1999R1255 — EN — 01.01.2002 — 004.001 — 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
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 Articles 36 and 37 thereof,
Having reard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Having regard to the opinion of the Committee of the Regions(4),
Having regard to the opinion of the Court of Auditors(5),
(1)Whereas the operation and development of the common market
in agricultural products should be accompanied by the establish-ment of a common agricultural policy to include in particular acommon organisation of agricultural markets which may takevarious forms depending on the product;
(2)Whereas the aim of the common agricultural policy is to 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 goods in question within the Community;
(3)Whereas by Council Regulation (EEC) No 3950/92 of
28 December 1992 establishing an additional levy in the milk
and milk products sector(6), an additional levy scheme for the
market of milk and milk products was introduced for the purposeof 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
periods of 12 months commencing on 1 April 2000;
(4)Whereas in order to stimulate the consumption of milk and milkproducts within 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 prices and intervention prices forbutter 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 — 01.01.2002 — 004.001 — 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 as last 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 grades as a 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; whereas the content should be fixed taking account of
current commercial standards and in such way that it cannot act
as a criterion for exclusion from intervention;
(9)Whereas, to contribute to balancing the milk market and to 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 products with 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 quantities of the producers concerned;whereas, to ensure the proper application of the scheme, to takeaccount of the multilateral commitments of 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 this Regulation;
(12)Whereas the conditions for milk production and the incomesituation of producers significantly vary in different productionareas of the Community; whereas a Community-wide scheme
with uniform dairy payments to all producers would be too rigid
to respond adequatly to structural and natural disparities and thediverse needs resulting therefrom; whereas, therefore, it is appro-priate to provide for a flexible framework of additionalCommunity payments to be determined and made by MemberStates within fixed global amounts and in accordance with
certain common criteria; whereas the global amounts should be
allocated to the Member States on the basis of their total refer-ence quantity for milk; whereas the common criteria areintended,inter alia, to prevent additional payments from produ-
cing discriminatory effects and to take full account of the
relevant multilateral commitments of 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 forms that additional payments1999R1255 — EN — 01.01.2002 — 004.001 — 3
▼B
may take; whereas these forms should be premium supplements
and area payments;
(13)Whereas premium supplements should be granted in addition to
the amounts of dairy premium granted per tonne of available
premium reference quantities; whereas it is also necessary tolimit the total amount of support which may be granted perpremium amount per year;
(14)Whereas additional area payments should only be granted for
permanent pasture which does not benefit from other Commu-
nity market support measures; whereas area payments should beapplied within the limits of regional base areas of 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 payments under the common market organisation 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)Whereas the creation of a single Community market for milk
and milk products involves the introduction of a single 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 includes the lodging of a security to guarantee that the
transactions for which such licences are granted are effected;
(19)Whereas in order to prevent or counteract adverse effects on 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 conditions are fulfilled;
(20)Whereas it is appropriate, 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 acts of the Council; whereas,moreover, the Commission should have analogous powers
concerning certain tariff quotas opened by third countries;
(21)Whereas provisions for granting a refund on exports to 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
terms of quantity and value;
(22)Whereas compliance with the limits in terms of value should beensured at the time when refunds are fixed through the moni-toring of payments under the rules relating to the EuropeanAgricultural Guidance and Guarantee Fund; whereas monitoring1999R1255 — EN — 01.01.2002 — 004.001 — 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)Whereas ensuring compliance with the quantity limits calls for
the introduction of a reliable and effective system of monitoring;
whereas, to that end, the granting of refunds should be madesubject to an export licence; whereas refunds should be grantedup to the limits available, depending on the particular situationof each product concerned; whereas exceptions to that rule
should only be permitted in the case of processed products not
listed in Annex II to the Treaty, to which volume limits do notapply, and in the case of food-aid operations, which are exemptfrom any limit; whereas monitoring of the quantities exportedwith refunds during the marketing years as referred 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)Whereas it is appropriate to provide for measures to 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 obligations derived 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 States and the prohibition of those 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 this Regulation;
(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)Whereas expenditure incurred by the Member States as a resultof the obligations arising out of the application of this Regula-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 — 01.01.2002 — 004.001 — 5
(1) See page 103 of this Official Journal.
