1995R0785 — EN — 16.07.2001 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No785/95
of6April1995
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No603/95onthecommon
organizationofthemarketindriedfodder
(OJ L 79, 7.4.1995, p. 5)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1362/95 of 15 June 1995 L 132 6 16.6.1995
►M2Commission Regulation (EC) No 620/96 of 9 April 1996 L 89 3 10.4.1996
►M3Commission Regulation (EC) No 629/97 of 10 April 1997 L 96 4 11.4.1997
►M4Commission Regulation (EC) No 1794/97 of 17 September 1997 L 255 12 18.9.1997
►M5Commission Regulation (EC) No 676/1999 of 26 March 1999 L 83 40 27.3.1999
►M6Commission Regulation (EC) No 1413/2001 of 12 July 2001 L 191 8 13.7.2001
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COMMISSIONREGULATION(EC)No785/95
of6April1995
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC)No603/95onthecommonorganizationofthemarketindried
fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 603/95 of 21 February
1995 on the common organization of the market in dried fodder(1), and
in particular Article 18 thereof,
Whereas, in order to ensure efficient application of the system of aid for
dried fodder, certain concepts should be defined;
Whereas, in order to avoid any risk of double payment, it is appropriate
to exclude all of the products benefitting (SIC! benefiting) from the aidof arable crops listed in Annex I of Council Regulation (EEC) No 1765/92(
2), as last amended by the Act of Accession of Austria, Finland and
Sweden, with the exception of sweet lupins until the flowering stage,
from the scope of the aid for dried fodder;
Whereas, having regard to the criteria laid down in Article 8 of
Regulation (EC) No 603/95, the minimum quality for the products in
question, expressed in terms of moisture and protein content, should be
laid down; whereas, taking account of commercial practices, themoisture content should be differentiated according to certain productionprocesses;
Whereas Article 12 of Regulation (EC) No 603/95 lays down that
Member States must carry out checks to verify that all undertakings andbuyers of fodder for drying satisfy the conditions set out in thatRegulation; whereas, in order to facilitate such checks and to ensure
fulfilment of the conditions of eligibility for aid, processing under-
takings and buyers of fodder for drying should be subject to an approvalprocedure; whereas, to the same end, the details to be included in aidapplications, stock records and delivery declarations of processingundertakings should be specified; whereas the other supporting
documents to be supplied should be specified;
Whereas, in order to ensure uniform application of the system of aid, the
payment procedures should be defined;
Whereas, in order to facilitate the marketing of fodder for processing
and to enable the competent authorities to carry out the checks necessaryfor verifying entitlement to aid, contracts between processing under-
takings and farmers should be concluded before delivery of the raw
materials and lodged with the competent authorities before a certain dateto enable them to know the expected volume of production; whereas, tothat end, contracts must be in writing, indicate the date of conclusion,the period of validity, the names and addresses of the contracting parties
and the nature of the products to be processed and identify the
agricultural parcel on which the fodder to be processed was grown;
Whereas, where there are no such contracts, delivery declarations,
subject to the conditions applicable to contracts, must be drawn up by
the processing undertaking;
Whereas, in order to verify that the quantities of raw materials delivered
to undertakings tally with the quantities of dried fodder leaving them,the said undertakings should weigh all fodder for processing anddetermine its moisture content;
Whereas, in order to permit effective verification of the right to aid, in
view of the different levels of aid provided for artificially dried fodder1995R0785 — EN — 16.07.2001 — 004.001 — 2
(1) OJ No L 63, 21. 3. 1995, p. 1.
(2) OJ No L 181, 1. 7. 1992, p. 12.
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and sun-dried fodder, it is essential that processing undertakings
manufacture and stock the different products in separate premises;
Whereas rigorous checks must be carried out to ensure fulfilment of the
quality requirements for dried fodder based on regular sampling offinished products leaving undertakings; whereas, where those products
are mixed with other materials, samples must be taken before mixing;
Whereas Regulation (EC) No 603/95 provides for a series of checks to
be carried out at each stage of the production process, inter alia linked to
the integrated verification and management system; whereas, therefore,
checks on the identification of the agricultural parcels concerned shouldbe coordinated with the checks carried out under that system;
Whereas, in order to ensure efficient management of the market for
dried fodder, the Commission must receive certain information on aregular basis;
Whereas, in order to ensure fulfilment of the conditions laid down in the
relevant rules, in particular regarding eligibility for aid, penalties shouldbe laid down to prevent any infringements;
Whereas Commission Regulation (EEC) No 1528/78(
1), as last amended
by Regulation (EEC) No 1069/93(2), and Commission Regulation (EEC)
No 2743/78(3) are replaced by this Regulation; whereas they should
therefore be repealed;
Whereas Regulation (EC) No 603/95 applies as from 1 April 1995, the
date on which the marketing year 1995/96 begins; whereas thisRegulation should therefore apply as from the same date;
Whereas the Joint Management Committee for Cereals, Oils and Fats
and Dried Fodder has not delivered an opinion within the time limit setby its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the detailed rules for the application of the
common organization of the market in dried fodder set up by Regulation(EC) No 603/95.
Article 2
For the purposes of this Regulation:
1. ‘dried fodder’ means the products referred to in Article 1 of
Regulation (EC) No 603/95, drawing a distinction between:
(a) ‘dehydrated fodder’, which means the products listed in the first
and third indents of Article 1 (a) of that Regulation which haveundergone artificial heat-drying; the ‘similar fodder products’referred to in the third indent of point (a) of that Article beingunderstood to cover:
— herbage legumes,
— herbage grasses,
— whole plants, harvested green with unripe grain, of the cereals
listed in point I of Annex I to Council Regulation (EC) No
1251/1999(
4) and having been cultivated on land which was
not declared in the area aid application with a view to the aidfor arable crops provided for in that Regulation,1995R0785 — EN — 16.07.2001 — 004.001 — 3
(1) OJ No L 179, 1. 7. 1978, p. 10.
(2) OJ No L 108, 1. 5. 1993, p. 114.
(3) OJ No L 330, 25. 11. 1978, p. 19.
(4) OJ L 160, 26.6.1999, p. 1.▼M2
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—Chenopodium quinoa ,
in so far as those species are covered by CN codes 1214 90 91
and 1214 90 99;
(b) ‘sun-dried fodder’ which means the products referred to in the
second and fourth indents of Article 1 (a) of Regulation (EC) No
603/95, otherwise dried and ground;
(c) ‘protein concentrates’ which means the products referred to in the
first indent of Article 1 (b) of Regulation (EC) No 603/95;
(d) ‘dehydrated products’ which means the products as referred to in
the second indent of Article 1 (b) of Regulation (EC) No 603/95;
Aid for processing into dried fodder shall not be payable on fodder
plants the seeds of which have been harvested
2. ‘processing undertaking’ means any dried fodder processing under-
taking referred to in Article 6 of Regulation (EC) No 603/95, dulyapproved by the Member State in which it is located, where:
(a) either fresh fodder is dehydrated by means of a drier which
satisfies the following requirements:
— air temperature at the entry point not less than 350 ºC;
however, horizontal belt driers producing an air temperatureat the entry point of not less than 110 ºC approved before thebeginning of the 1999/2000 marketing year need not complywith this requirement,
— residence time of the fodder being dehydrated not exceeding
three hours,
— in case of drying in layers of fodder, bed depth of each layer
no deeper than one metre;
(b) or sun-dried fodder is milled;
(c) or protein concentrates are manufactured;
3. ‘purchaser of fodder for drying and for grinding’ means a natural or
legal person referred to in the third indent of Article 9 (c) ofRegulation (EC) No 603/95, duly approved by the Member State
where he is established, who purchases fresh fodder from producers
in order to deliver it to processing undertakings;
4. ‘lot’ means a specific quantity of fodder of uniform quality as regards
composition, moisture content and protein content, leaving a
processing undertaking at the same time.
5. ‘mixture’ means an animal feed product containing fodder covered by
Article 1 of Regulation (EC) No 603/95, dried and/or ground by the
processing undertaking, and other products, termed ‘additives’, of adifferent type, or of the same type but dried and/or ground elsewhere.
However, dried fodder containing no more than 3 % additives as a
percentage of the total weight of the finished product shall not be
regarded as a mixture where the total nitrogen content, relative to thedry matter of the additive, does not exceed 2,4 %.
Article 3
1. For the purposes of this Regulation, the aid provided for in Article
3 of Regulation (EC) No 603/95 shall be payable on products covered byArticle 2 (1) which are of sound, genuine and merchantable quality,1995R0785 — EN — 16.07.2001 — 004.001 — 4
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which meet the requirements for marketing for use as animal feed, and
which:
(a) leave, either without further processing or as a mixture as defined in
the first subparagraph of Article 2 (5):
— the premises of the processing undertaking,
— where they cannot be stored on the latter, a storage location
outside the same which provides adequate guarantees of propersupervision of the stored fodder and which has been approved inadvance by the competent authority,
— in the case of mobile drying equipment, such equipment, and,
where stored by the person carrying out dehydration, any storagelocation satisfying the conditions laid down in the second indent;and
(b) display the following characteristics on departure from the
processing undertaking as referred to in (a):
(i) maximum moisture content:
— 12 % in the case of sun-dried fodder, ground dehydrated
fodder, protein concentrates and dehydrated products,
— 14 % in the case of other dehydrated fodder;
(ii) minimum total crude protein content of the dry matter:
— 15 % in the case of dehydratred (SIC! dehydrated) fodder,
sun-dried fodder and dehydrated products,
— 45 % in the case of protein concentrates.
The aid shall be payable solely on quantities of products obtained by
drying fodder produced on parcels which on inspection can be shown, tothe satisfaction of the competent authority, to be utilized for agriculture.
2. Before bringing onto its premises products other than fodder to be
dried and/or ground for the manufacture of mixtures within the meaning
of Article 2 (5), the processing undertakings shall so inform thecompetent authorities of the Member State concerned, specifying thetype and quantities thereof.
Where the products being brought is consist of fodder dried and/or
ground by another processing undertaking, such undertaking shall also
inform the competent authorities of their origin and intended utilization;in such cases, they may be brought onto the said premises solely underthe supervision of and on conditions laid down by such authorities.
Dried fodder leaving a processing undertaking may only re-enter it for
the purpose of repackaging or reprocessing, under the supervision of andon the conditions set by the competent authority.
Products entering or re-entering the premises of processing undertakings
in accordance with this paragraph may not be stored with fodder dried
and/or ground by the undertaking in question; furthermore, they shall beentered in the undertaking's stock accounts as specified in Article 12 (1).
Article 4
1. For the purposes of approval as referred to in Article 2 (2),
processing undertakings must:
(a) provide the competent authority with a file comprising:
— a plan of their premises, showing in particular entry points for
products to be processed, exit points for dried fodder, storagelocations for products awaiting processing and finished products,and processing sites,
— a description of the technical installations for carrying out the
operations specified at Article 2 (2) (a), (b) and (c), and inparticular the dehydration ovens and grinding units, with detailsof hourly evaporation capacity and operating temperature, andweighing equipment,1995R0785 — EN — 16.07.2001 — 004.001 — 5
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— a list of the additives used before or during the dehydration
process and an illustrative list of the other products used inmanufacture, and the finished products,
— model stock accounts, which must permit a daily tracking of
quantities of products entering for dehydration and/or grinding,quantities produced and quantities of binding agents and anyother additives used in manufacture. A specific entry shall bemade in the stock accounts covering dried fodder entering or re-
entering the premises of approved undertakings.
Undertakings shall notify the competent authority within days of any
change or changes to the files, with a view to obtaining confirmation
of the approval;
(b) comply with:
— the requirements laid down in Regulation (EC) No 603/95,
— the requirements laid down herein.
Where a processing undertaking fails to fulfil any of the requirements of
point (a) or (b) above, it shall forfeit approval for a period to bedetermined by the competent authority in line with the gravity of thebreach.
2. For the purposes of approval as referred to in Article 2 (3), a
purchaser of fodder for drying and grinding must:
— lodge with the competent authority, not later than the date provided
for in Article 8 (5), the contracts concluded with producers together
with a list of all the agricultural parcels concerned,
— keep a register of the products in question, showing at least the daily
purchases and sales of each product and, in respect of each lot, thequantity involved, a reference to the contract with the producer whodelivered the product and, where applicable, the processing under-taking for which the product is intended,
— keep his financial accounts available for inspection by the competent
authority,
— facilitate the verification procedures.
A purchaser of fodder for drying and grinding shall have his approval
withdrawn for a period to be specified by the competent authority,
commensurate with the seriousness of the infringements found, if at least
one of the conditions referred to in the first subparagraph is no longermet.
3. Approval as referred to in Article 2 (2) and (3) shall be granted
before the beginning of the marketing year by the competent authority ofthe Member State on application by the party concerned.
Exceptions from this provision may be allowed by the Commission
departments in exceptional cases for a period of up to two monthsfollowing the beginning of the marketing year in question. In such cases,the undertaking shall be deemed approved on a temporary basis pendingthe granting of definitive approval by the competent authority.
Article 5
1. Within 45 days of the end of the month, processing undertakings
shall lodge applications for aid as referred to in Article 3 of Regulation(EC) No 603/95 covering the quantities leaving the undertaking during
that month.
However, no aid applications for a marketing year may be submitted
after 15 April following the end of the marketing year in question.
Except in cases of force majeure , late submission of an application shall
result in a reduction of 1 % per working day of the amount of aidcovered by the application to which the undertaking would have been1995R0785 — EN — 16.07.2001 — 004.001 — 6
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entitled if it had submitted its application in time. Applications
submitted more than 20 days late shall not be accepted.
2. Aid applications shall include at least:
— the applicant's first name, surname, address and signature,
— the quantities covered by the aid application, broken down by lot,— the date on which each quantity left the undertaking,— confirmation that samples were taken of each lot in accordance with
Article 11 (3) on departure from the undertaking or when the driedfodder was mixed in, and apply particulars required to identify thesamples,
— a list by lot of all additives referred to in Article 2 (5), specifying the
type, name, total nitrogenous matter content in the dry matter and
rate of incorporation in the finished product,
— in the case of mixtures within the meaning of the first subparagraph
of Article 2 (5), the total crude protein content in each lot of thefodder dried by the undertaking, after deduction of the totalnitrogenous matter content provided by the additives.
3. The aid shall be granted to processing undertakings solely in
respect of fodder dried and/or ground on its premises, less the weight of
additives as defined in Article 2 (5).
Article 6
1. The advance payment which is provided for in Article 6 (1) of
Regulation (EC) No 603/95 and which is subject to one of the securitiesprovided for in the same paragraph, may be granted to the beneficiaryonly where the aid application is accompanied by a certificate showingthat the corresponding security has been lodged.
2. Member States shall take the necessary measures for checking
entitlement to the aid within 90 days from the date the application islodged.
3. The balance provided for in Article 6 (3) of Regulation (EC) No
603/95 shall be paid, where appropriate, within 60 days of the date on
which the Commission publishes the amount of the said balance in the
Official Journal of the European Communities .
4. The balance referred to in paragraph 3 above shall be calculated on
the basis of the notifications from the Member States, in accordance
with the second indent of Article 15 (a). Where, as a result of subsequentchecks, one or more Member States submits a second, dulysubstantiated, notification correcting the first upward, the secondnotification will be taken into consideration only if the balance,calculated on the basis of the first notification, is not affected. The
quantities of dried fodder which cannot be taken into consideration in
application of the above will, in that case, be allocated to the followingmarketing year.
Article 7
The operative event for the agricultural conversion rate applicable for
the purposes of Regulation (EC) No 603/95 shall occur on the date onwhich the dried fodder leaves the processing undertaking.
Article 8
1. In addition to the information specified in Article 11 of Regulation
(EC) No 603/95, each contract as provided for in Article 9 (c) of thatRegulation shall include, in particular:
(a) the names, forenames and addresses of the contracting parties;
(b) the date on which it is concluded;
(c) the term for which it is concluded;1995R0785 — EN — 16.07.2001 — 004.001 — 7
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(d) the type or types of crop to be processed and the foreseeable
quantity involved;
(e) identification of the parcel or parcels on which the fodder to be
processed was grown, in accordance with the parcel identificationsystem provided for in the integrated management and verificationsystem; and
(f) where a processing undertaking is executing a processing contract as
provided for in Article 11 (2) of Regulation (EC) No 603/95
concluded with an independent producer or with one or more of itsown members, the contract shall also indicate:
— the finished product to be delivered,
— the costs to be paid by the producer.
2. Where an undertaking processes its own production or, in the case
of a group, that of its members, a delivery declaration shall be drawn upgiving at least the following information:
— the date of delivery or, where appropriate, an indicative date if
delivery is to take place after the date on which the declaration issubmitted to the competent authority,
— the quantity of fodder received or to be received,
— the type or types of crop to be processed,
— where applicable, the name and address of the member of the group
making the delivery, and
— identification of the parcel or parcels on which the fodder to be
processed was grown, in accordance with the parcel identificationsystem provided for in the integrated management and verificationsystem.
3. Where an undertaking obtains supplies from an approval
purchaser, a delivery declaration shall be drawn up giving at least the
following information:
— the identity of the approved purchaser,
— the date of delivery or, where appropriate, an indicative date if
delivery is to take place after the date on which the declaration issubmitted to the competent authority,
— the quantity of fodder received or to be received, broken down
according to the producers with whom contracts were concluded bythe approved purchaser, specifying the reference of the contracts,
— the type or types of crop to be processed,
— identification of the parcel or parcels on which the fodder to be
processed was grown, in accordance with the parcel identification
system provided for in the integrated management and verificationsystem.
4. The contracts and delivery declarations referred to in paragraphs 1,
2 and 3 shall be prepared, in writing, at least two working days beforethe date of delivery and not later than 14 September following thebeginning of the marketing year in question.
5. Not later than ►
M115 September ◄following the beginning of
the marketing year in question, processing undertakings shall submit to
the competent authority a copy of the contracts referred to in paragraph1 and a copy of the delivery declarations referred to in paragraphs 2 and3, with a list of the parcels concerned. ►
M3The documents in question
may, where necessary, be submitted in electronic form if the parties inquestion mutually agree to accept that form of communication. In that
case, the processing undertaking shall keep the documents in traditional
form and make them available for any checks requested by thecompetent authority. ◄
6. Without prejudice to paragraphs 4 and 5, the contracts and delivery
declarations may be drawn up until 28 November and be submitted tothe competent authority until 30 November following the beginning of1995R0785 — EN — 16.07.2001 — 004.001 — 8
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the marketing year in question. The competent authority can in no case
accept the said documents after that date.
In that case their execution for the purposes of the processing of the raw
materials concerned may not take place until the competent authority,after having verified that the parcel or parcels indicated in theaforementioned contracts and/or delivery declarations are not includedin the aid accounting under other Community aid schemes, and after
having consulted the database provided for in Article 2 of Regulation
(EEC) No 3508/92(
1), as last amended by Regulation (EC) No 820/
97(2), shall confirm in writing to the processing undertaking its formal
agreement to execution of the contracts or delivery declarations.
Article 9
1. The processing undertakings shall systematically weigh fodder to
be dehydrated and, where applicable, sun-dried fodder delivered to themfor processing, in order to determine the exact quantities thereof.
2. The obligation to weigh such fodder systematically shall not apply
where:
(a) the fodder is to be dehydrated in a mobile dehydration unit; in such
cases, the quantities delivered may be estimated on the basis of the
areas sown;
(b) the production of the undertaking concerned does not exceed 1 000
tonnes per marketing year and the undertaking proves to the
satisfaction of the competent authority of the Member State that itcannot make use of public weighing facilities located within a radiusof five kilometres; in such cases, the quantities delivered may bedetermined by any other method approved in advance by thecompetent authority of that Member State.
3. The processing undertakings shall determine the average moisture
content of fodder to be dehydrated on the basis of a comparison of thequantities used and the quantities of dried fodder obtained.
4. In the first ten working days of each quarter, the processing
undertakings shall notify the competent authority of the average
moisture content, as referred to in paragraph 3, recorded during theprevious quarter in respect of the fodder they have dehydrated.
Article 10
Where a processing undertaking carries out the manufacture, on the one
hand, of dehydrated fodder and/or protein concentrates and, on the otherhand, of sun-dried fodder:
— the dehydrated fodder must be manufactured in premises or places
separate from those where sun-dried fodder is manufactured,
— products obtained from the two manufacturing operations must be
stored in different places,
— it shall be prohibited to mix within the undertaking a product
belonging to one of the groups with a product belonging to the othergroup.
Article 11
(SIC! 1.) The sampling and determination of the weight of dried
fodder referred to in Article 12 (2) of Regulation (EC) No 603/95 shall
be carried out by the processing undertaking when the dried fodderleaves the undertaking.1995R0785 — EN — 16.07.2001 — 004.001 — 9
(1) OJ L 355, 5. 12. 1992, p. 1.
(2) OJ L 117, 7. 5. 1997, p. 1.▼M2
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However, where dried fodder is mixed within the meaning of Article 2
(5) in processing undertakings, sampling and weight determination shallbe carried out before mixing.
Where mixing is carried out before or during drying, a sample shall be
taken after drying; it shall be accompanied by a statement to the effectthat it relates to a mixture and specifying the type and name of theadditive, its total nitrogenous content in the dry matter and the rate ofincorporation in the finished product.
2. The competent authority may require each processing undertaking
to notify it at least two working days in advance each time dried fodderleaves the undertaking or is mixed, specifying the dates and quantities,to enable the latter to carry out the necessary checks.
The competent authorities shall regularly take samples covering, and
shall carry out weight determination in respect of, at least 5 % by weight
of dried fodder leaving the undertaking and at least 5 % by weight of
dried fodder mixed within the meaning of Article 2 (5) each marketingyear.
3. The determination of moisture and crude protein content provided
for in Article 3 shall be carried out by taking a sample for every
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processing undertaking or ►M2mixed on its premises within the
meaning of Article 2 (5) ◄in accordance with the method laid down in
the Community provisions establishing Community methods of analysisfor the official control of feedingstuffs(
1).
Where several lots of the same quality with regard to composition,
moisture content and protein content, together weighing ►M2110
tonnes◄or less, leave the undertaking or are mixed on its premises, a
sample shall be taken from each lot. However, the analysis shall becarried out on a representative mixture of these samples.
Article 12
1. In addition to the details referred to in Article 9 (a) of Regulation
(EC) No 603/95, the stock accounts of processing undertakings shallinclude at least details of:
— the species referred to in Article 1 of Regulation (EC) No 603/95 of
fodder to be dehydrated and, where applicable, sun-dried fodderentering the undertaking,
— the moisture content of fodder to be dehydrated,— the references of the contract and/or delivery declaration provided
for in Article 8,
— the dates on which the dried fodder left the undertaking, specifying
the quantities which left on each date,
— the stock of dried fodder at the end of each marketing year,
— the products mixed with or added to fodder dried and/or ground by
the undertaking, specifying the type and name of the products, theirtotal nitrogenous matter content in the dry matter and their rate ofincorporation in the finished product.1995R0785 — EN — 16.07.2001 — 004.001 — 10
(1) (a) Sampling: First Commission Directive (76/371/EEC) (OJ No L 102, 15.
4. 1976, p. 1);
(b) measurement of moisture: Second Commission Directive (71/393/EEC)
(OJ No L 279, 20. 12. 1971, p.7);
(c) measurement of crude protein: Third Commission Directive (72/199/
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2. Processing undertakings shall keep separate stock accounts for
dehydrated fodder, sun-dried fodder, protein concentrates and dehy-drated products.
3. Where a processing undertaking also dries or processes products
other than fodder referred to in Article 2 (1), it shall keep separate
accounts in respect of such other drying or processing activities.
Article 13
The documentary evidence to be made available by processing
undertakings to the competent authority at the latter's request shallinclude:
(a) in the case of all processing undertakings:
— details whereby the production capacity of the plant may be
determined,
— details of the fuel stocks held in the plant at the beginning and
end of production,
— invoices for the purchase of fuel and the meter readings for
electricity consumption during the production period,
— details of the number of hours the driers and, in the case of sun-
dried fodder, the crushers were in operation;
(b) in the case of processing undertakings which sell their own output,
the invoices in respect of their sales of dried fodder, with details inparticular of:
— the quantity and composition of the fodder sold,
— the name and address of the purchaser;
(c) in the case of undertakings processing fodder produced by their
members and delivering them dried fodder, the delivery orders or
any other accounting document acceptable to the competentauthority, with details in particular of:
— the quantity and composition of the processed fodder delivered,
— the names of the persons to whom such fodder was delivered;
(d) in the case of undertakings processing for farmers fodder supplied
by and delivered back to those farmers, invoices in respect of theirprocessing charges, with details in particular of:
— the quantity and composition of dried fodder produced,
— the names of the farmers concerned.
Article 14
1. The competent authorities shall carry out cross-checks of the
agricultural parcels referred to in the contracts and/or declarations and
those declared by the producers in their area aid applications in order toprevent any aid being granted without justification.
2. The competent authorities shall inspect the stock records of all
approved undertakings. They shall also carry out random checks on thefinancial supporting documents relating to the transactions carried outby these undertakings. Each undertaking must be inspected for this
purpose at least once every marketing year.
However, in the case of newly-approved undertakings, the inspection
shall cover all applications submitted during the first year of operation.
3. The competent authorities shall:
— regularly check in particular the accounts of approved undertakings,
— undertake regular additional checks on suppliers of raw materials
and on operators to whom dried fodder has been supplied.
The competent authorities may also make unannounced checks of the
same type as those referred to above.
4. Applications subjected to on-the-spot checking shall be selected by
the competent authority on the basis of a risk analysis and an element ofrepresentativeness of the aid applications submitted.1995R0785 — EN — 16.07.2001 — 004.001 — 11
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The risk analysis shall take account, in particular, of:
— the amount of aid involved,
— changes from the previous year,
— the findings of checks made in past years,— other factors to be defined by the Member State.
Article 15
Member States shall inform the Commission:
(a) — at the beginning of each quarter, of the quantities of dried fodder
in respect of which applications for the aid referred to in Article3 of Regulation (EC) No 603/95 were lodged during the previousquarter, such particulars to be broken down by the months in
which the quantities concerned left the undertaking,
— not later than 31 May each year, of the quantities of dried fodder
in respect of which entitlement to the aid was recognized duringthe previous marketing year.
The particulars provided shall distinguish between the products
referred to respectively in Article 2 (1) (a), (b), (c) and (d) and will
be used by the Commission to determine whether the maximumguaranteed quantity has been complied with;
(c) not later than 30 April of each year, of the estimated quantities of
stocks of dried fodder held in the processing undertakings at 31
March of that year;
(d) not later than 1 May 1995, of the measures adopted to implement
Regulation (EC) No 603/95 and this Regulation;
(e) during the month following the end of each six-month period, of the
average moisture contents recorded during the previous six monthsin fodder to be dehydrated and notified by processing undertakingsin accordance with Article 9 (4).
Article 16
Where inspections reveal that the quantity of dried fodder indicated in
one or more aid applications is greater than that which actually left theprocessing undertaking, the amount of aid to be granted shall becalculated on the basis of the quantity which actually left the
undertaking, reduced by twice the difference found.
If the difference found exceeds 20 % of the quantity which actually left
the undertaking, no aid shall be granted.
However, in the case of a false indication of quantities in one or more
applications made intentionally or as a result of serious recklessness:
— the processing undertaking in question shall be excluded from the aid
scheme concerned as regards the application or applications in
question, and
— in the case of a false indication of quantities in one or more
applications intentionally made, the said undertaking shall beexcluded from the aid scheme for the following marketing year, inrespect of a quantity equal to that for which the aid application(s) in
question was or were rejected.
Article 17
Regulation (EEC) No 1528/78 and (EEC) No 2743/78 are hereby
repealed. However, those provisions concerning the management of theaid scheme in force during the 1994/95 marketing year shall continue toapply until the accounts for that marketing year have been finallycleared.1995R0785 — EN — 16.07.2001 — 004.001 — 12
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Article 17a
1. Notwithstanding point 1 of Article 2, and for the 1995/1996
marketing year alone, processing undertakings may apply for the aid
provided for in Article 3 of Regulation (EC) No 603/95 for green cereals
delivered by producers who:
— have cultivated these cereals on land which was not declared in the
area aid application with a view to the aid for arable crops providedfor in Regulation (EEC) No 1765/92 and,
— before the entry into force of Regulation (EC) No 785/95, have
carried out sowing or have concluded contracts with the processing
undertakings concerned for delivery of the said cereals with a view
to their being processed into dried fodder.
2. The competent authorities in the Member States shall adopt all the
necessary inspection measures to ensure compliance with paragraph 1.
Article 18
This Regulation shall enter into force of the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 April 1995. However, the following provisions
shall apply from 1 April 1996:
(a) Article 4 (1) providing for the approval of processing undertakings;
(b) the first sentence of Article 9 providing for the determination by
systematic weighing, in the case of undertakings which have noweighing apparatus;
(c) Article 14 (1) providing for cross-checks. However, in so far as one
or more elements of the integrated system are in operation before 1January 1996, Member States shall use that or those elements intheir management and verification activities and, in particular, to theextent possible, to carry out the cross-checks.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1995R0785 — EN — 16.07.2001 — 004.001 — 13
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