1999R2799 — EN — 17.12.2002 — 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)No2799/1999
of17December 1999
layingdowndetailedrulesforapplyingRegulation(EC)No1255/1999asregardsthegrantofaid
for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such
skimmed-milkpowder
(OJ L 340, 31.12.1999, p. 3)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 778/2002 of 7 May 2002 L 123 30 9.5.2002
►M2Commission Regulation (EC) No 2348/2000 of 23 October 2000 L 271 35 24.10.2000
►M3Commission Regulation (EC) No 213/2001 of 9 January 2001 L 37 1 7.2.2001
►M4Commission Regulation (EC) No 1932/2002 of 29 October 2002 L 295 8 30.10.2002
►M5Commission Regulation (EC) No 2238/2002 of 16 December 2002 L 341 11 17.12.2002
▼B
COMMISSIONREGULATION(EC)No2799/1999
of17December 1999
laying down detailed rules for applying Regulation (EC) No 1255/
1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such
skimmed-milkpowder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in milk and milkproducts(
1), and in particular Articles 10 and 15 thereof,
Whereas:
(1)Regulation (EC) No 1255/1999 replaces Council Regulation
(EEC) No 804/68(2), as last amended by Regulation (EC) No
1587/96(3), and, among others, Council Regulation (EEC) No
986/68 of 15 July 1968 laying down general rules for grantingaid for skimmed milk and skimmed-milk powder for use asfeed(
4), as last amended by Commission Regulation (EC) No
1802/95(5). To take account of the new arrangements and of
past experience, Commission Regulation (EEC) No 1725/79 of26 July 1979 on the rules for granting aid to skimmed milkprocessed into compound feedingstuffs and skimmed-milkpowder intended for feed for calves(
6), as last amended by
Regulation (EC) No 83/96(7), should be amended and, where
necessary, simplified. At the same time as amending that Regu-
lation, in the interests of clarity, it should also be recast toincorporate Commission Regulations (EEC) No 3398/91 of 20November 1991 on the sale by invitation to tender of skimmed-milk powder for the manufacture of compound feedingstuffs and
amending Regulation (EEC) No 569/88(
8), as last amended by
Regulation (EC) No 124/1999(9), and (EEC) No 1634/85 of 17
June 1985 fixing the amount of the aid for skimmed milk andskimmed-milk powder for use as feed(
10), as last amended by
Regulation (EEC) No 1802/95;
(2)the goal of the aid measure provided for in Article 11 of Regula-tion (EC) No 1255/1999 is to enable the best return to be
obtained from milk proteins. It is therefore appropriate to link
payment of the aid to the milk-protein content of the skimmedmilk or skimmed-milk powder used;
(3)it is necessary to ensure that the skimmed milk and skimmed-milk powder for which aid is granted are in fact used as feed.To that end, aid should be granted only for skimmed milk and
skimmed-milk powder processed into compound feedingstuffs
or denatured in accordance with certain requirements. It is alsonecessary to prevent aid being paid more than once for thesame product;
(4)Commission Regulation (EC) No 1043/97(11) derogates from
some of the monitoring provisions in Regulation (EEC) No1725/79. The checks provided for in this Regulation should1999R2799 — EN — 17.12.2002 — 004.001 — 2
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 148, 28.6.1968, p. 13.
(3) OJ L 206, 16.8.1996, p. 21.
(4) OJ L 169, 18.7.1968, p. 4.
(5) OJ L 174, 26.7.1995, p. 27.
(6) OJ L 199, 7.8.1979, p. 1.
(7) OJ L 17, 23.1.1996, p. 3.
(8) OJ L 320, 22.11.1991, p. 16.
(9) OJ L 16, 21.1.1999, p. 19.
(10) OJ L 158, 18.6.1985, p. 7.
(11) OJ L 152, 11.6.1997, p. 6.
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take that derogation into account and Regulation (EC) No 1043/
97 should be repealed;
(5)aid should be granted only if the compound feedingstuffs meet
certain minimum standards as regards composition customarily
observed in the industry and if they have reached the final stageof industrial manufacture. For inspection purposes, the productsshould be packaged in a way that enables them to be identified.Member States should be allowed to specify how the aboverequirements are to be satisfied;
(6)special packing is not necessary for compound feedingstuffswhich have had lucerne meal added to them. Furthermore, sucha requirement would not be appropriate in cases of transportationby tanker or container as practised by certain users. That methodof transport should therefore be subject to special inspectionarrangements and aid should be paid only after inspection;
(7)the final use of cut-price skimmed milk and skimmed-milkpowder can be monitored only if the undertakings benefitingfrom aid offer adequate guarantees. Processing undertakingsshould be approved by the competent agency of the MemberState concerned and have an accounting system adapted to therequirements of the aid arrangements;
(8)as regards the reference methods applicable to the analysesprovided for in this aid scheme, reference should be made tothe list published each year under Commission Regulation (EC)No 2721/95 of 24 November 1995 establishing rules for theapplication of reference and routine methods for the analysisand quality evaluation of milk and milk products under the
common market organisation(
1). However, since no reference
methods have been laid down for determining the quantity ofskimmed-milk powder in compound feedingstuffs, the presenceof rennet whey powder in skimmed-milk powder or the qualityof starch in skimmed-milk powder, the appropriate methods
should be laid down in this Regulation;
(9)a standing invitation to tender should be organised for the sale of
skimmed-milk powder from public stocks, in order to ensureequality of access for all potential purchasers, to arrive at aselling price reflecting market conditions and to verify the actualend use of skimmed-milk powder intended for use in the manu-
facture of compound feedingstuffs. The prices offered can differ
considerably according, in particular, to the age of the powderoffered for sale and its location. It should therefore be possibleto fix differentiated minimum prices;
(10)this Regulation should set the time limit for entry into storagefor the purposes of sale. Commission Regulation (EEC) No
3536/91 of 2 December 1991 setting the latest time of entry
into storage for skimmed-milk powder sold under Regulation(EEC) No 3398/91(
2), as last amended by Regulation (EC) No
2508/1999(3), should therefore be repealed;
(11)the arrangements laid down in Commission Regulation (EEC)No 1105/68 of 27 July 1968 on detailed rules for granting aid
for skimmed milk for use as feed(
4), as last amended by Regula-
tion (EEC) No 1802/95, have proved difficult to implement andchecks on beneficiaries are problematic. Moreover, the quantitiesof skimmed milk benefiting from this measure have fallensharply in recent years, so that the scheme now has only amarginal impact on the balance on the market in milk products.
In addition, the market in skimmed milk will continue to be
supported by the aid granted when skimmed milk is incorporatedinto compound feedingstuffs. The aid measure provided for in1999R2799 — EN — 17.12.2002 — 004.001 — 3
(1) OJ L 283, 25.11.1995, p. 7.
(2) OJ L 335, 6.12.1991, p. 8.
(3) OJ L 304, 27.11.1999, p. 21.
(4) OJ L 184, 29.6.1968, p. 24.
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Regulation (EEC) No 1105/68 should therefore be abolished and
the said Regulation repealed;
(12)the Management Committee for Milk and Milk Products has notdelivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERALPROVISIONS
Article 1
This Regulation lays down detailed rules for applying Regulation (EC)
No 1255/1999 as regards:
(a) the grant of aid for skimmed milk, skimmed-milk powder, butter-
milk and buttermilk powder intended for use as animal feed underArticle 11 of that Regulation;
(b) the sale of skimmed-milk powder intended for use as animal feed
under Article 7(4) of that Regulation.
Article 2
For the purposes of this Regulation:
(a) ‘Milk’ means the product obtained from milking one or more cows,
to which nothing has been added and which has at most been only
partially skimmed;
(b) ‘Skimmed milk’ means milk with a fat content of no more than 1 %
and a protein content of not less than 31,4 % of the non-fatty dryextract;
(c) ‘Skimmed-milk powder’ means the product obtained by removing
the water from milk, with a maximum fat content of 11 %, amaximum moisture content of 5 % and a protein content of notless than 31,4 % of the non-fatty dry extract;
(d) ‘Buttermilk’ means the by-product of butter manufacture obtained
after churning the cream and separating the solid fat, with a
maximum fat content of 1 % and a protein content of not less
than 31,4 % of the non-fatty dry extract;
(e) ‘Buttermilk powder’ means the product obtained by removing the
water from buttermilk, with a maximum fat content of 11 %, amaximum moisture content of 5 % and a protein content of notless than 31,4 % of the non-fatty dry extract.
Article 3
For the purposes of applying this Regulation, buttermilk and buttermilk
powder shall be treated as skimmed milk and skimmed-milk powder,respectively.
Article 4
‘Mixtures intended for the manufacture of compound feedingstuffs’
(hereinafter called ‘mixtures’) means products containing the followingingredients:
(a) skimmed-milk powder and, as the case may be;
(b) fat;
(c) vitamins;
(d) minerals;
(e) sucrose;
(f) anti-caking agents and/or free-flowing agents (maximum 0,3 %);1999R2799 — EN — 17.12.2002 — 004.001 — 4
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(g) other liposoluble technical agents, including anti-oxidants and
emulsifiers.
Article 5
1. ‘Compound feedingstuffs’ means products:
(a) which contain, per 100 kilograms of finished product,
(i) not less than 50 kilograms and not more than 80 kilograms of
skimmed-milk powder,
and
(ii) not less than 5 kilograms of non-butter fats and at least 2 kilo-
grams of starch or puffed starch,
or
(iii) not less than 2,5 kilograms of non-butter fats and at least 2
kilograms of starch or puffed starch in cases where 5 kilo-grams of lucerne meal or grass meal containing at least 50 %(m/m) of particles not exceeding 300 microns are incorporated
per 100 kilograms of skimmed-milk powder. The particles not
exceeding 300 microns must be uniformly distributed in themixture;
(b) which can be used directly as feed and which will not be processed
or mixed before they reach the end user.
2. Where it is established that the manufactured product contains a
quantity of skimmed-milk powder exceeding the maximum quantity of
80 kilograms referred to in paragraph 1 (a)(i) but not exceeding 81kilograms, the aid may nevertheless be granted on the basis of askimmed-milk powder content of 80 kilograms.
Where the manufactured product does not contain the minimum quan-
tity of 50 kilograms of skimmed-milk powder referred to in paragraph
1 (a)(i), aid minus 15 % shall be granted for the skimmed-milk powder
actually incorporated provided that the skimmed-milk powder contentis equal to at least 45 kilograms per 100 kilograms of finished product.
Article 6
1. ‘Denatured skimmed-milk powder’ means products manufactured
in accordance with one of the following formulae:
(a) Formula A: 100 kilograms of skimmed-milk powder, plus:
(i) at least 9 kilograms of lucerne meal or grass meal containing at
least 50 % (m/m) of particles not exceeding 300 microns,
and
(ii) at least 2 kilograms of starch or puffed (pregelatinised) starch;
(b) Formula B: 100 kilograms of skimmed-milk powder, plus:
(i) at least 5 kilograms of lucerne meal or grass meal containing
at least 50 % (m/m) of particles not exceeding 300 microns,
and
(ii) at least 12 kilograms of fish meal, non-deodorised or with a
strong smell, containing at least 30 % (m/m) of particles not
exceeding 300 microns,
and
(iii) at least 2 kilograms of starch or puffed (pregelatinised) starch.
The particle sizes which, according to BS standard 410-1976, are the
closest to the maximum sizes laid down for the particles of the product
concerned, without being smaller than them, shall be regarded as
equivalent thereto.
2. The substances added to the skimmed-milk powder must be
uniformly distributed in the mixture.
Skimmed-milk powder may not be put through any process, either
before or after denaturing, that will weaken or neutralise the effects ofthe denaturing, in particular by using deodorising agents, changing thetaste and smell by eliminating the components responsible for gustatory1999R2799 — EN — 17.12.2002 — 004.001 — 5
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and/or olfactory perception, or adding ingredients giving a taste and
smell that mask those of the fish meal.
CHAPTER II
AIDFORSKIMMED-MILKPOWDER
Section 1
Amountofaidandimplementingconditions
Article 7
1. Aid is hereby fixed at:
(a) EUR 4,93 per 100 kg of skimmed milk with a protein content of
not less than 35,6 % of the non-fatty dry extract;
(b) EUR 4,35 per 100 kg of skimmed milk with a protein content of
not less than 31,4 % but less than 35,6 % of the non-fatty dry
extract;
(c) EUR 61,00 per 100 kg of skimmed-milk powder with a protein
content of not less than 35,6 % of the non-fatty dry extract;
(d) EUR 53,80 per 100 kg of skimmed-milk powder with a protein
content of not less than 31,4 % but less than 35,6 % of the non-fatty dry extract.
2. In the case of skimmed-milk powder with a moisture content
exceeding 5 %, the aid shall be reduced by 1 % for each additional0,2 % of moisture.
Article 8
To qualify for aid, skimmed-milk powder must meet at least the
following conditions:
(a) it must be used in an undertaking approved in accordance with
Article 9:
(i) either unaltered or incorporated in a mixture,
or
(ii) unaltered for the manufacture of denatured skimmed-milk
powder;
(b) it may not have benefited from aid or a reduction in price under
other Community measures.
Article 9
1. Undertakings producing mixtures, compound feedingstuffs or
denatured skimmed-milk powder must have been approved for thatpurpose by the competent agency of the Member State on whose terri-
tory production takes place.
2. Approval shall be granted to undertakings which:
(a) have suitable technical equipment and administrative and
accounting methods which make it possible to comply with boththis Regulation and the additional requirements laid down by theMember State;
(b) submit to an inspection by the competent agency.
3. Except in cases of force majeure , where it is found that an under-
taking no longer meets the conditions laid down in paragraph 2 or hasfailed to comply with another obligation under this Regulation,approval shall be suspended for a period of one to twelve months,
depending on the seriousness of the irregularity.
If, at the end of that period, the conditions laid down in paragraph 2
are not met, approval shall be withdrawn. Approval may be reinstated1999R2799 — EN — 17.12.2002 — 004.001 — 6
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after no less than six months, at the request of the undertaking
concerned, following an in-depth inspection.
Member States may decide not to impose such a suspension if it is
established that the irregularity was not committed deliberately or
through serious negligence and that its consequences are marginal.
Article 10
1. Packages containing mixtures must show the following informa-
tion:
(a) one or more of the statements listed in Annex II.A;
(b) an indication of the skimmed-milk powder content, the added
mineral and sucrose content and the fat content, including liposo-
luble technical agents;
(c) an indication identifying the undertaking by reference to its
approval number.
2. Without prejudice to Article 11 and Council Directive 79/373/
EEC(1), compound feedingstuffs shall be packed in sacks or other
closed or sealed containers containing not more than 50 kilogramsshowing the following information:
(a) one or more of the statements listed in Annex II.B;
(b) an indication identifying the undertaking by reference to its
approval number;
(c) the skimmed-milk powder content;
(d) the manufacturing batch number;
(e) the date of manufacture, if this is not indicated in the manufac-
turing batch number.
The above information must be clearly legible and indelibly marked on
the package or container or on a label affixed thereto.
3. The Member States may lay down detailed rules for marking the
packages as prescribed in paragraph 2, as well as any additional infor-
mation which may be given on the packaging or container or on alabel. They shall inform the Commission of any measures which theytake to that end.
Article 11
Article 10(2) shall not apply to compound feedingstuffs:
(a) containing lucerne meal or grass meal under the conditions laid
down in Article 5(1)(a)(iii);
(b) delivered by tanker or container to a farm or a breeding or
fattening concern which uses these compound feedingstuffs on theconditions laid down in Articles 12 and 13.
Article 12
Undertakings receiving the aid shall, on application, be authorised to
deliver compound feedingstuffs by tanker or container. Such authorisa-tion shall be granted by the competent authority of the Member Stateon whose territory the undertaking is established.
Delivery shall take place under administrative supervision to ensure, in
particular, that it is made to a farm or breeding or fattening concern
which uses feedingstuffs.
Article 13
1. When delivery by tanker or container takes place in a Member
State other than the producer Member State, proof of delivery underadministrative supervision as referred to in Article 12 shall be furn-1999R2799 — EN — 17.12.2002 — 004.001 — 7
(1) OJ L 86, 6.4.1979, p. 30.
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ished by production of the control copy referred to in Articles 471 to
495 of Commission Regulation (EEC) No 2454/93(1).
2. Section 104 of the control copy must contain one or more of the
statements listed in Annex II.C.
3. The importing Member State shall check that the consignee
complies with the conditions set out in the second paragraph of Article12.
Section 2
Inspectionmeasures
Article 14
1. Undertakings producing compound feedingstuffs may receive aid
only if they keeprecords, based on their accounts, corresp onding to thepayment schedule fixed by the Member State and including at least the
following information:
(a) the quantities of milk products purchased or manufactured, and the
date of delivery or production;
(b) the date of delivery and quantities of skimmed milk and skimmed-
milk powder manufactured or received unaltered or in a mixtureused to manufacture compound feedingstuffs, together with thename and address of the supplier and the milk-protein content ofthe products;
(c) the date of manufacture of compound feedingstuffs and the quanti-
ties manufactured, with particulars of their composition and thepercentage of each ingredient, and in particular the quantities ofcasein and/or caseinates added unaltered or in a mixture;
(d) the date of sale of skimmed milk, skimmed-milk powder and
compound feedingstuffs and the quantity sold, together with thename and address of the consignee;
(e) losses, samples, returns and exchanges of skimmed milk, skimmed-
milk powder and compound feedingstuffs.
2. The information listed in paragraph 1 shall be supported by
delivery vouchers and invoices.
3. Member States may require undertakings to keepsp ecific stock
accounts showing, in particular, any additional information they deemnecessary to facilitate application of this Regulation.
Article 15
In order to ensure compliance with this chapter, the Member States
shall carry out, in particular, the inspections provided for in Articles16 to 18.
The agency responsible for inspection shall record the results of the
inspections in reports containing, in particular, the information
provided for in Annex I to this Regulation.
Article 16
1. Subject to paragraph 2, as regards compliance with the protein,
moisture and fat content of the skimmed milk or skimmed-milk powderincorporated, the inspection shall be made before, or at the latest at thetime of, their use, whether unaltered or in the form of a mixture, in the
manufacture of compound feedingstuffs or their use unaltered in the
manufacture of denatured skimmed-milk powder.
2. Where the skimmed-milk powder used, whether unaltered or in a
mixture, comes directly from the factory premises in which it isproduced, the inspection referred to in paragraph 1 may be made before1999R2799 — EN — 17.12.2002 — 004.001 — 8
(1) OJ L 253, 11.10.1993, p. 1.
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the powder leaves the said factory premises. In that case, the following
rules shall apply:
(a) the inspecting agency concerned shall take all necessary action to
ensure that the quantity of skimmed-milk powder checked is actu-ally used in the manufacture of compound feedingstuffs ordenatured skimmed-milk powder;
(b) the sacks, packaging and containers in which the skimmed-milk
powder is put up shall bear the relevant information identifying
the powder and the factory premises and shall show the date ofmanufacture, the net weight and the protein, moisture and fatcontent of the powder;
(c) the inspection records drawn up by the inspecting agency must:
(i) identify the skimmed-milk powder and state, in particular, the
quantity of powder, its protein, moisture and fat content andthe date of manufacture,
(ii) accompany the skimmed-milk powder until it is incorporated
into compound feedingstuffs,
(iii) be annexed to the records referred to in Article 14(1).
Article 17
1. The arrangements for inspecting the use of skimmed milk and
skimmed-milk powder, whether unaltered or in a mixture, in the manu-
facture of compound feedingstuffs, shall be determined by the MemberState concerned and must fulfil at least the conditions set out in para-graphs 2 to 5.
2. Inspection of the undertakings concerned shall cover, in parti-
cular:
(a) the composition of the skimmed milk and skimmed-milk powder
used unaltered;
(b) the composition of mixtures used;
(c) the composition of the compound feedingstuffs manufactured.
3. Inspection of undertakings shall take place on the premises and
shall relate in particular to the manufacturing conditions as establishedby:
(a) inspecting the raw materials used;
(b) checking incoming and outgoing products;
(c) sampling;
(d) checking the records referred to in Article 14(1).
4. Inspections shall be unannounced and shall be made at least once
in every 14 days of manufacture. Their frequency shall be determinedon the basis of the quantities of skimmed-milk powder used by theundertaking and the frequency with which its accounts are scrutinisedunder paragraph 5.
Undertakings not constantly using skimmed milk or skimmed-milk
powder shall forward their manufacturing programme to the inspectingagency of the Member State concerned so that the latter may arrangethe corresponding inspections.
The above inspection frequency shall not apply in cases where the
manufacture of compound feedingstuffs is the subject of continuousinspection on the premises.
5. The inspections referred to in paragraph 4 shall be supplemented
by thorough and unannounced scrutiny of commercial documents andof the records referred to in Article 14(1).
Such scrutiny shall be carried out at least once every 12 months. Where
it is carried out at least once every three months, the frequency of theinspections referred to in paragraph 3 may be reduced from at leastonce in every 14 days to at least once in every 28 days of manufacture.1999R2799 — EN — 17.12.2002 — 004.001 — 9
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Article 18
1. The manufacture of denatured skimmed-milk powder shall be
inspected on the premises at least once a day during the denaturingoperation.
2. Undertakings manufacturing denatured skimmed-milk powder
shall notify the competent agency, before manufacture, by letter or byany other means of written telecommunication, of:
(a) the factory's approval number;
(b) the quantity of skimmed-milk powder to be denatured;
(c) the place where denaturing will take place;
(d) the planned dates when denaturing will take place.
The competent agency shall fix the deadline for notifying manufac-
turing dates and may request additional information.
Article 19
Subject to Article 20, the reference methods to be used for the analyses
provided for by this Regulation shall be those in the list drawn up
pursuant to Article 2 of Commission Regulation (EC) No 2721/95.
Article 20
1. The skimmed-milk powder content of mixtures and compound
feedingstuffs shall be determined by testing each sample at least induplicate using the analysis method described in Annex XXII to Regu-
lation (EC) No 213/2001, supplemented by the checks provided for in
Article 17(3) of this Regulation. Should there be a discrepancy betweenthe results of these checks, the result of the on-the-spot inspection shallbe conclusive.
2. The absence of rennet whey shall be proven using the method
described in Annex XIX to Regulation (EC) No 213/2001.
3. The starch content of compound feedingstuffs shall be determined
by the checks provided for in Article 17(3) of this Regulation, whichmust be supplemented with the analysis method described in AnnexXXIII to Regulation (EC) No 213/2001.
4. The moisture content of acid buttermilk powder shall be deter-
mined using the analysis method described in Annex XXIV to
Regulation (EC) No 213/2001.
5. The grass meal or lucerne meal content, the starch content and
the fish-meal content of denatured skimmed-milk powder shall be
determined either by laboratory analysis or by the on-the-spot inspec-tion provided for in Article 18(1).
Article 21
In order to carry out the analytical tests provided for in this chapter,
Member States may, after obtaining the Commission's consent, set up
under their supervision a system of self checking for certain approvedundertakings.
Section 3
Paymentofaid
Article 22
1. The amount of aid shall be that applicable either on the day on
which the skimmed milk or skimmed-milk powder is processed intocompound feedingstuffs or on the day on which the skimmed-milkpowder is denatured, as the case may be.1999R2799 — EN — 17.12.2002 — 004.001 — 10
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2. The aid shall be paid by the competent authority designated by
the Member State in whose territory the manufacturer using theskimmed milk or skimmed-milk powder either to manufacture
compound feedingstuffs or for denaturing, as the case may be, is situ-
ated.
3. The aid shall be paid on the basis of applications submitted by
manufacturers of compound feedingstuffs or denatured skimmed-milk
powder (hereinafter called ‘beneficiaries’) to the competent authority,indicating:
(a) the name and address of the beneficiary;
(b) the quantity of skimmed milk or skimmed-milk powder for which
aid is requested, indicating the protein content;
(c) where applicable, the quantity of compound feedingstuffs into
which the skimmed milk or skimmed-milk powder referred to at
(b) is incorporated, indicating any relevant manufacturing batchnumbers.
4. The aid shall be paid at intervals to be fixed by the Member
State, but the period covered by the payment application may not
exceed one month.
Article 23
1. Payment of the aid shall be subject to the conditions set out in
paragraphs 2 to 4.
2. The results of the analyses provided for in this chapter and the
checks referred to in Article 15 relating to the payment period immedi-
ately prior to that for which the aid is requested must show that the
provisions of this chapter have been complied with.
3. Beneficiaries must show to the satisfaction of the competent
authority that the corresponding quantity of skimmed milk or
skimmed-milk powder has been processed into compound feedingstuffs
or denatured during the period covered by the aid application.
4. In cases covered by Article 12, beneficiaries shall supply
supporting documents establishing to the satisfaction of the competent
authority that the compound feedingstuffs have actually been deliveredby tanker or container to a farm or breeding or fattening concern whichuses such feedingstuffs.
Article 24
1. Without prejudice to Article 25, if the results of the analyses
provided for in this chapter and the checks referred to in Article 15show that the applicant has not complied with this chapter during theprevious payment period, payment of the aid for the period covered
by the current application shall be suspended pending the results of
the checks made during the period in question. In addition, any aidunduly paid for the previous period concerned shall be recovered.
2. The amount of aid unduly paid out shall be that paid for all the
skimmed milk or skimmed-milk powder used during the period
between the date of the last inspection giving rise to no observationsand the date of the inspection indicating that the beneficiary is againcomplying with this Regulation.
However, if the beneficiary so requests, the authority responsible for
inspections shall carry out a special enquiry as soon as possible, at theformer's expense. If the quantity is shown to be less than that referredto in the first subparagraph, the amount to be recovered shall beadjusted accordingly.1999R2799 — EN — 17.12.2002 — 004.001 — 11
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Article 25
Where the condition laid down in Article 23(3) is met, Member States
shall be authorised to pay an advance, within the meaning of Article 18
of Commission Regulation (EEC) No 2220/85(1), for an amount equal
to the amount of aid applied for, subject to the lodging of a securityequal to 110 % of the amount of the advance.
In this case, the supporting documents proving entitlement to the aid
shall be supplied within six months following payment of the advance.
CHAPTER III
SALESOFSKIMMED-MILKPOWDERFROMPUBLICSTORAGE
Section 1
Organisationofandparticipationintenderingprocedures
Article 26
1. Skimmed-milk powder shall be sold by means of a standing invi-
tation to tender organised by each intervention agency.
2. Sales shall concern skimmed-milk powder taken into storage
before►M51 May 2002 ◄.
3. A standing invitation to tender shall be published in the Official
Journal of the European Communities at least eight days before the
first closing date laid down for the submission of tenders.
4. The intervention agencies shall draw upa notice of invitation to
tender indicating in particular the closing date and address for submis-sion of tenders.
They shall also indicate, for the skimmed-milk powder they hold:
(a) the locations of the warehouses where the powder to be sold is in
store,
(b) the quantity for sale in each warehouse.
5. Intervention agencies shall keepan up -to-date list of the informa-
tion referred to in paragraph 4, which they shall make available to
interested parties on request. They shall also publish regular updates
of the list in an appropriate form, to be indicated in the notice of invi-tation to tender.
6. Intervention agencies shall make the necessary arrangements to
enable interested parties:
(a) to examine samples of the skimmed-milk powder put up for sale at
their own expense before submitting a tender;
(b) to verify the results of the analyses referred to in Article 3 of
Commission Regulation (EC) No 322/96(
2).
Article 27
1. Intervention agencies shall organise individual tendering rounds
during the term of validity of the standing invitation to tender.
2. The closing date for submission of tenders for each individual
round shall be 12 noon (Brussels time) on the second and fourthTuesday of the month, except for the second Tuesday of August and
the fourth Tuesday of December. If Tuesday is a public holiday the
time limit shall be 12 noon (Brussels time) on the previous workingday.1999R2799 — EN — 17.12.2002 — 004.001 — 12
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 45, 23.2.1996, p. 5.
▼B
Article 28
1. The skimmed-milk powder sold under this chapter shall qualify
for the aid provided for in Article 1(a).
2. Tenders under each individual round shall be submitted by regis-
tered letter or delivered by hand to the intervention agency againstacknowledgement of receipt, or by any other means of written telecom-
munication.
Tenders shall be submitted to the intervention agency holding the
skimmed-milk powder for which an offer is made.
3. Tenders shall state:
(a) the name and address of the tenderer;
(b) the quantity desired;
(c) the price in euro tendered per 100 kilograms, not including national
taxes and charges, ex-warehouse;
(d) the Member State in which processing into compound feedingstuffs
or denaturing is to take place;
(e) if appropriate, the warehouse where the skimmed-milk powder is
held and, if desired, a substitute warehouse.
4. Tenders shall not be valid unless:
(a) they relate to at least 10 tonnes; however, if the quantity available
in a warehouse is less than 10 tonnes, the minimum quantity forwhich an offer may be made shall be the actual amount available;
(b) they are accompanied by the tenderer's written undertaking to
comply with the following requirements:
(i) to process the skimmed-milk powder or have it processed into
compound feedingstuffs or denatured skimmed-milk powderwithin 60 days of the closing date for the submission of tendersin response to each individual tendering round as specified in
Article 27(2);
(ii) to comply with this Regulation or ensure that it is complied
with.
(c) proof is provided that the tenderer has lodged a tendering security
of EUR 36 per tonne, in the Member State where the tender issubmitted, for the tendering round in question before the closingdate for submission of tenders.
5. Tenders may not be withdrawn after the closing date provided for
in Article 27(2).
Article 29
For the purposes of the tendering security provided for in Article
28(4)(c), the primary requirements within the meaning of Article 20of Regulation (EEC) No 2220/85 shall be that tenders are maintained
after the closing date for submission of tenders, that the processing
security referred to in Article 30(3) is lodged and that the price is paid.
Section 2
Implementationofthetenderingprocedure
Article 30
1. On the closing date referred to in Article 27(2), the Member
States shall inform the Commission of the quantities and prices offeredby tenderers and the quantity of skimmed-milk powder offered for sale.
2. The Commission shall fix a minimum selling price for the
skimmed-milk powder on the basis of the tenders received under eachround and in accordance with the procedure laid down in Article 42 ofRegulation (EEC) No 1255/1999. This price may vary according to theage and location of the quantities of skimmed-milk powder offered forsale.1999R2799 — EN — 17.12.2002 — 004.001 — 13
▼B
It may be decided to make no award under the round.
3. The Commission shall fix the amount of the processing security
per 100 kilograms of skimmed-milk powder at the same time as the
minimum selling price and in accordance with the same procedure.
The purpose of the processing security shall be to ensure fulfilment of
the primary requirement, within the meaning of Article 20 of Regula-tion (EEC) No 2220/85, that the skimmed-milk powder be used inaccordance with the undertaking provided for in Article 28(4)(b). Thissecurity shall be lodged in the Member State in which processing intocompound feedingstuffs or denaturing is to take place, with the body
designated by that Member State.
Article 31
Tenders shall be rejected if the price offered is lower than the
minimum price.
Article 32
1. The intervention agency shall make the award in accordance with
the rules laid down in paragraphs 2 to 5.
2. The skimmed-milk powder shall be allocated on the basis of its
date of entry into storage, starting with the oldest product of the totalquantity available in the warehouse(s) designated by the tenderer.
3. Without prejudice to Article 31, the successful tenderer shall be
the tenderer offering the highest price. If the full quantity available isnot allocated, the remainder shall be awarded to the other tenderers on
the basis of the prices tendered, starting with the highest price.
4. Where acceptance of a tender would result in contracts being
awarded in excess of the quantity of skimmed-milk powder availablein a particular warehouse, only the quantity available shall be awardedto the tenderer in question.
However, the intervention agency may designate other warehouses to
make upthe quantity set out in the tender, p rovided the tenderer
agrees.
5. Where acceptance of two or more tenders offering the same price
for skimmed-milk powder in a particular warehouse would lead tocontracts being awarded in excess of the quantity available, the awardshall be made by allocating the quantity available in proportion to thequantities tendered for.
However, should such allocation lead to the award of quantities of less
than five tonnes, the award shall be made by drawing lots.
Article 33
Rights and obligations arising in connection with the invitation to
tender shall not be transferable.
Article 34
1. The intervention agency shall immediately inform tenderers of the
outcome of their participation in the invitation to tender.
Securities as referred to in Article 29 lodged for unsuccessful tenders
shall be released immediately.
2. Before removing the skimmed-milk powder and within the period
specified in Article 35(2), successful tenderers shall pay the interven-tion agency the amount corresponding to their tender for each quantitythat they wish to withdraw and shall lodge the processing tenderprovided for in Article 30(3).
Article 35
1. Once the amount referred to in Article 34(2) has been paid and
the security provided for in Article 30(3) has been lodged, the interven-1999R2799 — EN — 17.12.2002 — 004.001 — 14
▼B
tion agency shall release the tendering security referred to in Article 29
and issue a removal order indicating:
(a) the quantity in respect of which the abovementioned requirements
have been met;
(b) the warehouse in which the skimmed-milk powder is in store;
(c) the final date for removal of the skimmed-milk powder;
(d) the final date for processing into compound feedingstuffs or dena-
turing.
2. Successful tenderers shall remove the skimmed-milk powder
awarded to them within 30 days of the closing date for the submissionof tenders. Removal may be effected by instalments.
Except in cases of force majeure , if the skimmed-milk powder has not
been removed within the period laid down in the first subparagraph, the
cost of storing it shall be borne by the successful tenderer, at his own
risk, from the day following that on which the period expired.
3. The skimmed-milk powder shall be handed over by the interven-
tion agency in packages bearing a reference to this Regulation inclearly visible and legible characters.
At the request of the interested party, the intervention agency shall
issue a copy of the certificate indicating the composition of the
products purchased, as provided for in Article 3 of Regulation (EC)
No 322/96.
4. In addition to the information provided for in Commission Regu-
lation (EEC) No 3002/92(
1), Section 104 of the T5 control copy must
contain one or more of the statements listed in Annex II.D. Section 106must show the final date for processing into compound feedingstuffs or
denaturing.
CHAPTER IV
TRANSITIONALANDFINALPROVISIONS
Article 36
Regulations (EEC) No 1105/68, (EEC) No 1725/79, (EEC) No 1634/
85, (EEC) No 3398/91, (EEC) No 3536/91 and (EC) No 1043/97 arehereby repealed.
References to Regulations (EEC) No 1725/79 and (EEC) No 3398/91
shall be construed as references to this Regulation.
Article 37
Pre-printed packages as referred to in Article 4(2) and (4) of Regula-
tion (EEC) No 1725/79 may continue to be used until 30 June 2000.
Approval granted under Article 4(5) and Article 8(2) of Regulation
(EEC) No 1725/79 shall remain valid for the purposes of applying
this Regulation.
Regulation (EEC) No 1725/79 shall continue to apply to quantities of
skimmed-milk powder awarded under Regulation (EEC) No 3398/91.
Article 38
This Regulation shall enter into force on 1 January 2000.It shall apply only to quantities of skimmed milk and skimmed-milk
powder processed into compound feedingstuffs or denatured skimmed-milk powder from that date.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1999R2799 — EN — 17.12.2002 — 004.001 — 15
(1) OJ L 301, 17.10.1992, p. 17.
▼B
ANNEX I
ANALYTICALTESTS
The provisions adopted in accordance with Council Directive 70/373/EEC of 20
July 1970 on the introduction of Community methods of sampling and analysis
for the official control of feedingstuffs (OJ L 170, 3.8.1970, p. 21) shall apply to
sampling under this Regulation.
A.Unalteredskimmed-milkpowder
1. Determination of:
(a) moisture content
(b) protein content
(c) fat content.
2. Detection of other products in accordance with the arrangements laid
down by the national authorities:
(a) starch and puffed starch
(b) grass meal or lucerne meal
(c) rennet whey
(d) fish meal
(e) other substances, in particular acid whey, which the national authori-
ties require to be detected.
B.Skimmed-milkpowderincorporatedinamixture
Tests in addition to those referred to at A.
Determination of:
(a) skimmed-milk powder content
(b) fat content, including liposoluble technical agents.
C.Denaturedskimmed-milkpowder
Tests in addition to those referred to at A.1. Where the powder is denatured using formula A:
Determination of:
(a) grass meal or lucerne meal content
(b) starch content.Measurement of the particle size of grass meal or lucerne meal.
2. Where the powder is denatured using formula B:
Determination of:
(a) grass meal or lucerne meal content
(b) starch content
(c) fish meal content.
Measurement of the particle sizes of:
(a) grass meal or lucerne meal
(b) fish meal.
Smell may be tested by adding an inert powder before denaturing (dilu-
tion 1:20) or after denaturing (dilution 1:2). A characteristic, strong smell
must still be detectable.
D.Compoundfeedingstuffs
Determination of:
(a) skimmed-milk powder content
(b) grass meal or lucerne meal content
(c) fat content.
Detection of starch.1999R2799 — EN — 17.12.2002 — 004.001 — 16
▼B
Measurement of the particle size of grass meal or lucerne meal (checked
before incorporation).1999R2799 — EN — 17.12.2002 — 004.001 — 17
▼B
ANNEX II
A.Informationtobeshownonpackagingofmixtures
— Mezcla destinada a la fabricación de piensos compuestos — Reglamento
(CE) no2799/1999
— Blanding bestemt til fremstilling af foderblandinger — Forordning (EF)
nr. 2799/1999
— Mischung zur Herstellung von Mischfutter — Verordnung (EG) Nr.
2799/1999
—Μείγµα που προορίζεται για την παρασκευή συνθέτων ζωοτροφών
—Κανονισµός (ΕΚ) αριθ. 2799 /1999
— Mixture intended for the manufacture of compound feedingstuffs —
Regulation (EC) No 2799/1999
— Mélange destiné à la fabrication d'aliments composés — Règlement (CE)
no2799/1999
— Miscela destinata alla fabbricazione di alimenti composti — Regola-
mento (CE) n. 2799/1999
— Voor de vervaardiging van mengvoeders bestemd mengsel — Veror-
dening (EG) nr. 2799/1999
— Mistura destinada ao fabrico de alimentos compostos — Regulamento
(CE) no2799/1999
— Rehuseosten valmistukseen tarkoitettu esiseos — asetus (EY) N:o 2799/
1999
— Blandning avsedd för framställning av foderblandningar — Förordning
(EG) nr 2799/1999
B.Informationtobeshownonpackagingofcompoundfeedingstuffs
— Pienso compuesto que contiene leche desnatada en polvo — Reglamento
(CE) no2799/1999
— Foderblanding med indhold af skummetmælkspulver — Forordning (EF)
nr. 2799/1999
— Magermilchpulver enthaltendes Mischfutter — Verordnung (EG) Nr.
2799/1999
—Σύνθετη ζωοτροφή που περιέχει αποκορυφωµένο γάλα σε σκόνη
—Κανονισµός (ΕΚ) αριθ. 2799 /1999
— Compound feedingstuff containing skimmed-milk powder — Regulation
(EC) No 2799/1999
— Aliment composé pour animaux contenant du lait écrémé en poudre —
Règlement (CE) no2799/1999
— Alimento composto per animali contenente latte scremato in polvere —
Regolamento (CE) n. 2799/1999
— Mageremelkpoeder bevattend mengvoeder — Verordening (EG) nr.
2799/1999
— Alimento composto para animais com leite em pó desnatado — Regula-
mento (CE) no2799/1999
— Rasvatonta maitojauhetta sisaltavä rehuseos — asetus (EY) N:o 2799/
1999
— Foderblandning innehållande skummjölkspulver — Förordning (EG) nr
2799/1999
C.SpecificinformationtobeenteredinSection104oftheT5controlcopy
iftheproductisdeliveredbytankerorcontainer
— Piensos compuestos destinados a una explotación agraria o una explota-
ción pecuaria o de engorde que utilice los piensos compuestos —
Reglamento (CE) no2799/1999
— Foderblanding til brug på en landbrugsbedrift, en opdrætnings- eller en
opfedningsvirksomhed — Forordning (EF) nr. 2799/1999
— Für landwirtschaftliche Betriebe bzw. Aufzucht- oder Mastbetriebe
bestimmtes Mischfutter — Verordnung (EG) Nr. 2799/1999
—Σύνθετες ζωοτροφές που θα χρησιµοποιηθούν από γεωργική
εκµετάλλευση ή κτηνοτροφική εκµετάλλευση ή εκµετάλλευση
παχύνσεως —Κανονισµός (ΕΚ) αριθ. 2799 /1999
— Compound feedingstuffs bound for a farm or breeding or fattening
concern which uses feedingstuffs — Regulation (EC) No 2799/1999
— Aliments composés pour animaux destinés à une exploitation agricole ou
à une exploitation d'élevage ou d'engraissement utilisatrice — Règlement
(CE) no2799/19991999R2799 — EN — 17.12.2002 — 004.001 — 18
▼B
— Alimenti composti per animali destinati ad un'azienda agricola o ad
un'azienda dedita all'allevamento o all'ingrasso che utilizzano gli alimenti
composti — Regolamento (CE) n. 2799/1999
— Mengvoeder, bestemd voor een dit voeder gebruikend landbouwbedrijf
of veeteelt- of veemesterijbedrijf — Verordening (EG) nr. 2799/1999
— Alimentos compostos para animais destinados a uma exploração agrícola,
pecuária ou de engorda utilizadora — Regulamento (CE) no2799/1999
— Maatilalle, jalostuskarjatilalle tai lihakarjatilalle tarkoitettu rehuseos —
asetus (EY) N:o 2799/1999
— Foderblandningar avsedda att användas i ett jordbruksföretag, eller för
uppfödning eller gödning — Förordning (EG) nr 2799/1999
D.SpecificinformationtobeenteredinSection104oftheT5controlcopy
inthecaseofskimmed-milkpowdersoldfrompublicstorage
— Debe transformarse en piensos compuestos o desnaturalizarse — Regla-
mento (CE) no2799/1999
— Skal forarbejdes til foderblandinger eller denatureres — Forordning (EF)
nr. 2799/1999
— Zur Verarbeitung zu Mischfutter oder zur Denaturierung — Verordnung
(EG) Nr. 2799/1999
—Να µεταποιηθεί σε σύνθετες ζωοτροφές ή να µετουσιωθεί —
Κανονισµός (ΕΚ) αριθ. 2799 /1999
— To be processed into compound feedingstuffs or denatured — Regulation
(EC) No 2799/1999
— À transformer en aliments composés pour animaux ou à dénaturer —
Règlement (CE) no2799/1999
— Da trasformare in alimenti composti per animali o da denaturare —
Regolamento (CE) n. 2799/1999
— Moet tot mengvoeder worden verwerkt of worden gedenatureerd —
Verordening (EG) nr. 2799/1999
— Para transformação em alimentos compostos para animais ou desna-
turação — Regulamento (CE) no2799/1999
— Rehuseoksiksi jalostettavaksi tai denaturoitavaksi — asetus (EY) N:o
2799/1999
— För bearbetning till foderblandningar eller denaturering — Förordning
(EG) nr 2799/19991999R2799 — EN — 17.12.2002 — 004.001 — 19
▼M3