Commission Regulation (EEC) No 2742/90 of 26 September 1990 laying down detailed rules for the application of Council Regulation (EEC) No 2204/90

COMMISSION  REGULATION (EEC) No 2742/90
of 26 September 1990
laying down detailed rules for the application of Council Regulation (EEC) No 2204/90
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2204/90 of 24 July 1990 laying down additional general rules on the common organization of the market in milk and milk products as regards cheese (1), and in particular the second paragraph of Article 1, the second subparagraph of Article 3 (3) and Article 5 thereof,
Whereas the first paragraph of Article 1 of Regulation (EEC) No 2204/90 stipulates that the use of casein and caseinates in the manufacture of cheese is subject to prior authorization; whereas it is necessary to lay down detailed rules for the grant of such authorizations, having regard to the requirements as regards checks on undertakings; whereas authorizations should be granted for a limited period, so that the Member States can impose penalties for failure to comply with Community provisions;
Whereas the second paragraph of Article 1 of the said Regulation stipulates that the maximum percentages of casein and caseinates to be incorporated in cheese must be determined on the basis of objective criteria laid down having regard to what is technologically necessary; whereas it is necessary to determine the said percentages on the basis of data supplied by the Member States; whereas, in order to facilitate checks to ensure compliance with this provision, it is advisable to set overall percentages rather than percentages for individual products;
Whereas Article 3 (1) of the said Regulation requires Member States to introduce administrative and physical controls; whereas it is necessary to specify the conditions which these controls should fulfil, particularly with regard to their frequency;
Whereas Article 3 (3) of the said Regulation states that a sum equal to the difference between the value of the skimmed milk resulting from the intervention price for skimmed milk powder on the one hand and the market price for casein and caseinates on the other hand, plus 10 %, is due for quantities of caseins and caseinates used without authorization; whereas this sum has to be determined having regard to prices recorded on the markets during a reference period;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,