Commission Regulation (EC) No 232/2008 of 14 March 2008 amending Regulation (EC) No 382/2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder

Regulation (EC) No 382/2005 is hereby amended as follows:

1. Article 12 is replaced by the following:

   1.

   Aid provided for in Article 86(1) of Council Regulation (EC) No 1234/2007^(*) shall only be granted to undertakings processing the products listed in Part IV of Annex I to that Regulation which comply with the following conditions:

   1. they keep stock records containing at least the following information:

      1. the quantities of green fodder and, where applicable, sun-dried fodder processed; however, where the particular circumstances of the undertaking so require, quantities may be estimated on the basis of areas sown;

      2. the quantities of dried fodder produced and the quantities, with their quality, that leave the processor;

   2. they provide any other supporting documents needed for verifying entitlement to the aid.

   2.

   The stock records of processing undertakings provided for in paragraph 1 shall be kept in conjunction with the accounts and shall permit daily tracking of:

   1. quantities of products entering for dehydration and/or grinding and, in respect of each delivery:

      1. the date of entry,

      2. the quantity,

      3. the type or types referred to in Part IV of Annex I to Regulation (EC) No 1234/2007 of fodder to be dehydrated and, where applicable, sun-dried fodder,

      4. the moisture content of fodder to be dehydrated,

      5. the references of the contract and/or delivery declaration provided for in Article 14 or 15 of this Regulation.

   2. the quantities produced and any quantities of all additives used in manufacture;

   3. the quantities leaving, and, for each lot, the date of leaving, the moisture content and protein content recorded;

   4. the quantities of dried fodder in respect of which a processing undertaking has already benefited from aid, and which have entered or re-entered the premises of the undertaking;

   5. the stock of dried fodder at the end of each marketing year;

   6. the products mixed with or added to fodder dried and/or ground by the undertaking, specifying the type and name of the products, their total nitrogenous matter content in the dry matter and their rate of incorporation in the finished product.

   3.

   Processing undertakings shall keep separate stock records for all categories of dried fodder provided for in Part IV of Annex I of Regulation (EC) No 1234/2007.

   4.

   Where a processing undertaking also dehydrates or processes products other than dried fodder, it shall keep separate stock records in respect of such other dehydrating or processing activities.

2. Article 14 is replaced by the following:

   1.

   Each contract as referred to in Article 86(1), points (a) and (c) of Regulation (EC) No 1234/2007 shall include, in particular:

   1. the price to be paid to the grower of the green fodder or, if appropriate, sun-dried fodder;

   2. the area from which the crop is to be delivered to the processor;

   3. the delivery and payment terms;

   4. the names and addresses of the parties to the contract;

   5. the date on which it is concluded;

   6. the marketing year concerned;

   7. the type or types of fodder to be processed and the quantity likely to be involved;

   8. the identification of the agricultural parcel(s) on which the fodder for processing is grown, with reference to the single aid application in which these parcels have been declared, in accordance with Article 14(1) of Regulation (EC) No 796/2004 and, where a contract has been concluded or a delivery declaration made before the date of submission of the single aid application, an undertaking to declare those parcels in the single aid application.

   2.

   Where a processing undertaking is executing a special-order contract for processing of fodder as referred to in Article 86(1)(a) of Regulation (EC) No 1234/2007 concluded with an independent producer or with one or more of its own members, the contract shall also indicate:

   1. the finished product to be delivered;

   2. the costs to be paid by the producer.’;

3. the following Article 22a is inserted in Chapter 5:

   1.

   Member States shall introduce inspection systems for verifying that each processing undertaking has complied with the following:

   1. the conditions laid down in Articles 1, 3, 86 to 89 of Regulation (EC) No 1234/2007 and Articles 12 and 14 of this Regulation;

   2. the quantities covered by aid applications correspond to the quantities of dried fodder meeting the minimum quality that leave the processing undertakings.

   2.

   Dried fodder shall be weighed on leaving the processing plant and samples taken.

   3.

   Before adopting provisions for the application of paragraph 1, Member States shall notify such provisions to the Commission.’;

4. in Article 33(2) point (e) is replaced by the following:

   1. not later than 31 May of each year, a comprehensive record of energy used in the production of dehydrated fodder, in accordance with Annex I to this Regulation, and the changes in areas of leguminous and other green fodder subject to processing as referred to in Article 86(1) of Regulation (EC) No 1234/2007, in accordance with Annex II to this Regulation, in the previous marketing year;’.

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 April 2008.