31974R1370

1 . 6. 74 Official Journal of the European Communities No L 147/55

REGULATION (EEC) No 1370/74 OF THE COMMISSION of 31 May 1974 laying down detailed rules for applying the system of aid for dehydrated fodder for the 1974/75 marketing year

THE COMMISSION OF THE EUROPEAN Whereas to simplify the application of che aid system COMMUNITIES, the Member States should be allowed to specify a minimum quantity in respect of which an application Having regard to the Treaty establishing the Euro­ for aid may be made ; pean Economic Community ; Whereas the proper operation of che system requires that uniform provisions for the payment of aid be Having regard to Council Regulation (EEC) laid down ; No 1067/74 (*) of 30 April 1974 on the common organization of the market in dehydrated fodder, Whereas the period of application of this Regulation and in particular Articles 3 (5 ) and 4 (5 ) thereof ; should be limited to a period sufficient to permit its effectiveness to be assessed ; Whereas having regard to the conditions laid down Whereas the measures provided for in this Regulation in Article 1 of Council Regulation (EEC) No 1192/ are in accordance with the Opinion of the Manage­ 74 (2) of 13 May 1974 on aid for dehydrated fodder ment Committee for Dehydrated Fodder. the minimum quality laid down for such products, expressed in terms of moisture and protein content, should be chat recorded on the Community market ; whereas, taking commercial practices into account, HAS ADOPTED THIS REGULATION : the moisture content should be differenciated according to the processes of manufacture ; Article 1

Whereas Article 5 of Regulation ( EEC) No 1192/74 This Regulation lays down for the 1974/75 marketing provides that Member States shall set up a super­ year detailed rules for the application of the system visory system in order to verify, for each drying of aid for dehydrated fodder. plant, whether the conditions set out in chat Regu­ lation have been complied with and whether the plants' output of dehydrated fodder meeting the Article 2 minimum quality requirement corresponds to the quantity for which aid has been requested ; whereas, 1 . The maximum moisture content as referred to consequently, the accounts of drying plants, declara­ in subparagraph (a ) of Article 1 of Regulation (EEC) tions of area and applications for aid must include No 1192/74 shall be : the minimum details necessary for such verification ; whereas, the other documentary evidence which may — 12 °/o for dehydrated fodders which have under­ be required of drying plants for the purposes of such gone a milling process ; verification should also be indicated ; — 14 °/o for the other dehydrated fodders.

Whereas , in order to facilitate verification of the 2 . The minimum crude protein content as re­ entitlement to aid and so chat Member States may ferred to in subparagraph (b ), Article 1 of the afore­ know the estimated volume of production , provision mentioned Regulation shall be 14 %>. should be made specifying a date by which contracts concluded between drying plants and farmers are to be lodged ; Article 3

Whereas in order to facilitate the marketing of fodder 1 . In addition to the details referred to in Article for dehydration it should be provided that each 2 ( a ) of Regulation ( EEC) No 1192/74, th.e stock contract must be concluded in writing and , indicate accounts of drying plants must include at least details in particular the date and period for which it is of the quantities and the quality of dehydrated fodder concluded and the names and addresses of the con­ entering the plant. tracting parties ; 2 . Where a drying iplant dehydrates likewise pro­ ducts other than fodders it shalll keep separate ac­ (») OJ No L 120, 1 . 5 . 1974, p. .5 . H OJ No L 131 , 14 . 5 . 1974, p. 1 . counts in respect of these other dehydrating activities.

No L 147/56 Official Journal of the European Communities 1 . 6. 74

Article4¶

The declaration of areas referred to in Article 3 of 1 . The other documentary evidence to be supplied Regulation ( EEC ) No 1192/74 shall be submitted by drying plants shall be as follows : before 31 July 1974.

(a) for all drying plants : Each declaration shall include at least the following : — particulars of the area in hectares and ares and — details permitting the determination of the production capacity of the plant, broken down by crop ;

— details of the fuel stocks held in the plant — the cadastral register number of the areas or a at the beginning of the production period, reference recognized as equivalent by the body responsible for the verification of the areas. — invoices for the purchase of fuel and the meter reading of consumption of electricity during the production period, Article 6 — details of fuel stocks held at the end of that Drying plants shall lodge with the body responsible period, for verification of the entitlement to aid not later — details of the number of hours worked by the than one month after the date on which they are staff of the plant ; concluded, contracts as referred to in Article 4 (1 ) of Regulation (EEC) No 1192/74. (b ) for drying plants which sell their own output, the invoices in respect of their sales of dehydrated Article 7 fodder, with details in particular of : — the quantity and the quality of fodder sold , 1 . Contracts shall be concluded in writing. They shall be made in respect of a particular crop area — the name and address of the purchaser ; or of an estimated quantity of fodder.

(c) for plants processing for their members fodder 2. In addition to the provisions specified in Article produced by those members, the delivery orders 4 (2) of Regulation (EEC) No 1192/74, each contract in respect of the processed fodder, with details shall include inter alia the following : in particular of : ( a ) the names, forenames and addresses of the — the quantity and quality of the processed contracting parties ; fodder delivered, ( b ) the date on which it is concluded ; — the names of the persons to who such fodder was delivered ; ( c ) the term for which it is concluded ;

(d ) the type or types of crop concerned ; (d ) foi plants processing farmers' fodder supplied ( e ) where the contract is in respect of a particular by those farmers, invoices in respect of their area, the particulars necessary for the identifica­ processing charges, with details in particular of : tion of the area concerned . — the quantity and the quality of dehydrated fodder produced, Article 8 — the names of the farmers concerned ; For the purpose of this Regulation, the dehydrated (e ) for drying plants using the fodder on farms which fodder considered as leaving the drying plant are belong to them : those which :

— details of the number of live-stock on such — leave that enterprise as such ; farms at the beginning of the marketing year, — are blended, within that enterprise, with other — details of any changes in such live-stock raw materials with a view to the manufacture of numbers during the marketing year. compound food for animals .

Article 9 2. The documentary evidence referred to in para­ graph 1 shall be supplied by the plant at the request of the body responsible for verification of entitlement 1 . For the purposes of Article 5 ( 2) of Regulation to aid . ( EEC ) No 1192/74 the maximum quantity which

1 . 6 . 74 Official Journal of the European Communities No L 147 /57

may be represented by any one sample shall be 100 — the quantity in respect of which application for metric tons of dehydrated products and sampling aid is made ; shall be carried out in accordance with a standard — the date or dates on which each quantity left the Community method. plant. However, until Community provisions are adopted in this matter, Member States shall use a method of Article 12 their choice, to be notified to the Commision not later than 31 July 1974. The Member State concerned shall pay the amount of the aid within 180 days following receipt of the 2. The determination of moisture and crude application . protein content shall be carried out in accordance with the method laid down in the Community Article 13 provisions establishing Community methods of analysis for the official control of feedingstuffs . Member States shall inform the other Member States and the Commission, before 30 June 1974 of the Article 10 provisions adopted by them for the purposes of the verification provided for in Article 5 ( 1 ) of Regu­ Aid shall be granted to drying plants on applications lation ( EEC) No 1192/74. Where such provisions are to be submitted not later than 31 May 1975 . The not adequate for the purposes of that paragraph, Member States may determine the minimum quantity the amendments which the Member State concerned required for each application . must make to them shall be decided under the procedure laid down in Article 12 of Regulation (EEC ) No 1067/74 . Article 1 1 Article 14 Every application for aid shall contain at least the following : This Regulation shall enter into force on the day — the name, forename, address and signature of the following its publication in the Official Journal of applicant ; the European Communities .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 31 May 1974.

For the Commission

The President Francois-Xavier ORTOLI