1990R2742 — EN — 27.09.1990 — 000.001 — 1
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►B COMMISSION REGULATION (EEC) No 2742/90
of 26 September 1990
laying down detailed rules for the application of Council Regulation (EEC) No 2204/90
(OJ L 264, 27.9.1990, p. 20)
Corrected by:
►C1Corrigendum, OJ L 276, 6.10.1990, p. 46 (2742/90)
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▼B
COMMISSION REGULATION (EEC) No 2742/90
of 26 September 1990
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EEC) No 2204/90
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2204/90 of 24 July
1990 laying down additional general rules on the common organizationof the market in milk and milk products as regards cheese(
1), and in
particularthesecondparagraphofArticle1,thesecondsubparagraphofArticle 3 (3) and Article 5 thereof,
Whereas the first paragraph of Article 1 of Regulation (EEC) No
2204/90 stipulates that the use of casein and caseinates in the manufac-ture of cheese is subject to prior authorization; whereas it is necessaryto lay down detailed rules for the grant of such authorizations, havingregard to the requirements as regards checks on undertakings; whereasauthorizations should be granted for a limited period, so that theMember States can impose penalties for failure to comply withCommunity provisions;
Whereas the second paragraph of Article 1 of the said Regulation
stipulates that the maximum percentages of casein and caseinates to beincorporated in cheese must be determined on the basis of objectivecriteria laid down having regard to what is technologically necessary;whereasitisnecessarytodeterminethesaidpercentagesonthebasisofdata supplied by the Member States; whereas, in order to facilitatechecks to ensure compliance with this provision, it is advisable to setoverall percentages rather than percentages for individual products;
Whereas Article 3 (1) of the said Regulation requires Member States to
introduce administrative and physical controls; whereas it is necessaryto specify the conditions which these controls should fulfil, particularlywith regard to their frequency;
Whereas Article 3 (3) of the said Regulation states that a sum equal to
thedifferencebetweenthevalueoftheskimmedmilkresultingfromtheintervention price for skimmed milk powder on the one hand and themarket price for casein and caseinates on the other hand, plus 10 %, isdue for quantities of caseins and caseinates used without authorization;whereas this sum has to be determined having regard to prices recordedon the markets during a reference period;
Whereas the Management Committee for Milk and Milk Products has
not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Authorizations mentioned in Article 1 of Regulation (EEC) No
2204/90shallbegrantedforaperiodof12months,attherequestoftheundertakings concerned subject to their giving a prior undertaking inwritingtoacceptandcomplywiththeprovisionsofArticle3(1)(a)and(b) on the one hand, and (c) on the other, of the aforementionedRegulation.
2. Authorizations shall be issued with a serial number for each
undertaking or, where necessary, for each production unit.
(1) OJ No L 201, 31. 7. 1990, p. 7.
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3. Authorizations may cover one or more types of cheese, in accord-
ance with the application made by the undertaking concerned.
Article 2
1. Themaximumpercentagestobeincorporated,asreferredtointhe
second paragraph of Article 1 of Regulation (EEC) No 2204/90, aregivenintheAnnextothisRegulation.TheyshallapplytotheweightofthetypesofcheesesetoutintheAnnexproducedbytheundertakingorproduction unit concerned during a six-month period.
2. ThelistofproductsgivenintheAnnexandthemaximumpercent-
ages relating thereto shall be adjusted to take account of reasonedapplications providing evidence that there is a technological need forthe addition of casein or caseinates.
Article 3
1. The stock accounts referred to in Article 3 (1) (b) of Regulation
(EEC) No 2204/90 shall include information as to the origin, composi-tion and quantity of the raw materials used in the manufacture of thecheeses. Member States may require samples to be taken to provide acheck on this information. Member States shall ensure that the informa-tion collected from undertakings is treated as confidential.
2. ThechecksreferredtoinArticle3(1)(c)ofRegulation(EEC)No
2204/90 must fulfil the following requirements:
(a) at least 30 % of the undertakings in receipt of authorizations shall
be checked each quarter;
(b) each undertaking in receipt of an authorization shall be checked at
least once per year, and undertakings producing more than 300tonnes of cheese per year shall be checked at least twice per year.
3. Within a period of one month from when the infringement was
recorded, Member States shall notify the Commission of cases in whichcasein and/or caseinates have been used either without authorization orwithout abiding by the percentages laid down.
Article 4
1. ThesumdueinaccordancewithArticle3(3)ofRegulation(EEC)
No 2204/90 ►
C1shall be ECU 255 ◄per 100 kilograms of casein
and/or caseinates, having regard to the price of casein and caseinatesrecorded on the markets in the second quarter of 1990.
2. The sums recovered in this way shall be paid to the paying
departments and agencies and offset by them against expenditurefinanced by the Guarantee Section of the European AgriculturalGuidance and Guarantee Fund.
Article 5
In addition to the notifications required under Article 3 (2) of Regula-
tion(EEC)No2204/90,MemberStatesshallsubmittotheCommissionbeforetheendofeachquarterthefollowinginformationonthepreviousquarter:
1. the number of authorizations granted and/or revoked,2. the quantities of casein and caseinates declared in respect of these
authorizations, broken down by type of cheese.
Article 6
ThisRegulationshallenterintoforceonthedayofitspublicationinthe
Official Journal of the European Communities .
It shall apply from 15 October 1990.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX
Maximum percentages to be incorporated, as referred to in Article 2 (1):
— processed cheese falling within CN code 040630: 5 %.