Commission Regulation (EC) No 232/2008 of 14 March 2008 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: 2008-03-14
Institutions: European Commission
Subjects: EU aid, EU control, aid to agriculture, contract, fodder, processing industry

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COMMISSION REGULATION (EC) No 232/2008

of 14 March 2008

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,

implementing rules contained in Commission Regulation
(EC) No 382/2005 (4).

Having regard to the Treaty
Community,

establishing the European

(3)

undertakings

In particular, Article 10 of Regulation (EC) No
1786/2003 provides among others the obligation of
processing
records.
Article 12 of the said Regulation determines the infor-
mation to be stated in the contracts provided for by
Article 86(1)(a) of Regulation (EC) No 1234/2007 and
Article 13 of Regulation (EC) No 1786/2003 provides
that Member States have to introduce control systems.

stock

keep

to

(4)

Those conditions and obligations have not been incor-
porated in the Regulation (EC) No 1234/2007.

(5)

(6)

(7)

In order to enable the dried fodder sector to continue to
function properly and in the interest of clarity and
rationalisation, those conditions and obligations should
be laid down in Regulation (EC) No 382/2005.

Eligibility for the aid requires, in certain cases, conclusion
of a contract between producers and processing under-
takings. To promote transparency of
the production
chain and facilitate essential checking, certain particulars
in contracts should be made compulsory.

should therefore be
To receive the aid, processors
required to keep stock records providing necessary infor-
mation for checking entitlement and to furnish any other
document needed.

support

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
and
establishing
(EC) No
amending
(EC)
1452/2001,
No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC)
No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1),
and in particular the second subparagraph of Article 71(2)
thereof,

certain
Regulations
(EC) No 1453/2001,

(EC) No 1454/2001,

for
2019/93,

(EEC) No

schemes

farmers

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri-
cultural markets and on specific provisions for certain agri-
cultural products (Single CMO Regulation) (2), and in particular
Articles 90 and 194(a) in conjunction with Article 4 thereof,

Whereas:

Council Regulation (EC) No 1786/2003 of 29 September
2003 on the common organisation of the market in
dried fodder (3)
is to be repealed from 1 April 2008
under Article
(EC) No
of Regulation
201(1)(b)
1234/2007.

(1)

(2)

Article 86(1) of Regulation (EC) No 1234/2007 provides
for an aid for processing in respect of the products of the
to be granted to undertakings
dried fodder
processing products. The conditions and the obligations
to be fulfilled by those undertakings are currently laid
down in Regulation (EC) No 1786/2003 and in its

sector

(8) Where there is no contract between the producers and
the processing undertakings, the latter should have to
to be
provide other information allowing entitlement
checked.

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008,
p. 1).

(2) OJ L 299, 16.11.2007, p. 1.
(3) 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).

(9)

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

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

(EC) No 1388/2007 (OJ L 310, 28.11.2007, p. 3).

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(10)

In accordance with Article 33(2)(e), Member States
should notify to the Commission, inter alia, the changes
in areas of leguminous and other green fodder. In order
to render
it should be
the areas concerned are those whose
specified that
production was, in the previous marketing year, subject
to processing in view of obtaining the aid referred to in
Article 88 of Regulation (EC) No 1234/2007.

this provision more precise,

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

grinding and, in respect of each delivery:

(i) the date of entry,

(ii) the quantity,

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(iii) the type or types referred to in Part IV of Annex I to
Regulation (EC) No 1234/2007 of
fodder to be
dehydrated and, where applicable, sun-dried fodder,

HAS ADOPTED THIS REGULATION:

(iv) the moisture content of fodder to be dehydrated,

Article 1

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

(v) the

references of

and/or delivery
declaration provided for in Article 14 or 15 of
this Regulation.

contract

the

1. Article 12 is replaced by the following:

(b) the quantities produced and any quantities of all

additives used in manufacture;

‘Article 12

(c)

the quantities leaving, and,
leaving,
recorded;

the moisture

for each lot,

the date of
content and protein content

Stock records of processing undertakings

1.
Aid provided for in Article 86(1) of Council Regulation
(EC) No 1234/2007 (*) shall only be granted to undertakings
processing the products listed in Part IV of Annex I to that
Regulation which comply with the following conditions:

(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;

(a)

they keep stock records containing at least the following
information:

(e)

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

(i) the quantities of green fodder and, where applicable,
sun-dried fodder processed; however, where the
particular
the undertaking so
require, quantities may be estimated on the basis of
areas sown;

circumstances of

(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.

(ii) the quantities of dried fodder produced and the
quantities, with their quality, that leave the processor;

(b) they provide any other supporting documents needed for

verifying entitlement to the aid.

Processing undertakings

3.
stock
records for all categories of dried fodder provided for in
Part IV of Annex I of Regulation (EC) No 1234/2007.

shall keep separate

4. Where a processing undertaking also dehydrates or
it shall keep
processes products other than dried fodder,
separate stock records in respect of such other dehydrating
or processing activities.

2.
The stock records of processing undertakings provided
for in paragraph 1 shall be kept in conjunction with the
accounts and shall permit daily tracking of:

___________
(*) OJ L 299,16.11.2007, p. 1.’;

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2. Article 14 is replaced by the following:

3. the following Article 22a is inserted in Chapter 5:

‘Article 14

Contracts

1.
Each contract as referred to in Article 86(1), points (a)
and (c) of Regulation (EC) No 1234/2007 shall include, in
particular:

(a)

the price to be paid to the grower of the green fodder or,
if appropriate, sun-dried fodder;

(b) the area from which the crop is to be delivered to the

processor;

‘Article 22a

Inspection systems

1. Member States shall introduce inspection systems for
verifying that each processing undertaking has complied with
the following:

(a)

the conditions laid down in Articles 1, 3, 86 to 89 of
Regulation (EC) No 1234/2007 and Articles 12 and 14
of this Regulation;

(c)

the delivery and payment terms;

(b) the quantities covered by aid applications correspond to
the quantities of dried fodder meeting the minimum
quality that leave the processing undertakings.

(d) the names and addresses of the parties to the contract;

(e)

the date on which it is concluded;

(f)

the marketing year concerned;

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

quantity likely to be involved;

(h) 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 a processing undertaking is executing a special-
order contract for processing of fodder as referred to in
(EC) No 1234/2007
Article 86(1)(a)
concluded with an independent producer or with one or
more of its own members, the contract shall also indicate:

of Regulation

(a)

the finished product to be delivered;

Dried fodder

2.
processing plant and samples taken.

shall be weighed on leaving the

Before adopting provisions

3.
the application of
paragraph 1, Member States shall notify such provisions to
the Commission.’;

for

4.

in Article 33(2) point (e) is replaced by the following:

‘(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 to this Regulation,
and the changes in areas of leguminous and other green
referred to in
fodder
to processing
in
Article 86(1) of Regulation (EC) No 1234/2007,
in the
accordance with Annex II to this Regulation,
previous marketing year;’.

subject

as

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

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

It shall apply from 1 April 2008.

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

Done at Brussels, 14 March 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission