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"BREGULATION (EEC) No 100/72 OF THE COMMISSION
of 14 January 1972
laying down detailed rules on the denaturing of sugar for animal feed
(OJ L 12, 15.1.1972, p. 15)
Amended by:
Official Journal
No page date
"M1 Regulation (EEC) No 2351/72 of the Commission of 8 November
1972L 253 11 9.11.1972
"M2 Regulation (EEC) No 2847/72 of the Commission of 29 December
1972L 299 4 31.12.1972
"M3 Commission Regulation (EEC) No 3475/80 of 30 December 1980 L 363 69 31.12.1980
"M4 Commission Regulation (EEC) No 3819/85 of 30 December 1985 L 368 25 31.12.1985
"M5 Commission Regulation (EC) No 260/96 of 12 February 1996 L 34 16 13.2.19961972R0100 — EN — 01.02.1995 — 005.001 — 1
REGULATION (EEC) No 100/72 OF THE COMMISSION
of 14 January 1972
laying down detailed rules on the denaturing of sugar for animal feed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community;
Having regard to Council Regulation No 1009/78/EEC (1)o f1 8
December 1967 on the common organization of the market in sugar,
as last amended by Regulation (EEC) 2727/71, (2) and in particular
Articles 9 (8) and 38 thereof;
Whereas Council Regulation (EEC) No 2049/69 (3) of 17 October 1969
laying down general rules on the denaturing of sugar for animal feed, as
amended by Regulation (EEC) No 2863/71, (4) contains no further
provisions concerning the field of application of the denaturing premium
certificate; whereas the relevant detailed rules were contained in
Commission Regulation (EEC) No 2061/69 (5) of 20 October 1969
laying down detailed rules on the denaturing of sugar for animal feed, as
last amended by Regulation (EEC) No 772/71 (6); whereas Regulation
(EEC) No 2061/69 has already been amended several times and other
important amendments have become necessary; whereas, in the interests
of clarity, the detailed rules on the denaturing of sugar for animal feed
should therefore be consolidated in a new Regulation;
Whereas Regulation (EEC) No 2049/69 provides for two methods of
fixing the denaturing premium, either a uniform manner for the entire
Community, or by means of a tendering procedure; whereas the detailed
rules for this procedure may, for the most part, be modelled on the
provisions contained in Regulation (EEC) No 394/70 (7) in respect of
invitations to tender to determine export refunds on sugar;
Whereas it is necessary to lay down the conditions under which a
denaturing premium certificate may be obtained and to specify certain
administrative rules concerning this certificate;
Whereas, having regard in particular to the quantitative losses generally
sustained during a denaturing process, a margin of tolerance should be
allowed between the quantity of sugar denatured and the quantity shown
on the denaturing premium certificate; whereas a similar margin may be
used to calculate the amount of the deposit to be forfeited where only
part of the quantity of sugar shown on the certificate has been denatured;
Whereas the proper working of a single market requires that the market
should be as flexible as possible; whereas, to this end, provision should
be made for the denaturing premium certificate to be transferred or
exchanged according to specified formalities; whereas, furthermore, the
denaturing premium certificate, which confers the right to payment of
the premium and entails the obligation to denature the sugar in question,
should be valid for a period which will allow manufacturers of
feedingstuffs to make long-term arrangements;
Whereas only sugar intended for animal feed is eligible for a denaturing
premium; whereas the specific denaturing processes which must be used
if a denaturing premium is to be paid must therefore be determined;
whereas provision must also be made for strict supervision of the various
operations and in particular for prior approval of the places in which
denaturing will be effected;!B
(1) OJ No L 308, 18.12.1967, p. 1.
(2) OJ No L 282, 23.12.1971, p. 8.
(3) OJ No L 263, 21.10.1969, p. 1.
(4) OJ No L 288, 31.12.1971, p. 1.
(5) OJ No L 263, 21.10.1969, p. 19.
(6) OJ No L 85, 15.4.1971, p. 18.
