Commission Regulation (EC) No 382/2005 of 7 March 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
Modified by
- Commission Regulation (EC) No 432/2006of 15 March 2006amending 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, 306R0432, March 16, 2006
1. "dried fodder" means the products referred to in Article 1 of Regulation (EC) No 1786/2003, drawing a distinction between the following categories: (a) "dehydrated fodder", which means the artificially heat-dried products referred to in the first and third subparagraphs of point (a) of that Article, including "similar fodder products", in other words all artificially heat-dried herbage fodder products falling within CN code 12149090 and in particular:herbage legumes, herbage grasses, whole plants, harvested green with unripe grain, of the cereals listed in point I of Annex IX to Regulation (EC) No 1782/2003;
(b) "sun-dried fodder", which means the products otherwise dried and ground referred to in the second and fourth indents of Article 1(a) of Regulation (EC) No 1786/2003; (c) "protein concentrates", which means the products referred to in the first subparagraph of Article 1(b) of Regulation (EC) No 1786/2003; (d) "dehydrated products", which means the products referred to in the second subparagraph of Article 1(b) of Regulation (EC) No 1786/2003;
2. "processing undertaking" means the dried fodder processing undertaking referred to in Article 7 of Regulation (EC) No 1786/2003, duly approved by the Member State in which it is located, which carries out one of the following: (a) dehydration of fresh fodder by means of a drier which satisfies the following requirements: air temperature at the entry point not less than 250 °C; however, horizontal belt driers producing an air temperature at the entry point of not less than 110 °C approved before the beginning of the 1999/2000 marketing year need not comply with this requirement, residence time of the fodder being dehydrated not exceeding three hours, in case of drying in layers of fodder, bed depth of each layer no deeper than one metre;
(b) milling of sun-dried fodder; (c) manufacture of protein concentrates;
3. "purchaser of fodder for drying and/or grinding" means the natural or legal person referred to in Article 10(c)(iii) of Regulation (EC) No 1786/2003, duly approved by the Member State where he/she is established, who purchases fresh fodder from producers in order to deliver it to processing undertakings; 4. "lot" means a specific quantity of fodder of uniform quality as regards composition, moisture content and protein content, leaving a processing undertaking at the same time; 5. "mixture" means an animal feed product containing dried fodder which has been dried and/or ground by the processing undertaking, and additives. "Additives" are products of a different type from dried fodder, including binding agents and caking agents, or of the same type but dried and/or ground elsewhere. However, dried fodder containing no more than 3 % additives as a percentage of the total weight of the finished product shall not be regarded as a mixture where the total nitrogen content, relative to the dry matter of the additive, does not exceed 2,4 %; 6. "agricultural parcels" means the parcels identified in accordance with the identification system for agricultural parcels in the integrated management and verification system referred to in Articles 18 and 20 of Regulation (EC) No 1782/2003 and in Article 6 of Commission Regulation (EC) No 796/2004 OJ L 141, 30.4.2004, p. 18 .7. "single aid application" means the aid application referred in Article 22 of Regulation (EC) No 1782/2003 and Articles 12 and 14 of Regulation (EC) No 796/2004; 8. "final consignee of a lot of dried fodder" means the last person to have received that lot in the form in which it left the processing undertaking, with a view to processing the dried fodder or using it in animal feed.
(a) leave, in the unaltered state or as a mixture, the premises of the processing undertaking, or, where they cannot be stored on the latter, a storage location outside the same which provides adequate guarantees of proper supervision of the stored fodder and which has been approved in advance by the competent authority; (b) display the following characteristics on departure from the processing undertaking: (i) a maximum moisture content of: 12 % for sun-dried fodder, dehydrated fodder having undergone a milling procedure, protein concentrates and dehydrated products, 14 % for other dehydrated fodder;
(ii) a minimum crude protein content in comparison to dry matter of: 15 % for dehydrated fodder, sun-dried fodder and dehydrated products, 45 % for protein concentrates.
(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) a description of the technical installations for carrying out the operations specified at Article 2(2), and in particular the dehydration ovens and grinding units, with details of hourly evaporation capacity and operating temperature, and weighing equipment; (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.
(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; (d) comply with the conditions laid down in Regulation (EC) No 1786/2003 and in this Regulation.
(a) the dehydrated fodder must be manufactured in premises or places separate from those where sun-dried fodder is manufactured; (b) products obtained from the two manufacturing operations must be stored in different places; (c) a product belonging to one of the groups shall not be mixed within the undertaking with a product belonging to the other group.
(a) quantities of products entering for dehydration and/or grinding and, in respect of each delivery: the date of entry, the quantity, the type or types referred to in Article 1 of Regulation (EC) No 1786/2003 of fodder to be dehydrated and, where applicable, sun-dried fodder, the moisture content of fodder to be dehydrated, 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.
(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.
(a) the names and addresses of the parties to the contract; (b) the date on which it is concluded; (c) the marketing year concerned; (d) the type or types of fodder to be processed and the quantity likely to be involved; (e) 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.
(a) the finished product to be delivered, (b) the costs to be paid by the producer.
(a) the date of delivery or, where appropriate, an indicative date if delivery is to take place after the date on which the delivery declaration is submitted to the competent authority; (b) the quantity of fodder received or to be received; (c) the type or types of fodder to be processed; (d) where applicable, the name and address of the member of the group making the delivery; (e) 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.
(a) the identity of the approved purchaser; (b) the date of delivery or, where appropriate, an indicative date if delivery is to take place after the date on which the declaration is submitted to the competent authority; (c) the quantity of fodder received or to be received, broken down according to the producers with whom contracts were concluded by the approved purchaser, specifying the reference of the contracts; (d) the type or types of fodder to be processed; (e) 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.
(a) the identity of the co-contractor of the processing undertaking or approved purchaser or of the declarant in the case of an undertaking processing its own production or a group processing the production of its member; (b) the date of the contract or of the delivery declaration; (c) the identification references of the agricultural parcels; (d) the references of the single aid application in question.
(a) the submission of an aid application after the time limit referred to in paragraph 1 shall lead to a reduction of 1 % per working day in the amounts to which the undertaking would have been entitled if the application had been lodged within the time limit; (b) if the delay amounts to more than 25 days the application shall be considered inadmissible.
(a) the applicant’s first name, surname, address and signature; (b) the quantities covered by the aid application, broken down by lot; (c) the date on which each quantity left the undertaking; (d) confirmation that samples were taken of each lot in accordance with Article 10(3) on leaving the undertaking or when the dried fodder was mixed in, and any particulars required to identify the samples; (e) a list by lot of any additives, specifying the type, name, total nitrogenous matter content in the dry matter and rate of incorporation in the finished product; (f) in the case of mixtures, the total crude protein content in each lot of the fodder dried by the undertaking, after deduction of the total nitrogenous matter content provided by the additives.
(a) at least 5 % of lots which have been the subject of an aid application to verify traceability up to the final consignee; (b) at least 5 % of contracts and delivery declarations to verify the parcel of origin of the products supplied to processing undertakings.
(a) the amount of aid; (b) changes in the aid from the previous year; (c) the findings of checks made in past years; (d) other factors to be defined by the Member States.
(a) where the difference found on an aid application is no more than 20 % of the eligible quantity, the amount of the aid shall be calculated on the basis of the eligible quantity, reduced by double the difference found; (b) where the difference found on an aid application is over 20 % of the eligible quantity, the aid application shall be rejected; (c) where the difference found on an aid application is no more than 20 % of the eligible quantity, but follows a similar finding made during the same marketing year, the aid application shall be rejected; (d) where the difference found on an aid application is over 50 % of the eligible quantity or where a difference of over 20 % and no more than 50 % is found once again during the same marketing year, no aid shall be granted for the current marketing year.
(a) not later than 30 April of each year, of the estimated quantities of stocks of dried fodder held in the processing undertakings at 31 March that year; (b) not later than 30 April 2005 , of the quantities of stocks of dried fodder held in the processing undertakings at31 March 2005 and eligible under the terms of Article 34;(c) not later than 31 May of each year, of the number of new approvals, approvals withdrawn and provisional approvals in the previous marketing year; (d) not later than 31 May of each year, of the statistics on the checks carried out under Articles 23 to 28 and the reductions and exclusions applied under Articles 29, 30 and 31, in the previous marketing year, in accordance with Annex III; (e) 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, and the changes in areas of leguminous and other green fodder, in accordance with Annex II, in the previous marketing year; (f) during the month following the end of each six-month period, of the average moisture contents recorded during the previous six months in fodder to be dehydrated and notified by processing undertakings in accordance with Article 11(4). (g) not later than 1 May 2005 , of the measures adopted to implement Regulation (EC) No 1786/2003 and this Regulation, in particular the national penalties provided for in Article 30 of this Regulation.
(a) complies with the terms of Article 3 of this Regulation; (b) leaves the processing undertaking under the supervision of the competent authority under the conditions laid down in Article 10 and 11 of this Regulation; (c) is entered in the accounts in the context of the national guaranteed quantities allocated to the Member States concerned for the 2004/05 marketing year; (d) has been declared and certified during the 2004/05 marketing year.
(a) complies with the terms of Article 3 of this Regulation; (b) leaves the processing undertaking under the supervision of the competent authority under the conditions laid down in Article 10 and 11 of this Regulation; (c) is entered in the accounts in the context of the national guaranteed quantities allocated to the Member States concerned for the 2005/06 marketing year; (d) has been declared and certified during the 2005/06 marketing year.
| Subject | Unit | Quantity | |
|---|---|---|---|
| a | Production of dehydrated fodder | tonnes of dehydrated fodder | |
| b | Average humidity on entry | % | |
| c | Average humidity on leaving | % | |
| d | Average air temperature on entering the drier | °C | |
| e | Average specific consumption | megajoules per kg of dehydrated fodder | |
| f | Average specific calorific value | megajoules per tonne of fuel | |
| g | Quantity used | tonnes of fuel | |
| h | Energy produced | megajoules | |
| Cronos-Eurostat codes | Green fodder | Area ( | |
|---|---|---|---|
| a | (a) = b + c Green fodder grown on arable land, of which: | ||
| b | |||
| c | |||
| d | of which: lucerne | ||
| e | Total area of permanent grassland |
| Number of farmers | Number of contracts | Number of parcels | Area | Quantities declared ineligible | National penalties (Art. 32) | |
|---|---|---|---|---|---|---|
| Number of purchasers | Number of contracts | |
|---|---|---|
| Number of undertakings | Number of applications | Number of lots | Quantity of dried fodder leaving | Quantity of dried fodder mixed | |
|---|---|---|---|---|---|
| Number of lots | Quantity of dried fodder leaving | Quantity of dried fodder mixed | |
|---|---|---|---|