CELEX: 31975R0832
Language: en
Date: 1975-03-26 00:00:00
Title: Regulation (EEC) No 832/75 of the Commission of 26 March 1975 laying down detailed rules for the application of the system of aid for dehydrated fodder

No L 79/42                            Official Journal of the European Communities                              28 . 3 . 75
                             REGULATION (EEC) No 832/75 OF THE COMMISSION
                                                       of 26 March 1975
                laying down detailed rules for the application of the system of aid for dehy­
                                                         drated fodder
 THE COMMISSION OF THE EUROPEAN                                    contract must be concluded in writing and indicate in
 COMMUNITIES,                                                      particular the date on and term for which it is
                                                                   concluded     and  the  names    and  addresses   of   the
 Having regard to the Treaty establishing the European             Contracting Parties ;
 Economic Community ;
                                                                   Whereas, to simplify the operation of the aid arrange­
 Having regard to Council Regulation (EEC) No                      ments, Member States should be allowed to specify a
  1067/74 (') of 30 April 1974 on the common organiza­             minimum quantity in respect of which an application
 tion of the market in dehydrated fodder, and in parti­            for aid may be made ;
 cular Articles 3 (5) and 4 (5) thereof ;
                                                                   Whereas the proper operation of the system requires
 Having regard to the conditions laid down in Article 1            that uniform provisions for the payment of aid be laid
 of Council Regulation (EEC) No 11 92/74 (2) of 13                 down ;
 May 1974 on aid for dehydrated fodder, as amended
 by Regulation (EEC) No 1 56/75 (3), the minimum
 quality prescribed for such products, expressed in               Whereas the measures provided for in this Regulation
 terms of moisture and protein content, should be that             are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Dried Fodder,
 recorded on the Community market ; whereas, taking
 commercial practices into account, the moisture
 content should be differentiated according to the
 drying process used ;
                                                                   HAS ADOPTED THIS REGULATION :
 Whereas Article 5 of Regulation (EEC) No 1192/74
 provides that Member States shall set up a supervisory
 system in order to verify, for each drying plant,                                         A rticle 1
whether the conditions set out in that Regulation have
been complied with and whether a plant's output of                This Regulation lays down with effect from the
dehydrated fodder meeting the minimum quality                     marketing year 1975/76 detailed rules for the applica­
 requirement corresponds to the quantity for which aid            tion of the system of aid for dehydrated fodder.
has been requested ; whereas, consequently, the
accounts of drying plants, declarations of area and
applications for aid must include the minimum
                                                                                           Article 2
details necessary for such verification ; whereas the
other documentary evidence which may be required
of drying plants for the purposes of such verification             1 . For the purposes of this Regulation , 'drying­
should also be indicated ;                                        plant' means the following :
Whereas, in order to ensure that such verification is             (a) any premises or other place within the periphery
effective, provision should be made to define the term                 of an establishment where drying is carried out by
'drying plant' and also the date on which fodder is to                 means of a drier which satisfies the following
be regarded as having left such plant ;                                requirements :
                                                                      — air temperature at the entry point not less than
Whereas, in order to facilitate verification of the enti­                  93° C ;
                                                                               J
tlement to aid and so that Member States may know
the estimated volume of production, provision should                  — residence time of the fodder being dehydrated
be made specifying a date by which contracts                               not exceeding three hours ;
concluded between drying plants and farmers are to                    — in case of drying in layers of fodder, bed depth
be lodged ;                                                                of each layer no deeper than one metre ;
Whereas, in order to facilitate the marketing of fodder           (b) where the dehydrated fodder cannot be stored
for dehydration , it should be provided that each                     within the periphery as aforesaid, any storage place
                                                                      outside it offering adequate safeguards for
(') OJ No L 120, 1 . 5 . 1974, p. 2.                                   purposes of verification of the fodder stored there
(2 ) OJ No L 131 , 14 . 5. 1974, p. 1 .                               being a place approved in advance by the
(3) OJ No L 19, 24. 1 . 1975, p. 5.                                   authority responsible for such verification ;
 ---pagebreak--- 28 . 3 . 75                          Official Journal of the European Communities                          No L 79/43
(c) in the case of mobile drying equipment :                    2. Where a drying plant also dries products other
                                                                than fodder as specified in Article 1 of Regulation
     — the totality of such drying equipment,                  (EEC) No 1067/74, it shall keep separate accounts in
          provided that this includes a dryer, which satis­     respect of these other drying activities.
          fies the requirements set out in (a) ; .
     — if the dehydrated fodder is stored by the
          person having dried it, any storage place which
          satisfies the provisions of (b).                                                Article 5
2. For the purposes of this Regulation , dehydrated             1 . The other documentary evidence to be supplied
fodder shall be considered to have left the drying              by drying plants shall be as follows :
plant where :
                                                                (a) in the case of all drying plants :
(a) it leaves such plant in the unaltered state ;
                                                                    — particulars whereby the production capacity of
(b) it has been mixed within that plant with raw ma­                      the plant may be determined,
     terials, other than those specified in Article 1 of
     Regulation (EEC) No 1067/74, with a view to the                — details of the fuel stocks held in the plant at
     manufacture of feed .                                                the beginning of the production period,
                                                                    — invoices for the purchase of fuel and the meter
3 . By way of derogation from paragraph 2, where a                        readings of consumption of electricity during
drying plant uses fodder dried by it for the purposes                     the production period,
of a farming enterprise belonging to it, the dehydrated             — details of fuel stocks held at the end of that
fodder produced during a period to be fixed, at least
twice during each marketing year, by each Member                          period,
State shall be considered to have left the drying plant             — details of the number of hours worked by the
on the last day of such period .                                          staff of the plant ;
                                                                (b) in the case of drying plants which sell their own
                                                                    output, the invoices in respect of their sales of
                           Article 3                                 dehydrated fodder, with details in particular of :
                                                                    — the quantity and the quality of the fodder sold,
 1.    The maximum moisture content as referred to in
subparagraph (a) of Article 1 of Regulation (EEC) No                — the name and address of the purchaser ;
 1192/74 shall be :
                                                                (c) in the case of plants processing for their members
                                                                     fodder produced by those members, the delivery
— 12% for dehydrated fodders which have under­                       orders or any other accounting document accep­
     gone a milling process ;                                        table to the body responsible for verification , with
— 14% for other dehydrated fodders.                                  details in particular of :
                                                                    — the quantity and quality of the processed
2. The minimum crude protein content as referred                          fodder delivered ,
to in subparagraph (b) of Article 1 of the aforemen­
tioned Regulation shall be 14% .                                     — the names of the persons to whom such fodder
                                                                          was delivered ;
                                                                (d) in the case of plants processing for farmers fodder
                           Article 4                                 supplied by those farmers, invoices in respect of
                                                                     their processing charges, with details in particular
                                                                     of :
 1.     In addition to the details referred to in Article 2
(a) of Regulation (EEC) No 1 1 92/74, the stock                     — the quantity and the quality of dehydrated
accounts of drying plants must include at least details                   fodder produced,
of :
                                                                     — the names of the farmers concerned ;
— the quantities and the quality of dehydrated fodder           (e) in the case of drying plants using, on farms which
     entering the plant,                                             belong to them , fodder dried by them :
— the stock of dehydrated fodder at the end of each                  — details of the number of livestock on such
     marketing year,                                                      farms at the beginning of the marketing year,
— the dates on which the dehydrated fodder left the                  — details of any changes in such livestock
     plant.                                                               numbers during the marketing year.
 ---pagebreak---   No L 79/44                         Official Journal of the European Communities                               28 . 3 . 75
  2. The documentary evidence referred to in para­              regarded as a single lot in so far as the overall quantity
 graph 1 shall be supplied by the plant at the request          of such fodder does not exceed 100 metric tons . Each
  of the body responsible for verification of entitlement       sample must be representative of the quantities
  to aid .                                                      concerned .
                                                                4.     The   determination    of   moisture   and    crude
                           Article 6                            protein content shall be carried out for each lot in
                                                                accordance with the method laid down in the Commu­
 The declaration of areas referred to in Article 3 of
                                                                nity provisions establishing Community methods of
 Regulation (EEC) No 1192/74 shall be submitted each            analysis for the official control of feedingstuffs .
 year at latest on 31 October following the beginning
 of the marketing year concerned .
                                                                                       Article 10
 Each declaration shall include at least the following :
                                                                Aid shall be granted to drying plants on applications
— particulars of the area in hectares and ares and              to be submitted not later than 31 May following the
      broken down by crop ;                                     end of the marketing year. Member States may pres­
— the cadastral register number of the areas or a refer­        cribe a minimum quantity per application .
      ence recognized as equivalent by the body respon­
      sible for the verification of the areas .
                                                                                       Article 11
                          Article 7                             Every application for aid shall contain at least the
                                                                following ;
 Drying plants shall lodge with the body responsible
 for verification of the entitlement to aid , not later than   — the name, forename, address and signature of the
one month after the date on which they are                          applicant ;
concluded, contracts as referred to in Article 4 ( 1 ) of      — particulars of the quantity in respect of which
Regulation (EEC) No 1192/74.                                        application for aid is made ;
                                                               — the date or dates on which each quantity left the
                          Article 8                                 plant.
 1 . Contracts shall be in writing. They shall be made                                 Article 12
in respect of a specified crop area or of an estimated
quantity of fodder.                                            The Member State concerned shall pay the amount of
                                                               the aid within 180 days following receipt of the appli­
2. In addition to the provisions specified in Article          cation .
4 (2) of Regulation (EEC) No 1192/74, each contract
shall include inter alia the following :
                                                                                       Article 13
(a) the names, forenames and addresses of the
     contracting parties ;                                     Each Member State shall inform the other Member
(b) the date on which it is concluded ;                        States and the Commission , not later than one month
(c) the term for which it is concluded ;                       after the date on which they are put into effect, of the
(d) the type or types of crop concerned ;                      provisions adopted by it for the purposes of the verifi­
(e) where the contract is in respect of a specified area,      cation provided for in Article 5 ( 1 ) of Regulation
     the particulars necessary for the identification of       (EEC) No 1192/74. Where' such provisions are not
     the area concerned .
                                                               adequate for the purposes of that paragraph , the
                                                               amendments       which   the  Member     State  concerned
                          Article 9                            must make to them shall be decided under the proce­
                                                               dure laid down in Article 12 of Regulation (EEC) No
 1 . Sampling pursuant to Article 5 (2) of Regulation          1067/ 74 .
(EEC) No 1 192/74 shall be carried out for each lot of
dehydrated fodder in accordance with a standard                                        Article 14
Community method . However, until Community
provisions are adopted in this matter, Member States           Member States shall assist each other in the applica­
shall use a method of their choice .
                                                               tion of the provisions of this Regulation , particularly
                                                               as regards the verification of entitlement to aid .
2. A 'lot' means a specific quantity of fodder
leaving a drying plant at the same time .
                                                                                       Article 15
3 . However, where fodder leaves in quantities of
less than 100 metric tons, the fodder leaving during a         This Regulation shall enter into force on 1 April
period to be fixed by the Member States shall be               1 975 .
 ---pagebreak--- 28 . 3 . 75                    Official Journal of the European Communities                        No L 79/45
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 26 March 1975.
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                               Member of the Commission