1999R1255 — EN — 26.06.1999 — 000.002 — 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)
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,
Having regard to the Treaty establishing the European Community, 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),
Having regard to the opinion of the Economic and Social Committee(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 attainthe objectives set out in Article33 of the Treaty; whereas, in themilk 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) No 3950/92 of28 December 1992 establishing an additional levy in the milk andmilk products sector(
6), an additional levy scheme for the market
of milk and milk products was introduced for the purpose ofreducing the imbalance between supply and demand on the milkand milk-product market and resulting structural surpluses;whereas this scheme will apply for eight new consecutive periodsof 12 months commencing on 1 April 2000;
(4)Whereas in order to stimulate the consumption of milk and milkproducts within the Community and to improve the competitive-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 1 July 2005;
(5)Whereas the implementation of an intervention system for buttershould maintain the competitive position of butter on the marketand provide for the most efficient possible storage; whereas thequality requirements to be observed in respect of butter constitutea 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 6 May 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) No 1256/1999 (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 isappropriate to subject its grant to butter produced from cream andmilk of Community origin and to maintain a reference to nationalquality grades as a condition of eligibility;
(7)Whereas in addition to intervention in respect of butter and freshcream, 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 milkpowder may be suspended when a certain quantity is reached andmay be replaced by buying-in under a tender procedure;
(8)Whereas to avoid distortion between operators selling into publicintervention and in the interest of the proper administration ofCommunity funds, a minimum requirement should be set for theprotein 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, provisionshould be made for complementary measures increasing the poss-ibility of disposing of milk products; whereas these measuresshould include the grant of private storage aid for certain types ofcheeses, on the one hand, and the grant of aids for the marketingof certain milk products with a view to specific uses and destina-tions;
(10)Whereas, in order to stimulate the consumption of milk by youngpeople, provision should be made for the Community to defray apart of the expenditure occasioned by granting aid for the supplyof milk to pupils in schools;
(11)Whereas, as a consequence of reduced market support in the milksector, income support measures for milk producers should beintroduced; whereas these measures should take the form of adairy premium the level of which should develop in parallel withthe 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)Whereas the conditions for milk production and the income situa-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 thediverse needs resulting therefrom; whereas, therefore, it is appro-priate to provide for a flexible framework of additionalCommunity payments to be determined and made by MemberStates within fixed global amounts and in accordance with certaincommon criteria; whereas the global amounts should be allocatedto the Member States on the basis of their total reference quantityfor milk; whereas the common criteria are intended, 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 isessential that Member States be obliged to use their discretionarypowers exclusively on the basis of objective criteria, to pay fullregard to the concept of equal treatment and to avoid market and
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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 forpermanent pasture which does not benefit from other Communitymarket support measures; whereas area payments should beapplied within the limits of regional base areas of permanentpasture which should be established by Member States accordingto historical reference data; whereas the maximum amount ofarea payment which may be granted per hectare, including addi-tional area payments under the common market organisation forbeef and veal, should be comparable with the average support perhectare under the support system for producers of certain arablecrops;
(15)Whereas, in order to achieve the desired economic impact, directpayments must be granted within certain time limits;
(16)Whereas, should the administration of bovine somatrophin todairy cows be prohibited under Community law, the Commissionshould establish penalties analogous to those foreseen in thecommon market organisation for beef and veal in the case of useof certain prohibited substances in beef production;
(17)Whereas the creation of a single Community market for milk andmilk products involves the introduction of a single trading systemat the external frontiers of the Community; whereas a tradingsystem including import duties and export refunds, in addition tothe intervention measures, should, in principle, stabilise theCommunity market; whereas the trading system should be basedon the undertakings accepted under the Uruguay Round of multi-lateral trade negotiations;
(18)Whereas, in order to monitor the volume of trade in milk andmilk products with third countries, provision should be made fora 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)Whereas in order to prevent or counteract adverse effects on theCommunity 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 L 336, 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 themonitoring of payments under the rules relating to the EuropeanAgricultural Guidance and Guarantee Fund; whereas monitoringcan be facilitated by the compulsory advance fixing of refunds,while allowing the possibility, in the case of differentiatedrefunds, of changing the specified destination within a geograph-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 forthe introduction of a reliable and effective system of monitoring;whereas, to that end, the granting of refunds should be madesubject to an export licence; whereas refunds should be grantedup to the limits available, depending on the particular situation ofeach product concerned; whereas exceptions to that rule shouldonly be permitted in the case of processed products not listed inAnnex II to the Treaty, to which volume limits do not apply, andin the case of food-aid operations, which are exempt from anylimit; whereas monitoring of the quantities exported with refundsduring the marketing years as referred to in the WTO Agreementon 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 dispensewith all other protective measures at the external frontiers of theCommunity; whereas, however, the internal market and dutymechanism could, in exceptional circumstances, prove defective;whereas, in such cases, so as not to leave the Community marketwithout defence against disturbances which may arise therefrom,the Community should be able to take all necessary measureswithout delay; whereas those measures should be in accordancewith the obligations derived from the relevant WTO agreements;
(27)Whereas restrictions on free movement resulting from theapplication of measures intended to prevent the spread of animaldiseases could cause difficulties on the market of one or moreMember States; whereas provision should be made for the intro-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 aidsgranted by Member States and the prohibition of those which areincompatible with the common market should apply in thecommon market organisation for milk and milk products;
(29)Whereas it is necessary that, as the common market in milk andmilk products develops, the Member States and the Commissionshould 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 resultof the obligations arising out of the application of this Regulationshould be financed by the Community in accordance with
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CN code Description of goodsCouncil Regulation (EC) No 1258/1999 of 17 May 1999 on the
financing of the common agricultural policy (1);
(32)Whereas the common organisation of the market in milk andmilk products should take appropriate account, at the same time,of the objectives set out in Articles33 and 131 of the Treaty;
(33)Whereas the common organisation of the market in milk andmilk products laid down in Council Regulation (EEC) No 804/68of 27 June 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 theirdispersal among several Official Journals, these texts are difficultto 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) No 804/68 should be repealed;whereas the essential rules of Council Regulations (EEC)No 986/68 (
3), (EEC) No 987/68 (4), (EEC) No 508/71 (5),
(EEC) No 1422/78 (6), (EEC) No 1723/81 (7), (EEC) No 2990/
82 (8), (EEC) No 1842/83 (9), (EEC) No 865/84 (10) and (EEC)
No 777/87 (11) have been incorporated into this Regulation, and
should therefore be repealed;
(34)Whereas the change from the arrangements in Regulation (EEC)No 804/68 to those in this Regulation could give rise to difficul-ties which are not dealt with in this Regulation; whereas, in orderto 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
The common organisation of the market in milk and milk products shall
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) 0403 10 11 to 39 Buttermilk, curdled milk and cream, yoghurt, kephir
and other fermented or acidified milk and cream,whether or not concentrated or containing added sugaror 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) No 1587/96 (OJ L 206, 16.8.1996, p. 21).
(3) OJ L 169, 18.7.1968, p. 4. Regulation as last amended by Regulation
(EC) No 1802/95(OJ L 174, 26.7.1995 , p. 31).
(4) OJ L 169, 18.7.1968, p. 6. Regulation as last amended by Regulation
(EEC) No 1435/90 (OJ L 138, 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) No 863/84 (OJ L 90, 1.4.1984, p. 23).
(8) OJ L 314, 10.11.1982, p. 26. Regulation as last amended by Regulation
(EC) No 2442/96 (OJ L 333, 21.12.1996, p. 1).
(9) OJ L 183, 7.7.1983, p. 1. Regulation as last amended by Regulation (EC)
No 1958/97 (OJ L 277, 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) No 1634/91 (OJ L 150, 15.6.1991, p. 26).
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CN code Description of goods
0403 90 11 to 69
(d) 0404 Whey, whether or not concentrated or containing
added sugar or other sweetening matter; productsconsisting of natural milk constituents, whether or notcontaining added sugar or other sweetening matter, notelsewhere specified or included
(e) ex 0405Butter and other fats and oils derived from milk; dairy
spreads of a fat content of more than 75% but lessthan 80 %
(f) 0406 Cheese and curd
(g) 1702 19 00 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) 2106 90 51 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) No 2730/75(
1), except preparations and feedingstuffs to
which Council Regulation (EEC) No 1766/92 (2)
applies.
(1) OJ L 281, 1.11.1975, p. 20. Regulation as last amended by Regulation (EC) No 2931/95
(OJ L 307, 20.12.1995, p. 10).
