Avis juridique important

Commission Regulation (EEC) No 593/83 of 14 March 1983 continuing the measures referred to in Regulation (EEC) No 1271/78 on the improvement of the quality of milk within the Community Official Journal L 071 , 17/03/1983 P. 0020 - 0023

***** COMMISSION REGULATION (EEC) No 593/83 of 14 March 1983 continuing the measures referred to in Regulation (EEC) No 1271/78 on the improvement of the quality of milk within the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products (1), as last amended by Regulation (EEC) No 1189/82 (2), and in particular Article 4 thereof, Whereas the measures first carried out pursuant to Commission Regulation (EEC) No 1271/78 (3), as last amended by Regulation (EEC) No 2341/78 (4), and continued in accordance with Regulations (EEC) No 2936/79 (5), (EEC) No 1079/81 (6) and (EEC) No 272/82 (7), have proved an effective means of improving the quality of milk in the Community; Whereas, in the interests of greater effectiveness, the measures currently being carried out should be continued; Whereas the organizations, institutions, undertakings and producer groups possessing the necessary qualifications and experience should therefore be invited again to propose detailed programmes which these organizations would themselves carry out; Whereas, as regard the other arrangements, the main provisions of earlier Regulations, as amended in the light of relevant experience, may be repeated; 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. Measures shall be taken, under the conditions laid down in this Regulation, to encourage: (a) bacteriological analysis of raw milk; (b) testing in relation to health aspects of raw milk; (c) testing of milking machines; (d) counselling of individual milk producers, directed in particular towards the obtaining of milk (cowshed hygiene, milking, animal health) and its treatment (cooling); (e) counselling on the collection (jointly operated equipment, collection points) and transport of raw milk (specifications, equipment and operation of milk tankers); (f) setting up of milk collection centres, if necessary with refrigeration facilities. In properly justified exceptional cases, aids may also be granted to single farms; (g) in certain properly justified cases, analysis of the composition of raw milk and equipment for the transport of samples; (h) training qualified personnel for quality control and milk collection. 2. The measures referred to in paragraph 1 shall be eligible only if they are begun after 28 February 1983; they shall be completed within two years of the signature of the contract referred to in Article 5 (3) and in any case before 1 October 1985. In exceptional cases, however, a longer period may be agreed in accordance with Article 5 (2) to ensure maximum effectiveness of the measures concerned. 3. The time limit fixed by paragraph 2 shall not prevent subsequent agreement to an extension of that limit where the party to a contract, before the fixed expiry date, makes the appropriate application to the competent authority and proves that due to exceptional circumstances beyond his control, he is unable to meet the deadline originally stipulated. Article 2 1. Measures as referred to in Article 1 (1) shall be proposed and carried out by institutions, organizations, undertakings or producer groups which: (a) have the necessary qualifications and experience; (b) give guarantees that they are capable of ensuring the satisfactory completion of the work. Proposals by individual firms will be considered only where they are particularly justified and where they would not prejudice the operations of regional organizations specializing in the field. 2. The Community contribution shall be limited to 90 % of expenditure incurred for the measures concerned. The Community contribution towards the measures referred to in Article 1 (1) (h) must not exceed 10 % of the total expenditure in respect of the measures under Article 1 (1), for the Member State concerned. 3. In the case of the measures referred to in Article 1 (1) (a), (b) and (g), account shall be taken for purposes of Community contribution only of the first fitting-out of laboratories with: - equipment (which may include incubators) for examining the bacteriological content of milk, including any combined data-processing equipment, but excluding software, - equipment for detecting antibiotics, inhibitory substances and impurities in raw milk, including any combined data-processing equipment, but excluding software, - equipment for detecting mastitis in raw milk. In certain properly justified cases: - equipment for taking samples, transporting, sorting, preserving and preparing the samples, - equipment for examining the fat, protein and lactose content of the milk, including any combined data-processing equipment, but excluding software. The technical first fitting-out of already existing laboratories with improved, more economic, equipment shall be regarded as a measure referred to in Article 1 (1) (a), (b) and (g). Such equipment shall be financed only where its technical capacity will be effectively utilized. 4. In duly justified cases costs for analysis and examination for measures within the meaning of Article 1 (1) (a) and (b) may be eligible for financing. 5. The Community contribution shall be subject to an undertaking on the part of the applicant to introduce, in his area of operation, within the period fixed in the contract for the completion of the approved measures, a system whereby payment for milk is varied according to its bacteriological quality, or to continue an existing system. 6. The financing of general expenses incurred for the measures referred to in Article 1 (1) shall be limited to 2 % of the total approved cost. Article 3 1. Those concerned are hereby invited to submit, before 15 April 1983, to the competent authority appointed by their Member State, hereinafter called 'the competent authority', complete detailed proposals concerning the measures referred to in Article 1 (1). Where this date is not complied with, the proposal shall be considered null and void. 2. Further details for submission of proposals shall be as set out in the notices from the competent authorities published in Official Journal of the European Communities No C 17 of 23 January 1980, page 2 and No C 35 of 11 February 1982, page 8. Article 4 1. Complete proposals shall include: (a) the name and address of the applicant; (b) all details concerning the measures proposed, including the time required for completion, the expected results and details of any third parties to be involved; (c) the total of these measures, net of tax, expressed in the currency of the Member State on whose territory the applicant is established, giving an itemized breakdown of this amount and setting out the source of finance; (d) the desired form of payment of the Community contribution (Article 7 (1) (a) or (b)); (e) the most recent report available on the applicant's activities, unless this is already in the possession of the competent authority. 2. Proposals shall be valid only where: (a) they are submitted by an applicant fulfilling the conditions laid down in Article 2 (1); (b) they are accompanied by an undertaking that the applicant will comply with the provisions of this Regulation, and in particular with the obligations under Article 2 (5), and with the list of clauses and conditions referred to in Article 6. (1) OJ No L 131, 26. 5. 1977, p. 6. (2) OJ No L 140, 20. 5. 1982, p. 8. (3) OJ No L 156, 14. 6. 1978, p. 39. (4) OJ No L 282, 7. 10. 1978, p. 11. (5) OJ No L 334, 28. 12. 1979, p. 16. (6) OJ No L 112, 24. 4. 1981, p. 15. (7) OJ No L 28, 5. 2. 1982, p. 17.

*****

COMMISSION REGULATION (EEC) No 593/83

of 14 March 1983

continuing the measures referred to in Regulation (EEC) No 1271/78 on the improvement of the quality of milk within the Community

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products (1), as last amended by Regulation (EEC) No 1189/82 (2), and in particular Article 4 thereof,

Whereas the measures first carried out pursuant to Commission Regulation (EEC) No 1271/78 (3), as last amended by Regulation (EEC) No 2341/78 (4), and continued in accordance with Regulations (EEC) No 2936/79 (5), (EEC) No 1079/81 (6) and (EEC) No 272/82 (7), have proved an effective means of improving the quality of milk in the Community;

Whereas, in the interests of greater effectiveness, the measures currently being carried out should be continued;

Whereas the organizations, institutions, undertakings and producer groups possessing the necessary qualifications and experience should therefore be invited again to propose detailed programmes which these organizations would themselves carry out;

Whereas, as regard the other arrangements, the main provisions of earlier Regulations, as amended in the light of relevant experience, may be repeated;

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. Measures shall be taken, under the conditions laid down in this Regulation, to encourage:

(a) bacteriological analysis of raw milk;

(b) testing in relation to health aspects of raw milk;

(c) testing of milking machines;

(d) counselling of individual milk producers, directed in particular towards the obtaining of milk (cowshed hygiene, milking, animal health) and its treatment (cooling);

(e) counselling on the collection (jointly operated equipment, collection points) and transport of raw milk (specifications, equipment and operation of milk tankers);

(f) setting up of milk collection centres, if necessary with refrigeration facilities.

In properly justified exceptional cases, aids may also be granted to single farms;

(g) in certain properly justified cases, analysis of the composition of raw milk and equipment for the transport of samples;

(h) training qualified personnel for quality control and milk collection.

2. The measures referred to in paragraph 1 shall be eligible only if they are begun after 28 February 1983; they shall be completed within two years of the signature of the contract referred to in Article 5 (3) and in any case before 1 October 1985. In exceptional cases, however, a longer period may be agreed in accordance with Article 5 (2) to ensure maximum effectiveness of the measures concerned.

3. The time limit fixed by paragraph 2 shall not prevent subsequent agreement to an extension of that limit where the party to a contract, before the fixed expiry date, makes the appropriate application to the competent authority and proves that due to exceptional circumstances beyond his control, he is unable to meet the deadline originally stipulated.

1. Measures as referred to in Article 1 (1) shall be proposed and carried out by institutions, organizations, undertakings or producer groups which:

(a) have the necessary qualifications and experience;

(b) give guarantees that they are capable of ensuring the satisfactory completion of the work.

Proposals by individual firms will be considered only where they are particularly justified and where they would not prejudice the operations of regional organizations specializing in the field.

2. The Community contribution shall be limited to 90 % of expenditure incurred for the measures concerned. The Community contribution towards the measures referred to in Article 1 (1) (h) must not exceed 10 % of the total expenditure in respect of the measures under Article 1 (1), for the Member State concerned.

3. In the case of the measures referred to in Article 1 (1) (a), (b) and (g), account shall be taken for purposes of Community contribution only of the first fitting-out of laboratories with:

- equipment (which may include incubators) for examining the bacteriological content of milk, including any combined data-processing equipment, but excluding software,

- equipment for detecting antibiotics, inhibitory substances and impurities in raw milk, including any combined data-processing equipment, but excluding software,

- equipment for detecting mastitis in raw milk.

In certain properly justified cases:

- equipment for taking samples, transporting, sorting, preserving and preparing the samples,

- equipment for examining the fat, protein and lactose content of the milk, including any combined data-processing equipment, but excluding software.

The technical first fitting-out of already existing laboratories with improved, more economic, equipment shall be regarded as a measure referred to in Article 1 (1) (a), (b) and (g).

Such equipment shall be financed only where its technical capacity will be effectively utilized.

4. In duly justified cases costs for analysis and examination for measures within the meaning of Article 1 (1) (a) and (b) may be eligible for financing.

5. The Community contribution shall be subject to an undertaking on the part of the applicant to introduce, in his area of operation, within the period fixed in the contract for the completion of the approved measures, a system whereby payment for milk is varied according to its bacteriological quality, or to continue an existing system.

6. The financing of general expenses incurred for the measures referred to in Article 1 (1) shall be limited to 2 % of the total approved cost.

Article 3

1. Those concerned are hereby invited to submit, before 15 April 1983, to the competent authority appointed by their Member State, hereinafter called 'the competent authority', complete detailed proposals concerning the measures referred to in Article 1 (1).

Where this date is not complied with, the proposal shall be considered null and void.

2. Further details for submission of proposals shall be as set out in the notices from the competent authorities published in Official Journal of the European Communities No C 17 of 23 January 1980, page 2 and No C 35 of 11 February 1982, page 8.

1. Complete proposals shall include:

(a) the name and address of the applicant;

(b) all details concerning the measures proposed, including the time required for completion, the expected results and details of any third parties to be involved;

(c) the total of these measures, net of tax, expressed in the currency of the Member State on whose territory the applicant is established, giving an itemized breakdown of this amount and setting out the source of finance;

(d) the desired form of payment of the Community contribution (Article 7 (1) (a) or (b));

(e) the most recent report available on the applicant's activities, unless this is already in the possession of the competent authority.

2. Proposals shall be valid only where:

(a) they are submitted by an applicant fulfilling the conditions laid down in Article 2 (1);

(b) they are accompanied by an undertaking that the applicant will comply with the provisions of this Regulation, and in particular with the obligations under Article 2 (5), and with the list of clauses and conditions referred to in Article 6.

(1) OJ No L 131, 26. 5. 1977, p. 6.

(2) OJ No L 140, 20. 5. 1982, p. 8.

(3) OJ No L 156, 14. 6. 1978, p. 39.

(4) OJ No L 282, 7. 10. 1978, p. 11.

(5) OJ No L 334, 28. 12. 1979, p. 16.

(6) OJ No L 112, 24. 4. 1981, p. 15.

(7) OJ No L 28, 5. 2. 1982, p. 17.