Commission Regulation (EEC) No 2793/77 of 15 December 1977 on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves

COMMISSION REGULATION (EEC) No 2793/77  of 15 December 1977  on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 2560/77 (2), and in particular Article 10 (3) thereof,
Whereas the granting of special aid under the first indent of Article 2a (4) of Council Regulation (EEC) No 986/68 of 15 July 1968 laying down general rules for granting aid for skimmed milk and skimmed-milk powder for use as feed (3), as last amended by Regulation (EEC) No 2624/77 (4), is no longer subject to the conclusion of a supply contract between the dairy and the farmer ; whereas Commission Regulation (EEC) No 1089/77 of 25 May 1977 on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves (5), as last amended by Regulation (EEC) No 2196/77 (6), should therefore be amended ; whereas such amendment must include the introduction of other mechanisms to ensure that the skimmed milk concerned is used for the purpose intended ; whereas, moveover, certain other provisions of Regulation (EEC) No 1089/77 must be amended in order to remedy the administrative difficulties encountered in practice and to render the measure more effective ; whereas, in view of the large number of amendments required and in the interests of clarity, Regulation (EEC) No 1089/77 should be repealed and a new text adopted;
Whereas, to ensure the effectiveness of this measure, farmers should be given some assurance as to the stability of the level of the special aid and the maximum prices fixed by providing for them to be adjusted in the event of a change in the intervention price for skimmed-milk powder or in the prices of competing proteins;
Whereas, in order to ascertain the quantities of skimmed milk supplied by a dairy under this Regulation, the monthly record prescribed in Article 5 of Commission Regulation (EEC) No 1105/68 of 27 July 1968 on detailed rules for granting aid for skimmed milk for use as feed (7), as last amended by Regulation (EEC) No 541/76 (8), should be adapted ; whereas, to ensure that the skimmed milk is used for the purpose intended, provision should be made for its denaturing or for an equivalent administrative control in addition to the treatment prescribed in Article 2 (2) of Regulation (EEC) No 986/68 ; whereas special rules should be laid down for skimmed milk supplied to mixed farms where calves are also kept ; whereas, moreover, under Article 10 of Regulation (EEC) No 1105/68, Member States will have to take the supervisory measures necessary to ensure that the conditions governing the granting of the special aid are fulfilled ; whereas any breach should be punished by penal or administrative measures laid down by the Member States ; whereas provision should be made to ensure that dairies and farmers are informed of such consequences;
Whereas the special aid may also be granted for skimmed milk used to feed animals other than young calves on the farm where it has been manufactured ; whereas special provision should be made for this type of case to ensure that this use of skimmed milk is complied with;
Whereas, as regards the information concerning aid for skimmed milk to be communicated by the Member States, Commission Regulation (EEC) No 210/69 of 31 January 1969 on communications between Member States and the Commission with regard to milk and milk products (9), as last amended by Regulation (EEC) No 1089/77, should be amended accordingly;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,  (1)OJ No L 148, 28.6.1968, p. 13. (2)OJ No L 303, 28.11.1977, p. 1. (3)OJ No L 169, 18.7.1968, p. 4. (4)OJ No L 306, 30.11.1977, p. 4. (5)OJ No L 131, 26.5.1977, p. 34. (6)OJ No L 254, 5.10.1977, p. 10. (7)OJ No L 184, 29.7.1968, p. 24. (8)OJ No L 64, 12.3.1976, p. 11. (9)OJ No L 28, 5.2.1969, p. 1.