31975R0832

No L 79/42 Official Journal of the European Communities 28 . 3 . 75

REGULATION (EEC) No 832/75 OF THE COMMISSION of 26 March 1975 laying down detailed rules for the application of the system of aid for dehy­ drated fodder

THE COMMISSION OF THE EUROPEAN contract must be concluded in writing and indicate in COMMUNITIES, particular the date on and term for which it is concluded and the names and addresses of the Having regard to the Treaty establishing the European Contracting Parties ; Economic Community ; Whereas, to simplify the operation of the aid arrange­ Having regard to Council Regulation (EEC) No ments, Member States should be allowed to specify a 1067/74 (') of 30 April 1974 on the common organiza­ minimum quantity in respect of which an application tion of the market in dehydrated fodder, and in parti­ for aid may be made ; cular Articles 3 (5) and 4 (5) thereof ; Whereas the proper operation of the system requires Having regard to the conditions laid down in Article 1 that uniform provisions for the payment of aid be laid of Council Regulation (EEC) No 11 92/74 (2) of 13 down ; May 1974 on aid for dehydrated fodder, as amended by Regulation (EEC) No 1 56/75 (3), the minimum Whereas the measures provided for in this Regulation quality prescribed for such products, expressed in are in accordance with the Opinion of the Manage­ terms of moisture and protein content, should be that ment Committee for Dried Fodder, recorded on the Community market ; whereas, taking commercial practices into account, the moisture content should be differentiated according to the drying process used ; HAS ADOPTED THIS REGULATION : Whereas Article 5 of Regulation (EEC) No 1192/74 provides that Member States shall set up a supervisory system in order to verify, for each drying plant, A rticle 1 whether the conditions set out in that Regulation have been complied with and whether a plant's output of This Regulation lays down with effect from the dehydrated fodder meeting the minimum quality marketing year 1975/76 detailed rules for the applica­ requirement corresponds to the quantity for which aid tion of the system of aid for dehydrated fodder. has been requested ; whereas, consequently, the accounts of drying plants, declarations of area and applications for aid must include the minimum Article 2 details necessary for such verification ; whereas the other documentary evidence which may be required of drying plants for the purposes of such verification 1 . For the purposes of this Regulation , 'drying­ should also be indicated ; plant' means the following :

Whereas, in order to ensure that such verification is (a) any premises or other place within the periphery of an establishment where drying is carried out by effective, provision should be made to define the term 'drying plant' and also the date on which fodder is to means of a drier which satisfies the following requirements : be regarded as having left such plant ; — air temperature at the entry point not less than Whereas, in order to facilitate verification of the enti­ 93° C ; J tlement to aid and so that Member States may know — residence time of the fodder being dehydrated the estimated volume of production, provision should not exceeding three hours ; be made specifying a date by which contracts concluded between drying plants and farmers are to — in case of drying in layers of fodder, bed depth be lodged ; of each layer no deeper than one metre ;

(b) where the dehydrated fodder cannot be stored Whereas, in order to facilitate the marketing of fodder within the periphery as aforesaid, any storage place for dehydration , it should be provided that each outside it offering adequate safeguards for purposes of verification of the fodder stored there (') OJ No L 120, 1 . 5 . 1974, p. 2. (2 ) OJ No L 131 , 14 . 5. 1974, p. 1 . being a place approved in advance by the (3 ) OJ No L 19, 24. 1 . 1975, p. 5 . authority responsible for such verification ;

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(c) in the case of mobile drying equipment : 2. Where a drying plant also dries products other than fodder as specified in Article 1 of Regulation — the totality of such drying equipment, (EEC) No 1067/74, it shall keep separate accounts in provided that this includes a dryer, which satis­ respect of these other drying activities. fies the requirements set out in (a) ; .

— if the dehydrated fodder is stored by the person having dried it, any storage place which Article 5 satisfies the provisions of (b).

2. For the purposes of this Regulation , dehydrated 1 . The other documentary evidence to be supplied fodder shall be considered to have left the drying by drying plants shall be as follows : plant where : (a) in the case of all drying plants : (a) it leaves such plant in the unaltered state ; — particulars whereby the production capacity of (b) it has been mixed within that plant with raw ma­ the plant may be determined, terials, other than those specified in Article 1 of — details of the fuel stocks held in the plant at Regulation (EEC) No 1067/74, with a view to the manufacture of feed . the beginning of the production period,

— invoices for the purchase of fuel and the meter 3 . By way of derogation from paragraph 2, where a readings of consumption of electricity during drying plant uses fodder dried by it for the purposes the production period, of a farming enterprise belonging to it, the dehydrated — details of fuel stocks held at the end of that fodder produced during a period to be fixed, at least period, twice during each marketing year, by each Member State shall be considered to have left the drying plant — details of the number of hours worked by the on the last day of such period . staff of the plant ;

