HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
22.8.2012 Official
Journal
of
the
European
Union L
226/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 760/2012
of 21 August 2012
amending Regulation (EC) No 595/2004 as regards the intensity of controls carried out by Member
States in the framework of the milk quota system
THE EUROPEAN COMMISSION,
(5) In
accordance
with
Annex
IX
to
Regulation
(EC)
No 1234/2007, the milk quota system ends in 2015.
Having regard to the Treaty on the Functioning of the European
Union,
(6) It
is
therefore
appropriate
to
fix
the
intensity
of
the
controls on deliveries in all Member States at 1 % of
the producers and at 20 % of the quantity of milk
Having regard to Council Regulation (EC) No 1234/2007 of
delivered declared after adjustment and to double the
22 October 2007 establishing a common organisation of agri
number of controls only in case of significant irregu
cultural markets and on specific provisions for certain agri
larities or discrepancies.
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 85 in conjunction with Article 4 thereof,
(7) Regulation
(EC)
No
595/2004
should
therefore
be
Whereas:
amended accordingly.
(1) Article
22
of
Commission
Regulation
(EC)
No
595/2004
of 30 March 2004 laying down detailed rules for
(8) As
the
proposed
amendments
intend
to
decrease
the
applying Council Regulation (EC) No 1788/2003 estab
intensity of the controls and thus to alleviate the admin
lishing a levy in the milk and milk products sector (
istrative burden for Member States, they should apply in

2 ),
provides for the intensity of controls which are to be
respect of the current 12-month period which has started
performed by Member States on milk delivered under
on 1 April 2012. It is therefore necessary that this Regu
the quota system. If the total adjusted deliveries have
lation apply as from that date.
been less than 95 % of the deliveries part of the
national quota in each of the three preceding 12-
month periods, the control intensity on deliveries may
(9) The
measures
provided
for
in
this
Regulation
are
in
be reduced from 2 % to 1 % of the producers and from
accordance with the opinion of the Management
40 % to 20 % of the quantity of milk declared after
Committee for the Common Organisation of Agricultural
adjustment.
Markets,
(2) The
administrative
complexity
of
those
controls
is
relatively high and should be simplified.
HAS ADOPTED THIS REGULATION:
(3) Member
States
have
gained
years
of
experience
with
Article 1
those controls and use a general control plan on the
basis of risk analyses.
Regulation (EC) No 595/2004 is amended as follows:
(4)
The results of the audits of the Commission in the
(1) Article 19(3) is replaced by the following:
Member States show that in almost all cases no
corrections were required.
( 1 ) OJ L 299, 16.11.2007, p. 1.
‘3. Controls
shall
be
deemed
to
be
completed
once
an
( 2 ) OJ L 94, 31.3.2004, p. 22.
inspection report of the controls is available.

---

L 226/2
EN
Official Journal of the European Union
22.8.2012
All inspection reports shall be completed no later than 18
(c) a representative sample of transport of milk between
months after the end of the 12-month period concerned.
selected producers and purchasers.
However, where the controls provided for in Article 20 are
The transport controls referred to in point (c) shall be
combined with other controls, the time limits laid down for
carried out in particular at unloading at the dairies.’
other controls and the establishment of the respective
inspection reports shall be respected.’;
(b) A new paragraph 4 is added:
(2) Article 22 is amended as follows:
‘4. If
a
control
reveals
significant
irregularities
or
discrepancies in a region or part of a region, the
(a) paragraph 1 is replaced by the following:
competent authority shall double the number of
controls during the 12-month period concerned and
the following 12-month period in that region or part
‘1. The
controls
referred
to
in
Article
21(1)
shall
of that region.’
cover at least:
Article 2
(a) 1 % of the producers for each 12-month period;
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Union.
(b) 20
% of the quantity of milk declared after
adjustment for the period concerned; and
It shall apply from 1 April 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 August 2012.
For the Commission
The President
José Manuel BARROSO

---

Document Outline

• �

---