Commission Regulation (EC) No 228/2008 of 13 March 2008 amending Regulation (EC) No 595/2004 with regard to intensity of controls on deliveries and direct sales of milk

14.3.2008 EN Official Journal of the European Union L 70/7
COMMISSION REGULATION (EC) No 228/2008
of 13 March 2008
amending Regulation (EC) No 595/2004 with regard to intensity of controls on deliveries and direct sales of milk
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (1), and in particular Article 24 thereof,
Whereas:
(1) Article 22(1) of Commission Regulation (EC) No 595/2004 (2), which lays down detailed rules for applying Regulation (EC) No 1788/2003, sets down the minimum intensity of the controls to be carried out for deliveries and direct sales. These controls are to be included in the general control plan drawn up on the basis of risk analysis.
(2) Bulgaria and Romania are applying the levy system for the first time in the 12-month period 2007/2008. In order to facilitate the application of the new system, these Member States should be allowed to reduce the intensity of control for deliveries during a transitional period of one year.
(3) Experience shows that in Member States the number of producers with one or two cows is still significant, especially in direct sales. To keep the same control intensity for these producers imposes a disproportionate administrative burden and could divert the focus of control measures from higher risk activities. Therefore it would be appropriate to reduce the control intensity for small direct sellers producing quantities of less than 5 000 kg milk equivalent.
(4) In order to allow the Member States to benefit from a less burdensome situation resulting from the adjusted intensity of controls, and taking into account that according to Article 19(2) of Regulation (EC) No 595/2004 controls are carried out partly during the 12-month period in question, partly after the 12-month period, it is appropriate to apply the adjusted intensity of controls for the 12-month period 2007/2008, i.e. the period starting on 1 April 2007 and finishing on 30 March 2008.
(5) Regulation (EC) No 595/2004 should therefore be amended accordingly.
(6) The measures provided for in this Regulation are in accordance with the opinion of the management committee for milk and milk products,