1992R2234 — EN — 01.07.1993 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No2234/92
of31July1992
layingdowndetailedrulesfortheapplicationoftheaidfortheconsumptionoffreshmilkproducts
inMadeira
(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
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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,
Whereas Article 15 (1) of the said Regulation provides for an aid to be
granted for the human consumption of fresh cows' milk products
produced in Madeira, within the limits of the consumption needs of theisland; whereas the aid is to be paid to dairies; whereas payment of theaid is subject to the benefit therefrom being actually passed on to theconsumer;
Whereas certain detailed rules for the application of the measure in
question should be laid down, including the quantity of milk products
qualifying for the aid;
Whereas the administrative authorities should be endowed with appro-
priate instruments for preventing the aid in question from being divertedfrom its objectives, which are regular disposal on the local market 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 authori-
ties to ensure that the aid scheme operates properly; whereas provisionshould 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; whereas the detailed rules for their
application should take effect on the same date;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. The aid for the human consumption of fresh cows' milk products
produced in Madeira provided for in Article 15 of Regulation (EEC) No1600/92 shall be paid, subject to the limit of 7 000 tonnes of wholemilk, for aperiod of 12 months.
2. The amount of the aid shall be ECU 7 per 100 kilograms of whole
milk used in the production of the various products listed in the Annex
hereto.►
M1 ◄
3. For the purposes of this Regulation, ‘whole milk’ means the
product which is obtained by milking one or more cows and whosecomposition has not been modified since milking.
(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.
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Article 2
1. The aid shall be granted upon written application by dairies which
undertake to:
(a) keep accounts showing, in particular, the quantities of 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 theaccounts and control of the quality of the products in question.
2. Applications for payment of the aid must be made using a standard
printed form as required by the competent authority of the Member
State and contain at least the following particulars:
— the quantities of milk used 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 is granted only for the milk products referred 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 this Regulation of the measures referred to in para-graph 1.
Article 4
1. The controls carried out pursuant to Article 2 (1) must be the
subject of areport 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
irregularities within four weeks.
Article 5
Where the benefit of the aid is not passed on to the final consumer, the
competent authorities in 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 fulfil theobligations.
Article 6
Portugal shall send to the Commission, not later than the last day of
each month, the following particulars concerning the preceding month:
— the quantities for which aid applications have been made,
— the quantities for which aid has been approved.
Article 7
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
It shall apply from 1 July 1992.This Regulation shall be binding in its entirety and directly applicable
in all Member States.
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ANNEX
ListofproductseligiblefortheCommunityaidreferredtoinArticle15(1)
ofRegulation(EEC)No1600/92
1. Raw milk.
2. Whole milk, pasteurized.
3. Cream.4. Whole-milk yogurt.5. Fresh cheese with a fat content, by weight of dry matter, not exceeding 40%.