Commission Regulation (EC) No 408/2009 of 18 May 2009 amending Regulation (EC) No 793/2006 laying down certain detailed rules for applying Council Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union
Commission Regulation (EC) No 408/2009of 18 May 2009amending Regulation (EC) No 793/2006 laying down certain detailed rules for applying Council Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the UnionTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the UnionOJ L 42, 14.2.2006, p. 1., and in particular the second subparagraph of Article 19(4), Article 20(2) and Article 25 thereof,Whereas:(1)In the light of the experience gained from the application of Commission Regulation (EC) No 793/2006OJ L 145, 31.5.2006, p. 1., certain provisions of that Regulation need to be amended.(2)The first subparagraph of Article 19(4) of Regulation (EC) No 247/2006 authorises Madeira to produce, purely for local consumption, UHT milk reconstituted from milk powder originating within the Community within the limits of local consumption requirements, in so far as this measure ensures that locally produced milk is collected and finds outlets. Detailed rules for the application of that provision should be adopted.(3)The types of outlet for fresh cow’s milk produced in Madeira and the minimum volume which should be incorporated in reconstituted UHT milk for local consumption should be specified. Experience would show that a minimum volume of incorporation of 15 % is appropriate to ensure that locally produced milk is collected and can find outlets.(4)In order to ensure adequate consumer information and in view of the exceptional nature of this derogation, the labelling should mention the method by which the product is obtained.(5)The authorisation referred to in the first subparagraph of Article 19(4) of Regulation (EC) No 247/2006 is limited to the production of UHT milk for local consumption and the export of the reconstituted milk should therefore be prohibited.(6)Article 20(1) of Regulation (EC) No 247/2006 authorises the French overseas departments and Madeira to import bovine animals from third countries, without applying customs duties, for fattening and local consumption purposes, until the local numbers of young male bovines reach a level sufficient to ensure that local beef and veal production can be maintained and developed. This supply must be limited to young male bovine animals for fattening.(7)The application of Article 20(2) of Regulation (EC) No 247/2006 requires effective checks on the specific destination of imported animals, and in particular compliance with a minimum duration of the fattening period. As a result, provision should be made for the lodging of a security to ensure that animals are fattened during that period in production units indicated for the purpose.(8)In view of the technical nature of the aforementioned detailed rules of application, provision should be made for a transitional period for the application of those rules.(9)The first subparagraph of Article 47(1) of Regulation (EC) No 793/2006 requires that, as regards the specific supply arrangements, the competent authorities are to send to the Commission, no later than the 15th day of the month following the end of each quarter, the data relating to the previous months. However, the second subparagraph of Article 47(1) states that the data provided for in the first subparagraph are to be supplied on the basis of the licences and certificates utilised. Article 10(2) of the same Regulation also states that the period of validity of licences and certificates are to be fixed on the basis of the transportation time, and that this time may not exceed two months from the date on which the licence or certificate was issued. Finally, in accordance with Article 7 of the same Regulation, the aid certificate must be submitted within 30 days from the date on which it may be charged. Since it is not legitimate for operators to require the transmission of quantities used within a time frame less than that authorised under the regulations, which may be as much as three months from the date on which the certificate was issued, the monthly data for the quarter which must be sent on the 15th day after that quarter, may be only extremely incomplete. As a result, the deadline for sending those data should be extended to the last day of the month following that quarter and it should be indicated that the data to be communicated should be available on that date. The provisional data will be replaced by final data by means of subsequent communications.(10)In order to ensure the standardised and harmonised management of data concerning the specific supply arrangements to be sent regularly to the Commission, the relevant authorities must use a single form, which is provided in the annex to this Regulation.(11)The procedures for amending programmes provided for in Article 49 of Regulation (EC) No 793/2006 need to be specified. The final date for submitting annual requests to amend general programmes should be brought forward in order to prevent approval decisions being adopted too late. In accordance with budgetary rules, the approved amendments must be implemented as from 1 January of the year following the amendment request. Moreover, further clarification is required of certain rules for minor amendments to be notified to the Commission for information purposes only.(12)Regulation (EC) No 793/2006 should therefore be amended accordingly.(13)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,HAS ADOPTED THIS REGULATION: