1992R2234 — EN — 01.07.2001 — 003.001 — 1
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►B COMMISSIONREGULATION(EEC)No2234/92
of31July1992
laying down detailed rules for the application of the aid for the consumption of fresh milk
productsinMadeira
(OJ L 218, 1.8.1992, p. 102)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2.7.1993
►M2Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26.7.1995
►M3Commission Regulation (EC) No 1194/2002 of 3 July 2002 L 174 9 4.7.2002
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No2234/92
of31July1992
laying down detailed rules for the application of the aid for the
consumptionoffreshmilkproductsinMadeira
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992 concerning specific measures for the Azores and Madeira relatingto certain agricultural products(
1), and in particular Article 15 (2)
thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to
be applied for the purposes of the common agricultural policy(2), as
last ameneded by Regulation (EEC) No 2205/90(3), and in particular
Article 12 thereof,
WhereasArticle 15 (1) of the s aid Regulation providesfor an aid to be
granted for the human consumption of fresh cows' milk productsproduced in Madeira, within the limitsof the cons umption needsof
the island; whereas the aid is to be paid to dairies; whereas payment
of the aid is subject to the benefit therefrom being actually passed onto the consumer;
Whereascertain detailed rulesfor the application of the meas ure in
question should be laid down, including the quantity of milk productsqualifying for the aid;
Whereas the administrative authorities should be endowed with appro-
priate instruments for preventing the aid in question from beingdiverted from its objectives, which are regular disposal on the localmarket of locally produced fresh cows' milk products and the passing
on of the benefit to the final consumer;
Whereas control measures should be established by the national autho-
rities to ensure that the aid scheme operates properly; whereasprovision should be made for periodic reporting to the Commission;
Whereas the arrangements established by Regulation (EEC) No 1600/
92 entered into force on 1 July 1992; whereasthe detailed rulesfortheir application should take effect on the same date;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for MilkProducts,
HAS ADOPTED THIS REGULATION:
Article 1
1. The aid for the human consumption of milk products produced in
Madeira provided for in Article 15(2) of Regulation (EC) No 1453/2001 shall be paid, subject to the limit of 4 000 tonnes of whole milk,for a period of 12 months.
2. Milk produced in Madeira for which the aid referred to in para-
graph 1 is granted shall be used entirely in the local manufacture ofmilk productsintended for local cons umption only.1992R2234 — EN — 01.07.2001 — 003.001 — 2
(1) OJ No L 173, 27. 6. 1992, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.▼M3
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3. For the purposes of this Regulation, ‘whole milk’ means the
product which isobtained by milking one or more cowsand whos ecomposition has not been modified since milking.
Article 1a
The reconstituted UHT milk referred to in Article 15(4) of Regulation
(EC) No 1453/2001 shall incorporate at least 15 % of fresh milk
produced locally.
Article 2
1. The aid shall be granted upon written application by dairies
which undertake to:
(a) keep accountss howing, in particular, the quantitiesof each milk
product and the quantities of milk used in those products;
(b) submit to any control measure determined by the Member State
concerned, in particular with regard to the verification of theaccountsand control of the quality of the productsin ques tion.
2. Applications for payment of the aid must be made using a stan-
dard printed form asrequired by the competent authority of theMember State and contain at least the following particulars:
— the quantitiesof milk us ed in each product by category of product,
— the name and address of the dairy,
— the amount of the corresponding aid.
Article 3
1. Portugal shall take all appropriate measures, in particular with
regard to control, to ensure that:
(a) the aid isgranted only for the milk productsreferred to in Article 1
intended for direct human consumption in Madeira;
(b) benefit from the aid is passed on to the consumer by actual impact
on the final retail price.
2. Portugal shall notify the Commission within three months of the
entry into force of thisRegulation of the meas uresreferred to in para-graph 1.
Article 4
1. The controls carried out pursuant to Article 2 (1) must be the
subject of a report specifying:
— the date of the control,
— the place of the control,
— the results obtained.
2. The competent authorities shall notify the Commission of cases of
irregularitieswithin four weeks .
Article 5
Where the benefit of the aid is not passed on to the final consumer, the
competent authoritiesin Portugal:
— shall recove the aid in whole or in part,
— may limit or suspend entitlement to the aid either temporarily or
permanently, according to the seriousness of the failure to fulfilthe obligations.
Article 6
Portugal shall send to the Commission, not later than the last day of
each month, the following particularsconcerning the preceding month:
— the quantitiesfor which aid applicationshave been made,1992R2234 — EN — 01.07.2001 — 003.001 — 3
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— the quantitiesfor which aid hasbeen approved.
Article 7
ThisRegulation s hall enter into force on the day following itspublica-
tion in the Official Journal of the European Communities .
It shall apply from 1 July 1992.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1992R2234 — EN — 01.07.2001 — 003.001 — 4
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