CELEX: 31974R1370
Language: en
Date: 1974-05-31 00:00:00
Title: Regulation (EEC) No 1370/74 of the Commission of 31 May 1974 laying down detailed rules for applying the system of aid for dehydrated fodder for the 1974/75 marketing year

1 . 6. 74                                Official Journal of the European Communities                           No L 147/55
                             REGULATION (EEC) No 1370/74 OF THE COMMISSION
                                                          of 31 May 1974
               laying down detailed rules for applying the system of aid for dehydrated fodder for
                                                    the 1974/75 marketing year
THE COMMISSION OF THE EUROPEAN                                      Whereas to simplify the application of che aid system
COMMUNITIES,                                                        the Member States should be allowed to specify a
                                                                    minimum quantity in respect of which an application
Having regard to the Treaty establishing the Euro­                  for aid may be made ;
pean Economic Community ;
                                                                    Whereas the proper operation of che system requires
                                                                    that uniform provisions for the payment of aid be
Having regard to Council Regulation (EEC)                           laid down ;
No 1067/74 (*) of 30 April 1974 on the common
organization of the market in dehydrated fodder,                    Whereas the period of application of this Regulation
 and in particular Articles 3 (5 ) and 4 (5 ) thereof ;             should be limited to a period sufficient to permit its
                                                                    effectiveness to be assessed ;
Whereas having regard to the conditions laid down
in Article 1 of Council Regulation (EEC) No 1192/                   Whereas the measures provided for in this Regulation
74 (2) of 13 May 1974 on aid for dehydrated fodder                  are in accordance with the Opinion of the Manage­
 the minimum quality laid down for such products,                    ment Committee for Dehydrated Fodder.
 expressed in terms of moisture and protein content,
 should be chat recorded on the Community market ;
 whereas, taking commercial practices into account,                  HAS ADOPTED THIS REGULATION :
 the    moisture     content   should      be    differenciated
 according to the processes of manufacture ;                                                 Article 1
 Whereas Article 5 of Regulation ( EEC) No 1192/74
                                                                     This Regulation lays down for the 1974/75 marketing
 provides that Member States shall set up a super­
                                                                     year detailed rules for the application of the system
 visory system in order to verify, for each drying
                                                                     of aid for dehydrated fodder.
 plant, whether the conditions set out in chat Regu­
 lation have been complied with and whether the
  plants' output of dehydrated fodder meeting the                                            Article 2
  minimum quality requirement corresponds to the
 quantity for which aid has been requested ; whereas,                1.     The maximum moisture content as referred to
 consequently, the accounts of drying plants, declara­               in subparagraph (a ) of Article 1 of Regulation (EEC)
  tions of area and applications for aid must include                No 1192/74 shall be :
  the minimum details necessary for such verification ;
  whereas, the other documentary evidence which may                  — 12 °/o for dehydrated fodders which have under­
  be required of drying plants for the purposes of such                  gone a milling process ;
  verification should also be indicated ;
                                                                     — 14 °/o for the other dehydrated fodders.
 Whereas, in order to facilitate verification of the
                                                                     2 . The minimum crude protein content as re­
  entitlement to aid and so chat Member States may                   ferred to in subparagraph (b ), Article 1 of the afore­
  know the estimated volume of production , provision                mentioned Regulation shall be 14 %>.
  should be made specifying a date by which contracts
  concluded between drying plants and farmers are to
  be lodged ;                                                                                Article 3
  Whereas in order to facilitate the marketing of fodder             1.     In addition to the details referred to in Article
  for dehydration it should be provided that each                    2 ( a ) of Regulation ( EEC) No 1192/74, th.e stock
  contract must be concluded in writing and , indicate               accounts of drying plants must include at least details
  in particular the date and period for which it is                  of the quantities and the quality of dehydrated fodder
  concluded and the names and addresses of the con­
                                                                     entering the plant.
  tracting parties ;
                                                                     2.     Where a drying iplant dehydrates likewise pro­
  (») OJ No L 120, 1 . 5 . 1974, p. .5 .
                                                                      ducts other than fodders it shalll keep separate ac­
  H OJ No L 131 , 14 . 5 . 1974, p. 1 .                              counts in respect of these other dehydrating activities.
 ---pagebreak---  No L 147/56                         Official Journal of the European Communities                                   1 . 6. 74
                          Article 4                                                        Article 5
                                                                The declaration of areas referred to in Article 3 of
 1 . The other documentary evidence to be supplied              Regulation (EEC) No 1192/74 shall be submitted
 by drying plants shall be as follows :                          before 31 July 1974.
 (a) for all drying plants :                                     Each declaration shall include at least the following :
      — details permitting the determination of the             — particulars of the area in hectares and ares and
          production capacity of the plant,                            broken down by crop ;
      — details of the fuel stocks held in the plant            — the cadastral register number of the areas or a
           at the beginning of the production period,                  reference recognized as equivalent by the body
                                                                       responsible for the verification of the areas.
      — invoices for the purchase of fuel and the
          meter reading of consumption of electricity
          during the production period,                                                    Article 6
      — details of fuel stocks held at the end of that
          period,                                                Drying plants shall lodge with the body responsible
                                                                for verification of the entitlement to aid not later
      — details of the number of hours worked by the            than one month after the date on which they are
          staff of the plant ;                                  concluded, contracts as referred to in Article 4 (1 )
                                                                 of Regulation (EEC) No 1192/74.
 (b ) for drying plants which sell their own output, the
      invoices in respect of their sales of dehydrated                                     Article 7
      fodder, with details in particular of :
      — the quantity and the quality of fodder sold ,            1.       Contracts shall be concluded in writing. They
                                                                shall be made in respect of a particular crop area
      — the name and address of the purchaser ;                 or of an estimated quantity of fodder.
 (c) for plants processing for their members fodder             2.        In addition to the provisions specified in Article
      produced by those members, the delivery orders            4 (2) of Regulation (EEC) No 1192/74, each contract
      in respect of the processed fodder, with details          shall include inter alia the following :
      in particular of :
                                                                ( a ) the names, forenames and addresses of the
      — the quantity and quality of the processed                      contracting parties ;
          fodder delivered,
                                                                ( b ) the date on which it is concluded ;
      — the names of the persons to who such
          fodder was delivered ;                                (c) the term for which it is concluded ;
                                                                (d ) the type or types of crop concerned ;
 (d ) foi plants processing farmers' fodder supplied
      by those farmers, invoices in respect of their            ( e ) where the contract is in respect of a particular
      processing charges, with details in particular of :               area, the particulars necessary for the identifica­
                                                                        tion of the area concerned .
      — the quantity and the quality of dehydrated
          fodder produced,
                                                                                           Article 8
      — the names of the farmers concerned ;
                                                               For the purpose of this Regulation, the dehydrated
(e) for drying plants using the fodder on farms which          fodder considered as leaving the drying plant are
      belong to them :                                         those which :
      — details of the number of live-stock on such            — leave that enterprise as such ;
          farms at the beginning of the marketing year,
                                                               — are blended, within that enterprise, with other
      — details of any changes in such live-stock                     raw materials with a view to the manufacture of
          numbers during the marketing year.                           compound food for animals.
2. The documentary evidence referred to in para­                                           Article 9
graph 1 shall be supplied by the plant at the request
of the body responsible for verification of entitlement        1.        For the purposes of Article 5 ( 2) of Regulation
to aid .                                                       ( EEC) No 1192/74 the maximum quantity which
 ---pagebreak---  1 . 6. 74                            Official Journal of the European Communities                          No L 147 /57
 may be represented by any one sample shall be 100               — the quantity in respect of which application for
 metric tons of dehydrated products and sampling                     aid is made ;
 shall be carried out in accordance with a standard
 Community method.                                               — the date or dates on which each quantity left the
                                                                     plant.
 However, until Community provisions are adopted
 in this matter, Member States shall use a method of                                    Article 12
 their choice, to be notified to the Commision not
 later than 31 July 1974.
                                                                The Member State concerned shall pay the amount
 2.    The   determination     of    moisture   and   crude
                                                                of the aid within 180 days following receipt of the
                                                                application .
 protein content shall be carried out in accordance
 with the method laid down in the Community
 provisions establishing Community methods of                                           Article 13
 analysis for the official control of feedingstuffs .
                                                                Member States shall inform the other Member States
                                                                and the Commission, before 30 June 1974 of the
                         Article 10                             provisions adopted by them for the purposes of
                                                                the verification provided for in Article 5 ( 1 ) of Regu­
Aid shall be granted to drying plants on applications           lation ( EEC) No 1192/74. Where such provisions are
to be submitted not later than 31 May 1975 . The               not adequate for the purposes of that paragraph,
Member States may determine the minimum quantity               the amendments which the Member State concerned
required for each application .                                must make to them shall be decided under the
                                                               procedure laid down in Article 12 of Regulation
                                                                (EEC ) No 1067/74 .
                         Article 1 1
                                                                                        Article 14
Every application for aid shall contain at least the
following :
                                                               This Regulation shall enter into force on the day
— the name, forename, address and signature of the             following its publication in the Official Journal of
     applicant ;                                               the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 31 May 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI