1992R2235 — EN — 01.07.1998 — 003.001 — 1
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►B COMMISSION REGULATION (EEC) No 2235/92
of 31 July 1992
layingdowndetailedrulesfortheapplicationoftheaidfortheconsumptionoffreshmilkproducts
in the Canary Islands
(OJ L 218, 1.8.1992, p. 105)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2.7.1993
►M2Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26.7.1995
►M3Commission Regulation (EC) No 1400/98 of 30 June 1998 L 187 54 1.7.1998
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COMMISSION REGULATION (EEC) No 2235/92
of 31 July 1992
laying down detailed rules for the application of the aid for the
consumption of fresh milk products in the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June
1992 concerningspecific measures for the Canary Islands with reg ard tocertain agricultural products(
1), and in particular Article 11 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to beapplied for the purposes of the common agricultural policy (
2), as last
amended by Regulation (EEC) No 2205/90 (3), and in particular Article
12 thereof,
Whereas the said Regulation provides for an aid to be granted for the
human consumption of fresh cows’ milk products produced in theCanary Islands, within the limits of the consumption needs of theCanary Islands; whereas payment of the aid is subject to the benefittherefrom beingactually passed on to the consumer so as to prevent anincrease in the consumer price of those products;
Whereas, to promote the consumption of locally produced fresh milk
products, certain detailed rules for the application of the measure inquestion should be laid down, includingthe quantity of milk productsqualifyingfor the aid;
Whereas the administrative authorities should be endowed with appro-
priate instruments for preventingthe aid in question from beingdivertedfrom its objectives, which are regular disposal on the local market oflocally produced fresh cows’ milk products and the passingon of thebenefit to the final consumer;
Whereas control measures should be established by the national authori-
ties to ensure that the aid scheme operates properly; whereas provisionshould be made for periodic reportingto the Commission;
Whereas the arrangements established by Regulation (EEC) No 1601/92
entered into force on 1 July 1992; whereas the detailed rules for theirapplication should take effect on the same date;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. The aid for the human consumption of fresh cows’ milk products
produced in the Canary Islands provided for in Article 11 of CouncilRegulation (EEC) No 1601/92 shall be paid, subject to the limit of44 000 tonnes of whole milk, for a period of twelve months.
2. The amount of the aid shall be ECU ►
M28,344◄per 100
kilograms of whole milk used in the production of the various productslisted in the Annex hereto. ►
M1 ◄
(1) OJ No L 173, 27. 6. 1992, p. 13.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
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3. For the purposes of this Regulation, ‘whole milk' means theproduct which is obtained by milkingone or more cows and whosecomposition has not been modified since milking.
Article 2
1. The aid shall be granted upon written application by dairies which
undertake to:
(a) keep accounts showing, in particular, the quantities of each milk
product and the quantities of milk used in those products;
(b) submit to any control measure determined by the Member State
concerned, in particular with regard to the verification of theaccounts and control of the quality of the products in question.
2. Applications for payment of the aid must be made usinga
standard printed form as required by the competent authority of theMember State and contain at least the followingparticulars:
— the quantities of milk used in each product by category of product,
— the name and address of the dairy,— the amount of the correspondingaid.
Article 3
1. Spain shall take all appropriate measures, in particular with regard
to control, to ensure that:
(a) the aid is granted only for the milk products referred to in Article 1
intended for direct human consumption in the Canary Islands;
(b) benefit from the aid is passed on to the consumer by actual impact
on the final retail price.
2. Spain shall notify the Commission within three months of the
entry into force of this Regulation of the measures referred to inparagraph 1.
Article 4
1. The controls carried out pursuant to Article 2 (1) must be the
subject of a report specifying:
— the date of the control,
— the place of the control,— the results obtained.
2. The competent authorities shall notify the Commission of cases of
irregularities within four weeks.
Article 5
Where the benefit of the aid is not passed on to the final consumer, the
competent authorities in Spain:
— shall recover the aid in whole or in part,
— may limit or suspend entitlement to the aid either temporarily or
permanently, accordingto the seriousness of the failure to fulfil theobligations.
Article 6
Spain shall send to the Commission, not later than the last day of each
month, the followingparticulars concerningthe precedingmonth:
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— the quantities for which aid applications have been made,
— the quantities for which aid has been approved.
Article 7
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
It shall apply from 1 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
List of products eligible for the Community aid referred to in Article 11(1) of
Regulation (EC) No 1601/92:
1. drinkingmilk;2. cream;3. yoghurt;4. fresh cheese with a fat content by weight of dry matter of not less than 40 %.