2001R0214 — EN — 17.12.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No214/2001
of12January2001
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No1255/1999asregards
interventiononthemarketinskimmed-milkpowder
(OJ L 37, 7.2.2001, p. 100)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1534/2002 of 28 August 2002 L 231 35 29.8.2002
►M2Commission Regulation (EC) No 1931/2002 of 29 October 2002 L 295 7 30.10.2002
►M3Commission Regulation (EC) No 2239/2002 of 16 December 2002 L 341 12 17.12.2002
▼B
COMMISSIONREGULATION(EC)No214/2001
of12January2001
laying down detailed rules for the application of Council Regula-
tion (EC) No 1255/1999 as regards intervention on the market in
skimmed-milkpowder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in milk and milkproducts(
1), as amended by Regulation (EC) No 1040/2000(2), and in
particular Article 10 thereof,
Whereas:
(1)Regulation (EC) No 1255/1999 replaced Council Regulation
(EEC) No 804/68(3) and also, inter alia , Council Regulation
(EEC) No 777/87(4) dealing with the buying-in arrangements
for butter and skimmed-milk powder. In view of those new
arrangements and in the light of the experience gained, the
detailed rules governing intervention on the market inskimmed-milk powder should be amended. In the interests ofclarity, therefore, the recasting of the specific regulations whichpreviously governed the various aspects of intervention, namely
Commission Regulations (EEC) No 2213/76 of 10 September
1976 on the sale of skimmed-milk powder from publicstorage(
5), as last amended by Regulation (EC) No 2080/96(6),
(EEC) No 1362/87 of 18 May 1987 laying down detailed rulesfor the application of Regulation (EEC) No 777/87 with respectto the buying-in and the granting of aid for the private storage of
skimmed-milk powder(
7), as last amended by Regulation (EC)
No 569/96(8), (EEC) No 1158/91 of 3 May 1991 on the
buying-in by tender of skimmed-milk powder to interventionagencies(
9), as last amended by Regulation (EC) No 124/
1999(10), and (EC) No 322/96 of 22 February 1996 laying
down detailed rules of application for the public storage of
skimmed-milk powder(11), as last amended by Regulation (EC)
No 419/98(12), should be undertaken and their provisions should
be brought together in a single regulation.
(2)The intervention agencies may only buy in skimmed-milkpowder which meets the requirements laid down in Article 7(1)of Regulation (EC) No 1255/1999 as well as the conditions ofquality and presentation, which need to be defined. The methods
of analysis and detailed rules governing quality control should
also be specified and, if the situation so requires, provisionshould be made for checks of the radioactivity in skimmed-milkpowder, the maximum levels of which need to be established,where appropriate, by Community legislation.
(3)To ensure that the intervention arrangements function smoothly,it is necessary to specify the conditions for the approval of
manufacturing undertakings and verification of compliance
therewith. To ensure that the arrangements are effective, provi-sion should be made for action to be taken if these conditions2001R0214 — EN — 17.12.2002 — 002.001 — 2
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 118, 19.5.2000, p. 1.
(3) OJ L 148, 28.6.1968, p. 13.
(4) OJ L 78, 20.3.1987, p. 10.
(5) OJ L 249, 11.9.1976, p. 6.
(6) OJ L 279, 31.10.1996, p. 15.
(7) OJ L 129, 19.5.1987, p. 9.
(8) OJ L 80, 30.3.1996, p. 48.
(9) OJ L 112, 4.5.1991, p. 65.
(10) OJ L 16, 21.1.1999, p. 19.
(11) OJ L 45, 23.2.1996, p. 5.
(12) OJ L 52, 21.2.1998, p. 20.
▼B
are not complied with. Since skimmed-milk powder may be
bought in by an intervention agency belonging to a MemberState other than that on whose territory it was produced, the
intervention agency which does the buying-in should be able to
verify that the conditions relating to quality and presentation arecomplied with in such cases.
(4)Failure to comply with such requirements should not burden theCommunity budget; non-compliant skimmed-milk powdershould therefore be taken back by the operator, who should be
made to bear the storage costs incurred.
(5)The minimum quantity offered for sale should be specified.Offers should be accompanied by a security, in order to guar-
antee that the offer will be maintained and that the skimmed-milk powder will be delivered within the time limits to be laiddown.
(6)Under Article 7 of Regulation (EC) No 1255/1999, interventionagencies may buy in only skimmed-milk powder which has a
minimum protein content. Furthermore, the buying-in price may
vary according to the protein content. The method for calculatingthe buying-in price should be defined.
(7)Member States' obligations should be specified with a view tothe proper management of stocks in storage, by stipulating amaximum distance for the place of storage and the costs to beborne when that distance is exceeded, and requiring, in parti-
cular, that stocks be accessible, that batches be identified and
that skimmed-milk powder in storage be insured against risks.In order to ensure a uniform frequency and level of checks, itis necessary to specify the nature and number of inspections ofstorage premises to be performed by the national authorities.Since intervention agencies are bound by existing contracts for
the current storage period, provision should be made whereby
the new requirements to be met by storage depots regardingentry into and removal from storage will apply only to quantitiesof skimmed-milk powder bought into intervention from 1September 2000.
(8)Under Article 7(2) of Regulation (EC) No 1255/1999, thebuying-in of skimmed-milk powder may be suspended as soon
as the quantities offered for intervention in the period from 1
March to 31 August each year exceed 109000 tonnes. Whenthat occurs, buying-in may be performed under a standing invita-tion to tender, the detailed rules for which need to be laid down.The components of the tender, particularly the minimum quan-
tity, the time limits for submission and the maximum buying-in
price should be defined. To ensure compliance with the require-ments as to the quality and presentation of the skimmed-milkpowder at the time of the tender and after entry into storage,tenderers should be required to submit a written undertaking tothat effect, together with their tender. A security should also
accompany a tender, in order to guarantee that the tender will
be maintained after the closing date for submission of tendersand that the skimmed-milk powder will be delivered withincertain deadlines to be laid down. Furthermore, the methodused for calculating the buying-in price by reference to the
protein content of the skimmed-milk powder bought in should
be defined.
(9)Proper management of intervention stock requires the skimmed-milk powder to be resold as soon as outlets become available.To ensure equal access to skimmed-milk powder for sale, allinterested parties should be able to buy. In order not to destabi-lise the market, the selling price should be fixed having regard to
the market situation. Conditions for sale, entailing the lodging of
a performance bond, should be laid down, particularly as regardsthe taking-over of the skimmed-milk powder and the time limitsfor payment. In order to monitor the situation of stocks, MemberStates should inform the Commission of the quantities ofskimmed-milk powder sold.2001R0214 — EN — 17.12.2002 — 002.001 — 3
▼B
(10)Article 7(3) of Regulation (EC) No 1255/1999 provides for aid
to be granted for the private storage of skimmed-milk powder.
To ensure that the arrangements can be monitored properly,provision should be made for a contract and a set of specifica-tions regarding storage conditions. For the same reason, detailedrules should also be laid down regarding documentation,accounting and the frequency of checks and inspection proce-
dures, particularly in respect of the requirements laid down in
Article 7(3). To facilitate checks on the presence of productsstored under private storage contracts, there should be provisionfor them to be removed from storage in lots unless the MemberState authorises removal of a smaller quantity.
(11)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Milk andMilk Products,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
This Regulation lays down the detailed rules for intervention on the
market in skimmed-milk powder as provided for in Article 7 of Regu-
lation (EC) No 1255/1999, as regards:
(a) buying-in at the intervention price;
(b) buying-in under a standing invitation to tender;
(c) the sale at a fixed price of skimmed-milk powder from public
storage;
(d) the grant of private storage aid.
CHAPTER II
PUBLICSTORAGE
Section 1
Conditionsforbuying-in
Article 2
1. The intervention agencies shall buy in only skimmed-milk
powder which complies with the first and second subparagraphs ofArticle 7(1) of Regulation (EC) No 1255/1999 and paragraphs 2 to 7of this Article and which is offered for intervention in the period from1 March to 31 August.
2. The competent authorities shall check the quality of skimmed-
milk powder using the analytical methods set out in Annex I on the
basis of samples taken in accordance with the rules set out in Annex
III. The checks must establish that the skimmed-milk powder does notcontain other products, in particular buttermilk or whey, as defined inAnnex I.
However, if the Commission so agrees, Member States may set upa
system of self-checking under their own supervision for certain qualityrequirements and certain approved undertakings.
3. Radioactivity levels in the skimmed-milk powder may not exceed
the maximum levels permitted, where applicable, under Community
rules.
The level of radioactive contamination of the product shall be moni-
tored if the situation so requires and during the period necessary only.Where necessary, the duration and scope of checks shall be determinedin accordance with the procedure laid down in Article 42 of Regulation(EC) No 1255/1999.2001R0214 — EN — 17.12.2002 — 002.001 — 4
▼B
4. The skimmed-milk powder must have been manufactured during
the 30 days preceding the day on which the intervention agencyreceived the offer to sell. If the skimmed-milk powder is stored in
silos, it must have been manufactured during the four weeks preceding
the week during which the offer was received.
5. The minimum quantity offered for sale shall be 20 tonnes.
Member States may require skimmed-milk powder to be offered bythe complete tonne only.
6. The skimmed-milk powder shall be put up in bags of a net weight
of 25 kg meeting the requirements laid down in Annex II and showing
the following particulars, where appropriate in code:
(a) the approval number identifying the factory and the Member State
of manufacture;
(b) the date or, where appropriate, the week of manufacture;
(c) the number of the manufacturing batch;
(d) the description ‘spray skimmed-milk powder’.
7. The skimmed-milk powder shall be delivered on pallets suitable
for long-term storage:
If delivery is on expendable pallets, the buying-in price of the
skimmed-milk powder shall cover purchase of the pallet.
If delivery is on EUR palettes or palettes of a comparable quality, they
shall be returned to the seller or exchanged against equivalent palettesnot later than on removal from storage.
Article 3
1. Undertakings as referred to in Article 7(1) of Regulation (EC) No
1255/1999 shall be approved only if they:
(a) are approved in accordance with Article 10 of Council Directive
92/46/EEC(
1), and have the appropriate technical equipment;
(b) undertake to keepp ermanent records in the form determined by the
competent agency of each Member State, listing the origin of theraw materials, the quantities of skimmed-milk powder, buttermilkand whey obtained and the market preparation, identification andexit date of each batch of skimmed-milk powder, buttermilk and
whey;
(c) agree to submit their production of skimmed-milk powder liable to
be offered for intervention to a specific official inspection;
(d) undertake to inform the body responsible for inspection, at least
two working days in advance, of their intention to manufactureskimmed-milk powder for public intervention; however, theMember State may set a shorter time limit.
2. To ensure compliance with this Regulation, the competent autho-
rities shall carry out unannounced on-the-spot inspections, on the basis
of the intervention skimmed-milk powder production schedule of the
undertakings concerned.
They shall carry out at least:
(a) one inspection per period of 28 days of manufacture for interven-
tion, with at least one inspection every six months, to examine therecords referred to in paragraph 1(b);
(b) one inspection every six months, to verify compliance with the
other approval requirements referred to in paragraph 1.
3. Approval shall be withdrawn if the prior requirements laid down
in paragraph 1(a) are no longer satisfied. Approval may be reinstatedafter no less than six months, at the request of the undertakingconcerned, following an in-depth inspection.2001R0214 — EN — 17.12.2002 — 002.001 — 5
(1) OJ L 268, 14.9.1992, p. 1.
▼B
Where an undertaking is found not to have complied with one of its
undertakings as referred to in paragraph 1(b), (c) and (d), except incases of force majeure , approval shall be suspended for a period of
between 1 and 12 months, depending on the seriousness of the irregu-
larity.
A Member State shall not impose the said suspension where it finds
that the irregularity was not committed deliberately or as a result ofserious negligence and that it is of minimal importance in terms of
the effectiveness of the checks provided for in paragraph 2.
4. A report shall be drawn up on the inspections carried out under
paragraphs 2 and 3 specifying:
(a) the date of the check;
(b) its duration;
(c) the operations carried out.
The report shall be signed by the inspector responsible and notified to
the undertaking.
5. Member States shall inform the Commission of the measures
taken with regard to the inspections provided for in paragraphs 2 and
3 within one month of their adoption.
Article 4
1. Where skimmed-milk powder is offered for intervention in a
Member State other than that in which it was manufactured, buying-inshall be subject to presentation, no later than 45 days after the day onwhich the offer was received, of a certificate supplied by the competentagency of the Member State of manufacture.
The certificate shall contain the information referred to in points (a),
(b) and (c) of Article 2(6) and a confirmation that the skimmed-milkpowder has been produced directly and exclusively from skimmedmilk, within the meaning of Article 7(5) of Regulation (EC) No 1255/1999, in an approved undertaking in the Community.
2. Where the Member State of manufacture has performed the
checks referred to in Article 2(2), the certificate shall also contain the
results of those checks and confirm that the product concerned isskimmed-milk powder within the meaning of Article 7(1) of Regula-tion (EC) No 1255/1999. In that case, the bags referred to in Article2(6) shall be sealed with a numbered label issued by the competentauthority of the Member State of manufacture. The number shall be
entered on the certificate referred to in paragraph 1.
Section 2
Procedureforbuying-inattheinterventionprice
Article 5
1. Offers shall give:
(a) the name and address of the seller;
(b) the quantity offered;
(c) the place where the skimmed-milk powder is held.
2. The intervention agency shall register the date on which the offer
is received, the corresponding quantities and dates of manufacture andthe place at which the skimmed-milk powder is stored.
Where buying-in at the intervention price is suspended in accordance
with the first subparagraph of Article 7(2) of Regulation (EC) No
1255/1999, reception and registration of offers shall be interruptedfrom the day following that on which the suspension decision is taken.
3. Offers shall be valid only if:
(a) they relate to a quantity of skimmed-milk powder meeting the
requirements of Article 2(5);2001R0214 — EN — 17.12.2002 — 002.001 — 6
▼B
(b) they are accompanied by a written undertaking by the seller to
comply with Articles 2(4) and 9;
(c) proof is furnished that the seller has lodged a security of EUR 2
per 100 kg in the Member State in which the offer is submitted,no later than the day on which the offer is received.
4. The undertaking provided for in paragraph 3(b), if sent initially to
the intervention agency, shall be valid by tacit renewal for subsequentoffers until explicitly cancelled by the seller or the intervention agency,provided that:
(a) the original offer stipulates that the seller intends to avail himself
of this provision;
(b) subsequent offers refer to this provision (by a reference to ‘Article
5(4)’) and to the date of the original offer.
Article 6
Maintenance of the offer and delivery of the skimmed-milk powder to
the depot designated by the intervention agency within the time limitlaid down in Article 7(2) shall constitute primary requirements withinthe meaning of Article 20 of Commission Regulation (EEC) No 2220/85(
1).
Article 7
1. After checking the offer, and within five working days following
the day of receipt, the intervention agency shall issue a dated andnumbered delivery order showing:
(a) the quantity of the skimmed-milk powder to be delivered;
(b) the final date for delivery;
(c) the storage depot to which it must be delivered.
2. The skimmed-milk powder shall be delivered within 28 days of
the day of receipt of the offer to sell. Delivery may be in severalconsignments.
3. The security referred to in point (c) of Article 5(3) shall be
released as soon as the quantity indicated in the offer has been deliv-
ered.
However, where the checks referred to in Article 2(2) show that the
skimmed-milk powder does not conform to the requirements laiddown in that Article, the security shall nevertheless be released for the
quantities not yet delivered.
4. The skimmed-milk powder shall be deemed to be taken over by
the intervention agency on the day when the full quantity ofskimmed-milk powder covered by the offer enters the storage depotdesignated by the intervention agency, but no earlier than the day after
the delivery order is issued.
5. Except in cases of force majeure , where the seller fails to deliver
within the time limit laid down, not only shall the security provided forin point (c) of Article 5(3) be forfeit in proportion to the quantities not
delivered, but buying-in shall also be cancelled in respect of the
remaining quantities.
Article 8
1. The intervention agency shall pay for the skimmed-milk powder
taken over between the 120th and the 140th day following the date of
taking-over, provided that it is found to comply with the requirementslaid down in Article 2.
2. Where the protein content of the non-fat dry matter, determined
using the method described in Annex I, is 35,6 % or more, the2001R0214 — EN — 17.12.2002 — 002.001 — 7
(1) OJ L 205, 3.8.1985, p. 5.
▼B
buying-in price shall be equal to the intervention price applicable on
the day on which the skimmed-milk powder was manufactured.
Where that protein content is 31,4 % or more but less than 35,6 %, the
buying-in price shall be equal to the intervention price less an amountcalculated as follows:
intervention price × ((0,356 – protein content) × 1,75).
Article 9
In making the offer the seller shall undertake, should the inspection
show that the skimmed milk powder does not comply with the require-
ments laid down in Article 2:
(a) to take back the goods in question;
(b) before taking back the goods, to pay the storage costs for the quan-
tities concerned from the date they are taken over to the date oftheir removal from storage.
The storage costs due shall be determined on the basis of flat-rate
amounts for entry, removal and storage costs, set pursuant to Article 6
of Council Regulation (EEC) No 1883/78(
1).
Section 3
Entryintoandremovalfromstorage
Article 10
1. The stores referred to in the fourth subparagraph of Article 7(1)
of Regulation (EC) No 1255/1999 shall:
(a) be dry, well maintained and free of vermin;
(b) be free of extraneous odours;
(c) permit good ventilation;
(d) have a capacity of at least 1 000 tonnes and removal facilities able
to accommodate the removal each day of at least 3 % of the quan-tity stored in the depot, at a minimum rate of 100 tonnes per day.For the purposes of this requirement, only the quantities ofskimmed-milk powder bought in from 1 September 2000 shall be
taken into account.
The risks of storing the skimmed-milk powder shall be covered by
insurance in the form of either a contractual obligation on storers or acomprehensive coverage of the liability borne by the interventionagency. The Member State may also act as its own insurer.
2. The intervention agencies shall require that the skimmed-milk
powder be placed and kept in storage on pallets and in easily identifi-able and readily accessible lots.
3. The competent authority responsible for inspection shall check on
the presence of the products in the depot as provided for in Article 4 ofCommission Regulation (EC) No 2148/96(
2).
Article 11
1. The intervention agency shall choose the available storage depot
nearest to the place where the skimmed-milk powder is stored.
However, it may choose another depot situated within the distance
referred to in paragraph 2. It may choose a depot situated beyond that
distance, taking account of storage and transport costs. In that case the
intervention agency shall notify the Commission of its choice forth-with.2001R0214 — EN — 17.12.2002 — 002.001 — 8
(1) OJ L 216, 5.8.1978, p. 1.
(2) OJ L 288, 9.11.1996, p. 6.
▼B
2. The maximum distance referred to in the third subparagraph of
Article 7(1) of Regulation (EC) No 1255/1999 shall be 350 km.Beyond that distance, the additional transport costs borne by the inter-
vention agency shall be EUR 0,05 per tonne and per kilometre.
However, where the intervention agency buying in the skimmed-milk
powder offered for sale is in a Member State other than that in whoseterritory it is stored, no account shall be taken of the distance betweenthe storage depot of the seller and the border of the Member State ofthe purchasing intervention agency when calculating the maximumdistance referred to in the first subparagraph.
Article 12
1. At the time of removal from storage, the intervention agency shall
make the skimmed-milk powder available on pallets at the depot'sloading bay, loaded onto the means of transport but not stowed.
Where the skimmed-milk powder is made available on EUR pallets or
pallets of comparable quality, the buyer shall return equivalent pallets
to the intervention agency on removal from storage.
2. The stowage costs and any depalletising costs shall be borne by
the buyer of the skimmed milk powder. These costs shall be fixed by
the Member State on a flat-rate basis and notified on request to inter-ested parties. The Commission shall be informed thereof within onemonth following adoption of this Regulation and prior to any changessubsequently made.
Section 4
Specialrulesapplicabletobuying-inbytenderingprocedure
Article 13
Where the Commission decides that skimmed-milk powder is to be
bought in through an open standing invitation to tender pursuant to
Article 7(2) of Regulation (EC) No 1255/1999 and in accordance withthe procedure under Article 42 thereof, Articles 2, 3, 4, 10, 11 and 12of this Regulation shall apply unless otherwise provided in this section.
Article 14
1. Notices of invitation to tender shall be published in the Official
Journal of the European Communities .
2. The period for the submission of tenders for each round shall
expire at 12 noon (Brussels time), on the second and fourth Tuesdaysof the month, except for the second Tuesday in August. If the Tuesdayis a public holiday, the closing date shall be the last preceding working
day at noon (Brussels time).
Article 15
1. Interested parties shall participate in the tendering procedure
announced by the intervention agency of a Member State, either bysubmitting a written tender against a receipt or by any means of tele-
communication with proof of receipt.
2. Tenders must give:
(a) the name and address of the tenderer;
(b) the quantity offered;
(c) the proposed price per 100 kg of skimmed-milk powder, not
including national taxes, delivered on pallets to the loading bay ofthe storage depot, in euro to no more than two decimal places;
(d) the place at which the skimmed-milk powder is stored.
3. Tenders shall be valid only if:
(a) they relate to skimmed-milk powder manufactured during the 21
days or, where applicable, three weeks preceding the closing date2001R0214 — EN — 17.12.2002 — 002.001 — 9
▼B
for submission of tenders as referred to in Article 14(2). Where the
interval between two invitations to tender is longer than 21 days,the skimmed-milk powder may have been manufactured during
that period;
(b) they relate to a quantity of skimmed-milk powder complying with
Article 2(5);
(c) they are accompanied by a written undertaking from the tenderer to
comply with point (a) of this paragraph and with Article 9;
(d) proof is furnished that the tenderer has lodged a security of EUR 2
per 100 kg for the invitation to tender concerned, in the MemberState in which the tender was submitted, before the closing date
for submission of tenders.
4. The undertaking provided for in point (c) of paragraph 3, if
forwarded initially to the intervention agency, shall be valid by tacit
renewal for subsequent tenders until explicitly cancelled by the
tenderer or the intervention agency, provided that:
(a) the original tender stipulates that the tenderer intends to avail
himself of this provision,
(b) subsequent tenders refer to this provision (by reference to ‘Article
15(4)’) and to the date of the original tender.
5. Tenders may not be withdrawn after the closing date referred to
in Article 14(2) for the submission of tenders relating to the invitation
to tender concerned.
Article 16
Maintenance of the tender after the closing date for submission of
tenders and delivery of the skimmed-milk powder to the depot desig-nated by the intervention agency within the time limit laid down inArticle 19(3) shall constitute primary requirements within the meaning
of Article 20 of Regulation (EEC) No 2220/85.
Article 17
1. Member States shall inform the Commission of the quantities and
prices offered by tenderers, no later than 9.00 a.m. (Brussels time) onthe day after the closing date referred to in Article 14(2).
2. In the light of the tenders received for each invitation to tender,
the Commission shall fix a maximum buying-in price, by reference tothe intervention prices applicable, in accordance with the procedurelaid down in Article 42 of Regulation (EC) No 1255/1999.
3. The Commission may decide to make no award under the round.
Article 18
1. Tenders shall be refused if the price proposed is higher than the
maximum price referred to in Article 17(2) fixed for the invitation totender concerned.
2. Rights and obligations arising under invitations to tender shall not
be transferable.
Article 19
1. The intervention agency shall inform tenderers immediately of the
outcome of their participation in the invitation to tender.
Where tenders have been unsuccessful, the security referred to in point
(d) of Article 15(3) shall be released immediately.
2. The intervention agency shall immediately issue to successful
tenderers a dated and numbered delivery order indicating:
(a) the quantity to be delivered;
(b) the final date for delivery of the skimmed-milk powder;
(c) the storage depot to which it must be delivered.2001R0214 — EN — 17.12.2002 — 002.001 — 10
▼B
3. Successful tenderers shall deliver the skimmed-milk powder not
later than 28 days after the closing date for the submission of tenders.Delivery may be made in several consignments.
4. The security shall be released as soon as the successful tenderer
has delivered the quantity indicated on the delivery order within thetime limit laid down.
5. Except in cases of force majeure , where the successful tenderer
fails to deliver within the time limit laid down, not only shall thesecurity provided for in point (d) of Article 15(3) be forfeit in propor-
tion to the quantities not delivered, but buying-in shall also be
cancelled in respect of the remaining quantities.
Article 20
1. The intervention agency shall pay the successful tenderer the
price indicated in paragraph 2 of this Article, between the 120th andthe 140th day following the date on which the skimmed-milk powderis taken over, provided that it is found to comply with Article 2(1),
(2), (3), (5), (6) and (7) and Article 15(3)(a).
2. Where the protein content of the non-fat dry matter, determined
using the method described in Annex I, is 35,6 % or more, thebuying-in price shall be equal to the price indicated in the tender.
Where that protein content is 31,4 % or more but less than 35,6 %, the
buying-in price shall be equal to the price indicated in the tender lessan amount calculated as follows:
price tendered × ((0,356 – protein content) × 1,75).
3. The skimmed-milk powder shall be deemed to be taken over by
the intervention agency on the day when full quantity of skimmed-milk powder covered by the tender enters the storage depot designatedby the intervention agency, but no earlier than the day after thedelivery order is issued.
Section 5
Sales
Article 21
Intervention agencies in the Member States shall sell to any interested
party skimmed-milk powder which they hold and which entered storagebefore►
M31 May 2002 ◄.
Article 22
1. Skimmed-milk powder shall be sold ex-storage depot at a price
equal to the intervention price fixed in Article 4(1)(b) of Regulation(EC) No 1255/1999 and applying on the day on which the sale contractis concluded, plus EUR 1 per 100 kg.
2. Applications to purchase shall state:
(a) the name and address of the buyer;
(b) the quantity desired;
(c) where applicable, the depot where the skimmed-milk powder is
stored and, if desired, a substitute depot.
3. Applications to purchase shall be valid only if:
(a) they relate to at least 10 tonnes: however, where the remaining
quantity in a storage depot is less than 10 tonnes, the sale shallrelate to that remaining quantity;
(b) proof is furnished that the buyer has lodged a security equal to
EUR 7 per 100 kg, in order to ensure that the primary requirementswithin the meaning of Article 20 of Regulation (EEC) No 2220/85are fulfilled as regards the taking over of the skimmed-milk powder2001R0214 — EN — 17.12.2002 — 002.001 — 11
▼B
within the time limit laid down in the first subparagraph of Article
24(1) of this Regulation.
Article 23
1. For the purposes of sale, the intervention agency shall award the
skimmed-milk powder according to the date when it was placed in
storage, starting with the oldest of the total available quantity or, asthe case may be, the quantity available in the storage depot or depotsdesignated by the buyer.
2. Where acceptance of an application to purchase would result in
the sale of a quantity exceeding the skimmed-milk powder still avail-able in the depot concerned, only the quantity available shall beawarded to the buyer in question. However, the intervention agency
may designate other depots to make up the quantity applied for,
provided that the buyer agrees.
3. Where the acceptance of two or more applications to purchase
skimmed-milk powder in a particular depot would lead to the sale of
a quantity in excess of that available, the award shall be made by allo-cating the quantity available in proportion to the quantities applied for.However, should such allocation lead to the award of quantities of lessthan five tonnes, the award shall be made by drawing lots.
4. All valid applications to purchase reaching the intervention
agency on the same day shall be deemed to have been submitted atthe same time.
5. Intervention agencies shall make the necessary arrangements to
enable interested parties to examine samples of the skimmed-milkpowder put up for sale at their own expense before concluding the
contract of sale.
Article 24
1. The buyer shall take delivery of the skimmed-milk powder within
one month from the date of conclusion of the contract of sale.
Delivery may be taken in instalments of not less than 10 tonnes each.
However, where the remaining quantity in a storage depot is less than10 tonnes, that remaining quantity may be delivered.
2. Before taking delivery of each quantity of skimmed-milk powder,
the buyer shall pay the intervention agency the price corresponding tothe quantity being delivered.
3. Except in cases of force majeure , the sales contract shall be
terminated in respect of any quantities of which the buyer has not takendelivery within the period specified in paragraph 1.
4. The security provided for in point (b) of Article 22(3) shall be
forfeit in respect of any quantities for which the contract of sale isterminated in accordance with paragraph 3 of this Article. It shall bereleased immediately in respect of quantities of which delivery is takenwithin the prescribed period.
5. In the event of force majeure the intervention agency shall take
such action as it considers necessary having regard to the circum-stances invoked.2001R0214 — EN — 17.12.2002 — 002.001 — 12
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CHAPTER III
PRIVATESTORAGE
Section 1
Contractandstorageconditions
Article 25
For the purposes of this chapter:
(a) ‘storage lot’ means a quantity weighing at least 10 tonnes and of
homogeneous composition and quality, originating in a single
factory, taken into storage in a single depot on a single day;
(b) ‘day of commencement of contractual storage’ means the day
following that of entry into store;
(c) ‘last day of contractual storage’ means the day before that of
removal from storage.
Article 26
Where the Commission decides to grant aid for the private storage of
skimmed-milk powder in accordance with Article 7(3) of Regulation
(EC) No 1255/1999, private storage contracts shall be concluded
between the intervention agency of the Member State on whose terri-tory the skimmed-milk powder is stored and natural or legal persons,hereinafter called ‘contractors’.
Article 27
Private storage contracts may be concluded only for skimmed-milk
powder, as referred to in the first subparagraph of Article 7(3) of Regu-lation (EC) No 1255/1999, which:
(a) contains not more than 11 % fat and 5 % water and has a protein
content of the non-fat dry matter of at least 31,4 %;
(b) has been manufactured during the 28 days or four weeks preceding
the day of commencement of contractual storage in an undertaking
approved in accordance with points (a) and (b) of Article 3(1) andwhich agrees to submit its production of skimmed-milk powderliable to be covered by a storage contract to a specific officialinspection;
(c) has a radioactivity level not exceeding the maximum levels referred
to in Article 2(3);
(d) is stored in bags with a net content of 25 kg or in ‘big bags’
weighing no more than 1 500 kg, bearing the following informa-tion, where appropriate in code:
(i) the approval number identifying the factory and the Member
State of manufacture,
(ii) the date or week of manufacture,
(iii) the number of the manufacturing batch,
(iv) the net weight;
(e) has not been placed under the arrangements referred to in Article
5(1) of Council Regulation (EEC) No 565/80(
1); subsequent
placing under those arrangements shall be regarded as ending thecontractual storage period.
Article 28
1. Storage contracts shall be concluded in writing for one or more
storage lots and shall include, in particular, provisions concerning:
(a) the quantity of skimmed-milk powder to which the contract
applies;2001R0214 — EN — 17.12.2002 — 002.001 — 13
(1) OJ L 62, 7.3.1980, p. 5.
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(b) the amount of aid;
(c) the dates relating to the execution of the contract, without prejudice
to a Commission decision pursuant to the second sentence of the
third subparagraph of Article 7(3) of Regulation (EC) No 1255/
1999 and in accordance with the procedure under Article 42thereof;
(d) the identity of the storage depots.
2. The checks, particularly those referred to in Article 33, shall be
the subject of specifications drawn up by the intervention agency ofthe Member State of storage. The storage contract shall refer to thesespecifications.
Article 29
1. The periods of entry into and removal from storage shall be fixed
at the time of the decision to grant private storage aid for skimmed-milk powder.
2. Removal from storage shall be in whole storage lots. However, in
the circumstances referred to in point (a) of Article 33(2), only a sealedquantity may be removed from storage.
Article 30
1. Applications to conclude contracts with the intervention agency
may relate only to lots of skimmed-milk powder which have been fullytaken into storage.
Applications must reach the intervention agency within no more than
30 days of the date of entry into storage. Intervention agencies shallregister the date of receipt.
If an application reaches the intervention agency within 10 working
days following the deadline, a storage contract may still be concludedbut the aid shall be reduced by 30 %.
2. Storage contracts shall be concluded within no more than 30 days
of the date of registration of the application.
Article 31
Where the skimmed-milk powder is stored in a Member State other
than the Member State of manufacture, a storage contract as referredto in Article 30 may be concluded only on condition that a certificatesupplied by the competent agency of the Member State of manufactureis presented within 50 days of the date on which the skimmed-milk
powder entered storage.
This certificate shall indicate the approval number identifying the
factory and the Member State of manufacture, the date or week of
manufacture and the number of the manufacturing batch, and shallconfirm that the product concerned is skimmed-milk powder asreferred to in the first subparagraph of Article 7(3) of Regulation (EC)No 1255/1999.
In the case referred to in the first paragraph of this Article, storage
contracts shall be concluded within no more than 60 days of the dateof registration of the application.
Section 2
Checks
Article 32
1. The Member State shall ensure that all the conditions conferring
entitlement to payment of the aid are fulfilled.
2. The contractor or, at the request of the Member State or with its
authorisation, the person responsible for the storage depot, shall makeavailable to the competent authority responsible for inspection any2001R0214 — EN — 17.12.2002 — 002.001 — 14
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documentation permitting verification of the following particulars of
products placed in private storage:
(a) the approval number identifying the factory and the Member State
of manufacture;
(b) the date of manufacture;
(c) the date of entry into storage;
(d) the manufacturing batch number;
(e) presence in the depot and the address of the depot;
(f) the date of removal from storage.
3. The contractor or, where applicable, the person responsible for
the storage depot shall keep stock records available at the depot for
each contract, covering:
(a) the storage lot number of the products placed in private storage;
(b) the dates of entry into and removal from storage;
(c) the quantity of skimmed-milk powder, indicated per storage lot;
(d) the location of the products in the depot.
4. Products stored shall be easily identifiable and easily accessible.
They shall be identified individually by contract.
Article 33
1. On entry into storage the competent authority shall conduct
checks within the period beginning on the date of entry into the storeand ending 28 days after the date of registration of the application forconclusion of the contract.
To ensure that the products stored are eligible for aid, the checks shall
be made on a representative sample of at least 5 % of the quantitiesplaced in storage to ensure that the storage lots in their entirety physi-cally conform to the application for conclusion of a contract as regardsthe weight, identification and nature of the products.
2. The competent authority shall:
(a) either seal the products by contract, storage lot or smaller quantity
at the time of the check provided for in paragraph 1;
(b) or make an unannounced check, by random sampling, to ensure
that the products are present in the depot. The random sample
concerned shall be representative and shall correspond to at least
10 % of the total quantity under contract for a private storage aidmeasure.
3. At the end of the contractual storage period, the competent
authority shall check, by random sampling, to verify weight and identi-
fication. However, where the skimmed-milk powder is still in storageafter expiry of the maximum contractual storage period, this checkmay be made when the product is removed from storage.
For the purposes of the check, the contractor shall inform the compe-
tent authority, indicating the storage lots concerned, at least five
working days before:
(a) the end of the maximum contractual storage period of 180 days;
or
(b) the start of the removal operations, where these take place during
or after the 180 day period.
The Member State may accept a shorter time limit than five working
days.
4. A report shall be drawn up on the checks carried out under para-
graphs 1, 2 and 3, specifying:
(a) the date of the check;
(b) its duration;2001R0214 — EN — 17.12.2002 — 002.001 — 15
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(c) the operations carried out.
The report shall be signed by the inspector responsible and counter-
signed by the contractor or, as the case may be, the personresponsible for the storage depot, and shall be included in the payment
dossier.
5. In the event of irregularities affecting at least 5 % of the quanti-
ties of products checked, the check shall be extended to a larger sampleto be determined by the competent authority.
The Member States shall notify such cases to the Commission within
four weeks.
Section 3
Storageaid
Article 34
1. Private storage aid as provided for in Article 7(3) of Regulation
(EC) No 1255/1999 may be granted only where the contractual storageperiod is between 60 and 180 days.
Where the contractor fails to comply with the time limit referred to in
Article 33(3) of this Regulation, the aid shall be reduced by 15 % and
shall be paid only in respect of the period for which the contractor
supplies satisfactory proof to the competent authority that theskimmed-milk powder has remained in contractual storage.
2. Without prejudice to Article 35 of this Regulation, the Commis-
sion shall set the amount of aid in accordance with the secondsubparagraph of Article 7(3) of Regulation (EC) No 1255/1999.
3. The aid shall be paid on application by the contractor, at the end
of the contractual storage period, within 120 days of receipt of the
application, provided that the checks referred to in Article 33(3) havebeen carried out and that the conditions for entitlement to the aid havebeen met.
However, if an administrative enquiry into entitlement to the aid is
under way, payment shall not be made until entitlement has beenrecognised.
Article 35
If the market situation so requires, the amount of the aid, the periods of
entry into and removal from storage and the maximum length of
storage may be altered during the year in respect of contracts yet to
be concluded.
CHAPTER IV
NOTIFICATION
Article 36
Not later than 12 noon (Brussels time) of each Wednesday, the
Member States shall inform the Commission of the quantities ofskimmed-milk powder which, during the preceding week, have been
the subject of:
(a) an offer to sell in accordance with Article 5;
(b) a contract of sale in accordance with Article 22(1);
(c) a private storage contract in accordance with Article 28.2001R0214 — EN — 17.12.2002 — 002.001 — 16
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CHAPTER V
FINALPROVISIONS
Article 37
Regulations (EEC) No 2213/76, (EEC) No 1362/87, (EEC) No 1158/91
and (EC) No 322/96 are hereby repealed.
References to the repealed regulations shall be construed as references
to this Regulation.
Article 38
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R0214 — EN — 17.12.2002 — 002.001 — 17
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ANNEX I
COMPOSITIONALREQUIREMENTS,QUALITYCHARACTERISTICSANDANALYTICAL
METHODS
Parameters Content and quality characteristics Reference method
Protein content Minimum 31,4 % of the non-fat dry
matter(1)
Fat content Maximum 1.00 % (1)
Water content Maximum 3,5 % (1)
Titratable acidity in ml of decinormal
sodium hydroxide solutionMaximum 19,5 ml (1)
Lactate content Maximum 150 mg/100 g (1)
Additives None (1)
Phosphatase test Negative, i.e. equal to or less than
4µg of phenol per gram of consti-
tuted milk(1)
Solubility index Maximum 0,5 ml (24 ºC) (1)
Burnt-particles index Maximum 15,0 mg, i.e. disc B
minimum(1)
Micro-organism content Maximum 40000 per gram (1)
Detection of coliforms Negative in 0,1 g (1)
Detection of buttermilk (2) Negative (3)(1)
Detection of rennet whey (4) None (1)
Detection of acid whey(4) None Method
approved by the
competent
authority
Taste and smell Clean (1)
Appearance White or slightly yellowish colour,
free from impurities and coloured
particles(1)
Antimicrobial substances Negative (5)(1)
(1) See Commission Regulation (EC) No 213/2001 of 9 January 2001 laying down detailed rules for the application
of Council Regulation (EC) No 1255/1999 as regards methods for the analysis and quality evaluation of milk
and milk products and amending Regulations (EC) No 2771/1999 and (EC) No 2799/1999 (see page 1 of thisOfficial Journal).
(
2) ‘Buttermilk’ means the by-product of butter manufacture obtained after churning of the cream and separation of
the solid fat.
(3) The absence of buttermilk can be established either by an on-the-spot inspection of the production plan carried
out without prior notice at least once a week, or by a laboratory analysis of the end product indicating amaximum of 69,31 mg of FEDP per 100 g.
(
4) ‘Whey’ means the by-product of cheese or casein manufacture obtained by the action of acids, rennet and/or
chemico-physical processes.
(5) Raw milk used for the manufacture of skimmed-milk powder must satisfy the requirements laid down in Part D
of Chapter III of Annex A to Directive 92/46/EEC.2001R0214 — EN — 17.12.2002 — 002.001 — 18
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ANNEX II
PACKAGING
1. The skimmed-milk powder shall be packed in new, clean, dry and intact bags
with a net weight of 25 kg.
2. The bags shall have at least three layers, which together correspond to at
least 420 J/m2TEA average.
The second layer shall be covered with a layer of polyethylene of at least
15 g/m2.
Inside the paper layers, a polyethylene bag at least 0,08 mm thick shall be
fused to the bottom.
3. Bags shall conform to standard EN 770.
4. When filling, the powder should be well pressed down. Loose powder must
on no account be allowed to penetrate between the various layers.2001R0214 — EN — 17.12.2002 — 002.001 — 19
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ANNEX III
SAMPLING AND ANALYSIS OF SKIMMED-MILK POWDER
OFFEREDFORINTERVENTION
1. Samples shall be taken in accordance with the procedure laid down in Inter-
national Standard ISO 707. However, Member States may use another
method of sampling provided that it complies with the principles of the
abovementioned standard.
2. Number of packages to be selected for sampling checks:
(a) offers containing upto 800 25-kg bags: at least eight,
(b) offers containing more than 800 25-kg bags: at least eight, plus one for
each additional 800 bags or fraction thereof.
3. Weight of sample: samples of at least 200 g are to be taken from each
package.
4. Grouping of samples: no more than nine samples are to be combined in a
global sample.
5. Analysis of samples: each global sample is to undergo an analysis to verify
all the quality characteristics laid down in Annex I.
6. Where samples show defects:
(a) where a composite sample shows a defect with regard to one parameter,
the quantity from which the sample came is rejected;
(b) where a composite sample shows a defect with regard to more than one
parameter, the quantity from which the sample came is rejected and
samples are taken from the remaining quantities from the same plant;
the analysis of those samples shall be decisive. In that case:
— the number of samples laid down in point 2 is doubled,
— where a composite sample shows a defect with regard to one or more
parameteres, the quantity from which the sample came is rejected.2001R0214 — EN — 17.12.2002 — 002.001 — 20