▼B
(32)Whereas the common organisation of the market in milk and
milk products should take appropriate account, at the same
time, of the objectives set out in Articles 33 and 131 of theTreaty;
(33)Whereas the common organisation of the market in milk andmilk products laid 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 this Regulation, and
should therefore be repealed;
(34)Whereas the change from the arrangements in Regulation (EEC)No 804/68 to those in this Regulation could give rise to difficul-ties which are not dealt with in this Regulation; 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 1011
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 9011
to 691999R1255 — EN — 01.01.2002 — 004.001 — 6
(1) OJ L 148, 27.6.1968, p. 13. Regulation as last amended by Regulation (EC)
No 1587/96 (OJ L 206, 16.8.1996, p. 21).
(2) OJ L 169, 18.7.1968, p. 4. Regulation as last amended by Regulation (EC)
No 1802/95 (OJ L 174, 26.7.1995, p. 31).
(3) OJ L 169, 18.7.1968, p. 6. Regulation as last amended by Regulation (EEC)
No 1435/90 (OJ L 138, 31.5.1990, p. 8).
(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 as last 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 as last 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 as last 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 as last amended by Regulation (EEC)
No 1634/91 (OJ L 150, 15.6.1991, p. 26).
▼B
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 fats and oils derived from milk; dairy
spreads of a fat content of more than 75 % but less than
80 %
(f) 0406 Cheese and curd
(g) 1702 1900 Lactose and lactose syrupnot 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 9051 Flavoured or coloured lactose syrup
(i) ex 2309 Preparations of a kind used in animal feeding:
— Preparations and feedingstuffs containing products to
which this Regulation applies, directly or by virtue of
Council Regulation (EEC) No 2730/75 (1), except
preparations and feedingstuffs to which Council Regu-
lation (EEC) No 1766/92 (2) applies.
(1) OJ L 281, 1.11.1975, p. 20. Regulation as last amended by Regulation (EC) No 2931/
95 (OJ L 307, 20.12.1995, p. 10).
(2) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 923/96
(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 as from July 2007.
The target price shall be deemed to be that price which it is aimed to
obtain for the aggregate of producers' milk sales on the Community
market and on external markets.
2. The Council, acting in accordance with the procedure laid down
in Article 37(2) of the Treaty, may change the target price.
Article 4
1. The intervention prices in the Community, expressed in euro per
100 kg, shall be set:
(a) for butter at:
— 328,20 for the period from 1 July 2000 until 30 June 2005,
— 311,79 for the period from 1 July 2005 until 30 June 2006,— 295,38 for the period from 1 July 2006 until 30 June 2007,
— 278,97 as from 1 July 2007;1999R1255 — EN — 01.01.2002 — 004.001 — 7
▼B
(b) for skimmed milk powder at:
— 205,52 for the period from 1 July 2000 until 30 June 2005,
— 195,24 for the period from 1 July 2005 until 30 June 2006,— 184,97 for the period from 1 July 2006 until 30 June 2007,— 174,69 as from 1 July 2007.
2. The Council, acting in accordance with the procedure laid down
in Article 37(2) of the Treaty, may change the intervention prices.
Article 5
The price system is established without prejudice to the implementation
of the additional levy scheme.
CHAPTER II
Interventionsystem
Article 6
1. Where the market prices of butter are, in one or more Member
States, at a level lower than 92 % of the intervention price for a 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 prices in 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 besuspended.
2. Under paragraph 1, the intervention agencies may 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,
— conditions to be determined as regards the minimum quantity
and packaging;
(b) meet certain requirements to be determined regarding in particular:
— preservation; additional requirements may be laid down by the
intervention agencies,
— free fatty acid content,
— peroxide content,— microbiological standard,— sensory characteristics (appearance, texture, taste and smell).
National quality grades to be determined may be shown on the
packaging of butter which meets national quality requirements.
Flat rate transport costs shall be borne, under conditions to be
fixed, by the intervention agency if the butter is delivered to acold store situated at a distance greater than a distance to be deter-mined from the place where the butter was in store.
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, by
weight, of 82 % and a maximum water content, by weight, of 16 %,
— salted butter produced from cream or milk in an approved under-
taking of the Community of a minimum butterfat content, by1999R1255 — EN — 01.01.2002 — 004.001 — 8
▼B
weight, 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 of
entry into storage has occured on the market, the aid may be increased.
Private storage aid shall be subject to the drawing-upof a storage
contract concluded, in accordance with provisions to be laid down, by
the intervention agency of the Member State on whose territory thecream or butter qualifying for the aid is stored.
Where the market situation so requires, the Commission may decide to
remarket some or all of the cream or butter covered by private storagecontracts.
4. Butter bought in by the intervention agencies shall be disposed of
at a minimum price and under conditions to be determined so as toavoid disturbing the balance on the market and to ensure purchasersequal treatment and access to the butter to be sold. Where the butter
put up for sale is intended for export, special conditions may be laid
down to ensure that the product is not diverted from its destinationand 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 betaken 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 interventionprice 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 the
period from 1 March to 31 August and which:
— meets a minimum protein content of 35,6 % by weight of the non-
fatty dry extract,
— meets preservation requirements to be laid down,
— meets conditions to be determined as regards the minimum quantity
and packaging.
However, intervention agencies shall also buy in skimmed milk powder
whose protein content is at least 31,4 % and less than 35,6 %, of thenon-fatty dry extract, provided that the other provisions laid down in
the first subparagraph above are met. In that case, the buying-in price
shall be equal to the intervention price less 1,75 % for each percentagepoint by which the protein content is lower than 35,6 %.
The intervention price shall be that in force on the day of manufacture
of the skimmed milk powder and shall apply to skimmed milk powderdelivered to the store designated by the intervention agency. Flat-ratetransport costs shall be borne, under conditions to be fixed, by theintervention agency if the skimmed milk powder is delivered to a store1999R1255 — EN — 01.01.2002 — 004.001 — 9
▼B
situated at a distance greater than a distance to be determined from the
place where the skimmed milk powder was in store.
The skimmed milk powder may only be stored in stores meeting condi-
tions to be fixed.
2. The Commission may suspend the buying in of skimmed-milk
powder provided for in paragraph 1 as soon as the quantities offered
for intervention in the period from 1 March to 31 August each yearexceed 109000 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-
tions to 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, if
trends in prices and stocks of the products indicate a serious imbalance
in the market which could be avoided or reduced by means of seasonalstorage. In order to be eligible for aid, the skimmed milk powder mustmeet conditions to be fixed.
The aid shall be fixed in the light of storage costs and the likely trend
in prices for skimmed milk powder.
Private storage aid shall be subject to the drawing-upof a storage
contract concluded, in accordance with provisions to be laid down, by
the intervention agency of the Member State on whose territory the
skimmed 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 storagecontracts.
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 its destination 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, specialmeasures may be taken.
5. Within the meaning of this Article, ‘skimmed milk’ shall mean
skimmed milk obtained directly and exclusively from cow's milkproduced in the Community.
Article 8
1. Under conditions to be determined, aid shall be granted for the
private storage of:
(a) Grana Padano cheese at least nine months old;
(b) Parmigiano Reggiano cheese at least 15 months old;
(c) Provolone cheese at least three months old;
if these cheeses reach certain standards.
2. The amount of private storage aid shall be fixed taking account of
storage costs and the likely trend of market prices.
3. The intervention agency designated by the Member State in
which the said cheeses are produced and qualify to bear the designation
of origin shall implement the measures taken pursuant to paragraph 1.
The granting of private storage aid shall be subject to the conclusion of
a storage contract with the intervention agency. The contract shall bedrawn upunder conditions to be determined.1999R1255 — EN — 01.01.2002 — 004.001 — 10
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Where the market situation so requires, the Commission may decide
that the intervention agency will remarket some or all of the cheesestored.
Article 9
1. Private storage aid may be granted for longkeeping cheeses and
for cheeses which are manufactured from sheepand/or goat's milk andrequire at least six months for maturing, if for those cheeses pricedevelopments and the stock situation indicate a serious imbalance of
the market which may be eliminated or reduced by seasonal storage.
2. The amount of aid shall be fixed with reference to storage costs
and the balance to be maintained between cheeses for which aid is
granted and 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 rules for the application of this chapter and, in parti-
cular, those for establishing the market prices for butter;
(b) the amounts of aid for private storage referred to in this chapter;
(c) the other decisions and measures which may be taken by the
Commission under this chapter.
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 amounts shall be fixed taking into account the following
factors:
— the intervention price for skimmed-milk powder,
— development of the supply situation as regards skimmed-milk and
skimmed-milk powder, and developments in the use thereof as feed,
— trends in calf prices,
— trends in the market prices for competing proteins as compared with
those for skimmed-milk powder.
Article 12
1. Under the conditions determined in accordance with paragraph 2,
aid shall be granted for Community-produced skimmed milk processedinto casein and caseinates, if such milk and the casein or caseinatesproduced from it reach certain standards.
2. The aid may vary, according to whether the skimmed milk is
processed into casein or caseinates and according to the quality ofthose products.1999R1255 — EN — 01.01.2002 — 004.001 — 11
▼B
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 exceeds the 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 forces and units of comparable status in the Member
States;
(c) by manufacturers of pastry products and ice-cream;
(d) by manufacturers of other foodstuffs to be determined;
(e) for the direct consumption of concentrated butter.
Article 14
1. Community aid shall be granted for supplying to pupils in educa-
tional establishments certain processed milk products falling within CNcodes 0401, 0403, 0404 90 and 0406 or CN code 220290.
2. In addition to Community aid, Member States may grant national
aid for supplying the products specified in paragraph 1 to pupils ineducational establishments. Member States may finance their nationalaid by means of a levy on the dairy sector or by any other contribution
from the dairy sector.
3. In the case of whole milk, the Community aid shall be equal to
75 % of the target price for milk. In the case of other milk products,the amounts of aid shall be determined taking into account the milkcomponents of the products concerned.
4. The aid referred to in paragraphs 1 shall be granted on a
maximum quantity of 0,25 litre of milk equivalent per pupil and perday.
Article 15
The following shall be adopted in accordance with the procedure laid
down in Article 42:
(a) the detailed rules for the application of this chapter and, in parti-
cular, the conditions under which the aids set out therein may begranted,
(b) the amounts of the aids referred to in this chapter,
(c) the lists of products referred to in Article 13(d) and Article 14(1),
(d) the other decisions and measures that may be adopted by the
Commission under this chapter.
CHAPTER IV
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 reference
quantity 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 2005,1999R1255 — EN — 01.01.2002 — 004.001 — 12
▼M3
▼B
▼B
— 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 quantities which have been the subject 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 be
available 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 quantities in a Member State exceeds the sum of thecorresponding total quantities of that Member State set out inArticle 3(2) of Regulation (EEC) No 3950/92 for the 12 month period1999/2000, the Member State concerned shall, on the basis of objective
criteria, take the necessary steps to reduce accordingly the total amount
of individual reference quantities eligible for premium on its territoryfor 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 shallapply.
Article 17
1. Member States shall, on a yearly basis, make additional payments
to producers in their territory totalling the global amounts set out in
Annex I. Such payments shall be made according to objective criteriaincluding, 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 payments may be made in the form of premium
supplements (Article 18) and/or area payments (Article 19).
Article 18
1. Premium supplements may only be granted as a supplementary
amount per premium amount as set out in Article 16(2).
2. The total amount of dairy premium and premium supplement,
which may be granted per premium amount per tonne of individual
reference quantity eligible for premium, shall not exceed:
— EUR 13,9 per tonne for the calendar year 2005,
— EUR 27,8 per tonne for the calendar year 2006,— EUR 41,7 per tonne for the calendar year 2007 and subsequent
calendar years.
Article 19
1. Area payments shall be granted per hectare of permanent pasture:
(a) which is available to a producer during the calendar year
concerned;
(b) which is not used to comply with the specific stocking density
requirements referred to in Article 15(3) of Council Regulation(EC) No 1254/1999 of 17 May 1999 on the common 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 otherpermanent or horticultural crops are claimed for the same year.1999R1255 — EN — 01.01.2002 — 004.001 — 13
(1) See page 21 of this Official Journal.
▼B
The area of permanent pasture in a region for which area payments
may be granted shall not exceed the relevant regional base area.
2. The regional base areas shall be established by Member States in
accordance with Article 17 of Regulation (EC) No 1254/1999.
3. The maximum area payment per hectare which may be granted,
including area payments pursuant to Article 17 of Regulation (EC)No 1254/1999, shall not exceed EUR 350 for the calendar year 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 thesearrangements shall be communicated to the Commission not later thanone 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 Articles 17 to 19 and examine the distribution 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 payments under this chapter shall 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 amounts of the direct payments set out in this chapter may be
changed in the light of developments in 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, the
Commission shall, in accordance with the procedure laid down inArticle 42, adopt measures which shall be analogous to those providedfor in Article 23 of Regulation (EC) No 1254/1999.
Article 24
Detailed rules for the application of this chapter shall be adopted by the
Commission in accordance with the procedure laid down in Article 42.
Article 25
The expenditure incurred in granting the direct payments provided for
in this chapter shall be considered as relating to intervention measureswithin the meaning of Article 2(2) of ►
C2Regulation (EC) No 1257/
1999◄.
TITLE II
TRADEWITHTHIRDCOUNTRIES
Article 26
1. Imports into the Community of any of the products listed in
Article 1 shall be subject to the presentation of an import licence.Exports from the Community of any such products may be madesubject to presentation of an export licence.1999R1255 — EN — 01.01.2002 — 004.001 — 14
▼B
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 licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a security guar-anteeing that the products are 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 is carried out only partially, within that period.
3. The following shall be adopted by the Commission in accordance
with the procedure laid down in Article 42:
(a) the list of products in respect of which export licences are required;
(b) the term of validity of the licences; and
(c) the other detailed rules for the application of this Article.
Article 27
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 28
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products
listed in Article 1, imports of one or more of such products at the rateof duty referred to in Article 27 shall be subject to payment of an addi-tional import duty if the conditions set out in Article 5 of theAgreement on Agriculture concluded in accordance with Article 300of the Treaty in the framework of the Uruguay Round of multilateral
trade negotiations have been fulfilled unless the imports are unlikely
to disturb the Community market, or where the effects would bedisproportionate to the intended objective.
2. The trigger prices below which an additional duty may be
imposed shall be those which are forwarded by the Community to theWorld Trade Organisation.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis of
imports into the Community in the three years preceding the year 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
prices for the product on the world market or on the Community
import market for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 42.Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.
Article 29
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in accordance with Article 300 of the Treaty orfrom any other act of the Council shall be opened and administered inaccordance with detailed rules adopted under the procedure laid downin Article 42.1999R1255 — EN — 01.01.2002 — 004.001 — 15
▼B
2. Quotas may by administered by applying one of the following
methods or a combination of them:
— method based on the chronological order of the lodging of 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 methods may be adopted.
They shall avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements on the Community 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 rights resulting from agreements concluded inthe framework of the Uruguay Round trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, if necessary, to beopened, determine the administrative method to be applied and, whereappropriate, include provisions regarding:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
Article 30
1. Where an agreement concluded in accordance with Article 300 of
the Treaty provides for the total or partial management of a tariff quotaopened by a third country for the products referred to in Article 1, themanagement method to be applied and detailed rules relating to that
method shall be adopted in accordance with the procedure provided
for in Article 42.
2. Quotas may be managed using one of the following methods or a
combination thereof:
— order in which applications are submitted (‘first come, first served’
basis),
— allocation in proportion to quantities requested when applications
are submitted (‘simultaneous examination’ method),
— traditional trade flows (‘traditional importers/new arrivals’ method).
Other appropriate methods may by adopted, in particular ones which
guarantee the full use of the possibilities available under the 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 products listed in Article 1(a), (b), (c), (d), (e)and (g), on the basis of prices for those products in world trade andwithin the limits resulting from agreements concluded in accordancewith Article 300 of the Treaty, the difference between those prices
and prices in the Community may be covered by export refunds.
