Commission Regulation (EC) No 1388/2007 of 27 November 2007 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: 2007-11-27
Institutions: European Commission
Subjects: EU aid, aid to agriculture, eligibility criteria, fodder, processing industry

28.11.2007

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COMMISSION REGULATION (EC) No 1388/2007

of 27 November 2007

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 sub-
paragraph of Article 71(2) thereof,

Whereas:

(1)

(2)

The common agricultural policy should be simplified as
far as possible to facilitate access to the legislation and
reduce the administrative burden on operators and the
authorities.

Regulation (EC) No 1786/2003 provides for one single
aid for all the eligible products referred to in Article 1
thereof, irrespective of their particular characteristics or
their method of manufacture and, as a result, some of the
requirements relating to the methods of manufacturing
dehydrated dried fodder, the purpose of which was to
make it easier to distinguish between sun-dried fodder
and dehydrated fodder, are no longer necessary. This
change should also open up the way for new commercial
applications and facilitate the development of more
environmentally-sound manufacturing
efficient
the same time it should be made clear
methods. At
the approval of processing undertakings remains
that
subject
they are capable of
producing dried fodder in accordance with the terms of
Article 9 of Regulation (EC) No 1786/2003.

to the condition that

and

(3)

For the same reason,
manufacture of

fodder

the obligations concerning the
laid down in Article 8 of

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

Regulation (EC) No 456/2006 (OJ L 82, 21.3.2006, p. 1).

(2) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
L 284,

(EC) No 1276/2007 (OJ

Commission Regulation
30.10.2007, p. 11).

(4)

(5)

(6)

(7)

Commission Regulation (EC) No 382/2005 (3) are also
no longer necessary; this should lead to a reduction in
administrative and control costs.

To make on-the-spot checks on processing undertakings
more efficient, it should be made clear that certain infor-
mation must be made available to the competent auth-
orities and that the control reports must make it possible
to review the documents examined.

An additional parameter should be added in order to
round out
the information relating to the record of
energy used in the production of dehydrated fodder.

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

Given that the 2007/08 marketing year is already in
progress, and in order
to prevent operators in the
sector from being treated differently depending on the
time at which they submit their applications, this Regu-
lation should not apply until the 2008/09 marketing
year.

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 2 is replaced by the following:

‘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;

(3) OJ L 61, 8.3.2005, p. 4. Regulation as last amended by Regulation

(EC) No 116/2007 (OJ L 35, 8.2.2007, p. 7).

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2. “similar fodder products” means all artificially heat-dried
falling within CN code

fodder products

herbage
1214 90 90 and in particular:

— herbage legumes,

— herbage grasses,

parcels in the integrated administration and control
system referred to in Articles 18 and 20 of Regulation
(EC) No 1782/2003 and in Article 6 of Commission
Regulation (EC) No 796/2004 (*);

8. “single aid application” means

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

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

9. “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.

3. “processing undertaking” means

the dried fodder
processing undertaking referred to in Article 7 of Regu-
lation (EC) No 1786/2003, duly approved by the
Member State in which it is located;

legal persons

4. “purchaser of fodder for drying and/or grinding” means
the natural or
referred to in Article
10(c)(iii) of Regulation (EC) No 1786/2003, duly
approved by the Member State where they are estab-
lished, who purchase fresh fodder from producers in
order to deliver it to processing undertakings;

5. “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;

6. “mixture” means an animal

feed product containing
dried fodder which has been dried and/or ground by
the processing undertaking, and additives.

___________
(*) OJ L 141, 30.4.2004, p. 18.’

2. Article 3 is replaced by the following:

‘Article 3

Products eligible for aid

For the purposes of this Regulation, the aid provided for in
Article 4 of Regulation (EC) No 1786/2003 shall be
in addition to the
payable on dried fodder meeting,
requirements specified in Article 9 of that Regulation, the
requirements for being placed on the market as feeding-
stuffs which 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.

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.’

“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.

3. In Article 5, point (a)(ii) is replaced by the following:

However, dried fodder containing no more than 3 %
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

‘(ii) a description of

the technical

installations, and in
the artificial heat-drying installations and
particular
grinding units, with details of hourly evaporation
capacity and operating temperature, and weighing
equipment, producing a final product which complies
with the moisture content and minimum protein
content referred to in Article 9 of Regulation (EC) No
1786/2003;’

7. “agricultural parcels” means the parcels identified in
accordance with the identification system for agricultural

4. In Article 6, point (d) is deleted.

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5. Article 8 is deleted.

6. The first subparagraph of Article 10(3) is replaced by the

following:

‘The determination of moisture and crude protein content
provided for in Article 9 of Regulation (EC) No 1786/2003
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
and
72/199/EEC (***).
___________

71/393/EEC (**)

76/371/EEC (*),

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

7. Article 11(1) is replaced by the following:

‘1.
The processing undertaking shall systematically weigh
fodder for drying and/or grinding delivered for processing,
in order to determine the exact quantities thereof.’

8. Article 12(2) is replaced by the following:

‘2.
Processing undertakings shall keep separate stock
records for all categories of dried fodder provided for in
Article 1 of Regulation (EC) No 1786/2003.’

‘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 including bank
statements and the corresponding invoices.’

10. Article 28(1) is replaced by the following:

‘1.
Every on-the-spot check shall be the subject of a
detailed control report which makes it possible to review
the various aspects of
the checks carried out and in
particular the documents and registers examined.’

11. In Annex I, line ‘e’ is replaced by the following:

Subject

Unit

Quantity

‘e1

e2

Average specific
consumption

Megajoules per kg
of dehydrated
fodder

used

per
Energy
tonne of evaporated
water

Megajoules per kg
of evaporated water’

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

9. Article 26(1) is replaced by the following:

It shall apply from the 2008/09 marketing year.

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

Done at Brussels, 27 November 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission