31975R1885

No L 191 / 26 24 . 7 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 1885 /75 OF THE COMMISSION of 23 July 1975 amending Regulation ( EEC) No 832/75 laying down detailed rules for the applica­ tion of the system of aid for dehydrated fodder

THE COMMISSION OF THE EUROPEAN No 1067/74 shall be reduced by the effect on the COMMUNITIES , dehydrated product of the amount granted as national aid ; whereas the proper functioning of the Commu­ nity aid system requires that such national measures Having regard to the Treaty establishing the European be communicated in good time to the Commission ; Economic Community ;

Whereas the measures provided for in this Regulation Having regard to Council Regulation (EEC) No are in accordance with the Opinion of the Manage­ 1067/74 (') of 30 April 1974 on the common organiza­ ment Committee for Dried Fodder, tion of the market in dehydrated fodder, as amended by Regulation ( EEC) No 1 420 /75 ( 2), and in particular Articles 3 ( 5) and 4 ( 5) thereof ; HAS ADOPTED THIS REGULATION : Whereas Regulation ( EEC) No 1420 /75 has extended the field of application of Regulation (EEC) No Article 1 1067/ 74 to dehydrated products obtained from pota­ toes ; whereas , in order to ensure that an effective check is kept upon entitlement to aid, it is necessary Commission Regulation ( EEC) No 832/75 (5) of 26 to specify when such products are to be regarded as March 1975 is hereby amended with effect from 1 leaving the drying plant in the event of their being July 1975 in accordance with the following Articles. mixed with other dehydrated fodder ;

A rticle . 2 Whereas some potatoes are not sold directly be the producers to the drying plants before their dehydra­ 1 . The following provision is added to Article 2 (2). tion ; whereas , on the other hand, in order to ensure that the producers may benefit from the aid system , 'c) in the case of products as specified in Article 1 Article 3 of Regulation (EEC) No 1067/74 lays down (a) of Regulation ( EEC) No 1067/74, it has that in certain cases the aid shall be granted only to been mixed within that plant with products as drying plants which have concluded contracts with specified in Article 1 (b) of that Regulation .' producers of fodder for dehydration ; whereas, in order to avoid excluding from the scope of the aid dehy­ 2 . New paragraphs 4 and 5 as follows are added to drated products obtained from the potatoes referred to Article 2 : above, it should be provided that contracts may be concluded by producers with persons authorized in '4 . The determination of the weight of the dehy­ that behalf by the drying plants ; drated fodder and the drawing of samples shall be carried out as near as possible to the time at which it leaves the plant . Whereas , in order to ensure that the system of aid shall be applied only to products eligible therefor, the expression 'unfit for human consumption ' as used in 5 . The products specified in Article 1 (a) of Article I ( a ) of Regulation ( EEC) No 1067/ 74 should Regulation ( EEC) No 1067/74 shall be regarded as be defined ; "unfit for human consumption " when they are obtained from potatoes with their peels.'

Whereas Article 6a of Council Regulation ( EEC) No 11 92/ 74 (-') of 13 May 1974 on aid for dehydrated A t t idc 3 fodder, as last amended by Regulation ( EEC ) No 1 42 1 / 75 ( 4 ), lays down that where a Member State Article 3 is amended to read as follows : grants a national aid for fresh potatoes the amount of the aid referred to in Article 3 of Regulation ( EEC) ' 1 . The maximum moisture content as referred to in subparagraph (a) of Article 1 of Regulation (') Ol No L 120 , 1 . 5 . 1974, p. 2 . ( EEC ) No 1 192/ 74 shall be : (-) 0"[ No L 141 , 3 . 6. 1 975, p. 1 . O O'l No L 131 , 14 . 5 . 1974, p. 1 . ( f ) O'l No 1 . 141 , 3 . 6 . 1975 , p. 3 . (') OJ No 1. 79 , 28 . 3 . 1975 . p. 42 .

24 . 7 . 75 Official Journal of the European Communities No L 191 /27

— 1 2 % for products as specified in Article 1 (b) — of less than 100 metric tons in the case of of Regulation (EEC) No 1067/74 which have products as specified in Article 1 (b) of the said undergone a milling process, Regulation, — 14 % for other dehydrated fodder. the fodder leaving during a period to be fixed by the Member States shall be regarded as a single lot 2. The minimum crude protein content as in so far as the overall quantity of such fodder referred to in the second subparagraph of Article 1 does not exeed as the case may be 500 or 100 (b) of the aforementioned Regulation shall be metric tons . i4% :

Each sample must be representative of the quanti­ ties concerned .' Article 4

The following subparagraph is added to Article 4 ( 1 ): Article 9 'Separate stock accounts shall be kept in respect of each of the products of subheadings ex 07.04 B, ex Article 10 is amended to read as follows : 11.05 and ex 12 . 10 B of the Common Customs Tariff set out in Article 1 of Regulation (EEC) No ''Article 10 1067/74.' 1 . Aid shall be granted to drying plants in respect of the dehydrated fodder leaving them in Article 5 the course of the marketing year, on applications to be submitted : Article 5 ( 1 ) (e) is amended to read as follows : — not later than 31 August following the end of '(e) in the case of drying plants using, on farms the marketing year in the case of products which belong to them, fodder dried by them : specified in Article 1 (a) of Regulation (EEC) — details of the number of livestock on such No 1067/74, farms on 1 April of each year, — not later than 31 May following the end of the — details of any change in such livestock marketing year in the case of products as speci­ numbers in the course of the following 12 fied in Article 1 (b) of the said Regulation . months .' 2. Member States may prescribe a minimum quantity per application .' Article 6

A new paragraph as follows is added to Article 7 : Article 10 ' In the case of potatoes, contracts concluded with producers by natural or legal persons other than There is added an Article 13a as follows : drying plants shall be regarded as equivalent to contracts as aforesaid , provided that such persons ' Article 13a • are authorized by a drying plant to conclude such contracts on its behalf.' In cases where a Member State grants for fresh potatoes a national aid as referred to in Article 6a of Regulation (EEC) No 1192/74, the Member Article 7 State concerned shall so inform the Commission in good time before applying such aid . The The following is added to Article 8 ( 2) : amount whereby the aid referred to in Article 3 of Regulation ( EEC) No 1067/ 74 is to be reduced, ' f ) where the contract is concluded by a person and also other detailed rules for the application of acting on behalf of a drying plant, the name Article 6a of Regulation ( EEC) No 1192/74, shall and address of the drying plant concerned .' be adopted in accordance with the procedure laid down in Article 12 of the said Regulation (EEC) No 1067 / 74.' Article 8

Article 9 ( 3) is amended to read as follows : Article 11 ' 3 . However, where fodder leaves in quantities : — of less than 500 metric tons in the case of This Regulation shall enter into force on the day of its products as specified in Article 1 (a) of Regula­ publication in the Officii / 1 Journal of the European tion ( EEC) No 1067/ 74, Communities.

No L 191 / 28 24 . 7 . 75 Official Journal of the European Communities

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

Done at Brussels, 23 July 1975.

For the Commission

P.J. LARDINOIS Member of the Commission