Commission Regulation (EC) No 676/1999 of 26 March 1999 amending for the fifth time Regulation (EC) No 785/95 laying down detailed rules for the application of Council Regulation (EC) No 603/95 on the common organisation of the market in dried fodder
Date: 1999-03-26
Institutions: European Commission
Subjects: common organisation of markets, fodder, processing industry, product quality, terms for aid

L 83/40

EN

Official Journal of the European Communities

27. 3. 1999

COMMISSION REGULATION (EC) No 676/1999

of 26 March 1999

amending for the fifth time Regulation (EC) No 785/95 laying down detailed rules
for the application of Council Regulation (EC) No 603/95 on the common organ-
isation of the market in dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 603/95 of
21 February 1995 on the common organisation of the
market in dried fodder (1), as last amended by Regulation
(EC) No 1347/95 (2), and in particular Article 18 thereof,

Whereas the first indent of Article 2(2)(a) of Commission
Regulation (EC) No 785/95 of 6 April 1995 laying down
detailed rules for the application of Council Regulation
(EC) No 603/95 on the common organisation of the
market in dried fodder (3), as last amended by Regulation
(EC) No 1794/97 (4), stipulates that the driers to be used
for the dehydration of fodder must reach an air tempera-
ture at the entry point not less than 93 (cid:190)C;

Whereas a large number of scientific studies show that
high-temperature fodder drying safeguards the nutritional
value of a high-quality product, in particular its beta-caro-
tene content;

Whereas a small number of horizontal belt driers
producing an air temperature at the entry point of a least
110 (cid:190)C are currently in use in some Member States;
whereas these are small, low-capacity installations whose
operating temperature cannot be increased without
considerable technical modifications; whereas they may,
therefore, be granted a derogation from the requirement
for a minimum drying temperature of 350 (cid:190)C, on the
understanding that no new installations of this type will
the 1999/2000
be approved after
marketing year;

the beginning of

Whereas Article 15(b) of Regulation (EC) No 785/95
provides that Member States must inform the Commis-
sion of
the areas and quantities covered by delivery
contracts and declarations; whereas experience has shown
that that notification can be the source of contradictory
and unsatisfactory information; whereas it should there-
fore be abolished;

Whereas the Management Committee for Dried Fodder
has not delivered an opinion within the timelimit set by
its chairman,

by price

reductions

Whereas the situation on the market in dried fodder,
characterised
and production
increases, is such that it is necessary to guarantee supplies
of a finished product of high nutritional quality obtained
under comparable competitive conditions and to justify
the amount of aid granted as a contribution to processing
costs; whereas that objective can be achieved by extending
the practice of high-temperature drying;

HAS ADOPTED THIS REGULATION:

Article 1

Whereas fodder processing is carried out at high tempera-
ture in most processing plants; whereas provision should
therefore be made for those plants still operating at an air
temperature at the entry point of 93 (cid:190)C to be modified
within a reasonable time limit so as to conform to that
practice;

Whereas the technical modifications needed for that
purpose make confirmation of approval of the plant by
the competent authority indispensable;

(1) OJ L 63, 21. 3. 1995, p. 1.
(2) OJ L 131, 15. 6. 1995, p. 1.
(3) OJ L 79, 7. 4. 1995, p. 5.
(4) OJ L 255, 18. 9. 1997, p. 12.

Regulation (EC) No 785/95 is hereby amended as follows:

1. in Article 2(2)(a), the first indent is replaced by the

following:

‘— air temperature at the entry point not less than
350 (cid:190)C; however, horizontal belt driers producing
an air temperature at the entry point of not less
than 110 (cid:190)C approved before the beginning of the
1999/2000 marketing year need not comply with
this requirement,';

2. in Article 15, point (b) is deleted.

27. 3. 1999

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Official Journal of the European Communities

L 83/41

Article 2

1.
The technical modifications to driers made neces-
sary by Article 1(1) shall be carried out without prejudice
to the obligation to notify the competent authority within
the time limit laid down in the last subparagraph of
Article 4(1)(a) of Regulation (EC) No 785/95 in order to
obtain confirmation of approval.

marketing year and consequently eligible for the deroga-
tion provided for in Article 1(1).

Article 3

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the
European Communities.

2.
The Member States shall send the Commission, by
15 May 1999, a list of horizontal belt driers granted
the 1999/2000
the beginning of
approval before

It shall apply from the date of its entry into force, with
the exception of Article 1(1), which shall apply from 1
April 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 26 March 1999.

For the Commission

Franz FISCHLER

Member of the Commission