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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

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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

OJ L 160, 26.6.1999, p. 48.

f2

OJ L 148, 28.6.1968, p. 13.

f3

OJ L 206, 16.8.1996, p. 21.

f4

OJ L 169, 18.7.1968, p. 4.

f5

OJ L 174, 26.7.1995, p. 27.

f6

OJ L 199, 7.8.1979, p. 1.

f7

OJ L 17, 23.1.1996, p. 3.

f8

OJ L 320, 22.11.1991, p. 16.

f9

OJ L 16, 21.1.1999, p. 19.

f10

OJ L 158, 18.6.1985, p. 7.

f11

OJ L 152, 11.6.1997, p. 6.

f12

OJ L 283, 25.11.1995, p. 7.

f13

OJ L 335, 6.12.1991, p. 8.

f14

OJ L 304, 27.11.1999, p. 21.

f15

OJ L 184, 29.6.1968, p. 24.

Contents

  1. Chapter I: GENERAL PROVISIONS
  2. 1Article 1
  3. 2Article 2
  4. 3Article 3
  5. 4Article 4
  6. 5Article 5
  7. 6Article 6
  8. Chapter II: AID FOR SKIMMED-MILK POWDER
  9. Amount of aid and implementing conditions
  10. 7Article 7
  11. 8Article 8
  12. 9Article 9
  13. 10Article 10
  14. 11Article 11
  15. 12Article 12
  16. 13Article 13
  17. Inspection measures
  18. 14Article 14
  19. 15Article 15
  20. 16Article 16
  21. 17Article 17
  22. 18Article 18
  23. 19Article 19
  24. 20Article 20
  25. 21Article 21
  26. Payment of aid
  27. 22Article 22
  28. 23Article 23
  29. 24Article 24
  30. 25Article 25
  31. Chapter III: SALES OF SKIMMED-MILK POWDER FROM PUBLIC STORAGE
  32. Organisation of and participation in tendering procedures
  33. 26Article 26
  34. 27Article 27
  35. 28Article 28
  36. 29Article 29
  37. Implementation of the tendering procedure
  38. 30Article 30
  39. 31Article 31
  40. 32Article 32
  41. 33Article 33
  42. 34Article 34
  43. 35Article 35
  44. Chapter IV: TRANSITIONAL AND FINAL PROVISIONS
  45. 36Article 36
  46. 37Article 37
  47. 38Article 38
  48. Signature
  49. Annex IANALYTICAL TESTS
  50. Unaltered skimmed-milk powder
  51. 1Determination of:
  52. 2Detection of other products in accordance with the arrangements laid down by the national authorities:
  53. BSkimmed-milk powder incorporated in a mixture
  54. CDenatured skimmed-milk powder
  55. DCompound feedingstuffs
  56. Annex II
  57. AInformation to be shown on packaging of mixtures:
  58. BInformation to be shown on packaging of compound feedingstuffs:
  59. CSpecific information to be entered in Section 104 of the T5 control copy if the product is delivered by tanker or container:
  60. DSpecific information to be entered in Section 104 of the T5 control copy in the case of skimmed-milk powder sold from public storage:
  61. Annex III: QUANTITATIVE DETERMINATION OF SKIMMED-MILK POWDER IN COMPOUND FEEDINGSTUFFS BY ENZYMATIC COAGULATION OF PARA-CASEIN Repealed
  62. 1Purpose Repealed
  63. 2Scope Repealed
  64. Principle of the method Repealed
  65. 3.1Division 3.1 Repealed
  66. 3.2Division 3.2 Repealed
  67. 3.3Division 3.3 Repealed
  68. 4Reagents Repealed
  69. 4.1Division 4.1 Repealed
  70. 4.2Division 4.2 Repealed
  71. 4.3Division 4.3 Repealed
  72. 4.4Division 4.4 Repealed
  73. 4.5Division 4.5 Repealed
  74. 4.6Division 4.6 Repealed
  75. 5Apparatus Repealed
  76. Procedure Repealed
  77. 6.1Preparation of the sample. Repealed
  78. Dissolving of milk powder and separation of the insoluble residue. Repealed
  79. 6.2.1Division 6.2.1 Repealed
  80. 6.2.2Division 6.2.2 Repealed
  81. 6.2.3Division 6.2.3 Repealed
  82. 6.2.4Division 6.2.4 Repealed
  83. Coagulation of casein with the enzymes of rennet. Repealed
  84. 6.3.1Division 6.3.1 Repealed
  85. 6.3.2Division 6.3.2 Repealed
  86. 6.3.3Division 6.3.3 Repealed
  87. 6.3.4Division 6.3.4 Repealed
  88. Determination of casein nitrogen. Repealed
  89. 6.4.1Division 6.4.1 Repealed
  90. Blank test Repealed
  91. 7.1Division 7.1 Repealed
  92. 7.2Division 7.2 Repealed
  93. Control test Repealed
  94. 8.1Division 8.1 Repealed
  95. Expression of results Repealed
  96. 9.1Division 9.1 Repealed
  97. Accuracy of the method Repealed
  98. 10.1Repeatability Repealed
  99. 10.2Reproducibility Repealed
  100. 11Tolerance limit Repealed
  101. Observations Repealed
  102. 12.1Division 12.1 Repealed
  103. 12.2Division 12.2 Repealed
  104. 12.3Division 12.3 Repealed
  105. 12.4Division 12.4 Repealed
  106. Annex IV: DETERMINATION OF RENNET WHEY SOLIDS IN SKIMMED-MILK POWDER AND MIXTURES UNDER REGULATION (EEC) No 1725/79 Repealed
  107. 1Division 1 Repealed
  108. 2References: International standard ISO 707. Repealed
  109. 3Definition Repealed
  110. 4Principle Repealed
  111. 5Reagents Repealed
  112. 6Apparatus Repealed
  113. Sampling Repealed
  114. 7.1Division 7.1 Repealed
  115. 7.2Division 7.2 Repealed
  116. Procedure Repealed
  117. 8.1Preparation of the test sample Repealed
  118. 8.2Test portion Repealed
  119. Removal of fat and proteins Repealed
  120. 8.3.1Division 8.3.1 Repealed
  121. 8.3.2Division 8.3.2 Repealed
  122. 8.3.3Division 8.3.3 Repealed
  123. Chromatographic determination Repealed
  124. 8.4.1Division 8.4.1 Repealed
  125. 8.4.2Division 8.4.2 Repealed
  126. 8.4.3Division 8.4.3 Repealed
  127. Remarks Repealed
  128. Division Repealed
  129. Division Repealed
  130. Division Repealed
  131. 8.4.4Division 8.4.4 Repealed
  132. Calibration Repealed
  133. 8.5.1Division 8.5.1 Repealed
  134. Note Repealed
  135. Division Repealed
  136. Division Repealed
  137. 8.5.2Division 8.5.2 Repealed
  138. 8.5.3Division 8.5.3 Repealed
  139. Expression of results Repealed
  140. Method of calculation and formulae Repealed
  141. 9.1.1Division 9.1.1 Repealed
  142. 9.2Calculation of the percentage of rennet whey powder in the sample Repealed
  143. Accuracy of the procedure Repealed
  144. 9.3.1Repeatability Repealed
  145. 9.3.2Reproducibility Repealed
  146. 9.3.3Linearity Repealed
  147. Interpretation Repealed
  148. 9.4.1Division 9.4.1 Repealed
  149. Annex V: QUALITATIVE DETERMINATION OF STARCH IN SKIMMED-MILK POWDER, DENATURED MILK POWDER AND COMPOUND FEEDINGSTUFFS Repealed
  150. 1Scope Repealed
  151. 2Principle Repealed
  152. Reagents Repealed
  153. 3.1Iodine solution Repealed
  154. Apparatus Repealed
  155. 4.1Division 4.1 Repealed
  156. 4.2Division 4.2 Repealed
  157. 4.3Division 4.3 Repealed
  158. 5Procedure Repealed
  159. 6Expression of results Repealed
  160. 7Remarks Repealed
  161. Annex VI: DETERMINATION OF MOISTURE IN ACID BUTTERMILK POWDER Repealed
  162. 1Scope Repealed
  163. 2Principle Repealed
  164. Apparatus Repealed
  165. 3.1Division 3.1 Repealed
  166. 3.2Division 3.2 Repealed
  167. 3.3Division 3.3 Repealed
  168. 3.4Division 3.4 Repealed
  169. 3.5Division 3.5 Repealed
  170. 4Procedure Repealed
  171. 5Calculation Repealed
  172. Precision Repealed
  173. 6.1Repeatability limit Repealed
  174. 6.2Reproducibility limit Repealed
  175. 6.3Source of precision data Repealed