Commission Regulation (EC) No 228/2008 of 13 March 2008 amending Regulation (EC) No 595/2004 with regard to intensity of controls on deliveries and direct sales of milk
Date: 2008-03-13
Institutions: European Commission
Subjects: agricultural levy, milk, regulation of agricultural production

14.3.2008

EN

Official Journal of the European Union

L 70/7

COMMISSION REGULATION (EC) No 228/2008

of 13 March 2008

amending Regulation (EC) No 595/2004 with regard to intensity of controls on deliveries and direct
sales of milk

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1788/2003 of
29 September 2003 establishing a levy in the milk and milk
products sector (1), and in particular Article 24 thereof,

Whereas:

Article 22(1) of Commission Regulation (EC) No
595/2004 (2), which lays down detailed rules
for
applying Regulation (EC) No 1788/2003, sets down the
minimum intensity of the controls to be carried out for
deliveries and direct sales. These controls are to be
included in the general control plan drawn up on the
basis of risk analysis.

it

is

12-month period,
to apply the
adjusted intensity of controls for the 12-month period
2007/2008, i.e. the period starting on 1 April 2007 and
finishing on 30 March 2008.

appropriate

(5)

(6)

Regulation (EC) No 595/2004 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
the management
accordance with the opinion of
committee for milk and milk products,

HAS ADOPTED THIS REGULATION:

Article 1

Article 22 of Regulation (EC) No 595/2004 is amended as
follows:

1. In paragraph 1, point (a) is replaced by the following:

Bulgaria and Romania are applying the levy system for
the first time in the 12-month period 2007/2008. In
order to facilitate the application of the new system,
these Member States should be allowed to reduce the
intensity of control for deliveries during a transitional
period of one year.

‘(a) 2 % of producers for the 12-month period 2007/2008
and for the following 12-month periods, except in the
case of Bulgaria and Romania, where at least 1 % of
producers shall be controlled for the 12-month period
2007/2008;’

Experience shows that in Member States the number of
producers with one or two cows is still significant, espe-
cially in direct sales. To keep the same control intensity
for these producers imposes a disproportionate adminis-
trative burden and could divert
the focus of control
measures from higher risk activities. Therefore it would
be appropriate to reduce the control intensity for small
direct sellers producing quantities of less than 5 000 kg
milk equivalent.

In order to allow the Member States to benefit from a
less burdensome situation resulting from the adjusted
intensity of controls, and taking into account
that
according to Article 19(2) of Regulation (EC) No
carried out partly during
595/2004 controls
the
the 12-month period in question, partly after

are

(1) OJ L 270, 21.10.2003, p. 123. Regulation as last amended by
L 265,

(EC) No 1186/2007 (OJ

Commission Regulation
11.10.2007, p. 22).

(2) OJ L 94, 31.3.2004, p. 22. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

2. Paragraph 2 is replaced by the following:

Controls referred to in Article 21(2) shall cover at

‘2.
least:

(a) 5 % of producers; or

(b) the following two groups:

(i) 1 % of producers whose individual reference quantity
for direct sales is less than 5 000 kg and whose
declared direct
the 12-month period
for
concerned is less than 5 000 kg of milk or milk
equivalent;

sales

(ii) 5 % of producers who do not satisfy the conditions

set out in point (i).’

(1)

(2)

(3)

(4)

L 70/8

EN

Official Journal of the European Union

14.3.2008

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

Article 2

It shall apply from 1 April 2007.

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

Done at Brussels, 13 March 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission