Keywords

Summary



Keywords

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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR SKIMMED-MILK POWDER INTENDED FOR USE AS FEED - CONDITIONS AS TO COMPOSITION AND QUALITY - ABSENCE OF WHEY - METHOD OF ANALYSIS LAID DOWN UNDER THE INTERVENTION SYSTEM FOR DETECTING THE PRESENCE OF WHEY - WHETHER APPLICABLE UNDER THE AID SYSTEM - CONDITIONS - IDENTICAL COMPOSITION AND QUALITY OF THE PRODUCT

( REGULATION NO 804/68 OF THE COUNCIL; COMMISSION REGULATIONS NO 625/78, ANNEX IV, AND NO 1725/79 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - INTERVENTION SYSTEM FOR SKIMMED-MILK POWDER - COMPOSITION AND QUALITY OF THE PRODUCT - METHOD OF ANALYSIS LAID DOWN - INAPPLICABILITY OF THE CONTROL METHODS USED UNDER THE AID SYSTEM TO SKIMMED-MILK POWDER INTENDED FOR USE AS FEED - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( COMMISSION REGULATIONS NO 625/78, ANNEX IV, AND NO 1725/79 )

Summary

1 . THE PROVISIONS OF REGULATIONS NOS 804/68, 625/78 AND 1725/79 MUST BE INTERPRETED AS MEANING THAT SKIMMED-MILK POWDER WHICH MEETS THE CONDITIONS AS TO COMPOSITION AND QUALITY THAT ARE REQUIRED FOR INTERVENTION IN THE FORM OF PUBLIC STORAGE UNDER REGULATION NO 625/78 MUST ALSO BE REGARDED AS ELIGIBLE FOR THE AID PROVIDED FOR BY REGULATION NO 1725/79 FOR SKIMMED-MILK POWDER INTENDED FOR USE AS FEED .

HOWEVER, IF THE APPLICATION OF THE METHOD OF ANALYSIS WHICH IS DESCRIBED IN ANNEX IV TO REGULATION NO 625/78 AND IS COMPULSORY IN CONNECTION WITH THE AID SYSTEM ESTABLISHED BY THAT REGULATION REVEALS, HAVING REGARD TO THE TOLERANCE MARGIN LAID DOWN THEREIN, THAT NO WHEY IS PRESENT IN SKIMMED-MILK POWDER WHICH HAS BEEN ANALYSED, THAT DOES NOT MEAN THAT THE SKIMMED-MILK POWDER MUST BE REGARDED AS FREE OF WHEY FOR THE PURPOSES OF THE GRANT OF AID UNDER REGULATION NO 1725/79 UNLESS IT IS IDENTICAL, IN TERMS OF COMPOSITION AND QUALITY, TO SKIMMED-MILK POWDER ELIGIBLE FOR INTERVENTION . WHEN APPLIED TO MILK POWDER OTHER THAN FIRST-QUALITY MILK POWDER ELIGIBLE FOR INTERVENTION, THAT METHOD DOES NOT OFFER EVERY GUARANTEE OF RELIABILITY AND THE MEMBER STATES ARE FREE TO APPLY, IN ORDER TO ENSURE COMPLIANCE WITH THE CONDITIONS LAID DOWN BY REGULATION NO 1725/79, ANY OTHER METHODS WHICH THEY CONSIDER APPROPRIATE AND RELIABLE, SINCE NO METHOD IS IMPOSED BY THAT REGULATION .

2 . THE FACT THAT, IN CONNECTION WITH THE CONTROLS DESIGNED TO ENSURE COMPLIANCE WITH THE CONDITIONS FOR THE GRANT OF AID FOR SKIMMED-MILK POWDER INTENDED FOR USE AS FEED, THE COMMUNITY LEGISLATURE HAS NOT REQUIRED, FOR THE ANALYSIS OF SKIMMED-MILK POWDER WHICH HAS NEITHER THE COMPOSITION NOR THE QUALITY OF THE PRODUCT ELIGIBLE FOR INTERVENTION, THE USE OF THE METHOD PROVIDED FOR IN ANNEX IV TO REGULATION NO 625/78, TO THE EXCLUSION OF OTHER CONTROL METHODS, DOES NOT, HAVING REGARD TO THE LIMITED PRACTICAL UTILITY OF THE METHOD PROVIDED FOR IN ANNEX IV, EXCEED THE BOUNDS OF WHAT IS APPROPRIATE AND NECESSARY FOR ENSURING THAT COMMUNITY AID IS NOT PAID IN RESPECT OF PRODUCTS THAT ARE INELIGIBLE FOR IT . ACCORDINGLY, THE FACT THAT THAT METHOD IS INAPPLICABLE TO SKIMMED-MILK POWDER WHICH HAS NEITHER THE COMPOSITION NOR THE QUALITY OF THE PRODUCT ELIGIBLE FOR INTERVENTION IS NOT CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY .