Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder
EU Regulation No 2799/1999 · Adopted 17 December 1999 · Extends to United Kingdom
Commission Regulation (EC) No 2799/1999
of 17 December 1999
laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk productsf1, and in particular Articles 10 and 15 thereof,
Whereas:
(1)
Regulation (EC) No 1255/1999 replaces Council Regulation (EEC) No 804/68f2, as last amended by Regulation (EC) No 1587/96f3, and, among others, 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 feedf4, as last amended by Commission Regulation (EC) No 1802/95f5. To take account of the new arrangements and of past experience, Commission Regulation (EEC) No 1725/79 of 26 July 1979 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calvesf6, as last amended by Regulation (EC) No 83/96f7, should be amended and, where necessary, simplified. At the same time as amending that Regulation, in the interests of clarity, it should also be recast to incorporate Commission Regulations (EEC) No 3398/91 of 20 November 1991 on the sale by invitation to tender of skimmed-milk powder for the manufacture of compound feedingstuffs and amending Regulation (EEC) No 569/88f8, as last amended by Regulation (EC) No 124/1999f9, and (EEC) No 1634/85 of 17 June 1985 fixing the amount of the aid for skimmed milk and skimmed-milk powder for use as feedf10, as last amended by Regulation (EEC) No 1802/95;
(2)
the goal of the aid measure provided for in Article 11 of Regulation (EC) No 1255/1999 is to enable the best return to be obtained from milk proteins. It is therefore appropriate to link payment of the aid to the milk-protein content of the skimmed milk or skimmed-milk powder used;
(3)
it is necessary to ensure that the skimmed milk and skimmed-milk powder for which aid is granted are in fact used as feed. To that end, aid should be granted only for skimmed milk and skimmed-milk powder processed into compound feedingstuffs or denatured in accordance with certain requirements. It is also necessary to prevent aid being paid more than once for the same product;
(4)
Commission Regulation (EC) No 1043/97f11 derogates from some of the monitoring provisions in Regulation (EEC) No 1725/79. The checks provided for in this Regulation should take that derogation into account and Regulation (EC) No 1043/97 should be repealed;
(5)
aid should be granted only if the compound feedingstuffs meet certain minimum standards as regards composition customarily observed in the industry and if they have reached the final stage of industrial manufacture. For inspection purposes, the products should be packaged in a way that enables them to be identified. Member States should be allowed to specify how the above requirements are to be satisfied;
(6)
special packing is not necessary for compound feedingstuffs which have had lucerne meal added to them. Furthermore, such a requirement would not be appropriate in cases of transportation by tanker or container as practised by certain users. That method of transport should therefore be subject to special inspection arrangements and aid should be paid only after inspection;
(7)
the final use of cut-price skimmed milk and skimmed-milk powder can be monitored only if the undertakings benefiting from aid offer adequate guarantees. Processing undertakings should be approved by the competent agency of the Member State concerned and have an accounting system adapted to the requirements of the aid arrangements;
(8)
as regards the reference methods applicable to the analyses provided for in this aid scheme, reference should be made to the list published each year under Commission Regulation (EC) No 2721/95 of 24 November 1995 establishing rules for the application of reference and routine methods for the analysis and quality evaluation of milk and milk products under the common market organisationf12. However, since no reference methods have been laid down for determining the quantity of skimmed-milk powder in compound feedingstuffs, the presence of rennet whey powder in skimmed-milk powder or the quality of starch in skimmed-milk powder, the appropriate methods should be laid down in this Regulation;
(9)
a standing invitation to tender should be organised for the sale of skimmed-milk powder from public stocks, in order to ensure equality of access for all potential purchasers, to arrive at a selling price reflecting market conditions and to verify the actual end use of skimmed-milk powder intended for use in the manufacture of compound feedingstuffs. The prices offered can differ considerably according, in particular, to the age of the powder offered for sale and its location. It should therefore be possible to fix differentiated minimum prices;
(10)
this Regulation should set the time limit for entry into storage for the purposes of sale. Commission Regulation (EEC) No 3536/91 of 2 December 1991 setting the latest time of entry into storage for skimmed-milk powder sold under Regulation (EEC) No 3398/91f13, as last amended by Regulation (EC) No 2508/1999f14, should therefore be repealed;
(11)
the arrangements laid down in Commission Regulation (EEC) No 1105/68 of 27 July 1968 on detailed rules for granting aid for skimmed milk for use as feedf15, as last amended by Regulation (EEC) No 1802/95, have proved difficult to implement and checks on beneficiaries are problematic. Moreover, the quantities of skimmed milk benefiting from this measure have fallen sharply in recent years, so that the scheme now has only a marginal impact on the balance on the market in milk products. In addition, the market in skimmed milk will continue to be supported by the aid granted when skimmed milk is incorporated into compound feedingstuffs. The aid measure provided for in Regulation (EEC) No 1105/68 should therefore be abolished and the said Regulation repealed;
(12)
the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Footnotes
- f1
- f2
- f3
- f4
- f5
- f6
- f7
- f8
- f9
- f10
- f11
- f12
- f13
- f14
- f15
Contents
- Chapter I: GENERAL PROVISIONS
- 1Article 1
- 2Article 2
- 3Article 3
- 4Article 4
- 5Article 5
- 6Article 6
- Chapter II: AID FOR SKIMMED-MILK POWDER
- Amount of aid and implementing conditions
- 7Article 7
- 8Article 8
- 9Article 9
- 10Article 10
- 11Article 11
- 12Article 12
- 13Article 13
- Inspection measures
- 14Article 14
- 15Article 15
- 16Article 16
- 17Article 17
- 18Article 18
- 19Article 19
- 20Article 20
- 21Article 21
- Payment of aid
- 22Article 22
- 23Article 23
- 24Article 24
- 25Article 25
- Chapter III: SALES OF SKIMMED-MILK POWDER FROM PUBLIC STORAGE
- Organisation of and participation in tendering procedures
- 26Article 26
- 27Article 27
- 28Article 28
- 29Article 29
- Implementation of the tendering procedure
- 30Article 30
- 31Article 31
- 32Article 32
- 33Article 33
- 34Article 34
- 35Article 35
- Chapter IV: TRANSITIONAL AND FINAL PROVISIONS
- 36Article 36
- 37Article 37
- 38Article 38
- Signature
- Annex IANALYTICAL TESTS
- Unaltered skimmed-milk powder
- 1Determination of:
- 2Detection of other products in accordance with the arrangements laid down by the national authorities:
- BSkimmed-milk powder incorporated in a mixture
- CDenatured skimmed-milk powder
- DCompound feedingstuffs
- Annex II
- AInformation to be shown on packaging of mixtures:
- BInformation to be shown on packaging of compound feedingstuffs:
- CSpecific information to be entered in Section 104 of the T5 control copy if the product is delivered by tanker or container:
- DSpecific information to be entered in Section 104 of the T5 control copy in the case of skimmed-milk powder sold from public storage:
- Annex III: QUANTITATIVE DETERMINATION OF SKIMMED-MILK POWDER IN COMPOUND FEEDINGSTUFFS BY ENZYMATIC COAGULATION OF PARA-CASEIN Repealed
- 1Purpose Repealed
- 2Scope Repealed
- Principle of the method Repealed
- 3.1Division 3.1 Repealed
- 3.2Division 3.2 Repealed
- 3.3Division 3.3 Repealed
- 4Reagents Repealed
- 4.1Division 4.1 Repealed
- 4.2Division 4.2 Repealed
- 4.3Division 4.3 Repealed
- 4.4Division 4.4 Repealed
- 4.5Division 4.5 Repealed
- 4.6Division 4.6 Repealed
- 5Apparatus Repealed
- Procedure Repealed
- 6.1Preparation of the sample. Repealed
- Dissolving of milk powder and separation of the insoluble residue. Repealed
- 6.2.1Division 6.2.1 Repealed
- 6.2.2Division 6.2.2 Repealed
- 6.2.3Division 6.2.3 Repealed
- 6.2.4Division 6.2.4 Repealed
- Coagulation of casein with the enzymes of rennet. Repealed
- 6.3.1Division 6.3.1 Repealed
- 6.3.2Division 6.3.2 Repealed
- 6.3.3Division 6.3.3 Repealed
- 6.3.4Division 6.3.4 Repealed
- Determination of casein nitrogen. Repealed
- 6.4.1Division 6.4.1 Repealed
- Blank test Repealed
- 7.1Division 7.1 Repealed
- 7.2Division 7.2 Repealed
- Control test Repealed
- 8.1Division 8.1 Repealed
- Expression of results Repealed
- 9.1Division 9.1 Repealed
- Accuracy of the method Repealed
- 10.1Repeatability Repealed
- 10.2Reproducibility Repealed
- 11Tolerance limit Repealed
- Observations Repealed
- 12.1Division 12.1 Repealed
- 12.2Division 12.2 Repealed
- 12.3Division 12.3 Repealed
- 12.4Division 12.4 Repealed
- Annex IV: DETERMINATION OF RENNET WHEY SOLIDS IN SKIMMED-MILK POWDER AND MIXTURES UNDER REGULATION (EEC) No 1725/79 Repealed
- 1Division 1 Repealed
- 2References: International standard ISO 707. Repealed
- 3Definition Repealed
- 4Principle Repealed
- 5Reagents Repealed
- 6Apparatus Repealed
- Sampling Repealed
- 7.1Division 7.1 Repealed
- 7.2Division 7.2 Repealed
- Procedure Repealed
- 8.1Preparation of the test sample Repealed
- 8.2Test portion Repealed
- Removal of fat and proteins Repealed
- 8.3.1Division 8.3.1 Repealed
- 8.3.2Division 8.3.2 Repealed
- 8.3.3Division 8.3.3 Repealed
- Chromatographic determination Repealed
- 8.4.1Division 8.4.1 Repealed
- 8.4.2Division 8.4.2 Repealed
- 8.4.3Division 8.4.3 Repealed
- Remarks Repealed
- Division Repealed
- Division Repealed
- Division Repealed
- 8.4.4Division 8.4.4 Repealed
- Calibration Repealed
- 8.5.1Division 8.5.1 Repealed
- Note Repealed
- Division Repealed
- Division Repealed
- 8.5.2Division 8.5.2 Repealed
- 8.5.3Division 8.5.3 Repealed
- Expression of results Repealed
- Method of calculation and formulae Repealed
- 9.1.1Division 9.1.1 Repealed
- 9.2Calculation of the percentage of rennet whey powder in the sample Repealed
- Accuracy of the procedure Repealed
- 9.3.1Repeatability Repealed
- 9.3.2Reproducibility Repealed
- 9.3.3Linearity Repealed
- Interpretation Repealed
- 9.4.1Division 9.4.1 Repealed
- Annex V: QUALITATIVE DETERMINATION OF STARCH IN SKIMMED-MILK POWDER, DENATURED MILK POWDER AND COMPOUND FEEDINGSTUFFS Repealed
- 1Scope Repealed
- 2Principle Repealed
- Reagents Repealed
- 3.1Iodine solution Repealed
- Apparatus Repealed
- 4.1Division 4.1 Repealed
- 4.2Division 4.2 Repealed
- 4.3Division 4.3 Repealed
- 5Procedure Repealed
- 6Expression of results Repealed
- 7Remarks Repealed
- Annex VI: DETERMINATION OF MOISTURE IN ACID BUTTERMILK POWDER Repealed
- 1Scope Repealed
- 2Principle Repealed
- Apparatus Repealed
- 3.1Division 3.1 Repealed
- 3.2Division 3.2 Repealed
- 3.3Division 3.3 Repealed
- 3.4Division 3.4 Repealed
- 3.5Division 3.5 Repealed
- 4Procedure Repealed
- 5Calculation Repealed
- Precision Repealed
- 6.1Repeatability limit Repealed
- 6.2Reproducibility limit Repealed
- 6.3Source of precision data Repealed