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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EC) No 785/95
of 6 April 1995
laying down detailed rules for the application of Council Regulation (EC) No 603/95 on the
common organization of the market in dried fodder
(OJ No L 79, 7. 4. 1995, p. 5)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 1362/95 of 15 June 1995 L 132 6 16. 6. 1995
Commission Regulation (EC) No 620/96 of 9 April 1996 L 89 3 10. 4. 1996Commission Regulation (EC) No 629/97 of 10 April 1997 L 96 4 11. 4. 1997Commission Regulation (EC) No 1794/97 of 17 September 1997 L 255 12 18. 9. 1997
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ICOMMISSION REGULATION (EC) No 785/95
of 6 April 1995
laying down detailed rules for the application of Council Regulation (EC) No 603/95 on the
common organization of the market in dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EC) No 603/95 of
21 February 1995 on the common organization of the
market in dried fodder (
1), and in particular Article 18
thereof,
Whereas, in order to ensure efficient application of the
system of aid for dried fodder, certain concepts should be
defined;
Whereas, in order to avoid any risk of double payment, it
is appropriate to exclude all of the products benefitting(SIC! benefiting) from the aid of arable crops listed in
Annex I of Council Regulation (EEC) No 1765/92 (
2), as
last amended by the Act of Accession of Austria, Finland
and Sweden, with the exception of sweet lupins until the
flowering stage, from the scope of the aid for dried fodder;
Whereas, having regard to the criteria laid down in Article
8 of Regulation (EC) No 603/95, the minimum quality for
the products in question, expressed in terms of moisture
and protein content, should be laid down; whereas, taking
account of commercial practices, the moisture content
should be differentiated according to certain production
processes;
Whereas Article 12 of Regulation (EC) No 603/95 lays
down that Member States must carry out checks to verify
that all undertakings and buyers of fodder for drying sat-
isfy the conditions set out in that Regulation; whereas, in
order to facilitate such checks and to ensure fulfilment of
the conditions of eligibility for aid, processing undertakings
and buyers of fodder for drying should be subject to an
approval procedure; whereas, to the same end, the details
to be included in aid applications, stock records and deliv-
ery declarations of processing undertakings should be
specified; whereas the other supporting documents to be
supplied should be specified;
Whereas, in order to ensure uniform application of the sys-
tem of aid, the payment procedures should be defined;
(1) OJ No L 63, 21. 3. 1995, p. 1.
(2) OJ No L 181, 1. 7. 1992, p. 12.
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IIWhereas, in order to facilitate the marketing of fodder for
processing and to enable the competent authorities to
carry out the checks necessary for verifying entitlement to
aid, contracts between processing undertakings and farmers
should be concluded before delivery of the raw materials
and lodged with the competent authorities before a certain
date to enable them to know the expected volume of pro-
duction; whereas, to that end, contracts must be in writing,
indicate the date of conclusion, the period of validity, the
names and addresses of the contracting parties and the na-
ture of the products to be processed and identify the agri-
cultural parcel on which the fodder to be processed was
grown;
Whereas, where there are no such contracts, delivery dec-
larations, subject to the conditions applicable to contracts,
must be drawn up by the processing undertaking;
Whereas, in order to verify that the quantities of raw ma-
terials delivered to undertakings tally with the quantities of
dried fodder leaving them, the said undertakings should
weigh all fodder for processing and determine its moisture
content;
Whereas, in order to permit effective verification of the
right to aid, in view of the different levels of aid provided
for artificially dried fodder and sun-dried fodder, it is es-
sential that processing undertakings manufacture and stock
the different products in separate premises;
Whereas rigorous checks must be carried out to ensure ful-
filment of the quality requirements for dried fodder based
on regular sampling of finished products leaving undertak-
ings; whereas, where those products are mixed with other
materials, samples must be taken before mixing;
Whereas Regulation (EC) No 603/95 provides for a series
of checks to be carried out at each stage of the production
process, inter alia linked to the integrated verification and
management system; whereas, therefore, checks on the
identification of the agricultural parcels concerned should
be coordinated with the checks carried out under that sys-
tem;
Whereas, in order to ensure efficient management of the
market for dried fodder, the Commission must receive cer-
tain information on a regular basis;
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IIIWhereas, in order to ensure fulfilment of the conditions
laid down in the relevant rules, in particular regarding
eligibility for aid, penalties should be laid down to prevent
any infringements;
Whereas Commission Regulation (EEC) No 1528/78 (1), as
last amended by Regulation (EEC) No 1069/93 (2), and
Commission Regulation (EEC) No 2743/78 (3) are re-
placed by this Regulation; whereas they should therefore
be repealed;
Whereas Regulation (EC) No 603/95 applies as from 1
April 1995, the date on which the marketing year 1995/96
begins; whereas this Regulation should therefore apply as
f r o mt h es a m ed a t e ;
Whereas the Joint Management Committee for Cereals,
Oils and Fats and Dried Fodder has not delivered an opin-
ion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 179, 1. 7. 1978, p. 10.
(2) OJ No L 108, 1. 5. 1993, p. 114.
(3) OJ No L 330, 25. 11. 1978, p. 19.
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1Article 1
This Regulation lays down the detailed rules for the ap-
plication of the common organization of the market in
dried fodder set up by Regulation (EC) No 603/95.
Article 2
For the purposes of this Regulation:
1. ‘dried fodder’ means the products referred to in Ar-
ticle 1 of Regulation (EC) No 603/95, drawing a dis-
tinction between:
(a) ‘dehydrated fodder’, which means the products
listed in the first and third indents of Article 1 (a)
of that Regulation which have undergone artificial
heat-drying; the ‘similar fodder products’ referred
to in the third indent of point (a) of that Article
being understood to cover:
— herbage legumes,
— herbage grasses,
— whole plants, harvested green with unripe
grain, of the cereals listed in point I of Annex
I to Regulation (EEC) No 1765/92 and having
been cultivated on land which was not declared
in the area aid application with a view to theaid for arable crops provided for in that Re-
gulation,
—Chenopodium quinoa ,
in so far as those species are covered by CN codes
1214 90 91 and 1214 90 99;
(b) ‘sun-dried fodder’ which means the products re-
ferred to in the second and fourth indents of Ar-
ticle 1 (a) of Regulation (EC) No 603/95, other-
wise dried and ground;
(c) ‘protein concentrates’ which means the products
referred to in the first indent of Article 1 (b) of
Regulation (EC) No 603/95;
(d) ‘dehydrated products’ which means the products as
referred to in the second indent of Article 1 (b) of
Regulation (EC) No 603/95;785/95
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2Aid for processing into dried fodder shall not be pay-
able on fodder plants the seeds of which have been
harvested.
2. ‘processing undertaking’ means any dried fodder pro-
cessing undertaking referred to in Article 6 of Regula-
tion (EC) No 603/95, duly approved by the Member
State in which it is located, where:
(a) either fresh fodder is dehydrated by means of a
drier which satisfies the following requirements:
— air temperature at the entry point not less than
93˚C,
— residence time of the fodder being dehydrated
not exceeding three hours,
— in case of drying in layers of fodder, bed depth
of each layer no deeper than one metre;
(b) or sun-dried fodder is milled;
(c) or protein concentrates are manufactured;
3. ‘purchaser of fodder for drying and for grinding’ means
a natural or legal person referred to in the third indent
of Article 9 (c) of Regulation (EC) No 603/95, duly
approved by the Member State where he is estab-
lished, who purchases fresh fodder from producers in
order to deliver it to processing undertakings;
4. ‘lot’ means a specific quantity of fodder of uniform
quality as regards composition, moisture content and
protein content, leaving a processing undertaking at
t h es a m et i m e .
