Commission Regulation (EC) No 382/2005 of 7 March 2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder
Date: 2005-03-07
Institutions: European Commission
Subjects: EU aid, aid to agriculture, common organisation of markets, eligibility criteria, fodder, marketing standard, processing industry

L 61/4

EN

Official Journal of the European Union

8.3.2005

COMMISSION REGULATION (EC) No 382/2005

of 7 March 2005

laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the
common organisation of the market in dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1786/2003 of 29
September 2003 on the common organisation of the market in
dried fodder (1), and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 1782/2003 of 29
September 2003 establishing common rules for direct support
schemes under the common agricultural policy and establishing
certain support schemes for farmers and amending Regulations
(EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001,
(EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999,
(EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71
and (EC) No 2529/2001 (2), and in particular
the second
subparagraph of Article 71(2) thereof,

Whereas:

(1)

(2)

(3)

As Regulation (EC) No 1786/2003 has replaced Council
Regulation (EC) No 603/95 (3), new implementing rules
should be adopted. 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
in dried
common organisation of
the
fodder (4) should therefore be repealed.

the market

For the sake of clarity, a number of definitions should be
laid down.

Having regard to the conditions laid down in Article 9 of
Regulation (EC) No 1786/2003, the minimum quality for
the products in question, expressed in terms of moisture
and protein content,
should be laid down. Taking
account of commercial practices, the moisture content
should be differentiated according to certain production
processes.

(1) OJ L 270, 21.10.2003, p. 114. Regulation as amended by Regu-

lation (EC) No 583/2004 (OJ L 91, 30.3.2004, p. 1).

(2) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005,
p. 15).

(3) OJ L 63, 21.3.1995, p. 1.
(4) OJ L 79, 7.4.1995, p. 5. Regulation as last amended by Regulation

(EC) No 1413/2001 (OJ L 191, 13.7.2001, p. 8).

(4)

(5)

(6)

(7)

(8)

from areas already benefiting from an aid
Fodder
provided for
IV of Regulation (EC) No
1782/2003 should be excluded from the aid provided
for in Regulation (EC) No 1786/2003.

in Title

Article 13 of Regulation (EC) No 1786/2003 requires
Member States to carry out checks to verify that each
processing undertaking and purchaser of fodder for dehy-
drating satisfy the conditions set out in that Regulation.
In order to facilitate such checks and to ensure fulfilment
of the conditions of eligibility for aid, processing under-
takings and purchasers of fodder for dehydrating should
be subject to an approval procedure. To the same end,
the details to be included in aid applications, stock
records and delivery declarations of processing under-
supporting
takings
documents to be supplied should be specified.

specified. The other

should be

checks

should be

carried out

to ensure
Rigorous
fulfilment of the quality requirements for dried fodder
based on regular sampling of finished products leaving
undertakings. Where these products are mixed with other
materials, samples must be taken before mixing.

In order to verify that the quantities of raw materials
delivered to undertakings tally with the quantities of
dried fodder leaving them, the said undertakings should
weigh all
for processing and determine its
fodder
moisture content.

fodder

In order
for
to facilitate the marketing of
processing and to enable the competent authorities to
carry out the checks necessary for verifying entitlement
to aid, contracts between processing undertakings and
farmers should be concluded before delivery of the raw
materials and lodged with the competent authorities
before a certain date to enable them to know the
expected volume of production. To that end, contracts
must be in writing, indicate the date of conclusion, the
the
period of validity,
contracting parties and the nature of the products to
be processed and identify the agricultural parcel on
which the fodder to be processed was grown.

the names and addresses of

(9)

In certain cases there are no such contracts, and delivery
declarations,
to the conditions applicable to
contracts, must be drawn up by the processing under-
taking.

subject

(10)

In order to ensure uniform application of the system of
aid, the payment procedures should be defined.

8.3.2005

EN

Official Journal of the European Union

L 61/5

(11)

Regulation (EC) No 1786/2003 provides for a series of
checks to be carried out at each stage of the production
process, including through exchanges with the integrated
administration and control system provided for in Regu-
lation (EC) No 1782/2003. Checks on the identification
of the agricultural parcels concerned should therefore be
coordinated with the checks carried out under
that
system.

(19)

The measures provided for in this Regulation are in
accordance with the opinion of the Joint Management
Committee for Cereals and Direct Payments,

HAS ADOPTED THIS REGULATION:

(12) As this scheme is referred to in Annex V to Regulation
(EC) No 1782/2003, the competent authorities should
carry out
agricultural parcels
referred to in the contracts and/or delivery declarations
and those declared by the producers in their single aid
applications in order to prevent any unjustified aid being
granted.

cross-checks on the

(13)

To ensure compliance with the conditions laid down by
Regulation (EC) No 1786/2003 and by this Regulation,
in particular as regards eligibility for the aid, certain
reductions of and exclusions from the aid should be
laid down in order
to prevent any infringements,
having regard to the principle of proportionality and
force
the special problems
majeure or from exceptional circumstances. Reductions
and exclusions should be modulated according to the
seriousness of the irregularity committed and should go
as far as total exclusion from aid for a specified period.

resulting from cases of

(14)

In order to ensure efficient management of the market in
dried fodder, certain information must be notified to the
Commission on a regular basis.

CHAPTER 1

PURPOSE, DEFINITIONS AND CONDITIONS OF ELIGIBILITY
FOR THE AID

Article 1

Purpose

This Regulation lays down detailed rules for the application of
Regulation (EC) No 1786/2003 on the common organisation of
the market in dried fodder.

Article 2

Definitions

For the purposes of this Regulation:

1.

‘dried fodder’ means the products referred to in Article 1 of
Regulation (EC) No 1786/2003, drawing a distinction
between the following categories:

(a)

‘dehydrated fodder’, which means the artificially heat-
dried products referred to in the first and third subpa-
including ‘similar
ragraphs of point (a) of that Article,
fodder products’, in other words all artificially heat-dried
herbage
falling within CN code
1214 90 90 and in particular:

fodder products

(15)

In order to prepare the report on the sector required in
2008 under Article 23 of Regulation (EC) No
1786/2003, notifications
introduced in
relation to forage areas and energy consumption in the
production of dried fodder.

should be

— herbage legumes,

— herbage grasses,

(16)

In accordance with Article 21 of Regulation (EC) No
1786/2003,
transitional measures should be adopted
for stocks held on 31 March 2005.

(17) Where the optional transitional period provided for in
Article 71 of Regulation (EC) No 1782/2003 is applied,
the conditions of
the aid referred to in that Article
should be laid down.

— whole plants, harvested green with unripe grain, of
the cereals listed in point I of Annex IX to Regulation
(EC) No 1782/2003;

(b) ‘sun-dried fodder’, which means the products otherwise
dried and ground referred to in the second and fourth
indents of Article 1(a) of Regulation (EC) No 1786/2003;

(c)

‘protein concentrates’, which means the products referred
to in the first subparagraph of Article 1(b) of Regulation
(EC) No 1786/2003;

(18)

Regulation (EC) No 1786/2003 applies from 1 April
2005, the date on which the 2005/06 marketing year
begins. This Regulation should therefore apply from the
same date.

(d) ‘dehydrated products’, which means the products referred
to in the second subparagraph of Article 1(b) of Regu-
lation (EC) No 1786/2003;

L 61/6

EN

Official Journal of the European Union

8.3.2005

2.

‘processing undertaking’ means the dried fodder processing
undertaking referred to in Article 7 of Regulation (EC) No
1786/2003, duly approved by the Member State in which it
is located, which carries out one of the following:

6.

the parcels

‘agricultural parcels’ means
in
accordance with the identification system for agricultural
parcels
in the integrated management and verification
system referred to in Articles 18 and 20 of Regulation
(EC) No 1782/2003 and in Article 6 of Commission Regu-
lation (EC) No 796/2004 (1);

identified

(a) dehydration of fresh fodder by means of a drier which

satisfies the following requirements:

— air temperature at

the entry point not

less than
250 °C; however, horizontal belt driers producing
an air temperature at the entry point of not less
than 110 °C approved before the beginning of the
1999/2000 marketing year need not comply with
this requirement,

7.

‘single aid application’ means the aid application referred in
Article 22 of Regulation (EC) No 1782/2003 and Articles 12
and 14 of Regulation (EC) No 796/2004;

8.

‘final consignee of a lot of dried fodder’ means the last
person to have received that lot in the form in which it
left the processing undertaking, with a view to processing
the dried fodder or using it in animal feed.

— residence time of the fodder being dehydrated not

exceeding three hours,

Article 3

Products eligible for aid

— in case of drying in layers of fodder, bed depth of

each layer no deeper than one metre;

For the purposes of this Regulation, the aid provided for in
Article 4 of Regulation (EC) No 1786/2003 shall be payable
on dried fodder meeting the requirements for being placed on
the market as feedingstuffs which:

(b) milling of sun-dried fodder;

(c) manufacture of protein concentrates;

3.

‘purchaser of fodder for drying and/or grinding’ means the
natural or legal person referred to in Article 10(c)(iii) of
Regulation (EC) No 1786/2003, duly approved by the
Member State where he/she is established, who purchases
fresh fodder
to
processing undertakings;

from producers

to deliver

in order

it

4.

‘lot’ means a specific quantity of fodder of uniform quality as
regards composition, moisture content and protein content,
leaving a processing undertaking at the same time;

(a)

leave, in the unaltered state or as a mixture, the premises of
the processing undertaking, or, where they cannot be stored
on the latter, a storage location outside the same which
provides adequate guarantees of proper supervision of the
stored fodder and which has been approved in advance by
the competent authority;

(b) display the following characteristics on departure from the

processing undertaking:

(i) a maximum moisture content of:

— 12 % for sun-dried fodder, dehydrated fodder having
undergone a milling procedure, protein concentrates
and dehydrated products,

5.

‘mixture’ means an animal
feed product containing dried
fodder which has been dried and/or ground by the
processing undertaking, and additives.

— 14 % for other dehydrated fodder;

‘Additives’ are products of a different type from dried fodder,
including binding agents and caking agents, or of the same
type but dried and/or ground elsewhere.

(ii) a minimum crude protein content in comparison to dry

matter of:

— 15 % for dehydrated fodder, sun-dried fodder and

dehydrated products,

than 3 %
However, dried fodder containing no more
additives as a percentage of
the
finished product shall not be regarded as a mixture where
the total nitrogen content, relative to the dry matter of the
additive, does not exceed 2,4 %;

the total weight of

— 45 % for protein concentrates.

(1) OJ L 141, 30.4.2004, p. 18.

8.3.2005

EN

Official Journal of the European Union

L 61/7

The aid shall be payable solely on quantities of products
obtained by drying fodder produced on parcels utilised for
agriculture within the meaning of Article 51 of Regulation
(EC) No 1782/2003.

(iv) the model stock records referred to in Article 12;

(b) make available to the competent authority its up-to-date

stock records and accounts;

Article 4

Exclusion

Fodder
from areas already benefiting from an aid scheme
provided for in Title IV of Regulation (EC) No 1782/2003
shall not be eligible for the aid provided for in Article 4 of
Regulation (EC) No 1786/2003.

However, on areas in receipt of seed aid as referred to in
Chapter 9 of Title IV of Regulation (EC) No 1782/2003, only
fodder plants on which the seed has been harvested shall be
excluded from the aid.

(c)

facilitate the verification procedures;

(d) comply with the conditions laid down in Regulation (EC)

No 1786/2003 and in this Regulation.

Processing undertakings shall notify the competent authority
within 10 days of any change to the file referred to in point
(a) of the first subparagraph, with a view to obtaining confir-
mation of the approval.

Article 6

Conversely, areas in receipt of an arable crops area payment as
referred to in Chapter 10 of Title IV of Regulation (EC) No
1782/2003 shall be eligible for the aid for processing into
dried fodder provided that they have been sown entirely with
arable crops in accordance with local conditions.

Approval of purchasers of

fodder

for drying and/or

grinding

For the purposes of approval as referred to in Article 2(3), a
purchaser of fodder for drying and/or grinding must:

CHAPTER 2

PROCESSING UNDERTAKINGS AND PURCHASERS OF
FODDER FOR DRYING AND/OR GRINDING

Article 5

Approval of processing undertakings

For the purposes of the approval referred to in Article 2(2), the
processing undertaking shall:

(a) provide the competent authority with a file comprising:

(i)

a plan of their premises, showing in particular entry
points for products to be processed, exit points for
dried fodder, storage locations for products awaiting
processing and finished products, and processing sites;

(ii) a description of the technical installations for carrying
the operations specified at Article 2(2), and in
out
particular the dehydration ovens and grinding units,
with details of hourly
and
evaporation capacity
operating temperature, and weighing equipment;

(iii) a list of the additives used before or during the dehy-
the other
the finished

dration process and an illustrative list of
products used in manufacture and of
products;

(a) keep a register of the products in question, showing at least
the daily purchases and sales of each product and, in respect
of each lot, the quantity involved, a reference to the contract
with the producer who delivered the product and, where
applicable,
the processing undertaking for which the
product is intended;

(b) make available to the competent authority its up-to-date

stock records and accounts;

(c)

facilitate the verification procedures;

(d) comply with the conditions laid down in Regulation (EC)

No 1786/2003 and in this Regulation.

Article 7

Granting and withdrawal of approval

Approval as referred to in Article 2(2) and (3) shall be requested
by the party concerned before the beginning of the marketing
year.

Approval shall be granted by the competent authority of the
Member State before the beginning of the marketing year. In
exceptional cases, provisional approval may be granted by the
competent authority during a period not exceeding two months
after the beginning of the marketing year in question. In such
cases, the undertaking shall be deemed approved pending the
granting of definitive approval by the competent authority.

L 61/8

EN

Official Journal of the European Union

8.3.2005

the
Notwithstanding Article 30, where one or more of
conditions laid down in Articles 5 or 6 are no longer met
the competent authority shall withdraw approval, unless the
processing undertaking or purchaser of
for drying
and/or grinding does what is required to comply once more
with those conditions within a time limit
to be fixed in
accordance with the seriousness of the problem.

fodder

Article 8

Obligations concerning the manufacture of fodder

Where a processing undertaking carries out the manufacture, on
the one hand, of dehydrated fodder and/or protein concentrates
and, on the other hand, of sun-dried fodder:

(a)

the dehydrated fodder must be manufactured in premises or
places separate from those where sun-dried fodder is manu-
factured;

(b) products obtained from the two manufacturing operations

must be stored in different places;

(c) a product belonging to one of the groups shall not be
mixed within the undertaking with a product belonging to
the other group.

Article 9

Obligations concerning products entering and leaving

Before bringing onto its premises products other than fodder to
be dried and/or ground for the manufacture of mixtures, the
processing undertaking shall so inform the competent authority
of the Member State concerned, specifying the type and quan-
tities thereof.

Where the products being brought in consist of fodder dried
and/or ground by another processing undertaking, that under-
taking shall also inform the competent authority of their origin
and destination. In such cases, they may be brought onto the
premises
competent
supervision of
authority and on conditions laid down by it.

solely under

the

the

stored with fodder dried and/or ground by the undertaking in
question. They shall also be entered in the undertaking’s stock
records as specified in Article 12(1).

Article 10

Weight determination, sampling and analysis of dried
fodder

1.
The processing undertaking shall weigh the dried fodder
and take samples when it leaves the undertaking, as provided
for in Article 13(2) of Regulation (EC) No 1786/2003.

However, where the dried fodder is mixed on the premises of
the processing undertaking, weighing and sampling shall be
carried out before mixing takes place.

Where mixing is carried out before or during drying, a sample
shall be taken after drying.
It shall be accompanied by a
statement to the effect that it relates to a mixture and specifying
the type and name of the additive, its total nitrogenous content
in the dry matter and the rate of incorporation in the finished
product.

The competent authority may require each processing
2.
undertaking to notify it at least two working days in advance
each time dried fodder leaves the undertaking or is mixed,
specifying the dates and quantities,
to enable the latter to
carry out the necessary checks.

The competent authority shall regularly take samples and weigh
a quantity relating to at least 5 % by weight of dried fodder
leaving the undertaking and at least 5 % by weight of dried
fodder mixed each marketing year.

3.
The determination of moisture and crude protein content
provided for in Article 3 shall be carried out by taking a sample
for every 110 tonnes maximum of each lot of dried fodder
leaving the processing undertaking or mixed on its premises
in accordance with the method laid down in Commission
Directives 76/371/EEC (1), 71/393/EEC (2) and 72/199/EEC (3).

Dried fodder leaving a processing undertaking may re-enter it
only for the purpose of repackaging or reprocessing, under the
supervision of the competent authority and on conditions laid
down by it.

Where several lots of the same quality with regard to compo-
sition, moisture content and protein content, together weighing
110 tonnes or less, leave the undertaking or are mixed on its
premises, a sample shall be taken from each lot. However, the
analysis shall be carried out on a representative mixture of these
samples.

Products entering or re-entering the premises of processing
in accordance with this Article may not be
undertakings

(1) OJ L 102, 15.4.1976, p. 1.
(2) OJ L 279, 20.12.1971, p. 7.
(3) OJ L 123, 29.5.1972, p. 6.

8.3.2005

EN

Official Journal of the European Union

L 61/9

Article 11

Weighing the fodder and determining the moisture content
of fodder to be dehydrated

The processing undertaking shall systematically weigh
1.
fodder to be dehydrated and sun-dried fodder delivered for
processing, in order to determine the exact quantities thereof.

2.
The obligation to weigh such fodder systematically shall
not apply where the production of the undertaking concerned
does not exceed 1 000 tonnes per marketing year and the
undertaking proves
the competent
it cannot make use of
authority of
public weighing facilities located within a radius of five kilo-
metres.
the quantities delivered may be
determined by any other method approved in advance by the
competent authority of that Member State.

the Member State that

to the satisfaction of

In such cases,

3.
The processing undertaking shall determine the average
moisture content of fodder to be dehydrated on the basis of
a comparison of the quantities used and the quantities of dried
fodder obtained.

Before the end of the first month of each quarter, the
4.
processing undertaking shall notify the competent authority of
the average moisture content, as referred to in paragraph 3,
recorded during the previous quarter in respect of the fodder
it has dehydrated.

Article 12

Stock records of processing undertakings

1.
The stock records of processing undertakings provided for
in Article 10(a) of Regulation (EC) No 1786/2003 shall be kept
in conjunction with the accounts and shall permit daily tracking
of:

(b) the quantities produced and any quantities of all additives

used in manufacture;

(c)

the quantities leaving, and, for each lot, the date of leaving,
the moisture content and protein content recorded;

(d) the quantities of dried fodder

in respect of which a
processing undertaking has already benefited from aid,
and which have entered or re-entered the premises of the
undertaking;

(e)

the stock of dried fodder at the end of each marketing year;

(f)

the products mixed with or added to fodder dried and/or
ground by the undertaking, specifying the type and name of
the products, their total nitrogenous matter content in the
dry matter and their rate of incorporation in the finished
product.

2.
Processing undertakings shall keep separate stock records
for dehydrated fodder, sun-dried fodder, protein concentrates
and dehydrated products.

3. Where a processing undertaking also dehydrates or
processes products other
shall keep
separate stock records in respect of such other dehydrating or
processing activities.

than dried fodder,

it

Article 13

Supporting documents for stock records

The supporting documents

1.
processing undertakings to the competent authority at
latter’s request shall include:

to be made available by
the

(a) quantities of products entering for dehydration and/or

(a) details whereby the production capacity of the plant may be

grinding and, in respect of each delivery:

determined;

— the date of entry,

— the quantity,

— the type or types referred to in Article 1 of Regulation
(EC) No 1786/2003 of fodder to be dehydrated and,
where applicable, sun-dried fodder,

(b) details of the fuel stocks held in the plant at the beginning

and end of production;

(c)

invoices for the purchase of fuel and the meter readings for
electricity consumption during the production period;

(d) details of the number of hours the driers and, in the case of

sun-dried fodder, the grinders were in operation;

— the moisture content of fodder to be dehydrated,

(e) a

comprehensive

record of

energy

consumption,

in

accordance with Annex I;

— the references of the contract and/or delivery declaration
provided for in Article 14 or 15 of this Regulation;

(f)

the contracts and/or delivery declarations.

L 61/10

EN

Official Journal of the European Union

8.3.2005

Processing undertakings which sell their own output shall
2.
make available to the competent authority, in addition to the
documents referred to in paragraph 1, the invoices in respect of
their purchases of fodder for drying and/or grinding, and the
indicating in
invoices in respect of the sales of dried fodder,
particular the quantity and composition of the product sold,
and the name and address of the purchaser.

2. Where a processing undertaking is executing a processing
contract as referred to in Article 12(2) of Regulation (EC) No
1786/2003 concluded with an independent producer or with
one or more of
the contract shall also
indicate:

its own members,

Undertakings processing the fodder produced by their members
and delivering them dried fodder shall make available to the
competent authority, in addition to the documents referred to
in paragraph 1, the delivery orders or any accounting document
acceptable to the competent authority, indicating in particular
the quantity and composition of the product delivered, and the
name and address of the persons to whom it was delivered.

Undertakings producing for farmers fodder supplied by and
delivered back to those farmers shall make available to the
competent authority, in addition to the documents referred to
in paragraph 1,
invoices in respect of their production costs,
indicating in particular the quantity and composition of the
dried fodder produced, and the name of the farmer.

(a)

the finished product to be delivered,

(b) the costs to be paid by the producer.

Article 15

Delivery declarations

1. Where an undertaking processes its own production or a
group processes that of its members, a delivery declaration shall
be drawn up giving at least the following information:

(a)

the date of delivery or, where appropriate, an indicative date
if delivery is to take place after the date on which the
delivery declaration is submitted to the competent authority;

(b) the quantity of fodder received or to be received;

CHAPTER 3

(c)

the type or types of fodder to be processed;

CONTRACTS AND DELIVERY DECLARATIONS

Article 14

Contracts

1.
In addition to the information specified in Article 12 of
Regulation (EC) No 1786/2003, each contract as referred to in
Article 10(c)(i) and (iii) of
in
particular:

that Regulation shall

include,

(a)

the names and addresses of the parties to the contract;

(b) the date on which it is concluded;

(c)

the marketing year concerned;

(d) the type or types of fodder to be processed and the quantity

likely to be involved;

(e)

the identification of the agricultural parcel(s) on which the
fodder for processing is grown, with reference to the single
aid application in which these parcels have been declared, in
accordance with Article 14(1) of Regulation (EC) No
796/2004 and, where a contract has been concluded or a
delivery declaration made before the date of submission of
the single aid application, an undertaking to declare those
parcels in the single aid application.

(d) where applicable, the name and address of the member of

the group making the delivery;

(e)

the identification of the agricultural parcel(s) on which the
fodder for processing is grown, with reference to the single
aid application in which these parcels have been declared, in
accordance with Article 14(1) of Regulation (EC) No
796/2004 and, where a contract has been concluded or a
delivery declaration made before the date of submission of
the single aid application, an undertaking to declare those
parcels in the single aid application.

2. Where an undertaking obtains supplies from an approved
purchaser, a delivery declaration shall be drawn up giving at
least the following information:

(a)

the identity of the approved purchaser;

(b) the date of delivery or, where appropriate, an indicative date
if delivery is to take place after the date on which the
declaration is submitted to the competent authority;

(c)

the quantity of fodder received or to be received, broken
down according to the producers with whom contracts
were concluded by the approved purchaser, specifying the
reference of the contracts;

(d) the type or types of fodder to be processed;

8.3.2005

EN

Official Journal of the European Union

L 61/11

(e)

the identification of the agricultural parcel(s) on which the
fodder for processing is grown, with reference to the single
aid application in which these parcels have been declared, in
accordance with Article 14(1) of Regulation (EC) No
796/2004 and, where a contract has been concluded or a
delivery declaration made before the date of submission of
the single aid application, an undertaking to declare those
parcels in the single aid application.

Article 16

Date of the contract or declaration

The contracts and delivery declarations provided for in Articles
14 and 15 shall be drawn up in writing at least two working
days before the delivery date.

the Member States may provide for a period of
However,
between two and eight working days before the date of delivery.

Article 17

Notifications

Article 4 of Regulation (EC) No 1786/2003 covering the quan-
tities leaving the undertaking during that month.

Except in cases of force majeure or exceptional circum-

2.
stances:

(a)

the submission of an aid application after the time limit
referred to in paragraph 1 shall lead to a reduction of 1 %
per working day in the amounts to which the undertaking
would have been entitled if the application had been lodged
within the time limit;

(b) if the delay amounts to more than 25 days the application

shall be considered inadmissible.

3.
However, no aid applications for a marketing year may be
submitted after 15 April following the end of the marketing
year in question, except in cases of force majeure or exceptional
circumstances.

Processing undertakings and purchasers of fodder for drying
and/or grinding shall send the competent authority, not later
than the 15th of each month, a list of contracts concluded in
the previous month and delivery declarations drawn up during
the previous month.

Article 19

Content of applications

1.

Aid applications shall include at least:

The list shall include:

(a)

the applicant’s first name, surname, address and signature;

(a)

the identity of the co-contractor of the processing under-
taking or approved purchaser or of the declarant in the case
of an undertaking processing its own production or a group
processing the production of its member;

(b) the quantities covered by the aid application, broken down

by lot;

(b) the date of the contract or of the delivery declaration;

(c)

the date on which each quantity left the undertaking;

(c)

the identification references of the agricultural parcels;

(d) the references of the single aid application in question.

(d) confirmation that

samples were taken of each lot

in
accordance with Article 10(3) on leaving the undertaking
or when the dried fodder was mixed in, and any particulars
required to identify the samples;

The competent authority may request that this list be sent by
e-mail.

(e) a list by lot of any additives, specifying the type, name, total
nitrogenous matter content in the dry matter and rate of
incorporation in the finished product;

CHAPTER 4

AID APPLICATIONS AND PAYMENT

Article 18

Date of lodging of aid applications

1. Within 45 days of
the month, processing
the end of
undertakings shall lodge applications for aid as referred to in

(f)

in the case of mixtures, the total crude protein content in
the fodder dried by the undertaking, after
each lot of
deduction of
content
total nitrogenous matter
provided by the additives.

the

2.
The aid shall be granted to processing undertakings solely
in respect of fodder dried and/or ground on its premises, less
the weight of additives.

L 61/12

EN

Official Journal of the European Union

8.3.2005

Article 20

Advance payments

1.
In order to qualify for an advance in accordance with
Article 7(1) of Regulation (EC) No 1786/2003, the applicant
shall accompany the aid application by a certificate showing
that the corresponding security has been lodged.

2. Member States shall
take the necessary measures for
checking entitlement to the aid within 90 days of the date
the application is lodged.

Article 21

Final amount of the aid

fix,

The Commission shall

in accordance with the
1.
procedure referred to in Article 18(2) of Regulation (EC) No
1786/2003, the final amount of the aid referred to in Article
4(2) of that Regulation. This amount shall be calculated on the
basis of the notifications from the Member States, in accordance
with the second subparagraph of Article 33(1) of this Regu-
lation.

2. Where, as a result of subsequent checks, one or more
Member States submits a second, duly substantiated, notification
in accordance with the second subparagraph of Article 33(1)
correcting the first upward, the second notification will be taken
into consideration only if the final amount of the aid, calculated
on the basis of the first notification, is not affected. The quan-
tities of dried fodder which are not taken into consideration as a
result will, in that case, be allocated to the following marketing
year.

3.
The balance provided for in Article 7(3) of Regulation (EC)
No 1786/2003 shall be paid, where appropriate, within 60 days
of
the date on which the Commission publishes the final
amount of the aid for the marketing year concerned in the
Official Journal of the European Union.

Article 22

Exchange rate

The operative event for the exchange rate applicable to the aid
laid down in Article 4 of Regulation (EC) No 1786/2003 shall
occur on the first day of the month in which a given lot of
dried fodder leaves the premises of the approved processing
undertaking.

CHAPTER 5

INSPECTIONS

Article 23

General principles

1.
The administrative and on-the-spot checks provided for in
this Regulation shall be made in such a way as to ensure
effective verification of compliance with the terms under
which aid is granted.

The applications for aid in question shall be rejected if the
2.
processing undertaking prevents an on-the-spot check from
being carried out.

Article 24

Administrative checks

Administrative checks shall permit the detection of irregu-

1.
larities, particularly via cross-checks.

The competent authorities shall carry out cross-checks between
the agricultural parcels declared in the single aid application, in
in the delivery declarations and the
the contracts and/or
reference parcels shown in the identification system for agri-
cultural parcels to verify the eligibility for aid of the areas as
such and to prevent any aid being granted without justification.

Indications of

2.
irregularities resulting from cross-checks
shall be followed-up by any other appropriate administrative
procedure, and where necessary, by an on-the-spot check.

Article 25

On-the-spot checks

On-the-spot checks

shall be unannounced. However,
1.
provided that the purpose of the control
is not jeopardised,
advance notice may be given, limited to strictly the minimum
period necessary. Such notice shall not exceed 48 hours, except
in duly justified cases.

2. Where appropriate, the on-the-spot checks provided for in
this Regulation, as well as any other checks provided for in
Community rules, shall be carried out at the same time.

Should on-the-spot checks reveal significant irregularities
3.
the competent
in a region or in a processing undertaking,
frequency
authority shall accordingly increase the number,
and extent of on-the-spot
checks on the undertakings
concerned during the current year and in the following year.

The Member States shall establish the criteria for selection
If the checks on that sample reveal
the sample shall be

the size and scope of

4.
of the control sample.
irregularities,
expanded appropriately.

8.3.2005

EN

Official Journal of the European Union

L 61/13

Article 26

On-the-spot checks on processing undertakings

1.
The competent authorities shall inspect, at least once each
marketing year, the stock records referred to in Article 12 of all
processing undertakings, and in particular the link between the
stock records and the accounts.

Article 28

Control report

1.
Every on-the-spot check shall be the subject of a control
report which makes it possible to review the various aspects of
the checks carried out.

2.
The competent authorities shall carry out random checks
on the supporting documents relating to the stock records of
processing undertakings.

The subject of the checks shall be given the opportunity
2.
to sign the report and to add observations, and shall receive a
copy of the control report.

in the case of newly-approved undertakings,

However,
the
inspection shall cover all applications submitted during the
first year of operation.

Article 27

On-the-spot checks on other parties

The competent authorities shall undertake regular addi-
1.
tional checks on suppliers of raw materials and on operators
to whom dried fodder has been supplied.

These checks shall cover:

(a) at least 5 % of lots which have been the subject of an aid
application to verify traceability up to the final consignee;

(b) at least 5 % of contracts and delivery declarations to verify
the parcel of origin of the products supplied to processing
undertakings.

2.
Parties subject to on-the-spot checks shall be selected by
the competent authority on the basis of risk analysis taking into
account:

(a)

the amount of aid;

(b) changes in the aid from the previous year;

(c)

the findings of checks made in past years;

CHAPTER 6

REDUCTIONS AND EXCLUSIONS

Article 29

Reductions

and exclusions

for under-declarations by

processing undertakings

If the quantity of dried fodder indicated in one or more aid
applications is greater than the quantity eligible under Article 3,
the following rules shall apply:

(a) where the difference found on an aid application is no more
than 20 % of the eligible quantity, the amount of the aid
shall be calculated on the basis of the eligible quantity,
reduced by double the difference found;

(b) where the difference found on an aid application is over
20 % of the eligible quantity, the aid application shall be
rejected;

(c) where the difference found on an aid application is no more
than 20 % of the eligible quantity, but follows a similar
finding made during the same marketing year, the aid appli-
cation shall be rejected;

(d) where the difference found on an aid application is over
50 % of the eligible quantity or where a difference of over
20 % and no more than 50 % is found once again during
the same marketing year, no aid shall be granted for the
current marketing year.

(d) other factors to be defined by the Member States.

Each year the competent authority shall assess the effectiveness
of risk analysis parameters used in previous years.

to be recovered shall be off-set against aid
The amount
payments to which the undertaking is entitled in the context
of applications lodged in the marketing years following the
calendar year of the finding.

3.
The competent authority shall keep records on the reasons
for the selection of each farmer for an on-the-spot check. The
inspector carrying out the on-the-spot check shall be informed
accordingly prior to the commencement of
the on-the-spot
check.

Where it is found that the irregularities referred to in the first
subparagraph have been committed intentionally by the
processing undertaking, the beneficiary shall be excluded from
aid in the current marketing year and the following year.

L 61/14

EN

Official Journal of the European Union

8.3.2005

Article 30

Reductions and exclusions applicable in the event of non-
compliance with certain approval conditions by processing
undertakings and approved purchasers

respect of which applications for the aid provided for in Article
4 of Regulation (EC) No 1786/2003 were lodged during the
previous quarter, such particulars to be broken down by the
months in which the quantities concerned left the processing
undertaking,

Where it is found that the stock records do not satisfy the
conditions referred to in Article 12, or that the link between
the stock records and the accounts and the supporting
the
documents
reductions
a
reduction of between 10 % and 30 % of the amount of aid
applied for for the current marketing year shall be imposed
on the processing undertaking, depending on the seriousness
of the infringement.

cannot
and exclusions

referred to in Article 29,

notwithstanding

established,

be

If the same irregularities are found once again within a period
of two years following the first finding, the competent authority
shall withdraw approval of the processing undertaking for a
minimum of one and a maximum of three marketing years.

CHAPTER 7

GENERAL PROVISIONS

Article 31

Force majeure and exceptional circumstances

evidence

Cases of force majeure and of exceptional circumstances with
competent
relevant
authority shall be notified in writing to the authority within
10 working days of the date on which the responsible person
in the processing undertaking is in a position to do so.

satisfaction of

to the

the

Additional measures

Article 32

and mutual
Member States

assistance between

the common organisation of

1. Member States shall take all further measures required for
the proper application of
the
market in dried fodder and shall give one another the mutual
assistance needed for the purposes of checks required pursuant
to this Regulation. In that respect, Member States may, where
this Regulation does not provide for appropriate reductions and
exclusions, impose appropriate national penalties on producers
or other operators in the sector, such as farmers or purchasers
involved in the procedure for granting aid, in order to ensure
compliance with the conditions for granting aid.

2. Member States shall assist one another to ensure effective
controls, and to permit checks on the authenticity of documents
submitted and/or the accuracy of the data exchanged.

Article 33

The Member States shall inform the Commission, not later than
31 May each year, of the quantities of dried fodder in respect of
which entitlement to the aid was recognised during the previous
marketing year.

the particulars referred to in the first and
Notifications of
second subparagraphs shall distinguish between the categories
referred to in Article 2(1). This information will be used by the
Commission to determine whether the maximum guaranteed
quantity has been complied with.

2.

The Member States shall notify the Commission:

(a) not later than 30 April of each year, of the estimated quan-
tities of stocks of dried fodder held in the processing under-
takings at 31 March that year;

(b) not later than 30 April 2005, of the quantities of stocks of
dried fodder held in the processing undertakings at 31
March 2005 and eligible under the terms of Article 34;

(c) not later than 31 May of each year, of the number of new
approvals, approvals withdrawn and provisional approvals
in the previous marketing year;

(d) not later than 31 May of each year, of the statistics on the
checks carried out under Articles 23 to 28 and the
reductions and exclusions applied under Articles 29, 30
and 31,
in accordance
with Annex III;

in the previous marketing year,

(e) not later than 31 May of each year, a comprehensive record
of energy used in the production of dehydrated fodder, in
accordance with Annex I, and the changes in areas of legu-
minous and other green fodder, in accordance with Annex
II, in the previous marketing year;

(f) during the month following the end of each six-month
period, of the average moisture contents recorded during
the previous six months in fodder to be dehydrated and
notified by processing undertakings in accordance with
Article 11(4).

Member State notifications to the Commission

1.
The Member States shall notify the Commission, at the
beginning of each quarter, of the quantities of dried fodder in

(g) not later than 1 May 2005, of the measures adopted to
implement Regulation (EC) No 1786/2003 and this Regu-
lation,
in particular the national penalties provided for in
Article 30 of this Regulation.

8.3.2005

EN

Official Journal of the European Union

L 61/15

CHAPTER 8

TRANSITIONAL AND FINAL PROVISIONS

Article 34

Stocks on 31 March 2005

Where the processing undertaking is supplied with fodder from
another Member State, the aid referred to in the second subpa-
ragraph of Article 71(2) of Regulation (EC) No 1782/2003 shall
be paid to the processing undertakings with a view to trans-
ferring it to the producer only if that producer is based in a
Member State which applies the optional transitional period.

1.
Dried fodder produced during 2004/05 that has not left
the processing plant or one of the storage places referred to in
Article 3(a) of this Regulation before 31 March 2005 may be
eligible for the aid provided for in Article 3 of Regulation (EC)
No 603/95 in the 2005/06 marketing year, provided that it:

(a) complies with the terms of Article 3 of this Regulation;

(b) leaves the processing undertaking under the supervision of
the competent authority under the conditions laid down in
Article 10 and 11 of this Regulation;

(c)

is entered in the accounts in the context of the national
guaranteed quantities
allocated to the Member States
concerned for the 2004/05 marketing year;

(d) has been declared and certified during the 2004/05

The sum of this aid and of the aid provided for in Regulation
(EC) No 1786/2003 may not exceed the maximum support for
the sector provided for in Regulation (EC) No 603/95.

The aid referred to in the second subparagraph of Article 71(2)
of Regulation (EC) No 1782/2003 shall be fixed in accordance
with the procedure referred to in Article 18(2) of Regulation
(EC) No 1786/2003 and shall be paid to the processing under-
takings, which will
to the producers within 15
working days.

transfer it

Article 36

2004/05 marketing year

marketing year.

Regulation (EC) No 785/95 is hereby repealed.

The competent authorities in the Member States shall
to ensure

inspection measures

2.
adopt
compliance with paragraph 1.

the necessary

all

Article 35

Optional transitional period

The Member States who apply an optional transitional period in
accordance with Article 71 of Regulation (EC) No 1782/2003
shall pay the processing enterprises, with a view to its
subsequent transfer to producers, the aid referred to in the
second subparagraph of Article 71(2) of Regulation (EC) No
1782/2003, based on the quantities recognised as eligible for
the aid provided for
in Article 4 of Regulation (EC) No
1786/2003 and subject to the ceiling referred to in point D
of Annex VII to Regulation (EC) No 1782/2003.

However, those provisions concerning the management of the
aid scheme in force during the 2004/05 marketing year shall
continue to apply until the accounts for that marketing year
have been finally cleared.

Article 37

Entry into force

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

It shall apply from 1 April 2005.

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

Done at Brussels, 7 March 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 61/16

EN

Official Journal of the European Union

8.3.2005

ANNEX I

Record of energy used in the production of dehydrated fodder

Member State:

Marketing year:

Subject

Unit

Quantity

a

b

c

d

e

f

g

h

i

Production of dehydrated fodder

Average humidity on entry

Average humidity on leaving

Average air temperature on entering the drier

Specific consumption

Type of
biomass)

fuel used:

(gas, coal,

lignite,

fuel oil, electricity,

Specific calorific value in megajoules per unit of energy

Quantity of fuel used:

tonnes of dehydrated
fodder

%

%

°C

megajoules per kg of
dehydrated fodder

megajoules per unit of
energy

(a) in tonnes of fuel

(b) in megajoules

ANNEX II

Changes in areas of leguminous and other green fodder

Member State:

Marketing year:

Cronos-Eurostat codes

Green fodder

Area
(1 000 hectares)

2611 + 2670

(a) = b + c Green fodder grown on arable land, of which:

2611

2670

2672

0002

(b) annual fodder crops (fodder maize, other)

(c) perennial fodder crops (clover, lucerne, temporary grassland)

of which: lucerne

Total area of permanent grassland

a

b

c

d

e

8.3.2005

EN

Official Journal of the European Union

L 61/17

ANNEX III

A. Control statistics — population subject to controls

A. Approval of processing undertakings:

A.1. Number of undertakings approved for the marketing year

A.2. Number of new approvals

A.3. Number of approvals withdrawn

A.4. of which: number withdrawn for less than one marketing year

A.5. of which: number withdrawn for one or more marketing years

B. Approvals of purchasers of fodder for drying and/or grinding

B.1. Number of purchasers of fodder for drying and/or grinding approved for the

marketing year

B.2. Number of new approvals

B.3. Number of approvals withdrawn

B.4. of which: number withdrawn for less than one marketing year

B.5. of which: number withdrawn for one or more marketing years

C.

Contracts

C.1. Number of contracts

C.2. Number of farmers concerned

C.3. Number of parcels included in the contracts

C.4. Area (in ha) covered by contracts

D. Delivery declarations

D.1. Number of delivery declarations

D.2. Number of farmers concerned

D.3. Number of parcels included in the delivery declarations

D.4. Area (in ha) covered by delivery declarations

E. Applications submitted

E.1. Number of applications submitted

E.2. Number of lots concerned

E.3. Quantity processed

E.4. Quantity leaving (covered by aid applications)

L 61/18

EN

Official Journal of the European Union

8.3.2005

B. Control statistics — number of controls and results

A. Checks on areas declared in the contracts and in the single
aid applications

Number
of farmers

Number of
contracts

Number of
parcels

Area

Quantities
declared
ineligible

National
penalties
(Art. 32)

A.1. Administrative checks:

A.1.1. Declaration of the same area twice, by one or more

applicants

A.1.2. Contract

(or delivery declaration) and single aid

application do not correspond

A.2. On-the-spot checks on areas declared:

A.2.1. Number of on-the-spot checks

A.2.2. No anomalies

A.2.3. Over-declaration

A.2.4. Under-declaration

A.2.5. Crop type different from that declared

A.2.6. Other infringements

B. Checks on purchasers of fodder for drying and/or grinding

Number
of purchasers

Number of
contracts

B.1. Number of on-the-spot checks

B.2. No anomalies

B.3.

Irregularities in the stock records

B.4. Other infringements

C. Checks on processing undertakings

Number
of under-
takings

Number of
applications

Number of
lots

Quantity of
dried fodder
leaving

Quantity of
dried fodder
mixed

C.1. Administrative checks:

C.1.1. Late applications, up to 25 days late

C.1.2. Late applications, over 25 days late

C.1.3. No notification before leaving

C.1.4. Non-compliance with moisture and/or protein

content criteria

C.1.5. Other irregularities detected

C.2. On-the-spot checks on processing undertakings

C.2.1. Number of on-the-spot checks

C.2.2. Number of samples taken (Art. 10(2))

C.2.3. No notification before leaving

C.2.4. Non-compliance with moisture and/or protein

content criteria

C.2.5. Weighing irregularities

8.3.2005

EN

Official Journal of the European Union

L 61/19

C. Checks on processing undertakings

Number
of under-
takings

Number of
applications

Number of
lots

Quantity of
dried fodder
leaving

Quantity of
dried fodder
mixed

C.2.6. Stock records and accounts do not correspond

C.2.7. Other irregularities in the stock records

C.2.8. Other irregularities detected

C.3.

Penalties applied (Art. 29):

C.3.1. Difference of no more than 20 % (Art. 29(a))

C.3.2. Repeat case of difference of no more than 20 %

(Art. 29(c))

C.3.3. Difference of between 20 % and 50 % (Art. 29(b))

C.3.4. Repeat case of difference of between 20 % and

50 % (Art. 29(d))

C.3.5. Difference over 50 % (Art. 29(d))

C.3.6. Intentional

irregularity (Art. 29,

third subpa-

ragraph)

C.3.7. Financial penalties of 10 %–30 % (Art. 30)

D. Checks on the traceability of products (Art. 27(1))

Number of
lots

Quantity of
dried fodder
leaving

Quantity of
dried fodder
mixed

D.1. Checks on the reality of purchases of fodder for
drying and grinding (delivery and payment)

D.2. Checks on the reality (reception and payment) of
intermediary

leaving to the first

dried fodder
(marketing undertakings)

D.3. Checks on the reality (reception and payment) of
dried fodder leaving to the final intermediary