Avis juridique important

Commission Regulation (EEC) No 804/76 of 7 April 1976 amending Regulation (EEC) No 990/72 as regards certain detailed rules for the denaturing of skimmed-milk powder and the conditions governing its incorporation into compound feedingstuffs Official Journal L 093 , 08/04/1976 P. 0022 - 0023

++++ ( 1 ) OJ N L 148 , 28 . 6 . 1968 , P . 13 . ( 2 ) OJ N L 67 , 15 . 3 . 1976 , P . 18 . ( 3 ) OJ N L 115 , 17 . 3 . 1972 , P . 1 . ( 4 ) OJ N L 53 , 26 . 2 . 1973 , P . 4 . ( 5 ) OJ N L 67 , 15 . 3 . 1976 , P . 18 . ( 6 ) OJ N L 169 , 18 . 7 . 1968 , P . 4 . COMMISSION REGULATION ( EEC ) N 804/76 OF 7 APRIL 1976 AMENDING REGULATION ( EEC ) N 990/72 AS REGARDS CERTAIN DETAILED RULES FOR THE DENATURING OF SKIMMED-MILK POWDER AND THE CONDITIONS GOVERNING ITS INCORPORATION INTO COMPOUND FEEDINGSTUFFS THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 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 ) N 559/76 ( 2 ) , AND IN PARTICULAR ARTICLE 10 ( 3 ) THEREOF , WHEREAS ARTICLE 1 ( 3 ) OF COMMISSION REGULATION ( EEC ) N 990/72 OF 15 MAY 1972 ON DETAILED RULES FOR GRANTING AID FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS AND FOR SKIMMED-MILK POWDER FOR USE AS FEED ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 453/73 ( 4 ) , CONTAINS A LIST OF PRODUCTS WHICH , WHEN PUT INTO SKIMMED-MILK POWDER IN AN UNALTERED STATE OR INCORPORATED IN A MIXTURE PRECLUDE THE GRANTING OF AID ; WHEREAS IN ORDER THAT COUNCIL REGULATION ( EEC ) N 563/76 OF 15 MARCH 1976 ON THE COMPULSORY PURCHASE OF SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES FOR USE IN FEEDINGSTUFFS ( 5 ) MAY BE PROPERLY APPLIED , THIS LIST SHOULD BE EXTENDED , IN ORDER TO RENDER SKIMMED-MILK POWDER USED UNDER THE SAID REGULATION INELIGIBLE FOR AID ; WHEREAS , IN ORDER TO MAINTAIN AND INCREASE THE AMOUNT OF SKIMMED-MILK POWDER USED IN FEEDINGSTUFFS , THE GRANTING OF AID SHOULD BE MADE CONDITIONAL UPON A MINIMUM RATE OF INCORPORATION OF SKIMMED-MILK POWDER ; WHEREAS CERTAIN CHANGES SHOULD BE MADE TO ENSURE THE EFFECTIVENESS OF THAT PROVISION AND , IN PARTICULAR , PURSUANT TO ARTICLE 2 ( 6 ) OF REGULATION ( EEC ) N 986/68 ( 6 ) , A LIMIT SHOULD BE PLACED UPON THE QUANTITY OF SKIMMED-MILK POWDER FOR WHICH AID MAY BE GRANTED IN THE EVENT OF DENATURING ; WHEREAS 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 : ARTICLE 1 THE FOLLOWING INDENTS ARE HEREBY ADDED TO ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) N 990/72 : " _ CRUSHED OIL CAKES , _ FISH MEAL , _ FISH OIL , _ IRON SALTS , _ COPPER SALTS " . ARTICLE 2 THE FOLLOWING PARAGRAPH 4 IS HEREBY ADDED TO ARTICLE 1 OF REGULATION ( EEC ) N 990/72 : " 4 . AID FOR SKIMMED-MILK POWDER , DENATURED IN ACCORDANCE WITH ARTICLES 2 AND 3 DURING THE PERIOD BETWEEN 15 APRIL 1976 AND THE END OF THE 1976/77 MILK MARKETING YEAR , SHALL BE GRANTED ONLY FOR QUANTITIES WHICH , PER MONTH , DO NOT EXCEED THE QUANTITY OF SKIMMED-MILK POWDER DENATURED BY THE UNDERTAKING IN QUESTION , AS DETERMINED BY THE SUPERVISION PROVIDED FOR IN ARTICLE 3 , DURING THE CORRESPONDING MONTH OF THE PREVIOUS YEAR " . ARTICLE 3 ARTICLE 2 OF REGULATION ( EEC ) N 990/72 IS HEREBY AMENDED TO READ AS FOLLOWS : " ARTICLE 2 SKIMMED-MILK POWDER SHALL BE DENATURED BY THE ADDITION , PER 100 KG OF SKIMMED-MILK POWDER , OF 2 * 5 KG OF LUCERNE MEAL OF GRASS MEAL , CONTAINING NOT LESS THAN 70 % OF PARTICLES NOT EXCEEDING 300 MICRONS , UNIFORMLY DISTRIBUTED THROUGHOUT THE MIXTURE " . ARTICLE 4 ARTICLE 4 OF REGULATION ( EEC ) N 990/72 IS HEREBY AMENDED AS FOLLOWS : 1 . IN PARAGRAPH 1 : _ SUBPARAGRAPH ( A ) IS AMENDED TO READ AS FOLLOWS : " ( A ) CONTAINING NOT LESS THAN 60 % AND NOT MORE THAN 70 % OF SKIMMED-MILK POWDER TO WHICH IS ADDED NOT LESS THAN : _ 5 % OF NON-BUTYRIC FATS AND NOT LESS THAN 2 % OF STARCH OR PUFFED STARCH , OR _ 2 * 5 % OF NON-BUTYRIC FATS AND NOT LESS THAN 2 % OF STARCH OR PUFFED STARCH WHERE 2 * 5 KG OF LUCERNE MEAL OR GRASS MEAL CONTAINING NOT LESS THAN 70 % OF PARTICLES NOT EXCEEDING 300 MICRONS ARE INCORPORATED PER 100 KG OF SKIMMED-MILK POWDER " ; _ THE FOLLOWING SUBPARAGRAPH IS ADDED AT THE END : " THE MAXIMUM SKIMMED-MILK POWDER CONTENT OF 70 % LAID DOWN IN ( A ) MAY BE INCREASED TO 80 % BY MEMBER STATES ON WHOSE TERRITORY COMPOUND FEEDINGSTUFFS WHICH HAS A SKIMMED-MILK POWDER CONTENT OF MORE THAN 70 % AND FOR WHICH AID WAS GRANTED WERE MANUFACTURED DURING THE 1975/76 MILK MARKETING YEAR " . 2 . IN PARAGRAPH 2 THE FOLLOWING SUBPARAGRAPH ( D ) IS ADDED AT THE END : " ( D ) THE SKIMMED-MILK POWDER CONTENT OF THE FINISHED PRODUCT " . 3 . IN PARAGRAPH 4 THE FOLLOWING IS ADDED AT THE END : " OR HAS NOT BEEN THE SUBJECT OF THE MEASURES LAID DOWN IN REGULATION ( EEC ) N 563/76 " . ARTICLE 5 THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 2 ) OF REGULATION ( EEC ) N 990/72 IS HEREBY AMENDED TO READ AS FOLLOWS : " APPROVAL SHALL BE WITHDRAWN IF THESE GUARANTEES CEASE TO EXIST ; IT MAY BE WITHDRAWN WHERE IT IS ASCERTAINED THAT THE UNDERTAKING CONCERNED HAS NOT FULFILLED AN OBLIGATION ARISING FROM THIS REGULATION " . ARTICLE 6 THIS REGULATION SHALL ENTER INTO FORCE ON 15 APRIL 1976 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 7 APRIL 1976 . FOR THE COMMISSION P . J . LARDINOIS MEMBER OF THE COMMISSION

++++

( 1 ) OJ N L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ N L 67 , 15 . 3 . 1976 , P . 18 .

( 3 ) OJ N L 115 , 17 . 3 . 1972 , P . 1 .

( 4 ) OJ N L 53 , 26 . 2 . 1973 , P . 4 .

( 5 ) OJ N L 67 , 15 . 3 . 1976 , P . 18 .

( 6 ) OJ N L 169 , 18 . 7 . 1968 , P . 4 .

COMMISSION REGULATION ( EEC ) N 804/76

OF 7 APRIL 1976

AMENDING REGULATION ( EEC ) N 990/72 AS REGARDS CERTAIN DETAILED RULES FOR THE DENATURING OF SKIMMED-MILK POWDER AND THE CONDITIONS GOVERNING ITS INCORPORATION INTO COMPOUND FEEDINGSTUFFS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 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 ) N 559/76 ( 2 ) , AND IN PARTICULAR ARTICLE 10 ( 3 ) THEREOF ,

WHEREAS ARTICLE 1 ( 3 ) OF COMMISSION REGULATION ( EEC ) N 990/72 OF 15 MAY 1972 ON DETAILED RULES FOR GRANTING AID FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS AND FOR SKIMMED-MILK POWDER FOR USE AS FEED ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 453/73 ( 4 ) , CONTAINS A LIST OF PRODUCTS WHICH , WHEN PUT INTO SKIMMED-MILK POWDER IN AN UNALTERED STATE OR INCORPORATED IN A MIXTURE PRECLUDE THE GRANTING OF AID ; WHEREAS IN ORDER THAT COUNCIL REGULATION ( EEC ) N 563/76 OF 15 MARCH 1976 ON THE COMPULSORY PURCHASE OF SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES FOR USE IN FEEDINGSTUFFS ( 5 ) MAY BE PROPERLY APPLIED , THIS LIST SHOULD BE EXTENDED , IN ORDER TO RENDER SKIMMED-MILK POWDER USED UNDER THE SAID REGULATION INELIGIBLE FOR AID ;

WHEREAS , IN ORDER TO MAINTAIN AND INCREASE THE AMOUNT OF SKIMMED-MILK POWDER USED IN FEEDINGSTUFFS , THE GRANTING OF AID SHOULD BE MADE CONDITIONAL UPON A MINIMUM RATE OF INCORPORATION OF SKIMMED-MILK POWDER ; WHEREAS CERTAIN CHANGES SHOULD BE MADE TO ENSURE THE EFFECTIVENESS OF THAT PROVISION AND , IN PARTICULAR , PURSUANT TO ARTICLE 2 ( 6 ) OF REGULATION ( EEC ) N 986/68 ( 6 ) , A LIMIT SHOULD BE PLACED UPON THE QUANTITY OF SKIMMED-MILK POWDER FOR WHICH AID MAY BE GRANTED IN THE EVENT OF DENATURING ;

WHEREAS 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 :

THE FOLLOWING INDENTS ARE HEREBY ADDED TO ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) N 990/72 :

" _ CRUSHED OIL CAKES ,

_ FISH MEAL ,

_ FISH OIL ,

_ IRON SALTS ,

_ COPPER SALTS " .

ARTICLE 2

THE FOLLOWING PARAGRAPH 4 IS HEREBY ADDED TO ARTICLE 1 OF REGULATION ( EEC ) N 990/72 :

" 4 . AID FOR SKIMMED-MILK POWDER , DENATURED IN ACCORDANCE WITH ARTICLES 2 AND 3 DURING THE PERIOD BETWEEN 15 APRIL 1976 AND THE END OF THE 1976/77 MILK MARKETING YEAR , SHALL BE GRANTED ONLY FOR QUANTITIES WHICH , PER MONTH , DO NOT EXCEED THE QUANTITY OF SKIMMED-MILK POWDER DENATURED BY THE UNDERTAKING IN QUESTION , AS DETERMINED BY THE SUPERVISION PROVIDED FOR IN ARTICLE 3 , DURING THE CORRESPONDING MONTH OF THE PREVIOUS YEAR " .

ARTICLE 3

ARTICLE 2 OF REGULATION ( EEC ) N 990/72 IS HEREBY AMENDED TO READ AS FOLLOWS :

" ARTICLE 2

SKIMMED-MILK POWDER SHALL BE DENATURED BY THE ADDITION , PER 100 KG OF SKIMMED-MILK POWDER , OF 2 * 5 KG OF LUCERNE MEAL OF GRASS MEAL , CONTAINING NOT LESS THAN 70 % OF PARTICLES NOT EXCEEDING 300 MICRONS , UNIFORMLY DISTRIBUTED THROUGHOUT THE MIXTURE " .

ARTICLE 4

ARTICLE 4 OF REGULATION ( EEC ) N 990/72 IS HEREBY AMENDED AS FOLLOWS :

1 . IN PARAGRAPH 1 :

_ SUBPARAGRAPH ( A ) IS AMENDED TO READ AS FOLLOWS :

" ( A ) CONTAINING NOT LESS THAN 60 % AND NOT MORE THAN 70 % OF SKIMMED-MILK POWDER TO WHICH IS ADDED NOT LESS THAN :

_ 5 % OF NON-BUTYRIC FATS AND NOT LESS THAN 2 % OF STARCH OR PUFFED STARCH , OR

_ 2 * 5 % OF NON-BUTYRIC FATS AND NOT LESS THAN 2 % OF STARCH OR PUFFED STARCH WHERE 2 * 5 KG OF LUCERNE MEAL OR GRASS MEAL CONTAINING NOT LESS THAN 70 % OF PARTICLES NOT EXCEEDING 300 MICRONS ARE INCORPORATED PER 100 KG OF SKIMMED-MILK POWDER " ;

_ THE FOLLOWING SUBPARAGRAPH IS ADDED AT THE END :

" THE MAXIMUM SKIMMED-MILK POWDER CONTENT OF 70 % LAID DOWN IN ( A ) MAY BE INCREASED TO 80 % BY MEMBER STATES ON WHOSE TERRITORY COMPOUND FEEDINGSTUFFS WHICH HAS A SKIMMED-MILK POWDER CONTENT OF MORE THAN 70 % AND FOR WHICH AID WAS GRANTED WERE MANUFACTURED DURING THE 1975/76 MILK MARKETING YEAR " .

2 . IN PARAGRAPH 2 THE FOLLOWING SUBPARAGRAPH ( D ) IS ADDED AT THE END :

" ( D ) THE SKIMMED-MILK POWDER CONTENT OF THE FINISHED PRODUCT " .

3 . IN PARAGRAPH 4 THE FOLLOWING IS ADDED AT THE END :

" OR HAS NOT BEEN THE SUBJECT OF THE MEASURES LAID DOWN IN REGULATION ( EEC ) N 563/76 " .

ARTICLE 5

THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 2 ) OF REGULATION ( EEC ) N 990/72 IS HEREBY AMENDED TO READ AS FOLLOWS :

" APPROVAL SHALL BE WITHDRAWN IF THESE GUARANTEES CEASE TO EXIST ; IT MAY BE WITHDRAWN WHERE IT IS ASCERTAINED THAT THE UNDERTAKING CONCERNED HAS NOT FULFILLED AN OBLIGATION ARISING FROM THIS REGULATION " .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 15 APRIL 1976 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 7 APRIL 1976 .

FOR THE COMMISSION

P . J . LARDINOIS

MEMBER OF THE COMMISSION