Commission Regulation (EU) No 1272/2009 (repealed)Show full title

PART I Eligibility criteria for skimmed milk powder

1. The intervention agency shall buy-in only skimmed milk powder which complies with Article 10(1)(f) of Regulation (EC) No 1234/2007 with points 2 to 5 of this Annex and with Article 28(2).

2. The criteria for approving the undertakings referred to in Article 10(1)(e) of Regulation (EC) No 1234/2007 are listed in Part III of Annex IV.

3. The intervention agencies shall check the quality of skimmed-milk powder using the analytical methods set out in Part IV of this Annex on the basis of samples taken in accordance with the rules set out in Part VI of this Annex. The checks must establish that, except authorised raw materials used for protein adjustment as referred to in Annex I(4)(b) to Council Directive 2001/114/EC(1) the skimmed milk powder does not contain other products, in particular buttermilk and whey, as defined in Part IV of this Annex.

Protein adjustment, if applicable, shall occur in the liquid phase. Material used for protein adjustment shall be of Community origin.

However, if the Commission so agrees, Member States may set up a system of self-checking under their own supervision for certain quality requirements and certain approved undertakings.

4. Radioactivity levels in the skimmed-milk powder may not exceed the maximum levels permitted, where applicable, under Community rules. The level of radioactive contamination of the product shall be monitored if the situation so requires and during the period necessary only.

5. The skimmed-milk powder must have been manufactured during the 31 days preceding the day on which the intervention agency received the offer to sell at fixed price or, in the case of tenders 31 days preceding the closing date of the tendering sub-period. If the skimmed-milk powder is stored in silos containing more than one production day, it must have been manufactured during the three weeks preceding the week during which the offer to sell at fixed price was received or, in the case of tenders four weeks preceding the closing date of the tendering sub-period.

6. Where skimmed-milk powder is offered for intervention in a Member State other than that in which it was manufactured, buying-in shall be subject to presentation, no later than 35 days after the day on which the offer was received or after the closing date of the tender, of a certificate supplied by the competent agency of the Member State of manufacture.

The certificate shall contain the information referred to in Article 28(2)(a), (b) and (c) and a confirmation that the skimmed-milk powder has been produced from milk in an approved undertaking in the Community and protein adjustment, if applicable, occurred in liquid phase, as laid down in Article 10(1)(f) of Regulation (EC) No 1234/2007.

Where the Member State of manufacture has performed the checks referred to in point 2 above, the certificate shall also contain the results of those checks and confirm that the product concerned is skimmed-milk powder within the meaning of Article 10(1)(f) of Regulation (EC) No 1234/2007. In that case, the bags referred to in Article 28 shall be sealed with a numbered label issued by the intervention agency of the Member State of manufacture. The number shall be entered on the certificate referred to in the first subparagraph of this point.

(1)

OJ L 15, 17.1.2002, p. 19.