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
Commission Regulation (EC) No 232/2008of 14 March 2008amending 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 fodderTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1)., and in particular the second subparagraph of Article 71(2) thereof,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)OJ L 299, 16.11.2007, p. 1., and in particular Articles 90 and 194(a) in conjunction with Article 4 thereof,Whereas:(1)Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodderOJ L 270, 21.10.2003, p. 114. Regulation as last amended by Regulation (EC) No 456/2006 (OJ L 82, 21.3.2006, p. 1). is to be repealed from 1 April 2008 under Article 201(1)(b) of Regulation (EC) No 1234/2007.(2)Article 86(1) of Regulation (EC) No 1234/2007 provides for an aid for processing in respect of the products of the dried fodder sector to be granted to undertakings processing products. The conditions and the obligations to be fulfilled by those undertakings are currently laid down in Regulation (EC) No 1786/2003 and in its implementing rules contained in Commission Regulation (EC) No 382/2005OJ L 61, 8.3.2005, p. 4. Regulation as last amended by Regulation (EC) No 1388/2007 (OJ L 310, 28.11.2007, p. 3)..(3)In particular, Article 10 of Regulation (EC) No 1786/2003 provides among others the obligation of processing undertakings to keep stock records. Article 12 of the said Regulation determines the information to be stated in the contracts provided for by Article 86(1)(a) of Regulation (EC) No 1234/2007 and Article 13 of Regulation (EC) No 1786/2003 provides that Member States have to introduce control systems.(4)Those conditions and obligations have not been incorporated in the Regulation (EC) No 1234/2007.(5)In order to enable the dried fodder sector to continue to function properly and in the interest of clarity and rationalisation, those conditions and obligations should be laid down in Regulation (EC) No 382/2005.(6)Eligibility for the aid requires, in certain cases, conclusion of a contract between producers and processing undertakings. To promote transparency of the production chain and facilitate essential checking, certain particulars in contracts should be made compulsory.(7)To receive the aid, processors should therefore be required to keep stock records providing necessary information for checking entitlement and to furnish any other document needed.(8)Where there is no contract between the producers and the processing undertakings, the latter should have to provide other information allowing entitlement to be checked.(9)Regulation (EC) No 382/2005 should therefore be amended accordingly.(10)In accordance with Article 33(2)(e), Member States should notify to the Commission, inter alia, the changes in areas of leguminous and other green fodder. In order to render this provision more precise, it should be specified that the areas concerned are those whose production was, in the previous marketing year, subject to processing in view of obtaining the aid referred to in Article 88 of Regulation (EC) No 1234/2007.(11)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,HAS ADOPTED THIS REGULATION: