Mandatory declarations in the milk and dairy products sector

Primary milk purchasers and other stakeholders (small producers and dairy manufacturers) are required to report certain information to the Member States on a regular basis.

These obligations are intended to enable the European Commission to monitor market trends through timely information on the volumes of raw milk delivered

Who are the key players in the milk market?

FIRST BUYERS

These are companies or associations that buy milk directly from producers, in order to process, chill, store and transform it, or to resell it to other companies that process or transform it.

What are their obligations?

They must be pre-approved by the Region or Autonomous Province where they have their registered office.

They must declare, by the 20th of each month, the quantity of milk and semi-finished products collected during the previous month. To this end, they must enter the identification details of their suppliers and the addresses of the establishments of origin or production companies into the SIAN database, signing the entry with a digital signature.

If the first purchaser is also a manufacturer of dairy products, by the 20th of January, April, July and October, they must record and sign with a digital signature, in the SIAN database, the declaration relating to the quantities of each product manufactured and each product sold during the previous quarter, as well as the relevant stock levels updated to the last day of the month preceding the declaration.

Below is the link to the register of recognised first purchasers:

https://www.sian.it/portale/servizi/catalogo-servizi/albo-degli-acquirenti-riconosciuti

MANUFACTURERS

These are companies (individual or associated) that produce dairy products.

What do they need to do?

They must register on the SIAN portal via the Region in which their registered office is located.

By the 20th of January, April, July and October, they must record and digitally sign, in the SIAN database, the declaration relating tothe quantities of each product manufactured and each product sold during the previous quarter, as well as the relevant stock levels updated to the last day of the month preceding the declaration.

SMALL PRODUCERS

The term ‘small producer’refers to a milk producer who processes and subsequently sells their own milk directly, excluding milk delivered to first purchasers, and dairy products obtained exclusively from milk produced on their own farm.

Therefore, farmers who purchase milk – even occasionally – from other farmers (in which case they must apply for recognition as first purchasers) or who purchase milk – even occasionally – from other suppliers (in which case they must register as manufacturers) are not considered ‘small producers’.

What do they need to do?

They must have set up a valid farm record in the SIAN database, which must include at least one farm corresponding to their type of production, with an adequate livestock population and a corresponding entry in the National Database (BDN), linked to a milk registration number.

By 20 January each year, they are required to record in the SIAN database the quantities of each product manufactured and each product sold during the previous calendar year, as well as the quantities of milk sold, excluding that delivered to first purchasers, and the quantities of milk used in the manufacture of dairy products sold in the previous year. By the same deadline, small producers are also required to record in the SIAN database the stock levels for each manufactured product, updated as at 31 December of the previous year.

It should be noted that the relevant national and EU legislation does not provide for any minimum thresholds for exemption from the reporting obligation.

The quantities of milk declared must be expressed in kg, as must those relating to derived products for which the use of the number of wheels as a unit of measurement is not specified.

All declarations entered into the SIAN must be digitally signed.

How are declarations made, and who checks them?

All parties subject to the obligation (first purchasers, manufacturers and small-scale producers) must submit their declarations via theSIAN portal, managed byAGEA, which also sets out how to access and use the system. Instructions can be found atwww.sian.it.

The Agriculture Departmentof the Autonomous Province of Trento is responsible for:

Recognising or revokingthe status of first purchaser of milk (both bovine and sheep and goat),

Registeringmilk processors and milk-producing farms on the SIAN system,

Ensuringthat declarations are submitted in atimely, accurate and complete manner

Beware of penalties!

If the mandatory declarations (those submitted via SIAN):

• are not submitted,
• are submittedlate,
• are submitted incorrectly, even if on time,

you risk an administrative penalty, as provided for by law (Article 3, paragraph 4 of Decree-Law 27/2019).

The obligation is deemed to have been fulfilledonly ifthe declaration recorded in SIAN is:

• submittedwithin the prescribed time limit,
• correct and complete.

Therefore, if the declaration is submitted on time but contains errors or incomplete data, the obligation is not deemed to have been met and you may still be subject to a fine.

In the event of irregularities (late and/or incorrect and/or incomplete declarations), the Regions or Autonomous Provinces shall forward all documentation to the ICQRF (the Central Inspectorate for Quality Protection and Fraud Prevention in Agri-Food Products), which has territorial jurisdiction, together with evidence of the objections raised and notifications issued, for the imposition of a fine ranging from a minimum of €1,000.00 to a maximum of €6,000.00.