption.
2. Before 1 April 2007, Member States shall submit to the Commis-
sion detailed reports on the implementation of Articles 17 to 19.
Before 1 January 2008, the Commission shall evaluate the implementa-
tion of Articles17 to 19 and examine the dis tribution of Communityfunds between Member States as provided for in Annex I. If necessary,the Commission shall make appropriate proposals to the Council.
Article 21
Direct paymentsunder thischapter s hall be made, after verification of
entitlement to payment, from 16 October of the calendar yearconcerned and, save in duly justified exceptional cases, no later than30 June of the following year.
Article 22
The amountsof the direct paymentss et out in thischapter may be
changed in the light of developmentsin production, productivity andthe markets, according to the procedure laid down in Article 37(2) ofthe 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 avail-ability of that substance on farms is regulated otherwise, theCommission shall, in accordance with the procedure laid down in
Article 42, adopt measures which shall be analogous to those provided
for in Article 23 of Regulation (EC) No 1254/1999.
Article 24
Detailed rulesfor the application of thischapter s hall be adopted by the
Commission in accordance with the procedure laid down in Article 42.1999R1255 — EN — 24.10.2003 — 006.001 — 14
(1) See page 21 of thisOfficial Journal.
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Article 25
The expenditure incurred in granting the direct paymentsprovided 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◄.
TITLE II
TRADEWITHTHIRDCOUNTRIES
Article 26
1. Importsinto the Community of any of the productslis ted in
Article 1 shall be subject to the presentation of an import licence.
Exportsfrom the Community of any s uch productsmay be madesubject to presentation of an export licence.
2. Licences shall be issued by Member States to any applicant, irre-
spective of his place of establishment in the Community and withoutprejudice to the measures taken for the application of Articles 29, 30
and 31.
Import and export licencess hall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a security guar-anteeing that the productsare imported or exported during the term ofvalidity 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 iscarried 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 rulesfor the application of thisArticle.
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 in Article 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 addi-tional import duty if the conditionss et out in Article 5 of theAgreement on Agriculture concluded in accordance with Article 300of the Treaty in the framework of the Uruguay Round of multilateraltrade negotiationshave been fulfilled unles sthe importsare unlikely
to disturb the Community market, or where the effects would be
disproportionate to the intended objective.
2. The trigger pricesbelow which an additional duty may be
imposed shall be those which are forwarded by the Community to theWorld Trade Organisation.
The trigger volumesto be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis ofimportsinto the Community in the three yearspreceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likelyto arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cifimport prices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative
pricesfor the product on the world market or on the Communityimport market for that product.1999R1255 — EN — 24.10.2003 — 006.001 — 15
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4. The Commission shall adopt detailed rules for the application of
thisArticle in accordance with the procedure laid down in Article 42.Such detailed rules shall specify in particular:
(a) the productsto which additional import dutiess hall be applied
under the termsof 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
agreementsconcluded in accordance with Article 300 of the Treaty or
from any other act of the Council shall be opened and administered in
accordance with detailed rulesadopted under the procedure laid downin Article 42.
2. Quotasmay by adminis tered by applying one of the following
methodsor a combination of them:
— method based on the chronological order of the lodging of applica-
tions (using the ‘first come, first served’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the ‘simultaneous exami-nation’ method),
— method based on taking traditional trade patterns into account
(using the ‘traditional importers/new arrivals’ method).
Other appropriate methodsmay 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 marketand the need to safeguard the equilibrium of that market, whilst at the
same time possibly drawing on methods which may have been applied
in the past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rightsres ulting from agreementsconcluded inthe framework of the Uruguay Round trade negotiations.
4. The detailed rulesreferred to in paragraph 1 s hall provide for
annual quotas, suitably phased over the year, if necessary, to beopened, determine the administrative method to be applied and, where
appropriate, include provisions regarding:
(a) guaranteescovering 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 providesfor the total or partial management of a tariff quotaopened by a third country for the productsreferred to in Article 1, themanagement method to be applied and detailed rulesrelating to that
method shall be adopted in accordance with the procedure provided
for in Article 42.
2. Quotasmay be managed us ing one of the following methodsor a
combination thereof:
— order in which applications are submitted (‘first come, first served’
basis),
— allocation in proportion to quantitiesreques ted when applications
are submitted (‘simultaneous examination’ method),
— traditional trade flows (‘traditional importers/new arrivals’ method).1999R1255 — EN — 24.10.2003 — 006.001 — 16
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Other appropriate methodsmay by adopted, in particular oneswhich
guarantee the full use of the possibilities available under the quotaconcerned.
They shall avoid any discrimination between the operators concerned.
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 listedin Annex II if they are productslis ted in Article 1(a), (b), (c), (d), (e)
and (g), on the basis of prices for those products in world trade and
within the limitsres ulting from agreementsconcluded in accordancewith Article 300 of the Treaty, the difference between those pricesand pricesin the Community may be covered by export refunds .
Export refundson the productslis ted in Article 1 in the form of goods
listed in the Annex II may not be higher than those applicable to suchproducts 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 theresources available, account being taken of the efficiency and struc-ture of Community exportswithout, however, creatingdiscrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) preventsany dis crimination between the operatorsconcerned.
3. Refunds shall be the same for the whole Community.They may vary according to destination, where the world market situa-
tion or the specific requirements of certain markets make thisnecessary.
Refunds shall be fixed by the Commission in accordance with the
procedure laid down in Article 42. Refundsmay be fixed:
(a) at regular intervals;
(b) by invitation to tender for productsfor 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 for more than four weeks and may, wherenecessary, be adjusted in the intervening period by the Commission atthe request of a Member State or on its own initiative. However, forproducts listed in Article 1 and exported in the form of goods listedin Annex II to thisRegulation, the refund may be fixed according 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 productslis ted in Article 1 and exported without further
processing:
(a) the existing situation and future trends with regard to:
— pricesand availabilitiesof milk and milk productson the
Community market,
— pricesof milk and milk productson the world market;
(b) the most favourable marketing costs and transport costs from
Community marketsto Community portsor other placesof exporttogether with forwarding costs to the countries of destination;demand on the Community market;1999R1255 — EN — 24.10.2003 — 006.001 — 17
(1) OJ L 318, 20.12.1993, p. 31.
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(c) the objectivesof the common organis ation of the marketsin milk
and milk products, which are to ensure a balanced situation andnatural development regarding prices and trade on these markets;
(d) limitsres ulting from agreementsconcluded 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.
Account shall also be taken in particular of the need to establish a
balance between the use of Community basic agricultural products forexport as processed goods to third countries, and the use of productsfrom those countries admitted for inward processing.
5. For the productsreferred to in Article 1 and exported ass uch:
(a) the pricesin the Community referred to in paragraph 1 s hall be
determined taking account of the pricesprevailing which prove tobe the most favourable as regards export;
(b) the priceson the world market referred to in paragraph 1 s hall be
determined taking account in particular of:
— the priceson third-country markets ,
— the most favourable prices in third countries of destination for
third-country imports,
— producer pricesrecorded in exporting third countries , account
being taken, where appropriate, of subsidies granted by thosecountries,
— free-at-frontier offer prices.
6. Refundss hall be granted for the productsreferred to in
paragraph 1 and exported as such only on application and on presenta-tion of the relevant export licence.
7. The refund applicable to exportsof productslis ted 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 applic-
able 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 theamount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in thisparagraph.
8. Paragraphs6 and 7 may be made to apply to productslis ted in
Article 1 and exported in the form of goodslis ted in Annex II in accor-
dance 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 refundsare paid under food-aid operations , inaccordance with the procedure laid down in Article 42.
10. The refund shall be paid upon proof that:
— the productsare of Community origin,
— the productshave 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 whicha refund wasfixed, without prejudice to paragraph 7(b). Exceptions
may be made to thisrule in accordance with the procedure laid
down in Article 42, provided conditionsare laid down which offerequivalent guarantees.
11. Without prejudice to paragraph 10, first indent, in the absence of
a derogation granted in accordance with the procedure laid down inArticle 42, no export refund shall be granted on products which areimported from third countriesand re-exported to third countries .1999R1255 — EN — 24.10.2003 — 006.001 — 18
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12. Asregardsthe productsreferred to in Article 1 and exported in
the form of the goodslis ted in Annex II to thisRegulation,paragraphs10 and 11 s hall apply only to goodsfalling 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 productscontaining cocoa),
— 1901 (certain food preparationsof flour, etc.),
— 2106 90 98 (certain food preparations not elsewhere specified),
having a high milk-product content.13. Compliance with the limitson volumesaris ing from agreements
concluded in accordance with Article 300 of the Treaty shall beensured on the basis of the export certificates issued for the reference
periodsprovided for therein and applicable to the productsconcerned.
With regard to compliance with the obligationsaris ing under theAgreement on Agriculture, the ending of a reference period shall notaffect the validity of export licences.
14. Detailed rulesfor the application of thisArticle, including the
arrangements for redistributing unallocated or unused exportable quan-tities, and any amendments to Annex II shall be adopted by theCommission in accordance with the procedure laid down in Article
42. However, the detailed ruleson the application of paragraphs8, 10,
11 and 12 for productsreferred to in Article 1 and exported in the formof goods listed in Annex II to this Regulation shall be adopted inaccordance with the procedure laid down in Article 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,acting by a qualified majority, on a proposal from the Commission,may, in special cases, prohibit in whole or in part the use of inwardprocessing arrangements in respect of products listed in Article 1 which
are intended for the manufacture of productslis ted in that Article or of
goodslis ted in Annex II to thisRegulation.
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 processingarrangements, the Commission shall, at the request of a Member Stateor on its own initiative, decide upon the necessary measures; theCouncil and the Member State shall be notified of such measures,
which shall be valid for no more than six months and shall be immedi-
ately applicable. If the Commission receives a request from a MemberState, it shall take a decision thereon within a week following receiptof 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 theywere notified. The Council, acting by a qualified majority, mayconfirm, 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 rulesfor the interpretation of the Combined Nomen-
clature and the special rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.1999R1255 — EN — 24.10.2003 — 006.001 — 19
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2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in tradewith third countries:
— 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 productslis ted in Article 1, the
free-at-frontier price significantly exceeds the level of Communityprices and where that situation is likely to continue, thereby disturbingor threatening to disturb the Community market, the measures providedfor in paragraph 5 may be taken.
2. A significant excess within the meaning of paragraph 1 shall exist
when the free-at-frontier price exceedsthe intervention price fixed forthe product in question, increased by 15 %, or, as regards products for
which there isno intervention price, a price derived from the interven-
tion price, to be determined in accordance with the procedure laiddown in Article 42, taking account of the nature and composition ofthe product in question.
3. The situation in which the free-at-frontier price significantly
exceedsthe level of pricesislikely to continue when an imbalanceexists between supply and demand and that imbalance is likely tocontinue, in view of foreseeable trends in production and market prices.
4. The Community market is disturbed or under threat of distur-
bance by the situation referred to in this Article when the high levelof pricesin international trade:
— hindersimportsof milk productsinto 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 conditionslis ted in paragraphs1 to 4 are met, total or
partial suspension of the import duties and/or collection of export
chargesmay be decided on in accordance with the procedure laiddown in Article 42. Detailed rulesfor the application of thisArticleshall, if necessary, be adopted by the Commission in accordance withthe same procedure.
Article 35
1. If, by reason of imports or exports, the Community market in one
or more of the productslis ted in Article 1 isaffected by, or isthrea-tened with, serious disturbance likely to jeopardise the achievement ofthe objectives set out in Article 33 of the Treaty, appropriate measuresmay be applied in trade with third countries until such disturbance orthreat 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 para-graph 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 the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working daysfollowing receipt of the reques t.
3. Measures decided upon by the Commission may be referred to
the Council by any Member State within three working daysof theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, amend or repeal the1999R1255 — EN — 24.10.2003 — 006.001 — 20
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measure in question within one month following the day on which it
wasreferred to the Council.
4. ThisArticle s hall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 300(2)of the Treaty.
TITLE III
GENERALPROVISIONS
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 diseases in animals, exceptional measures of support for the market
affected by those restrictions may be taken in accordance with theprocedure laid down in Article 42. Those measures may only be takenin so far as, and for as long as, is strictly necessary for the support ofthat market.
Article 37
Save asotherwis e provided in thisRegulation, Articles87, 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 isfixed on the bas isof the price or quantity ofproducts 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 Articles87, 88 and 89 of the
Treaty, a Member State may impose a promotional levy on its milkproducersin res pect of marketed quantitiesof milk or milk equivalentin order to finance the measures on promoting consumption in theCommunity, expanding the marketsfor milk and milk productsand
improving quality.
Article 40
Member States and the Commission shall communicate to each other
the information necessary for implementing this Regulation. Rules forthe communication and distribution of such information shall beadopted by the Commission in accordance with the procedure laiddown in Article 42.
Article 41
A Management Committee for Milk and Milk Products(hereinafter
called the ‘committee’) shall be established, composed of representa-
tivesof Member Statesand chaired by a repres entative of the
Commission.
Article 42
1. The Commission shall be assisted by the Management Committee
for Milk and Milk Products.
2. Where reference ismade to thisArticle, Articles4 and 7 of Deci-
sion 1999/468/EC (
1) shall apply.1999R1255 — EN — 24.10.2003 — 006.001 — 21
(1) OJ L 184, 17.7.1999, p. 23.▼M5
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The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The Committee shall adopt its Rules of Procedure.
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 represen-
tative of a Member State.
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 theTreaty.
Article 45
►
C2Regulation (EC) No 1258/2000 ◄and the provisions adopted in
implementation thereof shall apply to the products listed in Article 1.
TITLE IV
TRANSITIONALANDFINALPROVISIONS
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
referencesto thisRegulation and s hould be read in accordance with the
correlation 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 arrange-
mentsprovided in Regulation (EEC) No 804/68 to thos eestablished by this Regulation,
— the measures required to resolve specific practical problems. Such
measures — if duly justified — may derogate from certain parts
of thisRegulation.
Article 48
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial JournaloftheEuropeanCommunities .
It shall apply as from 1 January 2000.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1999R1255 — EN — 24.10.2003 — 006.001 — 22
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ANNEX I
ADDITIONALPAYMENTS:GLOBALAMOUNTSREFERREDTOINARTICLE17
(expressed in EUR million)
2005 20062007 and subse-
quent calendar years
Belgium 8,6 17,1 25,7
Denmark 11,5 23,0 34,5
Germany 72,0 144,0 216,0
Greece 1,6 3,3 4,9Spain 14,4 28,7 43,1
France 62,6 125,3 187,9
Ireland 13,6 27,1 40,7
Italy 25,7 51,3 77,0
Luxembourg 0,7 1,4 2,1
Netherlands28,6 57,2 85,8
Austria 7,1 14,2 21,3
Portugal 4,8 9,7 14,5
Finland 6,2 12,4 18,6
Sweden 8,5 17,1 25,6
United Kingdom 37,7 75,4 113,11999R1255 — EN — 24.10.2003 — 006.001 — 23
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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 –––o faf a t content, by weight, of 60 % or more but not exceeding 75 %
ex 1517 Margarine; edible mixturesor preparationsof animal or vegetable fatsor oilsor
fractionsof different fatsor oilsof thischapter, other than edible fatsor oilsor
their fractionsof CN 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 containing cocoa:ex 1704 90 – Other, excluding liquorice extract containing more than 10 % by weight of
sucrose but not containing other added substances
ex 1806 Chocolate and other food preparationscontaining cocoa, excluding cocoa
powder sweetened solely by the addition of sucrose of CN code 1806 10
ex 1901 Malt extract; food preparationsof flour, meal, s tarch or malt extract, not
containing cocoa or containing less than 40 % by weight of cocoa calculated
on a totally defatted basis, not elsewhere specified or included; food prepara-
tionsof goodsof CN codes0401 to 0404, not containing cocoa or containing
less than 5 % by weight of cocoa calculated on a totally defatted basis, not else-
where specified or included:
1901 10 00 – Preparations for infant use, put up for retail sale
1901 20 00 – Mixesand doughsfor the preparation of bakers ' waresof CN code 19051901 90 – other:
– – other:
1901 90 99 – – – other
ex 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or other-
wise 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 – – – Cooked
1902 20 99 – – – other
1902 30 – other pasta
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 flakesor other worked grains(except flour and meal), pre-cooked or
otherwise 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, rice paper and similar products:
1905 10 00 Crispbread
1905 20 – Gingerbread and the like
– Sweet biscuits; waffles and wafers:
1905 31 – – Sweet biscuits
1905 32 – – Wafflesand wafers1999R1255 — EN — 24.10.2003 — 006.001 — 24
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CN code Description of goods
1905 40 – Rusks, toasted bread and similar toasted products
1905 90 – other:
– – other:
1905 90 40 – – – Wafflesand waferswith a water content exceeding 10 % by weight
1905 90 45 – – – Biscuits
1905 90 55 – – – Extruded or expanded products, savoury or salted
1905 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 productsof heading No 2006:
2004 10 – Potatoes:
– – other:
2004 10 91 –––i nt h e form of flour, meal or flakes
ex 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
not frozen, other than productsof heading No 2006:
2005 20 – Potatoes:
2005 20 10 – – in the form of flour, meal or flakes2105 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 or starch
2106 90 98 – – – Other
ex 2202 Waters, including mineral waters and aerated waters, containing added sugar or
other sweetening matter or flavoured, and other non-alcoholic beverages, not
including fruit and vegetable juicesof CN code 2009:
2202 90 – other:
– – other, containing by weight of fat obtained from the productsof 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%o r more
ex 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 %
vol; spirits, liqueurs and other spirituous beverages:
2208 70 – Liqueursand cordials2208 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 these substances, of a kind used as raw materials
in industry; other preparations 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 ––––– other1999R1255 — EN — 24.10.2003 — 006.001 — 25
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CN code Description of goods
3501 Casein, caseinates and other casein derivatives; casein glues
ex 3502 Albumins, albuminates and other albumin derivatives:
3502 20 – Milk albumin, including concentratesof two or more whey proteins :
– – other:
3502 20 91 – – – dried (for example in sheets, scales, flakes, powder)
3502 20 99 – – – other1999R1255 — EN — 24.10.2003 — 006.001 — 26
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ANNEX III
CORRELATIONTABLE
Regulation(EEC)No804/68 ThisRegulation
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 10
Article 7(1) Article 7(1)
Article 7(2) Article 7(3)
Article 7(3), first subparagraph Article 7(4), first subparagraph
Article 7(3), fourth subparagraph Article 7(4), second subparagraph
Article 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 15
Article 11(1) Article 12(1)
Article 11(2) —
Article 11(3) Article 15
Article 12(3) Article 15
Article 13 Article 26
Article 14 Article 27
Article 15 Article 28
Article 16 Article 29
Article 16a Article 30
Article 17 Article 31
Article 18 Article 32
Article 19 Article 33
Article 20 Article 34
Article 21 Article 35
Article 22 —
Article 22a Article 36
Article 23 Article 37
Article 24 Article 38Article 24a Article 391999R1255 — EN — 24.10.2003 — 006.001 — 27
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Regulation(EEC)No804/68 ThisRegulation
Article 25 —
Article 26(1) and (2) Article 14(1) and (2)
Article 26(4) Article 15
Article 26(5) —
Article 28 Article 40
Article 29(1) Article 41
Article 29(2) —
Article 30 Article 42
Article 31 Article 43
Article 32 —
Article 33 Article 44
Article 34 Article 45
Article 35 —
Article 36 —
Article 37(1) Article 48
Annex Annex II1999R1255 — EN — 24.10.2003 — 006.001 — 28