Opinion of the Advocate General — ECLI:EU:C:2006:420
Date: 2006-06-22
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 1. Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk (Commission Regulation No 536/93, Art. 7) 2. Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk (Commission Regulation No 536/93, Art. 7) 1. The first sentence of Article 7(1) of Regulation No 536/93 laying down detailed rules on the application of the additional levy on milk and milk products must be interpreted as conferring discretion on a Member State to lay down rules, in so far as is necessary, imposing on producers of milk established in its territory supplementary obligations to keep records which are more extensive than the obligations under Article 7(1)(f). In exercising that discretion, the Member State must comply with the general principles of Community law. (see para. 42, operative part 1) 2. Under the additional levy scheme for milk established by Regulations Nos 3950/92 and 536/93, Community law does not preclude legislation which requires milk producers to keep records of the quantity of butter produced and the use that it has been put to, even where the butter has been destroyed or used as feeding stuff, where, in the Member State concerned, it is found to be difficult to monitor effectively, on the basis of the Community requirements alone, the accuracy of statements of direct sales drawn up by producers. (see para. 49, operative part 2)