Commission Regulation (EC) No 432/2006 of  15 March 2006  amending Regulation (EC) No 382/2005 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: 2006-03-15
Institutions: European Commission
Subjects: aid to agriculture, common organisation of markets, eligibility criteria, fodder

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 432/2006

of 15 March 2006

amending Regulation (EC) No 382/2005 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)

gained

Experience
of
from the
Commission Regulation (EC) No 382/2005 (3) has
shown that the wording of the third subparagraph of
Article 9 of
that Regulation should be made more
precise.

implementation

Given that the aid referred to in the second subparagraph
of Article 71(2) of Regulation (EC) No 1782/2003 is
calculated on the basis of quantities which are potentially
eligible for the aid provided for in Article 4 of Regulation
(EC) No 1786/2003 for the current marketing year, and
that, in accordance with Article 34 of Regulation (EC) No
382/2005, a certain proportion of
the dried fodder
the undertakings during the 2005/06
which has left
already been entered in the
marketing
accounts for the 2004/05 marketing year, the aid for
the 2005/06 marketing year would be fixed on the
basis of quantities which would not be representative
of actual production in the 2005/06 marketing year.

year has

(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 Regu-

lation (EC) No 319/2006 (OJ L 58, 28.2.2006, p. 32).

(3) OJ L 61, 8.3.2005, p. 4.

Transitional measures should therefore be laid down
for stocks held on 31 March 2006. To avoid any discri-
should
mination between operators,
apply to all Member States. Provision should be made
for the notification of the stocks benefiting from these
measures.

these measures

(3)

(4)

(5)

(6)

The reference to the ceilings set out in point D of Annex
VII to Regulation (EC) No 1782/2003 should be replaced
by a reference to the ceilings set out in Annex IV to
Commission Regulation (EC) No 118/2005 of 26
January 2005 modifying Annex VIII to Council Regu-
lation (EC) No 1782/2003 and establishing budgetary
ceilings for partial or optional
implementation of the
Single Payment Scheme and annual financial envelopes
for Single Area Payment Scheme provided for in that
Regulation (4).

A number of improvements should be made to Annex I
to Regulation (EC) No 382/2005 in order to obtain a
useful overview of energy consumption.

Regulation (EC) No 382/2005 should therefore be
amended accordingly.

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:

Article 1

Regulation (EC) No 382/2005 is amended as follows:

1. the third subparagraph of Article 9 is replaced by the

following:

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

(4) OJ L 24, 27.1.2005, p. 15. Regulation as amended by Regulation

(EC) No 570/2005 (OJ L 97, 15.4.2005, p. 13).

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2. Article 33(1) is amended as follows:

(c)

is entered in the accounts in the context of the national
guaranteed quantities allocated to the Member States
concerned for the 2005/06 marketing year;

(a)

the following sentence is added to the first subparagraph:

‘These notifications
referred to in Articles 34 and 34a.’;

shall not

include the quantities

(b) the following sentences are added to the second subpar-

agraph:

‘For the 2005/06 and 2006/07 marketing years, these
quantities shall not include the quantities referred to in
Articles 34 and 34a. Not later than 31 May 2006, the
Member States shall also inform the Commission of the
quantities of dried fodder held in the processing under-
takings on 31 March 2006 which, in accordance with
Article 34a, have been the subject of an application for
the aid provided for in Article 4 of Regulation (EC) No
1786/2003 for the 2005/06 marketing year during the
2006/07 marketing year and, where appropriate, the aid
referred to in the second subparagraph of Article 71(2)
of Regulation (EC) No 1782/2003.’;

3. The following Article 34a is added:

‘Article 34a

Stocks on 31 March 2006

1.
Dried fodder produced during the 2005/06 marketing
year that has not left the processing undertaking or one of
the storage places referred to in Article 3(a) of the present
regulation by 31 March 2006 at the latest may be eligible
for the aid provided for in Article 4 of Regulation (EC) No
1786/2003 for the 2005/06 marketing year during the
the aid
2006/07 marketing year and, where appropriate,
referred to in the second subparagraph of Article 71(2) of
Regulation (EC) No 1782/2003, 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;

(d) has been declared and certified during the 2005/06

marketing year.

The competent authorities in the Member States shall
to ensure

the necessary inspection measures

2.
adopt all
compliance with paragraph 1.’;

4. Article 35 is replaced by the following:

‘Article 35

Optional transitional period

The Member States which apply an optional transi-
1.
tional period in accordance with Article 71 of Regulation
(EC) No 1782/2003 shall pay the processing undertakings,
for 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 eligible quantities in the
2005/06 marketing year.

This aid shall be fixed on the basis of the potentially eligible
quantities and subject
to the ceiling in Annex IV to
Commission Regulation (EC) No 118/2005 (*).

“Potentially eligible quantities” means the sum of the quan-
tities recognised as eligible for the aid provided for in Article
4 of Regulation (EC) No 1786/2003 during the 2005/06
marketing year and the quantities produced during the
2005/06 marketing year which have been the subject of
an application for that aid for the 2005/06 marketing year
in the 2006/07 marketing year, and, where appropriate, the
aid referred to in the second subparagraph of Article 71(2)
of Regulation (EC) No 1782/2003,
in accordance with
Article 34a. These potentially eligible quantities shall not
include the quantities referred to in Article 34.

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

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The aid referred to in the second subparagraph of
3.
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.

aid to the
shall
Processing undertakings
producers within 15 working days of its payment by the
Member State.
___________
(*) OJ L 24, 27.1.2005, p. 15.’;

transfer

the

The aid shall be paid to the processing undertakings within
30 working days of the date on which the Commission
publishes the amounts thereof in the Official Journal of the
European Union. For the quantities recognised as eligible for
the aid after this publication date, payment shall be made
within 30 working days of
the date of recognition of
eligibility for the aid.

5. Annex I is replaced by the text in the Annex to this Regu-

lation.

Article 2

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

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

Done at Brussels, 15 March 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

‘ANNEX I

Record of energy used in the production of dehydrated fodder

Member State:

Marketing year:

Subject

Unit

Quantity

a

Production of dehydrated fodder

tonnes of dehydrated fodder

b Average humidity on entry

c

Average humidity on leaving

d Average air temperature on entering the drier

e

Average specific consumption

Please complete for each type of fuel used (1):

Type of fuel:

%

%

°C

megajoules per kg of dehy-
drated fodder

f

Average specific calorific value

megajoules per tonne of fuel

g Quantity used

h

Energy produced

tonnes of fuel

megajoules

(1) Gas, coal, lignite, fuel oil, electricity, biomass, etc.’