5. ‘mixture’ means an animal feed product containing fod-
der covered by Article 1 of Regulation (EC) No
603/95, dried and/or ground by the processing under-
taking, and other products, termed ‘additives’, of a dif-
ferent type, or of the same type but dried and/or
ground elsewhere.
However, dried fodder containing no more than 3 %
additives as a percentage of the total weight of the fin-
ished product shall not be regarded as a mixture where
the total nitrogen content, relative to the dry matter of
the additive, does not exceed 2,4 %.620/96
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3Article 3
1. For the purposes of this Regulation, the aid provided
for in Article 3 of Regulation (EC) No 603/95 shall be
payable on products covered by Article 2 (1) which are of
sound, genuine and merchantable quality, which meet the
requirements for marketing for use as animal feed, and
which:
(a) leave, either without further processing or as a mixture
as defined in the first subparagraph of Article 2 (5):
— the premises of the processing undertaking,
— where they cannot be stored on the latter, a stor-
age location outside the same which provides ad-
equate guarantees of proper supervision of the
stored fodder and which has been approved in ad-
vance by the competent authority,
— in the case of mobile drying equipment, such
equipment, and, where stored by the person carry-ing out dehydration, any storage location satisfying
the conditions laid down in the second indent; and
(b) display the following characteristics on departure from
the processing undertaking as referred to in (a):
(i) maximum moisture content:
— 12 % in the case of sun-dried fodder, ground
dehydrated fodder, protein concentrates and
dehydrated products,
— 14 % in the case of other dehydrated fodder;
(ii) minimum total crude protein content of the dry
matter:
— 15 % in the case of dehydratred (SIC! dehy-
drated) fodder, sun-dried fodder and dehy-
drated products,
— 45 % in the case of protein concentrates.
The aid shall be payable solely on quantities of products
obtained by drying fodder produced on parcels which on
inspection can be shown, to the satisfaction of the compet-
ent authority, to be utilized for agriculture.620/96
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42. Before bringing onto its premises products other than
fodder to be dried and/or ground for the manufacture of
mixtures within the meaning of Article 2 (5), the proces-
sing undertakings shall so inform the competent authorities
of the Member State concerned, specifying the type and
quantities thereof.
Where the products being brought is consist of fodder
dried and/or ground by another processing undertaking,
such undertaking shall also inform the competent author-
ities of their origin and intended utilization; in such cases,
they may be brought onto the said premises solely under
the supervision of and on conditions laid down by such
authorities.
Dried fodder leaving a processing undertaking may only
re-enter it for the purpose of repackaging or reprocessing,
under the supervision of and on the conditions set by the
competent authority.
Products entering or re-entering the premises of processing
undertakings in accordance with this paragraph may not be
stored with fodder dried and/or ground by the undertaking
in question; furthermore, they shall be entered in the un-
dertaking’s stock accounts as specified in Article 12 (1).
Article 4
1. For the purposes of approval as referred to in Article2 (2), processing undertakings must:
(a) provide the competent authority with a file comprising:
— a plan of their premises, showing in particular
entry points for products to be processed, exit
points for dried fodder, storage locations for prod-
ucts awaiting processing and finished products, and
processing sites,
— a description of the technical installations for
carrying out the operations specified at Article 2
(2) (a), (b) and (c), and in particular the dehy-
dration ovens and grinding units, with details of
hourly evaporation capacity and operating tem-
perature, and weighing equipment,620/96
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5— a list of the additives used before or during the
dehydration process and an illustrative list of the
other products used in manufacture, and the fin-
ished products,
— model stock accounts, which must permit a daily
tracking of quantities of products entering for
dehydration and/or grinding, quantities produced
and quantities of binding agents and any other
additives used in manufacture. A specific entry
shall be made in the stock accounts covering dried
fodder entering or re-entering the premises of ap-
proved undertakings.
Undertakings shall notify the competent authority with-
in days of any change or changes to the files, with a
view to obtaining confirmation of the approval;
(b) comply with:
— the requirements laid down in Regulation (EC) No
603/95,
— the requirements laid down herein.
Where a processing undertaking fails to fulfil any of the
requirements of point (a) or (b) above, it shall forfeit ap-
proval for a period to be determined by the competent
authority in line with the gravity of the breach.
2. For the purposes of approval as referred to in Article2 (3), a purchaser of fodder for drying and grinding must:
— lodge with the competent authority, not later than the
date provided for in Article 8 (5), the contracts con-
cluded with producers together with a list of all the
agricultural parcels concerned,
— keep a register of the products in question, showing at
least the daily purchases and sales of each product
and, in respect of each lot, the quantity involved, a
reference to the contract with the producer who deliv-
ered the product and, where applicable, the processing
undertaking for which the product is intended,
— keep his financial accounts available for inspection by
the competent authority,
— facilitate the verification procedures.620/96
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6A purchaser of fodder for drying and grinding shall have
his approval withdrawn for a period to be specified by the
competent authority, commensurate with the seriousness of
the infringements found, if at least one of the conditions
referred to in the first subparagraph is no longer met.
3. Approval as referred to in Article 2 (2) and (3) shallbe granted before the beginning of the marketing year by
the competent authority of the Member State on applica-
tion by the party concerned.
Exceptions from this provision may be allowed by the
Commission departments in exceptional cases for a period
of up to two months following the beginning of the
marketing year in question. In such cases, the undertaking
shall be deemed approved on a temporary basis pending
the granting of definitive approval by the competent auth-
ority.
Article 5
1. Within 45 days of the end of the month, processingundertakings shall lodge applications for aid as referred to
in Article 3 of Regulation (EC) No 603/95 covering the
quantities leaving the undertaking during that month.
However, no aid applications for a marketing year may be
submitted after 15 April following the end of the market-
ing year in question.
Except in cases of force majeure , late submission of an ap-
plication shall result in a reduction of 1 % per working day
of the amount of aid covered by the application to which
the undertaking would have been entitled if it had sub-
mitted its application in time. Applications submitted more
than 20 days late shall not be accepted.
2. Aid applications shall include at least:
— the applicant’s first name, surname, address and signa-
ture,
— the quantities covered by the aid application, broken
down by lot,
— the date on which each quantity left the undertaking,
— confirmation that samples were taken of each lot in
accordance with Article 11 (3) on departure from the
undertaking or when the dried fodder was mixed in,
and apply particulars required to identify the samples,785/95
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7— a list by lot of all additives referred to in Article 2 (5),
specifying the type, name, total nitrogenous matter
content in the dry matter and rate of incorporation in
the finished product,
— in the case of mixtures within the meaning of the first
subparagraph of Article 2 (5), the total crude protein
content in each lot of the fodder dried by the under-
taking, after deduction of the total nitrogenous matter
content provided by the additives.
3. The aid shall be granted to processing undertakings
solely in respect of fodder dried and/or ground on its
premises, less the weight of additives as defined in Article
2( 5 ) .
Article 6
1. The advance payment which is provided for in Article
6 (1) of Regulation (EC) No 603/95 and which is subject
to one of the securities provided for in the same para-
graph, may be granted to the beneficiary only where the
aid application is accompanied by a certificate showing
that the corresponding security has been lodged.
2. Member States shall take the necessary measures for
checking entitlement to the aid within 90 days from thedate the application is lodged.
3. The balance provided for in Article 6 (3) of Regula-
tion (EC) No 603/95 shall be paid, where appropriate,
w i t h i n6 0d a y so ft h ed a t eo nw h i c ht h eC o m m i s s i o np u -
blishes the amount of the said balance in the Official Jour-
nal of the European Communities .
4. The balance referred to in paragraph 3 above shall be
calculated on the basis of the notifications from the
Member States, in accordance with the second indent of
Article 15 (a). Where, as a result of subsequent checks,
one or more Member States submits a second, duly sub-
stantiated, notification correcting the first upward, the sec-
ond notification will be taken into consideration only if the
balance, calculated on the basis of the first notification, is
not affected. The quantities of dried fodder which cannot
be taken into consideration in application of the above
will, in that case, be allocated to the following marketing
year.620/96
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8Article 7
The operative event for the agricultural conversion rate ap-
plicable for the purposes of Regulation (EC) No 603/95
shall occur on the date on which the dried fodder leaves
the processing undertaking.
Article 8
1. In addition to the information specified in Article 11
of Regulation (EC) No 603/95, each contract as provided
for in Article 9 (c) of that Regulation shall include, in par-
ticular:
(a) the names, forenames and addresses of the contracting
parties;
(b) the date on which it is concluded;
(c) the term for which it is concluded;
(d) the type or types of crop to be processed and the fore-
seeable quantity involved;
(e) identification of the parcel or parcels on which the
fodder to be processed was grown, in accordance with
the parcel identification system provided for in the
integrated management and verification system; and
(f) where a processing undertaking is executing a proces-
sing contract as provided for in Article 11 (2) of Re-
gulation (EC) No 603/95 concluded with an indepen-
dent producer or with one or more of its own
members, the contract shall also indicate:
— the finished product to be delivered,
— the costs to be paid by the producer.
2. Where an undertaking processes its own production
or, in the case of a group, that of its members, a delivery
declaration shall be drawn up giving at least the following
information:
— the date of delivery or, where appropriate, an indica-
tive date if delivery is to take place after the date on
which the declaration is submitted to the competent
authority,
— the quantity of fodder received or to be received,
— the type or types of crop to be processed,
— where applicable, the name and address of the
member of the group making the delivery, and
— identification of the parcel or parcels on which the
fodder to be processed was grown, in accordance with
the parcel identification system provided for in the
integrated management and verification system.785/95
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93. Where an undertaking obtains supplies from an ap-
proval purchaser, a delivery declaration shall be drawn up
giving at least the following information:
— the identity of the approved purchaser,
— the date of delivery or, where appropriate, an indica-
tive date if delivery is to take place after the date on
which the declaration is submitted to the competent
authority,
— the quantity of fodder received or to be received,
broken down according to the producers with whom
contracts were concluded by the approved purchaser,
specifying the reference of the contracts,
— the type or types of crop to be processed,
— identification of the parcel or parcels on which the
fodder to be processed was grown, in accordance with
the parcel identification system provided for in the
integrated management and verification system.
4. The contracts and delivery declarations referred to in
paragraphs 1, 2 and 3 shall be prepared, in writing, at least
two working days before the date of delivery and not later
than 14 September following the beginning of the market-
ing year in question.
5. Not later than 15 September following the beginning
of the marketing year in question, processing undertakings
shall submit to the competent authority a copy of the con-
tracts referred to in paragraph 1 and a copy of the delivery
declarations referred to in paragraphs 2 and 3, with a list
of the parcels concerned. The documents in question may,
where necessary, be submitted in electronic form if the
parties in question mutually agree to accept that form of
communication. In that case, the processing undertaking
shall keep the documents in traditional form and make
them available for any checks requested by the competent
authority.
6. Without prejudice to paragraphs 4 and 5, the con-tracts and delivery declarations may be drawn up until 28
November and be submitted to the competent authority
until 30 November following the beginning of the market-
ing year in question. The competent authority can in no
case accept the said documents after that date.785/95
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10In that case their execution for the purposes of the proces-
sing of the raw materials concerned may not take place
until the competent authority, after having verified that the
parcel or parcels indicated in the aforementioned contracts
and/or delivery declarations are not included in the aid ac-
counting under other Community aid schemes, and after
having consulted the database provided for in Article 2 of
Regulation (EEC) No 3508/92 (4), as last amended by Re-
gulation (EC) No 820/97 (5), shall confirm in writing to the
processing undertaking its formal agreement to execution
of the contracts or delivery declarations.
Article 9
1. The processing undertakings shall systematically weigh
fodder to be dehydrated and, where applicable, sun-dried
fodder delivered to them for processing, in order to deter-
mine the exact quantities thereof.
2. The obligation to weigh such fodder systematically
shall not apply where:
(a) the fodder is to be dehydrated in a mobile dehydration
unit; in such cases, the quantities delivered may be
estimated on the basis of the areas sown;
(b) the production of the undertaking concerned does not
exceed 1 000 tonnes per marketing year and the under-
taking proves to the satisfaction of the competent
authority of the Member State that it cannot make use
of public weighing facilities located within a radius of
five kilometres; in such cases, the quantities delivered
may be determined by any other method approved in
advance by the competent authority of that Member
State.
3. The processing undertakings shall determine the aver-
age moisture content of fodder to be dehydrated on the
basis of a comparison of the quantities used and the quan-
tities of dried fodder obtained.
4. In the first ten working days of each quarter, the pro-
cessing undertakings shall notify the competent authority
of the average moisture content, as referred to in para-
graph 3, recorded during the previous quarter in respect of
the fodder they have dehydrated.
(4) OJ L 355, 5. 12. 1992, p. 1.
(5) OJ L 117, 7. 5. 1997, p. 1.1794/97
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11Article 10
Where a processing undertaking carries out the manufac-
ture, on the one hand, of dehydrated fodder and/or protein
concentrates and, on the other hand, of sun-dried fodder:
— the dehydrated fodder must be manufactured in prem-
ises or places separate from those where sun-dried fod-
der is manufactured,
— products obtained from the two manufacturing oper-
ations must be stored in different places,
— it shall be prohibited to mix within the undertaking a
product belonging to one of the groups with a product
belonging to the other group.
Article 11
(SIC! 1.) The sampling and determination of the
weight of dried fodder referred to in Article 12 (2) of Re-
gulation (EC) No 603/95 shall be carried out by the pro-
cessing undertaking when the dried fodder leaves the un-
dertaking.
However, where dried fodder is mixed within the meaningof Article 2 (5) in processing undertakings, sampling and
weight determination shall be carried out before mixing.
Where mixing is carried out before or during drying, a
sample shall be taken after drying; it shall be accompanied
by a statement to the effect that it relates to a mixture and
specifying the type and name of the additive, its total ni-trogenous content in the dry matter and the rate of incor-
poration in the finished product.
2. The competent authority may require each processingundertaking to notify it at least two working days in ad-
vance each time dried fodder leaves the undertaking or is
mixed, specifying the dates and quantities, to enable the
latter to carry out the necessary checks.
The competent authorities shall regularly take samplescovering, and shall carry out weight determination in re-
spect of, at least 5 % by weight of dried fodder leaving the
undertaking and at least 5 % by weight of dried fodder
mixed within the meaning of Article 2 (5) each marketing
year.785/95
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123. The determination of moisture and crude protein con-
tent provided for in Article 3 shall be carried out by taking
a sample for every 110 tonnes (maximum) of each lot of
dried fodder leaving the processing undertaking or mixed
on its premises within the meaning of Article 2 (5) in ac-
cordance with the method laid down in the Community
provisions establishing Community methods of analysis for
the official control of feedingstuffs (1).
Where several lots of the same quality with regard to com-
position, moisture content and protein content, together
weighing 110 tonnes or less, leave the undertaking or are
mixed on its premises, a sample shall be taken from each
lot. However, the analysis shall be carried out on a repre-
sentative mixture of these samples.
Article 12
1. In addition to the details referred to in Article 9 (a)
of Regulation (EC) No 603/95, the stock accounts of pro-
cessing undertakings shall include at least details of:
— the species referred to in Article 1 of Regulation (EC)
No 603/95 of fodder to be dehydrated and, where ap-
plicable, sun-dried fodder entering the undertaking,
— the moisture content of fodder to be dehydrated,— the references of the contract and/or delivery declar-
ation provided for in Article 8,
— the dates on which the dried fodder left the undertak-
ing, specifying the quantities which left on each date,
— the stock of dried fodder at the end of each marketing
year,
(1) (a) Sampling: First Commission Directive (76/371/EEC)
(OJ No L 102, 15. 4. 1976, p. 1);
(b) measurement of moisture: Second Commission Direc-
tive (71/393/EEC) (OJ No L 279, 20. 12. 1971, p. 7);
(c) measurement of crude protein: Third Commission Di-
rective (72/199/EEC) (OJ No L 123, 29. 5. 1972, p. 6).785/95
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13— the products mixed with or added to fodder dried and/
or ground by the undertaking, specifying the type and
name of the products, their total nitrogenous matter
content in the dry matter and their rate of incorpor-
a t i o ni nt h ef i n i s h e dp r o d u c t .
2. Processing undertakings shall keep separate stock ac-counts for dehydrated fodder, sun-dried fodder, protein
concentrates and dehydrated products.
3. Where a processing undertaking also dries or pro-
cesses products other than fodder referred to in Article
2 (1), it shall keep separate accounts in respect of such
other drying or processing activities.
Article 13
The documentary evidence to be made available by proces-
sing undertakings to the competent authority at the latter’s
request shall include:
(a) in the case of all processing undertakings:
— details whereby the production capacity of the
plant may be determined,
— details of the fuel stocks held in the plant at the
beginning and end of production,
— invoices for the purchase of fuel and the meter re-
adings for electricity consumption during the pro-
duction period,
— details of the number of hours the driers and, in
t h ec a s eo fs u n - d r i e df o d d e r ,t h ec r u s h e r sw e r ei n
operation;
(b) in the case of processing undertakings which sell their
own output, the invoices in respect of their sales of
dried fodder, with details in particular of:
— the quantity and composition of the fodder sold,
— the name and address of the purchaser;
(c) in the case of undertakings processing fodder produced
by their members and delivering them dried fodder,
the delivery orders or any other accounting document
acceptable to the competent authority, with details in
particular of:
— the quantity and composition of the processed fod-
der delivered,
— the names of the persons to whom such fodder was
delivered;
(d) in the case of undertakings processing for farmers fod-
der supplied by and delivered back to those farmers,
invoices in respect of their processing charges, with de-
tails in particular of:620/96
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14— the quantity and composition of dried fodder pro-
duced,
— the names of the farmers concerned.
Article 14
1. The competent authorities shall carry out cross-checks
of the agricultural parcels referred to in the contracts and/
or declarations and those declared by the producers in
their area aid applications in order to prevent any aid
being granted without justification.
2. The competent authorities shall inspect the stock re-
cords of all approved undertakings. They shall also carry
out random checks on the financial supporting documents
relating to the transactions carried out by these undertak-
ings. Each undertaking must be inspected for this purpose
at least once every marketing year.
However, in the case of newly-approved undertakings, the
inspection shall cover all applications submitted during the
first year of operation.
3. The competent authorities shall:
— regularly check in particular the accounts of approved
undertakings,
— undertake regular additional checks on suppliers of raw
materials and on operators to whom dried fodder has
been supplied.
The competent authorities may also make unannounced
checks of the same type as those referred to above.
4. Applications subjected to on-the-spot checking shall
be selected by the competent authority on the basis of a
risk analysis and an element of representativeness of the
aid applications submitted.
The risk analysis shall take account, in particular, of:
— the amount of aid involved,
— changes from the previous year,
— the findings of checks made in past years,
— other factors to be defined by the Member State.785/95
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15Article 15
Member States shall inform the Commission:
(a) — at the beginning of each quarter, of the quantities
of dried fodder in respect of which applications for
the aid referred to in Article 3 of Regulation (EC)
No 603/95 were lodged during the previous quar-
ter, such particulars to be broken down by the
months in which the quantities concerned left the
undertaking,
— not later than 31 May each year, of the quantities
of dried fodder in respect of which entitlement to
the aid was recognized during the previous market-
ing year.
The particulars provided shall distinguish between the
products referred to respectively in Article 2 (1) (a),
(b), (c) and (d) and will be used by the Commission to
determine whether the maximum guaranteed quantityhas been complied with;
(b) not later than 31 December each year, of the areas
and quantities in respect of which the contracts and
declarations referred to in Article 8 have been sub-
mitted. The particulars shall be broken down by
species referred to in Article 1 of Regulation (EC) No
603/95 and shall distinguish between the cases pro-
vided for in Article 8 (1), (2) and (3);
(c) not later than 30 April of each year, of the estimated
quantities of stocks of dried fodder held in the proces-
sing undertakings at 31 March of that year;
(d) not later than 1 May 1995, of the measures adopted to
implement Regulation (EC) No 603/95 and this Re-
gulation;
(e) during the month following the end of each six-month
period, of the average moisture contents recorded dur-
ing the previous six months in fodder to be dehydrated
and notified by processing undertakings in accordance
with Article 9 (4).
Article 16
Where inspections reveal that the quantity of dried fodder
indicated in one or more aid applications is greater than
that which actually left the processing undertaking, the
amount of aid to be granted shall be calculated on the
basis of the quantity which actually left the undertaking,
reduced by twice the difference found.
If the difference found exceeds 20 % of the quantity which
actually left the undertaking, no aid shall be granted.785/95
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16However, in the case of a false indication of quantities in
one or more applications made intentionally or as a result
of serious recklessness:
— the processing undertaking in question shall be ex-
cluded from the aid scheme concerned as regards the
application or applications in question, and
— in the case of a false indication of quantities in one or
more applications intentionally made, the said under-
taking shall be excluded from the aid scheme for the
following marketing year, in respect of a quantity equal
to that for which the aid application(s) in question was
or were rejected.
Article 17
Regulation (EEC) No 1528/78 and (EEC) No 2743/78 are
hereby repealed. However, those provisions concerning the
management of the aid scheme in force during the 1994/95
marketing year shall continue to apply until the accounts
for that marketing year have been finally cleared.
Article 17a
1. Notwithstanding point 1 of Article 2, and for the
1995/1996 marketing year alone, processing undertakings
may apply for the aid provided for in Article 3 of Regula-
tion (EC) No 603/95 for green cereals delivered by pro-
ducers who:
— have cultivated these cereals on land which was not
declared in the area aid application with a view to the
aid for arable crops provided for in Regulation (EEC)
No 1765/92 and,
— before the entry into force of Regulation (EC) No
785/95, have carried out sowing or have concluded
contracts with the processing undertakings concerned
for delivery of the said cereals with a view to their
being processed into dried fodder.
2. The competent authorities in the Member States shall
adopt all the necessary inspection measures to ensure com-
pliance with paragraph 1.
Article 18
This Regulation shall enter into force of the day of its
publication in the Official Journal of the European Commu-
nities .
It shall apply from 1 April 1995. However, the following
provisions shall apply from 1 April 1996:
(a) Article 4 (1) providing for the approval of processing
undertakings;785/95
1362/95
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17(b) the first sentence of Article 9 providing for the de-
termination by systematic weighing, in the case of un-
dertakings which have no weighing apparatus;
(c) Article 14 (1) providing for cross-checks. However, in
so far as one or more elements of the integrated sys-
tem are in operation before 1 January 1996, Member
States shall use that or those elements in their man-
agement and verification activities and, in particular, to
the extent possible, to carry out the cross-checks.785/95