CELEX: 31979R2936
Language: en
Date: 1979-12-20
Title: Commission Regulation (EEC) No 2936/79 of 20 December 1979 continuing the measures referred to in Regulation (EEC) No 1271/78 on the improvement of the quality of milk within the Community

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31979R2936

Commission Regulation (EEC) No 2936/79 of 20 December 1979 continuing the measures referred to in Regulation (EEC) No 1271/78 on the improvement of the quality of milk within the Community  

Official Journal L 334 , 28/12/1979 P. 0016 - 0018 Greek special edition: Chapter 03 Volume 27 P. 0144 

****( 1 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .  ( 2 ) OJ NO L 161 , 29 . 6 . 1979 , P . 11 .  ( 3 ) OJ NO L 156 , 14 . 6 . 1978 , P . 39 .  ( 4 ) OJ NO L 282 , 7 . 10 . 1978 , P . 11 .    COMMISSION REGULATION ( EEC ) NO 2936/79   OF 20 DECEMBER 1979   CONTINUING THE MEASURES REFERRED TO IN REGULATION ( EEC ) NO 1271/78 ON THE IMPROVEMENT OF THE QUALITY OF MILK WITHIN THE COMMUNITY   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1271/79 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   WHEREAS MEASURES CARRIED OUT PURSUANT TO COMMISSION REGULATION ( EEC ) NO 1271/78 OF 13 JUNE 1978 CONCERNING MEASURES TO IMPROVE THE QUALITY OF MILK WITHIN THE COMMUNITY  ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2341/78 ( 4 ), HAVE PROVED AN EFFECTIVE MEANS OF IMPROVING THE QUALITY OF MILK IN THE COMMUNITY ; WHEREAS THEY SHOULD THEREFORE BE CONTINUED IN THE MEDIUM TERM ;   WHEREAS THE ORGANIZATIONS , INSTITUTIONS , UNDERTAKINGS AND PRODUCER GROUPS POSSESSING THE NECESSARY QUALIFICATIONS AND EXPERIENCE SHOULD THEREFORE BE INVITED AGAIN TO PROPOSE DETAILED PROGRAMMES WHICH THESE ORGANIZATIONS WOULD THEMSELVES CARRY OUT ;   WHEREAS , AS REGARDS THE OTHER ARRANGEMENTS , THE MAJOR PORTION OF THE PROVISIONS OF REGULATION ( EEC ) NO 1271/78 , AMENDED IN THE LIGHT OF RELEVANT EXPERIENCE , MAY BE REPEATED ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   1 .  MEASURES SHALL BE TAKEN , UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION , TO ENCOURAGE :  ( A ) QUALITY CONTROL OF RAW MILK , NAMELY :   -  BACTERIOLOGICAL ANALYSIS OF RAW MILK ,   -  EVALUATION OF THE RESULTS RECORDED ;  ( B ) TESTING IN RELATION TO HEALTH ASPECTS OF RAW MILK ;  ( C ) THE TESTING OF MILKING MACHINES ;  ( D ) THE COUNSELLING OF INDIVIDUAL MILK PRODUCERS , DIRECTED IN PARTICULAR TOWARDS THE OBTAINING OF MILK ( COWSHED HYGIENE , MILKING ) AND ITS TREATMENT ( COOLING );  ( E ) COUNSELLING ON THE COLLECTION ( JOINTLY OPERATED EQUIPMENT , COLLECTION POINTS ) AND TRANSPORT OF RAW MILK  ( SPECIFICATIONS , EQUIPMENT AND OPERATION OF MILK TANKERS );  ( F )  THE TRAINING OF QUALIFIED PERSONNEL , FOR :   -  DISSEMINATING TECHNICAL INFORMATION ,   -  QUALITY CONTROL ;  ( G ) THE SETTING UP OF COOPERATIVE MILK COLLECTION CENTRES , IF NECESSARY WITH REFRIGERATION FACILITIES .   IN PROPERLY REASONED EXCEPTIONAL CASES , AIDS MAY ALSO BE GRANTED TO SINGLE FARMS .   2 .  THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE ELIGIBLE ONLY IF THEY ARE BEGUN AFTER 31 MARCH 1980 ; THEY SHALL BE COMPLETED NOT LATER THAN 31 MARCH 1982 .   ARTICLE 2   1 .  MEASURES AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE PROPOSED AND CARRIED OUT BY INSTITUTIONS , ORGANIZATIONS , UNDERTAKINGS OR PRODUCER GROUPS WHICH :  ( A ) HAVE THE NECESSARY QUALIFICATIONS AND EXPERIENCE ;  ( B ) GIVE GUARANTEES THAT THEY ARE CAPABLE OF ENSURING THE SATISFACTORY COMPLETION OF THE WORK .   PROPOSALS BY INDIVIDUAL FIRMS WILL BE CONSIDERED ONLY WHERE THEY ARE PARTICULARLY JUSTIFIED AND WHERE THEY WOULD NOT PREJUDICE THE OPERATIONS OF REGIONAL ORGANIZATIONS SPECIALIZING IN THE FIELD .   2 .  COMMUNITY FINANCING SHALL BE LIMITED TO 90 % OF EXPENDITURE INCURRED BY THE MEASURES CONCERNED .   3 .  IN THE CASE OF THE MEASURES REFERRED TO IN ARTICLE 1  ( 1 ) ( A ) AND ( B ), ACCOUNT SHALL BE TAKEN FOR PURPOSES OF COMMUNITY FINANCING ONLY OF THE FIRST FITTING-OUT OF LABORATORIES WITH :   -  EQUIPMENT ( WHICH MAY INCLUDE INCUBATORS ) FOR EXAMINING THE BACTERIOLOGICAL CONTENT OF MILK ,   -  EQUIPMENT FOR DETECTING ANTIBIOTICS , CELL CONTENT , INHIBITORY SUBSTANCES AND IMPURITIES IN RAW MILK ,   -  EQUIPMENT FOR DETECTING MASTITIS IN RAW MILK .   IN SO FAR AS DATA-PROCESSING FACILITIES ARE COMBINED WITH THE EQUIPMENT CONCERNED , THEY SHALL BE REGARDED AS PART OF THAT EQUIPMENT .   THE TECHNICAL FIRST FITTING-OUT OF ALREADY EXISTING LABORATORIES WITH IMPROVED , MORE ECONOMIC , EQUIPMENT SHALL BE REGARDED AS A MEASURE REFERRED TO IN ARTICLE 1 ( 1 ) ( A ).   SUCH EQUIPMENT SHALL BE FINANCED ONLY WHERE ITS TECHNICAL CAPACITY WILL BE EFFECTIVELY UTILIZED .   4 .  IN THE CASE OF PROPOSALS SUBMITTED BY UNDERTAKINGS BUYING MILK OR ORGANIZATIONS REPRESENTING SUCH UNDERTAKINGS , COMMUNITY PARTICIPATION SHALL , MOREOVER , BE SUBJECT TO THE GIVING BY THE APPLICANT OF AN UNDERTAKING TO INTRODUCE , IN HIS AREA OF OPERATION , WITHIN THE PERIOD FIXED IN THE CONTRACT FOR THE COMPLETION OF THE MEASURES ACCEPTED , A SYSTEM WHEREBY PAYMENT FOR MILK IS VARIED ACCORDING TO ITS BACTERIOLOGICAL QUALITY .   ARTICLE 3   1 .  THOSE CONCERNED ARE HEREBY INVITED TO SUBMIT NOT LATER THAN 31 MARCH 1980 TO THE COMPETENT AUTHORITY APPOINTED BY THEIR MEMBER STATE , HEREINAFTER CALLED THE ' INTERVENTION AGENCY ' , COMPLETE DETAILED PROPOSALS CONCERNING THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ).   2 .  THE INTERVENTION AGENCIES SHALL LAY DOWN FURTHER DETAILED RULES FOR THE SUBMISSION OF PROPOSALS IN A NOTICE WHICH SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   3 .  WITHIN 10 WORKING DAYS AFTER THE DATE SPECIFIED IN PARAGRAPH 1 , THE INTERVENTION AGENCY SHALL TRANSMIT TO THE COMMISSION THE PROPOSALS RECEIVED AND ANY SUPPLEMENTARY DOCUMENTS .   THE INTERVENTION AGENCY MAY ADD ITS COMMENTS , IF ANY , TO THE PROPOSALS IN QUESTION .   ARTICLE 4   1 .  PROPOSALS SHALL INDICATE :  ( A ) THE NAME AND ADDRESS OF THE APPLICANT ;  ( B ) ALL DETAILS CONCERNING THE MEASURES PROPOSED , INCLUDING THE TIME REQUIRED FOR COMPLETION , THE EXPECTED RESULTS AND DETAILS OF ANY THIRD PARTIES TO BE INVOLVED ;  ( C ) THE TOTAL COST OF THESE MEASURES , EXPRESSED IN THE CURRENCY OF THE MEMBER STATE ON WHOSE TERRITORY THE APPLICANT IS ESTABLISHED , GIVING AN ITEMIZED BREAKDOWN OF THIS AMOUNT AND SETTING OUT THE SOURCES OF FINANCE ;  ( D ) THE DESIRED ARRANGEMENTS FOR PAYMENT OF THE COMMUNITY CONTRIBUTION ( ARTICLE 7 ( 1 ) ( A ) OR ( B ));  ( E ) THE ANNUAL REPORT CONCERNING THE PREVIOUS FINANCIAL YEAR .   2 .  PROPOSALS SHALL BE VALID ONLY WHERE :  ( A ) THEY ARE SUBMITTED BY AN APPLICANT FULFILLING THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 1 );  ( B ) THEY ARE ACCOMPANIED BY AN UNDERTAKING THAT THE APPLICANT WILL COMPLY WITH THE PROVISIONS OF THIS REGULATION , AND IN PARTICULAR WITH THE OBLIGATIONS UNDER ARTICLE 2 ( 4 ), AND WITH THE LIST OF TERMS AND CONDITIONS REFERRED TO IN ARTICLE 6 .   ARTICLE 5   1 .  AFTER EXAMINATION OF THE PROPOSALS BY THE MANAGEMENT COMMITTEE FOR MILK PRODUCTS PURSUANT TO ARTICLE 31 OF REGULATION ( EEC ) NO 804/68 AND TAKING INTO ACCOUNT THE IMPORTANCE OF THE PROPOSED MEASURES FOR MILK PRODUCTION IN THE AREA CONCERNED , THE COMMISSION SHALL CONCLUDE CONTRACTS FOR THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) WITH THOSE APPLICANTS WHOSE PROPOSALS HAVE BEEN ACCEPTED .   PRIOR TO THE CONCLUSION OF A CONTRACT , AN APPLICANT MAY BE REQUESTED TO SUPPLY ADDITIONAL INFORMATION AND/OR DETAILS CONCERNING ITS PROPOSAL .   2 .  THE INTERVENTION AGENCY SHALL INFORM EACH APPLICANT AS SOON AS POSSIBLE OF THE DECISION TAKEN IN RESPECT OF ITS PROPOSAL .   ARTICLE 6   1 .  ON ACCEPTANCE OF A PROPOSAL IN ACCORDANCE WITH ARTICLE 5 , A LIST OF TERMS AND CONDITIONS SHALL BE DRAWN UP BY THE COMMISSION IN AT LEAST THREE COPIES AND SIGNED BY THE PARTY CONCERNED .   2 .  THE LIST OF TERMS AND CONDITIONS SHALL FORM AN INTEGRAL PART OF THE CONTRACT REFERRED TO IN ARTICLE 5 ( 1 ) AND SHALL :  ( A ) INCLUDE THE DETAILS REFERRED TO IN ARTICLE 4 ( 1 ) OR MAKE REFERENCE TO THEM ;  ( B ) SUPPLEMENT THESE DETAILS , WHERE NECESSARY , BY ADDITIONAL PROVISIONS RESULTING FROM THE APPLICATION OF THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ).   3 .  THE COMMISSION SHALL SEND A COPY OF THE CONTRACT AND OF THE LIST OF TERMS AND CONDITIONS TO THE INTERVENTION AGENCY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE AGREED CONDITIONS .   ARTICLE 7   1 .  THE INTERVENTION AGENCY CONCERNED SHALL PAY TO THE PARTY IN QUESTION , IN ACCORDANCE WITH THE CHOICE INDICATED IN ITS PROPOSAL , EITHER :  ( A ) WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF TERMS AND CONDITIONS , A SINGLE PAYMENT ON ACCOUNT AMOUNTING TO 60 % OF THE AGREED COMMUNITY CONTRIBUTION ; OR ,  ( B ) AT TWO-MONTHLY INTERVALS , FOUR EQUAL INSTALMENTS EACH AMOUNTING TO 20 % OF THE AGREED COMMUNITY CONTRIBUTION , THE FIRST SUCH INSTALMENT BEING PAID WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF TERMS AND CONDITIONS .   2 .  THE PAYMENT OF EACH INSTALMENT SHALL BE CONDITIONAL ON THE LODGING WITH THE INTERVENTION AGENCY OF A SECURITY EQUAL TO THE AMOUNT OF THE INSTALMENT , PLUS 10 % .   3 .  THE RELEASE OF SECURITIES AND PAYMENT OF THE BALANCE BY THE INTERVENTION AGENCY SHALL BE SUBJECT TO :  ( A ) CONFIRMATION BY THE INTERVENTION AGENCY THAT THE PARTY CONCERNED HAS FULFILLED ITS OBLIGATIONS AS LAID DOWN IN THE LIST OF TERMS AND CONDITIONS ;  ( B ) THE TRANSMISSION TO THE COMMISSION AND TO THE INTERVENTION AGENCY OF THE REPORT REFERRED TO IN ARTICLE 8 AND VERIFICATION OF THE DETAILS CONTAINED IN THIS REPORT BY THE INTERVENTION AGENCY ; AND  ( C ) PROOF BEING FURNISHED THAT THE PARTY CONCERNED HAS SPENT ITS OWN CONTRIBUTION FOR THE PURPOSE LAID DOWN .   4 .  IN SO FAR AS THE CONDITIONS SET OUT IN PARAGRAPH 3 ARE NOT FULFILLED , THE SECURITIES SHALL BE FORFEITED . IN THIS EVENT , THE AMOUNT IN QUESTION SHALL BE DEDUCTED FROM THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND , GUARANTEE SECTION , EXPENDITURE , AND MORE PARTICULARLY FROM THAT ARISING OUT OF THE MEASURES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 .   ARTICLE 8   EACH PARTY RESPONSIBLE FOR A MEASURE AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL SUBMIT TO THE COMMISSION AND TO THE INTERVENTION AGENCY CONCERNED WITHIN THREE MONTHS AFTER COMPLETION OF THE MEASURES IN QUESTION , AND IN ANY CASE BEFORE 1 JULY 1982 , A DETAILED REPORT ON THE UTILIZATION OF THE COMMUNITY FUNDS ALLOCATED AND ON THE RESULTS OF THE MEASURE .   ARTICLE 9   THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT BRUSSELS , 20 DECEMBER 1979 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT