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Document 32009R0149
Commission Regulation (EC) No 149/2009 of 20 February 2009 amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder
Commission Regulation (EC) No 149/2009 of 20 February 2009 amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder
Commission Regulation (EC) No 149/2009 of 20 February 2009 amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder
SL L 50, 21.2.2009, p. 12–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 01/03/2010
21.2.2009 |
EN |
Official Journal of the European Union |
L 50/12 |
COMMISSION REGULATION (EC) No 149/2009
of 20 February 2009
amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in 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 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43, in conjunction with Article 4 thereof,
Whereas:
(1) |
Article 10(1)(f) of Regulation (EC) No 1234/2007 provides for public intervention of skimmed milk powder. |
(2) |
Commission Regulation (EC) No 214/2001 (2) has laid down the detailed rules concerning the public intervention of skimmed milk powder. |
(3) |
In view of new arrangements and in the light of the experience gained, it is appropriate to amend and, where necessary, simplify the detailed rules governing intervention on the market in skimmed milk powder. |
(4) |
Article 10(1)(f) of Regulation (EC) No 1234/2007 sets a new standard of 34 %, by weight of the fat free dry matter, for protein in skimmed milk powder, therefore the definition of the eligible product should be amended. |
(5) |
Article 13(1)(d) in conjunction with Article 18(2)(e) of Regulation (EC) No 1234/2007 limit public intervention of skimmed milk powder at fixed price to a quantity offered of 109 000 tonnes for the period 1 March to 31 August. |
(6) |
In order to comply with the limit of 109 000 tonnes it is appropriate to provide for a reflexion period during which, before a decision is taken on the offers, special measures can be taken applying in particular to pending offers. Those measures may consist of closure of intervention, application of an allocation percentage and rejection of pending offers. They require swift action and the Commission should be enabled to take all necessary measures without delay. In view of the public holidays in April 2009, derogation should be made as regards the dates for submitting the offers in order to ensure compliance with the limit of 109 000 tonnes to be purchased at fixed price. |
(7) |
The level of the security shall ensure that the offers presented are not withdrawn, therefore a security of EUR 5 per 100 kg shall apply to all the tenders in the framework of this Regulation. |
(8) |
Private storage of skimmed milk powder has been abolished by Council Regulation (EC) No 1152/2007 (3), the references to this scheme should be deleted. |
(9) |
Small residual quantities, left in storehouses, should be avoided and quantities up to 5 000 kg should be offered to awarded tenderers. |
(10) |
Regulation (EC) No 214/2001 should be amended accordingly. |
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of the Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 214/2001 is amended as follows:
1. |
Article 1 is replaced by the following: ‘Article 1 This Regulation lays down the detailed rules for intervention on the market in skimmed milk powder as provided for in Article 10(1)(f) of Council Regulation (EC) No 1234/2007 (*1), as regards:
|
2. |
Article 2 is amended as follows:
|
3. |
in Article 4(1), the second subparagraph is replaced by the following: ‘The certificate shall contain the information referred to in points (a), (b) and (c) of Article 2(6) and a confirmation that the skimmed milk powder has been produced from skimmed milk in an approved undertaking in the Community and protein adjustment, if applicable, occurred in liquid phase, as laid down in Article 10(1)(f) of Regulation (EC) No 1234/2007.’ |
4. |
the title of Section 2 is amended as follows: ‘Section 2 Procedure for buying-in at fixed price’ |
5. |
Article 5 is amended as follows:
|
6. |
Article 6 is replaced by the following: ‘Article 6 Maintenance of the offer, delivery of the skimmed milk powder to the warehouse designated by the intervention agency within the time limit laid down in Article 7(2) of this Regulation and compliance with the requirements of Article 2 of this Regulation shall constitute primary requirements within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (*3). |
7. |
Article 7 is amended by the following:
|
8. |
in Article 8, paragraph 2 is deleted; |
9. |
the following Article 9a is added in Section 2: ‘Article 9a 1. Not later than 14.00 (Brussels time) each Monday, the Member States shall inform the Commission of the quantities of skimmed milk powder which, during the preceding week, have been the subject of an offer to sell in accordance with Article 5. 2. Once it is observed that the offers referred to in Article 5, in a certain year, approach 80 000 tonnes, the Commission shall inform the Member States as of which date they shall communicate the information referred to in paragraph 1 each working day before 14.00 (Brussels time) for the quantities of skimmed milk powder offered the preceding working day. 3. In order to comply with the limit referred to in Article 13(1)(d) of Regulation (EC) No 1234/2007 the Commission shall decide, without assistance of the Committee referred to in Article 195(1) of the same Regulation:
By way of derogation from Article 5(5) of this Regulation, a seller which is subject to a reduced acceptance of his offer as referred in point (b) of this paragraph may decide to withdraw his offer within five working days from the publication of the regulation fixing the reduction percentage.’; |
10. |
Article 11 is replaced by the following: ‘Article 11 1. The intervention agency shall choose the nearest available warehouse to the place where the skimmed milk powder is stored. However, the intervention agency may choose another warehouse situated within a maximum distance of 350 km provided that the choice of that warehouse does not result in additional storage costs. The intervention agency may choose a warehouse situated beyond that distance if the resulting expenditure, including storage and transport costs, is lower. In that case the intervention agency shall notify the Commission of its choice forthwith. 2. Where the intervention agency buying-in the skimmed milk powder is in a Member State other than the one in whose territory the offered skimmed milk powder is stored, no account shall be taken, in calculating the maximum distance referred to in paragraph 1 of the distance between the store of the vendor and the border of the Member State of the purchasing intervention agency. 3. Beyond the maximum distance referred to in paragraph 1, the additional transport costs borne by the intervention agency shall be EUR 0,05 per tonne and per kilometre.’; |
11. |
Article 13 is replaced by the following: ‘Article 13 Where the Commission decides that skimmed milk powder is to be bought in through an open standing invitation to tender pursuant to Article 13(3) of Regulation (EC) No 1234/2007 in conjunction with 18(2)(e) of the said Regulation and in accordance with the procedure referred to in Article 195(2) thereof, Articles 2, 3, 4, 10, 11 and 12 of this Regulation shall apply unless otherwise provided in this Section.’ |
12. |
Article 14(2) is replaced by the following: ‘2. The time limit for the submission of tenders in response to the individual invitations to tender shall be 11.00 (Brussels time) on the third Tuesday of the month except for the fourth Tuesday of August. If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.’ |
13. |
in Article 15, paragraph 3 is amended as follows:
|
14. |
Article 16 is replaced by the following: ‘Article 16 Maintenance of the offer, delivery of the skimmed milk powder to the warehouse designated by the intervention agency within the time limit laid down in Article 19(3) of this Regulation and compliance with the requirements of Article 2 thereof shall constitute primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85.’; |
15. |
in Article 17, paragraph 2 is replaced by the following: ‘2. In the light of the tenders received for each invitation to tender, the Commission shall fix a maximum buying-in price in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.’ |
16. |
Article 19 is amended as follows:
|
17. |
Article 20 is amended as follows:
|
18. |
in Article 22, paragraph 2 is replaced by the following: ‘2. The time limit for the submission of tenders in response to the individual invitations to tender shall be 11.00 (Brussels time) on the third Tuesday of the month. However, in August it shall be 11.00 (Brussels time) on the fourth Tuesday and in December it shall be 11.00 (Brussels time) on the second Tuesday. If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.’ |
19. |
Article 24c is amended as follows:
|
20. |
in Article 24e, the following paragraph is added: ‘3. Except in cases of force majeure, if the successful tenderer has not complied with the requirement provided for in paragraph 2 of this Article the tendering security referred to in Article 23(3)(c) shall be forfeited and the sale of the quantities involved shall be cancelled.’ |
21. |
Chapter III is deleted; |
22. |
Chapter IV is deleted; |
23. |
Annex I is replaced by the text set out in the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 March 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 February 2009.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 299, 16.11.2007, p. 1.
ANNEX
‘ANNEX I
COMPOSITIONAL REQUIREMENTS, QUALITY CHARACTERISTICS AND ANALYTICAL METHODS
Parameters |
Content and quality characteristics |
Reference method |
Protein content |
Minimum 34,0 % of the non-fat dry matter |
|
Fat content |
Maximum 1,00 % |
|
Water content |
Maximum 3,5 % |
|
Titratable acidity in ml of decinormal sodium hydroxide solution |
Maximum 19,5 ml |
|
Lactate content |
Maximum 150 mg/100 g |
|
Additives |
None |
|
Phosphatase test |
Negative, i.e., not more than 350 mU of phosphatasic activity per litre of reconstituted milk |
|
Solubility index |
Maximum 0,5 ml (24 °C) |
|
Burnt-particles index |
Maximum 15,0 mg, i.e. disc B minimum |
|
Micro-organism content |
Maximum 40 000 per gram |
|
Detection of coliforms |
Negative in 0,1 g |
|
Detection of buttermilk (2) |
Negative (3) |
|
Detection of rennet whey (4) |
None |
|
Detection of acid whey (4) |
None |
Method approved by the competent authority |
Taste and smell |
Clean |
|
Appearance |
White or slightly yellowish colour, free from impurities and coloured particles |
|
Antimicrobial substances |
Negative (5) |
(1) The reference methods to be applied shall be those laid down in Commission Regulation (EC) No 273/2008 (OJ L 88, 29.3.2008, p. 1).
(2) “Buttermilk” means the by-product of butter manufacture obtained after churning of the cream and separation of the solid fat.
(3) The absence of buttermilk can be established either by an on-the-spot inspection of the production plan carried out without prior notice at least once a week, or by a laboratory analysis of the end product indicating a maximum of 69,31 mg of FEDP per 100 g.
(4) “Whey” means the by-product of cheese or casein manufacture obtained by the action of acids, rennet and/or chemico-physical processes.
(5) Raw milk used for the manufacture of skimmed milk powder must meet the requirements specified in Section IX of Annex III to Regulation (EC) No 853/2004.’