Commission Regulation (EC) No 382/2005Show full title

CHAPTER 2 U.K. PROCESSING UNDERTAKINGS AND PURCHASERS OF FODDER FOR DRYING AND/OR GRINDING

Article 5 U.K. Approval of processing undertakings

For the purposes of the approval referred to in Article 2(2), the processing undertaking shall:

(a)

provide the competent authority with a file comprising:

(i)

a plan of their premises, showing in particular entry points for products to be processed, exit points for dried fodder, storage locations for products awaiting processing and finished products, and processing sites;

(ii)

[F1 a description of the technical installations, and in particular the artificial heat-drying installations and grinding units, with details of hourly evaporation capacity and operating temperature, and weighing equipment, producing a final product which complies with the moisture content and minimum protein content referred to in Article 9 of Regulation (EC) No 1786/2003;]

(iii)

a list of the additives used before or during the dehydration process and an illustrative list of the other products used in manufacture and of the finished products;

(iv)

the model stock records referred to in Article 12;

(b)

make available to the competent authority its up-to-date stock records and accounts;

(c)

facilitate the verification procedures;

(d)

comply with the conditions laid down in Regulation (EC) No 1786/2003 and in this Regulation.

Processing undertakings shall notify the competent authority within 10 days of any change to the file referred to in point (a) of the first subparagraph, with a view to obtaining confirmation of the approval.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 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.

Article 6 U.K. Approval of purchasers of fodder for drying and/or grinding

For the purposes of approval as referred to in Article 2(3), a purchaser of fodder for drying and/or grinding must:

(a)

keep a register of the products in question, showing at least the daily purchases and sales of each product and, in respect of each lot, the quantity involved, a reference to the contract with the producer who delivered the product and, where applicable, the processing undertaking for which the product is intended;

(b)

make available to the competent authority its up-to-date stock records and accounts;

(c)

facilitate the verification procedures[F1 .]

(d)

[F2 . . . . .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 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.

F2 Deleted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 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.

Article 7 U.K. Granting and withdrawal of approval

Approval as referred to in Article 2(2) and (3) shall be requested by the party concerned before the beginning of the marketing year.

Approval shall be granted by the competent authority of the Member State before the beginning of the marketing year. In exceptional cases, provisional approval may be granted by the competent authority during a period not exceeding two months after the beginning of the marketing year in question. In such cases, the undertaking shall be deemed approved pending the granting of definitive approval by the competent authority.

Notwithstanding Article 30, where one or more of the conditions laid down in Articles 5 or 6 are no longer met the competent authority shall withdraw approval, unless the processing undertaking or purchaser of fodder for drying and/or grinding does what is required to comply once more with those conditions within a time limit to be fixed in accordance with the seriousness of the problem.

F2 Article 8 U.K. [F2 Obligations concerning the manufacture of fodder]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Deleted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 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.

Article 9 U.K. Obligations concerning products entering and leaving

Before bringing onto its premises products other than fodder to be dried and/or ground for the manufacture of mixtures, the processing undertaking shall so inform the competent authority of the Member State concerned, specifying the type and quantities thereof.

Where the products being brought in consist of fodder dried and/or ground by another processing undertaking, that undertaking shall also inform the competent authority of their origin and destination. In such cases, they may be brought onto the premises solely under the supervision of the competent authority and on conditions laid down by it.

[F3 Dried fodder leaving a processing undertaking may re-enter it only for the purpose of repackaging, under the supervision of the competent authority and on conditions laid down by it.]

Products entering or re-entering the premises of processing undertakings in accordance with this Article may not be stored with fodder dried and/or ground by the undertaking in question. They shall also be entered in the undertaking’s stock records as specified in Article 12(1).

Textual Amendments

F3 Substituted by Commission Regulation (EC) No 432/2006 of 15 March 2006 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.

Article 10 U.K. Weight determination, sampling and analysis of dried fodder

1. The processing undertaking shall weigh the dried fodder and take samples when it leaves the undertaking, as provided for in Article 13(2) of Regulation (EC) No 1786/2003.

However, where the dried fodder is mixed on the premises of the processing undertaking, weighing and sampling shall be carried out before mixing takes place.

Where mixing is carried out before or during drying, a sample shall be taken after drying. It shall be accompanied by a statement to the effect that it relates to a mixture and specifying the type and name of the additive, its total nitrogenous content in the dry matter and the rate of incorporation in the finished product.

2. The competent authority may require each processing undertaking to notify it at least two working days in advance each time dried fodder leaves the undertaking or is mixed, specifying the dates and quantities, to enable the latter to carry out the necessary checks.

The competent authority shall regularly take samples and weigh a quantity relating to at least 5 % by weight of dried fodder leaving the undertaking and at least 5 % by weight of dried fodder mixed each marketing year.

3. [F1 The determination of moisture and crude protein content provided for in Article 9 of Regulation (EC) No 1786/2003 shall be carried out by taking a sample for every 110 tonnes maximum of each lot of dried fodder leaving the processing undertaking or mixed on its premises in accordance with the method laid down in Commission Directives 76/371/EEC (1) , 71/393/EEC (2) and 72/199/EEC (3) .]

Where several lots of the same quality with regard to composition, moisture content and protein content, together weighing 110 tonnes or less, leave the undertaking or are mixed on its premises, a sample shall be taken from each lot. However, the analysis shall be carried out on a representative mixture of these samples.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 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.

Article 11 U.K. Weighing the fodder and determining the moisture content of fodder to be dehydrated

[F1 1. The processing undertaking shall systematically weigh fodder for drying and/or grinding delivered for processing, in order to determine the exact quantities thereof.]

2. The obligation to weigh such fodder systematically shall not apply where the production of the undertaking concerned does not exceed 1 000 tonnes per marketing year and the undertaking proves to the satisfaction of the competent authority of the Member State that it cannot make use of public weighing facilities located within a radius of five kilometres. In such cases, the quantities delivered may be determined by any other method approved in advance by the competent authority of that Member State.

3. The processing undertaking shall determine the average moisture content of fodder to be dehydrated on the basis of a comparison of the quantities used and the quantities of dried fodder obtained.

4. Before the end of the first month of each quarter, the processing undertaking shall notify the competent authority of the average moisture content, as referred to in paragraph 3, recorded during the previous quarter in respect of the fodder it has dehydrated.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 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.

[F4 Article 12 U.K. Stock records of processing undertakings

1. Aid provided for in Article 86(1) of Council Regulation (EC) No 1234/2007 (4) 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:

(a) they keep stock records containing at least the following information:

(i)

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;

(ii)

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

(b) 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:

(a) quantities of products entering for dehydration and/or grinding and, in respect of each delivery:

(i)

the date of entry,

(ii)

the quantity,

(iii)

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,

(iv)

the moisture content of fodder to be dehydrated,

(v)

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

(b) the quantities produced and any quantities of all additives used in manufacture;

(c) the quantities leaving, and, for each lot, the date of leaving, the moisture content and protein content recorded;

(d) 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;

(e) the stock of dried fodder at the end of each marketing year;

(f) 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.]

Textual Amendments

F4 Substituted by 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.

Article 13 U.K. Supporting documents for stock records

1. The supporting documents to be made available by processing undertakings to the competent authority at the latter’s request shall include:

(a) details whereby the production capacity of the plant may be determined;

(b) details of the fuel stocks held in the plant at the beginning and end of production;

(c) invoices for the purchase of fuel and the meter readings for electricity consumption during the production period;

(d) details of the number of hours the driers and, in the case of sun-dried fodder, the grinders were in operation;

(e) a comprehensive record of energy consumption, in accordance with Annex I;

(f) the contracts and/or delivery declarations.

2. Processing undertakings which sell their own output shall make available to the competent authority, in addition to the documents referred to in paragraph 1, the invoices in respect of their purchases of fodder for drying and/or grinding, and the invoices in respect of the sales of dried fodder, indicating in particular the quantity and composition of the product sold, and the name and address of the purchaser.

Undertakings processing the fodder produced by their members and delivering them dried fodder shall make available to the competent authority, in addition to the documents referred to in paragraph 1, the delivery orders or any accounting document acceptable to the competent authority, indicating in particular the quantity and composition of the product delivered, and the name and address of the persons to whom it was delivered.

Undertakings producing for farmers fodder supplied by and delivered back to those farmers shall make available to the competent authority, in addition to the documents referred to in paragraph 1, invoices in respect of their production costs, indicating in particular the quantity and composition of the dried fodder produced, and the name of the farmer.

(1)

[F1 OJ L 102, 15.4.1976, p. 1 .]

(2)

[F1 OJ L 279, 20.12.1971, p. 7 .]

(3)

[F1 OJ L 123, 29.5.1972, p. 6 .]

(4)

[F4 OJ L 299, 16.11.2007, p. 1 .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 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.

F4 Substituted by 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.