CELEX: 31975R1885
Language: en
Date: 1975-07-23 00:00:00
Title: Regulation (EEC) No 1885/75 of the Commission of 23 July 1975 amending Regulation (EEC) No 832/75 laying down detailed rules for the application of the system of aid for dehydrated fodder

No L 191 / 26                              Official Journal of the European Communities                                24. 7 . 75
                                  REGULATION ( EEC) No 1885/75 OF THE COMMISSION
                                                             of 23 July 1975
                    amending Regulation ( EEC) No 832/75 laying down detailed rules for the applica­
                                          tion of the system of aid for dehydrated fodder
 THE COMMISSION OF THE EUROPEAN                                         No 1067/74 shall be reduced by the effect on the
  COMMUNITIES ,                                                         dehydrated product of the amount granted as national
                                                                        aid ; whereas the proper functioning of the Commu­
                                                                        nity aid system requires that such national measures
  Having regard to the Treaty establishing the European
                                                                        be communicated in good time to the Commission ;
  Economic Community ;
                                                                        Whereas the measures provided for in this Regulation
  Having regard to Council Regulation (EEC) No                          are in accordance with the Opinion of the Manage­
  1067/74 (') of 30 April 1974 on the common organiza­                  ment Committee for Dried Fodder,
 tion of the market in dehydrated fodder, as amended
 by Regulation ( EEC) No 1 420/75 (2), and in particular
 Articles 3 (5) and 4 (5) thereof ;
                                                                        HAS ADOPTED THIS REGULATION :
 Whereas Regulation ( EEC) No 1420/75 has extended
 the field of application of Regulation (EEC) No
  1067/ 74 to dehydrated products obtained from pota­                                              Article 1
 toes ; whereas , in order to ensure that an effective
 check is kept upon entitlement to aid, it is necessary                 Commission Regulation (EEC) No 832/75 (5) of 26
 to specify when such products are to be regarded as                    March 1975 is hereby amended with effect from 1
 leaving the drying plant in the event of their being                  July 1975 in accordance with the following Articles.
 mixed with other dehydrated fodder ;
                                                                                                   A rticle . 2
 Whereas some potatoes are not sold directly be the
 producers to the drying plants before their dehydra­
 tion ; whereas , on the other hand, in order to ensure                 1.      The following provision is added to Article 2 (2).
 that the producers may benefit from the aid system ,                        'c) in the case of products as specified in Article 1
 Article 3 of Regulation (EEC) No 1067/74 lays down                               (a) of Regulation (EEC) No 1067/74, it has
 that in certain cases the aid shall be granted only to                           been mixed within that plant with products as
 drying plants which have concluded contracts with                                specified in Article 1 (b) of that Regulation.'
 producers of fodder for dehydration ; whereas, in order
 to avoid excluding from the scope of the aid dehy­
 drated products obtained from the potatoes referred to
                                                                       2.       New paragraphs 4 and 5 as follows are added to
                                                                       Article 2 :
 above, it should be provided that contracts may be
 concluded by producers with persons authorized in                          '4 . The determination of the weight of the dehy­
 that behalf by the drying plants ;                                         drated fodder and the drawing of samples shall be
                                                                            carried out as near as possible to the time at which
 Whereas, in order to ensure that the system of aid                          it leaves the plant.
 shall be applied only to products eligible therefor, the
 expression 'unfit for human consumption' as used in                         5 . The products specified in Article 1 (a) of
 Article I (a) of Regulation ( EEC) No 1067/ 74 should                      Regulation ( EEC) No 1067/74 shall be regarded as
 be defined ;                                                               "unfit for human consumption " when they are
                                                                            obtained from potatoes with their peels.'
Whereas Article 6a of Council Regulation ( EEC) No
 11 92/ 74 (-') of 13 May 1974 on aid for dehydrated                                               A t t idc 3
 fodder, as last amended by Regulation ( EEC) No
 1 42 1 / 75 (4 ), lays down that where a Member State
                                                                       Article 3 is amended to read as follows :
grants a national aid for fresh potatoes the amount of
the aid referred to in Article 3 of Regulation ( EEC)                       '1.      The maximum moisture content as referred
                                                                            to in subparagraph (a) of Article 1 of Regulation
(') Ol No L 120 , 1 . 5 . 1974, p. 2 .                                      ( EEC) No 1 192/ 74 shall be :
(-) 0"[ No L 141 , 3 . 6. 1 975, p. 1 .
O O'l No L 131 , 14 . 5 . 1974, p. 1 .
( f ) O'l No 1 . 141 , 3 . 6 . 1975 , p. 3 .                           (') OJ No 1. 79 , 28 . 3 . 1975 . p. 42 .
 ---pagebreak--- 24 . 7 . 75                          Official Journal of the European Communities                          No L 191 /27
     — 1 2 % for products as specified in Article 1 (b)            — of less than 100 metric tons in the case of
           of Regulation (EEC) No 1067/74 which have                    products as specified in Article 1 (b) of the said
           undergone a milling process,                                 Regulation,
     — 14 % for other dehydrated fodder.                           the fodder leaving during a period to be fixed by
     2. The minimum crude protein content as                       the Member States shall be regarded as a single lot
     referred to in the second subparagraph of Article 1
                                                                   in so far as the overall quantity of such fodder
                                                                   does not exeed as the case may be 500 or 100
     (b) of the aforementioned Regulation shall be                  metric tons .
      i4% :
                                                                    Each sample must be representative of the quanti­
                          Article 4                                ties concerned .'
The following subparagraph is added to Article 4 ( 1 ):
                                                                                        Article 9
     'Separate stock accounts shall be kept in respect of
     each of the products of subheadings ex 07.04 B, ex        Article 10 is amended to read as follows :
      11.05 and ex 12 . 10 B of the Common Customs
     Tariff set out in Article 1 of Regulation (EEC) No            ' Article 10
      1067/74.'
                                                                    1 . Aid shall be granted to drying plants in
                           Article 5                                respect of the dehydrated fodder leaving them in
                                                                   the course of the marketing year, on applications
                                                                   to be submitted :
Article 5 ( 1 ) (e) is amended to read as follows :
                                                                   — not later than 31 August following the end of
     '(e) in the case of drying plants using, on farms                  the marketing year in the case of products
            which belong to them, fodder dried by them :                specified in Article 1 (a) of Regulation (EEC)
            — details of the number of livestock on such                No 1067/74,
                farms on 1 April of each year,                     — not later than 31 May following the end of the
            — details of any change in such livestock                   marketing year in the case of products as speci­
                numbers in the course of the following 12               fied in Article 1 (b) of the said Regulation .
                months .'
                                                                    2.    Member States may prescribe a minimum
                                                                    quantity per application .'
                          Article 6
A new paragraph as follows is added to Article 7 :                                     Article 10
     ' In the case of potatoes, contracts concluded with
     producers by natural or legal persons other than          There is added an Article 13a as follows :
     drying plants shall be regarded as equivalent to
     contracts as aforesaid , provided that such persons           ' Article 13a                              •
     are authorized by a drying plant to conclude such
     contracts on its behalf.'                                      In cases where a Member State grants for fresh
                                                                    potatoes a national aid as referred to in Article 6a
                                                                   of Regulation (EEC) No 1192/74, the Member
                           Article 7                               State concerned shall so inform the Commission
                                                                    in good time before applying such aid . The
The following is added to Article 8 (2) :                          amount whereby the aid referred to in Article 3 of
                                                                    Regulation ( EEC) No 1067/ 74 is to be reduced,
     ' f ) where the contract is concluded by a person
                                                                   and also other detailed rules for the application of
           acting on behalf of a drying plant, the name
                                                                   Article 6a of Regulation ( EEC) No 1192/74, shall
           and address of the drying plant concerned .'
                                                                    be adopted in accordance with the procedure laid
                                                                   down in Article 12 of the said Regulation (EEC)
                           Article 8                                No 1067 / 74.'
Article 9 (3) is amended to read as follows :
                                                                                       Article 11
     '3.      However, where fodder leaves in quantities :
     — of less than 500 metric tons in the case of             This Regulation shall enter into force on the day of its
           products as specified in Article 1 (a) of Regula­    publication in the Officii / 1 Journal of the European
           tion ( EEC) No 1067/74,                              Communities.
 ---pagebreak--- No L 191 /28                  Official Journal of the European Communities                        24 . 7 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 23 July 1975.
                                                                  For the Commission
                                                                    P.J. LARDINOIS
                                                              Member of the Commission