THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products(1), as last amended by Regulation (EEC) No 3879/89(2), and in particular Articles 11 (3) and 28 thereof,
Whereas Council Regulation (EEC) No 987/68(3), as last amended by Regulation (EEC) No 1435/90(4), lays down general rules on aid for the processing of skimmed milk into casein and caseinates; whereas detailed provisions for the application of these rules were adopted in Commission Regulation (EEC) No 756/70(5), as last amended by Regulation (EEC) No 2832/90(6);
Whereas Regulation (EEC) No 756/70 contains a number of provisions on final use verification of casein and caseinates in connection with the application of Article 2 (4) of Regulation (EEC) No 987/68; whereas pursuant to Article 6 of Council Regulation (EEC) No 2204/90(7) the latter provision will no longer be applicable from 15 October 1990; whereas the relevant provisions of Regulation (EEC) No 756/70 should therefore be repealed with effect from that date;
Whereas experience indicates that provisions on surveillance, in particular with regard to the frequency and type of inspection to be carried out on the spot and on the penalties for non-compliance with the conditions laid down for the granting of aid, should be specified; whereas in view of the abovementioned changes to be made in the aid arrangements the detailed rules of application should be regrouped in a new Regulation and Regulation (EEC) No 756/70 repealed;
Whereas 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:
Aid shall be granted to producers of casein and caseinates only if these products
have been produced from skimmed milk of Community origin or raw casein extracted from milk of Community origin,
meet the composition requirements of Annex I, II or III,
are packaged as stipulated in Article 3.
Aid shall be paid on the basis of a written application submitted by the casein or caseinate producer to the competent authority in the Member State where the caseins or caseinates were produced, stating:
the producer's name and address,
the quantity of casein or caseinates covered by the application and its quality,
the relevant production batch numbers.
For the purposes of this Regulation a production batch must consist of products of identical quality made on the same day. However, where the total production of casein and caseinates of the establishment concerned during the previous calendar year did not exceed 1 000 tonnes, the production batch may consist of products made during the same calendar week.
For the purposes of this Regulation:
‘skimmed milk’ means the milk of one or more cows or goats to which nothing has been added and which has been only partially skimmed so as to reduce its fat content to no more than 0,10 %;
‘raw casein’ means products, insoluble in water, obtained from skimmed milk by precipitation through microbial acidification or the addition of acids, rennet or other milk-coagulating enzymes, regardless of any prior use of ion exchange or concentration processes;
‘casein’ means washed and dried products, insoluble in water and obtained from raw casein or skimmed milk by precipitation through microbial acidification or the addition of acids, rennet or other milk-coagulating enzymes, regardless of any prior use of ion exchange or concentration processes;
‘caseinates’ means products obtained by drying casein or raw casein treated with neutralising agents.
The aid per 100 kilograms of skimmed milk processed into casein or caseinates as referred to in paragraph 2 shall be EUR 0,75.
For calculation of the aid it shall be considered that:
one kilogram of acid casein as defined in Annex I was produced from 32,17 kilograms of skimmed milk;
one kilogram of:
caseinate as defined in Annex I
or
rennet-casein as defined in Annex I
or
acid casein as defined in Annex II
was produced from 33,97 kilograms of skimmed milk;
one kilogram of:
rennet-casein as defined in Annex II
or
caseinate as defined in Annex II
was produced from 35,77 kilograms of skimmed milk;
one kilogram of caseinate as defined in Annex III was produced from 28,57 kilograms of skimmed milk.
Aid shall be granted at the rate applicable on the day of production of the casein or caseinates.
Containers and packages of caseins and caseinates must show:
the description of the product and either the minimum or maximum or the actual percentage content of components indicated in Annexes I, II and III. The description to be shown on products as referred to in Annex III shall be as follows:
‘Caseinates containing more than 5 % but not more than 17 %, calculated on the total milk protein content, of simultaneously precipitated milk protein other than casein’;
the words ‘Regulation (EEC) No 2921/90’;
the production batch number.
Producers may not receive the aid unless they:
keep monthly abstracts of the quantities of milk and milk products, including casein and caseinates, delivered, produced, used and disposed of;
submit to surveillance by the competent authority.
Monthly abstracts referred to in paragraph 1 (a) shall cover at least the following:
entries of milk and cream;
purchases of raw casein;
purchases of casein and caseinates;
quantities of casein and caseinates produced, identified by production batch number, with date of production;
quantities of other milk products produced;
quantities of casein and caseinates sold, with date of sale and name and address of the recipient;
losses, samples and quantities returned and replaced of milk, milk products, casein and caseinates.
The abstracts shall be supported in particular by delivery notes, invoices and the undertaking's records.