1999R1255 — EN — 26.05.2000 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 1255/1999
of 17 May 1999
on the common organisation of the market in milk and milk products
(OJ L 160, 26.6.1999, p. 48)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1040/2000 of 16 May 2000 L118 1 19.5.2000
Corrected by:
►C1Corrigendum, OJ L 262, 8.10.1999, p. 23 (1255/1999)
►C2Corrigendum, OJ L 2, 5.1.2000, p. 78 (1255/1999)
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COUNCIL REGULATION (EC)No 1255/1999
of 17 May 1999
on the common organisation of the market in milk and milk prod-
ucts
THE COUNCIL OF THE EUROPEAN UNION,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,andin particular Articles 36 and 37 thereof,
Having reard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
HavingregardtotheopinionoftheEconomicandSocialCommittee(3),
Having regard to the opinion of the Committee of the Regions(4),
Having regard to the opinion of the Court of Auditors(5),
(1)Whereas the operation and development of the common market
in agricultural products should be accompanied by the establish-ment of a common agricultural policy to include in particular acommon organisation of agricultural markets which may takevarious forms depending on the product;
(2)Whereas the aim of the common agricultural policy is to attaintheobjectivessetoutinArticle33oftheTreaty;whereas,inthemilk sector, in order to stabilise markets and to ensure a fairstandard of living for the agriculture community, it is necessarythat the intervention agencies, based on a single price system,may take intervention measures on the market including thebuying-in of butter and skimmed milk powder and the grant ofprivate storage aids for these products; whereas, however, suchmeasures should be standardised so as not to impede the freemovement of goods in question within the Community;
(3)Whereas by Council Regulation (EEC) No3950/92 of28December1992establishinganadditionallevyinthemilkandmilkproductssector(
6),anadditionallevyschemeforthemarket
of milk and milk products was introduced for the purpose ofreducingtheimbalancebetweensupplyanddemandonthemilkand milk-product market and resulting structural surpluses;whereasthisschemewillapplyforeightnewconsecutiveperiodsof 12 months commencing on 1April 2000;
(4)WhereasinordertostimulatetheconsumptionofmilkandmilkproductswithintheCommunityandtoimprovethecompetitive-ness of these products on the international markets, the level ofmarket support should be reduced, in particular, through agradual reduction of the target prices and intervention prices forbutter and skimmed milk powder starting from 1July 2005;
(5)Whereastheimplementationofaninterventionsystemforbuttershouldmaintainthecompetitivepositionofbutteronthemarketand provide for the most efficient possible storage; whereas thequalityrequirementstobeobservedinrespectofbutterconstitutea determining factor for attaining these objectives; whereasbuying into intervention should take place in so far as it isnecessary to maintain the stability of the market by reference to
(1) OJ C 170, 4.6.1998, p. 38.
(2) Opinion delivered on 6May 1999 (not yet published in the Official
Journal).
(3) OJ C 407, 28.12.1998, p. 203.
(4) OJ C 93, 6.4.1999, p. 1.
(5) OJ C 401, 22.12.1998, p. 3.
(6) OJ L 405, 31.12.1992, p. 1. Regulation as last amended by Regulation
(EC) No1256/1999 (see page 73 of this Official Journal).
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the market price of butter in the Member States, and should be
carried out under a tendering procedure;
(6)Whereas, in the case of private storage aid for butter, it isappropriatetosubjectitsgranttobutterproducedfromcreamandmilkofCommunityoriginandtomaintainareferencetonationalquality grades as a condition of eligibility;
(7)Whereasinadditiontointerventioninrespectofbutterandfreshcream, other Community intervention measures are required toenable the best return to be obtained from milk proteins and tosupport the prices of products which have special importance indetermining producer prices for milk; whereas these measuresshould take the form of buying-in of skimmed milk powder andof granting private storage aid for this product; whereas,however, the normal buying into intervention of skimmed milkpowdermaybesuspendedwhenacertainquantityisreachedandmay be replaced by buying-in under a tender procedure;
(8)Whereastoavoiddistortionbetweenoperatorssellingintopublicintervention and in the interest of the proper administration ofCommunityfunds,aminimumrequirementshouldbesetfortheprotein content of skimmed-milk-powder bought into interven-tion; whereas the content should be fixed taking account ofcurrent commercial standards and in such way that it cannot actas a criterion for exclusion from intervention;
(9)Whereas, to contribute to balancing the milk market and tostabilise the market prices for milk and milk products, provisionshouldbemadeforcomplementarymeasuresincreasingtheposs-ibility of disposing of milk products; whereas these measuresshouldincludethegrantofprivatestorageaidforcertaintypesofcheeses,ontheonehand,andthegrantofaidsforthemarketingofcertainmilkproductswithaviewtospecificusesanddestina-tions;
(10)Whereas,inordertostimulatetheconsumptionofmilkbyyoungpeople,provisionshouldbemadefortheCommunitytodefrayapartoftheexpenditureoccasionedbygrantingaidforthesupplyof milk to pupils in schools;
(11)Whereas,asaconsequenceofreducedmarketsupportinthemilksector, income support measures for milk producers should beintroduced; whereas these measures should take the form of adairypremiumthelevelofwhichshoulddevelopinparallelwiththe gradual reduction of market support; whereas the level ofindividual income support should be calculated on the basis ofthe individual reference quantities of the producers concerned;whereas, to ensure the proper application of the scheme, to takeaccount of the multilateral commitments of the Community andfor reasons of budget control, provision should be made forkeeping the overall income support at the level of the MemberStates’ total reference quantities as applicable at the entry intoforce of this Regulation;
(12)Whereastheconditionsformilkproductionandtheincomesitua-tion of producers significantly vary in different production areasof the Community; whereas a Community-wide scheme withuniform dairy payments to all producers would be too rigid torespond adequatly to structural and natural disparities and thediverseneedsresultingtherefrom;whereas,therefore,itisappro-priate to provide for a flexible framework of additionalCommunity payments to be determined and made by MemberStateswithinfixedglobalamountsandinaccordancewithcertaincommoncriteria;whereastheglobalamountsshouldbeallocatedtotheMemberStatesonthebasisoftheirtotalreferencequantityformilk;whereasthecommoncriteriaareintended, inter alia,to
prevent additional payments from producing discriminatoryeffects and to take full account of the relevant multilateralcommitments of the Community; whereas, in particular, it isessentialthatMemberStatesbeobligedtousetheirdiscretionarypowers exclusively on the basis of objective criteria, to pay fullregardtotheconceptofequaltreatmentandtoavoidmarketand
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competition distortions; whereas it is appropriate to provide for
the forms that additional payments may take; whereas theseforms should be premium supplements and area payments;
(13)Whereas premium supplements should be granted in addition tothe amounts of dairy premium granted per tonne of availablepremium reference quantities; whereas it is also necessary tolimit the total amount of support which may be granted perpremium amount per year;
(14)Whereas additional area payments should only be granted forpermanentpasturewhichdoesnotbenefitfromotherCommunitymarket support measures; whereas area payments should beapplied within the limits of regional base areas of permanentpasturewhichshouldbeestablishedbyMemberStatesaccordingto historical reference data; whereas the maximum amount ofareapaymentwhichmaybegrantedperhectare,includingaddi-tional area payments under the common market organisation forbeefandveal,shouldbecomparablewiththeaveragesupportperhectare under the support system for producers of certain arablecrops;
(15)Whereas,inordertoachievethedesiredeconomicimpact,directpayments must be granted within certain time limits;
(16)Whereas, should the administration of bovine somatrophin todairycowsbeprohibitedunderCommunitylaw,theCommissionshould establish penalties analogous to those foreseen in thecommonmarketorganisationforbeefandvealinthecaseofuseof certain prohibited substances in beef production;
(17)WhereasthecreationofasingleCommunitymarketformilkandmilkproductsinvolvestheintroductionofasingletradingsystemat the external frontiers of the Community; whereas a tradingsystemincludingimportdutiesandexportrefunds,inadditiontothe intervention measures, should, in principle, stabilise theCommunitymarket;whereasthetradingsystemshouldbebasedontheundertakingsacceptedundertheUruguayRoundofmulti-lateral trade negotiations;
(18)Whereas, in order to monitor the volume of trade in milk andmilkproductswiththirdcountries,provisionshouldbemadefora system of import and export licences for certain products,which includes the lodging of a security to guarantee that thetransactions for which such licences are granted are effected;
(19)WhereasinordertopreventorcounteractadverseeffectsontheCommunity market which could result from imports of certainagricultural products, imports of one or more such productsshould be subject to payment of an additional import duty, ifcertain conditions are fulfilled;
(20)Whereas it is appropriate, under certain conditions, to confer onthe Commission the power to open and administer tariff quotasresulting from international agreements concluded in accordancewith the Treaty or from other acts of the Council; whereas,moreover, the Commission should have analogous powersconcerning certain tariff quotas opened by third countries;
(21)Whereas provisions for granting a refund on exports to thirdcountries, based on the difference between prices within theCommunity and on the world market, and falling within theWTO Agreement on Agriculture(
1), should serve to safeguard
Community participation in international trade in milk and milkproducts; whereas these refunds should be subject to limits interms of quantity and value;
(1) OJ L336, 23.12.1994, p.22.
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(22)Whereas compliance with the limits in terms of value should be
ensured at the time when refunds are fixed through themonitoringofpaymentsundertherulesrelatingtotheEuropeanAgricultural Guidance and Guarantee Fund; whereas monitoringcan be facilitated by the compulsory advance fixing of refunds,while allowing the possibility, in the case of differentiatedrefunds,ofchangingthespecifieddestinationwithinageograph-ical area to which a single refund rate applies; whereas, in thecase of a change of destination, the refund applicable to theactual destination should be paid, with a ceiling of the amountapplicable to the destination fixed in advance;
(23)Whereas ensuring compliance with the quantity limits calls fortheintroductionofareliableandeffectivesystemofmonitoring;whereas, to that end, the granting of refunds should be madesubject to an export licence; whereas refunds should be granteduptothelimitsavailable,dependingontheparticularsituationofeach product concerned; whereas exceptions to that rule shouldonlybepermittedinthecaseofprocessedproductsnotlistedinAnnexIItotheTreaty,towhichvolumelimitsdonotapply,andin the case of food-aid operations, which are exempt from anylimit;whereasmonitoringofthequantitiesexportedwithrefundsduringthemarketingyearsasreferredtointheWTOAgreementon Agriculture should be carried out on the basis of exportlicences issued for each marketing year;
(24)Whereas, in addition to the system described above, and to theextent necessary for its proper working, provision should bemade for regulating or, when the situation on the market sorequires, prohibiting the use of inward processing arrangements;
(25)Whereas it is appropriate to provide for measures to be takenwhen a substantial rise or fall in prices disturbs or threatens todisturb the Community market;
(26)Whereas the customs duty system makes it possible to dispensewithallotherprotectivemeasuresattheexternalfrontiersoftheCommunity; whereas, however, the internal market and dutymechanismcould,inexceptionalcircumstances,provedefective;whereas,insuchcases,soasnottoleavetheCommunitymarketwithoutdefenceagainstdisturbanceswhichmayarisetherefrom,the Community should be able to take all necessary measureswithout delay; whereas those measures should be in accordancewiththeobligationsderivedfromtherelevantWTOagreements;
(27)Whereas restrictions on free movement resulting from theapplicationofmeasuresintendedtopreventthespreadofanimaldiseases could cause difficulties on the market of one or moreMemberStates;whereasprovisionshouldbemadefortheintro-duction of exceptional market support measures in order toremedy such situations;
(28)Whereas the establishment of a single market would be jeopar-dised by the granting of certain aids; whereas, therefore, theprovisions of the Treaty which allow the assessment of aidsgrantedbyMemberStatesandtheprohibitionofthosewhichareincompatible with the common market should apply in thecommon market organisation for milk and milk products;
(29)Whereasitisnecessarythat,asthecommonmarketinmilkandmilkproductsdevelops,theMemberStatesandtheCommissionshould keep each other supplied with the information necessaryfor applying this Regulation;
(30)Whereas, in order to facilitate implementation of the proposedmeasures, a procedure should be provided for establishing closecooperation between Member States and the Commission withina Management Committee;
(31)Whereas expenditure incurred by the Member States as a resultoftheobligationsarisingoutoftheapplicationofthisRegulationshould be financed by the Community in accordance with
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CNcode DescriptionofgoodsCouncil Regulation (EC) No1258/1999 of 17May 1999 on the
financing of the common agricultural policy(1);
(32)Whereas the common organisation of the market in milk andmilkproductsshouldtakeappropriateaccount,atthesametime,of the objectives set out in Articles33 and 131 of the Treaty;
(33)Whereas the common organisation of the market in milk andmilkproductslaiddowninCouncilRegulation(EEC)No804/68of 27June 1968 on the common organisation of the market inmilk and milk products(
2) has been amended several times;
whereas, by reason of their number, their complexity and theirdispersalamongseveralOfficialJournals,thesetextsaredifficultto use and thus lack the clarity which should be an essentialfeature of all legislation; whereas, under these circumstances,they should be consolidated in a new Regulation and the afore-mentioned Regulation (EEC) No804/68 should be repealed;whereas the essential rules of Council Regulations (EEC)No986/68(
3), (EEC) No987/68(4), (EEC) No508/71(5),
(EEC) No1422/78(6), (EEC) No1723/81(7), (EEC) No2990/
82(8), (EEC) No1842/83(9), (EEC) No865/84(10) and (EEC)
No777/87(11) have been incorporated into this Regulation, and
should therefore be repealed;
(34)WhereasthechangefromthearrangementsinRegulation(EEC)No804/68tothoseinthisRegulationcouldgiverisetodifficul-tieswhicharenotdealtwithinthisRegulation;whereas,inorderto deal with that eventuality, provision should be made for theCommission to adopt the necessary transitional measures;whereas the Commission should also be authorised to solvespecific practical problems,
HAS ADOPTED THIS REGULATION:
Article 1
Thecommonorganisationofthemarketinmilkandmilkproductsshall
cover the following products;
(a) 0401 Milk and cream, not concentrated nor containing
added sugar or other sweetening matter
(b) 0402 Milk and cream, concentrated or containing added
sugar or other sweetening matter
(c) 04031011 to 39 Buttermilk, curdled milk and cream, yoghurt, kephir
and other fermented or acidified milk and cream,whetherornotconcentratedorcontainingaddedsugaror other sweetening matter not flavoured norcontaining added fruit, nuts or cocoa
(
1) See page 103 of this Official Journal.
(2) OJ L 148, 27.6.1968, p. 13. Regulation as last amended by Regulation
(EC) No1587/96 (OJ L206, 16.8.1996, p.21).
(3) OJ L 169, 18.7.1968, p. 4. Regulation as last amended by Regulation
(EC) No1802/95 (OJ L174, 26.7.1995, p.31).
(4) OJ L 169, 18.7.1968, p. 6. Regulation as last amended by Regulation
(EEC) No1435/90 (OJ L138, 31.5.1990, p.8).
(5) OJ L 58, 11.3.1971, p. 1.
(6) OJ L 171, 28.6.1978, p. 14.
(7) OJ L 172, 30.6.1981, p. 14. Regulation as last amended by Regulation
(EEC) No863/84 (OJ L90, 1.4.1984, p.23).
(8) OJ L 314, 10.11.1982, p. 26. Regulation as last amended by Regulation
(EC) No2442/96 (OJ L333, 21.12.1996, p.1).
(9) OJ L 183, 7.7.1983, p. 1. Regulation as last amended by Regulation (EC)
No1958/97 (OJ L277, 10.10.1997, p.1).
(10) OJ L 90, 1.4.1984, p. 25.
(11) OJ L 78, 20.3.1987, p. 10. Regulation as last amended by Regulation
(EEC) No1634/91 (OJ L150, 15.6.1991, p.26).
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CNcode Descriptionofgoods
04039011 to 69
(d) 0404 Whey, whether or not concentrated or containing
added sugar or other sweetening matter; productsconsistingofnaturalmilkconstituents,whetherornotcontainingaddedsugarorothersweeteningmatter,notelsewhere specified or included
(e) ex 0405 Butterandotherfatsandoilsderivedfrommilk;dairy
spreads of a fat content of more than 75% but lessthan 80%
(f) 0406 Cheese and curd
(g) 17021900 Lactose and lactose syrup not containing added
flavouring or colouring matter, ►C1containing by
weight less than 99% lactose, ◄expressed as anhy-
drous lactose, calculated on the dry matter
(h) 21069051 Flavoured or coloured lactose syrup
(i) ex 2309 Preparations of a kind used in animal feeding:
— Preparations and feedingstuffs containing products
to which this Regulation applies, directly or byvirtue of Council Regulation (EEC) No2730/75(
1), except preparations and feedingstuffs to
which Council Regulation (EEC) No1766/92(2)
applies.
(1) OJL281,1.11.1975,p.20.RegulationaslastamendedbyRegulation(EC)No2931/95
(OJ L307, 20.12.1995, p.10).
(2) OJ L181, 1.7.1992, p.21. Regulation as last amended by Regulation (EC) No923/96
(OJ L126, 24.5.1996, p.37).
TITLE I
INTERNAL MARKET
CHAPTER I
Prices
Article 2
The milk year for all products listed in Article1 shall begin on 1July
and end on 30June of the following year.
Article 3
1. The target price in the Community for milk containing 3,7% fat,
delivered to dairies and expressed in euro per 100kg, shall be set at:
— 30,98 for the period from 1July 2000 until 30June 2005,— 29,23 for the period from 1July 2005 until 30June 2006,— 27,47 for the period from 1July 2006 until 30June 2007,— 25,72 as from July 2007.
The target price shall be deemed to be that price which it is aimed to
obtain for the aggregate of producers’ milk sales on the Communitymarket and on external markets.
2. TheCouncil,actinginaccordancewiththeprocedurelaiddownin
Article37(2) of the Treaty, may change the target price.
Article 4
1. The intervention prices in the Community, expressed in euro per
100kg, shall be set:
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(a) for butter at:
— 328,20 for the period from 1July 2000 until 30June 2005,— 311,79 for the period from 1July 2005 until 30June 2006,— 295,38 for the period from 1July 2006 until 30June 2007,— 278,97 as from 1July 2007;
(b) for skimmed milk powder at:
— 205,52 for the period from 1July 2000 until 30June 2005,— 195,24 for the period from 1July 2005 until 30June 2006,— 184,97 for the period from 1July 2006 until 30June 2007,— 174,69 as from 1July 2007.
2. TheCouncil,actinginaccordancewiththeprocedurelaiddownin
Article37(2) of the Treaty, may change the intervention prices.
Article 5
Thepricesystemisestablishedwithoutprejudicetotheimplementation
of the additional levy scheme.
CHAPTER II
Intervention system
Article 6
1. Where the market prices of butter are, in one or more Member
States, at a level lower than 92% of the intervention price for arepresentative period, buying-in by the intervention agencies shall becarried out in the Member State(s) concerned under an open invitationto tender on the basis of specifications to be determined.
The buying-in price fixed by the Commission shall not be less than
90% of the intervention price.
Where market prices in the Member State(s) concerned are at a level
equal to, or higher than, 92% of the intervention price for a repres-entative period, buying-in under a tendering procedure shall besuspended.
2. Under paragraph1, the intervention agencies may only buy in
butter produced directly and exclusively from pasteurised cream in anapproved undertaking in the Community, and
(a) meet the following requirements:
— a minimum butterfat content, by weight, of 82% and a
maximum water content, by weight, of 16%,
— anageatthetimeofbuying-innotexceedingamaximumtobe
fixed,
— conditions to be determined as regards the minimum quantity
and packaging;
(b) meetcertainrequirementstobedeterminedregardinginparticular:
— preservation; additional requirements may be laid down by the
intervention agencies,
— free fatty acid content,— peroxide content,— microbiological standard,— sensory characteristics (appearance, texture, taste and smell).
National quality grades to be determined may be shown on the
packaging of butter which meets national quality requirements.
Flatratetransportcostsshallbeborne,underconditionstobefixed,
by the intervention agency if the butter is delivered to a cold storesituated at a distance greater than a distance to be determined fromthe place where the butter was in store.
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3. Aid for private storage shall be granted for:
— cream,— unsaltedbutterproducedfromcreamormilkinanapprovedunder-
taking of the Community of a minimum butterfat content, byweight,of82%andamaximumwatercontent,byweight,of16%,
— salted butter produced from cream or milk in an approved under-
taking of the Community of a minimum butterfat content, byweight,of80%,amaximumwatercontent,byweight,of16%anda maximum salt content, by weight, of 2%.
Thebuttershallbeclassifiedaccordingtonationalqualitygradestobe
determined and shall be marked accordingly.
Theaidshallbefixedinthelightofstoragecostsandthelikelytrendin
prices for fresh butter and butter from stocks. Where, at the time ofremoval from storage, an adverse change unforeseeable at the time ofentryintostoragehasoccuredonthemarket,theaidmaybeincreased.
Private storage aid shall be subject to the drawing-up of a storage
contract concluded, in accordance with provisions to be laid down, bythe intervention agency of the Member State on whose territory thecream or butter qualifying for the aid is stored.
Wherethemarketsituationsorequires,theCommissionmaydecideto
remarket some or all of the cream or butter covered by private storagecontracts.
4. Butterboughtinbytheinterventionagenciesshallbedisposedof
at a minimum price and under conditions to be determined so as toavoid disturbing the balance on the market and to ensure purchasersequaltreatmentandaccesstothebuttertobesold.Wherethebutterputupforsaleisintendedforexport,specialconditionsmaybelaiddowntoensurethattheproductisnotdivertedfromitsdestinationandtotakeaccount of requirements specific to such sales.
Forbutterkeptinpublicstoragewhichcannotbedisposedofduringa
milk year under normal conditions, special measures may be taken.Where warranted by such measures, special measures shall also betaken with a view to maintaining possibilities of disposing of productswhich were subject to aid as referred to in paragraph3.
5. The intervention arrangements shall be applied so as to:
— maintain the competitive position of butter on the market,— safeguard the original quality of the butter as far as possible,— ensure storage as rationally as possible.
6. For the purposes of this Article:
— ‘milk'shall mean cow’s milk produced in the Community,— ‘cream'shall mean cream obtained directly and exclusively from
milk.
Article 7
1. TheinterventionagencydesignatedbyeachoftheMemberStates
shall,underconditionstobedetermined,buyinattheinterventionpricetop quality skimmed milk powder made by the spray process andobtained in an approved undertaking in the Community, directly andexclusivelyfromskimmedmilk,whichisofferedtoitduringtheperiodfrom 1March to 31August and which:
— meets a minimum protein content of 35,6% by weight of the
non-fatty dry extract,
— meets preservation requirements to be laid down,— meetsconditionstobedeterminedasregardstheminimumquantity
and packaging.
However,interventionagenciesshallalsobuyinskimmedmilkpowder
whose protein content is at least 31,4% and less than 35,6%, of thenon-fattydryextract,providedthattheotherprovisionslaiddowninthefirstsubparagraphabovearemet.Inthatcase,thebuying-inpriceshall
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beequaltotheinterventionpriceless1,75%foreachpercentagepoint
by which the protein content is lower than 35,6%.
Theinterventionpriceshallbethatinforceonthedayofmanufacture
oftheskimmedmilkpowderandshallapplytoskimmedmilkpowderdelivered to the store designated by the intervention agency. Flat-ratetransport costs shall be borne, under conditions to be fixed, by theinterventionagencyiftheskimmedmilkpowderisdeliveredtoastoresituatedatadistancegreaterthanadistancetobedeterminedfromtheplace where the skimmed milk powder was in store.
Theskimmedmilkpowdermayonlybestoredinstoresmeetingcondi-
tions to be fixed.
2. The Commission may suspend the buying in of skimmed-milk
powderprovidedforinparagraph1assoonasthequantitiesofferedforinterventionintheperiodfrom1Marchto31Augusteachyearexceed109000 tonnes.
In that case buying-in by the intervention agencies may be carried out
underanopenstandinginvitationtotenderonthebasisofspecificationsto be determined.
3. Aid for the private storage of skimmed milk powder of top
quality,obtainedinanapprovedundertakingintheCommunitydirectlyand exclusively from skimmed milk may be granted, in particular, iftrendsinpricesandstocksoftheproductsindicateaseriousimbalanceinthemarketwhichcouldbeavoidedorreducedbymeansofseasonalstorage.Inordertobeeligibleforaid,theskimmedmilkpowdermustmeet conditions to be fixed.
Theaidshallbefixedinthelightofstoragecostsandthelikelytrendin
prices for skimmed milk powder.
Private storage aid shall be subject to the drawing-up of a storage
contract concluded, in accordance with provisions to be laid down, bythe intervention agency of the Member State on whose territory theskimmedmilkpowderqualifyingfortheaidisstored.Wherethemarketsituation so requires, the Commission may decide to remarket some orall of the skimmed milk powder covered by private storage contracts.
4. Skimmedmilkpowderboughtinbytheinterventionagencyshall
be disposed of, at a minimum price and under conditions to be deter-minedsoastoavoiddisturbingthebalanceonthemarketandtoensurepurchasers equal treatment and access to the skimmed milk powder tobe sold.
Wheretheskimmedmilkpowderputupforsaleisintendedforexport,
special conditions may be laid down to ensure that the product is notdiverted from its destination and to take account of requirementsspecific to such sales.
For skimmed milk powder kept in public storage which cannot be
disposed of during a milk year under normal conditions, special meas-ures may be taken.
5. Within the meaning of this Article, ‘skimmed milk'shall mean
skimmed milk obtained directly and exclusively from cow’s milkproduced in the Community.
Article 8
1. Under conditions to be determined, aid shall be granted for the
private storage of:
(a) Grana Padano cheese at least nine months old;
(b) Parmigiano Reggiano cheese at least 15 months old;
(c) Provolone cheese at least three months old;
if these cheeses reach certain standards.
2. Theamountofprivatestorageaidshallbefixedtakingaccountof
storage costs and the likely trend of market prices.
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3. TheinterventionagencydesignatedbytheMemberStateinwhichthe said cheeses are produced and qualify to bear the designation oforigin shall implement the measures taken pursuant to paragraph1.
Thegrantingofprivatestorageaidshallbesubjecttotheconclusionof
a storage contract with the intervention agency. The contract shall bedrawn up under conditions to be determined.
Where the market situation so requires, the Commission may decide
that the intervention agency will remarket some or all of the cheesestored.
Article 9
1. Private storage aid may be granted for longkeeping cheeses and
forcheeseswhicharemanufacturedfromsheepand/orgoat’smilkandrequire at least six months for maturing, if for those cheeses pricedevelopmentsandthestocksituationindicateaseriousimbalanceofthemarket which may be eliminated or reduced by seasonal storage.
2. The amount of aid shall be fixed with reference to storage costs
and the balance to be maintained between cheeses for which aid isgranted and other cheeses coming on the market.
3. Should the situation of the Community market so require, the
Commissionmaydecidetoremarketsomeorallofthecheesescoveredby private storage contracts.
4. If, at the time the storage contract expires, the level of market
prices for cheeses in store is higher than that prevailing when thecontractwassigned,adecisionmaybetakentoadjusttheamountofaidaccordingly.
Article 10
There shall be adopted in accordance with the procedure laid down in
Article42:
(a) the detailed rules for the application of this chapter and, in partic-
ular, those for establishing the market prices for butter;
(b) the amounts of aid for private storage referred to in this chapter;
(c) the other decisions and measures which may be taken by the
Commission under this chapter.
CHAPTER III
Marketing measures
Article 11
1. Aidshallbegrantedforskimmedmilkandskimmed-milkpowder
intended for use as feedingstuffs, if these products reach certain stan-dards.
ForthepurposesofthisArticle,buttermilkandbuttermilkpowdershall
be regarded as skimmed milk and skimmed-milk powder.
2. Aid amounts shall be fixed taking into account the following
factors:
— the intervention price for skimmed-milk powder,— development of the supply situation as regards skimmed-milk and
skimmed-milkpowder,anddevelopmentsintheusethereofasfeed,
— trends in calf prices,— trendsinthemarketpricesforcompetingproteinsascomparedwith
those for skimmed-milk powder.
Article 12
1. Under the conditions determined in accordance with paragraph2,
aidshallbegrantedforCommunity-producedskimmedmilkprocessed
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into casein and caseinates, if such milk and the casein or caseinatesproduced from it reach certain standards.
2. The aid may vary, according to whether the skimmed milk is
processedintocaseinorcaseinatesandaccordingtothequalityofthoseproducts.
Aid shall be fixed taking into account the following factors:
— theinterventionpriceforskimmed-milkpowder,orthemarketprice
for first-quality spray-process skimmed-milk powder, if that priceexceeds the intervention price,
— the market prices for casein and caseinates on the Community and
world markets.
Article 13
1. When surpluses of milk products build up, or are likely to occur,
the Commission may decide that aid shall be granted to enable cream,butter and concentrated butter to be purchased at reduced prices:
(a) by non-profit making institutions and organisations;
(b) by military forces and units of comparable status in the Member
States;
(c) by manufacturers of pastry products and ice-cream;
(d) by manufacturers of other foodstuffs to be determined;
(e) for the direct consumption of concentrated butter.
Article 14
1. Communityaidshallbegrantedforsupplyingtopupilsineduca-
tionalestablishmentscertainprocessedmilkproductsfallingwithinCNcodes 0401, 0403, 040490 and 0406 or CNcode 220290.
2. In addition to the Community aid, Member States may grant
national aid for supplying the products specified in paragraph1 topupils in educational establishments.
3. In the case of whole milk, the Community aid shall be equal to
95%ofthetargetpriceformilk.Inthecaseofothermilkproducts,theamountsofaidshallbedeterminedtakingintoaccountthemilkcompo-nents of the products concerned.
4. Theaidreferredtoinparagraphs1shallbegrantedonamaximum
quantity of 0,25 litre of milk equivalent per pupil and per day.
Article 15
The following shall be adopted in accordance with the procedure laid
down in Article42:
(a) the detailed rules for the application of this chapter and, in partic-
ular, the conditions under which the aids set out therein may begranted,
(b) the amounts of the aids referred to in this chapter,
(c) the lists of products referred to in Article13(d) and Article14(1),
(d) the other decisions and measures that may be adopted by the
Commission under this chapter.
CHAPTER IV
Direct payments
Article 16
1. Producersshallqualifyforadairypremium.Itshallbegrantedper
calendaryear,perholdingandpertonneofindividualreferencequantityeligible for premium and available on the holding.
2. The premium amount per tonne of individual reference quantity
eligible for premium shall be set at:
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— EUR 5,75 for the calendar year 2005,
— EUR 11,49 for the calendar year 2006,— EUR17,24forthecalendaryear2007andthesubsequentcalendar
years.
3. The individual reference quantity eligible for premium shall be
equal to the individual reference quantity for milk available on theholdingon31Marchofthecalendaryearconcerned,withoutprejudiceto reductions resulting from the application of subparagraph2. Indi-vidual reference quantities which have been the subject of temporarytransfersinaccordancewithArticle6ofRegulation(EEC)No3950/92on 31March of the calendar year concerned shall be deemed to beavailable on the holding of the transferee for that calendar year.
Where, on 31March of a calendar year, the sum of all individual
reference quantities in a Member State exceeds the sum of the corre-spondingtotalquantitiesofthatMemberStatesetoutinArticle3(2)ofRegulation (EEC) No3950/92 for the 12 month period 1999/2000, theMember State concerned shall, on the basis of objective criteria, takethenecessarystepstoreduceaccordinglythetotalamountofindividualreferencequantitieseligibleforpremiumonitsterritoryforthecalendaryear concerned.
4. Forthepurposesofthischapter,thedefinitionsof‘producer'and
‘holding'laid down in Article9 of Regulation (EEC) No3950/92 shallapply.
Article 17
1. MemberStatesshall,onayearlybasis,makeadditionalpayments
to producers in their territory totalling the global amounts set out inAnnexI. Such payments shall be made according to objective criteriaincluding, in particular, the relevant production structures and condi-tions,andinsuchawayastoensureequaltreatmentbetweenproducersand to avoid market and competition distortions. Moreover, suchpayments shall not be linked to fluctuations of market prices.
2. Additionalpaymentsmaybemadeintheformofpremiumsupple-
ments (Article18) and/or area payments (Article19).
Article 18
1. Premium supplements may only be granted as a supplementary
amount per premium amount as set out in Article16(2).
2. The total amount of dairy premium and premium supplement,
which may be granted per premium amount per tonne of individualreference quantity eligible for premium, shall not exceed:
— EUR 13,9 per tonne for the calendar year 2005,— EUR 27,8 per tonne for the calendar year 2006,— EUR 41,7 per tonne for the calendar year 2007 and subsequent
calendar years.
Article 19
1. Areapaymentsshallbegrantedperhectareofpermanentpasture:
(a) whichisavailabletoaproducerduringthecalendaryearconcerned;
(b) which is not used to comply with the specific stocking density
requirements referred to in Article15(3) of Council Regulation(EC)No1254/1999of17May1999onthecommonorganisationofthe market in beef and veal(
1); and
(c) in respect of which no payments under the support system laid
downforproducersofcertainarablecrops,undertheaidsystemfordried fodder and under Community aid schemes for other perma-nent or horticultural crops are claimed for the same year.
(1) See page 21 of this Official Journal.
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Theareaofpermanentpastureinaregionforwhichareapaymentsmay
be granted shall not exceed the relevant regional base area.
2. TheregionalbaseareasshallbeestablishedbyMemberStatesin
accordance with Article17 of Regulation (EC) No1254/1999.
3. The maximum area payment per hectare which may be granted,
including area payments pursuant to Article17 of Regulation (EC)No1254/1999, shall not exceed EUR 350 for the calendar year 2005and the subsequent calendar years.
Article 20
1. Before1January2005,MemberStatesshallprovidetheCommis-
sion with detailed information on their national arrangementsconcerning the granting of additional payments. Any changes of thesearrangements shall be communicated to the Commission not later thanone month following adoption.
2. Before1April2007,MemberStatesshallsubmittotheCommis-
sion detailed reports on the implementation of Articles17 to 19.
Before1January2008,theCommissionshallevaluatetheimplementa-
tion of Articles17 to 19 and examine the distribution of CommunityfundsbetweenMemberStatesasprovidedforinAnnexI.Ifnecessary,the Commission shall make appropriate proposals to the Council.
Article 21
Direct payments under this chapter shall be made, after verification of
entitlementtopayment,from16Octoberofthecalendaryearconcernedand,saveindulyjustifiedexceptionalcases,nolaterthan30Juneofthefollowing year.
Article 22
The amounts of the direct payments set out in this chapter may be
changedinthelightofdevelopmentsinproduction,productivityandthemarkets, according to the procedure laid down in Article37(2) of theTreaty.
Article 23
Where, by or on the basis of Community law, the administration of
bovinesomatrophintodairycowsisnotauthorisedorwheretheavail-ability of that substance on farms is regulated otherwise, the Commis-sion shall, in accordance with the procedure laid down in Article42,adopt measures which shall be analogous to those provided for inArticle23 of Regulation (EC) No1254/1999.
Article 24
Detailedrulesfortheapplicationofthischaptershallbeadoptedbythe
CommissioninaccordancewiththeprocedurelaiddowninArticle42.
Article 25
The expenditure incurred in granting the direct payments provided for
in this chapter shall be considered as relating to intervention measureswithinthemeaningofArticle2(2)of ►
C2Regulation(EC)No1257/
1999◄.
TITLE II
TRADE WITH THIRD COUNTRIES
Article 26
1. Imports into the Community of any of the products listed in
Article1 shall be subject to the presentation of an import licence.Exports from the Community of any such products may be madesubject to presentation of an export licence.
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2. Licences shall be issued by Member States to any applicant,irrespectiveofhisplaceofestablishmentintheCommunityandwithoutprejudice to the measures taken for the application of Articles29, 30and 31.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeingthattheproductsareimportedorexportedduringthetermofvalidityofthelicence;exceptincasesof force majeure ,thesecurity
shall be forfeited in whole or in part if import or export is not carriedout, or is carried out only partially, within that period.
3. ThefollowingshallbeadoptedbytheCommissioninaccordance
with the procedure laid down in Article42:
(a) thelistofproductsinrespectofwhichexportlicencesarerequired;
(b) the term of validity of the licences; and
(c) the other detailed rules for the application of this Article.
Article 27
Unless this Regulation provides otherwise, the rates of duty in the
CommonCustomsTariffshallapplytotheproductslistedinArticle1.
Article 28
1. Inordertopreventorcounteractadverseeffectsonthemarketin
the Community which may result from imports of certain productslistedinArticle1,importsofoneormoreofsuchproductsattherateofduty referred to in Article27 shall be subject to payment of an addi-tionalimportdutyiftheconditionssetoutinArticle5oftheAgreementon Agriculture concluded in accordance with Article300 of the Treatyin the framework of the Uruguay Round of multilateral trade nego-tiationshavebeenfulfilledunlesstheimportsareunlikelytodisturbtheCommunity market, or where the effects would be disproportionate tothe intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shall be those which are forwarded by the Community to the WorldTrade Organisation.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis ofimports into the Community in the three years preceding the year inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment under consideration.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article42.Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied
under the terms of Article5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph1 in
accordance with Article5 of the Agreement on Agriculture.
Article 29
1. Tariff quotas for the products listed in Article1 resulting from
agreements concluded in accordance with Article300 of the Treaty orfrom any other act of the Council shall be opened and administered inaccordance with detailed rules adopted under the procedure laid downin Article42.
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2. Quotas may by administered by applying one of the followingmethods or a combination of them:
— methodbasedonthechronologicalorderofthelodgingofapplica-
tions (using the ‘first come, first served'principle),
— method of distribution in proportion to the quantities requested
whentheapplicationswerelodged(usingthe‘simultaneousexami-nation'method),
— methodbasedontakingtraditionaltradepatternsintoaccount(using
the ‘traditional importers/new arrivals'method).
Other appropriate methods may be adopted.They shall avoid any discrimination between the operators concerned.3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements on the Community marketand the need to safeguard the equilibrium of that market, whilst at thesame time possibly drawing on methods which may have been appliedin the past to quotas corresponding to those referred to in paragraph1,without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round trade negotiations.
4. The detailed rules referred to in paragraph1 shall provide for
annualquotas,suitablyphasedovertheyear,ifnecessary,tobeopened,determine the administrative method to be applied and, where appro-priate, include provisions regarding:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
Article 30
1. WhereanagreementconcludedinaccordancewithArticle300of
theTreatyprovidesforthetotalorpartialmanagementofatariffquotaopened by a third country for the products referred to in Article1, themanagement method to be applied and detailed rules relating to thatmethodshallbeadoptedinaccordancewiththeprocedureprovidedforin Article42.
2. Quotasmaybemanagedusingoneofthefollowingmethodsora
combination thereof:
— order in which applications are submitted (‘first come, first served'
basis),
— allocation in proportion to quantities requested when applications
are submitted (‘simultaneous examination'method),
— traditional trade flows (‘traditional importers/new arrivals'method).
Other appropriate methods may by adopted, in particular ones which
guarantee the full use of the possibilities available under the quotaconcerned.
They shall avoid any discrimination between the operators concerned.
Article 31
1. TotheextentnecessarytoenabletheproductslistedinArticle1to
beexportedwithoutfurtherprocessingorintheformofgoodslistedinAnnexIIiftheyareproductslistedinArticle1(a),(b),(c),(d),(e)and(g),onthebasisofpricesforthoseproductsinworldtradeandwithinthe limits resulting from agreements concluded in accordance withArticle300oftheTreaty,thedifferencebetweenthosepricesandpricesin the Community may be covered by export refunds.
ExportrefundsontheproductslistedinArticle1intheformofgoods
listed in the AnnexII may not be higher than those applicable to suchproducts exported without further processing.
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2. The method to be adopted for the allocation of the quantities
which may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresourcesavailable,accountbeingtakenoftheefficiencyandstruc-ture of Community exports without, however, creating discrim-ination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.Theymayvaryaccordingtodestination,wheretheworldmarketsitua-
tionorthespecificrequirementsofcertainmarketsmakethisnecessary.
Refunds shall be fixed by the Commission in accordance with the
procedure laid down in Article42. Refunds may be fixed:
(a) at regular intervals;
(b) by invitation to tender for products for which that procedure was
provided for in the past.
Except where fixed by tender, the list of products on which an export
refundisgrantedandtheamountofsuchrefundshallbefixedatleastonceeveryfourweeks.Theamountoftherefundmay,however,remainatthesamelevelformorethanfourweeksandmay,wherenecessary,beadjustedintheinterveningperiodbytheCommissionattherequestofaMemberStateoronitsowninitiative.However,forproductslistedinArticle1andexportedintheformofgoodslistedinAnnexIItothisRegulation, the refund may be fixed according to another timetabledeterminedinaccordancewiththeprocedurereferredtoinArticle16ofCouncil Regulation (EC) No3448/93(
1).
4. Thefollowingshallbetakenintoaccountwhenrefundsarebeing
fixed for the products listed in Article1 and exported without furtherprocessing:
(a) the existing situation and future trends with regard to:
— prices and availabilities of milk and milk products on the
Community market,
— prices of milk and milk products on the world market;
(b) the most favourable marketing costs and transport costs from
Community markets to Community ports or other places of exporttogether with forwarding costs to the countries of destination;demand on the Community market;
(c) the objectives of the common organisation of the markets in milk
and milk products, which are to ensure a balanced situation andnatural development regarding prices and trade on these markets;
(d) limits resulting from agreements concluded in accordance with
Article300 of the Treaty;
(e) theimportanceofavoidingdisturbancesontheCommunitymarket;
(f) the economic aspect of the proposed exports.
Account shall also be taken in particular of the need to establish a
balance between the use of Community basic agricultural products forexport as processed goods to third countries, and the use of productsfrom those countries admitted for inward processing.
5. For the products referred to in Article1 and exported as such:
(a) the prices in the Community referred to in paragraph1 shall be
determined taking account of the prices prevailing which prove tobe the most favourable as regards export;
(1) OJ L318, 20.12.1993, p.31.
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(b) the prices on the world market referred to in paragraph1 shall be
determined taking account in particular of:
— the prices on third-country markets,— the most favourable prices in third countries of destination for
third-country imports,
— producer prices recorded in exporting third countries, account
being taken, where appropriate, of subsidies granted by thosecountries,
— free-at-frontier offer prices.
6. Refunds shall be granted for the products referred to in para-
graph1andexportedassuchonlyonapplicationandonpresentationofthe relevant export licence.
7. TherefundapplicabletoexportsofproductslistedinArticle1and
exported as such shall be that applicable on the day of application forthelicenceand,inthecaseofadifferentiatedrefund,thatapplicableonthe same day for:
(a) the destination indicated on the licence, or where appropriate;
(b) the actual destination if it differs from the destination indicated on
thelicence.Inthatcase,theamountapplicablemaynotexceedtheamount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs6 and 7may be made to apply to products listed in
Article1 and exported in the form of goods listed in AnnexII inaccordance with the procedure laid down in Article16 of Regulation(EC) No3448/93.
9. Paragraphs6and7maybewaivedinthecaseofproductslistedin
Article1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article42.
10. The refund shall be paid upon proof that:
— the products are of Community origin,— the products have been exported from the Community, and— inthecaseofadifferentiatedrefund,theproductshavereachedthe
destinationindicatedonthelicenceoranotherdestinationforwhicharefundwasfixed,withoutprejudicetoparagraph7(b).Exceptionsmay be made to this rule in accordance with the procedure laiddown in Article42, provided conditions are laid down which offerequivalent guarantees.
11. Withoutprejudicetoparagraph10,firstindent,intheabsenceof
a derogation granted in accordance with the procedure laid down inArticle42, no export refund shall be granted on products which areimported from third countries and re-exported to third countries.
12. As regards the products referred to in Article1 and exported in
the form of the goods listed in AnnexII to this Regulation, para-graphs10and11shallapplyonlytogoodsfallingwithinthefollowingCNcodes:
— 04052030(dairyspreadswithafatcontentbetween60and75%),— 18069060 to 18069090 (certain products containing cocoa),— 1901 (certain food preparations of flour, etc.),— 21069098 (certain food preparations not elsewhere specified),
having a high milk-product content.
13. Compliancewiththelimitsonvolumesarisingfromagreements
concludedinaccordancewithArticle300oftheTreatyshallbeensuredon the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. Withregard to compliance with the obligations arising under the Agreementon Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
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14. Detailed rules for the application of this Article, including thearrangementsforredistributingunallocatedorunusedexportablequant-ities,andanyamendmentstoAnnexIIshallbeadoptedbytheCommis-sion in accordance with the procedure laid down in Article 42.However, the detailed rules on the application of paragraphs 8, 10, 11and12forproductsreferredtoinArticle1andexportedintheformofgoodslistedinAnnexIItothisRegulationshallbeadoptedinaccord-ancewiththeprocedurelaiddowninArticle16ofRegulation(EC)No3448/93.
▼
B
Article 32
1. To the extent necessary for the proper working of the common
organisation of the market in milk and milk products, the Council,acting by a qualified majority, on a proposal from the Commission,may, in special cases, prohibit in whole or in part the use of inwardprocessingarrangementsinrespectofproductslistedinArticle1whichareintendedforthemanufactureofproductslistedinthatArticleorofgoods listed in AnnexII to this Regulation.
2. Bywayofderogationfromparagraph1,ifthesituationreferredto
in paragraph1 arises with exceptional urgency and the Communitymarketisdisturbedorisliabletobedisturbedbytheinwardprocessingarrangements, the Commission shall, at the request of a Member Stateor on its own initiative, decide upon the necessary measures; theCouncilandtheMemberStateshallbenotifiedofsuchmeasures,whichshall be valid for no more than six months and shall be immediatelyapplicable.IftheCommissionreceivesarequestfromaMemberState,it shall take a decision thereon within a week following receipt of therequest.
3. Measures decided on by the Commission may be referred to the
CouncilbyanyMemberStatewithinaweekofthedayonwhichtheywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amend or repeal the Commission Decision.
If the Council has not acted within three months, the Commission
Decision shall be deemed to have been repealed.
Article 33
1. The general rules for the interpretation of the Combined Nomen-
clature and the special rules for its application shall apply to the tariffclassificationofproductscoveredbythisRegulation;thetariffnomen-clature resulting from the application of this Regulation shall be incor-porated in the Common Customs Tariff.
2. SaveasotherwiseprovidedforinthisRegulationorinprovisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththird countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 34
1. Where, for one or more of the products listed in Article1, the
free-at-frontier price significantly exceeds the level of Communityprices and where that situation is likely to continue, thereby disturbingorthreateningtodisturbtheCommunitymarket,themeasuresprovidedfor in paragraph5 may be taken.
2. Asignificantexcesswithinthemeaningofparagraph1shallexist
when the free-at-frontier price exceeds the intervention price fixed forthe product in question, increased by 15%, or, as regards products forwhichthereisnointerventionprice,apricederivedfromtheinterven-tionprice,tobedeterminedinaccordancewiththeprocedurelaiddownin Article42, taking account of the nature and composition of theproduct in question.
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3. The situation in which the free-at-frontier price significantlyexceeds the level of prices is likely to continue when an imbalanceexists between supply and demand and that imbalance is likely tocontinue,inviewofforeseeabletrendsinproductionandmarketprices.
4. TheCommunitymarketisdisturbedorunderthreatofdisturbance
bythesituationreferredtointhisArticlewhenthehighlevelofpricesin international trade:
— hinders imports of milk products into the Community, or— causes milk products to leave the Community,
so that security of supply is no longer ensured or threatens to be no
longer ensured in the Community.
5. Where the conditions listed in paragraphs1 to 4 are met, total or
partial suspension of the import duties and/or collection of exportchargesmaybedecidedoninaccordancewiththeprocedurelaiddownin Article42. Detailed rules for the application of this Article shall, ifnecessary,beadoptedbytheCommissioninaccordancewiththesameprocedure.
Article 35
1. If,byreasonofimportsorexports,theCommunitymarketinone
ormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith, serious disturbance likely to jeopardise the achievement of theobjectivessetoutinArticle33oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatof disturbance has ceased.
The Council, acting by a qualified majority, on a proposal from the
Commission, shall adopt general rules for the application of this para-graph and shall define the cases in which and the limits within whichMember States may take protective measures.
2. If the situation referred to in paragraph1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtothe
CouncilbyanyMemberStatewithinthreeworkingdaysofthedayonwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,actingbyaqualifiedmajority,amendorrepealthemeasureinquestionwithin one month following the day on which it was referred to theCouncil.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle300(2)ofthe Treaty.
TITLE III
GENERAL PROVISIONS
Article 36
In order to take account of the restrictions on free circulation which
mayresultfromtheapplicationofmeasuresforcombatingthespreadofdiseases in animals, exceptional measures of support for the marketaffected by those restrictions may be taken in accordance with theprocedure laid down in Article42. Those measures may only be takenin so far as, and for as long as, is strictly necessary for the support ofthat market.
Article 37
SaveasotherwiseprovidedinthisRegulation,Articles87,88and89of
the Treaty shall apply to the production of and trade in the productslisted in Article1.
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Article 38
1. Subject to the provisions of Article87(2) of the Treaty, aids the
amount of which is fixed on the basis of the price or quantity ofproducts listed in Article1 shall be prohibited.
2. National measures permitting equalisation between the prices of
products listed in Article1 shall also be prohibited.
Article 39
Without prejudice to the application of Articles87, 88 and 89 of the
Treaty, a Member State may impose a promotional levy on its milkproducers in respect of marketed quantities of milk or milk equivalentin order to finance the measures on promoting consumption in theCommunity, expanding the markets for milk and milk products andimproving quality.
Article 40
Member States and the Commission shall communicate to each other
the information necessary for implementing this Regulation. Rules forthe communication and distribution of such information shall beadoptedbytheCommissioninaccordancewiththeprocedurelaiddownin Article42.
Article 41
A Management Committee for Milk and Milk Products (hereinafter
calledthe‘committee')shallbeestablished,composedofrepresentativesof Member States and chaired by a representative of the Commission.
Article 42
1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter to the committee either on his owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmaylaydownaccordingtotheurgencyofthematter.TheopinionshallbedeliveredbythemajoritylaiddowninArticle205(2)oftheTreatyinthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply imme-
diately. However, if these measures are not in accordance with theopinionofthecommittee,theyshallbecommunicatedbytheCommis-sion to the Council forthwith. In that event the Commission may deferapplicationofthemeasureswhichithasdecidedfornotmorethanonemonth from the date of such communication.
The Council, acting by a qualified majority, may take a different
decision within one month.
Article 43
The committee may consider any other question referred to it by its
chairman either on his own initiative or at the request of the repres-entative of a Member State.
Article 44
ThisRegulationshallbesoappliedthatappropriateaccountistaken,at
the same time, of the objectives set out in Articles33 and 131 of theTreaty.
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Article 45
►C2Regulation(EC)No1258/2000 ◄andtheprovisionsadoptedin
implementation thereof shall apply to the products listed in Article1.
TITLE IV
TRANSITIONAL AND FINAL PROVISIONS
Article 46
1. Regulations (EEC) No804/68, (EEC) No986/68, (EEC) No987/
68, (EEC) No508/71, (EEC) No1422/78, (EEC) No1723/81, (EEC)No2990/82, (EEC) No1842/83, (EEC) No865/84 and (EEC) No777/87 are hereby repealed.
2. References to Regulation (EEC) No804/68 shall be construed as
referencestothisRegulationandshouldbereadinaccordancewiththecorrelation table in AnnexIII.
Article 47
The Commission shall adopt, in accordance with the procedure laid
down in Article42:
— the measures required to facilitate the transition from the arrange-
mentsprovidedinRegulation(EEC)No804/68tothoseestablishedby this Regulation,
— the measures required to resolve specific practical problems. Such
measures—ifdulyjustified—mayderogatefromcertainpartsofthis Regulation.
Article 48
ThisRegulationshallenterintoforceonthedayofitspublicationinthe
Official Journal of the European Communities .
It shall apply as from 1January 2000.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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(expressed in EUR million)
2005 20062007andsubse-
quentcalendar
yearsANNEX I
ADDITIONAL PAYMENTS: GLOBAL AMOUNTS REFERRED TO IN
ARTICLE 17
Belgium 8,6 17,1 25,7
Denmark 11,5 23,0 34,5
Germany 72,0 144,0 216,0
Greece 1,6 3,3 4,9
Spain 14,4 28,7 43,1
France 62,6 125,3 187,9
Ireland 13,6 27,1 40,7
Italy 25,7 51,3 77,0
Luxembourg 0,7 1,4 2,1
Netherlands 28,6 57,2 85,8
Austria 7,1 14,2 21,3
Portugal 4,8 9,7 14,5
Finland 6,2 12,4 18,6
Sweden 8,5 17,1 25,6
UnitedKingdom 37,7 75,4 113,1
1999R1255 — EN — 26.05.2000 — 001.001 — 24
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CNcode DescriptionofgoodsANNEX II
04031051to99
and04039071to99Buttermilk,curdledmilkandcream,yoghurt,kephirandotherfermentedor
acidified milk and cream, whether or not concentrated or containing addedsugar or other sweetening matter, flavoured or containing added fruit orcocoa
ex 0405 Butter and other fats and oils derived from milk; dairy spreads:
040520 — Dairy spreads
04052010 — — of a fat content, by weight, of 39% or more but less than 60%
04052030 ———o faf a t content, by weight, of 60% or more but not exceeding
75%
ex 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or
oilsorfractionsofdifferentfatsoroilsofthischapter,otherthanediblefatsor oils or their fractions of CNcode 1516:
151710 — Margarine, excluding liquid margarine:
15171010 ——containingmorethan10%butnotmorethan15%byweightofmilk
fats
151790 — Other:
15179010 ——containingmorethan10%butnotmorethan15%byweightofmilk
fats
ex 1702 Lactose and lactose syrup:
17021100 — — containing by weight 99% or more lactose, expressed as anhydrous
lactose, calculated on the dry matter
ex 1704 Sugar confectionery (including white chocolate), not containing cocoa:
ex 170490 —Other,excludingliquoriceextractcontainingmorethan10%byweight
of sucrose but not containing other added substances
ex 1806 Chocolate and other food preparations containing cocoa, excluding cocoa
powder sweetened solely by the addition of sucrose of CNcode 180610
ex 1901 Malt extract; food preparations of flour, meal, starch or malt extract, not
containingcocoaorcontaininglessthan40%byweightofcocoacalculatedonatotallydefattedbasis,notelsewherespecifiedorincluded;foodprepa-rations of goods of CNcodes 0401 to 0404, not containing cocoa orcontaininglessthan5%byweightofcocoacalculatedonatotallydefattedbasis, not elsewhere specified or included:
19011000 — Preparations for infant use, put up for retail sale
19012000 —Mixesanddoughsforthepreparationofbakers’waresofCNcode1905
190190 — other:
— — other:
19019091 — — — containing no milk fats, sucrose, isoglucose, glucose or starch or
containinglessthan1,5%milkfat,5%sucrose(includinginvertsugar)orisoglucose, 5% glucose or starch, excluding food preparations in powderform of goods of CNcodes 0401 to 0404
19019099 — — — other
ex 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or
otherwiseprepared,suchasspaghetti,macaroni,noodles,lasagne,gnocchi,ravioli, cannelloni; couscous, whether or not prepared:
— Uncooked pasta not stuffed or otherwise prepared:
190219 — — other
190220 — Stuffed pasta, whether or not cooked or otherwise prepared:
— — other:
19022091 — — — Cooked
19022099 — — — other
190230 — other pasta
190240 — Couscous:
19024090 — — Other
1999R1255 — EN — 26.05.2000 — 001.001 — 25
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CNcode Descriptionofgoods
1904 Prepared food obtained by the swelling or roasting of cereals or cereal
products (for example, cornflakes); cereals (other than maize (corn)) ingrainformorintheformofflakesorotherworkedgrains(exceptflourandmeal), pre-cooked or otherwise prepared, not elsewhere specified orincluded
1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not
containing cocoa; communion wafers, empty cachets of a kind suitable forpharmaceutical use, sealing wafers, rice paper and similar products:
19051000 — Crispbread
190520 — Gingerbread and the like
190530 — Sweet biscuits; waffles and wafers
190540 — Rusks, toasted bread and similar toasted products
190590 — other:
— — other:
19059040 — — — Waffles and wafers with a water content exceeding 10% by
weight
19059045 — — — Biscuits
19059055 — — — Extruded or expanded products, savoury or salted
19059060 ———— with added sweetening matter
19059090 ———— other
ex 2004 Othervegetablespreparedorpreservedotherwisethanbyvinegaroracetic
acid, frozen, other than products of heading No 2006:
200410 — Potatoes:
— — other:
20041091 ———i nt h e form of flour, meal or flakes
ex 2005 Othervegetablespreparedorpreservedotherwisethanbyvinegaroracetic
acid, not frozen, other than products of heading No 2006:
200520 — Potatoes:
20052010 — — in the form of flour, meal or flakes
ex 2008 Fruit,nutsandotherediblepartsofplants,otherwisepreparedorpreserved,
whether or not containing added sugar or other sweetening matter or spiritnot elsewhere specified or included:
— Nuts, ground-nuts and other seeds, whether or not mixed together:
200811 — — Ground-nuts:
20081110 — — — Peanut butter
210500 Ice-cream and other edible ice, whether or not containing cocoa
ex 2106 Foodpreparationsnotelsewherespecifiedorincluded,excludingcompound
alcoholic preparations falling within CNcode 21069020 and flavoured orcoloured sugar syrups falling within CNcodes 21069030, 21069051,21069055 and 21069059
ex 2202 Waters,includingmineralwatersandaeratedwaters,containingaddedsugar
orothersweeteningmatterorflavoured,andothernon-alcoholicbeverages,not including fruit and vegetable juices of CNcode 2009:
220290 — other:
——other,containingbyweightoffatobtainedfromtheproductsofCNcodes 0401 to 0404:
22029091 — — — less than 0,2%
22029095 — — — 0,2% or more but less than 2%
22029099 ———2%o r more
ex 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than
80% vol; spirits, liqueurs and other spirituous beverages:
220870 — Liqueurs and cordials
220890 — other:
— — other spirits and spirituous beverages, in containers holding:
— — — two litres or less:
———— other:
1999R1255 — EN — 26.05.2000 — 001.001 — 26
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CNcode Descriptionofgoods
22089069 ————— other spirituous beverages
— — — more than two litres:
22089078 ———— other spirituous beverages
ex 3302 Mixtures of odoriferous substances and mixtures (including alcoholic solu-
tions)withabasisofoneormoreofthesesubstances,ofakindusedasrawmaterialsinindustry;otherpreparationsbasedonodoriferoussubstances,ofa kind used for the manufacture of beverages:
330210 — of a kind used in the food or drink industries:
— — of a kind used in the drink industries:
33021029 ————— other
3501 Casein, caseinates and other casein derivatives; casein glues
ex 3502 Albumins, albuminates and other albumin derivatives:
350220 — Milk albumin, including concentrates of two or more whey proteins:
— — other:
35022091 — — — dried (for example in sheets, scales, flakes, powder)
35022099 — — — other
1999R1255 — EN — 26.05.2000 — 001.001 — 27
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Regulation (EEC)No 804/68 This RegulationANNEX III
CORRELATION TABLE
Article1 Article1
Article2 Article2
Article3(1)and(2) Article3(1)
Article3(3) —
Article3(4) Article3(2)
Article4 —
Article5 Article4(1)
Article5a —
Article5c Article5
Article6(2) Article6(3)
Article6(3) Article6(4)
Article6(4) Article6(5)
Article6(6) Article10
Article7(1) Article7(1)
Article7(2) Article7(3)
Article7(3),firstsubparagraph Article7(4),firstsubparagraph
Article7(3),fourthsubparagraph Article7(4),secondsubparagraph
Article7(4) Article7(5)
Article7(5) Article10
Article7a —
Article8(1)to(3) Article8(1)to(3)
Article8(4) Article10
Article9(3) Article10
Article10(1) Article11(1)
Article10(2) —
Article10(3) Article15
Article11(1) Article12(1)
Article11(2) —
Article11(3) Article15
Article12(3) Article15
Article13 Article26
Article14 Article27
Article15 Article28
Article16 Article29
Article16a Article30
Article17 Article31
Article18 Article32
Article19 Article33
Article20 Article34
Article21 Article35
Article22 —
Article22a Article36
Article23 Article37
Article24 Article38
Article24a Article39
Article25 —
Article26(1)and(2) Article14(1)and(2)
1999R1255 — EN — 26.05.2000 — 001.001 — 28
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Regulation (EEC)No 804/68 This Regulation
Article26(4) Article15
Article26(5) —
Article28 Article40
Article29(1) Article41
Article29(2) —
Article30 Article42
Article31 Article43
Article32 —
Article33 Article44
Article34 Article45
Article35 —
Article36 —
Article37(1) Article48
Annex AnnexII