(2) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 923/96
(OJ L 126, 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 1 July
and end on 30 June 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 100 kg, shall be set at:
— 30,98 for the period from 1 July 2000 until 30 June 2005,— 29,23 for the period from 1 July 2005until 30 June 2006,— 27,47 for the period from 1 July 2006 until 30 June 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. The Council, acting in accordance with the procedure laid down in
Article37(2) of the Treaty, may change the target price.
Article 4
1. The intervention prices in the Community, expressed in euro per
100 kg, shall be set:
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(a) for butter at:
— 328,20 for the period from 1 July 2000 until 30 June 2005,— 311,79 for the period from 1 July 2005until 30 June 2006,— 295,38 for the period from 1 July 2006 until 30 June 2007,— 278,97 as from 1 July 2007;
(b) for skimmed milk powder at:
— 205,52 for the period from 1 July 2000 until 30 June 2005,— 195,24 for the period from 1 July 2005 until 30 June 2006,— 184,97 for the period from 1 July 2006 until 30 June 2007,— 174,69 as from 1 July 2007.
2. The Council, acting in accordance with the procedure laid down in
Article37(2) of the Treaty, may change the intervention prices.
Article 5
The price system is established without prejudice to the implementation
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 %,
— an age at the time of buying-in not exceeding a maximum to be
fixed,
— conditions to be determined as regards the minimum quantity
and packaging;
(b) meet certain requirements to be determined regarding in particular:
— 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.
Flat rate transport costs shall be borne, under conditions to be fixed,
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,— unsalted butter produced from cream or milk in an approved under-
taking of the Community of a minimum butterfat content, byweight, of 82 % and a maximum water content, by weight, of 16 %,
— salted butter produced from cream or milk in an approved under-
taking of the Community of a minimum butterfat content, byweight, of 80 %, a maximum water content, by weight, of 16 % anda maximum salt content, by weight, of 2 %.
The butter shall be classified according to national quality grades to be
determined and shall be marked accordingly.
The aid shall be fixed in the light of storage costs and the likely trend in
prices for fresh butter and butter from stocks. Where, at the time ofremoval from storage, an adverse change unforeseeable at the time ofentry into storage has occured on the market, the aid may be increased.
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.
Where the market situation so requires, the Commission may decide to
remarket some or all of the cream or butter covered by private storagecontracts.
4. Butter bought in by the intervention agencies shall be disposed of
at a minimum price and under conditions to be determined so as toavoid disturbing the balance on the market and to ensure purchasersequal treatment and access to the butter to be sold. Where the butter putup for sale is intended for export, special conditions may be laid downto ensure that the product is not diverted from its destination and to takeaccount of requirements specific to such sales.
For butter kept in public storage which cannot be disposed of during a
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. The intervention agency designated by each of the Member States
shall, under conditions to be determined, buy in at the intervention pricetop quality skimmed milk powder made by the spray process andobtained in an approved undertaking in the Community, directly andexclusively from skimmed milk, which is offered to it during the periodfrom 1 March to 31 August 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,— meets conditions to be determined as regards the minimum quantity
and packaging.
However, intervention agencies shall also buy in skimmed milk powder
whose protein content is at least 31,4 % and less than 35,6 %, of thenon-fatty dry extract, provided that the other provisions laid down in thefirst subparagraph above are met. In that case, the buying-in price shall
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be equal to the intervention price less 1,75% for each percentage point
by which the protein content is lower than 35,6 %.
The intervention price shall be that in force on the day of manufacture
of the skimmed milk powder and shall apply to skimmed milk powderdelivered to the store designated by the intervention agency. Flat-ratetransport costs shall be borne, under conditions to be fixed, by theintervention agency if the skimmed milk powder is delivered to a storesituated at a distance greater than a distance to be determined from theplace where the skimmed milk powder was in store.
The skimmed milk powder may only be stored in stores meeting condi-
tions to be fixed.
2. The Commission may suspend the buying in of skimmed-milk
powder provided for in paragraph1 as soon as the quantities offered forintervention in the period from 1 March to 31 August each year exceed109 000 tonnes.
In that case buying-in by the intervention agencies may be carried out
under an open standing invitation to tender on the basis of specificationsto be determined.
3. Aid for the private storage of skimmed milk powder of top
quality, obtained in an approved undertaking in the Community directlyand exclusively from skimmed milk may be granted, in particular, iftrends in prices and stocks of the products indicate a serious imbalancein the market which could be avoided or reduced by means of seasonalstorage. In order to be eligible for aid, the skimmed milk powder mustmeet conditions to be fixed.
The aid shall be fixed in the light of storage costs and the likely trend in
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 theskimmed milk powder qualifying for the aid is stored. Where the marketsituation so requires, the Commission may decide to remarket some orall of the skimmed milk powder covered by private storage contracts.
4. Skimmed milk powder bought in by the intervention agency shall
be disposed of, at a minimum price and under conditions to be deter-mined so as to avoid disturbing the balance on the market and to ensurepurchasers equal treatment and access to the skimmed milk powder tobe sold.
Where the skimmed milk powder put up for sale is intended for export,
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 15months old;
(c) Provolone cheese at least three months old;
if these cheeses reach certain standards.
2. The amount of private storage aid shall be fixed taking account of
storage costs and the likely trend of market prices.
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3. The intervention agency designated by the Member State in whichthe said cheeses are produced and qualify to bear the designation oforigin shall implement the measures taken pursuant to paragraph1.
The granting of private storage aid shall be subject to the conclusion of
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
for cheeses which are manufactured from sheep and/or goat’s milk andrequire at least six months for maturing, if for those cheeses pricedevelopments and the stock situation indicate a serious imbalance of themarket 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
Commission may decide to remarket some or all of the cheeses coveredby 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 thecontract was signed, a decision may be taken to adjust the amount of aidaccordingly.
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. Aid shall be granted for skimmed milk and skimmed-milk powder
intended for use as feedingstuffs, if these products reach certain stan-dards.
For the purposes of this Article, buttermilk and buttermilk powder shall
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-milk powder, and developments in the use thereof as feed,
— trends in calf prices,— trends in the market prices for competing proteins as compared with
those for skimmed-milk powder.
Article 12
1. Under the conditions determined in accordance with paragraph2,
aid shall be granted for Community-produced skimmed milk processed
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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
processed into casein or caseinates and according to the quality of thoseproducts.
Aid shall be fixed taking into account the following factors:
— the intervention price for skimmed-milk powder, or the market price
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. Community aid shall be granted for supplying to pupils in educa-
tional establishments certain processed milk products falling within CNcodes 0401, 0403, 0404 90 and 0406 or CN code 2202 90.
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% of the target price for milk. In the case of other milk products, theamounts of aid shall be determined taking into account the milk compo-nents of the products concerned.
4. The aid referred to in paragraphs1 shall be granted on a maximum
quantity of 0,25litre 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. Producers shall qualify for a dairy premium. It shall be granted per
calendar year, per holding and per tonne of individual reference quantityeligible 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,— EUR 17,24 for the calendar year 2007 and the subsequent calendar
years.
3. The individual reference quantity eligible for premium shall be
equal to the individual reference quantity for milk available on theholding on 31 March of the calendar year concerned, without prejudiceto reductions resulting from the application of subparagraph2. Indi-vidual reference quantities which have been the subject of temporarytransfers in accordance with Article6 of Regulation (EEC) No 3950/92on 31 March of the calendar year concerned shall be deemed to beavailable on the holding of the transferee for that calendar year.
Where, on 31 March of a calendar year, the sum of all individual
reference quantities in a Member State exceeds the sum of the corre-sponding total quantities of that Member State set out in Article3(2) ofRegulation (EEC) No 3950/92 for the 12 month period 1999/2000, theMember State concerned shall, on the basis of objective criteria, takethe necessary steps to reduce accordingly the total amount of individualreference quantities eligible for premium on its territory for the calendaryear concerned.
4. For the purposes of this chapter, the definitions of ‘producer'and
‘holding'laid down in Article9 of Regulation (EEC) No 3950/92 shallapply.
Article 17
1. Member States shall, on a yearly basis, make additional payments
to producers in their territory totalling the global amounts set out inAnnex I. Such payments shall be made according to objective criteriaincluding, in particular, the relevant production structures and condi-tions, and in such a way as to ensure equal treatment between producersand to avoid market and competition distortions. Moreover, suchpayments shall not be linked to fluctuations of market prices.
2. Additional payments may be made in the form of premium supple-
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. Area payments shall be granted per hectare of permanent pasture:
(a) which is available to a producer during the calendar year concerned;
(b) which is not used to comply with the specific stocking density
requirements referred to in Article15(3) of Council Regulation(EC) No 1254/1999 of 17 May 1999 on the common organisation ofthe market in beef and veal(
1); and
(c) in respect of which no payments under the support system laid
down for producers of certain arable crops, under the aid system fordried 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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The area of permanent pasture in a region for which area payments may
be granted shall not exceed the relevant regional base area.
2. The regional base areas shall be established by Member States in
accordance with Article17 of Regulation (EC) No 1254/1999.
3. The maximum area payment per hectare which may be granted,
including area payments pursuant to Article17 of Regulation (EC)No 1254/1999, shall not exceed EUR 350 for the calendar year 2005and the subsequent calendar years.
Article 20
1. Before 1 January 2005, Member States shall provide the Commis-
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. Before 1 April 2007, Member States shall submit to the Commis-
sion detailed reports on the implementation of Articles17 to 19.
Before 1 January 2008, the Commission shall evaluate the implementa-
tion of Articles17 to 19 and examine the distribution of Communityfunds between Member States as provided for in Annex I. If necessary,the Commission shall make appropriate proposals to the Council.
Article 21
Direct payments under this chapter shall be made, after verification of
entitlement to payment, from 16 October of the calendar year concernedand, save in duly justified exceptional cases, no later than 30 June of thefollowing year.
Article 22
The amounts of the direct payments set out in this chapter may be
changed in the light of developments in production, productivity and themarkets, 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
bovine somatrophin to dairy cows is not authorised or where the avail-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) No 1254/1999.
Article 24
Detailed rules for the application of this chapter shall be adopted by the
Commission in accordance with the procedure laid down in Article42.
Article 25
The expenditure incurred in granting the direct payments provided for
in this chapter shall be considered as relating to intervention measureswithin the meaning of Article2(2) of ►
C2Regulation (EC) No 1257/
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,irrespective of his place of establishment in the Community and withoutprejudice 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 securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure , the security
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. The following shall be adopted by the Commission in accordance
with the procedure laid down in Article42:
(a) the list of products in respect of which export licences are required;
(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
Common Customs Tariff shall apply to the products listed in Article1.
Article 28
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain productslisted in Article1, imports of one or more of such products at the rate ofduty referred to in Article27 shall be subject to payment of an addi-tional import duty if the conditions set out in Article5of the Agreementon Agriculture concluded in accordance with Article300 of the Treatyin the framework of the Uruguay Round of multilateral trade nego-tiations have been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. The trigger prices below which an additional duty may be imposed
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 inwhich the adverse effects referred to in paragraph1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community importmarket 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 Article5of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph1 in
accordance with Article5of 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:
— method based on the chronological order of the lodging of applica-
tions (using the ‘first come, first served' principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the ‘simultaneous exami-nation' method),
— method based on taking traditional trade patterns into account (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
annual quotas, suitably phased over the year, if necessary, to be opened,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) the conditions under which import licences are issued and their term
of validity.
Article 30
1. Where an agreement concluded in accordance with Article300 of
the Treaty provides for the total or partial management of a tariff quotaopened by a third country for the products referred to in Article1, themanagement method to be applied and detailed rules relating to thatmethod shall be adopted in accordance with the procedure provided forin Article42.
2. Quotas may be managed using one of the following methods or a
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. To the extent necessary to enable the products listed in Article1 to
be exported without further processing or in the form of goods listed inAnnex II if they are products listed in Article1(a), (b), (c), (d), (e) and(g), on the basis of prices for those products in world trade and withinthe limits resulting from agreements concluded in accordance withArticle300 of the Treaty, the difference between those prices and pricesin the Community may be covered by export refunds.
Export refunds on the products listed in Article1 in the form of goods
listed in the Annex II 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 theresources available, account being taken of the efficiency and struc-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.They may vary according to destination, where the world market situa-
tion or the specific requirements of certain markets make this necessary.
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
refund is granted and the amount of such refund shall be fixed at leastonce every four weeks. The amount of the refund may, however, remainat the same level for more than four weeks and may, where necessary,be adjusted in the intervening period by the Commission at the requestof a Member State or on its own initiative. However, for products listedin Article1 and exported in the form of goods listed in Annex II to thisRegulation, the refund may be fixed according to another timetabledetermined in accordance with the procedure referred to in Article16 ofCouncil Regulation (EC) No 3448/93 (
1).
4. The following shall be taken into account when refunds are being
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) the importance of avoiding disturbances on the Community market;
(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 L 318, 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-
graph 1 and exported as such only on application and on presentation ofthe relevant export licence.
7. The refund applicable to exports of products listed in Article1 and
exported as such shall be that applicable on the day of application forthe licence and, in the case of a differentiated refund, that applicable onthe 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
the licence. In that case, the amount applicable may not exceed theamount 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 7 may be made to apply to products listed in
Article1 and exported in the form of goods listed in Annex II inaccordance with the procedure laid down in Article16 of Regulation(EC) No 3448/93.
9. Paragraphs6 and 7 may be waived in the case of products listed in
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— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for whicha refund was fixed, without prejudice to paragraph7(b). Exceptionsmay be made to this rule in accordance with the procedure laiddown in Article42, provided conditions are laid down which offerequivalent guarantees.
11. Without prejudice to paragraph10, first indent, in the absence of
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 Annex II to this Regulation, para-graphs 10 and 11 shall apply only to goods falling within the followingCN codes:
— 040520 30 (dairy spreads with a fat content between 60 and 75%),— 1806 90 60 to 1806 90 90 (certain products containing cocoa),— 1901 (certain food preparations of flour, etc.),— 2106 90 98 (certain food preparations not elsewhere specified),
having a high milk-product content.
13. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article300 of the Treaty shall be ensuredon 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 thearrangements for redistributing unallocated or unused exportable quant-ities, shall be adopted by the Commission in accordance with theprocedure laid down in Article42. However, the detailed rules on theapplication of paragraphs8, 10, 11 and 12 for products referred to inArticle1 and exported in the form of goods listed in Annex II to thisRegulation shall be adopted in accordance with the procedure laid downin Article16 of Regulation (EC) No 3448/93.
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 inwardprocessing arrangements in respect of products listed in Article1 whichare intended for the manufacture of products listed in that Article or ofgoods listed in Annex II to this Regulation.
2. By way of derogation from paragraph1, if the situation referred to
in paragraph1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by the inward processingarrangements, the Commission shall, at the request of a Member Stateor on its own initiative, decide upon the necessary measures; theCouncil and the Member State shall be notified of such measures, whichshall be valid for no more than six months and shall be immediatelyapplicable. If the Commission receives a request from a Member State,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
Council by any Member State within a week of the day on which theywere notified. The Council, acting by a qualified majority, may confirm,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 tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall be incor-porated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade withthird 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 disturbingor threatening to disturb the Community market, the measures providedfor in paragraph5may be taken.
2. A significant excess within the meaning of paragraph1 shall exist
when the free-at-frontier price exceeds the intervention price fixed forthe product in question, increased by 15%, or, as regards products forwhich there is no intervention price, a price derived from the interven-tion price, to be determined in accordance with the procedure laid downin 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, in view of foreseeable trends in production and market prices.
4. The Community market is disturbed or under threat of disturbance
by the situation referred to in this Article when the high level of pricesin 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 exportcharges may be decided on in accordance with the procedure laid downin Article42. Detailed rules for the application of this Article shall, ifnecessary, be adopted by the Commission in accordance with the sameprocedure.
Article 35
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article1 is affected by, or is threatenedwith, serious disturbance likely to jeopardise the achievement of theobjectives set out in Article33 of the Treaty, appropriate measures maybe applied in trade with third countries until such disturbance or threatof 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. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or repeal the measure in questionwithin one month following the day on which it was referred to theCouncil.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article300(2) ofthe Treaty.
TITLE III
GENERAL PROVISIONS
Article 36
In order to take account of the restrictions on free circulation which
may result from the application of measures for combating the spread ofdiseases 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
Save as otherwise provided in this Regulation, Articles87, 88 and 89 of
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 beadopted by the Commission in accordance with the procedure laid downin Article42.
Article 41
A Management Committee for Milk and Milk Products (hereinafter
called the ‘committee')shall be established, composed of representativesof 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 chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article205(2) of the Treaty inthe 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 theopinion of the committee, they shall be communicated by the Commis-sion to the Council forthwith. In that event the Commission may deferapplication of the measures which it has decided for not more than onemonth 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
This Regulation shall be so applied that appropriate account is taken, at
the same time, of the objectives set out in Articles33 and 131 of theTreaty.
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Article 45
►C2Regulation (EC) No 1258/2000 ◄and the provisions adopted in
implementation thereof shall apply to the products listed in Article1.
TITLE IV
TRANSITIONAL AND FINAL PROVISIONS
Article 46
1. Regulations (EEC) No 804/68, (EEC) No 986/68, (EEC) No 987/
68, (EEC) No 508/71, (EEC) No 1422/78, (EEC) No 1723/81, (EEC)No 2990/82, (EEC) No 1842/83, (EEC) No 865/84 and (EEC) No 777/87 are hereby repealed.
2. References to Regulation (EEC) No 804/68 shall be construed as
references to this Regulation and should be read in accordance with thecorrelation table in Annex III.
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-
ments provided in Regulation (EEC) No 804/68 to those establishedby this Regulation,
— the measures required to resolve specific practical problems. Such
measures — if duly justified — may derogate from certain parts ofthis Regulation.
Article 48
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply as from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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(expressed in EUR million)
2005 20062007 and subse-
quent calendar
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
United Kingdom 37,7 75,4 113,1
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CN code Description of goodsANNEX II
0403 10 51 to 99
and 0403 90 71 to99Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or
acidified milk and cream, whether or not concentrated or containing addedsugar or other sweetening matter, flavoured or containing added fruit orcocoa
ex 0405Butter and other fats and oils derived from milk; dairy spreads:
040520 — Dairy spreads
040520 10 — — of a fat content, by weight, of 39 % or more but less than 60 %
040520 30 ———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
oils or fractions of different fats or oils of this chapter, other than edible fatsor oils or their fractions of CN code 1516:
1517 10 — Margarine, excluding liquid margarine:
1517 10 10 — — containing more than 10 % but not more than 15 % by weight of milk
fats
1517 90 — Other:
1517 90 10 — — containing more than 10 % but not more than 15 % by weight of milk
fats
ex 1702 Lactose and lactose syrup:
1702 11 00 — — 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 1704 90 — Other, excluding liquorice extract containing more than 10 % by weight
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 CN code 1806 10
ex 1901 Malt extract; food preparations of flour, meal, starch or malt extract, not
containing cocoa or containing less than 40 % by weight of cocoa calculatedon a totally defatted basis, not elsewhere specified or included; food prepa-rations of goods of CN codes 0401 to 0404, not containing cocoa orcontaining less than 5% by weight of cocoa calculated on a totally defattedbasis, not elsewhere specified or included:
1901 10 00 — Preparations for infant use, put up for retail sale
1901 20 00 — Mixes and doughs for the preparation of bakers’ wares of CN code 1905
1901 90 — other:
— — other:
1901 90 91 — — — containing no milk fats, sucrose, isoglucose, glucose or starch or
containing less than 1,5% milk fat, 5% sucrose (including invert sugar) orisoglucose, 5% glucose or starch, excluding food preparations in powderform of goods of CN codes 0401 to 0404
1901 90 99 — — — other
ex 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or
otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi,ravioli, cannelloni; couscous, whether or not prepared:
— Uncooked pasta not stuffed or otherwise prepared:
1902 19 — — other
1902 20 — Stuffed pasta, whether or not cooked or otherwise prepared:
— — other:
1902 20 91 — — — Cooked
1902 20 99 — — — other
1902 30 — other pasta
1902 40 — Couscous:
1902 40 90 — — Other
1999R1255 — EN — 26.06.1999 — 000.002 — 25
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CN code Description of goods
1904 Prepared food obtained by the swelling or roasting of cereals or cereal
products (for example, cornflakes); cereals (other than maize (corn)) ingrain form or in the form of flakes or other worked grains (except flour andmeal), pre-cooked or otherwise prepared, not elsewhere specified orincluded
1905Bread, 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:
190510 00 — Crispbread
190520 — Gingerbread and the like
190530 — Sweet biscuits; waffles and wafers
190540 — Rusks, toasted bread and similar toasted products
190590 — other:
— — other:
190590 40 — — — Waffles and wafers with a water content exceeding 10 % by
weight
190590 45 — — — Biscuits
190590 5 5 — — — Extruded or expanded products, savoury or salted
190590 60 ———— with added sweetening matter
190590 90 ———— other
ex 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic
acid, frozen, other than products of heading No 2006:
2004 10 — Potatoes:
— — other:
2004 10 91 ———i nt h e form of flour, meal or flakes
ex 2005Other vegetables prepared or preserved otherwise than by vinegar or acetic
acid, not frozen, other than products of heading No 2006:
200520 — Potatoes:
200520 10 — — in the form of flour, meal or flakes
ex 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved,
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:
2008 11 — — Ground-nuts:
2008 11 10 — — — Peanut butter
210500 Ice-cream and other edible ice, whether or not containing cocoa
ex 2106 Food preparations not elsewhere specified or included, excluding compound
alcoholic preparations falling within CN code 2106 90 20 and flavoured orcoloured sugar syrups falling within CN codes 2106 90 30, 2106 90 51,2106 90 55 and 2106 90 59
ex 2202 Waters, including mineral waters and aerated waters, containing added sugar
or other sweetening matter or flavoured, and other non-alcoholic beverages,not including fruit and vegetable juices of CN code 2009:
2202 90 — other:
— — other, containing by weight of fat obtained from the products of CNcodes 0401 to 0404:
2202 90 91 — — — less than 0,2 %
2202 90 95 — — — 0,2 % or more but less than 2 %
2202 90 99 ———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:
2208 70 — Liqueurs and cordials
2208 90 — other:
— — other spirits and spirituous beverages, in containers holding:
— — — two litres or less:
———— other:
1999R1255 — EN — 26.06.1999 — 000.002 — 26
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CN code Description of goods
2208 90 69 ————— other spirituous beverages
— — — more than two litres:
2208 90 78 ———— other spirituous beverages
ex 3302 Mixtures of odoriferous substances and mixtures (including alcoholic solu-
tions) with a basis of one or more of these substances, of a kind used as rawmaterials in industry; other preparations based on odoriferous substances, ofa kind used for the manufacture of beverages:
3302 10 — of a kind used in the food or drink industries:
— — of a kind used in the drink industries:
3302 10 29 ————— other
3501 Casein, caseinates and other casein derivatives; casein glues
ex 3502 Albumins, albuminates and other albumin derivatives:
3502 20 — Milk albumin, including concentrates of two or more whey proteins:
— — other:
3502 20 91 — — — dried (for example in sheets, scales, flakes, powder)
3502 20 99 — — — other
1999R1255 — EN — 26.06.1999 — 000.002 — 27
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Regulation (EEC)No 804/68 This RegulationANNEX III
CORRELATION TABLE
Article 1 Article 1
Article 2 Article 2
Article 3(1) and (2) Article 3(1)
Article 3(3) —
Article 3(4) Article 3(2)
Article 4 —
Article 5Article 4(1)
Article 5a —
Article 5c Article 5
Article 6(2) Article 6(3)
Article 6(3) Article 6(4)
Article 6(4) Article 6(5)
Article 6(6) Article 10
Article 7(1) Article 7(1)
Article 7(2) Article 7(3)
Article 7(3), first subparagraph Article 7(4), first subparagraph
Article 7(3), fourth subparagraph Article 7(4), second subparagraph
Article 7(4) Article 7(5)
Article 7(5) Article 10
Article 7a —
Article 8(1) to (3) Article 8(1) to (3)
Article 8(4) Article 10
Article 9(3) Article 10
Article 10(1) Article 11(1)
Article 10(2) —
Article 10(3) Article 15
Article 11(1) Article 12(1)
Article 11(2) —
Article 11(3) Article 15
Article 12(3) Article 15
Article 13 Article 26
Article 14 Article 27
Article 15Article 28
Article 16 Article 29
Article 16a Article 30
Article 17 Article 31
Article 18 Article 32
Article 19 Article 33
Article 20 Article 34
Article 21 Article 35
Article 22 —
Article 22a Article 36
Article 23 Article 37
Article 24 Article 38
Article 24a Article 39
Article 25—
Article 26(1) and (2) Article 14(1) and (2)
1999R1255 — EN — 26.06.1999 — 000.002 — 28
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Regulation (EEC)No 804/68 This Regulation
Article 26(4) Article 15
Article 26(5) —
Article 28 Article 40
Article 29(1) Article 41
Article 29(2) —
Article 30 Article 42
Article 31 Article 43
Article 32 —
Article 33 Article 44
Article 34 Article 45
Article 35—
Article 36 —
Article 37(1) Article 48
Annex Annex II