(7) OJ No L 50, 4.3.1970, p. 1.1972R0100 — EN — 01.02.1995 — 005.001 — 2
Whereas since denatured sugar must be used only for animal feed,
Member States must take all necessary measures to ensure that it is used
for this purpose;
Whereas controls carried out on the denaturing agents defined in this
Regulation have shown that results for the same product may sometimes
differ from those set out in the definitions; whereas these results may not
be strictly accurate; whereas a certain technical latitude should be
allowed with regard to the minimum contents specified;
Whereas the nutritive value of raw sugar depends principally on its
sucrose content; whereas, therefore, the premium for raw sugar of a
quality other than the standard quality should be adjusted in the light of
the yield of the sugar in question;
Whereas it may be economically justified to make provision for
adjustments to the premiums where sugar prices change during a
specified period;
Whereas, to ensure compliance with all the provisions on denaturing, the
premium should be paid only after denaturing has been effected in
accordance with these provisions; whereas, in order to avoid too much
costly supervision, advances on the denaturing premium should not be
allowed;
Whereas the measures provided for in this Regulation are in accordance
with the Opinion of the Management Committee for Sugar;
HAS ADOPTED THIS REGULATION:
TITLE I
Tendering procedures
Article 1
The terms of the invitation to tender may provide for a maximum
quantity.
Article 2
1. The tendering procedure for fixing premiums shall be organized by
the appropriate intervention agency.
2. The intervention agency shall draw up an invitation to tender.The invitation to tender shall be published in the Official Journal of the
European Communities . The intervention agency may also publish the
invitation to tender or have it published elsewhere.
3. Publication in the Official Journal of the European Communities
shall take place at least ten days before the period for the submission of
tenders expires.
4. The invitation to tender shall indicate the terms of the invitation to
tender and in particular, where appropriate, the maximum amount of the
denaturing premium, the minimum quantity per tender and the maximum
quantity per tenderer.
Article 3
1. If the situation on the sugar market in the Community so requires, a
standing invitation to tender may be issued.
During the period of validity of the standing invitation to tender, partial
invitations to tender shall be issued.!B1972R0100 — EN — 01.02.1995 — 005.001 — 3
2. The standing invitation to tender shall be published only for the
purpose of issuing it. The invitation as published may be amended or
replaced during the period of validity of the standing invitation to tender.
It shall be amended or replaced if the terms of the invitation to tender are
changed during that period of validity.
3. The period for the submission of tenders for the first partial
invitation to tender shall:
(a) begin on the day on which the standing invitation to tender is
published in the Official Journal of the European Communities and
(b) expire at 9.30 a.m. on the first Wednesday after the tenth day
following publication.
4. The periods for the submission of tenders in response to the second
and subsequent partial invitations to tender shall:
(a) begin on the first working day following the expiry of the previous
period and
(b) expire at 9.30 a.m. on the Wednesday of the following week.
5. In the event of a standing invitation to tender being issued, the
provisions of the following Articles in this Title shall apply to all partial
invitations to tender.
Article 4
1. Tenderers shall either deliver written tenders to the intervention
agency against a receipt or address tenders to the intervention agency by
registered letter, telex or telegram.
2. The tender shall indicate:
(a) the invitation to which the tender relates;(b) the name and address of the tenderer;(c) the type and the total quantity of sugar to be denatured;(d) the amount of the denaturing premium proposed per 100 kilo-
grammes, in the currency of the Member State in which the
intervention agency to which the tender is submitted is situated.
Intervention agencies may require additional information.3. A tender shall be valid only if:(a) proof is furnished before the period for the submission of tenders
expires that the tenderer has lodged the deposit required for the
invitation to tender;
(b) it includes a declaration by the tenderer that, if his tender for a
denaturing premium, hereinafter called the ‘premium’, is successful,
he will apply for a denaturing premium certificate, hereinafter called
the ‘certificate’, for the quantity of sugar to be denatured and will
lodge the deposit required in this connection.
4. A tender may stipulate that it may be treated as submitted only if the
award relates to all or a specified part of the quantity indicated in the
tender.
5. A tender which is not submitted in accordance with the provisions of
this Article, or which contains terms other than those indicated in the
invitation to tender, shall not be taken into consideration.
6. Once a tender has been submitted it may not be withdrawn.
Article 5
1. The deposit required by the invitation to tender shall be
"M50,7299 3units of account per 100 kg of white or raw sugar.!B1972R0100 — EN — 01.02.1995 — 005.001 — 4
2. The tenderer may lodge the deposit either in cash or in the form of a
guarantee by an establishment complying with criteria laid down by the
Member State in which the tender was submitted.
Each Member State shall notify the Commission of the types of
establishment authorized to give such a guarantee and of the criteria
referred to in the preceding subparagraph and the Commission shall in
turn inform the other Member States.
Article 6
1. Tenders shall be examined in private session by the intervention
agency. Persons present at the examination shall be sworn to secrecy.
2. The Commission shall be informed without delay of the tenders
submitted.
Article 7
1. Except where a decision is taken to make no award and without
prejudice to the provisions of paragraphs 2 and 3, the award shall be
made to any tenderer whose tender does not exceed the maximum
amount of the premium.
2. Where a maximum quantity has been fixed for the invitation to
tender, the award shall be made to the tenderer who proposes the lowest
amount of the premium. If the maximum quantity is not completely
accounted for by that tender, awards shall be made to the tenderers whose
tenders contain the next lowest proposed amount of the premium.
3. However, where the procedure provided for in paragraph 2 would, by
taking a certain tender into consideration, cause the maximum quantity
to be exceeded, only the remaining amount of the maximum quantity
shall be awarded to the tenderer in question.
Tenders which propose the same premium and which, if the total quantity
which they represent were accepted, would cause the maximum quantity
to be exceeded shall be considered in proportion to the quantity referred
to in each tender.
Article 8
1. An award shall:
(a) confer the right to the issue, in respect of the quantity for which the
premium is awarded, of a certificate showing inter alia the premium
specified in the tender;
(b) entail the obligation to apply for such a certificate, in respect of that
quantity, to the intervention agency to which the tender was
submitted.
2. The right and the obligation arising from awards shall not be
transferable. That right shall be exercised and that obligation shall be
fulfilled within eighteen days after the period for the submission of
tenders has expired.
Article 9
1. The intervention agency shall immediately notify all tenderers of the
outcome of their participation in the tendering procedure. The agency
shall also send statements of award to the successful tenderers.
2. Statements of award shall indicate at least:(a) the invitation to which the tender relates;(b) the quantity in respect of which the premium is awarded;(c) the premium to be paid for the quantity referred to under (b).!B1972R0100 — EN — 01.02.1995 — 005.001 — 5
Article 10
1. Except in cases of force majeure , the deposit required for the
invitation to tender shall only be released in respect of the quantity.
(a) for which the tenderer:
— has not withdrawn his tender;
and
— has, within the time limit specified and following compliance
with the terms stipulated, applied for a certificate;
or
(b) in respect of which no award is made.2. The deposit shall be released immediately.3. In cases of force majeure , the intervention agency shall determine
the measures necessary in view of the circumstances invoked.
TITLE II
Denaturing premium certificates
Article 11
1. Certificates may be obtained only by application to be made before
denaturing takes place.
2. On receipt of such application, the competent authorities of the
Member States shall issue a certificate only if:
(a) when the application is made:
— a premium fixed uniformly throughout the Community is
applicable; or
— the applicant has tendered successfully for a premium; and
(b) proof is furnished that the applicant has lodged a denaturing deposit
to guarantee that denaturing will be effected during the period of
validity of the certificate.
Article 12
1. Applications for the issue of certificates shall be made in writing.
2. Applications shall indicate:(a) the name and address of the applicant;(b) the type and the total quantity of sugar to be denatured;(c) where appropriate, the statement of award to which the application
relates.
The competent authorities of the Member States may require additional
information.
Article 13
1. Without prejudice to the provisions of this Regulation, the competent
authorities of the Member States shall have the certificate printed in their
respective countries.
2. The certificate shall indicate in particular:(a) the name and address of the titular holder;(b) the day on which the application was lodged;(c) the type and the total quantity of sugar to be denatured;!B1972R0100 — EN — 01.02.1995 — 005.001 — 6
(d) the minimum quantity of sugar to be denatured per day in a given
place;
(e) whichever is appropriate, and in the currency of the Member State
issuing the certificate:
— the premium fixed uniformly throughout the Community for the
quality of sugar in question and applicable on the day on which
the application is lodged;
— the premium fixed as the result of an invitation to tender;
(f) the last day of validity of the certificate.3. The certificate shall be drawn up in at least in duplicate, one copy for
the titular holder, the other for the competent authority of the Member
State in which it is drawn up.
Article 14
1. The issue of the certificate shall:
(a) confer the right to payment of the premium shown on the certificate
for the quantity in question after denaturing;
(b) entail the obligation to denature the sugar under the conditions laid
down in the certificate.
2. Where the quantity of sugar denatured exceeds the quantity shown
on the certificate by not more than 2%, it shall be considered as having
been denatured in accordance with that document.
3. Where the quantity of sugar denatured is not more than 2% lower
than the quantity shown on the certificate, the obligation to denature
shall be considered as having been fulfilled.
Article 15
1. The obligation arising from the certificate shall not be transferable.
The right arising from the certificate may be transferred by the titular
holder during the period of validity of the certificate.
2. In respect of any one certificate a transfer may only be made:(a) in favour of a single transferee;
and
(b) in respect of the total quantity shown on the certificate.3. The transfer shall take effect from the date on which the competent
authority of the Member State which issued the certificate enters on that
certificate the name and address of the transferee and the date on which
they were entered, authenticated by that authority’s stamp.
The details shall be entered on application by the titular holder. The
transferee may not transfer his right nor transfer it back to the titular
bolder.
Article 16
1. The certificate shall be valid from the date on which it is issued until
the end of the eleventh month following that during which it was issued.
The certificate shall be considered as having been issued on the day on
which the application was lodged with the competent authority of the
Member State in question.
2. Applications for certificates received by the authority either on one
of its non-working days or after 4.00 p.m. on one of its working days,
shall be considered as having been lodged on the first working day
following the day on which they were received.!B1972R0100 — EN — 01.02.1995 — 005.001 — 7
!M3
3. The time limit specified in this Regulation shall correspond to
Belgian time.
Article 17
1. The amount of the denaturing deposit shall be "M51,4603units
of account per 100 kg of sugar.
2. The applicant may lodge the deposit either in cash or in the form of a
guarantee by an establishment complying with criteria laid down by the
Member State in which the certificate is applied for.
The provisions of the second subparagraph of Article 5 (2) shall apply.
Article 18
1. Subject to the provisions of paragraph 2, where the obligation to
denature has not been fulfilled, the deposit shall be forfeited. The amount
of the deposit to be forfeited shall be equal to the difference between:
(a) 98 % of the quantity of sugar shown on the certificate;
and
(b) the quantity of sugar actually denatured.
However, where the quantity of sugar denatured is less than 2% of the
quantity shown on the certificate, the whole of the deposit shall be
forfeited.
2. Where denaturing cannot be carried out under the conditions laid
down in the certificate as a result of circumstances considered to
constitute a case of force majeure and where a request has been made for
these circumstances to be taken into account, the Member State
concerned shall determine the measures necessary in view of the
circumstances invoked.
3. The deposit shall be released immediately where the sugar has been
denatured under the conditions laid down in the certificate.
TITLE III
Denaturing
Article 19
1. The Member States shall appoint competent agencies to supervise
denaturing and to ensure that the denatured sugar is only used for animal
feed.
2. Denaturing shall be effected in establishments approved by the
Member State in which the denaturing is carried out.
Member States shall only give approval to factories manufacturing sugar
or compound feedingstuffs or to warehouses in which denaturing can be
effectively supervised.
3. The minimum quantity to be denatured per day in any one place shall
be 20 metric tons.
Member States may however fix another minimum quantity.4. The person concerned shall, in sufficient time to allow for
supervision, notify the agency referred to in paragraph 1 of the
following details in writing:
(a) his name and address;
(b) the type and quantity of sugar to be denatured;
(c) the place in which denaturing will be effected;!B1972R0100 — EN — 01.02.1995 — 005.001 — 8
(d) the time estimated for the denaturing.
The Member States may require additional information.
Article 20
1. Where the titular holder or the transferee of a certificate intends to
denature sugar in a Member State other than that which issued the
certificate:
(a) he shall return the certificate to the competent authority of the
Member State which issued it, hereinafter called the ‘issuing
authority’, and shall inform that authority in writing of his intention;
(b) he shall apply to the competent authority of the Member State in
which the denaturing will be effected, hereinafter called the ‘paying
authority’, for a certificate to replace the first one.
2. Where paragraph 1 applies:
(a) the issuing authority, after checking the authenticity of the
certificate, shall send it without delay to the paying authority;
(b) the paying authority shall issue a new certificate containing at least
the information appearing on the certificate issued by the issuing
authority, and in particular the date on which the application was
lodged. However, the information provided for in Article 13 (2) (d)
shall be amended as necessary by the paying authority and the
premium shall be expressed in the currency of the Member State in
which the paying authority is situated;
(c) the paying authority shall, as soon as the quantity of sugar in
question has been denatured under the conditions laid down in the
certificate, inform the issuing authority so that the provisions of
Article 18 can be applied.
Article 21
1. The premium shall be paid by the Member State in which denaturing
was effected.
2. The premium shall only be paid if:
(a) the sugar has been denatured under supervision in an approved
establishment by one of the processes listed in the Annex;
(b) the quantity of sugar denatured per day in any one place was:
— not less than 20 metric tons or
— not less than the minimum quantity fixed by the Member State
specified in paragraph 1.
Article 22
1. The premium for raw sugar of a quality other than the standard
quality shall be multiplied by a coefficient.
2. This coefficient shall be equal to the yield of the raw sugar in
question divided by 92. The yield shall be calculated in accordance with
the provisions of Article 1 of Council Regulation (EEC) No 431/68 (1)o f
9 April 1968 determining the standard quality for raw sugar and fixing
the Community frontier crossing point for calculating c.i.f. prices for
sugar.
Article 23
If, between:
— the lodging of an application for the premium, where the premium is
fixed uniformly; or!B
(1) OJ No L 89, 10.4.1968, p. 3.1972R0100 — EN — 01.02.1995 — 005.001 — 9
— the expiry of the period for the submission of tenders, where the
premium is fixed by means of a tendering procedure;
and denaturing, there is any alteration in the prices fixed pursuant to
Regulation No 1009/67/EEC, provision may be made for adjusting the
premiums.
Article 24
1. The premium shall be paid:
(a) at the earliest, after proof is furnished that the sugar has been
denatured under the conditions laid down in the certificate;
(b) at the latest, at the end of the month following that in which the proof
specified under (a) is furnished.
2. Advances on the premiums shall not be allowed.
TITLE IV
General Provisions
Article 25
1. Where denatured sugar is sent from one Member State to another
Member State, proof that it is sugar denatured by one of the processes
specified in the Annex can only be furnished by submitting to the
Member State of destination either a T2 document as provided for in
Article 39 of Regulation (EEC) No 542/69 (1) or a T2L document as
provided for in Article 1 of Regulation (EEC) No 2313/69 (2) Section 31
of which contains, in addition to the description of goods, one of the
following endorsements:
‘Denatureret sukker’‘Denaturierter Zucker’‘Denatured sugar’‘Sucre dénaturé’
‘Zucchero denaturato’
‘Gedenatureerde suiker’
‘Mετ/omikronυσιωµένη /dzetaά/khiαρη ’
‘Azúcar desnaturalizado’
‘Açcacar desnaturado’
(Denatured sugar)
2. The endorsement provided for in paragraph 1 shall only be entered
by the competent authority of the exporting Member State if the sugar in
question has been denatured by one of the processes specified in
paragraph 1. The endorsement must also indicate the type and the
quantity of product used to denature 100 kilogrammes of sugar.
Article 26
The information on quantities required by this Regulation shall, in
respect of raw sugar, be taken to refer to weight tel quel.!B
(1) OJ No L 77, 29.3.1969, p. 1.
(2) OJ No L 295, 24.11.1969, p. 8.!M2
!B
!M2
!B
!M3
!M4
!B1972R0100 — EN — 01.02.1995 — 005.001 — 10
Article 27
Regulation (EEC) No 2061/69 is hereby repealed.
It shall, however, continue to apply in respect of operations for which a
certificate was issued during the period of validity of that Regulation.
Article 28
This Regulation shall enter into force on 15 January 1972.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1972R0100 — EN — 01.02.1995 — 005.001 — 11
ANNEX
I. General Conditions
Where, as the result of an official check of products used in denaturing and
defined under III, a difference is found between the result of the check and
the minimum content specified for substances making up such products,the following tolerances (technical latitudes) shall be allowed:
(a) for crude protein: 2 units;
(b) for total fat content: 10% of the minimum content laid down;
(c) for water, calcium and calcium carbonate content: 1 unit.
II. Denaturing Processes
1. Where the sugar is intended for live-stock feed, it shall be
denatured by the homogeneous admixture with each 100 kilo-
grammes of sugar of at least:
either (a) 2.5kg of fish meal or animal meal and
1 kg of high viscosity swelling starch;
or (b) 4 kg of chalk and 1 kg of fenugreek flour.
Where fish meal is used, the kilogramme of high viscosity swelling
starch may be replaced by 1 kg of salt, whether or not denatured.
2. Where the sugar is intended for inclusion in milk substitute
compound feedingstuffs and a physical check is carried out duringthe manufacture of the feedingstuff concerned, the Member State inquestion may, on application by the person concerned, allow the
sugar to be denatured by the homogeneous admixture of at least 3.5
kg of salt, whether or not denatured, with each 100 kg of sugar, ifthe sugar denatured in this way is dissolved with at least 25 kg ofswelling starch and then dried by rolling.
3. Where the sugar is intended for feeding bees, it shall be denatured
by the homogeneous admixture with each 100 kg of sugar of:
either (a) 0.050kg of octo-acetylsucrose;
or (b) 0.125 kg of garlic powder with 0.050 kg of powdered
vegetable charcoal added;
or (c) 0.250kg of ferric oxide; in this case the mixture must
show a definite coloration ranging from dark red tobrown.
4. Where the sugar is intended for ensiling green forage, it shall be
denatured:
either (a) in accordance with paragraph 1 (a);
or (b) in accordance with paragraph 1 (b); in this case, the 4 kg
of chalk may be replaced by 2 kg of high viscosity
swelling starch;
or (c) by the homogeneous admixture with each 100 kg of
sugar of 25 kg of salt, whether or not denatured, and 1.9
kg of ferrous sulphate and 0.01—0.03kg of patent blue
V (EEC No E131).
III. Definitions
For the purposes of this Regulation:
1. ‘fish meal’ means a product:
(a) obtained by drying and grinding various kinds of whole fish or
pieces of fish;
(b) with a crude protein content of not less than 55% in respect of
goods with a water content of 12%;!
B
!M1
!B1972R0100 — EN — 01.02.1995 — 005.001 — 12
(c) with a total fat content of not less than 6% calculated on the basis
of the dry matter;
(d) with a characteristic smell;
2. ‘animal meal’ means a product:
(a) obtained by drying and grinding carcases and parts of carcases of
warm blooded land animals which have undergone high-pressuresteam treatment and which may then have been defatted by
extraction;
(b) virtually without hair, bristels, feather, horns, hooves, skin or the
contents of the stomach and intestines;
(c) with a crude protein content of not less than 50% in respect of
goods with a water content of 12%;
(d) with a total fat content of not less than 6% calculated on the basis
of the dry matter;
3. ‘chalk’ means a product:
(a) containing not less than 90% of calcium carbonate (CaCO
3);
(b) analysis of which shows 35% or more of calcium (Ca);
4. ‘fenugreek’, trigonella phoenum graecum, means a product:
(a) with a characteristic smell;(b) containing trigonelline;
(c) analysis of which shows a crude protein content of not less than
25% and a total fat content of not less than 5%;
5. ‘high viscosity swelling starch’ means:
starch, whether or not modified, showing certain minimum properties
of resistance to filtration, which must be verified by the following
test:
Prepare in a beaker:99 gr of crystallized white sugar;
1 gr of the sample of product to be tested.
Add 200 ml of water.Shake or stir the mixture for three hours at a temperature of 25 °C.
Proceed with the filtering test as follows:
Pour 20 ml of the mixture into a 45 mm diameter Büchner funnel
covered with a Schleicher and Schüll ashless filter paper (Prolabo
black band) and inserted in a flask under 10 cm mercury vacuum.
The volume filtered in two minutes must not exceed 6 ml.
6. ‘salt’ means sodium chloride (NaCl);
7. ‘ferric oxide’ means a product containing not less than 50% af Fe
2O3,
from dark red to brown in colour, and powdered to a degree offineness which will allow 90% to pass through a sieve with 0.10mm
mesh.!
B1972R0100 — EN — 01.02.1995 — 005.001 — 13