Export refunds on the products listed in Article 1 in the form of goods
listed in the Annex II may not be higher than those applicable to suchproducts exported without further processing.1999R1255 — EN — 01.01.2002 — 004.001 — 16
▼B
2. The method to be adopted for the allocation of the quantities
which may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of the
resources available, account being taken of the efficiency and struc-
ture of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.They may vary according to destination, where the world market 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. Refunds may be fixed:
(a) at regular intervals;
(b) by invitation to tender for products for which that procedure was
provided for in the past.
Except where fixed by tender, the list of products on which an export
refund is granted and the amount of such refund shall be fixed at leastonce 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 at
the request of a Member State or on its own initiative. However, for
products listed in Article 1 and exported in the form of goods listedin Annex II to this Regulation, the refund may be fixed according toanother timetable determined in accordance with the procedure referredto in Article 16 of Council Regulation (EC) No 3448/93(
1).
4. The following shall be taken into account when refunds are being
fixed for the products listed in Article 1 and exported without further
processing:
(a) the existing situation and future trends with regard to:
— prices and availabilities of milk and milk products on the
Community market,
— prices of milk and milk products on the world market;
(b) the most favourable marketing costs and transport costs from
Community markets to Community ports or other places of export
together with forwarding costs to the countries of destination;
demand on the Community market;
(c) the objectives of the common organisation of the markets in milk
and milk products, which are to ensure a balanced situation andnatural development regarding prices and trade on these markets;
(d) limits resulting from agreements concluded in accordance with
Article 300 of the Treaty;
(e) the importance of avoiding disturbances on the Community market;
(f) the economic aspect of the proposed exports.
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 products referred to in Article 1 and exported as such:
(a) the prices in the Community referred to in paragraph 1 shall be
determined taking account of the prices prevailing which prove tobe the most favourable as regards export;1999R1255 — EN — 01.01.2002 — 004.001 — 17
(1) OJ L 318, 20.12.1993, p. 31.
▼B
(b) the prices on the world market referred to in paragraph 1 shall be
determined taking account in particular of:
— the prices on third-country markets,
— the most favourable prices in third countries of destination for
third-country imports,
— producer prices recorded in exporting third countries, account
being taken, where appropriate, of subsidies granted by thosecountries,
— free-at-frontier offer prices.
6. Refunds shall be granted for the products referred to in
paragraph 1 and exported as such only on application and on presenta-
tion of the relevant export licence.
7. The refund applicable to exports of products listed in Article 1
and exported as such shall be that applicable on the day of application
for the licence and, in the case of a differentiated refund, that 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 this paragraph.
8. Paragraphs 6 and 7 may be made to apply to products listed in
Article 1 and exported in the form of goods listed in Annex II in 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 refunds are paid under food-aid operations, in
accordance with the procedure laid down in Article 42.
10. The refund shall be paid upon proof that:
— the products are of Community origin,
— the products have been exported from the Community, and
— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for whicha refund was fixed, without prejudice to paragraph 7(b). Exceptionsmay be made to this rule in accordance with the procedure laiddown in Article 42, provided conditions are 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 in
Article 42, no export refund shall be granted on products which are
imported from third countries and re-exported to third countries.
12. As regards the products referred to in Article 1 and exported in
the form of the goods listed in Annex II to this Regulation,paragraphs 10 and 11 shall apply only to goods falling within thefollowing CN codes:
— 0405 2030 (dairy spreads with a fat content between 60 and 75 %),
— 1806 9060 to 1806 90 90 (certain products containing cocoa),
— 1901 (certain food preparations of flour, etc.),
— 2106 9098 (certain food preparations not elsewhere specified),
having a high milk-product content.
13. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 300 of the Treaty shall be
ensured on the basis of the export certificates issued for the reference
periods provided for therein and applicable to the products concerned.With regard to compliance with the obligations arising under theAgreement on Agriculture, the ending of a reference period shall notaffect the validity of export licences.1999R1255 — EN — 01.01.2002 — 004.001 — 18
▼M1
14. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated or unused exportable quan-tities, and any amendments to Annex II shall be adopted by the
Commission in accordance with the procedure laid down in Article
42. However, the detailed rules on the application of paragraphs 8, 10,11 and 12 for products referred to in Article 1 and exported in the 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 inward
processing arrangements in respect of products listed in Article 1 which
are intended for the manufacture of products listed in that Article or ofgoods listed in Annex II to this Regulation.
2. By way of derogation from paragraph 1, if the situation referred
to in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by the inward processing
arrangements, the Commission shall, at the request of a Member State
or on its 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 receipt
of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which 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 rules for 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.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade
with 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 products listed 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 exceeds the intervention price fixed for
the product in question, increased by 15 %, or, as regards products forwhich there is no 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.1999R1255 — EN — 01.01.2002 — 004.001 — 19
▼B
▼B
3. The situation in which the free-at-frontier price significantly
exceeds the level of prices is likely to continue when an imbalanceexists between supply and demand and that imbalance is likely to
continue, in view of foreseeable trends in production and market prices.
4. The Community market is disturbed or under threat of distur-
bance by the situation referred to in this Article when the high levelof prices in international trade:
— hinders imports of milk products into the Community, or
— causes milk products to leave the Community,
so that security of supply is no longer ensured or threatens to be no
longer ensured in the Community.
5. Where the conditions listed in paragraphs 1 to 4 are met, total or
partial suspension of the import duties and/or collection of exportcharges may be decided on in accordance with the procedure laiddown in Article 42. Detailed rules for the application of this Articleshall, if necessary, be adopted by the Commission in accordance with
the same procedure.
Article 35
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threa-
tened with, serious disturbance likely to jeopardise the achievement of
the 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 days following receipt of the request.
3. Measures decided upon by the Commission may be referred to
the Council by any Member State within three working days of the
day on which they were notified. The Council shall meet without
delay. It may, acting by a qualified majority, amend or repeal themeasure in question within one month following the day on which itwas referred to the Council.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 300(2)of the Treaty.
TITLE III
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 marketaffected 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 of
that market.
Article 37
Save as otherwise provided in this Regulation, Articles 87, 88 and 89
of the Treaty shall apply to the production of and trade in the productslisted in Article 1.1999R1255 — EN — 01.01.2002 — 004.001 — 20
▼B
Article 38
1. Subject to the provisions of Article 87(2) of the Treaty, aids the
amount of which is fixed on the basis of the price or quantity 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 Articles 87, 88 and 89 of the
Treaty, a Member State may impose a promotional levy on its milkproducers in respect of marketed quantities of milk or milk equivalentin order to finance the measures on promoting consumption in theCommunity, expanding the markets for milk and milk products andimproving 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 laid
down in Article 42.
Article 41
A Management Committee for Milk and Milk Products (hereinafter
called the ‘committee’) shall be established, composed of representa-tives of Member States and chaired by a representative of theCommission.
Article 42
1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter to the committee either on his owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in Article 205(2) of the
Treaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States within the committee shall be weighted in themanner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the
opinion of the committee, they shall be communicated by the Commis-
sion to the Council forthwith. In that event the Commission may deferapplication of the measures which it has decided for not more than onemonth from the date of such communication.
The Council, acting by a qualified majority, may take a different deci-
sion within one month.
Article 43
The committee may consider any other question referred to it by its
chairman either on his own initiative or at the request of the 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.1999R1255 — EN — 01.01.2002 — 004.001 — 21
▼B
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
references to this Regulation and should be read in accordance with thecorrelation table in Annex III.
Article 47
The Commission shall adopt, in accordance with the procedure laid
down in Article 42:
— the measures required to facilitate the transition from the arrange-
ments provided in Regulation (EEC) No 804/68 to those
established by this Regulation,
— the measures required to resolve specific practical problems. Such
measures — if duly justified — may derogate from certain partsof this Regulation.
Article 48
This Regulation shall enter into force on the day of its publication in
theOfficial JournaloftheEuropeanCommunities .
It shall apply as from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1999R1255 — EN — 01.01.2002 — 004.001 — 22
▼B
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
Netherlands 28,6 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 — 01.01.2002 — 004.001 — 23
▼M2
ANNEX II
CN code Description of goods
ex 0405 Butter and other fats and oils derived from milk; dairy spreads:
040520 – Dairy spreads
04052010 – – of a fat content, by weight, of 39 % or more but less than 60 %04052030 –––o faf a t content, by weight, of 60 % or more but not exceeding 75 %
ex 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or
fractions of different fats or oils of this chapter, other than edible fats or oils or
their fractions of CN code 1516:
151710 – Margarine, excluding liquid margarine:15171010 – – containing more than 10 % but not more than 15 % by weight of milk fats151790 – Other:15179010 – – 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 170490 – Other, excluding liquorice extract containing more than 10 % by weight of
sucrose but not containing other added substances
ex 1806 Chocolate and other food preparations containing cocoa, excluding cocoa
powder sweetened solely by the addition of sucrose of CN code 1806 10
ex 1901 Malt extract; food preparations of flour, meal, starch or malt extract, not
containing cocoa or containing less than 40 % by weight of cocoa calculated
on a totally defatted basis, not elsewhere specified or included; food prepara-
tions of goods of CN codes 0401 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:
19011000 – Preparations for infant use, put up for retail sale19012000 – Mixes and doughs for the preparation of bakers' wares of CN code 1905190190 – other:
– – other:
19019099 – – – 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:
190219 – – other190220 – Stuffed pasta, whether or not cooked or otherwise prepared:
– – other:
19022091 – – – Cooked
19022099 – – – other
190230 – other pasta190240 – Couscous:19024090 – – Other
1904 Prepared food obtained by the swelling or roasting of cereals or cereal products
(for example, cornflakes); cereals (other than maize (corn)) in grain form or in
the form of flakes or 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:1999R1255 — EN — 01.01.2002 — 004.001 — 24
▼M2
CN code Description of goods
19051000 Crispbread
190520 – Gingerbread and the like
– Sweet biscuits; waffles and wafers:
190531 – – Sweet biscuits
190532 – – Waffles and wafers
190540 – Rusks, toasted bread and similar toasted products
190590 – other:
– – other:
19059040 – – – Waffles and wafers with a water content exceeding 10 % by weight
19059045 – – – Biscuits
19059055 – – – Extruded or expanded products, savoury or salted
19059060 ––––with added sweetening matter
19059090 ––––other
ex 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
frozen, other than products of heading No 2006:
200410 – Potatoes:
– – other:
20041091 –––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 products of heading No 2006:
200520 – Potatoes:
20052010 – – in the form of flour, meal or flakes
210500 Ice cream and other edible ice, whether or not containing cocoa
ex 2106 Food preparations not elsewhere specified or included:
210690 – Other:
21069010 – – Cheese fondues
– – Other:
21069092 – – – 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
21069098 – – – 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 juices of CN code 2009:
220290 – other:
– – other, containing by weight of fat obtained from the products of CN codes
0401 to 0404:
22029091 – – – less than 0,2 %
22029095 – – – 0,2 % or more but less than 2 %
22029099 –––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:
220870 – Liqueurs and cordials
220890 – other:
– – other spirits and spirituous beverages, in containers holding:
– – – two litres or less:
––––other:
22089069 ––––– other spirituous beverages
– – – more than two litres:
22089078 ––––other spirituous beverages1999R1255 — EN — 01.01.2002 — 004.001 — 25
▼M4
▼M2
▼M2
CN code Description of goods
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:
330210 – of a kind used in the food or drink industries:
– – of a kind used in the drink industries:
33021029 ––––– other
3501 Casein, caseinates and other casein derivatives; casein glues
ex 3502 Albumins, albuminates and other albumin derivatives:
350220 – Milk albumin, including concentrates of two or more whey proteins:
– – other:
35022091 – – – dried (for example in sheets, scales, flakes, powder)
35022099 – – – other1999R1255 — EN — 01.01.2002 — 004.001 — 26
▼B
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 — 01.01.2002 — 004.001 — 27
▼B
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 — 01.01.2002 — 004.001 — 28