31977R1089

No L 131 /34 Official Journal of the European Communities 26 . 5 . 77

COMMISSION REGULATION ( EEC) No 1089/ 77 of 25 May 1977 on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves

THE COMMISSION OF THE EUROPEAN milk for use as feed (5), as last amended by Regulation COMMUNITIES, ( EEC) No 541 /76 (6), should be adapted ; whereas, to ensure that the skimmed milk is used for the purpose intended, provision should be made for its denaturing Having regard to the Treaty establishing the European or for an equivalent administrative control in addition Economic Community, to the treatment prescribed in Article 2 (2) of Regula­ tion (EEC) No 986/68 ; whereas special rules should be made for skimmed milk supplied to mixed farms Having regard to Council Regulation (EEC) No where calves are also kept ; whereas, moreover, under 804/68 of 27 June 1968 on the common organization Article 10 of Regulation ( EEC) No 1105/68 , Member of the market in milk and milk products (•), as last States shall take the supervisory measures necessary to amended by Regulation (EEC) No 559/76 (2 ), and in ensure that the conditions governing the granting of particular Articles 10 (3) and 28 thereof, the special aid are fulfilled ; whereas any breach should be punished by penal or administrative Whereas Article 2a (4) of Council Regulation ( EEC) measures laid down by the Member States ; whereas it No 986/68 of 15 July 1968 laying down general rules is desirable that these consequences should be for granting ^id for skimmed milk and skimmed-milk mentioned in the contracts ; powder for use as feed (3), as last amended by Regula­ tion ( EEC) No 876/77 (4), provides that, in order to encourage the use of skimmed milk, a special aid may Whereas the special aid may also be granted for be granted for the products listed in Article 2 ( 1 ) (a) skimmed milk used to feed animals other than young and (b) of that Regulation if used as feed for animals calves on the farm where it has been manufactured ; other than young calves ; whereas, because of the whereas special provision should be made for this present situation on the market in skimmed-milk type of case to ensure that this use of skimmed milk powder, the abovementioned provisions should be is complied with ; applied and the relevant detailed rules of application laid down ; Whereas, since Council Regulation (EEC) No 1807/76 of 20 July 1976 on the granting of special aid for Whereas, in the case of skimmed milk supplied by liquid skimmed milk for use as feedingstuffs for dairies to farmers, the granting of the special aid should be subject to the conclusion of a contract certain animals in regions affected by drought ( 7), as between the dairy and the farmer which meets certain amended by Regulation ( EEC) No 877/77 (8), applies only until 31 May 1977, Commission Regulation conditions ; whereas such supplies should be subject to a maximum price ; ( EEC) No 2067/ 76 of 20 August 1976 on detailed rules for the granting of special aid for skimmed milk for use as feed in regions particularly affected by Whereas, to ensure the effectiveness of this measure , drought (9), should be repealed ; farmers should be given some assurance as to the stability of the level of the special aid and the said maximum price by providing for them to be adjusted Whereas, as regards the information concerning aids in the event of a change in the intervention price for for skimmed milk to be communicated by the skimmed-milk powder or in the prices of competing Member States , Commission Regulation ( EEC) No proteins ; 210/69 of 31 January 1969 on communications between Member States and the Commission with regard to milk and milk products ( 10), as last amended Whereas, in order to ascertain the quantities of by Regulation ( EEC) No 706/77 ("), should be skimmed milk supplied by a dairy under this Regula­ amended accordingly ; tion , the monthly record prescribed by Article 5 of Commission Regulation ( EEC) No 1 105/68 of 15 July ( s ) O I No L 1X4, 29 . 7 . 1968 , p . 24. 1968 on detailed rules for granting aid for skimmed (») O"! No L 64. 1 2. 3 . 1 976, p. 11 . ( 7) O'l No L 202, 28 . 7. 1976, p. 1 . (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (s) O'} No L 106, 29 . 4. 1977, p. 26. (-') OJ No L 67, 15 . 3 . 1976, p . 9 . O O'l No L 230, 21 . 8 . 1976, p . 9 . (■') OJ No L 169 , 18 . 7 . 1968 , p . 4 . ( 10) Ó | No L 28 . 5. 2. 1969, p. 1 . H OJ No L 106, 29 . 4 . 1977 , p . 24 . ") Ol No I. 86 . 2 . 4 . 1977 , p . 13 .

26 . 5 . 77 Official Journal of the European Communities No L 131 / 35

whereas th£ Management Committee for Milk and or Milk Products has not delivered an opinion within the time limit set by its chairman, — subject to an administrative control giving guarantees equivalent to the abovementioned denaturing ; HAS ADOPTED THIS REGULATION : (d) if the dairy complied with a maximum ex-dairy Article 1 selling price for the skimmed milk supplied under such a contract of 1 . Special aid shall be granted for skimmed milk referred to in Article 2 ( 1 ) (a) and (b) of Regulation — 2 units of account per 100 kilograms for (EEC) No 986/68 , if it is used as feed for animals skimmed milk supplied to specialized farms other than young calves . and in the case of mixed farms, for skimmed milk other than that for use as feed for young 2 . The amount of the special aid shall be 5-5 units calves, of account per 100 kilograms of skimmed milk . — 3-5 units of account per 100 kilograms for Article 2 skimmed milk supplied to mixed farms for use as feed for young calves under the provisions 1 . For the purposes of this Regulation : referred to under (b). (a) 'specialized farm ' means a farm keeping pigs 2. The record of milk sold by the dairy provided and/or any other animals except young calves ; for in Article 5 (2) (e) of Regulation (EEC) No 1 105/68 (b) 'mixed farm ' means a farm keeping both young shall show separately the quantities sold under this calves and other animals ; Regulation and shall specify the quantities corres­ ponding to each level of aid . (c) 'young calves' means calves not more than five months old .

2. The rules contained in Regulation ( EEC) No Article 4 1105/68 shall apply to the granting of the special aid, without prejudice to the special provisions contained 1 . The supply contract shall be concluded only herein . with a farmer managing a farm within the meaning of Article 2 ( 1 ) (a) or (b). Article 3 The contract shall be concluded for a minimum of 1 . The following special provisions shall apply to three months and for a period which does not go the special aid for skimmed milk referred to in Article beyond 31 December 1980 . At the choice of the 2 ( 1 ) (a) of Regulation ( EEC) No 986/68 : Member State concerned , it may only start to be The special aid shall only be granted to a dairy carried out on the first day of a month or on the first Monday of a month . (a) if it has entered into a supply contract with a farmer which meets the conditions referred to in 2 . The contract shall contain : Article 4 ; (b) in respect of the skimmed milk supplied under (a) the selling price or prices of the skimmed milk such a contract, after deducting the quantity agreed within the maximum price limits laid referred to in the second indent of Article 4 ( 2) (b) down in Article 3 ( 1 ) (d) and without prejudice to or in Article 4 (4) (b) ; any adjustments under Article 6 (2) ; (c) if all the skimmed milk supplied under such a contract is, at the choice of the Member State (b) an undertaking by the farmer : concerned , — to use skimmed milk supplied under the — denatured by acidification and , depending contract exclusively as animal feed on his farm , upon the method of analysis used , the — in the case of mixed farms , to take delivery minimum degree of acidity is : during the duration of the contract of a Soxhlet Henkel : -20 SH , minimum quantity of skimmed milk for Dornic : 45 Domic , young calves which does not qualify for special Kruisher : 50° N , aid ; this minimum quantity shall be calculated British Standard 1741 : 0-45 % ' lactic acid , on the basis of a daily consumption of 8 kilo­ — or denatured by the addition of 1 gram of E grams per head and a number equal to the 122 (Azorubin ) per 1 000 kilograms of maximum number referred to in the first skimmed milk , indent of paragraph 3 ( c ).

No L 131 /36 Official Journal of the European Communities 26 . 5 . 77

— to forward to the dairy, before the 10th day of farmer undertakes not to keep the calves each month : referred to under (a) on his farm for more than 25 days after their birth , if they are made ; or — a statement of the size of his herd on the last day of the previous month , showing — 30 % of of the milk delivered by the farm to where necessary calves not more than five the dairy during the said period of validity, if months old separately from other animals, he does not give such an undertaking. — an estimate of his herd for the current month ; 5. The contract shall be drawn up in at least three copies, one of which shall, within 10 days of its (c) the penal or administrative consequences fixed by conclusion , be deposited by the dairy with the compe­ the Member State concerned to which the dairy tent authority in the Member State concerned for regis­ and the farmer are liable in the case of a breach of tration . this Regulation . The statements referred to in the third indent of para­ 3 . The contract shall also contain : graph 2 (b) shall be kept by the dairy for at least two years . (a) an estimate of the quantity to be supplied by the dairy, either per week or per month or during the first three months of the carrying out of the Article 5 contract, including where appropriate the quantity referred to in the second indent of paragraph 2 1 . With regard to the special aid for skimmed milk (b); referred to in Article 2 ( 1 ) (b) of Regulation ( EEC) No (b) in the case of specialized farms, an estimate of the 986/ 68 , minimum number of animals concerned during the first three months of the carrying out of the (a) the farmers concerned shall forward to the compe­ contract ; tent body in their Member State :

(c) in the case of mixed farms, — an application in which is given the informa­ tion referred to in Article 4 (3) (b) or (c), — the maximum number of young calves which — an undertaking immediately to notify any the farmer undertakes not to exceed during the change in this information which might first three months of the carrying out of the contract, involve a change in the rate of aid ;

— an estimate of the average number of each (b) the undertakings referred to in Article 4 (2) (b) species of animal consuming skimmed milk shall apply by analogy, without prejudice to the that will be kept during the first three months provisions of Regulation (EEC) No 1105/68 . of the carrying out of the contract. 2. However, for the dairies referred to in Article 5a If the contract was concluded for a period exceeding of Regulation (EEC) No 1105/68 , Member States may three months, the farmer, at least 15 days before the dispense with the undertakings referred to in Article 4 end of each quarter, shall make to the dairy a declara­ (2) (b) if, without prejudice to the said Article 5a, the tion which shall become an integral part of the dairies undertake, contract indicating the figures, referred to under (a), (b) and (c) valid for the following quarter or, as the (a) to keep only a pig herd and case may be, for the remainder of the period if shorter. (b) to use the skimmed milk of their own production as feed exclusively for this herd .

4. Member States may decide not to apply the provi­ sions referred to in the second and third indents of Article 6 paragraph 2 (b) and in paragraph 3 for mixed farms where the farmer undertakes in the contract : 1 . The amount of the aid referred to in Article 1 (2) (a) not to keep calves other than those from his own and the level of the maximum prices referred to in dairy cows ; and Article 3 ( 1 ) (d) shall remain unchanged at least until 30 September 1977. With effect from this date, taking (b) during the validity of the contract, to take delivery particular account of the price developments for of a quantity of skimmed milk not benefiting competing proteins and of any changes to the inter­ from the special aid, equal to vention price of skimmed-milk powder, they shall be — 15 % of the milk delivered by the farm to the reviewed every three months and, if necessary, dairy during the said period of validity, if the amended .

26 . 5. 77 Official Journal of the European Communities No L 131 / 37

2. In the case of an amendment under paragraph 1 , Article 8 the contracts between the dairies and the farmers shall be adapted accordingly with effect from the date of Regulation (EEC) No 2067/76 is hereby repealed with application of the said amendment. effect from 1 June 1977.

Article7¶

In Article 4 ( 1 ) of Regulation (EEC) No 210/69 there This Regulation shall enter into force on the third day shall be added under A. I. (a) 1 . the words : 'indicating following its publication in the Official Journal of separately the quantities of skimmed milk benefiting the European Communities. from the special aid provided for in Regulation (EEC) No 1089/77'. It shall apply with effect from 1 June 1977 .

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

Done at Brussels, 25 May 1977. For the Commission Finn GUNDELACH Vice-President