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

• Published date: 31 December 1999
• Official Gazette Publication: Official Journal of the European Communities, L 340, 31 December 1999

1999R2799 — EN — 01.01.2007 — 014.003

---

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B 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 (OJ L 340, 31.12.1999, p.3)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION REGULATION (EC) No 2348/2000 of 23 October 2000	L 271	35	24.10.2000
►M2	COMMISSION REGULATION (EC) No 213/2001 of 9 January 2001	L 37	1	7.2.2001
►M3	COMMISSION REGULATION (EC) No 778/2002 of 7 May 2002	L 123	30	9.5.2002
M4	COMMISSION REGULATION (EC) No 1932/2002 of 29 October 2002	L 295	8	30.10.2002
M5	COMMISSION REGULATION (EC) No 2238/2002 of 16 December 2002	L 341	11	17.12.2002
M6	COMMISSION REGULATION (EC) No 2132/2003 of 4 December 2003	L 320	4	5.12.2003
M7	COMMISSION REGULATION (EC) No 922/2004 of 29 April 2004	L 163	96	30.4.2004
M8	COMMISSION REGULATION (EC) No 1079/2004 of 7 June 2004	L 203	13	8.6.2004
M9	COMMISSION REGULATION (EC) No 810/2004 of 29 April 2004	L 149	127	30.4.2004
M10	COMMISSION REGULATION (EC) No 1251/2004 of 7 July 2004	L 237	14	8.7.2004
M11	COMMISSION REGULATION (EC) No 1338/2004 of 22 July 2004	L 249	3	23.7.2004
M12	COMMISSION REGULATION (EC) No 1674/2004 of 24 September 2004	L 300	11	25.9.2004
M13	COMMISSION REGULATION (EC) No 1839/2004 of 22 October 2004	L 322	4	23.10.2004
M14	COMMISSION REGULATION (EC) No 1992/2004 of 19 November 2004	L 344	11	20.11.2004
►M15	COMMISSION REGULATION (EC) No 2250/2004 of 27 December 2004	L 381	25	28.12.2004
M16	COMMISSION REGULATION (EC) No 1009/2005 of 30 June 2005	L 170	31	1.7.2005
►M17	COMMISSION REGULATION (EC) No 1194/2005 of 25 July 2005	L 194	7	26.7.2005
M18	COMMISSION REGULATION (EC) No 606/2006 of 19 April 2006	L 107	23	20.4.2006
M19	COMMISSION REGULATION (EC) No 1018/2006 of 4 July 2006	L 183	12	5.7.2006
►M20	COMMISSION REGULATION (EC) No 1558/2006 of 18 October 2006	L 288	21	19.10.2006
►M21	COMMISSION REGULATION (EC) No 1919/2006 of 11 December 2006	L 380	1	28.12.2006

Corrected by:

C1 Corrigendum, OJ L 215, 16.6.2004, p. 104 (810/2004)

---

▼B

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 milk-protein 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;

(7) the final use of cut-price skimmed milk and skimmed-milk powder can be monitored only if the undertakings benefiting from aid offer adequate guarantees. Processing undertakings should be approved by the competent agency of the Member State concerned and have an accounting system adapted to the requirements of the aid arrangements;

(8) as regards the reference methods applicable to the analyses provided for in this aid scheme, reference should be made to the list published each year under Commission Regulation (EC) No 2721/95 of 24 November 1995 establishing rules for the application of reference and routine methods for the analysis and quality evaluation of milk and milk products under the common market organisation (12). However, since no reference methods have been laid down for determining the quantity of skimmed-milk powder in compound feedingstuffs, the presence of rennet whey powder in skimmed-milk powder or the quality of starch in skimmed-milk powder, the appropriate methods should be laid down in this Regulation;

(9) a standing invitation to tender should be organised for the sale of skimmed-milk powder from public stocks, in order to ensure equality of access for all potential purchasers, to arrive at a selling price reflecting market conditions and to verify the actual end use of skimmed-milk powder intended for use in the manufacture of compound feedingstuffs. The prices offered can differ considerably according, in particular, to the age of the powder offered for sale and its location. It should therefore be possible to fix differentiated minimum prices;

(10) this Regulation should set the time limit for entry into storage for the purposes of sale. Commission Regulation (EEC) No 3536/91 of 2 December 1991 setting the latest time of entry into storage for skimmed-milk powder sold under Regulation (EEC) No 3398/91 (13), as last amended by Regulation (EC) No 2508/1999 (14), should therefore be repealed;

(11) the arrangements laid down in Commission Regulation (EEC) No 1105/68 of 27 July 1968 on detailed rules for granting aid for skimmed milk for use as feed (15), as last amended by Regulation (EEC) No 1802/95, have proved difficult to implement and checks on beneficiaries are problematic. Moreover, the quantities of skimmed milk benefiting from this measure have fallen sharply in recent years, so that the scheme now has only a marginal impact on the balance on the market in milk products. In addition, the market in skimmed milk will continue to be supported by the aid granted when skimmed milk is incorporated into compound feedingstuffs. The aid measure provided for in Regulation (EEC) No 1105/68 should therefore be abolished and the said Regulation repealed;

(12) the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

This Regulation lays down detailed rules for applying Regulation (EC) No 1255/1999 as regards:

(a)the grant of aid for skimmed milk, skimmed-milk powder, buttermilk and buttermilk powder intended for use as animal feed under Article 11 of that Regulation;

(b)the sale of skimmed-milk powder intended for use as animal feed under Article 7(4) of that Regulation.

Article 2

For the purposes of this Regulation:

(a)‘Milk’ means the product obtained from milking one or more cows, to which nothing has been added and which has at most been only partially skimmed;

(b)‘Skimmed milk’ means...