CELEX: 31977R1089
Language: en
Date: 1977-05-25 00:00:00
Title: Commission Regulation (EEC) No 1089/77 of 25 May 1977 on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves

No L 131 /34                               Official Journal of the European Communities                               26 . 5 . 77
                                        COMMISSION REGULATION ( EEC) No 1089/77
                                                             of 25 May 1977
                on detailed rules of application for granting special aid for skimmed milk for
                                         use as feed for animals other than young calves
 THE COMMISSION OF THE EUROPEAN                                          milk for use as feed (5), as last amended by Regulation
  COMMUNITIES,                                                          ( EEC) No 541 /76 (6), should be adapted ; whereas, to
                                                                        ensure that the skimmed milk is used for the purpose
                                                                         intended, provision should be made for its denaturing
  Having regard to the Treaty establishing the European                  or for an equivalent administrative control in addition
  Economic Community,                                                    to the treatment prescribed in Article 2 (2) of Regula­
                                                                         tion (EEC) No 986/68 ; whereas special rules should
  Having regard to Council Regulation (EEC) No                          be made for skimmed milk supplied to mixed farms
 804/68 of 27 June 1968 on the common organization                      where calves are also kept ; whereas, moreover, under
 of the market in milk and milk products (•), as last                   Article 10 of Regulation ( EEC) No 1105/68 , Member
 amended by Regulation (EEC) No 559/76 (2 ), and in                     States shall take the supervisory measures necessary to
 particular Articles 10 (3) and 28 thereof,                             ensure that the conditions governing the granting of
                                                                        the special aid are fulfilled ; whereas any breach
                                                                        should be punished by penal or administrative
 Whereas Article 2a (4) of Council Regulation (EEC)                      measures laid down by the Member States ; whereas it
 No 986/68 of 15 July 1968 laying down general rules                    is desirable that these consequences should be
 for granting ^id for skimmed milk and skimmed-milk                      mentioned in the contracts ;
 powder for use as feed (3), as last amended by Regula­
 tion ( EEC) No 876/77 (4), provides that, in order to
 encourage the use of skimmed milk, a special aid may                   Whereas the special aid may also be granted for
 be granted for the products listed in Article 2 ( 1 ) (a)              skimmed milk used to feed animals other than young
 and (b) of that Regulation if used as feed for animals                 calves on the farm where it has been manufactured ;
 other than young calves ; whereas, because of the                      whereas special provision should be made for this
 present situation on the market in skimmed-milk                        type of case to ensure that this use of skimmed milk
 powder, the abovementioned provisions should be                        is complied with ;
 applied and the relevant detailed rules of application
 laid down ;
                                                                        Whereas, since Council Regulation (EEC) No 1807/76
 Whereas, in the case of skimmed milk supplied by                       of 20 July 1976 on the granting of special aid for
 dairies to farmers, the granting of the special aid                    liquid skimmed milk for use as feedingstuffs for
 should be subject to the conclusion of a contract                      certain animals in regions affected by drought ( 7), as
 between the dairy and the farmer which meets certain                   amended by Regulation ( EEC) No 877/77 (8), applies
 conditions ; whereas such supplies should be subject                   only until 31 May 1977, Commission Regulation
 to a maximum price ;                                                   ( EEC) No 2067/76 of 20 August 1976 on detailed
                                                                        rules for the granting of special aid for skimmed milk
                                                                        for use as feed in regions particularly affected by
 Whereas, to ensure the effectiveness of this measure,                  drought (9), should be repealed ;
 farmers should be given some assurance as to the
 stability of the level of the special aid and the said
 maximum price by providing for them to be adjusted                     Whereas, as regards the information concerning aids
 in the event of a change in the intervention price for                 for skimmed milk to be communicated by the
 skimmed-milk powder or in the prices of competing                      Member States, Commission Regulation ( EEC) No
 proteins ;                                                             210/69 of 31 January 1969 on communications
                                                                        between Member States and the Commission with
 Whereas, in order to ascertain the quantities of                       regard to milk and milk products ( 10), as last amended
 skimmed milk supplied by a dairy under this Regula­                    by Regulation ( EEC) No 706/77 ("), should be
 tion , the monthly record prescribed by Article 5 of                  amended accordingly ;
 Commission Regulation ( EEC) No 1 105/68 of 15 July
                                                                       ( s ) O I No L 1X4, 29 . 7 . 1968 , p . 24.
 1968 on detailed rules for granting aid for skimmed                   (») O"! No L 64. 1 2. 3 . 1 976, p. 11 .
                                                                       ( 7) O'l No L 202, 28 . 7. 1976, p. 1 .
(')  OJ  No L 148 , 28 . 6 . 1968 , p . 13 .                           (s) O'} No L 106, 29 . 4. 1977, p. 26.
(-') OJ  No L 67, 15 . 3 . 1976, p . 9 .                               O O 'l No L 230, 21 . 8 . 1976, p . 9 .
(■') OJ  No L  169 , 18 . 7 . 1968 , p . 4 .                           ( 10) Ó | No L 28 . 5. 2. 1969, p. 1 .
H    OJ  No L 106, 29 . 4 . 1977 , p . 24 .                               ") Ol No I. 86 . 2 . 4 . 1977 , p . 13 .
 ---pagebreak---  26 . 5 . 77                         Official Journal of the European Communities                            No L 131 / 35
 whereas th£ Management Committee for Milk and                      or
 Milk Products has not delivered an opinion within the
 time limit set by its chairman,                                    — subject to an administrative control giving
                                                                        guarantees equivalent to the abovementioned
                                                                        denaturing ;
 HAS ADOPTED THIS REGULATION :
                                                               (d) if the dairy complied with a maximum ex-dairy
                          Article 1                                 selling price for the skimmed milk supplied under
                                                                    such a contract of
 1 . Special aid shall be granted for skimmed milk
 referred to in Article 2 ( 1 ) (a) and (b) of Regulation           — 2 units of account per 100 kilograms for
(EEC) No 986/68 , if it is used as feed for animals                     skimmed milk supplied to specialized farms
other than young calves .                                               and in the case of mixed farms, for skimmed
                                                                         milk other than that for use as feed for young
2. The amount of the special aid shall be 5-5 units                     calves,
of account per 100 kilograms of skimmed milk .
                                                                    — 3-5 units of account per 100 kilograms for
                          Article 2                                     skimmed milk supplied to mixed farms for use
                                                                        as feed for young calves under the provisions
 1.     For the purposes of this Regulation :                           referred to under (b).
(a) 'specialized farm' means a farm keeping pigs
      and/or any other animals except young calves ;           2. The record of milk sold by the dairy provided
                                                               for in Article 5 (2) (e) of Regulation (EEC) No 1 105/68
(b) 'mixed farm ' means a farm keeping both young              shall show separately the quantities sold under this
     calves and other animals ;                                Regulation and shall specify the quantities corres­
(c) 'young calves' means calves not more than five             ponding to each level of aid .
      months old .
2. The rules contained in Regulation (EEC) No                                              Article 4
 1105/68 shall apply to the granting of the special aid,
without prejudice to the special provisions contained           1 . The supply contract shall be concluded only
herein .
                                                               with a farmer managing a farm within the meaning of
                                                               Article 2 ( 1 ) (a) or (b).
                          Article 3
                                                               The contract shall be concluded for a minimum of
 1 . The following special provisions shall apply to
the special aid for skimmed milk referred to in Article        three months and for a period which does not go
2 ( 1 ) (a) of Regulation ( EEC) No 986/68 :                   beyond 31 December 1980 . At the choice of the
                                                               Member State concerned, it may only start to be
The special aid shall only be granted to a dairy               carried out on the first day of a month or on the first
(a) if it has entered into a supply contract with a            Monday of a month .
     farmer which meets the conditions referred to in
     Article 4 ;                                               2.     The contract shall contain :
(b) in respect of the skimmed milk supplied under              (a) the selling price or prices of the skimmed milk
     such a contract, after deducting the quantity                  agreed within the maximum price limits laid
     referred to in the second indent of Article 4 (2) (b)          down in Article 3 ( 1 ) (d) and without prejudice to
     or in Article 4 (4) (b) ;                                      any adjustments under Article 6 (2) ;
(c) if all the skimmed milk supplied under such a
     contract is, at the choice of the Member State            (b) an undertaking by the farmer :
     concerned ,
                                                                    — to use skimmed milk supplied under the
     — denatured by acidification and , depending                       contract exclusively as animal feed on his farm ,
          upon the method of analysis used , the
          minimum degree of acidity is :                            — in the case of mixed farms, to take delivery
          Soxhlet Henkel : -20 SH ,
                                                                        during the duration of the contract of a
          Dornic : 45 Domic ,
                                                                        minimum quantity of skimmed milk for
          Kruisher : 50° N ,
                                                                        young calves which does not qualify for special
                                                                        aid ; this minimum quantity shall be calculated
          British Standard 1741 : 0-45 % ' lactic acid ,
                                                                        on the basis of a daily consumption of 8 kilo­
     — or denatured by the addition of 1 gram of E                      grams per head and a number equal to the
          122 (Azorubin ) per 1 000 kilograms of                        maximum      number      referred to  in the first
          skimmed milk ,                                                indent of paragraph 3 (c).
 ---pagebreak---  No L 131 /36                      Official Journal of the European Communities                                26 . 5 . 77
    — to forward to the dairy, before the 10th day of                  farmer undertakes not to keep the calves
         each month :                                                  referred to under (a) on his farm for more than
         — a statement of the size of his herd on the                  25 days after their birth , if they are made ; or
              last day of the previous month , showing            — 30 % of of the milk delivered by the farm to
              where necessary calves not more than five                the dairy during the said period of validity, if
              months old separately from other animals,                he does not give such an undertaking.
         — an estimate of his herd for the current
              month ;                                        5. The contract shall be drawn up in at least three
                                                             copies, one of which shall, within 10 days of its
(c) the penal or administrative consequences fixed by        conclusion , be deposited by the dairy with the compe­
    the Member State concerned to which the dairy            tent authority in the Member State concerned for regis­
    and the farmer are liable in the case of a breach of     tration .
    this Regulation .
                                                             The statements referred to in the third indent of para­
3.    The contract shall also contain :                      graph 2 (b) shall be kept by the dairy for at least two
                                                             years .
(a) an estimate of the quantity to be supplied by the
    dairy, either per week or per month or during the
    first three months of the carrying out of the                                       Article 5
    contract, including where appropriate the quantity
    referred to in the second indent of paragraph 2           1 . With regard to the special aid for skimmed milk
    (b);                                                     referred to in Article 2 ( 1 ) (b) of Regulation ( EEC) No
(b) in the case of specialized farms, an estimate of the     986/ 68 ,
    minimum number of animals concerned during
    the first three months of the carrying out of the        (a) the farmers concerned shall forward to the compe­
    contract ;                                                    tent body in their Member State :
(c) in the case of mixed farms,                                   — an application in which is given the informa­
                                                                       tion referred to in Article 4 (3) (b) or (c),
    — the maximum number of young calves which
         the farmer undertakes not to exceed during the           — an undertaking immediately to notify any
         first three months of the carrying out of the                 change in this information which might
         contract,                                                     involve a change in the rate of aid ;
    — an estimate of the average number of each              (b) the undertakings referred to in Article 4 (2) (b)
         species of animal consuming skimmed milk                 shall apply by analogy, without prejudice to the
         that will be kept during the first three months          provisions of Regulation (EEC) No 1105/68 .
         of the carrying out of the contract.
                                                             2.      However, for the dairies referred to in Article 5a
If the contract was concluded for a period exceeding         of Regulation (EEC) No 1105/68 , Member States may
three months, the farmer, at least 15 days before the        dispense with the undertakings referred to in Article 4
end of each quarter, shall make to the dairy a declara­      (2) (b) if, without prejudice to the said Article 5a, the
tion which shall become an integral part of the              dairies undertake,
contract indicating the figures, referred to under (a),
(b) and (c) valid for the following quarter or, as the       (a) to keep only a pig herd and
case may be, for the remainder of the period if
shorter.                                                     (b) to use the skimmed milk of their own production
                                                                  as feed exclusively for this herd .
4.    Member States may decide not to apply the provi­
sions referred to in the second and third indents of
                                                                                        Article 6
paragraph 2 (b) and in paragraph 3 for mixed farms
where the farmer undertakes in the contract :
                                                             1 . The amount of the aid referred to in Article 1 (2)
(a) not to keep calves other than those from his own         and the level of the maximum prices referred to in
    dairy cows ; and                                         Article 3 ( 1 ) (d) shall remain unchanged at least until
                                                             30 September 1977. With effect from this date, taking
(b) during the validity of the contract, to take delivery
                                                             particular account of the price developments for
    of a quantity of skimmed milk not benefiting
                                                             competing proteins and of any changes to the inter­
    from the special aid, equal to
                                                             vention price of skimmed-milk powder, they shall be
    — 15 % of the milk delivered by the farm to the          reviewed every three months and, if necessary,
         dairy during the said period of validity, if the    amended .
 ---pagebreak--- 26. 5. 77                           Official Journal of the European Communities                       No L 131 /37
2.    In the case of an amendment under paragraph 1 ,                                 Article 8
the contracts between the dairies and the farmers shall
be adapted accordingly with effect from the date of           Regulation (EEC) No 2067/76 is hereby repealed with
application of the said amendment.                            effect from 1 June 1977.
                         Article 7                                                    Article 9
In Article 4 ( 1 ) of Regulation (EEC) No 210/69 there        This Regulation shall enter into force on the third day
shall be added under A. I. (a) 1 . the words : 'indicating    following its publication in the Official Journal of
separately the quantities of skimmed milk benefiting           the European Communities.
from the special aid provided for in Regulation (EEC)
No 1089/77'.                                                  It shall apply with effect from 1 June 1977 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels, 25 May 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President