Avis juridique important

Commission Regulation (EEC) No 356/80 of 14 February 1980 derogating from certain provisions of Regulation (EEC) No 1725/79 as regards checking as to the presence of certain products in the skimmed-milk powder used Official Journal L 038 , 15/02/1980 P. 0020 - 0021 Greek special edition: Chapter 03 Volume 27 P. 0229

**** ( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 . ( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 . ( 3 ) OJ NO L 199 , 7 . 8 . 1979 , P . 1 . ( 4 ) SEE PAGE 19 OF THIS OFFICIAL JOURNAL . ( 5 ) OJ NO L 52 , 24 . 2 . 1977 , P . 19 . ( 6 ) OJ NO L 50 , 1 . 3 . 1979 , P . 46 . ( 7 ) OJ NO L 58 , 3 . 3 . 1977 , P . 16 . ( 8 ) OJ NO L 205 , 11 . 8 . 1977 , P . 11 . ( 9 ) OJ NO L 134 , 22 . 5 . 1978 , P . 44 . COMMISSION REGULATION ( EEC ) NO 356/80 OF 14 FEBRUARY 1980 DEROGATING FROM CERTAIN PROVISIONS OF REGULATION ( EEC ) NO 1725/79 AS REGARDS CHECKING AS TO THE PRESENCE OF CERTAIN PRODUCTS IN THE SKIMMED-MILK POWDER USED 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 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 10 ( 3 ) THEREOF , WHEREAS COMMISSION REGULATION ( EEC ) NO 1725/79 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 355/80 ( 4 ), SPECIFIES CERTAIN PRODUCTS WHOSE PRESENCE IN SKIMMED-MILK POWDER IN AN UNPROCESSED FORM OR INCORPORATED IN A MIXTURE PRECLUDES THE GRANTING OF AID , IN ORDER TO EXCLUDED FROM ELIGIBILITY FOR THE AID SKIMMED-MILK POWDER WHICH HAS BEEN THE SUBJECT OF A PRICE REDUCTION OR AID PURSUANT TO THE FOLLOWING MEASURES : - COMMISSION REGULATION ( EEC ) NO 368/77 OF 23 FEBRUARY 1977 ON THE SALE BY TENDER OF SKIMMED-MILK POWDER FOR USE AS FEED FOR PIGS AND POULTRY ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 419/79 ( 6 ), - COMMISSION REGULATION ( EEC ) NO 443/77 OF 2 MARCH 1977 ON THE SALE AT A FIXED PRICE OF SKIMMED-MILK POWDER FOR USE IN FEED FOR PIGS AND POULTRY AND AMENDING REGULATIONS ( EEC ) NO 1687/76 AND ( EEC ) NO 368/77 ( 7 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 419/79 , - COMMISSION REGULATION ( EEC ) NO 1844/77 OF 10 AUGUST 1977 ON THE GRANTING BY TENDER OF SPECIAL AID FOR SKIMMED-MILK POWDER INTENDED AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES ( 8 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1055/78 ( 9 ); WHEREAS APPLICATION OF THOSE REGULATIONS HAS BEEN SUSPENDED SINCE OCTOBER 1979 ; WHEREAS IT THEREFORE APPEARS POSSIBLE , DURING THE PERIOD OF THE SUBSEQUENT SUSPENSION OF THE SAID REGULATIONS , TO DISPENSE WITH THE CHECK AS TO THE PRESENCE OF THE PRODUCTS IN QUESTION IN SKIMMED-MILK POWDER WHICH HAS BEEN EITHER DENATURED OR PROCESSED INTO COMPOUND FEEDINGSTUFFS AS FROM 1 MARCH 1980 PURSUANT TO REGULATION ( EEC ) NO 1725/79 ; WHEREAS THIS MEASURE IS ALSO INTENDED TO FACILITATE THE PRACTICAL IMPLEMENTATION OF REGULATION ( EEC ) NO 1725/79 ON THE DATE FIXED ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS , HAS ADOPTED THIS REGULATION : ARTICLE 1 1 . AS FROM 1 MARCH 1980 AND UNTIL THE DATE WHICH WILL BE FIXED AT THE TIME OF THE RESUMPTION OF APPLICATION OF REGULATIONS ( EEC ) NO 368/77 , ( EEC ) NO 443/77 AND/OR ( EEC ) NO 1844/77 OR SIMILAR MEASURES , THE FOLLOWING PROVISIONS OF REGULATION ( EEC ) NO 1725/79 SHALL NOT BE APPLIED : ( A ) ARTICLE 4 ( 1 ) ( D ); ( B ) THE LAST SUBPARAGRAPH OF ARTICLE 10 ( 2 ) ( A ), AS REGARDS CRUSHED CEREALS , CRUSHED OILCAKE , FISHMEAL , AND UNDEODORIZED FISH OIL . 2 . DURING THE PERIOD REFERRED TO IN PARAGRAPH 1 , THE FOLLOWING SPACES IN THE REPORTS APPEARING IN THE ANNEXES TO REGULATION ( EEC ) NO 1725/79 SHALL NOT BE COMPLETED : ( A ) IN THE ANALYSIS REPORT APPEARING IN ANNEX I : THE SPACES RELATING TO POINTS A 2 ( B ), ( D ), ( E ) AND ( F ); ( B ) IN THE INSPECTION REPORT APPEARING IN ANNEX II : THE SPACE RELATING TO POINT B 1 : ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 14 FEBRUARY 1980 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OJ NO L 199 , 7 . 8 . 1979 , P . 1 .

( 4 ) SEE PAGE 19 OF THIS OFFICIAL JOURNAL .

( 5 ) OJ NO L 52 , 24 . 2 . 1977 , P . 19 .

( 6 ) OJ NO L 50 , 1 . 3 . 1979 , P . 46 .

( 7 ) OJ NO L 58 , 3 . 3 . 1977 , P . 16 .

( 8 ) OJ NO L 205 , 11 . 8 . 1977 , P . 11 .

( 9 ) OJ NO L 134 , 22 . 5 . 1978 , P . 44 .

COMMISSION REGULATION ( EEC ) NO 356/80

OF 14 FEBRUARY 1980

DEROGATING FROM CERTAIN PROVISIONS OF REGULATION ( EEC ) NO 1725/79 AS REGARDS CHECKING AS TO THE PRESENCE OF CERTAIN PRODUCTS IN THE SKIMMED-MILK POWDER USED

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 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 10 ( 3 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1725/79 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 355/80 ( 4 ), SPECIFIES CERTAIN PRODUCTS WHOSE PRESENCE IN SKIMMED-MILK POWDER IN AN UNPROCESSED FORM OR INCORPORATED IN A MIXTURE PRECLUDES THE GRANTING OF AID , IN ORDER TO EXCLUDED FROM ELIGIBILITY FOR THE AID SKIMMED-MILK POWDER WHICH HAS BEEN THE SUBJECT OF A PRICE REDUCTION OR AID PURSUANT TO THE FOLLOWING MEASURES :

- COMMISSION REGULATION ( EEC ) NO 368/77 OF 23 FEBRUARY 1977 ON THE SALE BY TENDER OF SKIMMED-MILK POWDER FOR USE AS FEED FOR PIGS AND POULTRY ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 419/79 ( 6 ),

- COMMISSION REGULATION ( EEC ) NO 443/77 OF 2 MARCH 1977 ON THE SALE AT A FIXED PRICE OF SKIMMED-MILK POWDER FOR USE IN FEED FOR PIGS AND POULTRY AND AMENDING REGULATIONS ( EEC ) NO 1687/76 AND ( EEC ) NO 368/77 ( 7 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 419/79 ,

- COMMISSION REGULATION ( EEC ) NO 1844/77 OF 10 AUGUST 1977 ON THE GRANTING BY TENDER OF SPECIAL AID FOR SKIMMED-MILK POWDER INTENDED AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES ( 8 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1055/78 ( 9 );

WHEREAS APPLICATION OF THOSE REGULATIONS HAS BEEN SUSPENDED SINCE OCTOBER 1979 ; WHEREAS IT THEREFORE APPEARS POSSIBLE , DURING THE PERIOD OF THE SUBSEQUENT SUSPENSION OF THE SAID REGULATIONS , TO DISPENSE WITH THE CHECK AS TO THE PRESENCE OF THE PRODUCTS IN QUESTION IN SKIMMED-MILK POWDER WHICH HAS BEEN EITHER DENATURED OR PROCESSED INTO COMPOUND FEEDINGSTUFFS AS FROM 1 MARCH 1980 PURSUANT TO REGULATION ( EEC ) NO 1725/79 ; WHEREAS THIS MEASURE IS ALSO INTENDED TO FACILITATE THE PRACTICAL IMPLEMENTATION OF REGULATION ( EEC ) NO 1725/79 ON THE DATE FIXED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

1 . AS FROM 1 MARCH 1980 AND UNTIL THE DATE WHICH WILL BE FIXED AT THE TIME OF THE RESUMPTION OF APPLICATION OF REGULATIONS ( EEC ) NO 368/77 , ( EEC ) NO 443/77 AND/OR ( EEC ) NO 1844/77 OR SIMILAR MEASURES , THE FOLLOWING PROVISIONS OF REGULATION ( EEC ) NO 1725/79 SHALL NOT BE APPLIED :

( A ) ARTICLE 4 ( 1 ) ( D );

( B ) THE LAST SUBPARAGRAPH OF ARTICLE 10 ( 2 ) ( A ), AS REGARDS CRUSHED CEREALS , CRUSHED OILCAKE , FISHMEAL , AND UNDEODORIZED FISH OIL .

2 . DURING THE PERIOD REFERRED TO IN PARAGRAPH 1 , THE FOLLOWING SPACES IN THE REPORTS APPEARING IN THE ANNEXES TO REGULATION ( EEC ) NO 1725/79 SHALL NOT BE COMPLETED :

( A ) IN THE ANALYSIS REPORT APPEARING IN ANNEX I :

THE SPACES RELATING TO POINTS A 2 ( B ), ( D ), ( E ) AND ( F );

( B ) IN THE INSPECTION REPORT APPEARING IN ANNEX II :

THE SPACE RELATING TO POINT B 1 :

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 14 FEBRUARY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT