1996L0016 — EN — 02.02.2004 — 002.001 — 1
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►B COUNCILDIRECTIVE96/16/EC
of19March1996
onstatisticalsurveysofmilkandmilkproducts
(OJ L 78, 28.3.1996, p. 27)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
►M2Directive 2003/107/EC of the European Parliament and of the Council of
5 December 2003L 7 40 13.1.2004
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COUNCILDIRECTIVE96/16/EC
of19March1996
onstatisticalsurveysofmilkandmilkproducts
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Council Directive 72/280/EEC of 31 July 1972 on the statis-
tical surveys to be made by the Member States on milk and milkproducts (
3) has been amended on several occasions; whereas, in the
light of new amendments, it is in the interest of transparency to refor-mulate the provisions of the said Directive;
Whereas in order to carry out its duties under the Treaty and under
Community provisions on the common organization of the market in
milk and milk products the Commission needs reliable information
about the production and use of milk and regular, reliable, short-terminformation about the delivery of milk to enterprises which treat orprocess milk and about the production of milk products in the MemberStates;
Whereas surveys on the production and use of milk on the farm should
be conducted in accordance with uniform criteria and in greater detail,and monthly surveys should be made in all Member States in enter-
prises which process milk;
Whereas, in order to obtain comparable results, common criteria should
be fixed as regards the scope of the survey, the characteristics to benoted and the survey procedure;
Whereas experience acquired in implementing the previous rules has
shown that it would be useful to simplify the provisions, in particularby abolishing the requirement to provide weekly results;
Whereas, in view of the growing importance of the milk-protein
content of milk products the appropriate steps must be taken;
Whereas, in order to facilitate implementation of the provisions of this
Directive, it is appropriate to continue the close cooperation betweenthe Member States and the Commission, particularly in the Standing
Committee for Agricultural Statistics established by Decision 72/279/
EEC (
4),
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States:1. shall survey the survey units specified in Article 2 for the data
specified in Article 4, and shall inform the Commission of themonthly, annual and triennial results;
2. shall carry out annual surveys of the production of milk and its use
among agricultural holdings as defined in accordance with theprocedure laid down in Article 7;
3. subject to the Commission's agreement, may use data from other
official sources.1996L0016 — EN — 02.02.2004 — 002.001 — 2
(1) OJ No C 321, 1. 12. 1995, p. 6.
(2) OJ No C 32, 5. 2. 1996.
(3) OJ No L 179, 7. 8. 1972, p. 2. Directive as last amended by the 1994 Act of
Accession.
(4) OJ No L 179, 7. 8. 1972, p. 1.
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Article 2
The surveys referred to in Article 1 (1) shall cover:
1. undertakings or agricultural holdings which purchase whole milk or,
in certain cases, milk products, either directly from agriculturalholdings or from the undertakings referred to in point 2, with a
view to transforming them into milk products;
2. undertakings which collect milk or cream in order to transfer it in
whole or in part, without any processing, to the undertakings
referred to in point 1.
Member States shall take all appropriate measures to prevent duplica-
tion of results as far as possible.
Article 3
1. For the purpose of this Directive, ‘milk’ means the milk of cows,
ewes, goats and buffaloes. The monthly surveys provided for in Article4 (1) (a) shall cover only cow's milk and products manufactured exclu-
sively from cow's milk.
2. The list of milk products covered by the surveys shall be adopted
in accordance with the procedure laid down in Article 7. That list maybe amended in accordance with the same procedure.
3. The standard definitions to be used for communicating the results
for the various products shall be drawn up in accordance with theprocedure laid down in Article 7.
Article 4
1. The surveys referred to in Article 1 (1) must permit at least the
information mentioned in points (a), (b) and (c) below to be provided.
Questionnaires must be compiled in such a way as to avoid duplication.
The information shall relate to:
(a) monthly:
(i) the quantity and fat content of the milk and cream collected
and the protein content of the cows' milk collected;
(ii) the quantity of certain fresh milk products processed and avail-
able for delivery and of certain manufactured dairy products;
(b) annually:
(i) the quantity, fat content and protein content of the available
milk and cream;
(ii) the quantity of fresh milk poducts which have been processed
and which are available for delivery, and of other manufac-tured dairy products, broken down by type;
(iii) the use of raw materials in the form of whole milk and
skimmed milk and the amount of fats used in the manufacture
of dairy products;
(iv) the protein content of the main milk products, based on the
measuring or estimating method most likely to guarantee reli-
able data;
(v) the quantity of cows' milk produced by agricultural holdings
on a regional basis (territorial unit NUTS 2) according to themost appropriate measuring or estimating method for guaran-teeing the reliability of the data;
(c) triennially (as from 31 December 1997):
the number of the survey units referred to in Article 2, broken
down by size class.1996L0016 — EN — 02.02.2004 — 002.001 — 3
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Article 5
1. Without prejudice to the second subparagraph, the surveys
referred to in Article 1 (1) shall be exhaustive in the case of dairiesaccounting for at least 95 % of the cow's milk collected by the MemberState, with the balance being estimated on the basis of representative
samples or other sources.
Member States may carry out the monthly surveys mentioned in Article
4 (1) (a) in the form of sample surveys. In that case the sampling errormust not exceed 1 % of total national collection (with a confidenceinterval of 68 %).
2. Member States shall take all appropriate measures to obtain
comprehensive and suficiently accurate results. They shall forward to
the Commission in the form of a methodological report all informationenabling the accuracy of the results transmitted to be assessed, in parti-cular:
(a) the questionnaires used;
(b) the precautions taken to avoid double counting;
(c) the methods used for transposing the data obtained from the ques-
tionnaire to Community tables.
The methodological reports, the availability and reliability of data and
any other matter related to the implementation of this Directive shall beexamined once a year in the relevant working party of the StandingCommittee for Agricultural Statistics. ►
M2Member States shall
notify the Commission annually of the methodological information
relating to the information referred to in Article 4(1), using a standard
questionnaire drawn upby the Commission in accordance with theprocedure laid down in Article 7. ◄
Article 6
1. Tables for the transmission of data shall be prepared in accor-
dance with the procedure laid down in Article 7.
These tables may be amended in accordance with the same procedure.
2. Member States shall transmit the results referred to in paragraph
3, including data which are deemed confidential under national legisla-tion or rules applied with regard to statistical confidentiality, inaccordance with the provisions of Council Regulation (Euratom, EEC)No 1588/90 of 11 June 1990 on the transmission of data subject to
statistical confidentiality to the Statistical Office of the European
Communities (
1).
3. Member States shall send to the Commission as soon as possible
after summarizing the information, and at the latest:
(a) forty-five days after the end of the return month, the monthly
results referred to in Article 4 (1) (a);
(b) in June of the year following the return year:
— the annual results referred to in Article 4 (1) (b);
(c) in September of the year following the year of the reference date,
the results referred to in point 2 of Article 1 and in points (b)(v)and (c) of Article 4(1).
4. The Commission shall collate the information sent by the
Member States and notifiy them of the overall results.1996L0016 — EN — 02.02.2004 — 002.001 — 4
(1) OJ No L 151, 15. 6. 1990, p. 1.▼B
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Article 7
1. The Commission shall be assisted by the Standing Committee on
Agricultural Statistics, hereinafter referred to as ‘the Committee’.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 8
No later than 1 July 1999, the Commission shall submit to the Council
a report on experience acquired in implementing this Directive. At thesame time it shall submit, in particular, the results of the analysis
referred to in Article 4 (2) accompanied where appropriate by propo-
sals regarding the definitive period.
Article 9
1. Directive 72/280/EEC shall be repealed with effect from 1
January 1997.
2. The references to the repealed Directive 72/280/EEC shall be
construed as referring to this Directive.
Article 10
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by 1January 1997. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on the
occasion of their official publication. The methods of making such
reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of
the main provisions of domestic law which they adopt in the fieldgoverned by this Directive.
Article 11
This Directive shall enter into force on the twentieth day following that
of its publication in the Official Journal of the European Communities .
Article 12
This Directive is addressed to the Member States.1996L0016 — EN — 02.02.2004 — 002.001 — 5
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼B