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"BCOMMISSION REGULATION (EEC) No 2742/90
of 26 September 1990
laying down detailed rules for the application of Council Regulation (EEC) No 2204/90
(OJ L 264, 27.9.1990, p. 20)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 837/91 of 4 April 1991 L 85 15 5.4.1991
"M2 Commission Regulation (EEC) No 2146/92 of 29 July 1992 L 214 23 30.7.1992
"M3 Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26.7.1995
Corrected by:
"C1 Corrigendum, OJ L 276, 6.10.1990, p. 46 (2742/90)1990R2742 — EN — 01.09.1995 — 004.001 — 1
COMMISSION REGULATION (EEC) No 2742/90
of 26 September 1990
laying down detailed rules for the application of Council Regulation
(EEC) No 2204/90
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 2204/90 of 24 July 1990
laying down additional general rules on the common organization of the
market in milk and milk products as regards cheese (1), and in particular
the second paragraph of Article 1, the second subparagraph of Article 3
(3) and Article 5 thereof,
Whereas the first paragraph of Article 1 of Regulation (EEC) No
2204/90 stipulates that the use of casein and caseinates in the
manufacture of cheese is subject to prior authorization; whereas it is
necessary to lay down detailed rules for the grant of such authorizations,
having regard to the requirements as regards checks on undertakings;
whereas authorizations should be granted for a limited period, so that the
Member States can impose penalties for failure to comply with
Community provisions;
Whereas the second paragraph of Article 1 of the said Regulation
stipulates that the maximum percentages of casein and caseinates to be
incorporated in cheese must be determined on the basis of objective
criteria laid down having regard to what is technologically necessary;
whereas it is necessary to determine the said percentages on the basis of
data supplied by the Member States; whereas, in order to facilitate
checks to ensure compliance with this provision, it is advisable to set
overall percentages rather than percentages for individual products;
Whereas Article 3 (1) of the said Regulation requires Member States to
introduce administrative and physical controls; whereas it is necessary to
specify the conditions which these controls should fulfil, particularly
with regard to their frequency;
Whereas Article 3 (3) of the said Regulation states that a sum equal to
the difference between the value of the skimmed milk resulting from the
intervention price for skimmed milk powder on the one hand and the
market price for casein and caseinates on the other hand, plus 10 %, is
due for quantities of caseins and caseinates used without authorization;
whereas this sum has to be determined having regard to prices recorded
on the markets during a reference period;
Whereas the Management Committee for Milk and Milk Products has
not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Authorizations mentioned in Article 1 of Regulation (EEC) No
2204/90 shall be granted for a period of 12 months, at the request of the
undertakings concerned subject to their giving a prior undertaking in
writing to accept and comply with the provisions of Article 3 (1) (a) and
(b) on the one hand, and (c) on the other, of the aforementioned
Regulation.
2. Authorizations shall be issued with a serial number for each
undertaking or, where necessary, for each production unit.
3. Authorizations may cover one or more types of cheese, in
accordance with the application made by the undertaking concerned.!B
(1) OJ No L 201, 31. 7. 1990, p. 7.1990R2742 — EN — 01.09.1995 — 004.001 — 2
Article 2
1. The maximum percentages to be incorporated, as referred to in the
second paragraph of Article 1 of Regulation (EEC) No 2204/90, are
given in the Annex to this Regulation. They shall apply to the weight of
the types of cheese set out in the Annex produced by the undertaking or
production unit concerned during a six-month period.
2. The list of products given in the Annex and the maximum
percentages relating thereto shall be adjusted to take account of reasoned
applications providing evidence that there is a technological need for the
addition of casein or caseinates.
Article 3
1. The stock accounts referred to in Article 3 (1) (b) of Regulation
(EEC) No 2204/90 shall include information as to the origin,
composition and quantity of the raw materials used in the manufacture
of the cheeses. Member States may require samples to be taken to
provide a check on this information. Member States shall ensure that the
information collected from undertakings is treated as confidential.
2. The checks referred to in Article 3 (1) (c) of Regulation (EEC) No
2204/90 must fulfil the following requirements:
(a) at least 30 % of the undertakings in receipt of authorizations shall be
checked each quarter;
(b) each undertaking in receipt of an authorization shall be checked at
least once per year, and undertakings producing more than 300
tonnes of cheese per year shall be checked at least twice per year.
3. Within a period of one month from when the infringement was
recorded, Member States shall notify the Commission of cases in which
casein and/or caseinates have been used either without authorization or
without abiding by the percentages laid down.
Article 4
1. The sum due in accordance with Article 3 (3) of Regulation (EEC)
No 2204/90 shall be ECU "M32903per 100 kilograms of casein
and/or caseinates, having regard to the price for casein and caseinates
recorded on the markets in the first half of 1992.
2. The sums recovered in this way shall be paid to the paying
departments and agencies and offset by them against expenditure
financed by the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund.
Article 5
In addition to the notifications required under Article 3 (2) of Regulation
(EEC) No 2204/90, Member States shall submit to the Commission
before the end of each quarter the following information on the previous
quarter:
1. the number of authorizations granted and/or revoked,
2. the quantities of casein and caseinates declared in respect of these
authorizations, broken down by type of cheese.
Article 6
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 15 October 1990.!B
!M2
!B1990R2742 — EN — 01.09.1995 — 004.001 — 3
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1990R2742 — EN — 01.09.1995 — 004.001 — 4
ANNEX
Maximum percentages to be incorporated, as referred to in Article 2 (1):
— processed cheese falling within CN code 0406 30: 5 %
— grated processed cheese covered by CN code
ex 0406 20: 5 % (1)
— processed cheese in powdered form covered by CN code
ex 0406 20: 5 % (1).!B
(1) Manufactured by a continuous process, without addition of already manu-
factured processed cheese.!M11990R2742 — EN — 01.09.1995 — 004.001 — 5