Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder

DOUEEN, December 31, 1999 › Serie L

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EN Official Journal of the European Communities31. 12. 1999 L 340/3

COMMISSION REGULATION (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17

May 1999 on the common organisation of the market in milk and milk products (1), and in particular Articles 10 and 15 thereof,

Whereas:

(1) Regulation (EC) No 1255/1999 replaces Council Regulation (EEC) No 804/68 (2), as last amended by Regulation (EC) No 1587/96 (3), and, among others, Council Regulation (EEC) No 986/68 of 15 July 1968 laying down general rules for granting aid for skimmed milk and skimmed-milk powder for use as feed (4 ), as last amended by Commission Regulation (EC) No 1802/ 95 (5). To take account of the new arrangements and of past experience, Commission Regulation (EEC) No 1725/ 79 of 26 July 1979 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves (6 ), as last amended by Regulation (EC) No 83/ 96 (7), should be amended and, where necessary, simplified. At the same time as amending that Regulation, in the interests of clarity, it should also be recast to incorporate Commission Regulations (EEC) No 3398/91 of 20 November 1991 on the sale by invitation to tender of skimmed-milk powder for the manufacture of compound feedingstuffs and amending Regulation (EEC) No 569/88 (8 ), as last amended by Regulation (EC) No 124/1999 (9), and (EEC) No 1634/85 of 17 June 1985 fixing the amount of the aid for skimmed milk and skimmed-milk powder for use as feed (10), as last amended by Regulation (EEC) No 1802/95;

(2) the goal of the aid measure provided for in Article 11 of Regulation (EC) No 1255/1999 is to enable the best return to be obtained from milk proteins. It is therefore appropriate to link payment of the aid to the milkprotein content of the skimmed milk or skimmed-milk powder used;

(3) it is necessary to ensure that the skimmed milk and skimmed-milk powder for which aid is granted are in fact used as feed. To that end, aid should be granted only for skimmed milk and skimmed-milk powder processed into compound feedingstuffs or denatured in accordance with certain requirements. It is also necessary to prevent aid being paid more than once for the same product;

(4) Commission Regulation (EC) No 1043/97 (11) derogates from some of the monitoring provisions in Regulation (EEC) No 1725/79. The checks provided for in this Regulation should take that derogation into account and Regulation (EC) No 1043/97 should be repealed;

(5) aid should be granted only if the compound feedingstuffs meet certain minimum standards as regards composition customarily observed in the industry and if they have reached the final stage of industrial manufacture. For inspection purposes, the products should be packaged in a way that enables them to be identified.

Member States should be allowed to specify how the above requirements are to be satisfied;

(6) special packing is not necessary for compound feedingstuffs which have had lucerne meal added to them.

Furthermore, such a requirement would not be appropriate in cases of transportation by tanker or container as practised by certain users. That method of transport should therefore be subject to special inspection arrangements and aid should be paid only after inspection...

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