No L 44/28 Official Journal of the European Communities 16. 2. 89 COMMISSION REGULATION (EEC) No 382/89 of 15 February 1989- on measures to facilitate the implementation of Council Directive 85/397/EEC on health and animal-health problems affecting intra-Community trade in heat-treated milk THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation:(EEC) No 1079/77 of 17 May 1977 on a coresponsibility levy and on measures for expanding the markets in milk and milk products (*), as: last- amended by Regulation (EEC) No 2234/88 (), and in particular Article 4 thereof, Whereas Council Directive 85/397/EEC (°) provides that certain quality standards should be met by milk ‘which is exported as heat-treated milk ; whereas the minimum - standards to be met by producers delivering milk are laid down in Annex A, Chapter VI, Section D ; whereas the analyses * necessary to verify compliance with these- minimum standards are not yet carried out in every case ; whereas, therefore, it would seem-appropriate to assist the laboratories to acquire the necessary equipment; Whereas the organizations, institutes and producer groups possessing the necessary qualifications and experience should therefore - be invited to propose detailed programmes which they themselves would carry out; Whereas Article 16 of Directive 85/397/EEC requires the Member States to ensure that the provisions of the ‘Directive -are implemented by 1 January 1989 ; whereas equipment purchased on or after 1 October 1988 should be- eligible for financing; whereas, as regards other arrangements, the main provisions of Commission Regulation (EEC) No .615/85(f), taking account of relevant experience, may be repeated in this case; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk. Products, . HAS ADOPTED THIS REGULATION : Article 1 1. Aid shall be granted -for the following measures : (a) bacteriological 'analysi.;. of milk; (b) tests relating to- the health: aspects of milk; (c) checks to ascertain whether water has been added- to milk ; () OJ No L 131, 26. 5. 1977, p. 6. () OJ No L 197, 26. 7. 1988, p. 36. () OJ No L 226, 24. 8. 1985, p. 13. () OJ No L €9, 9. 3. 1985, p. 32. (d) the equipment of milk tankers with automatic . sampling devices ; (¢) the testing of milking machines ; (f) measures to improve the quality of raw milk, including the communication of results, and measures to. improve ‘the image of milk and milk products. 2. The measures referred to in paragraph 1 shall be eligible only if begun after 30 September 1988 ; they shall be completed wihtin one year of the signature of the contract referred to in Article 5'(3) and in any case before 1 Octeber 1990. In exceptional cases, however, a longer period may be agreed in accordance with Article 5 (3) to ensure maximum effectiveness of . the measures concerned. : 3. The time limit fixed in paragraph 2 shall not prevent subsequent agreement to an extension. of that limit where the party to a contract, before the fixed expiry . date, makes the appropriate application to the competent authority and proves. that to exceptional circumstances beyond his control, he is unable to meet the deadline ongmally stipulated. However, the extension may not exceed six months. Article 2. 1.  Measures as referred to in Article 1 (1) shall be proposed and " carried out by institutions, or producer groups which : (a) have the necessary qualifications and experience in the quality ‘control. of milk; (b) ensure the satisfactory. completion of the work. Proposals by individual firms will be considéred only where they are particularly justified and where they would not prejudice the operations of regional organizations specializing in the field. 2. The Community contribution shall not exceed 75 % of the expenditure incurred on measures pursuant to Article 1 (1) (a) to (e) or 90 % of the expenditure incurred on measures pursuant to Article 1 (1) (f). Not more than 33 % of the total sum available to a Member State may be spent on measures of the latter type.