(b) in the case of drying plants which sell their own output, the invoices in respect of their sales of Article 3 dehydrated fodder, with details in particular of :

— the quantity and the quality of the fodder sold, 1 . The maximum moisture content as referred to in subparagraph (a) of Article 1 of Regulation (EEC) No — the name and address of the purchaser ; 1192/74 shall be : (c) in the case of plants processing for their members fodder produced by those members, the delivery — 12% for dehydrated fodders which have under­ orders or any other accounting document accep­ gone a milling process ; table to the body responsible for verification , with — 14% for other dehydrated fodders. details in particular of :

— the quantity and quality of the processed 2. The minimum crude protein content as referred fodder delivered , to in subparagraph (b) of Article 1 of the aforemen­ — the names of the persons to whom such fodder tioned Regulation shall be 14% . was delivered ;

(d) in the case of plants processing for farmers fodder supplied by those farmers, invoices in respect of Article 4 their processing charges, with details in particular of : 1 . In addition to the details referred to in Article 2 — the quantity and the quality of dehydrated (a) of Regulation (EEC) No 1 1 92/74, the stock fodder produced, accounts of drying plants must include at least details of : — the names of the farmers concerned ;

— the quantities and the quality of dehydrated fodder (e) in the case of drying plants using, on farms which entering the plant, belong to them , fodder dried by them :

— details of the number of livestock on such — the stock of dehydrated fodder at the end of each marketing year, farms at the beginning of the marketing year,

— the dates on which the dehydrated fodder left the — details of any changes in such livestock plant. numbers during the marketing year.

No L 79/44 Official Journal of the European Communities 28 . 3 . 75

2. The documentary evidence referred to in para­ regarded as a single lot in so far as the overall quantity graph 1 shall be supplied by the plant at the request of such fodder does not exceed 100 metric tons . Each of the body responsible for verification of entitlement sample must be representative of the quantities to aid . concerned .

4 . The determination of moisture and crude Article 6 protein content shall be carried out for each lot in accordance with the method laid down in the Commu­ The declaration of areas referred to in Article 3 of nity provisions establishing Community methods of Regulation (EEC) No 1192/74 shall be submitted each analysis for the official control of feedingstuffs . year at latest on 31 October following the beginning of the marketing year concerned . Article 10 Each declaration shall include at least the following : Aid shall be granted to drying plants on applications — particulars of the area in hectares and ares and to be submitted not later than 31 May following the broken down by crop ; end of the marketing year. Member States may pres­ — the cadastral register number of the areas or a refer­ cribe a minimum quantity per application . ence recognized as equivalent by the body respon­ sible for the verification of the areas . Article 11

Article 7 Every application for aid shall contain at least the following ; Drying plants shall lodge with the body responsible — the name, forename, address and signature of the for verification of the entitlement to aid , not later than applicant ; one month after the date on which they are concluded, contracts as referred to in Article 4 ( 1 ) of — particulars of the quantity in respect of which Regulation (EEC) No 1192/74. application for aid is made ; — the date or dates on which each quantity left the Article 8 plant.

1 . Contracts shall be in writing. They shall be made Article 12 in respect of a specified crop area or of an estimated quantity of fodder. The Member State concerned shall pay the amount of the aid within 180 days following receipt of the appli­ 2. In addition to the provisions specified in Article cation . 4 (2) of Regulation (EEC) No 1192/74, each contract shall include inter alia the following : Article 13 (a) the names, forenames and addresses of the contracting parties ; Each Member State shall inform the other Member (b) the date on which it is concluded ; States and the Commission , not later than one month (c) the term for which it is concluded ; after the date on which they are put into effect, of the (d) the type or types of crop concerned ; provisions adopted by it for the purposes of the verifi­ (e) where the contract is in respect of a specified area, cation provided for in Article 5 ( 1 ) of Regulation the particulars necessary for the identification of (EEC) No 1192/74. Where' such provisions are not the area concerned . adequate for the purposes of that paragraph , the amendments which the Member State concerned Article 9 must make to them shall be decided under the proce­ dure laid down in Article 12 of Regulation ( EEC) No 1067/ 74 . 1 . Sampling pursuant to Article 5 (2) of Regulation (EEC) No 1 192/74 shall be carried out for each lot of dehydrated fodder in accordance with a standard Article 14 Community method . However, until Community provisions are adopted in this matter, Member States Member States shall assist each other in the applica­ shall use a method of their choice . tion of the provisions of this Regulation , particularly as regards the verification of entitlement to aid . 2. A 'lot' means a specific quantity of fodder leaving a drying plant at the same time . Article 15 3 . However, where fodder leaves in quantities of less than 100 metric tons, the fodder leaving during a This Regulation shall enter into force on 1 April 1 975 . period to be fixed by the Member States shall be

28 . 3 . 75 Official Journal of the European Communities No L 79/45

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

Done at Brussels, 26 March 1975 .

For the Commission

P. J. LARDINOIS

Member of the Commission