Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder
Date: 2001-01-12
Institutions: European Commission
Subjects: EU aid, intervention buying, market intervention, private stock, skimmed milk powder, storage

L 37/100

EN

Official Journal of the European Communities

7.2.2001

COMMISSION REGULATION (EC) No 214/2001

of 12 January 2001

laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards
intervention on the market in skimmed-milk powder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

governing quality control should also be specified and, if
the situation so requires, provision should be made for
checks of the radioactivity in skimmed-milk powder, the
maximum levels of which need to be established, where
appropriate, by Community legislation.

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as amended by Regulation (EC) No
1040/2000 (2), and in particular Article 10 thereof,

(3)

Whereas:

(1)

the experience gained,

Regulation (EC) No 1255/1999 replaced Council Regula-
inter alia, Council
tion (EEC) No 804/68 (3) and also,
Regulation (EEC) No 777/87 (4) dealing with the
buying-in arrangements for butter and skimmed-milk
powder. In view of those new arrangements and in the
the detailed rules
light of
governing intervention on the market in skimmed-milk
powder should be amended. In the interests of clarity,
therefore, the recasting of the specific regulations which
previously governed the various aspects of intervention,
namely Commission Regulations (EEC) No 2213/76 of
10 September 1976 on the sale of skimmed-milk
powder from public storage (5), as last amended by
Regulation (EC) No 2080/96 (6), (EEC) No 1362/87 of
18 May 1987 laying down detailed rules for the applica-
tion of Regulation (EEC) No 777/87 with respect to the
buying-in and the granting of aid for the private storage
of skimmed-milk powder (7), as last amended by Regula-
tion (EC) No 569/96 (8), (EEC) No 1158/91 of 3 May
1991 on the buying-in by tender of skimmed-milk
powder to intervention agencies (9), as last amended by
Regulation (EC) No 124/1999 (10), and (EC) No 322/96
of 22 February 1996 laying down detailed rules of
application for the public storage of skimmed-milk
powder (11), as last amended by Regulation (EC) No 419/
98 (12),
should be undertaken and their provisions
should be brought together in a single regulation.

(2)

The intervention agencies may only buy in skimmed-
milk powder which meets the requirements laid down in
Article 7(1) of Regulation (EC) No 1255/1999 as well as
the conditions of quality and presentation, which need
to be defined. The methods of analysis and detailed rules

(4)

(5)

(6)

(7)

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 118, 19.5.2000, p. 1.
(3) OJ L 148, 28.6.1968, p. 13.
(4) OJ L 78, 20.3.1987, p. 10.
(5) OJ L 249, 11.9.1976, p. 6.
(6) OJ L 279, 31.10.1996, p. 15.
(7) OJ L 129, 19.5.1987, p. 9.
(8) OJ L 80, 30.3.1996, p. 48.
(9) OJ L 112, 4.5.1991, p. 65.
(10) OJ L 16, 21.1.1999, p. 19.
(11) OJ L 45, 23.2.1996, p. 5.
(12) OJ L 52, 21.2.1998, p. 20.

To ensure that the intervention arrangements function
smoothly, it is necessary to specify the conditions for the
approval of manufacturing undertakings and verification
of compliance therewith. To ensure that the arrange-
ments are effective, provision should be made for action
to be taken if these conditions are not complied with.
Since skimmed-milk powder may be bought in by an
intervention agency belonging to a Member State other
than that on whose territory it was produced, the inter-
vention agency which does the buying-in should be able
to verify that
the conditions relating to quality and
presentation are complied with in such cases.

the

Community

Failure to comply with such requirements should not
burden
non-compliant
skimmed-milk powder should therefore be taken back
by the operator, who should be made to bear the storage
costs incurred.

budget;

The minimum quantity offered for sale should be speci-
fied. Offers should be accompanied by a security,
in
order to guarantee that the offer will be maintained and
that the skimmed-milk powder will be delivered within
the time limits to be laid down.

Under Article 7 of Regulation (EC) No 1255/1999, inter-
vention agencies may buy in only skimmed-milk powder
which has a minimum protein content. Furthermore, the
buying-in price may vary according to the protein
content. The method for calculating the buying-in price
should be defined.

Member States' obligations should be specified with a
view to the proper management of stocks in storage, by
stipulating a maximum distance for the place of storage
and the costs to be borne when that distance is
exceeded, and requiring,
in particular, that stocks be
accessible, that batches be identified and that skimmed-
milk powder in storage be insured against risks. In order
to ensure a uniform frequency and level of checks, it is
necessary to specify the nature and number of inspec-
tions of storage premises to be performed by the
national authorities. Since intervention agencies are

7.2.2001

EN

Official Journal of the European Communities

L 37/101

bound by existing contracts for the current storage
period, provision should be made whereby the new
requirements to be met by storage depots regarding
entry into and removal from storage will apply only to
quantities of skimmed-milk powder bought into inter-
vention from 1 September 2000.

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

(8)

(9)

for

the time limits

Under Article 7(2) of Regulation (EC) No 1255/1999,
the buying-in of
skimmed-milk powder may be
suspended as soon as the quantities offered for interven-
tion in the period from 1 March to 31 August each year
exceed 109 000 tonnes. When that occurs, buying-in
may be performed under a standing invitation to tender,
the detailed rules for which need to be laid down. The
components of the tender, particularly the minimum
quantity,
submission and the
maximum buying-in price should be defined. To ensure
compliance with the requirements as to the quality and
presentation of the skimmed-milk powder at the time of
the tender and after entry into storage, tenderers should
be required to submit a written undertaking to that
effect, together with their tender. A security should also
accompany a tender,
in order to guarantee that the
tender will be maintained after the closing date for
submission of
the skimmed-milk
powder will be delivered within certain deadlines to be
laid down. Furthermore, the method used for calculating
the buying-in price by reference to the protein content
of
in should be
defined.

the skimmed-milk powder bought

tenders and that

Proper management of intervention stock requires the
skimmed-milk powder to be resold as soon as outlets
become available. To ensure equal access to skimmed-
milk powder for sale, all interested parties should be able
to buy. In order not to destabilise the market, the selling
price should be fixed having regard to the market situa-
tion. Conditions for sale, entailing the lodging of a
performance bond, should be laid down, particularly as
regards the taking-over of the skimmed-milk powder
and the time limits for payment. In order to monitor the
situation of stocks, Member States should inform the
Commission of the quantities of skimmed-milk powder
sold.

(10) Article 7(3) of Regulation (EC) No 1255/1999 provides
for aid to be granted for the private storage of skimmed-
milk powder. To ensure that the arrangements can be
monitored properly, provision should be made for a
contract and a set of specifications regarding storage
conditions. For the same reason, detailed rules should
also be laid down regarding documentation, accounting
and the frequency of checks and inspection procedures,
particularly in respect of the requirements laid down in
Article 7(3). To facilitate checks on the presence of
products stored under private storage contracts, there
should be provision for them to be removed from
storage in lots unless the Member State authorises
removal of a smaller quantity.

CHAPTER I

SCOPE

Article 1

This Regulation lays down the detailed rules for intervention
on the market in skimmed-milk powder as provided for in
Article 7 of Regulation (EC) No 1255/1999, as regards:

(a) buying-in at the intervention price;

(b) buying-in under a standing invitation to tender;

(c) the sale at a fixed price of skimmed-milk powder from

public storage;

(d) the grant of private storage aid.

CHAPTER II

PUBLIC STORAGE

S e c t i o n 1

Conditions for buying-in

Article 2

1.
The intervention agencies shall buy in only skimmed-milk
powder which complies with the first and second subpara-
graphs of Article 7(1) of Regulation (EC) No 1255/1999 and
paragraphs 2 to 7 of this Article and which is offered for
intervention in the period from 1 March to 31 August.

2.
The competent authorities shall check the quality of
skimmed-milk powder using the analytical methods set out in
Annex I on the basis of samples taken in accordance with the
rules set out in Annex III. The checks must establish that the
skimmed-milk powder does not contain other products,
in
particular buttermilk or whey, as defined in Annex I.

However, if the Commission so agrees, Member States may set
up a system of self-checking under their own supervision for
certain quality requirements and certain approved undertak-
ings.

3.
Radioactivity levels in the skimmed-milk powder may not
exceed the maximum levels permitted, where applicable, under
Community rules.

The level of radioactive contamination of the product shall be
monitored if the situation so requires and during the period
necessary only. Where necessary, the duration and scope of
checks shall be determined in accordance with the procedure
laid down in Article 42 of Regulation (EC) No 1255/1999.

L 37/102

EN

Official Journal of the European Communities

7.2.2001

The skimmed-milk powder must have been manufactured
4.
during the 30 days preceding the day on which the interven-
tion agency received the offer to sell. If the skimmed-milk
powder is stored in silos,
it must have been manufactured
during the four weeks preceding the week during which the
offer was received.

5.
The minimum quantity offered for sale shall be 20
tonnes. Member States may require skimmed-milk powder to
be offered by the complete tonne only.

6.
The skimmed-milk powder shall be put up in bags of a
net weight of 25 kg meeting the requirements laid down in
Annex II and showing the following particulars, where appro-
priate in code:

(a) the approval number

identifying the factory and the

Member State of manufacture;

(b) the date or, where appropriate, the week of manufacture;

(c) the number of the manufacturing batch;

(d) the description ‘spray skimmed-milk powder’.

inspections, on the basis of the intervention skimmed-milk
powder production schedule of the undertakings concerned.

They shall carry out at least:

(a) one inspection per period of 28 days of manufacture for
intervention, with at least one inspection every six months,
to examine the records referred to in paragraph 1(b);

(b) one inspection every six months, to verify compliance with
the other approval requirements referred to in paragraph 1.

3.
Approval shall be withdrawn if the prior requirements
laid down in paragraph 1(a) are no longer satisfied. Approval
may be reinstated after no less than six months, at the request
of the undertaking concerned, following an in-depth inspec-
tion.

Where an undertaking is found not to have complied with one
of its undertakings as referred to in paragraph 1(b), (c) and (d),
except in cases of force majeure, approval shall be suspended for
a period of between 1 and 12 months, depending on the
seriousness of the irregularity.

The skimmed-milk powder shall be delivered on pallets

7.
suitable for long-term storage:

If delivery is on expendable pallets, the buying-in price of the
skimmed-milk powder shall cover purchase of the pallet.

A Member State shall not impose the said suspension where it
finds that the irregularity was not committed deliberately or as
a result of serious negligence and that it is of minimal import-
ance in terms of the effectiveness of the checks provided for in
paragraph 2.

If delivery is on EUR palettes or palettes of a comparable
quality, they shall be returned to the seller or exchanged against
equivalent palettes not later than on removal from storage.

A report shall be drawn up on the inspections carried out

4.
under paragraphs 2 and 3 specifying:

Article 3

Undertakings as referred to in Article 7(1) of Regulation

1.
(EC) No 1255/1999 shall be approved only if they:

(a) are approved in accordance with Article 10 of Council
Directive 92/46/EEC (1), and have the appropriate technical
equipment;

(b) undertake to keep permanent records in the form deter-
mined by the competent agency of each Member State,
listing the origin of the raw materials, the quantities of
skimmed-milk powder, buttermilk and whey obtained and
the market preparation, identification and exit date of each
batch of skimmed-milk powder, buttermilk and whey;

(c) agree to submit their production of skimmed-milk powder
liable to be offered for intervention to a specific official
inspection;

(d) undertake to inform the body responsible for inspection, at
least two working days in advance, of their intention to
manufacture skimmed-milk powder for public intervention;
however, the Member State may set a shorter time limit.

To ensure

2.
the
competent authorities shall carry out unannounced on-the-spot

compliance with this Regulation,

(1) OJ L 268, 14.9.1992, p. 1.

(a) the date of the check;

(b) its duration;

(c) the operations carried out.

The report shall be signed by the inspector responsible and
notified to the undertaking.

5. Member States shall inform the Commission of the meas-
ures taken with regard to the inspections provided for in
paragraphs 2 and 3 within one month of their adoption.

Article 4

1. Where skimmed-milk powder is offered for intervention
in a Member State other than that in which it was manufac-
tured, buying-in shall be subject to presentation, no later than
45 days after the day on which the offer was received, of a
certificate supplied by the competent agency of the Member
State of manufacture.

The certificate shall contain the information referred to in
points (a), (b) and (c) of Article 2(6) and a confirmation that the
skimmed-milk powder has been produced directly and exclu-
sively from skimmed milk, within the meaning of Article 7(5)
of Regulation (EC) No 1255/1999, in an approved undertaking
in the Community.

7.2.2001

EN

Official Journal of the European Communities

L 37/103

2. Where the Member State of manufacture has performed
the checks referred to in Article 2(2), the certificate shall also
those checks and confirm that
contain the results of
the
product
skimmed-milk powder within the
concerned is
meaning of Article 7(1) of Regulation (EC) No 1255/1999. In
that case, the bags referred to in Article 2(6) shall be sealed
with a numbered label issued by the competent authority of
the Member State of manufacture. The number shall be entered
on the certificate referred to in paragraph 1.

primary requirements within the meaning of Article 20 of
Commission Regulation (EEC) No 2220/85 (1).

Article 7

1.
After checking the offer, and within five working days
following the day of receipt, the intervention agency shall issue
a dated and numbered delivery order showing:

S e c t i o n 2

(a) the quantity of the skimmed-milk powder to be delivered;

Procedure for buying-in at the intervention price

(b) the final date for delivery;

Article 5

1.

Offers shall give:

(a) the name and address of the seller;

(b) the quantity offered;

(c) the place where the skimmed-milk powder is held.

(c) the storage depot to which it must be delivered.

2.
The skimmed-milk powder shall be delivered within 28
days of the day of receipt of the offer to sell. Delivery may be
in several consignments.

3.
The security referred to in point (c) of Article 5(3) shall
be released as soon as the quantity indicated in the offer has
been delivered.

2.
The intervention agency shall register the date on which
the offer is received, the corresponding quantities and dates of
manufacture and the place at which the skimmed-milk powder
is stored.

However, where the checks referred to in Article 2(2) show
that
the skimmed-milk powder does not conform to the
requirements laid down in that Article, the security shall never-
theless be released for the quantities not yet delivered.

Where buying-in at the intervention price is suspended in
accordance with the first subparagraph of Article 7(2) of Regu-
lation (EC) No 1255/1999, reception and registration of offers
shall be interrupted from the day following that on which the
suspension decision is taken.

4.
The skimmed-milk powder shall be deemed to be taken
over by the intervention agency on the day when the full
quantity of skimmed-milk powder covered by the offer enters
the storage depot designated by the intervention agency, but no
earlier than the day after the delivery order is issued.

3.

Offers shall be valid only if:

(a) they relate to a quantity of skimmed-milk powder meeting

the requirements of Article 2(5);

(b) they are accompanied by a written undertaking by the

seller to comply with Articles 2(4) and 9;

(c) proof is furnished that the seller has lodged a security of
EUR 2 per 100 kg in the Member State in which the offer
is submitted, no later than the day on which the offer is
received.

4.
The undertaking provided for in paragraph 3(b), if sent
initially to the intervention agency, shall be valid by tacit
renewal for subsequent offers until explicitly cancelled by the
seller or the intervention agency, provided that:

(a) the original offer stipulates that the seller intends to avail

himself of this provision;

(b) subsequent offers refer to this provision (by a reference to
‘Article 5(4)’) and to the date of the original offer.

Article 6

Maintenance of the offer and delivery of the skimmed-milk
powder to the depot designated by the intervention agency
within the time limit laid down in Article 7(2) shall constitute

Except in cases of force majeure, where the seller fails to
5.
deliver within the time limit laid down, not only shall the
security provided for in point (c) of Article 5(3) be forfeit in
proportion to the quantities not delivered, but buying-in shall
also be cancelled in respect of the remaining quantities.

Article 8

1.
The intervention agency shall pay for the skimmed-milk
powder taken over between the 120th and the 140th day
following the date of taking-over, provided that it is found to
comply with the requirements laid down in Article 2.

2. Where the protein content of the non-fat dry matter,
determined using the method described in Annex I, is 35,6 %
or more, the buying-in price shall be equal to the intervention
price applicable on the day on which the skimmed-milk
powder was manufactured.

Where that protein content is 31,4 % or more but less than
35,6 %, the buying-in price shall be equal to the intervention
price less an amount calculated as follows:

intervention price × ((0,356 – protein content) × 1,75).

(1) OJ L 205, 3.8.1985, p. 5.

L 37/104

EN

Official Journal of the European Communities

7.2.2001

Article 9

transport costs. In that case the intervention agency shall notify
the Commission of its choice forthwith.

In making the offer the seller shall undertake, should the
inspection show that
the skimmed milk powder does not
comply with the requirements laid down in Article 2:

(a) to take back the goods in question;

(b) before taking back the goods, to pay the storage costs for
the quantities concerned from the date they are taken over
to the date of their removal from storage.

The storage costs due shall be determined on the basis of
flat-rate amounts for entry, removal and storage costs, set
pursuant to Article 6 of Council Regulation (EEC) No 1883/
78 (1).

S e c t i o n 3

Entry into and removal from storage

Article 10

The stores referred to in the fourth subparagraph of

1.
Article 7(1) of Regulation (EC) No 1255/1999 shall:

(a) be dry, well maintained and free of vermin;

(b) be free of extraneous odours;

(c) permit good ventilation;

(d) have a capacity of at

least 1 000 tonnes and removal
facilities able to accommodate the removal each day of at
least 3 % of the quantity stored in the depot, at a minimum
rate of 100 tonnes per day. For the purposes of
this
requirement, only the quantities of skimmed-milk powder
bought in from 1 September 2000 shall be taken into
account.

The risks of storing the skimmed-milk powder shall be covered
by insurance in the form of either a contractual obligation on
storers or a comprehensive coverage of the liability borne by
the intervention agency. The Member State may also act as its
own insurer.

2.
The intervention agencies shall require that the skimmed-
milk powder be placed and kept in storage on pallets and in
easily identifiable and readily accessible lots.

3.
The competent authority responsible for inspection shall
check on the presence of the products in the depot as provided
for in Article 4 of Commission Regulation (EC) No 2148/
96 (2).

Article 11

1.
The intervention agency shall choose the available storage
depot nearest to the place where the skimmed-milk powder is
stored.

it may choose another depot situated within the
However,
distance referred to in paragraph 2. It may choose a depot
situated beyond that distance, taking account of storage and

(1) OJ L 216, 5.8.1978, p. 1.
(2) OJ L 288, 9.11.1996, p. 6.

2.
The maximum distance referred to in the third subpara-
graph of Article 7(1) of Regulation (EC) No 1255/1999 shall be
350 km. Beyond that distance, the additional transport costs
borne by the intervention agency shall be EUR 0,05 per tonne
and per kilometre.

However, where the intervention agency buying in the
skimmed-milk powder offered for sale is in a Member State
other than that in whose territory it is stored, no account shall
be taken of the distance between the storage depot of the seller
and the border of the Member State of the purchasing interven-
tion agency when calculating the maximum distance referred to
in the first subparagraph.

Article 12

1.
At the time of removal from storage, the intervention
agency shall make the skimmed-milk powder available on
pallets at the depot's loading bay, loaded onto the means of
transport but not stowed.

Where the skimmed-milk powder is made available on EUR
pallets or pallets of comparable quality, the buyer shall return
equivalent pallets to the intervention agency on removal from
storage.

2.
The stowage costs and any depalletising costs shall be
borne by the buyer of the skimmed milk powder. These costs
shall be fixed by the Member State on a flat-rate basis and
notified on request to interested parties. The Commission shall
be informed thereof within one month following adoption of
this Regulation and prior to any changes subsequently made.

S e c t i o n 4

Special

rules

applicable

to buying-in by tendering

procedure

Article 13

Where the Commission decides that skimmed-milk powder is
to be bought in through an open standing invitation to tender
pursuant to Article 7(2) of Regulation (EC) No 1255/1999 and
in accordance with the procedure under Article 42 thereof,
Articles 2, 3, 4, 10, 11 and 12 of this Regulation shall apply
unless otherwise provided in this section.

Article 14

Notices of invitation to tender shall be published in the

1.
Official Journal of the European Communities.

2.
The period for the submission of tenders for each round
shall expire at 12 noon (Brussels time), on the second and
fourth Tuesdays of the month, except for the second Tuesday
in August. If the Tuesday is a public holiday, the closing date
shall be the last preceding working day at noon (Brussels time).

7.2.2001

EN

Official Journal of the European Communities

L 37/105

Article 15

requirements within the meaning of Article 20 of Regulation
(EEC) No 2220/85.

Interested parties

1.
shall participate in the tendering
procedure announced by the intervention agency of a Member
State, either by submitting a written tender against a receipt or
by any means of telecommunication with proof of receipt.

2.

Tenders must give:

(a) the name and address of the tenderer;

(b) the quantity offered;

(c) the proposed price per 100 kg of skimmed-milk powder,
not including national taxes, delivered on pallets to the
loading bay of the storage depot, in euro to no more than
two decimal places;

(d) the place at which the skimmed-milk powder is stored.

3.

Tenders shall be valid only if:

(a) they relate to skimmed-milk powder manufactured during
the 21 days or, where applicable, three weeks preceding the
closing date for submission of tenders as referred to in
Article 14(2). Where the interval between two invitations
to tender is longer than 21 days, the skimmed-milk powder
may have been manufactured during that period;

(b) they relate

to a quantity of

skimmed-milk powder

complying with Article 2(5);

(c) they are accompanied by a written undertaking from the
tenderer to comply with point (a) of this paragraph and
with Article 9;

(d) proof is furnished that the tenderer has lodged a security of
EUR 2 per 100 kg for the invitation to tender concerned,
in the Member State in which the tender was submitted,
before the closing date for submission of tenders.

The undertaking provided for in point (c) of paragraph 3,
4.
if forwarded initially to the intervention agency, shall be valid
by tacit
explicitly
subsequent
cancelled by the tenderer or the intervention agency, provided
that:

tenders until

renewal

for

(a) the original tender stipulates that the tenderer intends to

avail himself of this provision,

(b) subsequent tenders refer to this provision (by reference to
‘Article 15(4)’) and to the date of the original tender.

Tenders may not be withdrawn after the closing date
tenders

5.
referred to in Article 14(2)
relating to the invitation to tender concerned.

for the submission of

Article 16

Maintenance of the tender after the closing date for submission
of tenders and delivery of the skimmed-milk powder to the
depot designated by the intervention agency within the time
laid down in Article 19(3) shall constitute primary
limit

Article 17

1. Member States shall
the
quantities and prices offered by tenderers, no later than 9.00
a.m. (Brussels time) on the day after the closing date referred to
in Article 14(2).

inform the Commission of

2.
In the light of the tenders received for each invitation to
tender, the Commission shall fix a maximum buying-in price,
by reference to the intervention prices applicable, in accord-
ance with the procedure laid down in Article 42 of Regulation
(EC) No 1255/1999.

The Commission may decide to make no award under

3.
the round.

Article 18

1.
Tenders shall be refused if the price proposed is higher
than the maximum price referred to in Article 17(2) fixed for
the invitation to tender concerned.

Rights and obligations arising under invitations to tender

2.
shall not be transferable.

Article 19

The intervention agency shall

1.
inform tenderers imme-
diately of the outcome of their participation in the invitation to
tender.

Where tenders have been unsuccessful, the security referred to
in point (d) of Article 15(3) shall be released immediately.

The intervention agency shall

immediately issue to
2.
successful tenderers a dated and numbered delivery order indic-
ating:

(a) the quantity to be delivered;

(b) the final date for delivery of the skimmed-milk powder;

(c) the storage depot to which it must be delivered.

tenderers

Successful

the skimmed-milk
3.
powder not later than 28 days after the closing date for the
submission of
tenders. Delivery may be made in several
consignments.

shall deliver

4.
The security shall be released as soon as the successful
tenderer has delivered the quantity indicated on the delivery
order within the time limit laid down.

Except in cases of

force majeure, where the successful
5.
tenderer fails to deliver within the time limit laid down, not
only shall the security provided for in point (d) of Article 15(3)
be forfeit in proportion to the quantities not delivered, but
buying-in shall also be cancelled in respect of the remaining
quantities.

L 37/106

EN

Official Journal of the European Communities

7.2.2001

Article 20

1.
The intervention agency shall pay the successful tenderer
the price indicated in paragraph 2 of this Article, between the
120th and the 140th day following the date on which the
skimmed-milk powder is taken over, provided that it is found
to comply with Article 2(1), (2), (3), (5), (6) and (7) and Article
15(3)(a).

2. Where the protein content of the non-fat dry matter,
determined using the method described in Annex I, is 35,6 %
or more, the buying-in price shall be equal to the price indic-
ated in the tender.

Where that protein content is 31,4 % or more but less than
35,6 %, the buying-in price shall be equal to the price indicated
in the tender less an amount calculated as follows:

price tendered × ((0,356 – protein content) × 1,75).

3.
The skimmed-milk powder shall be deemed to be taken
over by the intervention agency on the day when full quantity
of skimmed-milk powder covered by the tender enters the
storage depot designated by the intervention agency, but no
earlier than the day after the delivery order is issued.

S e c t i o n 5

Sales

Article 21

Intervention agencies in the Member States shall sell to any
interested party skimmed-milk powder which they hold and
which entered storage before 1 September 1997.

Article 22

Skimmed-milk powder shall be sold ex-storage depot at a
1.
price equal to the intervention price fixed in Article 4(1)(b) of
Regulation (EC) No 1255/1999 and applying on the day on
which the sale contract is concluded, plus EUR 1 per 100 kg.

2.

Applications to purchase shall state:

(a) the name and address of the buyer;

(b) the quantity desired;

(c) where applicable,

powder is stored and,

the depot where the skimmed-milk
if desired, a substitute depot.

3.

Applications to purchase shall be valid only if:

(b) proof is furnished that the buyer has lodged a security
equal to EUR 7 per 100 kg, in order to ensure that the
primary requirements within the meaning of Article 20 of
Regulation (EEC) No 2220/85 are fulfilled as regards the
taking over of the skimmed-milk powder within the time
limit laid down in the first subparagraph of Article 24(1) of
this Regulation.

Article 23

1.
For the purposes of sale, the intervention agency shall
award the skimmed-milk powder according to the date when it
was placed in storage, starting with the oldest of the total
available quantity or, as the case may be, the quantity available
in the storage depot or depots designated by the buyer.

2. Where acceptance of an application to purchase would
result in the sale of a quantity exceeding the skimmed-milk
powder still available in the depot concerned, only the quantity
available shall be awarded to the buyer in question. However,
the intervention agency may designate other depots to make
up the quantity applied for, provided that the buyer agrees.

3. Where the acceptance of two or more applications to
purchase skimmed-milk powder in a particular depot would
lead to the sale of a quantity in excess of that available, the
award shall be made by allocating the quantity available in
proportion to the quantities applied for. However, should such
allocation lead to the award of quantities of less than five
tonnes, the award shall be made by drawing lots.

4.
All valid applications to purchase reaching the interven-
tion agency on the same day shall be deemed to have been
submitted at the same time.

5.
Intervention agencies shall make the necessary arrange-
ments to enable interested parties to examine samples of the
skimmed-milk powder put up for sale at their own expense
before concluding the contract of sale.

Article 24

The buyer

1.
the skimmed-milk
powder within one month from the date of conclusion of the
contract of sale.

take delivery of

shall

Delivery may be taken in instalments of not less than 10
tonnes each. However, where the remaining quantity in a
storage depot is less than 10 tonnes, that remaining quantity
may be delivered.

2.
Before taking delivery of each quantity of skimmed-milk
powder, the buyer shall pay the intervention agency the price
corresponding to the quantity being delivered.

(a) they relate to at

least 10 tonnes: however, where the
remaining quantity in a storage depot
is less than 10
tonnes, the sale shall relate to that remaining quantity;

3.
Except in cases of force majeure, the sales contract shall be
terminated in respect of any quantities of which the buyer has
not taken delivery within the period specified in paragraph 1.

7.2.2001

EN

Official Journal of the European Communities

L 37/107

The security provided for in point (b) of Article 22(3)
4.
shall be forfeit in respect of any quantities for which the
contract of sale is terminated in accordance with paragraph 3
of this Article. It shall be released immediately in respect of
quantities of which delivery is taken within the prescribed
period.

5.
In the event of force majeure the intervention agency shall
take such action as it considers necessary having regard to the
circumstances invoked.

production of skimmed-milk powder liable to be covered
by a storage contract to a specific official

inspection;

(c) has a radioactivity level not exceeding the maximum levels

referred to in Article 2(3);

(d) is stored in bags with a net content of 25 kg or in ‘big
bags’ weighing no more than 1 500 kg, bearing the
following information, where appropriate in code:

(i) the approval number identifying the factory and the

Member State of manufacture,

(ii) the date or week of manufacture,

CHAPTER III

(iii) the number of the manufacturing batch,

PRIVATE STORAGE

S e c t i o n 1

Contract and storage conditions

Article 25

For the purposes of this chapter:

(a) ‘storage lot’ means a quantity weighing at least 10 tonnes
and of homogeneous composition and quality, originating
in a single factory, taken into storage in a single depot on a
single day;

(b) ‘day of commencement of contractual storage’ means the

day following that of entry into store;

(c) ‘last day of contractual storage’ means the day before that

of removal from storage.

Article 26

Where the Commission decides to grant aid for the private
storage of skimmed-milk powder in accordance with Article
7(3) of Regulation (EC) No 1255/1999, private storage
contracts shall be concluded between the intervention agency
of the Member State on whose territory the skimmed-milk
powder is stored and natural or legal persons, hereinafter called
‘contractors’.

Article 27

Private storage contracts may be concluded only for skimmed-
milk powder, as referred to in the first subparagraph of Article
7(3) of Regulation (EC) No 1255/1999, which:

(a) contains not more than 11 % fat and 5 % water and has a
protein content of the non-fat dry matter of at least 31,4 %;

(b) has been manufactured during the 28 days or four weeks
preceding the day of commencement of contractual storage
in an undertaking approved in accordance with points (a)
and (b) of Article 3(1) and which agrees to submit its

(iv) the net weight;

(e) has not been placed under the arrangements referred to in
Article 5(1) of Council Regulation (EEC) No 565/80 (1);
subsequent placing under those arrangements shall be
regarded as ending the contractual storage period.

Article 28

1.
Storage contracts shall be concluded in writing for one or
more storage lots and shall include, in particular, provisions
concerning:

(a) the quantity of
contract applies;

skimmed-milk powder

to which the

(b) the amount of aid;

(c) the dates relating to the execution of the contract, without
prejudice to a Commission decision pursuant to the second
sentence of the third subparagraph of Article 7(3) of Regu-
lation (EC) No 1255/1999 and in accordance with the
procedure under Article 42 thereof;

(d) the identity of the storage depots.

2.
The checks, particularly those referred to in Article 33,
shall be the subject of specifications drawn up by the interven-
tion agency of
the Member State of storage. The storage
contract shall refer to these specifications.

Article 29

1.
The periods of entry into and removal from storage shall
be fixed at the time of the decision to grant private storage aid
for skimmed-milk powder.

2.
Removal from storage shall be in whole storage lots.
However, in the circumstances referred to in point (a) of Article
33(2), only a sealed quantity may be removed from storage.

Article 30

1.
Applications to conclude contracts with the intervention
agency may relate only to lots of skimmed-milk powder which
have been fully taken into storage.

(1) OJ L 62, 7.3.1980, p. 5.

L 37/108

EN

Official Journal of the European Communities

7.2.2001

Applications must reach the intervention agency within no
more than 30 days of the date of entry into storage. Interven-
tion agencies shall register the date of receipt.

(a) the storage lot number of the products placed in private

storage;

(b) the dates of entry into and removal from storage;

If an application reaches the intervention agency within 10
working days following the deadline, a storage contract may
still be concluded but the aid shall be reduced by 30 %.

(c) the quantity of
storage lot;

skimmed-milk powder,

indicated per

Storage contracts shall be concluded within no more than

2.
30 days of the date of registration of the application.

Article 31

Where the skimmed-milk powder is stored in a Member State
other than the Member State of manufacture, a storage contract
as referred to in Article 30 may be concluded only on condi-
tion that a certificate supplied by the competent agency of the
Member State of manufacture is presented within 50 days of
the date on which the skimmed-milk powder entered storage.

This certificate shall indicate the approval number identifying
the factory and the Member State of manufacture, the date or
week of manufacture and the number of the manufacturing
batch, and shall confirm that
the product concerned is
skimmed-milk powder as referred to in the first subparagraph
of Article 7(3) of Regulation (EC) No 1255/1999.

In the case referred to in the first paragraph of this Article,
storage contracts shall be concluded within no more than 60
days of the date of registration of the application.

S e c t i o n 2

Checks

Article 32

The Member State shall ensure that all the conditions

1.
conferring entitlement to payment of the aid are fulfilled.

2.
The contractor or, at the request of the Member State or
with its authorisation, the person responsible for the storage
depot, shall make available to the competent authority respon-
sible for inspection any documentation permitting verification
of
the following particulars of products placed in private
storage:

(a) the approval number

identifying the factory and the

Member State of manufacture;

(b) the date of manufacture;

(c) the date of entry into storage;

(d) the manufacturing batch number;

(e) presence in the depot and the address of the depot;

(f) the date of removal from storage.

(d) the location of the products in the depot.

4.
Products stored shall be easily identifiable and easily
accessible. They shall be identified individually by contract.

Article 33

1.
On entry into storage the competent authority shall
conduct checks within the period beginning on the date of
entry into the store and ending 28 days after the date of
registration of the application for conclusion of the contract.

To ensure that the products stored are eligible for aid, the
checks shall be made on a representative sample of at least 5 %
of the quantities placed in storage to ensure that the storage
lots in their entirety physically conform to the application for
conclusion of a contract as regards the weight, identification
and nature of the products.

2.

The competent authority shall:

(a) either seal the products by contract, storage lot or smaller
quantity at the time of the check provided for in paragraph
1;

(b) or make an unannounced check, by random sampling, to
ensure that the products are present in the depot. The
random sample concerned shall be representative and shall
correspond to at least 10 % of the total quantity under
contract for a private storage aid measure.

At

the end of

the
the contractual
3.
competent authority shall check, by random sampling, to verify
weight and identification. However, where the skimmed-milk
powder is still in storage after expiry of the maximum contrac-
tual storage period, this check may be made when the product
is removed from storage.

storage period,

For the purposes of the check, the contractor shall inform the
competent authority, indicating the storage lots concerned, at
least five working days before:

(a) the end of the maximum contractual storage period of 180

days;

or

(b) the start of the removal operations, where these take place

during or after the 180 day period.

The Member State may accept a shorter time limit than five
working days.

3.
The contractor or, where applicable, the person respon-
sible for the storage depot shall keep stock records available at
the depot for each contract, covering:

A report shall be drawn up on the checks carried out

4.
under paragraphs 1, 2 and 3, specifying:

7.2.2001

EN

Official Journal of the European Communities

L 37/109

(a) the date of the check;

(b) its duration;

(c) the operations carried out.

The report shall be signed by the inspector responsible and
countersigned by the contractor or, as the case may be, the
person responsible for the storage depot, and shall be included
in the payment dossier.

In the event of irregularities affecting at least 5 % of the
5.
quantities of products checked, the check shall be extended to a
larger sample to be determined by the competent authority.

The Member States shall notify such cases to the Commission
within four weeks.

S e c t i o n 3

Storage aid

Article 34

1.
Private storage aid as provided for in Article 7(3) of
Regulation (EC) No 1255/1999 may be granted only where the
contractual storage period is between 60 and 180 days.

Where the contractor fails to comply with the time limit
referred to in Article 33(3) of this Regulation, the aid shall be
reduced by 15 % and shall be paid only in respect of the period
for which the contractor supplies satisfactory proof to the
competent authority that
the skimmed-milk powder has
remained in contractual storage.

2. Without prejudice to Article 35 of this Regulation, the
Commission shall set the amount of aid in accordance with the
second subparagraph of Article 7(3) of Regulation (EC) No
1255/1999.

3.
The aid shall be paid on application by the contractor, at
the end of the contractual storage period, within 120 days of
receipt of the application, provided that the checks referred to
in Article 33(3) have been carried out and that the conditions
for entitlement to the aid have been met.

However, if an administrative enquiry into entitlement to the
aid is under way, payment shall not be made until entitlement
has been recognised.

Article 35

If the market situation so requires, the amount of the aid, the
periods of entry into and removal
from storage and the
maximum length of storage may be altered during the year in
respect of contracts yet to be concluded.

CHAPTER IV

NOTIFICATION

Article 36

Not later than 12 noon (Brussels time) of each Wednesday, the
Member States shall inform the Commission of the quantities
of skimmed-milk powder which, during the preceding week,
have been the subject of:

(a) an offer to sell

in accordance with Article 5;

(b) a contract of sale in accordance with Article 22(1);

(c) a private storage contract in accordance with Article 28.

CHAPTER V

FINAL PROVISIONS

Article 37

Regulations (EEC) No 2213/76, (EEC) No 1362/87, (EEC) No
1158/91 and (EC) No 322/96 are hereby repealed.

References to the repealed regulations shall be construed as
references to this Regulation.

Article 38

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

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

Done at Brussels, 12 January 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 37/110

EN

Official Journal of the European Communities

7.2.2001

COMPOSITIONAL REQUIREMENTS, QUALITY CHARACTERISTICS AND ANALYTICAL METHODS

ANNEX I

Parameters

Content and quality characteristics

Reference method

Protein content

Fat content

Water content

Titratable acidity in ml of decinormal sodium
hydroxide solution

Lactate content

Additives

Phosphatase test

Solubility index

Burnt-particles index

Micro-organism content

Detection of coliforms

Detection of buttermilk (2)

Detection of rennet whey (4)

Detection of acid whey (4)

Taste and smell

Appearance

Minimum 31,4 % of the non-fat dry matter

Maximum 1.00 %

Maximum 3,5 %

Maximum 19,5 ml

Maximum 150 mg/100 g

None

Negative,
phenol per gram of constituted milk

i.e. equal to or less than 4 µg of

Maximum 0,5 ml (24 °C)

Maximum 15,0 mg,

i.e. disc B minimum

Maximum 40 000 per gram

Negative in 0,1 g

Negative (3)

None

None

Clean

White or slightly yellowish colour, free from
impurities and coloured particles

Antimicrobial substances

Negative (5)

(1)

(1)

(1)

(1)

(1)

(1)

(1)

(1)

(1)

(1)

(1)

(1)

(1)

Method approved
by the competent
authority

(1)

(1)

(1)

(1) See Commission Regulation (EC) No 213/2001 of 9 January 2001 laying down detailed rules for the application of Council Regulation
(EC) No 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products and amending Regulations (EC)
No 2771/1999 and (EC) No 2799/1999 (see page 1 of this Official Journal).

(2) ‘Buttermilk’ means the by-product of butter manufacture obtained after churning of the cream and separation of the solid fat.
(3) The absence of buttermilk can be established either by an on-the-spot inspection of the production plan carried out without prior notice
at least once a week, or by a laboratory analysis of the end product indicating a maximum of 69,31 mg of FEDP per 100 g.
(4) ‘Whey’ means the by-product of cheese or casein manufacture obtained by the action of acids, rennet and/or chemico-physical processes.
(5) Raw milk used for the manufacture of skimmed-milk powder must satisfy the requirements laid down in Part D of Chapter III of Annex

A to Directive 92/46/EEC.

7.2.2001

EN

Official Journal of the European Communities

L 37/111

ANNEX II

PACKAGING

1. The skimmed-milk powder shall be packed in new, clean, dry and intact bags with a net weight of 25 kg.

2. The bags shall have at least three layers, which together correspond to at least 420 J/m2 TEA average.

The second layer shall be covered with a layer of polyethylene of at least 15 g/m2.

Inside the paper layers, a polyethylene bag at least 0,08 mm thick shall be fused to the bottom.

3. Bags shall conform to standard EN 770.

4. When filling, the powder should be well pressed down. Loose powder must on no account be allowed to penetrate

between the various layers.

ANNEX III

SAMPLING AND ANALYSIS OF SKIMMED-MILK POWDER OFFERED FOR INTERVENTION

1. Samples shall be taken in accordance with the procedure laid down in International Standard ISO 707. However,
Member States may use another method of sampling provided that it complies with the principles of the above-
mentioned standard.

2. Number of packages to be selected for sampling checks:

(a) offers containing up to 800 25-kg bags: at least eight,

(b) offers containing more than 800 25-kg bags: at least eight, plus one for each additional 800 bags or fraction

thereof.

3. Weight of sample: samples of at least 200 g are to be taken from each package.

4. Grouping of samples: no more than nine samples are to be combined in a global sample.

5. Analysis of samples: each global sample is to undergo an analysis to verify all the quality characteristics laid down in

Annex I.

6. Where samples show defects:

(a) where a composite sample shows a defect with regard to one parameter, the quantity from which the sample came

is rejected;

(b) where a composite sample shows a defect with regard to more than one parameter, the quantity from which the
sample came is rejected and samples are taken from the remaining quantities from the same plant; the analysis of
those samples shall be decisive. In that case:
— the number of samples laid down in point 2 is doubled,
— where a composite sample shows a defect with regard to one or more parameteres, the quantity from which

the sample came is rejected.