31979R2936

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( 1 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .

( 2 ) OJ NO L 161 , 29 . 6 . 1979 , P . 11 .

( 3 ) OJ NO L 156 , 14 . 6 . 1978 , P . 39 .

( 4 ) OJ NO L 282 , 7 . 10 . 1978 , P . 11 .

COMMISSION REGULATION ( EEC ) NO 2936/79

OF 20 DECEMBER 1979

CONTINUING THE MEASURES REFERRED TO IN REGULATION ( EEC ) NO 1271/78 ON THE IMPROVEMENT OF THE QUALITY OF MILK WITHIN THE COMMUNITY

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1271/79 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,

WHEREAS MEASURES CARRIED OUT PURSUANT TO COMMISSION REGULATION ( EEC ) NO 1271/78 OF 13 JUNE 1978 CONCERNING MEASURES TO IMPROVE THE QUALITY OF MILK WITHIN THE COMMUNITY ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2341/78 ( 4 ), HAVE PROVED AN EFFECTIVE MEANS OF IMPROVING THE QUALITY OF MILK IN THE COMMUNITY ; WHEREAS THEY SHOULD THEREFORE BE CONTINUED IN THE MEDIUM TERM ;

WHEREAS THE ORGANIZATIONS , INSTITUTIONS , UNDERTAKINGS AND PRODUCER GROUPS POSSESSING THE NECESSARY QUALIFICATIONS AND EXPERIENCE SHOULD THEREFORE BE INVITED AGAIN TO PROPOSE DETAILED PROGRAMMES WHICH THESE ORGANIZATIONS WOULD THEMSELVES CARRY OUT ;

WHEREAS , AS REGARDS THE OTHER ARRANGEMENTS , THE MAJOR PORTION OF THE PROVISIONS OF REGULATION ( EEC ) NO 1271/78 , AMENDED IN THE LIGHT OF RELEVANT EXPERIENCE , MAY BE REPEATED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . MEASURES SHALL BE TAKEN , UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION , TO ENCOURAGE :

( A ) QUALITY CONTROL OF RAW MILK , NAMELY :

- BACTERIOLOGICAL ANALYSIS OF RAW MILK ,

- EVALUATION OF THE RESULTS RECORDED ;

( B ) TESTING IN RELATION TO HEALTH ASPECTS OF RAW MILK ;

( C ) THE TESTING OF MILKING MACHINES ;

( D ) THE COUNSELLING OF INDIVIDUAL MILK PRODUCERS , DIRECTED IN PARTICULAR TOWARDS THE OBTAINING OF MILK ( COWSHED HYGIENE , MILKING ) AND ITS TREATMENT ( COOLING );

( E ) COUNSELLING ON THE COLLECTION ( JOINTLY OPERATED EQUIPMENT , COLLECTION POINTS ) AND TRANSPORT OF RAW MILK ( SPECIFICATIONS , EQUIPMENT AND OPERATION OF MILK TANKERS );

( F ) THE TRAINING OF QUALIFIED PERSONNEL , FOR :

- DISSEMINATING TECHNICAL INFORMATION ,

- QUALITY CONTROL ;

( G ) THE SETTING UP OF COOPERATIVE MILK COLLECTION CENTRES , IF NECESSARY WITH REFRIGERATION FACILITIES .

IN PROPERLY REASONED EXCEPTIONAL CASES , AIDS MAY ALSO BE GRANTED TO SINGLE FARMS .

2 . THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE ELIGIBLE ONLY IF THEY ARE BEGUN AFTER 31 MARCH 1980 ; THEY SHALL BE COMPLETED NOT LATER THAN 31 MARCH 1982 .

ARTICLE 2

1 . MEASURES AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE PROPOSED AND CARRIED OUT BY INSTITUTIONS , ORGANIZATIONS , UNDERTAKINGS OR PRODUCER GROUPS WHICH :

( A ) HAVE THE NECESSARY QUALIFICATIONS AND EXPERIENCE ;

( B ) GIVE GUARANTEES THAT THEY ARE CAPABLE OF ENSURING THE SATISFACTORY COMPLETION OF THE WORK .

PROPOSALS BY INDIVIDUAL FIRMS WILL BE CONSIDERED ONLY WHERE THEY ARE PARTICULARLY JUSTIFIED AND WHERE THEY WOULD NOT PREJUDICE THE OPERATIONS OF REGIONAL ORGANIZATIONS SPECIALIZING IN THE FIELD .

2 . COMMUNITY FINANCING SHALL BE LIMITED TO 90 % OF EXPENDITURE INCURRED BY THE MEASURES CONCERNED .

3 . IN THE CASE OF THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) ( A ) AND ( B ), ACCOUNT SHALL BE TAKEN FOR PURPOSES OF COMMUNITY FINANCING ONLY OF THE FIRST FITTING-OUT OF LABORATORIES WITH :

- EQUIPMENT ( WHICH MAY INCLUDE INCUBATORS ) FOR EXAMINING THE BACTERIOLOGICAL CONTENT OF MILK ,

- EQUIPMENT FOR DETECTING ANTIBIOTICS , CELL CONTENT , INHIBITORY SUBSTANCES AND IMPURITIES IN RAW MILK ,

- EQUIPMENT FOR DETECTING MASTITIS IN RAW MILK .

IN SO FAR AS DATA-PROCESSING FACILITIES ARE COMBINED WITH THE EQUIPMENT CONCERNED , THEY SHALL BE REGARDED AS PART OF THAT EQUIPMENT .

THE TECHNICAL FIRST FITTING-OUT OF ALREADY EXISTING LABORATORIES WITH IMPROVED , MORE ECONOMIC , EQUIPMENT SHALL BE REGARDED AS A MEASURE REFERRED TO IN ARTICLE 1 ( 1 ) ( A ).

SUCH EQUIPMENT SHALL BE FINANCED ONLY WHERE ITS TECHNICAL CAPACITY WILL BE EFFECTIVELY UTILIZED .

4 . IN THE CASE OF PROPOSALS SUBMITTED BY UNDERTAKINGS BUYING MILK OR ORGANIZATIONS REPRESENTING SUCH UNDERTAKINGS , COMMUNITY PARTICIPATION SHALL , MOREOVER , BE SUBJECT TO THE GIVING BY THE APPLICANT OF AN UNDERTAKING TO INTRODUCE , IN HIS AREA OF OPERATION , WITHIN THE PERIOD FIXED IN THE CONTRACT FOR THE COMPLETION OF THE MEASURES ACCEPTED , A SYSTEM WHEREBY PAYMENT FOR MILK IS VARIED ACCORDING TO ITS BACTERIOLOGICAL QUALITY .

ARTICLE 3

1 . THOSE CONCERNED ARE HEREBY INVITED TO SUBMIT NOT LATER THAN 31 MARCH 1980 TO THE COMPETENT AUTHORITY APPOINTED BY THEIR MEMBER STATE , HEREINAFTER CALLED THE ' INTERVENTION AGENCY ' , COMPLETE DETAILED PROPOSALS CONCERNING THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ).

2 . THE INTERVENTION AGENCIES SHALL LAY DOWN FURTHER DETAILED RULES FOR THE SUBMISSION OF PROPOSALS IN A NOTICE WHICH SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

3 . WITHIN 10 WORKING DAYS AFTER THE DATE SPECIFIED IN PARAGRAPH 1 , THE INTERVENTION AGENCY SHALL TRANSMIT TO THE COMMISSION THE PROPOSALS RECEIVED AND ANY SUPPLEMENTARY DOCUMENTS .

THE INTERVENTION AGENCY MAY ADD ITS COMMENTS , IF ANY , TO THE PROPOSALS IN QUESTION .

ARTICLE 4

1 . PROPOSALS SHALL INDICATE :

( A ) THE NAME AND ADDRESS OF THE APPLICANT ;

( B ) ALL DETAILS CONCERNING THE MEASURES PROPOSED , INCLUDING THE TIME REQUIRED FOR COMPLETION , THE EXPECTED RESULTS AND DETAILS OF ANY THIRD PARTIES TO BE INVOLVED ;

( C ) THE TOTAL COST OF THESE MEASURES , EXPRESSED IN THE CURRENCY OF THE MEMBER STATE ON WHOSE TERRITORY THE APPLICANT IS ESTABLISHED , GIVING AN ITEMIZED BREAKDOWN OF THIS AMOUNT AND SETTING OUT THE SOURCES OF FINANCE ;

( D ) THE DESIRED ARRANGEMENTS FOR PAYMENT OF THE COMMUNITY CONTRIBUTION ( ARTICLE 7 ( 1 ) ( A ) OR ( B ));

( E ) THE ANNUAL REPORT CONCERNING THE PREVIOUS FINANCIAL YEAR .

2 . PROPOSALS SHALL BE VALID ONLY WHERE :

( A ) THEY ARE SUBMITTED BY AN APPLICANT FULFILLING THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 1 );

( B ) THEY ARE ACCOMPANIED BY AN UNDERTAKING THAT THE APPLICANT WILL COMPLY WITH THE PROVISIONS OF THIS REGULATION , AND IN PARTICULAR WITH THE OBLIGATIONS UNDER ARTICLE 2 ( 4 ), AND WITH THE LIST OF TERMS AND CONDITIONS REFERRED TO IN ARTICLE 6 .

ARTICLE 5

1 . AFTER EXAMINATION OF THE PROPOSALS BY THE MANAGEMENT COMMITTEE FOR MILK PRODUCTS PURSUANT TO ARTICLE 31 OF REGULATION ( EEC ) NO 804/68 AND TAKING INTO ACCOUNT THE IMPORTANCE OF THE PROPOSED MEASURES FOR MILK PRODUCTION IN THE AREA CONCERNED , THE COMMISSION SHALL CONCLUDE CONTRACTS FOR THE MEASURES REFERRED TO IN ARTICLE 1 ( 1 ) WITH THOSE APPLICANTS WHOSE PROPOSALS HAVE BEEN ACCEPTED .

PRIOR TO THE CONCLUSION OF A CONTRACT , AN APPLICANT MAY BE REQUESTED TO SUPPLY ADDITIONAL INFORMATION AND/OR DETAILS CONCERNING ITS PROPOSAL .

2 . THE INTERVENTION AGENCY SHALL INFORM EACH APPLICANT AS SOON AS POSSIBLE OF THE DECISION TAKEN IN RESPECT OF ITS PROPOSAL .

ARTICLE 6

1 . ON ACCEPTANCE OF A PROPOSAL IN ACCORDANCE WITH ARTICLE 5 , A LIST OF TERMS AND CONDITIONS SHALL BE DRAWN UP BY THE COMMISSION IN AT LEAST THREE COPIES AND SIGNED BY THE PARTY CONCERNED .

2 . THE LIST OF TERMS AND CONDITIONS SHALL FORM AN INTEGRAL PART OF THE CONTRACT REFERRED TO IN ARTICLE 5 ( 1 ) AND SHALL :

( A ) INCLUDE THE DETAILS REFERRED TO IN ARTICLE 4 ( 1 ) OR MAKE REFERENCE TO THEM ;

( B ) SUPPLEMENT THESE DETAILS , WHERE NECESSARY , BY ADDITIONAL PROVISIONS RESULTING FROM THE APPLICATION OF THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ).

3 . THE COMMISSION SHALL SEND A COPY OF THE CONTRACT AND OF THE LIST OF TERMS AND CONDITIONS TO THE INTERVENTION AGENCY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE AGREED CONDITIONS .

ARTICLE 7

1 . THE INTERVENTION AGENCY CONCERNED SHALL PAY TO THE PARTY IN QUESTION , IN ACCORDANCE WITH THE CHOICE INDICATED IN ITS PROPOSAL , EITHER :

( A ) WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF TERMS AND CONDITIONS , A SINGLE PAYMENT ON ACCOUNT AMOUNTING TO 60 % OF THE AGREED COMMUNITY CONTRIBUTION ; OR ,

( B ) AT TWO-MONTHLY INTERVALS , FOUR EQUAL INSTALMENTS EACH AMOUNTING TO 20 % OF THE AGREED COMMUNITY CONTRIBUTION , THE FIRST SUCH INSTALMENT BEING PAID WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF TERMS AND CONDITIONS .

2 . THE PAYMENT OF EACH INSTALMENT SHALL BE CONDITIONAL ON THE LODGING WITH THE INTERVENTION AGENCY OF A SECURITY EQUAL TO THE AMOUNT OF THE INSTALMENT , PLUS 10 % .

3 . THE RELEASE OF SECURITIES AND PAYMENT OF THE BALANCE BY THE INTERVENTION AGENCY SHALL BE SUBJECT TO :

( A ) CONFIRMATION BY THE INTERVENTION AGENCY THAT THE PARTY CONCERNED HAS FULFILLED ITS OBLIGATIONS AS LAID DOWN IN THE LIST OF TERMS AND CONDITIONS ;

( B ) THE TRANSMISSION TO THE COMMISSION AND TO THE INTERVENTION AGENCY OF THE REPORT REFERRED TO IN ARTICLE 8 AND VERIFICATION OF THE DETAILS CONTAINED IN THIS REPORT BY THE INTERVENTION AGENCY ; AND

( C ) PROOF BEING FURNISHED THAT THE PARTY CONCERNED HAS SPENT ITS OWN CONTRIBUTION FOR THE PURPOSE LAID DOWN .

4 . IN SO FAR AS THE CONDITIONS SET OUT IN PARAGRAPH 3 ARE NOT FULFILLED , THE SECURITIES SHALL BE FORFEITED . IN THIS EVENT , THE AMOUNT IN QUESTION SHALL BE DEDUCTED FROM THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND , GUARANTEE SECTION , EXPENDITURE , AND MORE PARTICULARLY FROM THAT ARISING OUT OF THE MEASURES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 .

ARTICLE 8

EACH PARTY RESPONSIBLE FOR A MEASURE AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL SUBMIT TO THE COMMISSION AND TO THE INTERVENTION AGENCY CONCERNED WITHIN THREE MONTHS AFTER COMPLETION OF THE MEASURES IN QUESTION , AND IN ANY CASE BEFORE 1 JULY 1982 , A DETAILED REPORT ON THE UTILIZATION OF THE COMMUNITY FUNDS ALLOCATED AND ON THE RESULTS OF THE MEASURE .

ARTICLE 9

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 20 DECEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT